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Home My WebLink AboutPACKET Town Board Study Session 2021-11-23November 23, 2021 *6:00 p.m. – 6:45 p.m. Board Room 5:45 p.m. -Dinner In Person Meeting – Mayor, Trustees, Staff and Public To view or listen to the Study Session by Zoom Webinar ONLINE (Zoom Webinar): https://zoom.us/j/91077906778 Webinar ID: 910 7790 6778 CALL-IN (Telephone Option): 877-853-5257 (toll-free) Meeting ID: 910 7790 6778 If you are joining the Zoom meeting and are experiencing technical difficulties, staff will be available by phone for assistance 30 minutes prior to the start of the meeting at 970-577-4777. 5:30 p.m. Thumb Open Space Management Plan Update. (Director Muhonen) 6:00 p.m. Home Rule Overview. (CML Executive Director Bommer, Town Administrator Machalek and Attorney Kramer) 6:35 p.m. Trustee & Administrator Comments & Questions. 6:40 p.m. Future Study Session Agenda Items. (Board Discussion) 6:45 p.m. Adjourn for Town Board Meeting. Informal discussion among Trustees concerning agenda items or other Town matters may occur before this meeting at approximately 5:30 p.m. AGENDA TOWN BOARD STUDY SESSION Page 1 Page 2 11/24/2021 Overview of Colorado Municipal Home Rule by Kevin Bommer, Executive Director Colorado Municipal League The views expressed at this forum are those solely of the presenter, and any legal advice should be obtained by appropriate legal counsel Prepared in 2021 . Municipal Home Rule in Colorado Municipalities lacking home rule status are limited to exercising those powers that have been granted by the state • 1902 - Citizens in cities of the first and second class may adopt home rule under amendment to the Colorado Constitution • 1912 - Section 6 of Article XX specifically enumerated various municipal home rule powers with a “catch-all” paragraph • 1970 - Section 9 extended the right to adopt home rule to the citizens of every municipality Article XX of the Colorado Constitution reserves both structural and functional home rule powers to municipalities and “the full right of self government in local and municipal matters “ to citizens Page 3 11/24/2021 General Arguments For Home Rule Article XX of the Colorado Constitution grants both general and specific powers to home rule municipalities Provides greater flexibility to solve local problems because municipalities are less constrained by state requirements Allows quicker response time to emergency situations as there is no need to wait for the entire state legislative process Home rule municipalities are not required to follow state statutes in matters of local and municipal concern and therefore enjoy freedom from state interference regarding local and municipal matters General Arguments For Home Rule Allows municipalities to legislate with confidence on all matters of local concern • Authority granted by state statutes is sometimes ambiguous Enhances citizen control, interest, involvement and pride in their municipal government The embodiment of the principle that the best government is the one that is the closest to the people Page 4 11/24/2021 General Arguments Against Home Rule Restrictive charters may limit the potential flexibility of home rule Dissatisfied citizens may adopt binding charter amendments, i.e. amendments which cannot be changed or repealed by the governing body without a subsequent vote of the people Legal uncertainties may arise when the municipality legislates in a relatively new area; the ultimate determination of whether a matter is truly of “local concern” requires an ad hoc determination in court General Arguments Against Home Rule Costs for adopting a home rule charter can burden the municipality ( i.e. attorney’s or other consultant’s fees, expenses incurred from publication requirements, election costs, etc.) A change in the status quo may create unnecessary risks in a community that is satisfied operating under existing statutes Unless restricted by the charter, a home rule municipality has the potential to exercise more governmental powers than are available to statutory municipalities, which some local citizens may see as a disadvantage Page 5 11/24/2021 Timeline for Home Rule Election Within 180 days of its election, the charter commission shall submit to the governing body a proposed charter Within 30 days after the date that the charter commission submits the proposed charter to it, the governing body shall publish and give notice of an election to determine whether the proposed charter shall be approved The election shall not be held less than 60 nor more than 185 days after publication of the notice Drafting a Home Rule Charter Under Colorado law, the charter is principally an instrument of limitation in Colorado. • The charter sets forth the basic: • structure and organization of government; • procedures to be followed by municipal government in the conduct of its business; • powers of municipal officials and agencies, including any limitations. It is not necessary for the charter to spell out the details of municipal operations • Details can be left to the governing body. • State law applies in the absence of a charter or ordinance provision. Charters are not easily or readily amended; consequently, great care must go into their drafting and unnecessary details and verbiage should be avoided. Page 6 11/24/2021 Contents of a Municipal Charter Mandatory provisions: • Initiative and referendum of measures • Recall of officers • Provisions continuing, amending, or repealing existing ordinances • Prefatory synopsis Contents of a Municipal Charter Other examples of charter provisionsOther examples of charter provisions • Form of government – allocation of legislative and administrative powers • Qualifications, terms of office, number of councilmembers and method of election • Election procedures • Administrative organization • Boards and commissions • Procedures for passage of ordinances, resolutions and motions • Personnel, merit, or civil service system • Legal and judicial affairs • Budget control and financing • Municipal borrowing • Eminent domain Page 7 11/24/2021 Contents of a Municipal Charter A word of caution Borrowing provisions from other charters can be helpful and saves time. BUT… 1. Be wary of using charters from Colorado municipalities that were adopted years ago 2. Guard against lifting unnecessary detail from other charters 3. Be aware that charter provisions borrowed from the municipalities may not be relevant or appropriate for your community Considerations in Drafting a Charter BE AWARE OF THE TIGHT TIMELINE RESEARCH AND ORGANIZE RESOURCE INFORMATION BEFOREHAND USE YOUR STAFF OR CONSULTANT EXTENSIVELY AND EFFECTIVELY OBTAIN COMPETENT LEGAL ADVICE PROVIDE ADEQUATE OPPORTUNITY FOR CITIZEN INPUT BEFORE FINALIZED DECISIONS CHARTER COMMISSIONS MAY ADOPT AN ORGANIZATION LIKE THEIR EXISTING ORGANIZATION THINK LONG TERM Page 8 11/24/2021 Considerations in Drafting a Charter DEFINE ACTIONS THAT MUST BE BY ORDINANCE VS. RESOLUTION OR MOTION & PROCEDURES APPLICABLE TO THE ENACTMENT OF ORDINANCES. MAKE CLEAR WHO VOTES AND HOW MANY VOTES ARE NECESSARY FOR THE COUNCIL TO ACT INCLUDE FUNDAMENTAL AND PRIORITY FEATURES, LEAVING OTHER PROVISIONS TO SUBSEQUENT ACTION BY CITY COUNCIL AND STAFF. LEAVE THE ELECTED OFFICIALS WITH SUFFICIENT FLEXIBILITY TO ACT AND BE RESPONSIVE CROSS-REFERENCE STATE STATUTE WHERE APPROPRIATE, SUCH AS MUNICIPAL ELECTION PROCEDURES FINANCING PROVISIONS, (BONDING, USE OF LOCAL IMPROVEMENT DISTRICTS), ARE IMPORTANT Considerations in Drafting a Charter BE CAREFUL ABOUT INCLUDING UNNECESSARY PROVISIONS SOUGHT BY SPECIAL INTERESTS A GOOD PROCESS CAN FACILITATE DRAFTING OF A GOOD CHARTER AND ENHANCE CHANCES FOR ITS APPROVAL BY THE CITIZENS CONSTRUCTIVE DEBATE CAN BE HEALTHY – REMEMBER THE DEBATE WHICH WAS CARRIED OUT AT THE CONSTITUTIONAL CONVENTION IN PHILADELPHIA WORK AS A TEAM! Page 9 11/24/2021 Authority and Flexibility Afforded to Home Rule Municipalities Form of Government • City manager who answers to council, strong mayor - weak council, or strong council - weak mayor system • Clear authority to adopt the council/manager form of government Elected Officials • Clarification of powers for mayor, council, manager, other officers, and boards and commissions • Disqualifying circumstances, grounds and procedures for discipline, or removal from office • Minimum age requirements Authority and Flexibility Afforded to Home Rule Municipalities Elective Offices • Number and types of offices, the date when newly elected officials take office, and provide flexibility for being elected at-large, by districts and redistricting • Modify or eliminate term limits for mayor and council Elections • Regular election dates and times other than the dates required by statute • Flexibility for special election dates • Procedures for initiative, referendum, and recall • Expand the right to vote in municipal elections • Expand certain citizen powers, like initiative, referendum, and recall Page 10 11/24/2021 Authority and Flexibility Afforded to Home Rule Municipalities Procedures • Enactment of local ordinances to expedite consideration and effective dates, such as one-reading procedure for emergency ordinances in cities • Option to delegate decisions to administrative staff • Repeal or modify statutory provisions governing bidding and awarding of public projects and disposal of public property • Establish local zoning, subdivision and other land use procedures which are different from those applicable to statutory municipalities • Provide council procedures and bind elected officials to them Authority and Flexibility Afforded to Home Rule Municipalities Finances • Collection and enforcement of local sales/use taxes • Broader or narrower sales and use tax base • Additional types of excise taxes: admissions, entertainment, tourism, and lodgers’ taxes • Clarify, simplify, or otherwise revise procedures for budget and appropriation and municipal enterprises • Authorize refunds and exemptions not authorized by state law • Increase general obligation bond authority and streamline requirements for issuance of bonds • Facilitate formation of special improvement districts and expand purposes for which they can be formed Home rule does not exempt municipalities from TABOR requirements. Page 11 11/24/2021 Authority and Flexibility Afforded to Home Rule Municipalities Miscellaneous PowersMiscellaneous Powers • Alternative procedures for management and operation of municipal utilities • Terms and conditions of municipal employment • Broaden municipal court jurisdiction • Provide additional tools for economic development • Clarify authority for or expand the types of services which the municipality can provide • Set forth more specific ethics and conflict of interest rules Decisions To Be Made By The City Council or Town Board Calendar for placing a home rule initiative on the ballot Date & time that the charter commission meets Eligibility to serve on the charter commission shall extend to all registered electors of the municipality The commission may employ a staff; consult and retain experts Size of the Charter Commission If the municipal population is over 2,000, then the commission may be composed of 9 to 21 members (must be an odd-number) If the municipal population is under 2,000, then the commission shall be composed of 9 members Page 12 11/24/2021 Growth in Home Rule Municipalities Growth in Home Rule Municipalities • 93% of municipal residents in home rule cities/towns • 69% of Colorado residents in home rule cities/towns Most Colorado residents live in a home rule municipalityMost Colorado residents live in a home rule municipality • 1940 – 10 • 1960 – 22 • 1980 – 56 • 2000 – 80 • 2020 – 103 • 2021 – 104 Number of Colorado home rule cities and townsNumber of Colorado home rule cities and towns Page 13 11/24/2021 Resources at the League Matrix of Home Rule Charters (update due soon) Home Rule Handbook (2017) publication Copies of every home rule charter Sample educational materials to distribute to citizens QUESTIONS Contact: Kevin Bommer, executive director kbommer@cml.org (303) 831-6411 Page 14 December 14, 2021 •179 Stanley Use Options January 11, 2022 •Quarterly CompPAC Update January 25, 2022 •Downtown Estes Loop Update •Parks Master Plan Items Approved – Unscheduled: •Art in Public Places •Downtown Loop Updates as Necessary Items for Town Board Consideration: •Governing Policies Updates Future Town Board Study Session Agenda Items November 23, 2021 Page 15 Page 16