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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 02/01/2011 - ITEMS RELATING TO A CITIZEN-INITIATED ORDINANCE AM DATE: February 1, 2011 AGENDA ITEM SUMMARY STAFF: ' Wanda Krajicek FORT COLLINSCOUNCIL SUBJECT Items Relating to a Citizen-Initiated Ordinance Amending People's Ordinance No. 2, 1975 Pertaining to Construction in Library Park. A. Presentation of a Petition for a Citizen-Initiated Ordinance That Would Amend People's Ordinance No. 2, 1975, to Permit Expansion of the Main Library, Which Petition Has Been Certified by the City Clerk as Sufficient for Placement on a Regular Municipal Election Ballot. (No Action Needed) B. Resolution 2011-009 Submitting to the Electors of the City at the Next Regular Municipal Election on April 5, 2011, a Citizen-Initiated Ordinance Amending People's Ordinance No. 2, 1975 Relating to Construction at Library Park. EXECUTIVE SUMMARY The City Clerk's Office received an initiative petition on January 18, 2011, which has been determined to contain a sufficient number of signatures to place an initiated measure before the registered electors of the City. Pursuant to the City Charter, upon presentation of an initiative petition certified as sufficient by the City Clerk, the Council must either adopt the proposed ordinance without alteration within 30 days; or submit such proposed measure, in the form petitioned for, to the registered electors of the city. Because this initiative seeks to modify a 1975 initiative approved by the voters,Article X, Section 4 of the Charter requires the Council to submit the proposed measure to the voters. Submitting the issue to the electors is also consistent with the provisions of Section 4.2.6 of the Intergovernmental Agreement among the City, the Poudre River Public Library District, and Larimer County. BACKGROUND / DISCUSSION The City Clerk's Office has certified a sufficient number of signatures on an initiative petition received on January 18, 2011. Under Article X of the City Charter, 2,517 signatures of registered electors(at least 10%of the total ballots cast in the last regular City election) are required to place an initiative on a regular election ballot. Upon presentation of an initiative petition certified as to sufficiency by the City Clerk,the Council must either adopt the proposed ordinance without alteration or submit the proposed measure in the form petitioned for, to the registered electors of the city. However, because this initiative seeks to modify a 1975 initiative approved by the voters, Article X, Section 4 of the Charter requires the Council to submit the proposed measure to the voters. Submitting the issue to the electors is also consistent with the provisions of Section 4.2.6 of the Intergovernmental Agreement among the City,the Poudre River Public Library District, and Larimer County. The purpose of the initiated measure is to amend People's Ordinance No. 2, 1975, which restricted development in Library Park, to permit expansion of the Main Library. The full text of People's Ordinance No. 2, 1975 is as follows: BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS: That certain park known as Lincoln Park, described as Block 142 in the City of Fort Collins, shall continue to be a public park and after the adoption of this ordinance, no more than five percent of the area now devoted to open-space park purpose shall be used as the site for construction of additional buildings or parking facilities. February 1 2011 -2- ITEM 17 The text of the proposed ordinance is as follows: BE IT ORDAINED AS FOLLOWS: That People's Ordinance No. 2, 1975 shall be modified to read that 85%of Library Park will remain open park space so that the ground floor of the library building can be expanded by building down from the existing overhangs, an addition of 6,000 square feet. This building remodel will be accomplished with existing Library District funds. STAFF RECOMMENDATION Staff recommends adoption of the Resolution submitting the proposed measure to the voters. ATTACHMENTS 1. Petition certification ATTACHMENT 1 STATE OF COLORADO ) COUNTY OF LARIMER ) SS. CITY OF FORT COLLINS ) PETITION CERTIFICATION I, the undersigned, duly appointed and authorized City Clerk of the City of Fort Collins, Colorado do hereby certify that a petition received from Robin Gard on January 18, 2011, requesting that Council place an initiated ordinance on the ballot for the regular biennial City election occurring on April 5, 2011, has been determined to contain at least 2,517 signatures of registered voters who live within the Fort Collins city limits, and the petition is determined to be sufficient to require placement of the measure on a regular municipal election ballot. Said ordinance pertains to expanding the ground floor of the library building in Library Park. Dated at Fort Collins, Colorado this 20th day of January, A.D. 2011. Wanda Krajicek, City le • Y 'O COLON RESOLUTION 2011-009 OF THE COUNCIL OF THE CITY OF FORT COLLINS SUBMITTING TO THE ELECTORS OF THE CITY AT THE NEXT REGULAR MUNICIPAL ELECTION ON APRIL 5, 2011, A CITIZEN-INITIATED ORDINANCE AMENDING PEOPLE'S ORDINANCE NO. 2, 1975 RELATING TO CONSTRUCTION IN LIBRARY PARK WHEREAS,under Article X,Section 1 of the City Charter,the registered electors of the City have the power to propose an ordinance or resolution to the City Council, and if the City Council fails to adopt such measure so proposed, then to adopt or reject such ordinance or resolution at the polls; and WHEREAS, on April 8, 1975,the electors of the City approved People's Ordinance No. 2, 1975,which limited the construction of additional buildings or parking facilities on Block 142,City of Fort Collins, now known as Library Park; and WHEREAS, in 2009, pursuant to an Intergovernmental Agreement among the City, the Poudre River Public Library District ("District"), and Larimer County, dated December 18, 2007, (the"IGA"),the City conveyed the Main Library, located in Library Park,and most of Library Park to the District; and WHEREAS, the District wishes to expand the Main Library, and to amend People's Ordinance No. 2, 1975 in order to allow for such expansion; and WHEREAS, an initiative petition relating to the amendment of People's Ordinance No. 2, 1975 has been submitted to the City, and the City Clerk has certified said petition as sufficient for submission of the initiated ordinance to a vote of the people at a regular municipal election; and WHEREAS, the City Clerk has presented said petition to the City Council as provided in Article X, Section 5(f)(4) of the City Charter; and WHEREAS, under Article X, Section 4 of the City Charter, an initiated measure submitted to the registered electors of the city by the Council, with or without a petition therefor, and adopted by electoral vote cannot be repealed or amended except by a subsequent electoral vote; and WHEREAS,submitting the issue to the registered electors of the City is also consistent with the provisions of Section 4.2.6 of the IGA; and WHEREAS,under Article X,Section 6 of the City Charter,upon ordering an election on any initiative or referendum measure,the Council shall,after public hearing,adopt by resolution a ballot title and submission clause for the measure; and WHEREAS, the ballot title for the measure must identify the measure as either a city- initiated or citizen-initiated measure; and WHEREAS the submission clause must be brief, must not conflict with those selected for any petition previously filed for the same election, and must unambiguously state the principle of the provision sought to be added. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That there is hereby submitted to the registered electors of the City at the next regular municipal election to be held on Tuesday, April 5, 2011, the following proposed citizen- initiated ordinance: BE IT ORDAINED AS FOLLOWS: That People's Ordinance No.2, 1975 shall be modified to read that 85%of Library Park will remain open park space so that the ground floor of the library building can be expanded by building down from the existing overhangs,an addition of 6,000 square feet. This building remodel will be accomplished with existing Library District funds. Section 2. That the foregoing proposed citizen-initiated ordinance is hereby submitted to the registered electors of the City at said regular municipal election in substantially the following form: PROPOSED CITIZEN-INITIATED ORDINANCE AMENDING PEOPLE'S ORDINANCE NO. 2, 1975 PERTAINING TO CONSTRUCTION IN LIBRARY PARK An ordinance modifying People's Ordinance No. 2, 1975 — which ordinance presently states that Block 142 (previously known as Lincoln Park and now known as Library Park) shall continue to be a public park and that no more than 5% of the area devoted to open-space park purposes shall be used as the site for construction of additional buildings or parking facilities—to state instead that 85% of Library Park will remain open park space, so that the ground floor of the library building can be expanded, using existing Library District funds, by building down from the existing overhangs of the building,thereby adding 6,000 square feet to the building. FOR THE ORDINANCE AGAINST THE ORDINANCE -2- Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 1 st day of February A.D. 2011. Mayor ATTEST: City Clerk -3-