No preview available
HomeMy WebLinkAboutCOUNCIL - COMPLETE AGENDA - 06/12/2012 - COMPLETE AGENDAKaren Weitkunat, Mayor Council Information Center Kelly Ohlson, District 5, Mayor Pro Tem City Hall West Ben Manvel, District 1 300 LaPorte Avenue Lisa Poppaw, District 2 Fort Collins, Colorado Aislinn Kottwitz, District 3 Wade Troxell, District 4 Cablecast on City Cable Channel 14 Gerry Horak, District 6 on the Comcast cable system Darin Atteberry, City Manager Steve Roy, City Attorney Rita Harris, Interim City Clerk The City of Fort Collins will make reasonable accommodations for access to City services, programs, and activities and will make special communication arrangements for persons with disabilities. Please call 221-6515 (TDD 224- 6001) for assistance. WORK SESSION June 12, 2012 6 p.m. 1. Call Meeting to Order. 2. Boards and Commissions Periodic Review. (staff: Darin Atteberry; 90 minute discussion) Each year Council meets with several boards and commissions to review their functions and goals. This year Council will review the following boards and commissions: • Affordable Housing Board • Golf Board • Water Board • Youth Advisory Board 3. Potential Ballot Questions for a November 2012 Special Election and/or April 2013 Regular Election. (staff: Diane Jones, Rita Harris, Steve Roy; 1 hour discussion) Councilmembers expressed an interest in discussing election-related ballot questions to be placed before the electorate at a special election to be held in conjunction with the November Presidential Election or at the City’s April 2013 Regular Election. One possible City Code amendment was also mentioned. Topics identified for discussion include: June 12, 2012 • Councilmember/Mayoral Term Limits (Charter amendment) • Council District Configuration/At-large Representation (Charter Amendment) • Campaign Contribution Limits (City Code Amendment) In addition to the topics identified by Council, staff has also compiled a list of several “housekeeping” Charter amendments for Council consideration. Those suggested amendments are described in more detail below. 4. Oil and Gas Extraction Regulation and Mitigation within Fort Collins. (staff: Dan Weinheimer; 45 minute discussion) The City of Fort Collins seeks to update its land use regulations concerning oil and gas exploration, and develop options for mitigating impacts upon the community. Staff expects this will be a complex and controversial process that requires cooperation and coordination with the Colorado Oil and Gas Conservation Commission (COGCC), oil and gas industry representatives, Fort Collins residents, and other interested stakeholders. In order to ensure the resulting regulations match community expectations, an extensive public engagement process is recommended. Staff has formed a multidisciplinary team to address this project with a project manager assigned from the City Manager’s office. Staff is gathering information about regulation, meeting with other agencies and with stakeholders in the regulatory process, engaging the resources of Colorado State University and others, and will engage residents in public engagement. Staff seeks feedback from the City Council as to both process and areas of desired regulation. 5. Other Business. 6. Adjournment. DATE: June 12, 2012 STAFF: Darin Atteberry Pre-taped staff presentation: none WORK SESSION ITEM FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Boards and Commissions Periodic Review. EXECUTIVE SUMMARY Each year Council meets with several boards and commissions to review their functions and goals. This year Council will review the following boards and commissions: • Affordable Housing Board • Golf Board • Water Board • Youth Advisory Board GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED The work session will conclude with either: 1. A statement that the board should continue without alteration; or 2. Direction to staff to prepare legislation making any changes (number of members, duties, etc.). BACKGROUND / DISCUSSION At its January 25, 2000 Work Session, Council discussed several procedures regarding its boards and commissions. A portion of the discussion focused on the establishment and scope of a process to periodically review the purpose and functions of the City's boards and commissions. At Council’s request, staff developed a Periodic Review Process which was adopted on February 20, 2001 by Resolution 2001-026 as a part of the Boards and Commissions Manual. The review dates have been staggered; each board or commission will be reviewed approximately every six years. The 2012 review includes the following boards and commissions: • Affordable Housing Board • Golf Board • Water Board • Youth Advisory Board June 12, 2012 Page 2 In accordance with the adopted review process, each of the boards listed above completed a self- assessment questionnaire. Attached to each questionnaire is the City Code description of the board’s duties, the most recent work plan, annual report, and bylaws. The Role of Council Liaisons to Boards and Commissions is also attached to define the description of the Council Liaison as it relates to direction, communication, facilitation and meeting attendance for boards and commissions. The Council’s review will consist of the following questions: - What does the board do? (current functions) - Does the City need a board that does this? - If so, should any of the duties of the board be changed? - Can any of the duties of this board be consolidated with another board? - Is the size of the board appropriate? - Is the work done by the board beneficial and useful to the Council? The Chairperson and Vice-Chairperson from each of the boards and commissions have been invited to join the Council during the review of each board or commission. The discussion at the work session is intended to assist the Council in determining whether it should: - Continue the board without alteration of duties or composition. - Continue the board with amendment to duties and/or composition. - Eliminate the board and its duties. - Eliminate the board and transfer of some or all duties to other existing board(s). The work session will conclude either with: 1. A statement that the board should continue without alteration; or 2. Direction to staff to prepare legislation making any changes (number of members, duties, etc.). ATTACHMENTS 1. Affordable Housing Board Periodic Review Questionnaire – (with attachments) 2. Golf Board Periodic Review Questionnaire (with attachments) 3. Water Board Periodic Review Questionnaire – (with attachments) 4. Youth Advisory Board Periodic Review Questionnaire – (with attachments) 4. Periodic Review Process adopted February 20, 2001 5. The Role of Council Liaisons to Boards and Commissions adopted on May 17, 1988 and revised on June 6, 2000 ATTACHMENT 1 1 2 3 4 5 6 7 8 9 10 ATTACHMENT 2 1 2 3 4 5 6 7 8 9 10 11 RETURN COMPLETED QUESTIONNAIRE TO CITY CLERK BY: FRIDAY, JUNE 1, 2012 BOARDS AND COMMISSIONS PERIODIC REVIEW QUESTIONNAIRE DATE PREPARED: April 27, 2012 BOARD/COMMISSION NAME: Water Board LIST OF MEMBERS: Steve Balderson Brian Brown Liesel Hans Lori Brunswig Phil Phelan Eric Garner Meagan Smith Brett Bovee Duncan Eccleston Becky Goldbach Steve Malers Staff Liaison: Brian Janonis Council Liaison: Wade Troxel 1. Are the current duties of the Board, as defined by City Code, realistic? If not, what duties would you suggest be added and/or deleted? Section 2-436 of the Municipal Code describes the purpose of the Water Board (see attachment) The Water Board advises council on water, wastewater, and storm-water related issues. The Board’s agenda planning calendar helps keep the quantity of work at each meeting reasonable. There is great depth and breadth to water, waste water and storm water utilities. The Water Board has formed committees to allow interested members to review selected issues in greater detail than is possible in monthly meetings. Committees provide a report to the full Board as well as comments related to action items at the regular meetings Occasionally, the Board acts as a quasi-judicial body on floodplain regulation variances. Variances are not a frequent event, and the Water Board appreciates support provided by City legal staff to insure hearings are conducted properly. The Board does not recommend any core duties be added or deleted at this time. However, because water issues also overlap other boards and commissions (such as Natural Areas), is the Board recommends that additional definition be provided to guide coordination and advising on ATTACHMENT 3 1 topics of shared interest. For example, it may be appropriate to hold joint Board meetings on occasion and request attendance of members from other Boards to coordinate efforts. 2. Is the Board’s workload (annual work plan) too much; too little; about right? Explain. The Board’s work plan is “about right”. The agenda planning calendar helps to distribute the planned work load over the year. Adjustments are made when the need to review a variance or water related items are scheduled on the council’s agenda. Occasionally a meeting will be canceled, and sometimes a meeting will run long. It is helpful for larger policy updates and projects that staff work with the Board and its committees to review materials prior to important deadlines in order to ensure the Board can perform its duties efficiently. 3. Does the Board effectively accomplish its annual work plan? Yes. We try to focus on the strategy and direction aspects water related issues. We make recommendations on master planning and provide advice and citizen input regarding proposed policies and actions affecting Utilities customers. We report our accomplishments annually. Recognizing the changing nature of water issues and demands on staff, the Board also works to adjust its approach in order to be more efficient in accomplishing its work plan. 4. Are Board meetings conducted in an effective manner? What could be done to improve Board meetings? The Water Board follows the procedural rules adopted and used by City Council. The meeting format allows participation by all members yet provides an environment for varying opinions to be expressed. The Water Board Chair and Vice Chair meet with the staff liaison prior to each meeting to review the agenda and insure the needed supporting materials and presentations are available to the Board prior to the meeting. Adjustments are made when necessary. We are going to structure our agenda to move the committee and staff reports to the beginning of the meeting. The committees can report to the Board on their work related to agenda items prior to the presentation and provide information related to any action items. Allowing staff to report at the beginning of the meeting will allow staff to excuse themselves from further business so as to not unduly impose on their time. It is recommended that annual reports, especially those of some length, be provided to the Board or an appropriate committee with sufficient time to allow comments on a draft, and that the final report subsequently be presented to the full Board. Similarly, larger policy update efforts should utilize Board committees as advisers to guide the final versions. This approach will ensure that important business is given appropriate attention, and not rushed through Board meetings. 2 5. Is the current size of the Board appropriate? Yes. The Water Board has 11 members. The current size of the Board allows for an occasional absence due to member’s schedule conflicts, yet maintain a quorum at meetings. We are also able to populate four committees: Engineering; Legislative, Finance, Liaison; Conservation and Public Education; Water Supply. The size also allows for representation from a variety of backgrounds and viewpoints related to water. 6. Are communications between the Board and Council effective? What could be done to improve these communications? Typically staff advises the Board of topics that the City Council will be reviewing or taking action on. The Water Board chair will author a memo to communicate Board recommendations on high priority matters; in particular, to explain whether there was significant discussion about an issue. The Council liaison has attended meetings and provided direction to the LFL committee. The LFL committee is evaluating its role and opportunities to improve the attendance of Board members at Council sessions that involve agenda items pertaining to water. For example, Staff reports at the beginning of Water Board meetings can draw attention to upcoming council meetings so that Water Board members can discuss attendance. The timing of communication appears to be challenging. Sometimes Water Board's agenda includes items that will in short turn be considered by the City Council. In other cases, Council's agenda regarding water items changes with little notice given to the Water Board. The Water Board wants to provide timely and relevant advice to City Council and will continue to discuss with Staff how coordination can be improved. 7. Other comments: It would be helpful to develop an information packet for new Water Board members to get them up to speed quickly in order to be comfortable making recommendations on the complex issues the Water Board deals with. In particular, issues that span multiple years may require background to understand the context of an issue. Water Board leadership is evaluating how to improve documentation of Board meetings in order to facilitate providing such information. Attachments: City Code description of duties Current Work Plan Current Annual Report Current Bylaws 3 DIVISION 33. WATER BOARD* Sec. 2-436. Creation and purposes. (a) There shall be and is hereby created a Water Board, hereafter referred to in this Division as the "Board." (b) The purposes of the Board shall be to advise the City Council in matters pertaining to water, wastewater and stormwater utility policy issues and to act as a quasi-judicial body relating to certain matters. These matters shall include, without limitation, the following: (1) To advise the City Council regarding water rights planning, acquisition and management; service and development fees; water rental rates; annual budgets; service area and drainage base delineation; master planning; development and design criteria; water conservation; public information and education; drought emergency; regulatory issues; water quality issues; and local, state and federal legislation; (2) To act as a quasi-judicial body relating to floodplain regulation variances, stormwater fee disputes, determining raw water conversion factors and storm drainage design criteria variances; (3) To provide advice and citizen input regarding proposed policies and actions affecting the customers of the water, wastewater and stormwater utilities; and (4) To advise the City Council regarding other water-related policy issues pertaining to environmental and recreational uses of water, regional and state water issues and projects and obligations to Fort Collins citizens outside of the water utility service area. (Ord. No. 158, 1986, § 23, 11-4-86; Ord. No. 117, 1996, §§ 1, 2, 9-17-96; Ord. No. 28, 1998, § 1, 3-17-98) Sec. 2-438. Functions. (a) The Board shall make recommendations to the City Council concerning stormwater facilities in the City. The Board shall recommend to the City Council the appropriate division of the City into separate drainage basins. These basins shall separately fund the stormwater facilities to be installed to serve each basin. The Board shall recommend the facilities needed for each basin to provide adequate stormwater drainage in the basin. Such recommendations shall include the following for each drainage basin: (1) The facilities to be installed; (2) The time and schedule for installation of facilities; 4 (3) The method of assessing costs of facilities to be installed against property in the basin; and (4) The portion of the cost of facilities to be funded by the property in the basin and the portion, if any, of such cost which should be paid by the City as a whole. (b) Before making a recommendation for any stormwater project, the Board shall analyze the project and compare the total benefits to be achieved with the anticipated cost of the project. Projects shall be recommended if the analysis indicates that the total benefits are greater than the cost of the project. (c) The Board shall review and make recommendations to the City Council on a master drainage plan to be developed for stormwater facilities by the City administration. Such recommendations shall include proposed methods of funding any master drainage plan as finally approved. (d) The Board shall consider all variances and appeals from the application of the provisions of the provisions of Chapter 10 of this Code, Flood Prevention and Protection. (e) The Board shall hear the petition of any owner or owners of property in the City who dispute the amount of the stormwater utility fee or stormwater basin fee made against such owner's property or who dispute any determination made by or on behalf of the City pursuant to and by authority of Chapter 26, Article VII of this Code and shall make such revision or modification of such charge or determination as it shall deem appropriate in accordance with § 26-520. (f) The Board shall make recommendations to City Council regarding policy or technical matters related to stormwater management. The Board shall make comments on policy items prepared by other City departments. (g) The Board shall hear the petition of any owner or owners of property in the City who dispute or seek a variance in the City's "Storm Drainage Design Criteria and Construction Standards." (h) Final decisions of the Board under Subsections (d), (e) and (g) shall be subject to the right of appeal to the City Council as set forth in § 2-46 et seq. (i) The Board shall advise the City Council in policy matters pertaining to the water, wastewater and stormwater utilities including, without limitation, those policy issues described in Paragraphs 2-436(b)(1), (3) and (4). (j) The Board shall also perform such other duties and functions and have such other powers as may be provided by ordinance of the City Council. (Ord. No. 158, 1986, § 23, 11-4-86; Ord. No. 118, 1991, 11-5-91; Ord. No. 117, 1996, §§ 1, 2, 9-17-96; Ord. No. 28, 1998, § 1, 3-17-98) 5 1 2012 WATER BOARD ANNUAL WORK PLAN Conservation and Public Education Committee 1. Improve understanding of landscape minimal water requirements to inform conservation GPCD goals and drought reserve 2. Review City Parks & Golf Course current water use and expectations for future park planning, design and maintenance. 3. Review Water Conservation Plan and annual report to improve understanding of area funding and return on investment. 4. Explore implementation and reach of educational programs relating but not limited to  AMI and its anticipated effect on conservation planning and programming  Providing water use and conservation data to public to illustrate context and impacts of water management decisions and conservation  New programs focusing on regional and local water consumption with real time data involving regional and regional comparisons 5. Examine alternative means of delivering and marketing conservation measures, educational programs and methods 6. Review and provide insights to the public as to the cost of providing water and water delivery systems compared to overall utilities costs (administration, fixed cost, finance etc.) 7. Ongoing participation in Water Supply and Demand Management update and implementation as it effects conservation needs and projections. Engineering Committee 1. Review Storm Water Master planning efforts 2. Review Utility CIP planning. Review strategy and direction of issues, summarize highlights and concerns to the water board, and provide feed back and recommendation to staff for water related capital projects both in the planning and in the implementation phase: a) Review timing and urgency of proposed projects regarding implementation. b) Provide feed back to staff on the prioritization of water, waste water, and stormwater projects. c) The condition or needs of our raw water delivery system. Examples are: One is a Michigan Ditch stabilization project; line the existing raw water line from Gateway down to the Water Plant 3. Summarize highlights and concerns to the water board after review of water related issues as needed. Examples are: a) Fluoridation, i.e. seasonal dosing or year round reduction. b) Emerging Contaminants (i.e. pharmaceuticals, mercury). Legislative, Finance and Liaison (LFL) Committee 1. Legislative issues: a) Review council’s legislative agenda and meet with city lobbyist at the beginning of the state session 6 2 b) Request staff to notify LFL committee/board regarding proposed critical federal and state legislation which could impact the city relative to water issues c) Review nutrient regulations for Colorado/other western states, keep updated on new developments; determine if board recommendation is appropriate. d) Track urban water conservation and grey water state legislation; determine if board recommendation is appropriate 2. Financial issues: a) Review and provide recommendations on status of utilities budget in 2012 before the information goes to the full board, make recommendations (if appropriate) to board with regard to mid-cycle adjustments b) Review and provide recommendations on the utility’s debt service and reserve policies c) Review and provide recommendations on city fees for floodplain variances and permits d) Monitor water development projects that may impact finances of the utility (as needed) 3. Liaison issues: a) Monitor Poudre River water quality evaluation activities b) Provide suggestions to improve communications with city council c) Meet with our city council liaison Water Supply Committee 1. Monitor and provide follow-up, as needed, on the Water Supply and Demand Management Policy Update 2. Review proposed water rental rates 3. Monitor protection of raw water quality and supply including but not limited to both environmental impacts (e.g. climate change and wildfire hazards) and regulatory impacts. 4. Monitor progress of Halligan/Seaman, NISP, Flaming Gorge and Windy Gap Firming projects for their impacts (positive or negative) upon Fort Collins water supplies 5. Monitor progress of City’s change of use for its Water Supply & Storage Company shares 6. Review plans and opportunities to develop operational storage via gravel pits 7. Monitor Statewide and regional planning efforts - IBCC roundtables, State plans, Colorado River Basin plans for impacts (positive or negative) upon Fort Collins water supplies 8. Meet with agricultural and irrigation interests to continue investigation for possible recommendations concerning agricultural-City water sharing agreements 9. Make recommendations to Council regarding drought restrictions (if needed) 7 2011 Fort Collins Water Board Annual Report January 2012 2011 Board Members Gina C. Janett, Chair* Johannes Gessler * Phil Phelan Steve Balderson, Vice Chair Brian Brown Duncan Eccleston Reagan Waskom* Becky Goldbach Steve Malers Lori Brunswig Brett Bovee *retiring members Action Items Building Code Green Amendments: the Water Board recommended the proposed building code green amendments pertaining to water for residential and commercial construction be adopted by Council. Oxbow Levee Remnant Parcel Sale: the Water Board voted to recommend Council approve the sale of this parcel to the adjacent property owner. City Utility Rate Philosophy and Purpose Statement: Water Board recommended that City Council consider approval of the proposed Financial Strategy and Rate Design Philosophy, consistent with staff’s recommendation and this Board’s recommended changes (noted below): 1. Adoption of the Water Conservation Plan as a Council-adopted policy. 2. Discussion of “pay as you go” versus debt philosophy. 3. Remove rankings on the prioritization list. 4. Add “natural” to “efficient use of resources”. Instream Flow Recommendation: Water Board recommended to City Council that Council take action to implement Policy ENV 24.5 of the newly adopted Plan Fort Collins by putting resources toward it, designating a lead agency (Natural Resources Department), and to adopt a work plan to implement a feasibility study. Intergovernmental Agreement Between the City of Fort Collins, the City of Longmont and Platte River Power Authority Relating to the Operation of a Joint Customer Information System: the Water Board recommended adoption of the Intergovernmental Agreement between the cities of Fort Collins and Longmont and Platte River Power Authority for the operation of a customer information system required for the maintenance and billing of customer accounts. Appropriation Request for Relocation of Utilities in Mason Corridor: Water Board recommended that City Council approve the proposed appropriation ordinance to fund the relocation of water and wastewater facilities in the BRT/Mason Corridor. 8 2002 Storm Drainage Revenue Bonds: the Water Board recommended that the City Council approve the ordinance appropriating the proceeds from the refunding bonds to pay off the 2002 bonds, and the Storm Water Enterprise Board to approve the issuance of the refunding bonds and amending ordinance 8. 2012 Water/Wastewater Budget Exceptions and Rate and PIF Recommendations; 2012 Stormwater Budget Exceptions and Rate and PIF Recommendations: the Water Board recommended City Council adopt the proposed 6 percent across the board water rate increase and the 8 percent across the board wastewater increase for 2012. The Water Board recommended City Council adopt the proposed changes to the 2012 plant investment fees for water, wastewater, and stormwater. The Water Board recommend City Council approve the Water and Stormwater Funds’ 2012 proposed exceptions to the 2011-2012 Budget. Poudre River Floodplain Regulations: the Water Board recommended the existing floodplain regulations be retained, but that additional consideration to implementing specific life safety and property damage criteria and increased preservation of natural and beneficial functions of the floodplain that would enhance and support the current regulations be incorporated with the process to adopt the new Floodplain Rules and Regulations for the State of Colorado as approved by the Colorado Water Conservation Board (CWCB). Stormwater Criteria Manual: the Water Board recommended Council approval of the proposed Fort Collins Stormwater Criteria Manual as attached to this Board packet and recommends incorporating the proposed Stormwater Criteria Manual update into the City of Fort Collins Land Use Code and the City of Fort Collins Municipal Code, as appropriate. Construction Specifications Update: the Water Board recommended approval and adoption of the Standard Development Specifications for Stormwater, Water, and Wastewater Construction including the process outlined for future updates. Water Supply and Demand Management Policy: the Water Board prepared a letter of support to City Council for the draft policy incorporating comments made during the board meeting with assistance as needed from staff. The Water Board reviewed the letter and voted to endorse the letter of support at the December meeting. Amendment to City Code Section 26-236 Regarding Exemptions to Connect to the City's Public Sewer System: the Water Board recommend approval to the City Council of amendments to Chapter 26-236 of the City Code relating to requirements to connect to the City’s public sewer system. Committee and Proposed Gray Water Legislation: the Water Board recommends to the City Council Legislative Review Committee that they consider supporting the concept of a proposed bill (enabling legislation) that would permit cities to set up standards and guidelines governing the use of graywater in their communities. Recommendations on Legislative Review by the LFL: the Water Board voted to encourage City Council to direct Utilities staff to be more involved in monitoring, tracking, and testifying on state legislation and policy regarding water issues as appropriate. The Water Board also voted 9 to authorize its Legislative, Finance, and Liaison Committee to monitor state legislation and be enabled to send informational memos on bills that the LFL believes should be of concern or interest directly to the Council Legislative Committee. The memos would not suggest a position in support or opposition but would describe the issues and potential impacts to the City. Easements The water board reviewed and approved the following easement requests: Request from Larimer County for an Underground Storm Sewer Pipe on Property Owned by City Utilities Easement Request for the Sanctuary West Development Stormwater Easement - Creekside Park Maxwell Farm Conservation Easement Water Use Agreement Easement on City Property to Public Service Company of Colorado Presentations Army Corps of Engineers Briefing on Halligan-Seaman Reservoir Projects Floodplain Regulations: No Adverse Impact Option Fluoride Regulations Update 2011 Raw Water Rental Rates and Delivery Charges Lower Cache la Poudre and Urban Creek Water Quality Report Upper Poudre Wildfire Watershed Assessment CIPO Project Update 2009 Global Reporting Initiative Report Agricultural Water in Larimer County 2010 QualServe Benchmarking Presentation Utilities for the 21st Century Drinking Water Quality and Annual Consumer Confidence Reports MS4 Stormwater Permit Annual Update Authorizing Conveyance of a Non-Exclusive Utility Watershed Program (Protection of Raw Water Quality and Supply) 10 Nutrient Regulation Changes and associated impacts Smart Grid Technology Update Nutrients and Water Quality Memo Standing Committees Conservation and Public Education Committee Engineering Committee Legislative, Finance, and Liaison Committee Water Supply Committee Report prepared by Steve Balderson, Water Board Vice Chair 11 December 8, 2008 1 BYLAWS OF THE WATER BOARD CITY OF FORT COLLINS, COLORADO ARTICLE I Introduction Section 1. The Water Board (the “Board”) was created by the City Council’s adoption of Ordinance No. 117, 1996, which combined the City’s then existing Water Board and Storm Drainage Board. Section 2. These Bylaws have been adopted by the Board and supercede any bylaws or rules or procedures previously in effect for the Board. Section 3. These Bylaws are intended to assist the Board in carrying out its advisory obligations to the City Council and in carrying out its quasi-judicial responsibility to provide a fair hearing on variances and appeals that come before it. ARTICLE II Object and Functions Section 1. The Board shall perform those functions designated for the Board in City Code Section 2-438. Section 2. The Board shall perform such other functions as are required of it by the City Council. ARTICLE III Membership and Officers Section 1. The Board shall consist of eleven (11) members appointed by City Council in accordance with the applicable City Code provisions. Section 2. The Board shall at a regular meeting in February or March of each calendar year elect from its membership a chairperson and a vice-chairperson, each elected for a term of one year. There shall be no limitation on the number of terms the chairperson or vice-chairperson may serve. Section 3. Election of the chairperson and vice-chairperson shall be by simple majority of the members present. 12 December 8, 2008 2 Section 4. The chairperson shall preside at all regular and special meetings of the Board, including executive sessions, and shall, subject to these Bylaws, decide all points of procedure unless otherwise directed by a majority of the Board members present and voting on the matter. Section 5. The vice-chairperson shall assume the duties and responsibilities of the chairperson in the event the chairperson is absent or for any reason is unable to preside over the meeting. Section 6. In the event that both the chairperson and the vice-chairperson are absent or unable for any reason to preside over a meeting, those members present shall, by a majority vote, select a member to preside over the meeting. Section 7. In the event that the chairperson does not serve out his/her entire term, the vice-chairperson shall serve until a new chairperson is elected or until the chairperson’s term is completed. In the event of the position of the vice-chairperson becoming vacant, a new vice-chairperson shall be elected to serve the remainder of the vice-chairperson’s term. Section 8. The Utilities Executive Director or his or her designee shall serve as the Water Board Staff Liaison, and shall be primarily responsible for coordinating with the Board chairperson and vice-chairperson, as applicable, in connection with planning and preparing for Board meetings. Section 9. A Utilities staff person designated by the Utilities Executive Director shall serve as secretary to the Board. The secretary shall keep or cause to be kept all records of the Board. The secretary shall transmit all appropriate records to the City Clerk in accordance with applicable City Code and policies. The secretary shall prepare or have prepared all correspondence of the Board and the chairperson, shall receive and file all matters referred to the Board, send out and post all notices required by law and these Bylaws or as requested by the Board, prepare or cause to be prepared an agenda for every regular or special meeting of the Board in consultation with the Water Board Staff Liaison and Board chairperson, shall retain the original papers acted upon by the Board, and shall prepare attendance records and minutes of all meetings of the Board. Section 10. Utilities staff shall provide support to the Board at the direction of and as assigned by the Utilities Executive Director. ARTICLE IV Rules of Operation Section 1. The Board shall adopt a set of Bylaws consistent with the Charter and Ordinances of the City of Fort Collins, and the Fort Collins Boards and Commissions Manual, which governing documents together shall govern the operation of the Board. In the event of conflict among said governing documents they shall take precedence in 13 December 8, 2008 3 the order listed above, provided that the Bylaws shall be the least in order of precedence. Section 2. Except as provided in the City Code and Charter, or as otherwise provided in these Bylaws, the latest edition of Robert’s Rules of Order, as far as practical, shall govern the parliamentary procedures of the Board. Section 3. Each member shall be responsible for identifying and taking appropriate action in connection with any conflict of interest that member may have in relation to his or her service on the Board. In accordance with applicable City Code, any member shall refrain from voting on or attempting to influence any decision in which he or she has a financial or personal conflict of interest (as defined in the City Charter and Code), and shall file with the City Clerk’s office a written statement of disclosure (in the form provided by the City Clerk) as soon as the conflict is discovered. Section 4. A quorum shall consist of six (6) members present at a regular or special meeting of the Board. In the event that a quorum is not present at any Board meeting, those members present may adjourn the meeting to a later date and time. Section 5. Attendance at meetings of the Board shall be required, and members shall contact the Board chairperson (or, if the chairperson, shall contact the vice-chairperson) and the secretary of the Board in advance in writing (including by electronic message) of any meeting he or she will not be able to attend. Absences from regularly scheduled meetings may cause automatic termination of a Board members appointment, in accordance with adopted City Council policy. Pursuant to Council-adopted policy, three (3) consecutive absences without advance notification, or four (4) absences in a calendar year without advance notification, will result in automatic termination of a Board member’s appointment. Section 6. The Board may establish such standing or temporary committees as a majority of the Board determines to be appropriate, and the chairperson may appoint Board members volunteering to serve on each such committee no less frequently than annually, and shall appoint a temporary committee chairperson to serve in that capacity until such time as the committee elects a chairperson. The Board chairperson’s appointments hereunder are subject to contrary direction from the members of the Board by majority vote. Each committee shall at its first meeting elect its own chairperson, and shall be responsible for its assignments. Each committee shall report to the Board in writing in advance of or verbally at each regular meeting regarding its activities, information developed and recommendations to the Board. A quorum of any committee shall consist of a majority of those appointed to the committee. The Board may eliminate any committee at any time by majority vote. 14 December 8, 2008 4 ARTICLE V Meetings Section 1. The Board shall meet monthly on a regular schedule adopted by the Board annually, except as otherwise approved by the Board from time-to-time. Section 2. Proposed Option 1 and Option 2 (choose one): Option 1: In the event the chairperson determines in advance of any Board meeting that scheduling conflicts create a need to reschedule the Board meeting to a different date or time, or that there are no substantive items to be considered on the agenda for the Board meeting, the chairperson may cancel the Board meeting by providing notice to all Board members no less than forty-eight (48) hours in advance of the meeting. Option 2: Upon a determination that a quorum will not be available to attend a scheduled Board meeting, the Board secretary and Board chairperson will confer, and upon confirmation of the lack quorum, will notify the Board that the scheduled meeting has been cancelled. In the alternative, if the Board chairperson determines, after conferring with all reasonably available Board members, that there is a substitute date for which such a meeting may be rescheduled in order for a quorum to be available, the chairperson may reschedule the meeting accordingly, by providing notice to all Board members no less than forty-eight (48) hours in advance of the meeting. Section 3. Special meetings of the Board may be called at the discretion of the chairperson, or by the Board secretary upon the request of four (4) Board members. Notice of any such special meeting shall be delivered to each Board member, whether by regular mail, electronic message or personal delivery, or by direct verbal communication no less than forty-eight (48) hours in advance of the time set for such meeting. Public notice of any special meeting shall be provided as required by applicable law and policy. Formal action taken at a special meeting called in accordance with this Section shall be considered as though it were taken at a regular meeting provided, however, formal action may be taken only with respect to those matters referred to in the request for the special meeting. Section 4. The chairperson may from time to time call work session meetings for the purpose of receiving information, hearing presentations and discussing information provided; however, no formal action may be taken at a work session, and the Board may not develop policy positions or otherwise establish a Board position at a work session. Section 5. Any meeting, whether regular or special, of the Board or any committee of the Board, at which any formal action could occur or at which a quorum is in attendance, or is expected to be in attendance, shall be held only after full and timely notice to the public. The term meeting shall mean any gathering of a quorum or three (3) or more members, whichever is fewer, of the Board or any Board committee, at which any public business is discussed or at which any formal action may be taken but 15 December 8, 2008 5 shall not mean any chance meeting or social gathering at which the discussion of public business is not the central purpose. Section 6. The order of business for each meeting shall be the order as it appears in the agenda prepared in advance for said meeting, except that the chairperson may rearrange the order of business unless otherwise directed by a majority vote of the members present at the meeting. Section 7. The secretary shall keep or cause to be kept minutes showing all substantive facts pertaining to each Board meeting and each Board committee meeting, each vote, and such other details as the Board or the chairperson shall direct. Minutes of each meeting shall be approved by the Board or relevant committee at the next regular meeting of that body. Section 8. Executive sessions may be called upon the affirmative vote of two-thirds (2/3) of the quorum present for the stated purpose of discussing personnel matters as described in the City Code, potential conflicts of interest, property acquisition and sales by the City, or meeting with the City Attorney or other attorneys representing the City regarding legal issues. Except for attorney-client privileged discussions, the proceedings of any executive session shall be preserved by audio or video taping. No formal action shall be taken by the Board at such sessions. ARTICLE VI Quasi-Judicial Proceedings Section 1. The Board shall conduct quasi-judicial proceedings in accordance with the applicable notice and fair hearing requirements, and, except as determined to be necessary by the chairperson to accommodate procedural due process in particular circumstances, quasi-judicial proceedings of the Board shall be organized as follows: 1) Confirmation of Board quorum; 2) Opportunity for Board member disclosures and descriptions of site visits, if any; a. Opportunity for each party to provide additional evidence concerning that information (if any disclosed); 3) Opportunity for Board member disclosures and descriptions of ex parte communications, if any; a. Opportunity for each party to provide additional evidence concerning that information (if any disclosed); 4) Staff explanation of the nature of the variance request or appeal and staff presentation; 5) Applicant/appellant presentation(s); 6) Opposing parties-in-interest presentation(s); 7) Opportunity for rebuttal by applicant/appellant; 8) Opportunity for rebuttal by parties-in-interest; 9) Board questions of any participants; 10) Closing statement by City staff; 16 December 8, 2008 6 11) Closing statement(s) by applicant/appellant; 12) Closing statement(s) by parties-in-interest; 13) Board motion, discussion and vote on motion. Section 2: If a Board member has not been in attendance for a quasi-judicial proceeding from the outset, the member must review the record of the proceeding and announce on the record that such review has been completed. Section 3. Board members shall make diligent efforts to avoid ex-parte or off-record communications regarding the merits of any pending or potential quasi-judicial decision of the Board. ARTICLE VII Public Participation Section 1. All meetings of the Board and of any committees of the Board shall be open to the public, and shall at or near the beginning of each meeting afford members of the public an opportunity to speak to any matter coming within the purview of the Board, regardless of whether such matter is scheduled for or has been previously scheduled for consideration at that particular meeting. Time limitations may be imposed by the chairperson on such public input as necessary to allow for the conduct of the business of the Board and agenda for the meeting in a timely and efficient manner. Section 2. The Board shall have the power to cause persons to be removed from a Board meeting or a Board committee meeting if any person fails to comply with the requirements of the chairperson in maintaining order during the meeting. ARTICLE VIII Work Plans and Annual Reviews Section 1. The Board shall adopt an annual statement of goals and objectives in a Work Plan and evaluate its accomplishments of the previous year in an Annual Review report. These shall be filed with the City Clerk following the criteria and dates set forth in the Board and Commissions Manual. Section 2. The Board shall also provide an annual report of the Board’s activities corresponding to the Board’s work plan for the prior year, no later than January 31st of each year, and shall provide other reports at such times as requested by Council or when deemed advisable by the Board. ARTICLE IX Changes and Amendments Section 1. These Bylaws may be amended by affirmative vote of two-thirds (2/3) of the Board members and may be subject to approval by the City Council. 17 December 8, 2008 7 Section 2. Proposed amendments shall be presented for consideration at a regular Board meeting, and adopted at the next meeting. Section 3. Immediately after adoption, copies of these Bylaws shall be distributed according to the City’s requirement as outlined in the Responsibilities part of the Boards and Commissions Manual, including being filed with the City Clerk as part of the Board’s permanent record. APPROVED BY THE WATER BOARD this 8th day of December, 2008. ___________________ Doug Yadon, Chairperson ATTEST: _________________________ Robin Pierce, Secretary 18 RETURN COMPLETED QUESTIONNAIRE TO CITY CLERK BY: FRIDAY, JULY 13, 2012 BOARDS AND COMMISSIONS PERIODIC REVIEW QUESTIONNAIRE DATE PREPARED: 5/25/2012 BOARD/COMMISSION NAME: Youth Advisory Board (YAB) LIST OF MEMBERS: Pranaya Sathe (Chair), Kelsey Hennig (Vice Chair), Siyu Wu (Secretary), Langston Stuckey, Patrice Quadrel, Natalie Pederson, Sarah Pruznick, Nathan Welch. 1. Are the current duties of the board, as defined by City Code, realistic? If not, what duties would you suggest be added and/or deleted? We are charged with “Gathering information from local youth, other groups, organizations and agencies regarding youth-oriented issues and making recommendations to City Council in reference to these issues.” We feel that our duties as a board are realistic; however, we do not feel that we have a voice or that council is interested in hearing our concerns. Generally, we discuss concerns related to youth and then develop a plan to address them as a board (like creating an event or survey) instead of taking these concerns to Council. We would like more direction from Council and/or would like to be asked for youth feedback on current City issues. 2. Is the board’s workload (annual work plan) too much; too little; about right? Explain. YAB’s workload is just about right. As we only meet during the school year, we voted in September 2011 to move to two meetings a month instead of one in order to accomplish more in our limited amount of meetings. We were able to participate in the Make it Stop Anti Bullying Summit this year co-hosted by Human Relations Commission, Women’s Commission, and the Commission on Disability. This was a successful event that would not have had strong YAB participation without bi-monthly meetings. We were proud of the event, and already have ideas for next year. 3. Does the board effectively accomplish its annual work plan? We do effectively accomplish our work plan, but it would be easier if we could submit a work plan for each school year instead of each calendar year. We feel that writing a work plan for the school year would be much more effective and realistic than working off of a plan that has a three month gap in between. ATTACHMENT 4 1 RETURN COMPLETED QUESTIONNAIRE TO CITY CLERK BY: FRIDAY JULY 13, 2012 4. Are board meetings conducted in an effective manner? What could be done to improve board meetings? Board meetings are productive and creative. Moving to two meetings a month has made a difference in the amount of work we can accomplish. Meetings could be improved by occasional Council liaison visits and City staff sharing plans/information and requesting youth feedback. 5. Is the current size of the board appropriate? The current size of YAB is appropriate and is ample enough to complete the work plan. 6. Are communications between the board and Council effective? What could be done to improve these communications? We feel that there is no communication between the board and Council. They have not been asked for their input on any topic for the past two school years and the Council liaison has not visited in two years. We would like to be given assignments from Council and would like to be more active in reporting a collective youth opinion back to Council on topics we are asked to advise on. 7. Other comments: We would like to request that new members be assigned in September instead of January. Since we meet September-May, it is difficult to stick to a work plan when current members leave in December and new members join in January. Attachments: City Code description of duties Current Work Plan Current Annual Report Current Bylaws 2 YOUTH ADVISORY BOARD Sec. 2-446. Functions. The Board shall have the following functions: (1) To gather information from, and otherwise communicate with, other groups, organizations and agencies regarding youth-oriented issues and problems. (2) To document and discuss issues of importance to youth in the Fort Collins community, specifically as they affect City-operated services. (3) To review and discuss legislation that may affect youth. (4) To recommend to City Council local legislation and policy actions or changes which would enhance the status of youth in the Fort Collins community. (Ord. No. 58, 1994, 4-19-94) 3 City of Fort Collins Youth Advisory Board 2011 -2012 Work Plan All regular Youth Advisory Board meetings are scheduled for the first and third Wednesday of each month at 6:30 p.m. at Northside Aztlan Community Center, 112 E. Willow St. 2012 Meeting Schedule January 4, 18 February 1, 15 March 7, 21 April 4, 18 May 2, 23 June-August – No meetings September 5, 19 October 3, 17 November 7 December 5, 19 Fall 2011 Accomplishments •Promoted Zombie Prom in tandem with Turning Point. •Co-hosted the Make it Stop Anti-bullying Summit with Human Relations Commission & Commission on Disabilities - Approximately 100 people attended including State Representative Randy Fischer and two members of PSD School Board. •Met with and provided feedback to Larimer County’s ‘Plug Into Nature’ initiative supported by Great Outdoors Colorado. 2012 Work Plan •Promote Recreation teen ski trips to Fort Collins Students - Ski trips will be on Saturday, 12/17, 1/21, 2/25 and Friday, 1/6 •Host Indoor Beach Party for Middle School Students before Spring Break - Will plan, promote and execute event. - Will create a middle school student sub-committee to advise on the event. • Will host a “Freak Out” follow-up event to the Anti-bullying summit. - Most likely held in March. - YAB will plan and execute this event. 4 City of Fort Collins Youth Advisory Board 2011 Annual Report The Youth Advisory Board was created by City Council resolution on April 19, 1994. The purpose of the Youth Advisory Board is to gather information; to communicate with organizations and agencies regarding youth-oriented issues and problems; to document and discuss issues of importance to youth in the Fort Collins community, specifically as they relate to City-operated services; to review and discuss legislation that may affect youth; and to recommend to City Council local legislation and policy actions or changes which would enhance the status of youth in the Fort Collins community. In the Fall of 2011, the Youth Advisory Board voted to move to two meetings a month, since they do not meet over the summer. The goal in meeting more often was to be able to plan some youth centered events and carry them out in the course of nine months. Overall, 12 meetings were held in 2011. At the first of the year, Kai Stuckey was serving as Board Chair, Megan Ryssman as Vice Chair and Danika Ward as Secretary. In May four Youth Advisory Board members graduated from high school and resigned from the board. These members included; Kai Stuckey, Megan Ryssman, Danika Ward, Amanda Maciel, Paige Radtke. Board member, Michael Mahon’s family moved out of Fort Collins and he resigned as well. No Youth Advisory Board meetings were held in June, July or August. New officers were elected in September. Pranaya Sathe was named Chair, Kelsey Hennig, Vice Chair and Siyu Wu as Secretary. At year’s end the Youth Advisory Board was comprised of the afore mentioned officers plus, Langston Stuckey, Natalie Pederson, Nathan Welch and Rylee Johnston. Megan Greer is serving as the staff liaison. Since 2009, Aislinn Kottwitz has been the Youth Advisory Board’s City Council representative. 2011 Youth Advisory Board Accomplishments • YAB wrote and conducted a survey for middle school and high school students. 60 surveys were conducted in each middle school and high school in Fort Collins. The survey questions that were asked to middle school students were: 1. Have you experienced bullying at your school? 2. If you answered yes to question #1, what type of bullying have you seen? Internet bullying, sexual harassment, physical abuse, etc. 3. Do you think there is enough for middle school students to do in Fort Collins. 4. Would you like to see a program that would help you feel more prepared for high school? The results:  Over 50% have experienced or seen bullying. Cyber was the most common followed by verbal.  Create a mentorship program  Educate on why bullying is not ok  Have a place to turn in bullying complaints  Most kids think there is enough to do in Fort Collins; it is just a matter of knowing where to look. 5  Create an events calendar  Work with entertainment companies to promote events for middle school  Most kids would like an optional high school prep class  “A day in the life” have high school teachers come talk to students  Pre AP classes  Maybe high school students could come talk after school since they have recently made the transition Questions that were asked to high school students were: 1. Do you feel like you have the financial skills to be successful in the real world? 2. Would a finance class be helpful to prepare you for post-high school life? 3. Do you feel that there are enough youth oriented activities in the community. 4. If you answered YES to question #3, what types of activities do you enjoy participating in? If you answered NO, what type of activities or programs would you like to see offered. The results:  All 4 High Schools in Fort Collins participated in the survey.  Only half of the students surveyed feel ready for the real world  College prep class would be helpful  Include more shadowing experience to find what they really want to do  Finance class would be helpful  How to budget  Youth activates are not openly known  Events calendar needed  Publish a club directory- info, contact info  More club sports for fun  Ski/ concert/ hiking bus  Races specifically for youth  Clubs unrelated to sports The Youth Advisory Board put the results into a presentation and hosted a meeting for community members to share their findings in May. Youth Advisory Board also: • Volunteered at the Kites In The Park Kite Festival. • Promoted Zombie Prom in tandem with Turning Point. • Co-hosted the Make it Stop Anti-bullying Summit with Human Relations Commission & Commission on Disabilities Approximately 100 people attended including State Representative Randy Fischer and two members of PSD School Board. • Met with and provided feedback to Larimer County’s ‘Plug Into Nature’ initiative supported by Great Outdoors Colorado. 6 The Youth Advisory Board has no bylaws 7 PERIODIC REVIEW PROCESS ! A periodic review will be conducted for all boards except the Downtown Development Authority, Housing Authority, and Liquor Licensing Authority. ! The initial review dates will be staggered. Thereafter, review will occur every 6 years. ! The reviews will be conducted at an annual study session (4-5 boards per year). Study session materials should include self-assessment completed by each board. The study session will conclude either with (a) a statement that the board should continue without alteration, or (b) direction to staff to prepare legislation making any Council-requested changes (number of members, duties, etc.). Review and formal action, if any, should be completed at least one (1) month prior to beginning the annual recruitment process. ! Self-assessment by each board should consist of the following questions: - Are the current duties of the board, as defined by City Code, realistic? If not, what duties would you suggest be added and/or deleted? - Is the board’s workload (annual work plan) too much; too little; about right? Explain. - Does the board effectively accomplish its annual work plan? - Are board meetings conducted in an effective manner? What could be done to improve board meetings? - Is the current size of the board appropriate? - Are communications between the board and Council effective? What could be done to improve these communications? - Required attachments: City Code description of duties, recent work plan, annual report, bylaws ! Council review would consist of the following questions: - What does the board do? (Current functions) - Does the City need a board that does this? - If so, should any of the duties of the board be changed? - Can any of the duties of this board be consolidated with another board? - Is the size of the board appropriate? - Is the work done by the board beneficial and useful to the Council? ! Possible outcomes of review include: - Continuation of the board without alteration of duties or composition. - Continuation of the board with amendment to duties and/or composition. - Elimination of the board and its duties. - Elimination of the board and transfer of some or all duties to other existing board(s). ATTACHMENT 5 1 INITIAL REVIEW SCHEDULE BOARD TYPE 2001 2002 2003 2004 2005 2006 Affordable Housing Board A / Air Quality Advisory Board A / Art in Public Places Board A / Building Review Board D / Citizen Review Board AA / Commission on Disability A / Commission on the Status of Women A / CDBG Commission A / Cultural Resources Board A / Election Board D / Electric Board A / Golf Board A / Human Relations Commission A / Landmark Preservation Commission D / Library Board A / Natural Resources Advisory Board A / Parks and Recreation Board A / Planning and Zoning Board D / Retirement Committee D / Senior Advisory Board A / Telecommunications Board A / Transportation Board A / Water Board D / Youth Advisory Board A / Zoning Board of Appeals D / A = Advisory AA = Advisory to Administration D = Decision-making 2 THE ROLE OF COUNCIL LIAISONS TO BOARDS AND COMMISSIONS Every two years, following the election of Councilmembers, the Council selects its liaisons to the boards and commissions. Council has defined the role of Council liaisons as follows: 1. To communicate with the board or commission when Council communication is needed and to serve as the primary two-way communications channel between Council and the board or commission. 2. To take the lead in filling vacancies, reviewing applications, and interviewing candidates for the board or commission. 3. To serve as the primary informal Council contact for the board or commission. 4. To help resolve questions the board or commission may have about the role of Council, municipal government, and the board or commission. 5. To establish formal or informal contact with the chairperson of the board or commission and effectively communicate the role of the liaison. 6. To provide procedural direction and relay Council's position to the board or commission, and to communicate to the board or commission that the liaison's role is not to direct the board in its activities or work. 7. To serve as Council contact rather than an advocate for or ex-officio member of the board or commission. 8. To review the annual work plan of the board or commission and make recommendations to the City Council regarding the work plan. 9. To identify and help resolve any problems that may exist with respect to the functioning of the board or commission. 10. To facilitate the training of new board and commission members by providing suggestions and relevant information to the City staff members responsible for providing such training. Council liaisons do not normally attend monthly meetings of the boards and commissions. Liaisons are informed of boards and commissions activities through agendas and minutes, work plans, and annual reports. Liaisons may attend a meeting due to an interest in a specific agenda topic, or may “pop in” just to observe. Attendance by a Council liaison should not affect the normal structure of a board meeting. Attention should not be focused on the Council liaison and his or her input. If Council liaison participation is critical to a particular item, a direct invitation should be made to the Council liaison, explaining why participation is deemed to be critical. If appropriate, discuss with the liaison prior to the meeting what expectations are and whether the liaison can meet those expectations. Revised: June 6, 2000 ATTACHMENT 6 DATE: June 12, 2012 STAFF: Diane Jones, Rita Harris, Steve Roy Pre-taped staff presentation: none WORK SESSION ITEM FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Potential Ballot Questions for a November 2012 Special Election and/or April 2013 Regular Election. EXECUTIVE SUMMARY Councilmembers expressed an interest in discussing election-related ballot questions to be placed before the electorate at a special election to be held in conjunction with the November Presidential Election or at the City’s April 2013 Regular Election. One possible City Code amendment was also mentioned. Topics identified for discussion include: • Councilmember/Mayoral Term Limits (Charter amendment) • Council District Configuration/At-large Representation (Charter Amendment) • Campaign Contribution Limits (City Code Amendment) In addition to the topics identified by Council, staff has also compiled a list of several “housekeeping” Charter amendments for Council consideration. Those suggested amendments are described in more detail below. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED 1. What Charter amendments, if any, would Council like staff to bring back for placement on the ballot for a special election to be held in conjunction with the November Presidential Election? 2. What Charter amendments, if any, would Council like to see on the April 2013 Regular Municipal Election ballot? 3. Is Council interested in considering an ordinance amending campaign contribution limits? BACKGROUND / DISCUSSION Councilmember/Mayoral Term Limits (Charter Amendment) At the general election on November 8, 1994, Colorado voters approved an amendment to the Colorado Constitution establishing term limits for municipal elected officials. Referred to as Amendment 17, the citizen-initiated constitutional amendment placed statewide term limits on every June 12, 2012 Page 2 state and local elected official in Colorado. The provisions of Amendment 17 generally limit elected officials to no more than two consecutive terms in office, except that with respect to terms of office which are two years or shorter in duration, elected officials are limited to no more than three consecutive terms in office. Application of Amendment 17 in Fort Collins currently limits Councilmembers to two consecutive four-year terms, and the Mayor to three consecutive two-year terms. Amendment 17 also permits the voters of any such political subdivision to lengthen, shorten or eliminate the limitations on terms of office imposed by the Amendment. Prior to enactment of Amendment 17, Fort Collins did not have term limits for elected officials. Since enactment of Amendment 17, Fort Collins voters have not considered a term limits question. It is important to note that the modification of the constitutionally imposed term limits does not necessarily require amending the Charter, since the Charter does not currently speak to the number of consecutive terms that the Mayor or other Councilmembers may serve. However, staff believes that, if the City Council wishes to modify the term limits, it would be advisable to present the issue to the voters as a proposed Charter amendment so that the number of terms, if modified, would be specified in the Charter. Since 1995, 190 municipal ballot questions relating to term limits (in varying forms) have been submitted to voters throughout Colorado. Of those, 110 (57.9%) have been approved by the voters. Council District Configuration/At-large Representation (Charter Amendment) In February 1972, voters approved an amendment to the Charter increasing the number of council members from five to seven, and providing for the nomination and election of three such members from the city at large, and the nomination and election of the other four members from districts to be established by ordinance, with all members to be elected by the City at large. In March 1987, the Charter was further amended by the voters to require four members of the City Council to be nominated and elected by districts of the City beginning in 1989 and the remaining three members of the City Council to be nominated and elected by the City at-large. The Charter was again amended in November 1990 to provide for the at-large election of the Mayor by city voters; and to provide for the nomination and election of six Councilmembers by district. Municipality # of Members (includes Mayor) How Mayor Elected/ Selected How Council Elected Council Term Length and Limits Aurora 11 At large; 4 yr term 6 by dist; 4 at large 4 yr terms; 3 term limit Boulder 9 Selected by Council for a 2 yr term 9 at large 4 yr terms (8 members) 2 yr term (1 member) Colorado Springs 9 At large; 4 yr term 4 by dist; 5 at large 4 yr terms; 2 term limit Commerce City 9 At large; 4 yr term 4 by dist; 4 at large 4 yr terms; 2 term limit Greeley 7 At large; 2 yr term 4 by dist; 2 at large 4 yr terms; 2 term limit for Councilmembers; 4 term limit for Mayor June 12, 2012 Page 3 Municipality # of Members (includes Mayor) How Mayor Elected/ Selected How Council Elected Council Term Length and Limits Longmont 7 At large; 2 yr term 3 by dist; 3 at large 4 yr terms; 2 term limit for Councilmembers; 3 term limit for Mayor Loveland 9 At large; 2 yr term 8 by dist (2 per dist) 4 yr terms; no term limits Pueblo 7 No Mayor - “President” elected by the Council 4 by dist; 3 at large 4 yr terms; 2 term limit Thornton 9 At large; 4 yr term 8 by dist (2 per dist) 4 yr terms; 2 term limit Campaign Contribution Limits (City Code Amendment) Section 7-135(a) of the City Code currently prohibits a person from making a contribution or contribution in kind totaling more than $100 to a candidate for the office of Mayor, and $75 to a candidate for the office of Councilmember. These limits have been in place since October 2000. The following municipalities responded to a listserve request for information on campaign contribution limits: Municipality Contribution Limits Aurora No contribution limits Boulder $100 limit Colorado Springs No contribution limits Commerce City No contribution limits Greeley $500 for Councilmember candidates $750 for Mayor candidates (when established, limits were equal to one month’s compensation for each office) Longmont $200 limit (natural persons) $500 limit (persons other than natural persons*) Loveland $100 limit Pueblo No contribution limits Thornton No contribution limits * “Persons other than natural persons” means partnerships, committees, associations, corporations, labor organizations, or other organizations or group of persons. Any change to the campaign contribution limits will require an ordinance to amend the City Code. June 12, 2012 Page 4 Staff-proposed Charter Amendments During the past few years, staff has encountered situations that have highlighted the need for some clarification or changes in various other Charter provisions. The desired changes identified include: 1. Amending Article X, Section 1(d) to change the deadline for submitting citizen initiatives to 90 days prior to election (rather than 60) to allow enough time to meet TABOR deadlines. (If a petition filed 60 days before a regular City election is insufficient, either after initial examination or following a protest hearing, the deadline for filing an amended petition could occur after the deadline to submit pro and con statements relating to a TABOR issue, which is 45 days prior to the election.) [Art X, Sec 1(d)] 2. Changing the provision relating to petition signatures to allow the first signature of someone who signed twice to be counted, rather than disqualifying both signatures. [Art X, Sec 5(b)(3)] 3. Stating that the City Clerk would not return petitions to those filing petitions after reviewing a petition for sufficiency. (Petitions are, and should be, retained as records.) [Art X, Sec 5(f)(2)] 4. Clarifying that registered electors may protest either a determination of sufficiency or a determination of insufficiency of a petition. [Art X, Sec 5(f)(3)] 5. Authorizing the City Manager to appoint a hearing officer in the event of a protest relating to the sufficiency or insufficiency of a petition . Currently it is the City Clerk who reviews his or her own decision. [Art X, Sec 5(f)(3)] Although the Charter amendments listed above are important clarifications to make, staff believes they can all wait until City’s election in April 2013. Placing any of these Charter amendments on the November ballot could substantially increase the City’s share of the cost of the November election (see Cost to Participate in November 2012 Election below). TIMELINE FOR NOVEMBER 2012 ELECTION: Should the Council decide to submit Charter amendments to the voters in November 2012, the following deadlines should be considered: DAYS BEFORE/AFTER ELECTION DATE ACTION 120 days before November election 07/09/12 Earliest to publish notice of Charter amendments (mtg of 08/07/12 cancelled) 07/17/12 First Reading of Ordinance Calling November Special Election and Authorizing IGA with County 07/17/12 Deadline for First Reading of Ordinance(s) submitting Charter amendment(s) to November ballot 100 days before November Election 07/27/12 Deadline to notify County Clerk of intent to participate in Coordinated Election June 12, 2012 Page 5 DAYS BEFORE/AFTER ELECTION DATE ACTION 08/21/12 Second Reading of Ordinance Calling November Special Election and Authorizing IGA with County 08/21/12 Deadline for Second Reading of Ordinance(s) submitting Charter amendment(s) to November ballot 70 days before November Election 08/28/12 Deadline to sign IGA with Larimer County for conduct of November special election No later than 60 days before November Election 09/07/12 Deadline to certify ballot content to County Clerk At least 30 days before November Election 10/07/12 (publish on 09/30/12) Deadline to publish notice of Charter amendments COST TO PARTICIPATE IN NOVEMBER 2012 ELECTION: It is difficult to estimate what it would cost to participate in the November 2012 election. State law requires participating entities to pay a proportionate share of the cost of the entire election. That share is based on the number of registered voters in Fort Collins and the actual cost per registered voter. The formula does not take into account the amount of real estate used on the ballot; however, should the number of total ballot questions submitted by all participating entities require the County to us a two-page ballot (two physical sheets of paper), the total cost of the election is estimated to increase $400,000 to $500,000, of which the City will pay a proportionate share. When the City placed a tax increase measure on the November 2010 ballot, it cost Fort Collins approximately $146,000. In comparison, the November 2011 citizen-initiated question to ban medical marijuana businesses cost approximately $16,000. The November 2010 election was a vote center election; 2011 was a mail ballot election. The use of vote centers generates costs not normally seen in a mail ballot election: building rental, connectivity costs such as T-1 lines, vehicle costs, additional temporary workers and election judges, and movers. By law, mail ballot elections can only be used “in a primary election or an election that involves only nonpartisan candidates or ballot questions or ballot issues”. Larimer County is not prepared to estimate costs this early. Staff anticipates the City’s cost to participate in the November 2012 election will be somewhere in the $100,000-120,000 range. A citizen group is currently in the process of circulating petitions for placement of a medical marijuana question on the November ballot. If that petition effort is successful, the City will be participating in the November election and incurring an estimate $100,000+ in costs. It should not add a significant amount to the cost of the election if the City places one or two additional questions on the ballot, UNLESS doing so would require the County to use a two-page ballot. Since the June 12, 2012 Page 6 deadline for any participating entity to certify ballot language to the County is September 7, it is too early to determine the probability of a two-page ballot. ATTACHMENTS 1. Draft Charter language amendments 2. Municipal term limit elections/outcomes 3. Colorado Constitution - Article XVIII, Section 11. Elected government officials - limitation on terms DRAFT ARTICLE II. CITY COUNCIL Section 1. Membership; terms; term limits. (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) Council district boundaries. The city shall be divided into six (6) contiguous, reasonably compact districts, each of which shall consist of contiguous, undivided general election precincts and, to the extent reasonably possible, an equal number of inhabitants. The districts shall be numbered consecutively in a clockwise fashion beginning with the northeast district, which shall be District 1. The Council shall establish by ordinance the process for adjusting district boundaries and giving notice of any proposed boundary changes, and the manner of protesting such proposed changes. (d) 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) four (4) 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. (e) Term limits. Neither the Mayor nor any member of the Council shall serve more than three (3) consecutive four-year terms of office in their respective offices. Terms of office shall be considered consecutive unless they are at least four (4) years apart. For purposes of this section, the office of Mayor and the office of Councilmember shall be considered different offices. ATTACHMENT 1 DRAFT ARTICLE X. INITIATIVE AND REFERENDUM Section 1. The initiative. (a) Power. The registered electors of the city shall have the power at their option to propose ordinances or resolutions to the Council, and, if the Council fails to adopt a measure so proposed, to adopt or reject such ordinance or resolution at the polls. The procedure for initiative shall be as provided in this Article. (b) Commencement of proceedings; notice. One (1) or more registered electors may commence initiative proceedings by filing with the City Clerk a written notice of intent to circulate an initiative petition. The notice commencing proceedings shall contain the full text of the proposed ordinance or resolution and shall state whether a special election is requested. After such notice has been filed, the City Clerk shall approve the petition for circulation in accordance with Section 5(b) of this Article. The petition shall be circulated, signed, verified, and filed in the manner prescribed in Section 5 of this Article. (c) Number of signatures required. The petition must be signed by registered electors of the city equal in number to at least ten (10) percent of the total ballots cast in the last regular city election, except when a special election is requested by the petitioners, the petition must be signed by registered electors equal in number to at least fifteen (15) percent of the total ballots cast in the last regular city election. (d) Petition deadlines. The initiative petition shall be filed no more than sixty (60) days after the City Clerk's approval of the form for circulation. Unless a special election is requested, the petition must also be filed at least sixty (60) ninety (90) days prior to the next regular city election. If the petition requests a special election in conjunction with a Larimer County Coordinated or General Election, the City Clerk shall establish a submittal deadline for the petition that will enable the measure to be considered at such election, which deadline shall be consistent with all pertinent provisions of the Colorado Revised Statutes governing the conduct of such elections, and, if applicable, with Article X, Section 20 of the Colorado Constitution, and shall advise the petition representatives in writing as to the submittal deadline. (e) Action by Council. Upon presentation of an initiative petition certified as sufficient by the City Clerk, the Council shall either (1) adopt the proposed ordinance or resolution without alteration within thirty (30) days, or (2) submit such proposed measure, in the form petitioned for, to the registered electors of the city; provided, however, that if the proposed measure requires voter approval in advance under Article X, Section 20 of the Colorado Constitution, alternative (1) above shall not be available to the Council and the proposed measure shall instead be submitted to a vote of the registered electors. If the initiative petition proposing such a measure requests a special election, the proposed measure shall be submitted to a vote of the registered electors on the first possible date permitted by Article X, Section 20 of the Colorado Constitution. If a special election is not requested, the proposed measure shall be submitted to a vote of the registered electors at the next regular city election. In the case of a proposed measure that does not require voter approval in DRAFT advance under Article X, Section 20 of the Colorado Constitution, the proposed measure, if not adopted by the Council under alternative (1) above, shall be submitted to a vote of the registered electors at the next regular city election or, if the initiative petition proposing such measure requests a special election, the proposed measure shall be submitted to a vote of the registered electors at a special election to be called by the Council within one hundred twenty (120) days of the presentation of the certified petition to the Council, unless any other regular or special city election is to occur within said period, in which case the proposed measure shall be submitted at such other regular or special city election. All ordinances submitted to the Council by initiative petition and adopted by Council without the vote of the electors shall be subject to the referendum in the same manner as other ordinances. Section 2. The referendum. (a) Power. The registered electors of the city shall have the power at their option to approve or reject at the polls, any ordinance adopted by the Council, except ordinances making the annual property tax levy, making the annual appropriation, calling a special election, or ordering improvements initiated by petition and to be paid for by special assessments. (b) Commencement of proceedings. One (1) or more registered electors may commence referendum proceedings by filing with the City Clerk within ten (10) days after final passage of the ordinance in question, a notice of protest against the going into effect of the ordinance. The notice shall be brief and need not state any reasons, but shall identify the ordinance or part thereof, or code section it proposes to have repealed. Not later than ten (10) days after the filing of the notice, the proponents shall present to the City Clerk the final form for the referendum petition conforming to the requirements of the Article. If the notice and petition form are timely presented, the City Clerk shall approve the petition form for circulation, in accordance with Section 5(b) of this Article. The petition shall be circulated, signed, verified, and filed in the manner prescribed by Section 5 of this Article. (c) Number of signatures required. The petition must be signed by registered electors of the city equal in number to at least ten (10) percent of the total ballots cast in the last regular city election. (d) Petition deadlines. The referendum petition shall be filed within twenty (20) days after the City Clerk's approval of the petition for circulation. If a completed petition is not subsequently filed within the requisite time after the City Clerk's approval of the petition for circulation, the referendum effort is null and void and the petition shall not be circulated further. (e) Action by Council. The presentation to Council of a petition certified by the City Clerk as sufficient for referendum shall automatically suspend the operation of the ordinance in question pending repeal by Council or final determination by the electors. The Council shall reconsider the ordinance at the next regular or special meeting of the Council following the receipt of the petition by the City Clerk. If the ordinance, or that part sought to be repealed, is not repealed, the Council shall refer the same to a vote of the registered electors at the next regular or special city election -2- DRAFT scheduled for any other purpose. Alternatively, the Council may call a special election for that specific purpose. Section 3. Council use of initiative and referendum. The Council may submit any question or proposed ordinance or resolution, or refer any adopted ordinance or resolution, to the vote of the people at a regular or special election in the same manner and with the same force and effect as is provided for citizen initiated and referred measures. Section 4. Repeal or amendment of initiated measure. 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. This provision shall not apply to ordinances or resolutions adopted by the City Council and referred to the voters. Section 5. Petitions. (a) Separate petitions required. A separate petition shall be circulated and filed for each measure sought to be initiated or referred to the vote of the electors. (b) Form and content. (1) Approval of form for circulation. No petition shall be circulated until the City Clerk has approved the form for circulation. The City Clerk shall first determine that the petition form contains only the matters required by this Article. The Council shall prescribe by ordinance, upon recommendation of the City Clerk, a general form of petition which shall contain warnings and notices to signers as necessary. The City Clerk's approval under this Section shall not constitute an approval of the content of the petition, but rather, shall start the running of the time periods provided for circulation and filing of petitions. (2) Petition content. The petition shall be addressed to Council. a. Initiative. The petition shall contain or have attached to each section throughout its circulation the full text of the proposed ordinance or resolution and shall contain a general statement of purpose fairly and accurately summarizing the proposed ordinance or resolution, indicating that the petition is to be circulated in support of the initiated ordinance or resolution and specifying whether a special election is requested. b. Referendum. The petition shall contain or have attached to each section throughout its circulation the full text of the ordinance sought to be referred, clearly identifying the protested portions if only a partial repeal is sought. In the case of bond ordinances, the full text of the ordinance need not be set forth but the petition shall contain or have attached to each section -3- DRAFT throughout its circulation the title and summary of the ordinance in question as prepared by the City Clerk. (3) Signatures. Only registered electors may sign the petitions authorized under this Article. Each signer must sign his or her own signature and each signature shall be followed by the printed name of the signer, the street and number address of his or her residence, and the date of signing. No person shall knowingly sign an initiative or referendum petition more than once. In the event that the signature of any person appears more than once on a petition authorized under this Article, all such signatures only the first such signature that is validated shall be counted, and all subsequent signatures shall be invalidated shall be subject to invalidation by the City Clerk. (c) Circulation of petition. 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 persons 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 of circulator. 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 eighteen (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. (e) Time limits; petition representatives. Petitions for initiative and referendum shall be filed with the City Clerk within the requisite time limits or they will be deemed null and void. Each petition shall designate by name and address not less than three (3) nor more than five (5) registered electors who shall represent the signers of the petition in all matters affecting the petition. (f) Sufficiency of petition. -4- DRAFT (1) Examination. Within five (5) working days of the filing of a petition the City Clerk shall ascertain by examination of the petition and the registration books whether the petition is signed by the requisite number of registered electors and contains the required particulars and affidavits. If the petition is insufficient, the City Clerk shall so certify and forthwith notify all of the designated petition representatives in writing, specifying the particulars of insufficiency. (2) Insufficient petition; amendment. In case an initiative petition is deemed insufficient, whether following the initial determination by the City Clerk, or following protest proceedings, it may be withdrawn and amended by the filing of additional sections of the petition within fifteen (15) days from the filing of the Clerk's certificate of insufficiency. A referendum petition may also be withdrawn and amended by the filing of additional sections of the petition but, in order for such amended petition to be considered, it must be refiled within the twenty-day period after the City Clerk's approval of the petition form for circulation. Within five (5) days after such amendment, the City Clerk shall make like examination of the amended petition and certify the result. If the amended petition is still insufficient, or if no amendment was made before the expiration of the time permitted for amendment, the City Clerk shall return the petition to one (1) of the designated petition representatives. In the case of an initiative petition, the return of the petition is without prejudice to the a finding by the City Clerk that the petition is insufficient shall not prevent the filing of a new petition for the same purpose. However, a returned referendum petition found to be insufficient shall be is null and void and a new petition may not thereafter be filed for referendum of the same ordinance. (3) Protests. Registered electors desiring to protest the sufficiency of a determination that a petition is sufficient may file a written protest, under oath, in the office of the City Clerk within ten (10) days of the filing of the petition. Registered electors desiring to protest a determination that a petition is insufficient may file a written protest, under oath, in the office of the City Clerk within ten (10) days of the date the City Clerk makes such determination of insufficiency. Either type of The protest shall set forth with particularity the grounds of protest and the names and defects in form protested. Upon the filing of a protest, the City Clerk Manager shall appoint a hearing officer who shall set a time for hearing such protest, which shall be no more than seven (7) days thereafter. At least five (5) days prior to the hearing, the City Clerk hearing officer shall mail a copy of the protest to all of the designated petition representatives together with a notice of the time for hearing. All hearings shall be before the City Clerk hearing officer who shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents. All records and hearings shall be public, and all testimony shall be under oath. The hearing shall be summary in nature and concluded within thirty (30) days after the petition was filed. The City Clerk hearing officer shall decide and certify the results of the hearing within ten (10) days after the hearing is concluded. A petition for referendum which has been deemed insufficient after protest may not be amended or circulated further. (4) Certification and presentation to Council. When and if a petition or amended petition is deemed sufficient, whether following the sufficiency determination by the City Clerk in the absence of a protest, or following protest proceedings, the City Clerk shall so certify and present the certified -5- DRAFT petition to the Council at the next regularly scheduled meeting. The City Clerk's certificate shall then be a final determination as to the sufficiency of the petition. Section 6. Elections. (a) Generally. Elections on initiative and referendum measures shall be conducted in the same manner as provided generally for regular or special city elections in this Charter. (b) Ballots. 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 each measure. The ballot title shall contain information identifying the measure as a city initiated or citizen initiated measure. The submission clause shall be brief, shall not conflict with those selected for any petition previously filed for the same election, and shall unambiguously state the principle of the provision sought to be added. The official ballot used when voting upon each proposed or referred measure shall have printed on it the ballot title and submission clause and shall contain the words, "Yes" and "No" in response to a ballot question, or "For the Ordinance" and "Against the Ordinance" or "For the Resolution" and "Against the Resolution." (c) Publication; notice of election. (1) Initiative. An initiated measure being considered for adoption by Council shall be published in like manner as other proposed ordinances and resolutions. If the initiated measure is submitted to a vote of the people, the City Clerk shall publish a notice of election in conformity with the laws of the State of Colorado relating to municipal elections, together with the ballot title, submission clause and full text of the proposed ordinance or resolution. The text of a successful initiative measure need not be published in full after the election. (2) Referendum. If the referred measure is to be submitted to a vote of the people, the City Clerk shall publish a notice of election in conformity with the laws of the State of Colorado relating to municipal elections, together with the ballot title, submission clause and full text of the referred ordinance. If the ordinance in question is a bond ordinance, the summary from the petition may be published in place of the full text. The full text of an ordinance passed on referendum need not be published after the election. (d) Election results. If a majority of the registered electors voting on the initiated measure vote in favor, the measure is adopted as an ordinance or resolution of the city upon certification of the election results. If a majority of the registered electors voting on a referred ordinance, vote in favor of the ordinance, the ordinance shall go into effect without further publication upon certification of the election results, or at such later date as may be set forth in the ordinance itself. If the provisions of two (2) or more proposed or referred measures adopted or approved at the same election conflict, the measure receiving the highest affirmative vote shall become effective. (e) Frequency of elections. Any number of proposed ordinances or resolutions or referred -6- DRAFT ordinances may be submitted at the same election. Not more than one (1) special election on citizen- initiated measures shall be held in any twelve (12) months. This limitation does not apply to the Council which on its own motion may at any time call a special election for the purpose of considering any measure initiated, or adopted and referred, by the Council. Section 7. Further regulations. The Council may, by ordinance, make such further rules and regulations as are consistent with this Charter and the Colorado Constitution in order to carry out the provisions of this Article. -7- ATTACHMENT 2 © 2012 by The Committee on Legal Services for the State of Colorado and Matthew Bender & Company, Inc., a member of the LexisNexis Group. All rights reserved. Use of this product is subject to the restrictions and terms and conditions of the Matthew Bender Master Agreement. Section 11. Elected government officials - limitation on terms. (1) In order to broaden the opportunities for public service and to assure that elected officials of governments are responsive to the citizens of those governments, no nonjudicial elected official of any county, city and county, city, town, school district, service authority, or any other political subdivision of the State of Colorado, no member of the state board of education, and no elected member of the governing board of a state institution of higher education shall serve more than two consecutive terms in office, except that with respect to terms of office which are two years or shorter in duration, no such elected official shall serve more than three consecutive terms in office. This limitation on the number of terms shall apply to terms of office beginning on or after January 1, 1995. For purposes of this Section 11, terms are considered consecutive unless they are at least four years apart. (2) The voters of any such political subdivision may lengthen, shorten or eliminate the limitations on terms of office imposed by this Section 11. The voters of the state may lengthen, shorten, or eliminate the limitations on terms of office for the state board of education or the governing board of a state institution of higher education imposed by this Section 11. (3) The provisions of this Section 11 shall apply to every home rule county, home rule city and county, home rule city and home rule town, notwithstanding any provision of Article XX, or Sections 16 and 17 of Article XIV, of the Colorado Constitution. Source: Initiated 94: Entire section added, effective upon proclamation of the Governor, L. 95, p. 1436, January 19, 1995. ATTACHMENT 3 DATE: June 12, 2012 STAFF: Dan Weinheimer Pre-taped staff presentation: none WORK SESSION ITEM FORT COLLINS CITY COUNCIL SUBJECT FOR DISCUSSION Oil and Gas Extraction Regulation and Mitigation within Fort Collins. EXECUTIVE SUMMARY The City of Fort Collins seeks to update its land use regulations concerning oil and gas exploration, and develop options for mitigating impacts upon the community. Staff expects this will be a complex and controversial process that requires cooperation and coordination with the Colorado Oil and Gas Conservation Commission (COGCC), oil and gas industry representatives, Fort Collins residents, and other interested stakeholders. In order to ensure the resulting regulations match community expectations, an extensive public engagement process is recommended. Staff has formed a multidisciplinary team to address this project with a project manager assigned from the City Manager’s office. Staff is gathering information about regulation, meeting with other agencies and with stakeholders in the regulatory process, engaging the resources of Colorado State University and others, and will engage residents in public engagement. Staff seeks feedback from the City Council as to both process and areas of desired regulation. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Staff is seeking feedback to clarify the focus of the project and outreach program for formulating extraction regulations. Topics to be covered include: • Project Goal • Project Process • Public Engagement Plan BACKGROUND / DISCUSSION Fort Collins is reviewing and updating its land use regulations concerning oil and gas exploration and extraction within the City’s Growth Management Area and in City-owned natural areas. The development of regulations is expected to be a challenging endeavor as the state vigorously defends its ability to regulate oil and gas activities, and the oil and gas industry resists local regulations in favor of the state controls. Given the increasing public concern about public health and safety and the possible future proliferation of explorations sites within Fort Collins, City staff formed a multidisciplinary team to identify the issues of greatest concern and explore options to protect the interests of the City of Fort Collins and its citizens. This team will be led from the City Manager’s office and includes representatives from Utilities, Natural Areas, the Office of Sustainability, the City Attorney’s Office, Poudre Fire Authority, and Planning, Development and Transportation. June 12, 2012 Page 2 Actions taken to date include coordination of the staff team, meeting with the City of Longmont staff, initial meetings with Black Diamond Minerals and Colorado Oil and Gas Association (COGA), discussions with Colorado Municipal League officials, meetings with several CSU professors and outreach to several communities in the region. Staff will develop a map of areas of concern – the City Growth Management Area, Soapstone Prairie and Meadowridge Natural Areas. The goal is to develop a resource for decision-making that explicitly lays out where oil and gas exploration and extraction might occur by overlaying COGCC mandated setbacks, known oil formations, pending and existing permits through COGCC, and natural features in one visual source. This is a technique other communities have utilized to frame discussions and address some resident concern. Project Goal The team’s goal is to develop strategy and tools that best reflect Fort Collins’ community values. In order to accomplish the best outcome, staff will engage residents through an extensive public engagement process, as well as work with Black Diamond Minerals (the City’s only existing operator) and with COGA. Staff will also utilize resources available through Colorado State University and seek to creatively address the concerns identified. Staff will also research other Colorado communities and cities’ efforts to understand lessons they have learned. Possible project outcomes include, but are not limited to: • Development of a permitting process and fee schedule for drilling • Development of land use regulations governing conditions for drilling (to legal extent possible) • Development of a collaborative approach to working with local oil and gas operators – an operator’s agreement framework • Enacting a process by which City officials are made aware of exploration and extraction plans as soon as is practicable Possible regulatory options to be examined include, but are not limited to: • Consider adoption of state regulations verbatim • Consider assuming responsibility for inspection through Memoranda of Understanding (MOU) • Consider the establishment of regional effort/model code provisions with Loveland, Longmont, Berthoud, Boulder, and others • Develop a plan for baseline monitoring of ground water, air quality and consider steps to mitigate impacts from industry Project Process As staff is uncertain of City Council and Fort Collins residents’ desired outcomes for this process relative to what is preempted by state law, it is difficult to predict a project timeframe. Staff anticipates that this project could take approximately 6-8 months to complete as recommended. Staff has already initiated internal dialogue and met with some stakeholders. June 12, 2012 Page 3 • Engage N Industry N Residents N Regional partners N Colorado State University experts • Identify areas of concern • Consider strategies to mitigate concerns without regulation • Draft plan – regulations and/or a template for operator agreements • Bring draft plan to City Council work session • Bring plan to City Council for consideration Project Public Engagement Process Staff expects that public engagement will initially consist of information aimed at providing facts to inform the public. Ideally, following the examples of Longmont and Loveland, staff will coordinate panel discussions of subject matter experts that inform and allow comments from the public. It will be important to listen to residents to ensure that areas of concern are addressed. Other communities have formed “super committees” made up of several sitting City commissions to provide advice and address areas of concern germane to their work areas. This may be an attractive option as it allows several boards and commissions that may have knowledge or advisory capacity over an aspect of this process to get the same information simultaneously and to more rapidly move the process forward. Staff envisions developing an advisory group made up of representatives of several boards or commissions who might assist in the project. Should this be pursued, staff recommends that the boards choose a single representative to participate in the project. Boards whose participation could be beneficial include members of the Planning and Zoning Board, Water Board, Natural Resources Advisory Board, Air Quality Advisory Board, and Energy Board. Project staff will develop a comprehensive public engagement plan utilizing strategies such as: • Develop communication platform – website, voice mail, email – to share facts and hear community concerns • Offer subject matter expert panels • Address community concerns • Consider creation of an advisory group of various board members • Consider community forum to allow residents to participate in prioritization of regulatory areas Next Steps Staff will review and incorporate feedback from this work session into the work plan, using the meeting to refine the project process and deliverables. Since the Work Session discussion and project outline are less defined than many Work Session items and the project work is controversial here are a few options for next steps of the project. Staff would like to ensure direction is appropriate to ensure expeditious development of a final work product. June 12, 2012 Page 4 • Staff may submit a project outline memo to City Council for comments • Staff could present very brief project updates similar to the Mason Minute to City Council • Staff could bring a more complete work plan back to City Council at a subsequent Work Session