Commissioners Robert Shonkwiler and Tiffany Colvert recused themselves before the presentation.
Mrs. Anne Ricker, Ricker/Cunningham presented the updated County Impact Report and updated Urban Renewal Plan after the review changes made by Mr. Jim Rees, Mr. David Neville and Mr. Paul Benedetti the property owner’s attorney.
Ms. Anne Ricker went over the changes to the Urban Renewal Plan:
• The Area was reduced down from 353 parcels to 240 parcels and reduced acres from 208 to 96 acres. The area to the north of I-25 was removed. The plan area map has been revised to reflect the change.
• Ms. Anne Ricker stated the attorneys are reading this plan keeping in mind the legislative changes that will take place after January 1, 2016 due to HB 1348. The attorneys are being very specific in the language. They clarified the definition of Act from as amended, to, as currently in effect.
• Demolition costs for existing buildings before adoption of the plan, clarified that it would be an eligible expense.
• Ms. Anne Ricker stated that they changed the 1% Tax Increment Financing to 2%.
Mr. Bob Cope entered the meeting.
Commissioner Nolan Schriner asked Commissioner Merv Bennett if it was a city policy not to use eminent domain. Commissioner Merv Bennett stated that City Council has stated they do not want to use it. Mr. David Neville stated the URA Plan strictly prohibits the use of eminent domain in the plan which would normally state that eminent domain is authorized if approved by City Council. He further stated the plan was written this way at the request of some of the developers. Chair Wynne Palermo stated a motion would be made to add the use of eminent domain at the discretion of the City Council to modify the URA plan at the end of the presentation. Commissioner Merv Bennett stated that City Council would not support the use of eminent domain for any private purposes, eminent domain would only be considered for public benefit.
Mr. David Neville referenced the second paragraph of 6.12 which was added to address HB-1348 that has a parenthetical (up to 100% of the Sales Tax Increment being hereby authorized by the Plan). Mr. David Neville stated it is a legal point that if you authorize 100% now and do something less in the future will it impact HB-1348. He further stated that the Board should agree on the sales tax amount if possible before the end of the year.
Commissioner Merv Bennett left the meeting.
Bob Cope stated that Mr. Paul Benedetti put it in there strategically and would not recommend changing it without a very compelling reason.
Mr. David Neville stated it has both economical and legal input into it, whether you could go into 2016 and then change the sales tax sharing arrangement and still comply with HB-1348 without renegotiating everything, he feels uncomfortable with.
Ms. Carrie Bartow stated that the exact amount is not determined in the plan that we are not asking for 100% but up to 100%.
Commissioner Merv Bennett returned to the meeting.
A motion was made by Commissioner Peter Scoville, seconded by Commissioner Valerie Hunter to approve a resolution of the Colorado Springs Urban Renewal Authority recommending approval of the South Nevada Avenue Urban Renewal Area and Urban Renewal Plan as amended. The motion carried 7-0 with Commissioners Robert Shonkwiler and Tiffany Colvert recused.
Commissioners Robert Shonkwiler and Tiffany Colvert returned to the meeting.