Loading...
HomeMy WebLinkAboutAgenda - Mail Packet - 8/22/2023 - Urban Renewal Authority (Ura) Meeting Agenda – August 24, 2023Regular Meeting 5:00 p.m. Thursday, August 24, 2023 Council Information Center at City Hall, 300 Laporte Avenue, Fort Collins, CO 80521 Zoom Webinar link: https://zoom.us/j/98687657267 NOTICE: Regular meetings of the Urban Renewal Authority are held on the 4th Thursday of each month at City Hall. Meetings are conducted in a hybrid format, with a Zoom webinar in addition to the in person meeting in the Council Information Center. Board members may participate in this meeting via electronic means pursuant to their adopted policies and protocol. How to view this Meeting:: Meetings are open to the public and can be attended in person by anyone. Meetings are televised live on Channels 14 & 881 on cable television. Meetings are livestreamed on the City's website, fcgov.com/fctv Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance notice when possible. A solicitud, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible. Meetings are available through the Zoom platform, electronically or by phone. Meeting agendas, minutes, and archived videos are available on the URA's website at https://www.renewfortcollins.com Email comments about any item on the agenda to cfrickey@fcgov.com by 3:00 PM the day of the meeting In person attendees can address the Board in person. Speakers are required to sign up to speak on sign up sheets on the tables just outside the meeting room. During the public comment portion of the meeting and discussion items: The public can join the Zoom webinar and comment from the remote meeting, joining online or via phone. There are four options for members of the public who would like to participate in URA meetings: Comment in real time:: Join the online meeting using the link in this agenda to log in on an internet-enabled smartphone, laptop or computer with a speaker and microphone. Using earphones with a microphone will greatly improve audio experience. To be recognized to speak during public participation portions of the meeting, click the 'Raise Hand' button. Participate via phone using the call in number and meeting ID below: Call in number: 346-248-7799 Meeting ID: 986 8765 7267 During public participation opportunities in the meeting, press *9 to indicate a desire to speak. Submit written comments:: City of Fort Collins Page 1 of 2 Urban Renewal Authority Board Agenda August 24, 2023 at 5:00 PM Jeni Arndt, Chair Joe Wise, Vice-chair Susan Gutowsky Julie Pignataro Tricia Canonico Shirley Peel Kelly Ohlson Emily Francis Kristin Stephens Kristen Draper Andy Smith Council Information Center (CIC) in City Hall, 300 Laporte Ave, Fort Collins, CO and via Zoom at https://zoom.us/j/98687657267 Cablecast on FCTV Channel 14 on Connexion Channel 17 and 881 on Comcast Caitlin Quander Kelly DiMartino Anissa Hollingshead Brownstein Hyatt Farber Schreck Interim Executive Director Secretary URBAN RENEWAL AUTHORITY BOARD MEETING 5:00 PM A) PLEDGE OF ALLEGIANCE B) CALL MEETING TO ORDER C) ROLL CALL D) AGENDA REVIEW Executive Director's Review of Agenda. E) PUBLIC PARTICIPATION F) PUBLIC PARTICIPATION FOLLOW-UP G) COMMISSIONER REPORTS H) DISCUSSION ITEMS The method of debate for discussion items is as follows: • Chair introduces the item number and subject; asks if formal presentation will be made by staff • Staff and/or Applicant presentation (optional) • Chair requests public comment on the item (three minute limit for each person) • Board questions of staff on the item • Board motion on the item • Board discussion • Final Board comments • Board vote on the item 1 City of Fort Collins Page 2 of 2 Note: Time limits for individual agenda items may be revised, at the discretion of the Chair, to ensure all have an opportunity to speak. 1. Consideration and Approval of the Minutes for the October 27, 2022 and the February 23, 2023 Urban Renewal Authority Board Meeting. The purpose of this item is to approve the minutes of the October 27, 2022 and the February 23, 2023 Urban Renewal Authority Board meeting. 2. Resolution No. 125 Accepting the Appointment of a Commissioner to the Authority. The purpose of this item is to accept the appointment of a Commissioner representing the special districts to the Authority Board. In January 2023, Joe Wise resigned his position on the Poudre River Library District Board of Trustees. This resignation created a vacancy on the Authority Board representing the special districts levying a mill levy within the boundaries of the urban renewal authority area. On January 30, 2023, the special districts appointed Fred Colby from the Poudre River Library District Board of Trustees to the Authority Board. 3. Resolution No. 126 Appointing a Vice Chair and a New Member to the Board Finance Committee. The purpose of this item is to appoint a Vice Chair to the Urban Renewal Authority Board and a new member to the Board Finance Committee. The Board is without a Vice Chair and has a vacancy on the Finance Committee due to a Commissioner resigning their seat on the Poudre River Public Library District Board of Trustees. I) OTHER BUSINESS A. Consideration of a motion to go into Executive Session to discuss the potential purchase or acquisition of real property interests, including eminent domain, to receive legal advice on specific legal questions, and to determine positions relative to matters that may be subject to negotiations related to the former Albertsons site. “I move that the Fort Collins Urban Renewal Authority go into Executive Session pursuant to: C.R.S. § 24-6-402(4)(a), (b) and (e) For the purpose of discussing with the Authority’s attorneys and appropriate management staff the following items, all related to the former Albertsons site: • Potential Purchase or Acquisition of Real Property Interests, including Eminent Domain, • Specific Legal Advice on Specific Legal Questions, and • Determine Positions Relative to Matters that may be Subject to Negotiations, Develop Strategy for Negotiations and Instruct Negotiators.” J) ADJOURNMENT Upon request, the City of Fort Collins will provide language access services for individuals who have limited English proficiency, or auxiliary aids and services for individuals with disabilities, to access City services, programs and activities. Contact 970.221.6515 (V/TDD: Dial 711 for Relay Colorado) for assistance. Please provide 48 hours advance notice when possible. A petición, la Ciudad de Fort Collins proporcionará servicios de acceso a idiomas para personas que no dominan el idioma inglés, o ayudas y servicios auxiliares para personas con discapacidad, para que puedan acceder a los servicios, programas y actividades de la Ciudad. Para asistencia, llame al 970.221.6515 (V/TDD: Marque 711 para Relay Colorado). Por favor proporcione 48 horas de aviso previo cuando sea posible. 2 City Council Agenda Item Summary – City of Fort Collins Page 1 of 1 August 24, 2023 AGENDA ITEM SUMMARY Urban Renewal Authority STAFF Anissa Hollingshead, Secretary SUBJECT Consideration and Approval of the Minutes for the October 27, 2022 and the February 23, 2023 Urban Renewal Authority Board Meeting. EXECUTIVE SUMMARY The purpose of this item is to approve the minutes of the October 27, 2022 and the February 23, 2023 Urban Renewal Authority Board meeting. ATTACHMENTS 1. Draft Minutes, October 27, 2022 2. Draft Minutes, February 23, 2023 3 Section H, Item 1. City of Fort Collins Page 460 Urban Renewal Authority Board October 27, 2022 5:00 PM  PLEDGE OF ALLEGIANCE  ROLL CALL (Hybrid Meeting) PRESENT: Draper, Arndt, Peel, Wise, Gutowsky (remote), and Canonico (remote) ABSENT: Francis, Ohlson, Pignataro, Smith, and Stephens  AGENDA REVIEW Interim Executive Director Birks stated there were no changes to the published agenda. Chair Arndt outlined the public participation options.  PUBLIC PARTICIPATION None.  PUBLIC PARTICIPATION FOLLOW-UP None.  COMMISSIONER REPORTS None.  DISCUSSION ITEMS 1. Consideration and Approval of the Minutes for the August 25, 2022 Urban Renewal Authority Board Meeting. (Adopted) The purpose of this item is to approve the minutes of the August 25, 2022 Urban Renewal Authority Board meeting. Vice Chair Wise made a motion, seconded by Commissioner Draper, to approve the August 25, 2022 meeting minutes. RESULT: MINUTES ADOPTED (UNANIMOUS: 6-0) MOVER: Joe Wise SECONDER: Kristen Draper AYES: Arndt, Peel, Gutowsky, Wise, Canonico, and Draper EXCUSED: Francis, Ohlson, Pignataro, Smith, and Stephens 2. Resolution No. 123 Adopting the 2023 Budget for the Fort Collins Urban Renewal Authority. The purpose of this item is to consider adoption of the 2023 budget of the Urban Renewal Authority. Staff submitted two budget offers for the Urban Renewal Authority (URA) as part of 4 Section H, Item 1. City of Fort Collins Page 461 the City’s Budgeting for Outcomes (BFO) process earlier in 2022. While the URA budget is provided to the City, it is reviewed and approved by the URA Board. One offer covers the costs of performing core functions of the URA. The second offer is for the URA’s debt service payments. Combined, the total appropriation for the 2023 URA budget would be $6,005,369. After these expenses, both the North College and Prospect South plan areas would generate excess revenues. Staff forecasts $4.6 million in available cash in the North College plan area and $1.4 million in available cash in the Prospect South plan area by the end of 2023. Executive Director Birks discussed the URA budget process as it relates to the City’s process. He detailed the two portions of the URA budget: ongoing programs and services, which are operational expenses funded by all three active and TIF-generating Urban Renewal Authority areas, and obligations and debt, which includes developer payments. He provided information on the budget aspects of each of the three urban renewal areas and commented on the historical spending rate of the URA. He stated staff recommends adoption of the budget. Vice Chair Wise noted Rachel Rogers with the City’s Economic Health Office has looked at the effects of the senate bill which will impact property tax collections in 2023 and 2024 and has determined that the URA is properly budgeted for those changes. RESULT: RESOLUTION NO. 123 ADOPTED (UNANIMOUS: 6-0) MOVER: Joe Wise SECONDER: Kristen Draper AYES: Arndt, Peel, Gutowsky, Wise, Canonico, and Draper EXCUSED: Francis, Ohlson, Pignataro, Smith, and Stephens  OTHER BUSINESS None.  ADJOURNMENT The meeting adjourned by unanimous consent at 5:45 p.m. ___________________________________ Chair ATTEST: ______________________________ Secretary 5 Section H, Item 1. City of Fort Collins Page 465 URBAN RENEWAL AUTHORITY BOARD February 23, 2023 5:04 PM  ROLL CALL PRESENT: Draper, Arndt, Wise, Ohlson, Pignataro, and Canonico ABSENT: Francis, Peel, Gutowsky (remote), Wise (remote), Stephens (remote), and Smith (remote- arrived at 5:09 pm)  AGENDA REVIEW Interim Executive Director Birks stated there were no changes the published agenda. Two discussion items; minutes and a discussion about acquisition of certain properties on North College.  PUBLIC PARTICIPATION - Public in attendance. Two online. Chair Arndt outlined the public participation options.  Fred Colby: Introduced himself as he will be replacing Joe Wise, and stated looking forward to working with the URA Board  Patricia, Mi Voz: W ith the Family Center, hoping residents will join this meeting. There is another meeting happening right now. Spoke about the Albertsons’ property. Stated she assists in helping facilitate meetings with residents that reside in North College Corridor. They would like a facility in place and a list of services including mental health, and childcare, to access to other resources from other organizations that provide services. Multi-purpose space, a community kitchen, and recreation services. Residents are motivated to have a space close to the mobile home park. Spoke about Aztlan Center and stated that residents do not feel welcome there. She is excited about the possibility of this proposed facility for the residents she advocates for.  COMMISSIONER REPORTS Andy Smith joined at 5:09 p.m.  DISCUSSION ITEMS 1. Consideration and Approval of the Minutes for January 26, 2023 Urban Renewal Authority Board Meeting. (Adopted) The purpose of this item is to approve the minutes of January 26, 2023, Urban Renewal Authority meeting. Commissioner Pignataro made a motion, seconded by Commissioner Canonico, to approve the January 26, 2023, meeting minutes. RESULT: MINUTES ADOPTED (UNANIMOUS: 6-0) MOVER: Julie Pignataro SECONDER: Tricia Canonico AYES: Arndt, Wise, Ohlson, Pignataro, Canonico, and Draper EXCUSED: Francis, Peel, Gutowsky (remote-unable to vote), Wise (remote-unable to vote), Stephens (remote-unable to vote), Smith (remote-unable to vote) 6 Section H, Item 1. City of Fort Collins Page 466 2. Resolution No. 124 Authorizing Negotiations for the Acquisition of Properties. (Adopted) The purpose of this item is to provide approval to staff to make offers and negotiate to acquire the Albertsons’ site and two adjoining buildings. At the Board’s regular meeting in July 2022, the Board provided direction for staff to pursue three courses of action related to acquiring the former Albertsons ’ site at 1636 North College Avenue: 1. Begin discussions for acquiring the Albertsons’ site and two adjoining buildings, 2. Discuss funding options with City staff and the City Council Finance Committee, and 3. Conduct a commercial real estate appraisal of the Albertsons ’ site and two adjoining buildings. In January, staff provided an update on progress related to all three action items. Based on January’s meeting, staff seeks approval from the Board to make offers and negotiate to acquire the Albertsons ’ site and two adjoining buildings. Clay Frickey, Redevelopment Program Manager, introduced legal counsel Rich Rodriguez. Frickey gave a presentation. He stated this presentation is about the acquisition of property by the Board and provides an overview of what the property acquisition process will look like so the Board is more informed. As well, as seeking permission from the Board to go ahead and start negotiating with the property owners to try to acquire the properties. Last month (January) in the executive session, discussed details about potentially acquiring the property in the North College corridor. Today is a follow-up to provide more details about what the process would be like. Clay introduced Legal Counsel Angela Hygh and Rich Rodriquez to answer any additional questions. Angela Hygh, introduced herself and gave her presentation. She provided background stating the law sets forth the ability for the Board to acquire property for the purpose to prevent and eliminate blight. It authorizes the Board to acquire properties in a variety of different ways. Including by way of purchase. This will be discussed first by herself. Later Rich Rodriquez will discuss the process of eminent domain or condemnation. Hygh provided background on acquiring property by way of purchase. She stated this process is similar to a process that is followed by any private entity the authority would extend an offer. This includes utilizing the typical offer, counteroffer, negotiating, letter of intent, and purchase and sale agreement process. This is a typical process that a private entity would use and a typical process that authority would follow. Hygh explained that sometimes property owners ignore or resist offers to purchase. If that happens, the Board may initiate steps to notify the property owners that the property may be acquired without the owner’s consent if a consensual sale cannot be accomplished. Eminent Domain is a different process and Rich Rodriquez will discuss this in more detail later. Hygh stated she wanted to frame this process first with a few issues to keep in mind. On the slides, we see “government” but it means the authority when the authority initiates those steps. Again, by notifying the property owner, or by passing a resolution that allows or authorizes condemnation, that act itself is not an active condemnation. 7 Section H, Item 1. City of Fort Collins Page 467 She stated that is the first of a series of steps that, if taken to completion, could result in condemnation. She stated that Eminent domain is typically used as a last resort, usually in rare and exceptional circumstances where all reasonable efforts to acquire private property consensually have failed. The CRS (Statute) states the Urban Renewal Authority is required to pay the landowner fair market value for the property. Hygh passed over the presentation to Rich Rodriquez. Rich shared PowerPoint slides. He did an introduction and shared that eminent domain must be approved as part of an urban renewal plan. It has been around for a long time. He stated most governmental entities would not be able to build roads or provide schools if they didn’t have this power. It is something in our Nation’s history. Condemnation is the process of exercising the power of an eminent domain. He stated that Colorado has a well-established procedure for condemnation that is very fair to both the Government and the property owner. The Statutes have been in place for decades, they provide an opportunity at each step of the process to make sure that the property owners are treated fairly and made whole. He stated the process with an Urban Renewal Authority, shared that the authority can condemn property to eradicate blight, and that is the public purpose. He referred to the slide, that there are a series of steps that urban renewal authorities must complete in general before they can move down the path. Please refer to the bullet points:  Eminent domain must be approved as part of an urban renewal plan (completed in 2004)  The Authority must adopt relocation assistance and land acquisition policies to benefit displaced persons (completed)  City Council must make a determination that the property is located in a blighted area, or the property itself is blighted (completed 2004; would make confirming findings)  Later, at the commencement of the negotiation of an agreement for redevelopment or rehabilitation of the property, the Authority must provide notice and invite proposals for redevelopment or rehabilitation from all property owners, residents, and owners of business concerns located on the property. He stated what’s not on the slide is, there is actually another provision in the code that says you can even put it out to others in the urban renewal area as that is just a requirement. He shared that when you are ready you can move into the next steps. This a reminder of the informal step, where the board can acquire property on the open market, similar to if you were trying to sell your home or your business, which is the typical give and take process. Hopefully, the property can be acquired in that manner. Note: that happens quite frequently. He stated again, eminent domain is historically used as a last resort. Refer to the slides for the Steps for Exercising Eminent Domain. Therefore, the approach staff is recommending the board take is consistent with his experience. 8 Section H, Item 1. City of Fort Collins Page 468 He stated again, the Board reach out to the property owner and see if a deal can be completed consensually. If efforts for consensual acquisition fail, the Authority authorizes the acquisition of real property by eminent domain. If not, then the Board adopts a resolution authorizing further negotiations, authorizing sending out a Notice of Intent to Acquire the property. A reminder these steps provide protection to the property owner. It is a statutory notice that’s required to have certain things from the Board including:  identifying who you are  what property is that you need an interest in,  or, if you need it in a fee  and why you need it  what you are planning to do with it, o in this situation, the Board would inform the property owner that they have the right to get their own appraisal, as long as they submit it in accordance with the proper eminent domain standards and they submit it within a certain period of time. o The Board would have an obligation to reimburse them. Rich explained that the Board would make an offer to the property owner based on an appraisal. Sometimes the landowner gets an appraisal, and there is an opportunity to negotiate with the two appraisals and a deal can be reached. He explained that in the event that the Board has a situation where no agreement is reached, the steps include: a series of offers, giving the property owner period of time to respond, and if a deal cannot be reached, then the Board is legally authorized at that point to move forward with eminent domain. Rich explained the steps in Exercising Eminent Domain Generally (refer to the slides). The Board would file an action in State District Court, and it would be filed in Larimer County.  A petition would be filed, and in that proceeding, the government will want to obtain immediate possession or immediate title to move forward with this project and build it. o If so, a hearing with a judge is usually 30 to 90 days. o At the hearing, the government bears the burden to prove certain elements (see slides)  If the authority satisfies its burden, it gets immediate title or possession pending a final determination as to the value  A valuation trial is set usually 6 to 18 months after an immediate title or possession hearing. Rich stated he recognizes this is a wide span, the reason is there are many things outside of your control. He stated each Judge sets their own particular docket. That is the process and now Rich is open to questions. Commissioner Draper asked how long does this typically take, and what is the worst-case scenario? Draper clarified, from the start to today going through the entire process. Rich stated, typically anywhere from 18-24 months, it could be quicker, but it depends on the docket. 9 Section H, Item 1. City of Fort Collins Page 469 Chair Arndt asked: Do you have to have firm plans, how specific? Rich stated; Yes, a project needs to be consistent with your Board. Chair stated that has to be the project that moves forward, yes? Rich stated he has not seen the Board’s plan, and shared that whatever the Board described as the efforts to eliminate blight in this particular area under the plan. Stated as long as the Board is consistent with that plan that would be a sufficient project. Rich also stated that the plan can always be amended. Clay shared a statement to remind the Board that they are there to talk about getting permission to negotiate a consensual sale. Clarified, we are not talking about eminent domain tonight. That is not what the resolution does today. Today was to provide the Board an overview of what that process looks like to understand that they are setting themselves up for that process in the event that these negotiations do not go well. The last time the Board had received permission to do anything related to this process was back in July 2022. It was a very general direction from the Board. This included obtaining appraisals and begin discussions with property owners. It was to not negotiate anything with the property owners, and there was a third action that he cannot recall. The main point he stressed was that they did not receive permission from the Board to actually start negotiating a price with the property owners. The follow-up from this meeting, should the Board choose to pass the resolution is to work with the legal counsel on what the form of that offer should look like. As well if they should start to talk dollars and cents, they may want to bring this back to the Finance Committee at some point for discussion as it will impact the URA finances. Note: This will require a lot more additional discussion and an additional resolution to move forward with purchasing the site. Clay stated there is an action that Rich could answer. Resolution Overview  Resolution authorizes continued negotiations to acquire property.  If negotiations are unsuccessful, Board can consider using eminent domain. o Will require additional resolution and discussion Staff recommends the adoption of the resolution. Clay started to answer Chairs’ question: Urban renewal plans, like the South and North College, were written quite broadly to allow them to undertake a lot of different actions that can remediate blight. From the staff’s perspective, if they were to take and acquire this site and put active uses in there, and make improvements to the site, it would be remediating the blight in a way that would be consistent with the Urban Renewal Plan. If the Board really wanted to amend the plan, he shared they probably could do that. But the plan as written would give them enough direction to move forward with this.  PUBLIC PARTICIPATION - Public in attendance. One person. 10 Section H, Item 1. City of Fort Collins Page 470 Interim Executive Director Birks stated the Board is taking comments at this time.  Jan Stallones: She is a resident of the North College corridor. She shared she has multiple interests including the status of the Albertsons’ property and its trend toward blight. Second , are the needs of the underserved populations and the needs of the unsheltered populations that are in the corridor. She stated she is very concerned about those needs being met. Finally, she is concerned about the integrity of the neighborhoods in this area and the health and viability of the really great businesses that are in this area. The concern is she understood that there was a 30-year lease on the property, and she wonders if they end up acquiring this property in either of these methods if that lease would maintain, and that property might just still stay empty. Rich answered the question for public comment. One of the rights the Government has if it needs to condemn. It is defining what it is promoting, and what its project is. Basically, the decision is up to the Board. Some Urban Renewal Authorities will take the property subject to existing encumbrances and leases because that works for them. If this Board decides that a long-term lease is not consistent with eradicating blight on this property, it would just condemn that lease out, if they felt that was appropriate. Vice Chair Wise stated that this is not a new Urban Renewal Plan. This is several years old and has been in place for a long time. Stated this is a project within the plan. He stated what we are really considering is this the best use of those funds which the Board will receive. He also stated that the Board has had extensive engagement over several years with several groups from the North College area who would be impacted by this. There was a lot of feedback gathered. Commissioner Stephens thanked Patricia for speaking earlier. Stated that there was a lot of outreach. Stated she was sad about the disappointment with Aztlán Center. She shared her feels that this proposed project will be more in tune with what the residents will be looking for. She stated she supports this moving forward and appreciates the outreach that Clay has done and there is a lot of trust in the City government. The final statement from Vice Chair Wise brought up how the agreement is written. If the Board reaches an agreement with one of the small properties on either end, but not Albertsons. Staff is proposing that we proceed with that. He asked that everyone please think about that. He shared, about the wing properties would, the agreement be reached would have to be contingent upon them being able to close successfully on the Albertsons’ property. He stated, I do not think the board would want to purchase one of the wings without the core property. Commission Pignataro asked if they could give what the next steps are. Clay stated the next steps are opening up negotiations with the property owners. In res ponse to Vice Chair Wise, Clay stated, that he does not think staff would want to move forward with just one of the wing properties. After the negotiations with property owners, there will be several other actions with the board. Overall, the next step is simply communication and putting an initial offer on the table that is in line with the appraisals Interim Executive Director Birks stated if they were capable of arriving at an agreed-upon price with one or more of the properties to purchase and sale agreement would have to come back to the Board for approval, as well as the appropriation of the dollars, necessary to acquire the 11 Section H, Item 1. City of Fort Collins Page 471 property. Birks suggested that a consensual agreement with one or more properties, and that would reduce the non-consensual acquisition that they may need to make. Therefore, you may want to state as Vice Chair Wise, that any purchase and sale agreement should include a contingency that the Board would be able to acquire all the properties that you are interested in. Birks stated that I would not amend tonight’s resolution because if we were able to say, come to an agreement with one of the wing properties, and they would accept that condition of not closing until the Board were able to acquire Albertsons’ property and they had to go through an Eminent Domain process to acquire that particular piece. Vice Chair Wise, stated he concurred and wants to be sure that the Board is transparent with everybody, including the owners of the secondary and tertiary properties, that any agreement with them is going to be contingent upon reaching a satisfactory conclusion with the Albertsons’ property. RESULT: RESOLUTION NO. 124 ADOPTED (UNANIMOUS: 6-0) MOVER: Julie Pignataro SECONDER: Tricia Canonico AYES: Arndt, Wise, Ohlson, Pignataro, Canonico, Draper EXCUSED: Francis, Peel, Gutowsky (remote-unable to vote), Wise (remote-unable to vote), Stephens (remote-unable to vote), Smith (remote-unable to vote)  OTHER BUSINESS None.  ADJOURNMENT The meeting adjourned at 5:45 p.m. ______________________________ Chair ATTEST: _______________________________ Secretary 12 Section H, Item 1. August 24, 2023 AGENDA ITEM SUMMARY Urban Renewal Authority STAFF Clay Frickey, Redevelopment Program Manager SUBJECT Resolution No. 125 Accepting the Appointment of a Commissioner to the Authority. EXECUTIVE SUMMARY The purpose of this item is to accept the appointment of a Commissioner representing the special districts to the Authority Board. In January 2023, Joe Wise resigned his position on the Poudre River Library District Board of Trustees. This resignation created a vacancy on the Authority Board representing the special districts levying a mill levy within the boundaries of the urban renewal authority area. On January 30, 2023, the special districts appointed Fred Colby from the Poudre River Library District Board of Trustees to the Authority Board. STAFF RECOMMENDATION Staff recommend adoption of the resolution. BACKGROUND / DISCUSSION In January 2023, Joe Wise resigned his position on the Poudre River Library District Board of Trustees. This resignation created a vacancy on the Authority Board representing the special districts levying a mill levy within the boundaries of the urban renewal authority area. On January 30, 2023, the special districts appointed Fred Colby from the Poudre River Library District Board of Trustees to the Authority Board. This resolution would accept Fred Colby’s appointment to the Authority Board. ATTACHMENTS 1. Resolution for Consideration 2. Representation Memo 13 Section H, Item 2. 25931229 1 RESOLUTION NO. 125 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY ACCEPTING THE APPOINTMENT OF A COMMISSIONER TO THE AUTHORITY WHEREAS, the Fort Collins Urban Renewal Authority (the “Authority”) was established in 1982 under and in accordance with the Colorado Revised Statutes (“C.R.S.”) § 31-25-101, et seq. (the “Urban Renewal Law”); and WHEREAS, H.B. 15-1348 effected changes to Urban Renewal Law, C.R.S. § 31-25- 101, et. seq., including the provisions establishing membership of the boards of urban renewal authorities; and WHEREAS, C.R.S. § 31-25-104(2.5) provides, in part, that one of the Commissioners of the Authority must 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 WHEREAS, the Poudre River Library District (the “Library District”) is a special district levying a mill levy within the boundaries of the urban renewal authority area; and WHEREAS, during his term as a board member of the Library District, Joe Wise served as a Commissioner on the Authority until March 31, 2023, when he ceased to serve on the board of the Library District and ended his term as a Commissioner on the Authority; and WHEREAS, on January 30, 2023, the Commissioners of the Authority received written notification from the Library District of the appointment of Fred Colby, the President of the Library District Board, as a Commissioner on the Authority for the duration of Fred Colby’s term on the Library District Board, which shall end on March 31, 2024; and WHEREAS, this January 30, 2023, notification included an acknowledgement from Chris Sheafor of the Health District of Northern Colorado agreeing to Fred Colby serving in this position on behalf of the special districts and indicating that neither district has been able to contact or obtain acknowledgment from Northern Water, as was the case at the time of Joe Wise’s appointment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. Pursuant to C.R.S. § 31-25-104(2.5), the Authority accepts and recognizes the appointment of Fred Colby to this Authority until Fred Colby is replaced by the Library District, or until Fred Colby’s term on the Library District Board has ended. Section 3. A copy of this Resolution on file with the Authority Secretary shall serve as a certificate of such appointment pursuant to C.R.S. § 31-25-104(2)(b). 14 Section H, Item 2. 25931229 2 Section 4. This Resolution shall be effective upon approval by the Authority. Passed and adopted at a regular meeting of the Board of Commissioners of the City of Fort Collins Urban Renewal Authority this 25th day of August, 2023. __________________________________ Jeni Arndt, Chair ATTEST: ___________________________________ Secretary 15 Section H, Item 2. MEMO DATE: January 30, 2023 TO: Fort Collins Urban Renewal Board FROM: Poudre River Public Library District RE: Special Tax District Representation on Fort Collins Urban Renewal Authority Board of Commissioners Effective March 31, 2023, Joe Wise will no longer be serving on the Poudre River Public Library District Board of Trustees and will also end his term as the representative from the "Special Tax Districts" on the Fort Collins Urban Renewal Authority Board of Commissioners, where he presently serves as vice-chair. Fred Colby, Library District Board President, has agreed to step in as Special District representative for the duration of his term on the Library District Board which will end on March 31, 2024. Acknowledgement from Chris Sheafor, Health District of Northern Colorado: I talked to our Board last night about the Special District member for the URA Board, and they are happy to have Fred Colby represent us. Their one question was about how well the Library District fulfilled this role in the past. After my description of your outstanding service, they were happy to have your organization be the representative. I have not been able to get in touch with Northern Water, but given the direction from my Board, and Northern Water’s lack of interest up to this point, I feel it is appropriate for Fred to serve in this role. Let me know if you have any questions or need anything else. Chris January 25, 2023 16 Section H, Item 2. August 24, 2023 AGENDA ITEM SUMMARY Urban Renewal Authority STAFF Clay Frickey, Redevelopment Program Manager SUBJECT Resolution No. 126 Appointing a Vice Chair and a New Member to the Board Finance Committee. EXECUTIVE SUMMARY The purpose of this item is to appoint a Vice Chair to the Urban Renewal Authority Board and a new member to the Board Finance Committee. The Board is without a Vice Chair and has a vacancy on the Finance Committee due to a Commissioner resigning their seat on the Poudre River Public Library District Board of Trustees. STAFF RECOMMENDATION Staff recommends adoption of the resolution. BACKGROUND / DISCUSSION Per the bylaws of the Board of Commissioners of the Fort Collins Urban Renewal Authority, the Board must have a Vice Chair. Article 2, Section 1 of the bylaws outlines the duties of the Vice Chair. The bylaws state: The Vice Chair shall be a commissioner on the Board elected by a majority of the Board. The Vice Chair shall serve a term contemporaneous with the term of the office for the Mayor of the City of Fort Collins, provided that the Vice Chair shall serve until a successor has been elected to the office of Vice Chair, Except for the first election of a Vice Chair under these Bylaws, which shall occur no later than the Authority’s first meeting after these Bylaws are approved by the Board, the Board shall elect a Vice Chair at its first meeting after a newly elected Mayor has taken his or her oath of office, The Vice Chair shall perform the duties of the Chair in the temporary absence or disability of the Chair. The Board is without a Vice Chair due to a Commissioner resigning their seat on the Poudre River Public Library District Board of Trustees. Adoption of this Resolution will ensure the Board has a Vice Chair that is able to fulfill its role as outlined in the bylaws for the Board. The Fort Collins Urban Renewal Authority Finance Committee purpose is to consider financial policy issues facing the Authority and makes recommendations regarding those issues to the Urban Renewal Authority (URA) board of commissioners. There is currently a vacancy on the Finance Committee due to a Board member resigning their seat on the Poudre River Public Library District Board of Trustees. Adoption of this resolution would ensure the Finance Committee has an odd number of members (5) that would prevent split votes and ensure representation of the various interests on the Authority Board. ATTACHMENTS 1. Resolution for Consideration 17 Section H, Item 3. 25931207.1 1 RESOLUTION NO. 126 OF THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY APPOINTING A VICE CHAIR AND A NEW MEMBER TO THE BOARD FINANCE COMMITTEE WHEREAS, the Fort Collins Urban Renewal Authority (the “Authority”) was established in 1982 under and in accordance with the Colorado Revised Statutes (“C.R.S.”) § 31-25-101, et seq. (the “Urban Renewal Law”); and WHEREAS, on November 7, 2019, the Board of Commissioners of the Authority (the “Board”) approved Resolution No. 103, which adopted the Board’s restated and amended bylaws (the “Bylaws”); and WHEREAS, on May 27, 2021, the Board approved Resolution No. 115, which elected Commissioner Joe Wise to serve as the Vice Chair of the Board, and Commissioner Wise’s term on the Board has ended; and WHEREAS, pursuant to Section 4 in Article II of the Bylaws, it is necessary for the Board to select a new Vice Chair; and WHEREAS, Section 3 in Article III of the Bylaws provides that the Board may, from time to time, create either standing or ad hoc committees as deemed appropriate and appoint the members of such committees; and WHEREAS, there is currently a Board Finance Committee whose purpose is to consider financial matters facing the Authority and make recommendations regarding those issues to the Board; and WHEREAS, on January 27, 2022, the Board approved Resolution No. 119, which affirmed the appointments of or appointed the following Commissioners as the members of the Board Finance Committee: Jeni Arndt, Tricia Canonico, Kristin Draper, Kelly Ohlson, and Joe Wise; and WHEREAS, in light of the vacancy created by the term of Commissioner Wise on the Board concluding, the Board desires to make a new appointment to the Board Finance Committee. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL AUTHORITY: Section 1. The foregoing Recitals are incorporated herein by this reference. Section 2. Commissioner _________________ is hereby elected by a majority of the Board to serve as Vice Chair of the Board for a term contemporaneous with the earlier of their personal term on the board or the term of the office for the Mayor of the City of Fort Collins. 18 Section H, Item 3. 25931207.1 2 Section 3. Commissioner __________________ is hereby appointed to serve on the Board Finance Committee to fill the aforementioned vacancy until such Commissioner’s resignation or removal, or until such time as the Board may decide to make new appointments. Section 4. This Resolution shall be effective upon approval by the Authority. Passed and adopted at a regular meeting of the Board of Commissioners of the City of Fort Collins Urban Renewal Authority this 25th day of August, 2023. _________________________________ Jeni Arnt, Chair ATTEST: _____________________________ Secretary 19 Section H, Item 3.