HomeMy WebLinkAbout2018-044-05/01/2018-CONFIRMING AND APPROVING THE APPOINTMENT OF ANDY SMITH TO THE BOARD OF COMMISSIONERS OF THE FORT COL RESOLUTION 2018-044
OF THE COUNCIL OF THE CITY OF FORT COLLINS
CONFIRMING AND APPROVING THE APPOINTMENT OF ANDY SMITH TO THE
BOARD OF COMMISSIONERS OF THE FORT COLLINS URBAN RENEWAL
.AUTHORITY AS PROVIDED IN COLORADO'S URBAN RENEWAL LAW
WHEREAS, on January 5, 1982, City Council adopted Resolution 1982-010
establishing within the City of Fort Collins, Colorado (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 thl ee 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, a new urban renewal plan is being proposed for properties located at and near
the College Avenue and Drake Road intersection, the approval of which will require, among
other things, that the URA Board first commission a blight study of the proposed plan area and
that the City Council conduct a public hearing to make the blight determination required by the
Act before the new plan can be approved by Council (the "New URA Plan"); and
WHEREAS, before either of these actions can be taken, the Act requires that the
membership on the URA Board be expanded to include an appointment by the Larimer County
Board of Commissioners (the "County Appointment"), a joint appointment by the Poudre
School District and the Thompson School District (the "School District Appointment") and an
agreed appointment by all of the special districts levying property taxes within the Authority's
boundaries (the "Special District Appointment"); and
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WHEREAS, since these three new appointments will increase URA Board membership
to ten, an even number,the Act requires 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 has previously 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, the candidate interviews under this process have been completed by Mayor
Wade Troxell and Councilmember Kristin Stephens and they recommend that Andy Smith be
appointed to the URA Board; and
WHEREAS, Mayor Troxell also intends that this recommendation is his appointment of
Andy Smith to the serve on the URA Board as provided in the Act; and
WHEREAS, the City Code provisions governing the Authority are in Division 4 in Article
IV of City Code Chapter 2 (the "URA Code"); and
WHEREAS, contemporaneous with City Council's consideration of this Resolution,
Council is considering on first reading Ordinance No. 061, 2018, to repeal and reenact the URA
Code to provide, among other things, for the new membership on the URA Board now required
by the Act, including the Mayor's appointment to restore the membership of the URA Board to
an odd number and that such appointment shall be for a four-year term'(the "URA Ordinance").
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 Troxell's appointment of Andy Smith to serve as a
commissioner on the URA Board, as also recommended by Councilmember Stephens, is hereby
confirmed and approved by the City Council. Mr. Smith's appointment shall be effective on and
his term of office shall run from the effective date of the URA Ordinance.
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Passed and adopted at a regular meeting of the.Council oft Collins this 1 st
day of May, A.D. 2018. "
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