HomeMy WebLinkAboutMemo - Read Before Packet - 6/13/2023 - Memorandum From Ginny Sawyer And Carrie Daggett Re: Update: Potential Charter Amendments
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
MEMORANDUM
Date: June 15, 2023
To: Mayor and City Council
From: Ginny Sawyer, Policy and Project Manager
Carrie Daggett, City Attorney
Thru: Kelly DiMartino, City Manager
RE: Update: Potential Charter Amendments
Bottom Line:
Following the May 9, 2023 work session, staff has evaluated options for addressing desired
Charter Amendments. Those options and an adjusted timeline are outlined below.
Background:
Staff and Council have identified four desired Charter Amendments to consider including on the
November 2023 ballot. These are described in more detail in the attached May 9 Work Session
Agenda Item Summary.
Candidate Qualifications – Referred
Amends the qualification language to match the State Constitution language.
Ordinance to refer adopted by ordinance on April 4, 2023. Will be on November ballot.
Residency Requirements – Recommend Referral
The Charter currently contains residency requirements for certain positions. Based on
position title these requirements include living in Fort Collins, living within the Growth
Management Area (GMA), or living within 5 miles of the GMA boundary.
Staff recommends keeping the City Manager requirements in the Charter and bringing
Code language that mirrors the Charter requirements for the other positions to ensure no
immediate change while allowing Council over time to adjust to changing circumstances.
Referendum Process Clean-up – Recommend Referral
Cleaning up contradictory provisions in Article X of the Charter between sections 2 and
5. This is described in more detail in the attached May 9 Work Session Agenda Item
Summary.
Ordinance Publication Requirements – Recommend Consideration of a Referral
Removing requirement to publish ordinances by title in a newspaper of general
circulation.
DocuSign Envelope ID: DE5A8478-F81A-4ACB-A30C-EDF6B97750F7
Challenges to current publication requirements include newspaper deadlines and
meeting the Charter 7-day prior to hearing deadline. While not a chronic problem, this
has resulted in second reading delays.
Computation of Time Provision – Recommend a Code Adoption
Various timing requirements and deadlines in the Charter create uncertainty due to a
lack of general provision for computation of time in the Charter.
Staff believes an appropriate interpretation of the time computations can be adopted into
City Code to provide clarity and consistent guidance without a Charter Amendment at
this time.
The 6-month agenda now reflects bringing the recommended items for Council consideration on
July 18, 2023. Second reading would be held on August 15, 2023.
DocuSign Envelope ID: DE5A8478-F81A-4ACB-A30C-EDF6B97750F7
City Manager’s Office
City Hall
300 LaPorte Ave.
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107 - fax
fcgov.com
MEMORANDUM
Date: May 12, 2023
To: Mayor and City Council
From: Ginny Sawyer, Policy and Project Manager
Anissa Hollingshead, City Clerk
Thru: Kelly DiMartino, City Manager
RE: Work Session Summary – May 9, 2023 Potential charter Amendments
Mayor Pro Tem Francis and Councilmembers Canonico, Pignataro, Peel, Gutowsky, and
Ohlson were present.
Staff provided a high-level overview on 4 potential Charter Amendments:
Referendum Process Clean-Up
Ordinance Publication Requirements
Computation of Time Provision
Residency Requirements
Council has already referred a measure addressing Candidate Qualifications to the November
2023 ballot.
Discussion included:
Further description of the contradictions or vague language within the Charter that could
be remedied.
Clarification on Residency Requirements that staff would bring forward code language
mirroring the Charter so that no immediate change would occur and any future changes
would require a Council decision.
A look forward to future election specifics including:
o 2024 will be a Presidential election year and it will be costly to add measures to
the coordinated ballot.
o 2025 will be the first ballot with ranked choice voting.
o In a coordinated ballot, the City cannot collect the same detail of voter turnout
data that was possible with a City only election.
Overall Council was supportive of considering all Charter Amendments with a preference
that staff do some prioritization.
Next Steps:
Staff will work on ballot language and referral schedule.
Draft language will be brought to the July 25, 2023 Council work session.
DocuSign Envelope ID: FB7C6DD4-A6B9-463E-8FBF-532EF8350A6BDocuSign Envelope ID: DE5A8478-F81A-4ACB-A30C-EDF6B97750F7
1Charter Amendments
Candidate Qualifications -Referred
•Amends the qualification language to match the State Constitution language.
•Ordinance to refer adopted by ordinance on April 4, 2023. Will be on November ballot.
Residency Requirements –Recommend Referral
•The Charter currently contains residency requirements for certain positions. Based on position title these
requirements include living in Fort Collins, living within the Growth Management Area (GMA), living
within 5 miles of the GMA boundary.
•Staff recommends keeping the City Manager requirements in the Charter and bringing Code language
that mirrors the Charter requirements for the other positions to ensure no immediate change.
Referendum Process Clean-up –Recommend Referral
•Cleaning up contradictory provisions in Article X of the Charter between sections 2 and 5.
2Charter Amendments
Ordinance Publication Requirements -Recommend Consideration of a Referral
•Removing requirement to publish ordinances by title in a newspaper of general circulation.
•Challenges to current publication requirements include newspaper deadlines and meeting the Charter 7-
day prior to hearing deadline. While not a chronic problem, this has resulted in second reading delays.
Computation of Time Provision –Recommend a Code Adoption
•Various timing requirements and deadlines in the Charter create uncertainty due to a lack of general
provision for computation of time in the Charter.
•Staff believes an appropriate interpretation of the time computations can be adopted into City Code to
provide clarity and consistent guidance without a Charter Amendment at this time.
Next Steps:
-First reading for considerations on July 18, 2023
-Second reading on August 15, 2023