HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 08/18/2020 - RESOLUTION 2020-080 APPROVING APPOINTMENT OF DIRECAgenda Item 18
Item # 18 Page 1
AGENDA ITEM SUMMARY August 18, 2020
City Council
STAFF
Clay Frickey, Redevelopment Program Manager
John Duval, Legal
SUBJECT
Resolution 2020-080 Approving Appointment of Directors to the Midtown Business Improvement District Board
of Directors.
EXECUTIVE SUMMARY
The purpose of this item is to appoint John Hoxmeir to the Midtown Business Improvement District Board of
Directors and to ratify and reaffirm the previous appointment of Mike Dellenbach, Spiro Palmer, Patrick
Bunyard and Carrie Baumgart to the Board.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
On December 9, 2019, City Council adopted Resolution 2019-108 approving the Midtown Business
Improvement District 2020 Budget and Operating Plan (Operating Plan). As part of the Operating Plan and as
reflected in the agenda item summary for Resolution 2019-018 (AIS), Council reappointed Mike Dellenbach,
Spiro Palmer and Carrie Baumgart to the Midtown Business Improvement District Board of Directors (Board)
and also appointed Patrick Bunyard as new director on the Board. These four directors were each appointed
to a two-year term ending December 31, 2021.
However, the AIS also listed John Hoxmeir as being appointed to the Board for a two-year term ending
December 31, 2021, but the Operating Plan mistakenly listed previous Board member Steve Taylor as being
reappointed for this new term. Because it was the intention in the AIS that John Hoxmeir be appointed in place
of Steve Taylor, and since John Hoxmeir has attended and participated in the Board’s meetings since January
1, 2020, this Resolution is proposed to correct this mistaken provision regarding the appointment. The
Resolution therefore appoints John Hoxmeir to the Board with his term beginning, to the full extent permitted
by law, on January 1, 2020, and ending December 31, 2021. This Resolution also ratifies and reaffirms the
appointment of the other four directors appointed in Resolution 2019-108.
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RESOLUTION 2020-080
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING APPOINTMENT OF DIRECTORS TO THE MIDTOWN BUSINESS
IMPROVEMENT DISTRICT BOARD OF DIRECTORS
WHEREAS, on December 5, 2017, the City Council adopted Ordinance No. 165, 2017,
(“Ordinance No. 165”) creating the Midtown Business Improvement District (the “District”)
under the Business Improvement District Act in Part 12 of Article 25 in Title 31 of the
Colorado Revised Statutes; and
WHEREAS, the City Council also appointed in Ordinance No. 165 the District’s initial
nine directors to the District’s board of directors (the “Board”); and
WHEREAS, Steve Taylor, Mike Dellenbach, Spiro Palmer, John Gaffney and Carrie
Baumgart were appointed as five of the directors to serve a term ending December 31, 2019;
and
WHEREAS, the remaining four directors, Rayno Seaser, David Fritzler, Luke
McFetridge and Lauren DeRosa, were appointed in Ordinance No. 165 to terms ending
December 31, 2020; and
WHEREAS, on December 3, 2019, the City Council adopted Resolution 2019-108
approving the District’s 2020 Operating Plan (the “Operating Plan”) and the Operating Plan
provided for the reappointment of three of the directors whose terms would expire December
31, 2019, Mike Dellenbach, Spiro Palmer and Carrie Baumgart, but the Operating Plan
provided for the appointment of Patrick Bunyard in place of John Gaffney, with all four of
these appointed directors to have a two-year term ending December 31, 2021, as this was
further presented in the agenda item summary for Resolution 2019-108 (the “AIS”); and
WHEREAS, the AIS also provided that director Steve Taylor would not be reappointed,
but rather that John Hoxmeir would be appointed in his place for a two-year term ending
December 31, 2021; and
WHEREAS, the Operating Plan erroneously failed to reflect John Hoxmeir’s intended
appointment and reappointed Steve Taylor in error; and
WHEREAS, since January 1, 2020, John Hoxmeir has attended and participated in the
Board’s meetings and Steve Taylor has not; and
WHEREAS, the purpose of this Resolution is to correct any confusion about these
conflicting appointment references by appointing John Hoxmeir as a director on the Board to
serve a term ending December 31, 2021, and for his appointment to be effective, to the full
extent permitted by the law, as of January 1, 2020, but in any event, effective no later than the
date of this Resolution.
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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 John Hoxmeir is hereby appointed to serve as a director on the
Board for a term ending December 31, 2021, with his appointment being effective, to the full
extent permitted by law, as of January 1, 2020, but, in any event, effective no later than the date
of this Resolution. In addition, the appointments in Resolution 2019-108 of Board Directors
Mike Dellenbach, Spiro Palmer, Patrick Bunyard and Carrie Baumgart to serve a new two-year
term ending December 31, 2021, are hereby reaffirmed and ratified.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this
18th day of August, A.D. 2020.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk