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CITY MANAGER’S OFFICE
Reference: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BRIGHTON, COLORADO ELIMINATING ALTERNATE COMMISSIONERS TO THE BRIGHTON URBAN RENEWAL AUTHORITY BY RESCINDING RESOLUTION No. 09-22
To: Mayor Kenneth J. Kreutzer and Members of City Council
Through: Philip A. Rodriguez, City Manager
Prepared By: Jack Bajorek, City Attorney
Through: Marv Falconburg, Assistant City Manager, Ryan Johnson, Executive Director of Urban Renewal,
Date Prepared: August 15, 2018
PURPOSE
Requesting City Council approval of Resolution No. ____ formally rescinding Resolution No. 09-22 regarding the use of alternates on the Brighton Urban Renewal Authority.
STRATEGIC FOCUS AREA
Innovative, Data-Driven, Results-Focused City Government.
BACKGROUND
The City Council established and created the Brighton Urban Renewal Authority (BURA) in 2001. Shortly thereafter, the City Council transferred the membership to a separate authority of seven commissioners via Resolution No. 01-70. In 2008, the City Council increased the membership from seven to nine members through the adoption of Resolution No. 08-26. Finally, in 2009, the City Council added two alternates to the Board through the adoption of Resolution No. 09-22.
The Brighton Urban Renewal Authority is an urban renewal authority organized pursuant to Colorado’s Urban Renewal Law, C.R.S. § 31-25-101. As a creature of statute, and in the absence of express permission by the law to appoint and use alternate members, Staff suggests that there is no legal authority for the use of alternates.
Staff is respectfully requesting this action at this time as bringing the composition of the Board in to compliance with state statute now will position the Board favorably for a future date when full compliance with HB-15-1348 becomes necessary either due to a substantial modification of an existing urban renewal plan, the creation of a new urban renewal area and plan or a substantial change in the membership of the Board occurs.
Staff have been working with the City Attorney as well as the Interim City Attorney to address this item and recommend this action. Approval of this resolution supports an Innovative, Data-Driven, Results-Focused City Government by continually reviewing business practices against adopted laws and statutes and seeking to comply with those legal and statutory requirements.
FINANCIAL IMPACT
$0
STAFF RECOMMENDATION
Staff recommends approval of Resolution No. _____ formally rescinding Resolution No. 09-22 and removing alternates from the Brighton Urban Renewal Authority. This recommendation is based on legal advice provided to Staff and the City Council and is in the best interest of the City of Brighton.
OPTIONS FOR COUNCIL CONSIDERATION
Ø Approval as presented
Ø Reject
Ø Amend the resolution
Attachments:
Ø Resolution