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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 05/03/2011 - SECOND READING OF ORDINANCE NO. 052, 2011, REPEALI DATE: May 3, 2011 AGENDA ITEM SUMMARY STAFF: Wanda Krajicek FORT COLLINS CITY COUNCIL • Second Reading of Ordinance No. 052, 2011, Repealing Ordinance No. 003, 2011, Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods. EXECUTIVE SUMMARY On April 7, 2011, the City Clerk certified that a petition received from Barbara Hoehn on Monday, March 14, 2011, requesting that Council repeal Ordinance No.003,2011 or refer such ordinance to the registered voters of the city was sufficient to require further action by the Council. On April 19, 2011, Council unanimously voted to repeal Ordinance No. 003, 2011 on First Reading. STAFF RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. ATTACHMENTS 1. Copy of First Reading Agenda Item Summary-April 19, 2011 (w/o attachments) ATTACHMENT DATE: April 19, 2011 STAFF: Wanda Krajicek • • • Items Relating to the East Side and West Side Neighborhoods Referendum Petition. A. Presentation of a Certified Petition Seeking to Repeal Ordinance No. 003,2011, Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods. (No Action Needed) �� /7 B. First Reading of Ordinance Noo522011��RepealinglO�i rdf+n�anc�No.F003, 2011, Making Amendments to the City of Fort Collins Land Use' , de Pertaini� ast:Side a 4 West Side Neighborhoods. OR C. First Reading of Ordinance No. 053, 2011, Calling a Special Election to be Held in Conjunction with the November 1, 2011 Larimer County Coordinated Election. OR D. Resolution 2011-037 Referring Ordinance No.003,2011,Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods, to a Vote of the Registered Electors of the City at the Next Regular Municipal Election on April 2 2013. EXECUTIVE SUMMARY On March 14, 2011, a referendum petition was filed with the City Clerk's Office seeking to repeal Ordinance No. 003, 2011, Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods. On March 14, 2011, the City Clerk determined that the referendum petition did not contain the requisite number of signatures(at least 2,517)to warrant further action by the City Council and that such petition was insufficient within the meaning of Article X, Section 5(f) of the City Charter. On March 24, 2011, a petition representative filed a Protest of Petition Insufficiency. Pursuant to the provisions of the City Charter,a protest hearing was held on March 31,2011,at which the City Clerk,as the hearing officer, heard testimony regarding the allegations contained in the Protest. At the conclusion of the protest hearing,the City Clerk preliminarily determined that she had received adequate testimony to qualify-additional signatures-which would result in the referendum petition being certified as sufficient. The final decision of the hearing officer was rendered on April 7, 2011, finding the referendum petition to be sufficient. r� I� j)s I UJ \�// Upon presentation to the Council of a\petition certified uffilrci—ent/for refellrl(endum, the operation of the ordinance in question is automatically suspended pending repeal by the Council or final determination by the voters. If the ordinance is not repealed, the Council must refer the ordinance to a vote of the registered electors at the next regular or special City election scheduled for any other purpose. Alternatively,the Council may call a special election for this specific purpose. For consideration at this meeting, staff has prepared an ordinance calling a special election to be held in conjunction with the Larimer County Coordinated Election on November 1, 2011. If Council would prefer to call a special election at a different date, the ordinance can be amended accordingly before second reading. The earliest practical opportunity for a special election would be August 2, 2011. If the Council chooses to wait until April'2013 to have the voters consider this issue, Resolution 2011-037 is presented to place the issue on the ballot and set the ballot�language. Ilf Council opts for a special election on another date, a revised Resolution will be presented to Cho✓ciI on�M�iri conjunction with�Second Reading of the ordinance calling the special election. �� Ll IJ April 19, 2011 -2- ITEM 27 FINANCIAL / ECONOMIC IMPACTS Calling a special election, whether in November or at another time, will be more costly than waiting until the next regular election in April 2013. STAFF RECOMMENDATION Staff recommends Council select among the options provided. ATTACHMENTS U U U 1. Certification of Referendum Petition 2. Ordinance No. 003, 2011, Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods. COP VU COPY COPY ORDINANCE NO. 052, 2011, OF THE COUNCIL OF THE CITY OF FORT COLLINS REPEALING ORDINANCE NO. 003, 2011, MAKING AMENDMENTS TO THE CITY OF FORT COLLINS LAND USE CODE PERTAINING TO THE EAST SIDE AND WEST SIDE NEIGHBORHOODS WHEREAS, on February 1, 2011, the City Council adopted on second reading Ordinance No. 003, 2011, Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods (the "Ordinance"); and WHEREAS,on February 11,2011,a registered elector commenced referendum proceedings by filing with the City Clerk a notice of protest against the Ordinance; and WHEREAS, on February 22, 2011, the City Clerk approved the form of the referendum petition relating to the Ordinance (the "Referendum Petition"); and WHEREAS,on March 14,2011,the Referendum Petition was filed with the City Clerk;and WHEREAS,on March 17,2011,the City Clerk determined that the Referendum Petition did not contain the requisite number of signatures (at least 2,517) to warrant further action by the City Council and that such petition was insufficient within the meaning of Article X, Section 5(f) of the City Charter; and WHEREAS, on March 24, 2011, a Protest of Petition Insufficiency (the "Protest Notice") was filed by Lynn Davies, one of the Referendum Petition representatives; and WHEREAS, pursuant to the provisions of the City Charter, a protest hearing (the "Protest Hearing") was held on March 31, 2011, at which the City Clerk heard testimony regarding the allegations contained in the Protest Notice; and WHEREAS,at the conclusion of the Protest Hearing,the City.Clerk preliminarily determined that she had received adequate testimony to qualify additional signatures which would result in the Referendum Petition being certified as sufficient; and WHEREAS,the final Decision of the City Clerk was rendered on April 7, 2011, finding the Referendum Petition to be sufficient; and WHEREAS, under Article X, Section 2(e) of the City Charter, the presentation to the City Council of a petition certified by the City Clerk as sufficient for referendum automatically suspends the operation of the ordinance'in question pending repeal by the Council or final determination by the electors; and WHEREAS, Council has determined that the Ordinance should be repealed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS that Ordinance No. 003,2011,Making Amendments to the City of Fort Collins Land Use Code Pertaining to the East Side and West Side Neighborhoods, is hereby repealed in its entirety. Introduced, considered favorably on first reading, and ordered published this 19th day of April, A.D. 2011, and to be presented for final passage on the 3rd day of May, A.D. 2011. Mayor ATTEST: City Clerk Passed and adopted on final reading on the 3rd day of May, A.D. 2011. Mayor ATTEST: City Clerk