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HomeMy WebLinkAbout061 - 06/07/2022 - TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF DIRECTORS ON THE BOARD OF DIRECTORS OF THE FORT COLLINSORDINANCE NO.061, 2021 OF THE COUNCIL OF THE CITY OF FORT COLLINS TO INCREASE FROM FIVE TO SEVEN THE NUMBER OF DIRECTORS ON THE BOARD OF DIRECTORS OF THE FORT COLLINS TOURISM IMPROVEMENT DISTRICT AND TO MAKE AN APPOINTMENT FOR ONE OF THE NEW DIRECTOR POSITIONS WHEREAS, on August 4, 2021, the City Council adopted Ordinance No. 097, 2021 ("Ordinance No. 097") establishing the Fort Collins Tourism Improvement District (the "District"); and WHEREAS, Ordinance No. 097 was amended on December 7, 2021, by City Council's adoption of Ordinance No. 161, 2012, ("Ordinance No. 161"), which amendment corrected a typographical error in Section I 1 Ordinance No. 097 concerning the ending date for the term of the District's lodging fee; and WHEREAS, Ordinance No. 097 and Ordinance No. 161 shall be jointly referred to herein as the "Establishment Ordinance"; and WHEREAS, City Code Section 22-164(a) provides that tourism improvement districts shall have a board of five to nine directors as specified in their establishment ordinance; and WHEREAS, Section 7 of the Establishment Ordinance currently states that the board of directors of the District (the "District Board") shall consist of five directors who must all be "electors" in the district, as defined in City Code Section 22-153, of which five directors, three must be affiliated with a large full service lodging business within the District, one must be affiliated with a small limited -service lodging business within the District, and one must be affiliated with a boutique or specialty lodging business within the District; and WHEREAS, on April 26, 2022, the District Board adopted the resolution attached as Exhibit "A" requesting that the City Council amend Section 7 of the Establishment Ordinance to expand the membership on the District Board from five to seven directors with the two added directors each serving a three-year term and being an elector of the District who is affiliated with any type of lodging business in the District; and WHEREAS, on April 26, 2022, the District Board also adopted the resolution attached as Exhibit "B" nominating and recommending that Abbie Stout, the owner of the Edwards House, be appointed by City Council to one of the two new director positions to serve a three-year term; and WHEREAS, Abbie Stout, as the owner of the Edwards House, is an elector of the District who is affiliated with a lodging business within the District and, therefore, qualified to serve as a director on the District Board; and WHEREAS, the District Board has not yet identified a qualified person to nominate and recommend for the second new director position but expects to do so in the near future; and WHEREAS, adoption of this Ordinance is in the best interest of the City and necessary for the District's effective operation in the future. NOW, THEREFORE, BE IT ORDAINED 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 Section 7 of the Establishment Ordinance is hereby amended to read in full as follows: Section 7. Appointment of Directors. Beginning September 1, 2021, the District's Board has consisted of five (5) Directors who are Electors of the District having these additional qualifications: (i) three (3) Directors must be affiliated with a large full -service Lodging Business in the District; (ii) one (1) Director must be affiliated with a small limited -service Lodging Business in the District; and (iii) one (1) Director must be affiliated with a boutique or specialty Lodging Business in the District. Commencing June 17, 2022, the number of Directors on the District Board shall be increased from five (5) to seven (7) Directors. The two (2) new Directors shall be Electors but may be affiliated with any type of Lodging Business in the District and shall serve a three-year term beginning on the effective date of their appointment by the City Council. The following Electors were appointed as the District's initial five (5) Directors to serve on its Board for the staggered terms stated below by the City Council's adoption of Ordinance No. 097, 2021: (a) Daniel Benton, affiliated with the Fort Collins Hilton, a large full -service Lodging Business, for a one (1) year term; (b) Danielle Lowry, affiliated with the Hampton Inn, a small limited -service Lodging Business, for a two (2) year term; (c) Dragan Andrejic, affiliated with The Elizabeth, a large full -service Lodging Business, for a two (2) year term; (d) George Prine, affiliated with The Armstrong, a boutique/specialty Lodging Business, for a three (3) year term; and (e) Sandra Fredrickson, affiliated with the Fort Collins Marriott, a large full - service Lodging Business, for a one (1) year term. The terms of these initial Directors commenced on September 1, 2021. On April 19, 2022, the City Council adopted Resolution 2022-052 appointing Aryell Mattern as a Director on the District Board to fill the vacancy left by the -2- resignation of Drajan Andrejic from the District Board. Aryell Mattern is an Elector of the District affiliated with Fairfield Inn and Candlewood Suites in Fort Collins. both of which are large full -service Lodging Businesses in the District. Director Mattern was appointed to finish Director Andrejic's term ending September 1, 2023. Upon the expiration of the initial terms, successor Directors shall be appointed by the City Council by resolution for terms of three (3) years unless the appointee is being appointed to finish the term of a Director who has left the Board for any reason before the expiration of their term and, in such case, the appointee shall only be appointed to finish the term of the departed Director. Section 3. That the City Council hereby appoints Abbic Stout to fill one of the two new director positions on the District Board as an elector of the District who may by affiliated with any type of lodging business in the District, and this appointment shall be for a three-year term beginning on June 17, 2022 and ending on June 17, 2025. Section 4. That except as amended and approved herein, the Establishment Ordinance shall remain unchanged and in full force and effect. Introduced, considered favorably on first reading, and ordered published this 17th day of May, A.D. 2022, and to be presented for final passage on the 7th day of June, A.D. 2022. ATTEST: City Clerk 6/ Njeyor Passed and adopted on final reading on this 7th day of June, A.D. 2022. ATTEST: City Clerk � -3- FORT COLLINS TOURISM IMPROVEMENT DISTRICT RESOLUTION TO INCREASE BOARD OF DIRECTORS WHEREAS, the Fort Collins Tourism Improvement District (the "District") was created by the City of Fort Collins (the "City") Ordinance (No. 097) dated August 4, 2021 (the "Establishing Ordinance") to fund and provide certain tourism services and improvements for the benefit of lodging businesses within the District; and WHEREAS, in the Initial Plan of the District as approved by and incorporated into the Establishing Ordinance, an initial Board of Directors consisting of 5 qualified electors was.called for and created; and WHEREAS, pursuant to the Initial Plan, in the Establishing Ordinance, the City appointed 5 individuals to serves as the Board of Directors of the District, with the requirement that three directors be affiliated with a large full -service Lodging Business; one director be affiliated with a small limited -service Lodging Business; and one director affiliated with a boutiquetspecialty Lodging Business; and WHEREAS, the Initial Plan also contemplated the potential expansion of the Board beyond 5 members, with any such added Board members being qualified electors of the District affiliated with a Lodging Business in the District, but not required to be affiliated with a particular type of Lodging Business in the District; and WHEREAS, the District and the public would be better served by having broader representation on the Board from interested electors throughout the District; and WHEREAS, the District desires to seek to have the City expand the number of Board members from the current 5 members to a Board of 7 members. WHEREAS, the District approved a Resolution to expand the number of Board members from the current 5 members to a Board of 7 members at the Board of Directors Meeting on March 24, 2022 ("March Resolution"), such that the District would have an additional 2 Board members. WHEREAS, the March Resolution did not contain the desired terms for the 2 additional Board members, and contained certain language regarding such additional Board members, which may be construed as permitting such additional Board members to have no affiliation with any Lodging Business within the District. WHEREAS, the District desires to clarify the language in the March Resolution to confirm the District's intent to request that the City allow the additional Board members to be affiliated with any Lodging Business in the District and to further confirm the District's intent to request that the additional Board members each serve three (3)-year terms. WHEREAS, the District now desires to restate its renewed request that the City expand the number of Board members from the current 5 members to a Board of 7 members, and permit the additional Board members to be affiliated with any Lodging Business in the District, and that the City approve three (3)-year terms for each of the additional Board members. EXHIBIT A NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Fort Collins Tourism Improvement District, within the City of Fort Collins, Larimer County, Colorado, as follows: 1. The March Resolution is hereby replaced by this Resolution To Increase Board of Directors. 2. The best interest of the District and the public will be served by an expansion of the number of Board members from the current 5 members to a Board of 7 members. 3. The Initial Plan of the District contemplates an expansion of the Board beyond the initial 5 members, and contemplates that any added Board members would be qualified electors, but may be affiliated with any type or category of Lodging Business within the District, rather than a designated type or category of Lodging Business. 3. Request should be, and by this Resolution is hereby made of the City to adopt/enact an amendment to the Establishing Ordinance changing the number of Board members of the District from 5 to 7, with the additional Board members each serving three (3)-year terms, and permitting such additional Board members to be affiliated with any type of Lodging Business in the District as long as such additional members are qualified electors of the District. ADOPTED AND APPROVED this 26a' day of April, 2022. FORT COLLINS TOURISM DISTRICT A 07 ATTEST: By: 6S - Danielle Lowry, t1t ary Prine DN SM730&1 EXHIBIT B FORT COLLINS TOURISM IMPROVEMENT DISTRICT NOMINATING RESOLUTION WHEREAS, the Fort Collins Tourism Improvement District (the "District") was created by the City of Fort Collins (the "City') Ordinance (No. 097) dated August 4, 2021 (the "Establishing Ordinance') to fund and provide certain tourism services and improvements for the benefit of lodging businesses within the District; and WHEREAS, in the Establishing Ordinance, the City appointed five (5) individuals to serve as the Board of Directors of the District, with the requirement that three (3) directors be affiliated with a large full -service Lodging Business; one (1) director be affiliated with a small limited service Lodging Business; and one (1) director affiliated with a boutique/specialty Lodging Business; and WHEREAS, since the appointment of the five (5) Board members, and concurrently with this Nominating Resolution, the District has approved a Resolution to Increase the Board of Directors requesting that the City amend the Establishing Ordinance to expand the Board of the District from five (5) Board members to seven (7) Board members and to allow such additional Board members to be affiliated with any type of Lodging Business in District; and WHEREAS, expressly contingent upon the City's amendment of the Establishing Ordinance to expand the Board of Directors from five (5) Board members to seven (7) Board Members and to allow such additional Board members to be affiliated with any type of Lodging Business in District, the District desires to fill one (1) of the two (2) additional Board seats with a qualified elector of the District; and WHEREAS, the District has identified an elector who is qualified and interested in serving on the District Board. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the Fort Collins Tourism Improvement District, within the City of Fort Collins, Larimer County, Colorado, as follows: 1. Expressly contingent upon the City's amendment to the Establishing Ordinance approving the expansion of the Board of Directors from five (5) Board members to seven (7) Board members and allowing such additional Board members to be affiliated with any type of Lodging Business in District, the Board of the District desires to fill one (1) of the two (2) additional Board seats with a qualified elector of the District. 2. The filling of an additional seat on the Board is in the best interest of the public and the District. 3. The following individual is a qualified elector of the District, who has indicated a willingness to serve on the District Board: a. Abbie Stout (Owner, The Edwards House). EXHIBIT B 4. The above identified individual is affiliated with a Lodging Business and thus is fully qualified to serve as a Board member. 5. The Board therefore desires and does hereby nominate for appointment by the City, Abbie Stout to serve as a Board member. ADOPTED AND APPROVED this 26th day of April, 2022. FORT COLLINS TOURISM DISTRICT !1 By: ATTEST: By: 6"6 Danielle Lowry, Soetary George Prine DN 6543815.1