HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/23/2007 - POTENTIAL AMENDMENTS TO THE CITY CHARTER FOR THE A DATE: January 23, 2007 WORK SESSION ITEM
STAFF: Darin Atteberry FORT COLLINS CITY COUNCIL
SUBJECT FOR DISCUSSION
Potential Amendments to the City Charter for the April Municipal Election.
GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED
The following potential amendments to the City Charter are proposed for the April Municipal
election:
1 Election Board Composition
2. Term Length for Office of Mayor
3. City Council Compensation
4. 20-Year Limit on Franchises and Leases
1. Shall the City Attorney prepare a Charter amendment modifying the composition of the
Election Board?
2. Shall the City Attorney prepare a Charter amendment expanding the term for Mayor from
two to four years?
3. Shall the City Attorney prepare a Charter amendment changing the current level of City
Council compensation?
4. Shall the City Attorney prepare a Charter amendment eliminating the 20-year limit on leases
while leaving the 20-year limit on franchises?
BACKGROUND
1. Election Board Composition
The Election Board was created in 1954. The purpose of the Election Board is to assist with the
conduct of elections and to certify the election results. The Election Board consists of two citizens
appointed by the City Council, and the City Clerk.
Prior to the age of technology and mail ballot elections,the Election Board was very involved in the
conduct of elections. Election Board members recruited individuals to serve as polling place judges,
often relying on friends, relatives and church members. This was truly a function that benefited
from community networking. However, as technology developed to manage lists of volunteers
using databases, it became more efficient for staff to assume the role of recruiting and managing
polling place judges. Certification of election results has also become effortless through the use of
January 23, 2007 Page 2
technology. In the past, verification of the results was an exercise in calculation and recalculation
until the Board was satisfied that the numbers were accurate.
In 1995, when the City conducted its first mail ballot election, the need for polling place judges
became obsolete. Since 1995,the role of the Election Board has continually declined. In 2005,with
only one citizen member in place on the Board, the role was limited to certifying the results of the
election. Sophisticated election equipment and tabulation software now handle the tabulation
process with proven accuracy. Procedures for testing election machines and tabulation software
prior to counting ballots ensure accurate results. There is no need to manually recalculate results.
It is still important to have a body of authority certify election results. This proposed Charter
amendment recommends that composition of the Election Board be modified to consist of the City
Clerk,the Chief Deputy City Clerk, and the Municipal Judge, all of whom are sworn to uphold the
Constitution and the laws of the United States and the State of Colorado and the Charter and
Ordinances of Fort Collins. Since the Election Board would consist of paid employees of the City,
the authority for Council to set the compensation of the Board is removed.
If this Charter amendment is approved by the voters on April 3, staff will bring an ordinance to
Council before the end of the year,to amend Chapter 7 of the City Code which contains references
to the composition and compensation of the Board of Elections,and Section 2-493 of the City Code
relating to the duties of the Municipal Judge.
2. Term Length for the Office of Mayor
A table showing the term length for mayors in Colorado's largest cities is attached.
3. City Council Compensation
A table showing council and mayor compensation for Colorado's largest cities is attached.
Fort Collins Council compensation history and intent:
1913 Charter (approved by voters on September 16, 1913) - Commissioner form of government.
One served as the Commissioner of Public Safety and Health, and was the ex-officio Mayor.
Compensation was $700/year. One served as the Commissioner of Highways, Public Works and
Utilities, and was the ex-officio Mayor pro tempore. Compensation: $600/year. The third was the
Commissioner of Finance and Supplies, and was the ex-officio Treasurer. Compensation:
$600/year.
1954 Charter (approved by voters on October 10, 1954) - Change to Council-Manager form of
government. Mayor received $500/year; Council received $400/year, payable in monthly
installments.
Election April 5, 1977 - Council compensation changed to $100/month; Mayor$125/month.
Election March 3, 1987 - Council compensation changed to $250/month; Mayor$350/month.
Election April 8, 1997 - Council compensation changed to $500/month; Mayor $750/monthly.
January 23, 2007 Page 3
Annual adjustments by ordinance tied to Denver/Boulder CPI. The Final Report of the Charter
Review Committee stated, "Compensation should be token of appreciation rather than full
compensation." It went on to say, "The Committee felt that voters would not approve a significant
compensation increase and instead recommended an increase that would be comparable to that paid
in other Front Range communities."
4. 20-Year Limit on Franchises and Leases.
Another amendment recommended by staff has to do with the term of the leases that the City can
enter into. Article XI of the City Charter, pertaining to Franchises and Public Utilities, states in
Section 5 that "no franchise, lease or right to use the streets or the public places or property of the
city shall be granted for longer than twenty(20) years." The context of this provision, which has
been in place in the City Charter since at least 1918, suggests that this provision is intended to apply
only to franchises,such as those granted to outside utility providers. A strict reading of the wording,
however, would make the provision applicable to any and all leases of City property.
There are important reasons why this limitation should not be applied to leases of City property.
For example, there are leases in which the lessee will, at its own expense, construct costly
improvements that, at the end of the lease term, will become the property of the City. If the term
of this kind of lease cannot exceed twenty years, potential lessees may be unwilling to fund the
improvements needed to make the transaction worthwhile from their standpoint, and the city could
lose a valuable opportunity to make beneficial use of its property.
Therefore, staff recommends that the provision be amended to eliminate the ambiguity about its
application so that it applies only to franchises. The amended provision would read as follows:
"No franchise shall be granted for longer than twenty(20) years."
ATTACHMENTS
1. Current City Charter provision for Election Board.
2. Current City Charter provisions for terns of office and City Council compensation.
3. Table of length of term for Colorado mayors.
4. Table of Council compensation for Colorado cities.
5. Table of Council compensation for communities nationally.
6. City staff compensation figures.
7. County Commisioner and State Legislator salaries.
ATTACHMENT
Charter-Elections Art.Vlll§4
any. If a petition is found to be signed by fewer persons Section 7. Certification of election results.
than the number certified by the circulator, the signa-
tures shall be accepted unless void on other grounds. If a The Board of Elections shall meet on the third day
/ominating
tion is found to be signed by more persons than after every city election and, after verifying the total
ber of signatures certified by the circulator, th st number of legal votes cast for each candidate and meas-
atures in excess of the number certified s 1 be ure voted upon, shall file a certificate with the City
egarded. Within the regular time for film titions, Clerk declaring the results of the election. The candidate
nsufficient petition may be amended an tied again receiving the highest number of votes for a particular
a new petition, in which case the ti of the first office shall be declared elected to that office. In event of
g shall be disregarded in determin' the validity of a tie, the selection shall be made by the Board of Elec-
atures thereon, or a different lion may be filed tions by lot after notice to the candidates affected. In
the same candidate. The pet n for each candidate case the candidate elected fails to qualify within sixty
ted to office shall be pr ed by the City Clerk (60) days after the date of issuance of the certificate of
l the expiration of the s of office for such per- election, the candidate with the next highest vote shall
. be elected, and the candidate failing to qualify shall
forfeit his or her office whether or not such candidate
c) No person I receive any compensation what- has taken the oath of office. If there is no other elected
r for sigma ominating petition. successor who qualifies, the office shall be deemed
d. No. 1 77, 2-15-77, approved, election 4-5-77; vacant, and shall be filled by appointment by the re-
. No. 1, 1986, § 1, Part E, § 4, 12-16-86, ap- maining members of the Council, as provided in Article
e ection 3-3-87; Ord. No. 202, 1986, § 1, Part 11, Section 18.
6-86, approved election 3-3-87; Ord. No. 158, (Ord. No. 197, 1986, § 1, Parts C, M, 12-16-86, ap-
12-20-88, approved, election, 3-7-89; Ord. No. proved, election 3-3-87; Ord. No. 202, 1986, § 1, Parts
1997, § 1,2-4-97,approved,election 4-8-97) V,W, 12-16-86,approved,election 3-3-87; Ord. No. 11,
1997, § 1, 2-4-97, approved, election 4-8-97; Ord. No.
Section 5. Board of Elections. 129, 1999, § 2, 8-17-99,approved,election 11-2-99)
There is hereby created a Board of Elections consist- Section 8. Campaign contributions.
ing of the City Clerk and two (2) registered electors
appointed by the Council. The Board shall be responsi- The Council shall act by ordinance to establis a
ble for any election duties specified in this Charter and limit on the amount that any person or entity ma on-
for such additional duties related to the conduct of elec- /N2
u[e in support of a candidate for Council on a ba1-
tions as may be established by the Council by ordi- t any city election.
nance. Board members may receive such compensation
as may be determined by the Council. o political party or city employee, d' ctly or indi-
(Ord. No. 201, 1986, § 1, Part H, 12-16-86, approved, ly, and no public service corporati , nor any other
election 3-3-87; Ord. No. 202, 1986, § 1, Part V, 12-16- on, firm or corporation, ownin interested in, or
86, approved, election 3-3-87;Ord.No. 11, 1997, § 1,2- nding to apply for any franchi r contract with the
4-97, approved,election 4-8-97) shall contribute or expend a money or other valu-
thing, directly or indirec , to assist in the election
Section 6. Appearance of names on ballot. efeat of any candidate.
Every ballot shall contain thX
f all duly . No. 6, 198Q 1-16- , approved, election 2-26-80;
nominated candidates for offices for at that . No. 208, 1984, 1- -85, approved, election 3-5-85;
. No. 201, 198 1, Part M, 12-16-8(, approved,
election, except those who haverawn. The tion 3-3-87; No. 202, 1986, § 1, Parts V, W,
names shall be arranged i habetical order of sur- 16-86, appr d,election 3-3-87; Ord. No. l 1, 1997,
name for each office, all not contain any title or 2 4-97,degree designatin business or profession of the proved, election 4-8-97; Ord. No. 129,
9, § 2, 7-99, approved,election 11-2-99)candidate. The didate's name may be a nickname,
but shall clude any punctuation marks setting out io Corrupt practices.the nic eo. 129, 1999, § 1, 8-17-99, approved, electiony person who violates at a city election any state
-2-99) provision of this Charter or ordinance of the city
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Supp.No.77
Charter—Form of Government, Powers,Seal ATTACHMENT 2
Art[§ t
PREAMBLE general laws of this state, together wit the implied
We, the people of Fort Collins, Colorado, u er the powers necessary to carry into exe n all the powers
authority of the Constitution of the State of lorado, granted. The enumeration of ular powers by this
do ordain, establish and adopt this Charter f our mu- Charter shall not be dee to be exclusive, and in
nicipal government. addition to the powers merated or implied, or appro-
priate to the of
of such powers, it is intended that
ARTICLE I. the city shall and may exercise all powers of local
FORM OF GOVERNMENT, PO RS,SEAL self-gove nt which, under the Constitution of this
state, i uld be competent for this Charter specifically
Section 1. Name, boundaries. to crate.
The citizens of Fort Collins, the County of ARTICLE It.
Latimer, State of Colorado,within a boundaries of the CITY COUNCIL
municipal corporation as now est fished and heretofore
existing under the name of Fort ollins, or as hereafter Section 1. Membership; terms.
established in the manner pro ed by law, shall con- (a) Composition of Council. The Council shall con-
tinue to constitute a body co rate and politic i per- sist of seven (7) members, including a Mayor and
Collinpetual s, as a home-rule icipal corporation under succession, under the ame of the City off Fort Mayor Pro Tem,elected as provided in this Article.
Collin
Article XX of the Constitu n of the State of Colorado. (b) Method of election. The Mayor shall be nomi-
The official seal for the y shall consist of the word nated and elected from the city at large. The remaining
"SEAL" surrounded by t words "City of Fort Collins, six (6) members shall be nominated and elected by Dis-
Colorado." tricts. The election of District Councilmembers shall
Section 2. Form of g ernment. alternate between the election of representatives for
Council Districts 1, 3 and 5 and the election of represen-
The municipal go mment provided by this Charter tatives for Council Districts 2;4 and 6.
shall be known as "Council-Manager government."
Pursuant to its pro ions and subject only to the limita- (c) Redistricting. The city shall be divided into six
tions and excepti s imposed by the state Constitution (6) Districts, each representing one (1) contiguous, rea-
and by this Ch er, all powers of the city shall be sonably compact unit. The Districts shall be numbered
vested in an el ive Council, hereinafter referred to as consecutively in a clockwise fashion beginning with the
"the Council." II powers of the City of Fort Collins northeast District, which shall be District 1.The Council
shall be exer sed in the manner prescribed by this shall provide by ordinance for the giving of notice of
Charter or, if e manner be not therein prescribed, then any redistricting proceedings and the manner of protest-
in such man r as maybe prescribed by ordinance. ing such proceedings.
(Ord. No. 1 , 1997, § 1, 2-4-97, approved, election 4-8- (d) Formula for redistricting. No later than one hun-
97) dred and eighty (180) days before each regular biennial
Section Succession to rights and liabilities. election, the City Clerk shall determine if the number of
registered electors in the District containing the lowest
The unicipal corporation, the City of Fort Collins, number of registered electors is less than eighty-five
shall ntinue to own, possess and hold all the real and (85) percent of the number of registered electors in the
pers al property heretofore owned, possessed, or held District containing the highest number. If so, the City
by t city, and shall continue to manage and dispose of Clerk shall recommend to the Council District boundary
all sts in connection therewith and succeed to all the changes, which shall be established by ordinance at least
ri is, benefits,and liabilities of the city. one hundred and twenty(120)days before the election.
tion 4. Powers of city. (e) Terms. Except as otherwise provided in Section
18 of this Article and Section 3(d) of Article IX, the
The city shall have all the powers granted to munici- term of office of the Mayor shall be two (2) years, and
al corporations and to cities by the Constitution and
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Supp.No.77
Charter-City Council Art.II§ 1
the term of office of all other members of the Council protests, the City Clerk shall have the power to sub
shall be four (4) years each; provided, however, that all poena witnesses, administer oaths, and require the
such officers shall serve until their successors have been duction of evidence.No protest shall be filed prio the
elected and have taken office. The terms of the Mayor date of appointment or the date of issuance o e cer-
and other members of the Council shall begin when they tifrcate of election of a Councilmember, chewer is
take the oath of office, which shall occur as the first applicable, nor shall any such protest, of than a pro-
order of business at the first regular or special Council test based upon the fact of a felony co motion, be filed
meeting following their election or appointment. more than fifteen(15)days after said te.
(Ord. No. 23, 1981, 2-17-81, approved, election 4-7-8 1; (e) The fact that a Council tuber may be deter-
Ord. No. 94, 1972, 1-4-73, approved, election 2-20-73;
Ord. No. 197, 1986, § 1, Parts A, B, 12-16-86, ap- mined to have lacked any qua ' cation for the office of
proved, election 3-3-87; Ord. No. 154, 1988, 12-20-88, Councilmember during all any portion of his or her
approved, election 3-7-89; Ord. No. 100, 1990, 94-90, term of office shall not a t the validity of any action
approved,election 11-6-90; Ord.No. 15, 1997, § 1,24- taken by the Council d g such Councilmember's terns
97, approved,election 4-8-97) of office.
(Res. No. 71-12, 11-71, approved, election 4-6-7 1;
Section 2. Qualifications of candidates and mem- Ord. No. 5, 19 , approved, election 3-8-83; Ord. No.
bers;challenges. 202, 1986, § art X, 12-16-86, approved, election 3-
3-87; Ord. o. 100, 1990, 94-90, approved, election
(a) An individual shall be eligible to be a c idate 11-6-90; rd. No. 20, 1991, § 1, 2-19-91, approved,
for the office of Councilmember if at the tim of the electio 4-2-9 1; Ord. No. 20, 1993, § 1, 2-16-93, ap-
election he or she is a citizen of the United S es; is at pro election 4-6-93; Ord. No. 15, 1997, § 1, 2-4-97,
least twenty-one (21) years of age; has been r one (1) a roved,election 4-8-97)
year immediately preceding such election elector of
the city; and, in the case of a District C ncitmember, Section 3. Compensation of members.
has continuously resided in the Distric om which he
or she is to be elected since the date f accepting any Commencing in 1998, the compensation for all
nomination for election under Articl III, Section 3, of Councilmembers except the Mayor shall be five hun-
this Charter. dred dollars ($500.) per month and the compensation of
the Mayor shall be seven hundred fifty dollars ($750.)
(b) No person who has bee convicted of a felony per month. These amounts shall be adjusted annually
shall be eligible to be a candid for, or hold, the office thereafter for inflation in accordance with the Denver/
of Councilmember. Boulder Consumer Price Index.
(Ord. No. 12, 1977, 2-15-77, approved, election 4-5-77;
(c) No person shall be igible to stand for election Ord. No. 198, 1986, § 1, Part A, 12-16-86, approved,
to more than one (1) el ve office at any single mu-
election 3-3-87; Ord. No. 100, 1990, 9-4-90, approved,
nicipal election. During term of office, no member of election 11-6-90; Ord. No. 16, 1997, § 1, 2-4-97, ap-
the Council shall be a mployee of the city or hold any proved,election 4-8-97)
other elective public ice. No person shall be elected Editor's note--See §2-575 of the City Code for current salaries of
or appointed to any ity office, position or employment Councilmembers.
for which the co ensation was increased or fixed by
the Council wh' such person was a member thereof Section 4. Organization.
until after expi tion of one (1) year from the date when The Mayor shall preside at meetings of the C
such person sed to be a member of the Council. and shall be recognized as head of the ci mment
(d) An registered elector may file with the City for all ceremonial purposes and b overnor of the
Clerk a tten protest challenging the qualifications of state for purposes of milita e Mayor shall exe-
any m her of the Council. Any such protest shall be cute and authenticate instruments requiring the
resol d by the City Clerk as expeditiously as possible signature of the r. The Mayor shall also perform
but more than forty-five (45) days from the date of such other s as may be provided by ordinance
fil' g of the protest, pursuant to a procedure established which of inconsistent with the provisions of this
b the Council by ordinance. In order to resolve such C r.
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Supp.No.77
Attachment 3
Term of office and annual compensation for mayors for Colorado's largest cities
requested by Councilmember Kastein
Sources: Colorado Municipal League,city websites
Strong mayor form of government
1. Denver, 554,636 4 years
Council/Manager governments
2. Colorado Springs 384,876 4 years - $6,250
3. Aurora—306,908 4 years - $50,170
4. Lakewood— 144,150 4 years - $24,000
5. Fort Collins— 137,470 2 years - $11,340
6. Westminster— 108,710 4 years - $12,000
7. Thornton— 105,444 4 years - $15,000
8. Arvada— 103,400 4 years - $18,000
9. Centennial— 102,673 4 years - $10,200
10. Pueblo— 102,121 mayor selected from council
11. Boulder— 101,547 mayor selected from council
12. Greeley— 89,000 2 years - $14,400
13. Longmont— 82,798 2 years—$18,000
14. Loveland—61,871 2 years - $12,000
Colorado Springs, Fort Collins, Longmont and Loveland have municipal electric utilities
Attachment 4
Council compensation in largest Colorado cities with Council/Manager government
requested by Councilmember Kastein
Source: Colorado Municipal League
City, Population Annual Pay-Council/Mayor Health Benefits
Colorado Springs- 384,876 6,250/ 6,250 Yes
Aurora-306,908 11,715 / 50,170 Yes
Lakewood- 144,150 9,127 /24,000 Yes
Fort Collins- 137,470 7,560/ 11,340 No
Westminster- 108,710 9,600/ 12,000 Yes
Thornton- 105,444 10,800/ 15,000 Yes
Arvada- 103,400 13,800/ 18,000 No
Centennial- 102,673 8,400/ 10,200 No
Pueblo- 102,121 8,400/ 10,800 Yes
Greeley- 89,000 9,600/ 14,400 Yes
Longmont-82,798 12,000/ 18,000 Yes
Loveland-61,871 4,800/ 12,000 No
Broomfield-49,900 7,200/9,600 No
Littleton-42,000 8,700/ 13,800 Yes
Northglenn-37,500 6,900/9,660 No/Yes
Colorado Springs, Fort Collins, Longmont and Loveland have municipal electric utilities
Attachment 5
Council compensation in comparable communities nationally requested by
Councilmember Kastein
Cities identified as comparable in recent restructuring study
Source: city internet websites
City, Population Annual Pay—Council/Mayor
Ann Arbor, MI— 113,271 15,913 /42,436
Boulder, CO— 97,422 8,500/ 8,500
College Station, TX— 72,388 0/0
Davis, CA—60,709 8,400/ 8,400
Eugene, OR— 144,515 12,000/ 18,000
Fremont, CA—200,468 16,884/26,532
Fort Collins— 127,686 7,560/ 11,340
Gainesville, FL— 108,184 28,182/35,868
Lawrence, KS — 81,816 9,000/ 10,000
Scottsdale, AZ—226,013 18,000/ 36,000
Attachment 6
Cityof Fort Collins compensation
ompensation information requested by Councilmember
Manvel
Source: Human Resources
Mean of annual salaries paid Fort Collins City employees (does not include Council
employees or hourly employees -part time salaries annualized) = $57,225
Median of annual salaries paid Fort Collins City employees (does not include Council
employees or hourly employees - part time salaries annualized) _ $56,784
What is the lowest annual salary for a full-time City employee?
The lowest annual salary for a full time City employee= $24,871
Attachment 7
County commissioner and state legislator salaries requested by Councilmember Manvel
Source: Colorado C.R.S.
Colorado state senators and representatives receive an annual compensation of$30,000.
County officers:
(a) Category I counties shall consist of the counties of Adams, Arapahoe, Boulder, Douglas,
El Paso, Jefferson, Larimer, Pueblo, and Weld;
(b) Category II counties shall consist of the counties of Eagle, Fremont, Garfield, La Plata,
Mesa, Pitkin, and Summit;
(c) Category III counties shall consist of the counties of Alamosa, Archuleta, Chaffee, Clear
Creek, Delta, Gilpin, Grand, Gunnison, Las Animas, Moffat, Montrose, Morgan, Otero, Park,
Rio Blanco, San Miguel, Routt, Logan, and Teller;
(d) Category IV counties shall consist of the counties of Custer, Elbert, Huerfano, Kit
Carson, Lake, Montezuma, Ouray, Prowers, Rio Grande, Washington, and Yuma;
(e) Category V counties shall consist of the counties of Baca, Bent, Cheyenne, Conejos,
Costilla, Crowley, Hinsdale, Lincoln, Phillips, Saguache, and San Juan;
(f) Category VI counties shall consist of the counties of Dolores, Jackson, Kiowa, Mineral,
and Sedgwick.
On and after January 1, 2002, but prior to January 1, 2007, the annual salaries of county
officers whose term of office begins on or after January 1, 2002, but prior to January 1, 2007,
shall be as follows:
Commissioners Sheriffs Clerks
(a) Category I 63,203 71,293 63,203
(b) Category II 51,827 57,768 51,827
(c) Category III 41,714 53,091 41,714
(d) Category IV 35,394 47,782 35,394
(e) Category V 32,613 36,405 32,613
On and after January 1, 2007, the annual salary of a county officer whose term of office begins
on or after such date shall be as follows:
Commissioners Sheriffs Clerks Coroners Surveyors
(a) Category I 87,300 111,100 87,300 87,300 5,500
(b) Category II 72,500 87,700 72,500 44,200 4,400
(c) Category III 58,500 76,000 58,500 33,100 3,300
(d) Category IV 49,700 66,600 49,700 22,100 2,200
(e) Category V 43,800 49,100 43,800 9,900 1,100
(f) Category VI 39,700 46,500 39,700 9,000 1,000