HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 05/03/2022 - RESOLUTION 2022-056 CONFIRMING AND APPROVING THE A Agenda Item 17
Item # 17 Page 1
AGENDA ITEM SUMMARY May 3, 2022
Economic Health
STAFF
Clay Frickey, Redevelopment Program Manager
John Duval, Legal
SUBJECT
Resolution 2022-056 Confirming and Approving the Appointment of Andy Smith for a Second Term to the
Board of Commissioners of the Fort Collins Urban Renewal Authority.
EXECUTIVE SUMMARY
The purpose of this item is to confirm Mayor Jeni Arndt’s appointment of Andy Smith to a second four -year
term to serve as a commissioner on the Fort Collins Urban Renewal A uthority Board of Commissioners. This
new term would begin on May 25, 2022, and end on May 25, 2026.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
In May 2015, the Colorado General Assembly adopted House Bill 2015-1348 (HB-1348), amending the
Colorado Urban Renewal Law, allowing for the appointment of up to four new commissioners to the boards of
urban renewal authorities after January 1, 2016.
In 2018 the Urban Renewal Authority Board of Commissioners (URA Board) increased its number of
commissioners as required by HB-1348 by expanding the URA Board to include one representative from the
School Districts, one from Larimer County, one from the special districts within the City, and one at -large
Mayoral appointee.
In 2018, City Council confirmed and approved then Mayor Wade Troxell’s appointment of Andy Smith to the
URA Board for a four-year term that began on May 25, 2018, and will end on May 25, 2022. As provided in
City Code Section 2-482(a)(3), Mayor Jeni Arndt has appointed Mr. Smith, who is currently a City resident, to a
second four-year term beginning on May 25, 2022, and ending on May 25, 2026. However, for such
appointment to be effective, Section 2-482(a)(3) requires that it must first be confirmed by City Council by
resolution. Council’s adoption of this Resolution would allow Mr. Smith to serve a second term on the URA
Board without any gaps in his term.
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RESOLUTION 2022-056
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONFIRMING AND APPROVING THE APPOINTMENT OF ANDY SMITH FOR A
SECOND TERM TO THE BOARD OF COMMISSIONERS OF THE
FORT COLLINS URBAN RENEWAL AUTHORITY
WHEREAS, o n J anuary 5 , 19 82, Cit y Council adopted Resolution 1982-10
establishing within the City of Fort Collins (the “City”) the Fort Collins Urban Renewal
Authority (the “Authority”) and designating the Council to serve as the Authority’s Board
of Commissioners (the “URA Board”); and
WHEREAS, the laws governing the creation, powers and governance of urban renewal
authorities are in Colorado’s “Urban Renewal Law” in Part 1 of Article 25 of Title 31 of the
Colorado Revised Statutes (the “Act”); and
WHEREAS, Sections 31-25-104 and 31-25-107 of the Act were amended in 2015 and
2017, respectively, by the Colorado General Assembly to provide that when the adoption of a
new urban renewal plan is being considered on or after January 1, 2016, the membership on
the board of commissioners of the affected urban renewal authority is to be increased to
include at least three, and potentially four, additional commissioners; and
WHEREAS, one commissioner is to be appointed by the board of county commissioners
of the county in which the territorial boundaries of the urban renewal authority area are located,
the second commissioner is to be a board member of a special district selected by agreement of
the special districts levying a mill levy within the boundaries of the urban renewal authority
area and the third commissioner is to be an elected member of a board of education of a school
district levying a mill levy within the boundaries of the urban renewal authority area; and
WHEREAS, if these three new appointments cause the authority’s board to have an even
number of commissioners, the mayor of the municipality that has created the urban renewal
authority is to appoint a fourth commissioner to restore an odd number of commissioners to the
authority’s board; and
WHEREAS, as required by the Act, in 2018 the membership on the URA Board
expanded to include an appointment by the Larimer County Board of Commissioners, a joint
appointment by the Poudre School District and the Thompson School District, and an agreed
appointment by the special districts levying property taxes within the Authority’s boundaries,
and these three appointees, or their successors, continue to serve on the URA Board; and
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WHEREAS, since these three new appointments increased the URA Board membership
to ten, an even number, the Act required the City’s Mayor to appoint another new
commissioner to the URA Board to restore the Board’s membership to an odd number; and
WHEREAS, the City Council adopted Resolution 2015-105 setting out a process to
follow for the Mayor’s appointment to the URA Board under which the Mayor and one other
councilmember are to interview candidates and make an appointment recommendation to
Council for its approval by resolution; and
WHEREAS, after following that process, the City Council adopted Resolution 2018-044
to appoint Andy Smith to serve as the eleventh commissioner on the URA Board for a 4 -year
term beginning on May 25, 2018; and
WHEREAS, Commissioner Smith’s term on the URA Board will expire on May 25,
2022; and
WHEREAS, on May 15, 2018, the City Council adopted Ordinance No. 061, 2018,
repealing and reenacting Division 4 in Article IV of City Code Chapter 2 to implement the
General Assembly’s 2015 and 2017 amendments to the Act (the “URA Code”) and reaffirming
Commissioner Smith’s appointment to the URA Board; and
WHEREAS, Section 2-482(a)(3) of the URA Code provides that the seat now held by
Commissioner Smith is to be a “resident of the City appointed by the Mayor and confirmed by
the City Council by resolution”; and
WHEREAS, Mayor Jeni Arndt has appointed Commissioner Smith, who is a resident of
Fort Collins, to serve for a second term on the URA Board with his new term beginning May 25,
2022, and expiring on May 25, 2026, and is requesting that the City Council confirm this
appointment as required in Section 2-482(a)(3) of the URA Code; and
WHEREAS, the City Council has determined that it is in the best interests of the City
and the URA that Commissioner Smith’s reappointment by Mayor Arndt be confirmed by the
City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
Section 2. That Mayor Arndt’s appointment of Andy Smith to serve as a
commissioner on the URA Board for a second term is hereby confirmed and approved by the
City Council, with such term to begin on May 25, 2022, and expire on May 25, 2026.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of May, A.D. 2022.
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_________________________________
Mayor
ATTEST:
_____________________________
City Clerk