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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/15/2011 - SECOND READING OF ORDINANCE NO. 011, 2011, SUBMITT DATE: February 15, 2011 AGENDA ITEM SUMMARY STAFF: Darin Atteberry _ Steve Roy T COLLINS CITY COUNCIL Second Reading of Ordinance No.011,2011,Submitting to a Vote of the Registered Electors of the City of Fort Collins a Proposed Amendment to Article II of the City Charter, Pertaining to Council District Boundaries. EXECUTIVE SUMMARY This Ordinance, unanimously adopted on First Reading on February 1,2011,submits to the voters at the April 5,2011 election, a proposed Charter amendment modifying the method used for periodically adjusting Council district boundaries. The proposed Charter amendment will require the City Clerk's office to adjust Council districts on the basis of population rather than the number of registered electors. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary- February 1, 2011 (w/o attachments) ATTACHMENT 1 DATE: February 1, 2011 STAFF: Darin Atteberry _ Steve Roy First Reading of Ordinance No. 011, 2011, Submitting to a Vote of the Registered Electors of the City of-Fort Collins a Proposed Amendment to Article II of the City Charter, Pertaining to Council District Boundaries. EXECUTIVE SUMMARY r—.--� rN /7 1 This Ordinance submits to the voters'at the April 5, 20�)ell ictio)�a pr p��d Charter amendment modifying the method used for periodically adjusting Counc�rdi's\ict boundaries. The proposed Charter amendment will require the City Clerk's office to adjust Council districts on the basis of population rather than the number of registered electors. BACKGROUND / DISCUSSION In September of 2010, the City Clerk's office began the process of adjusting the City Council districts in compliance with the City Charter,Article II, Section 1 (d). The Charter currently requires the City Clerk to determine if the number of registered electors in the district containing the lowest number of registered electors is less than eighty-five percent (85%) of the number of registered electors in the district containing the highest number. If so, the Clerk must recommend district boundary adjustm�ents to the Councilil� M) During the redistricting process, que(lions were raised by�citizen' sand WCouncilmembers about the current formula for redistricting and, in particular, using the number�of registered electors i,Ithe redistricting formula instead of total population and whether using total population data would provide a more accurate basis for the formula. Since September, discussions have ensued about whether it would be administratively feasible to change Council districts on the basis of total population rather than the number of registered electors. The City Clerk's office has determined that it is administratively feasible to do so due to advances in technology that allow for total population to be calculated more efficiently and accurately. If this Charter amendment is approved by the voters on April 5, staff will bring an ordinance to Council to amend Chapter 7 of the City Code, Section 7-87 to provide that: 1. Not less than one year after the official decennial PdUication of the u>S. Census concerning the population of the City of Fort Collins, thefCity Clerkfshall recommend tolthe\Git'"Council any district boundary changes necessary to ensure, to the extent reasonably possible7that there is no more than a ten percent deviation between the most populous and leastpopu lous District. 2. Not more than once every five years after making the determination required under subsection(1)above,the City Clerk shall again review the district boundaries to determine if the maximum deviation between the most populous and the least populous district exceeds ten (10) percent, and if so, shall recommend to the City Council any district boundary changes necessary to ensure that each district contains,as nearly as reasonably possible, an equal number of inhabitants. 3. Any changes to district boundaries shall be established by ordinance no less than one hundred and twenty (120) days before a regular municipal election. (This time period may need to be adjusted if, at the April 5, 2011 election, voters approve the-implementation of ranked ch_oi ce voting.) STAFF RECOMMENDATION (( 'n) ( � 1 u u Staff recommends adoption of the Ordinance on First Reading. ORDINANCE NO. 011, 2011 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 II OF THE CITY CHARTER, PERTAINING TO COUNCIL DISTRICT BOUNDARIES WHEREAS,Article IV,Section 8 of the City Charter states 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. states that Charter amendments may be initiated by the adoption of an ordinance by the City Council submitting a proposed amendment to a vote of the registered electors of the City of Fort Collins; and WHEREAS,Article II, Section 1(d)of the City Charter requires the City Clerk to determine, prior.to each regular biennial election, if the number of registered electors in the Council district containing the lowest number of registered electors is less than eighty-five percent of the number of registered electors in the district containing the highest number and, if so, to recommend district boundary changes to the Council to be established by ordinance; and WHEREAS, due to advances in technology, it is now feasible for the City Clerk to more efficiently and accurately calculate the total population of Council districts; and WHEREAS, upon recommendation of the City staff, the City Council believes that the method used by the City for adjusting Council district boundaries should be based upon total population rather than the number of registered electors in each district, and that such method is more clearly consistent with the constitutional principle of"one person, one vote" and the basic precepts of representative government. 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 II, Section 1 of the City Charter shall be submitted to the registered electors of the City as "Proposed Charter Amendment No. 1" at the regular municipal election to be held on Tuesday, April 5, 2011: Section 1. Membership; terms. (a) Composition of Council. The Council shall consist of seven (7) members, including a Mayor and Mayor Pro Tem, elected as provided in this Article. (b) Method of election. The Mayor shall be nominated and elected from the city at large.The remaining six(6)members shall be nominated and elected by Districts. The election of District Councilmembers shall alternate between the election of representatives for Council Districts 1,3 and 5 and the election of representatives for Council Districts 2, 4 and 6. (c) Re dis ti ic tit ig Couhcti district boundaries. The city shall be divided into six (6)contiguous;reasonably compact Wistricts, , each of which shall consist of contiguous;undivided general election•;precincts and, fo the extent .reasonabl`y ,possible,:an,.equal.nuinb'er`of inhabitants: The Ddistricts shall be numbered consecutively in a clockwise fashion beginning with the northeast Odistrict,which shall be District 1. The Council shall pravideestablish by ordinance for—the giving- rocess for,::adjusting,district boundaries and,;givin notice of any proposed'' dart' changes; and the manner of protesting such praeeedingsproposed changes. befbie each cgular biermial election,die eity Clerk shall decirnine if the ritirribcr o Legistered electors in the District containing the lowest nurribei of registered electors District boundary changes, which shall be established by-orullIaTIM at least on", hundred and twerity (120) days before the election. (ed) Terms. Except as otherwise provided in Section 18 of this Article and Section 3(d)of Article IX,the term of office of the Mayor shall be two(2)years,and the term of office of all other members of the Council shall be four(4)years each; provided,however,that all such officers shall serve until their successors have been elected and have taken office. The terms of the Mayor and other members of the Council shall begin when they take the oath of office, which shall occur as the first order of business at the first regular or special Council meeting following their election or appointment. Section 2.. That the following ballot language is hereby adopted for submitting Proposed Charter Amendment No. 1 to the voters at said election: CITY-INITIATED PROPOSED CHARTER AMENDMENT NO. 1 Shall Article II, Section I of the Fort Collins City Charter be amended to change the method for adjusting City Council district boundaries so that the size and configuration of Council districts will be based upon the number of people residing in each district rather than the number of registered electors? YES NO -2- r Introduced, considered favorably on first reading, and ordered published this 1st day of February,A.D. 2011,and to be presented for final passage on th day of February,A.D. 2011. J � Maykj ATTEST: City Clerk Passed and adopted on final reading on the 15th day of February, A.D. 201 L. Mayor ATTEST: City Clerk -3-