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HomeMy WebLinkAboutDowntown Development Authority - Minutes - 10/08/1998DOWNTOWN DEVELOPMENT AUTHORITY Directors' Meeting Kermit Allard, Char 482-1893 (W) Chuck Warmer, Council Liaison 484-0810 (H) Anne Garrison, Staff Liaison 484-2020 (W) MINUTES OF OCTOBER 8, 1998 The Board of Directors of the Downtown Development Authority met at 11:00 a.m. on October 8, 1998 in the Conference Room of the Edwards House Bed & Breakfast - 402 West Mountain Avenue, Fort Collins, CO 80521 PRESENT There were present: Kermit Allard, Chair Mary Brayton, Vice Chair Jason Meadors, Secretary Greg Belcher, Treasurer Steve Slezak Chuck Wanner Larry Stroud Margaret Brown John Pitner STAFF Chip Steiner, Consultant Anne Garrison Lucia Liley, Counsel GUESTS Ann Tumquist, Mike Powers, Wendy Irving Mills, Jack Gianola, Doug Gennetten CALL TO ORDER Mr. Allard called the meeting to order at 11:10 a.m. and roll call was taken. DDA MINUTES PAGE 2 APPROVAL OF A motion was made by Ms. Brayton to approve the minutes of September 3, MINUTES 1998. This was seconded by Mr. Pitner and carried unanimously. PERFORMING ARTS Mr. Powers explained that of the five capital improvements approved by voters, & LIBRARY SITES there is sufficient funding for the library and Performing Arts site purchases only. Monies not needed for land acquisition may be used for the design. The Main library built in 1976 was undersized then, and Could not begin to address the needs of a much greater populace. The opening of the Harmony branch has secured some much needed additional space for an overall total of 63,000 square feet. Bids for the Library have been received and presented to City Council, but at its request the search is ongoing. The three sites under review at this time are as follows: The current Library site - considered on one hand, the least desirable, is however feasible and already owned by the City. The downside would be the neighborhood does not desire such a huge facility in its midst, and a serious lack of parking, especially if the facility were enlarged, would be a a factor. 100,000 square feet is projected which is three times the size of the current building, plus which there is an 8 ft water table underneath it, which may or may not be able to support a structure of that size. • The second site is Block # 13. The plan would be to wrap the Library around the existing parking garage. There are multiple owners in this area, some who may be more compliant than others. One of the nicest features is that the Library becomes a part of Old Town. Three to four hundred visitors an hour to the Library is bound to have a positive impact on other businesses, as people combine a trip to the Library with shopping, eating and visiting the area. Parking would still be a problem and something which is a recurring theme anywhere downtown. • Block #32 - Also the projected site of the the new City office building. There are some real problems with regard to ownership of businesses already established, if this site is considered. Mr. Steiner shared that the old Senior Center was for sale, and suggested that it might be worth the City's consideration. This was so noted by Mr. Powers. Performing Arts Center The focus at this time has narrowed to three sites, they are as follows: • Block #31 - north of the Justice Center • Triangle block - College, Jefferson and Pine - bounded by McC7uskey's Dairy • Armadillo site - Intersection of Mountain and Jefferson Concern was expressed over the first site presented because of its proximity to the railroad track, and the noise factor. Mr. Belcher inquired whether or not a subterranean structure might be considered. DDA MINUTES PAGE 3 NEW CITY OFFICE BUILDING Ann Turnquist outlined the project which is intended to consolidate many of the City offices currently spread throughout town. The plan calls for a 70,000 square foot, four story building. The R.F.P's are slated to go out in November and it is hoped the design will be completed and approved in 1999, with the construction phase begun in 2000 and completion by 2001. Board input is sought to ensure this building is planned with the public in mind; with many of the more commonly used facilities housed together so they may be more readily accessed. 251 LINDEN ST Owner Douglas Gennetten, appeared before the Board to seek DDA participation in the restoration of this building. Mr. Gennetten advised that both he and the Silver Grill were recipients of a State Historical Grant in the amount of $140,000 to be shared between the two projects. The restoration, spearheaded by Richard Beardmore, will be done in phases. The fast being structural reinforcements, roof repairs and interior finish of the lower level. This, combined with the facade restoration, will facilitate the leasing of 2,000 square feet of retail space, thus providing funds for the second floor restoration, which is phase two of the project. Initially, a motion was made to support the project in the amount of up to $20,000. This was moved and seconded by Messrs. Belcher and Pitner respectively. Then concern was expressed that appropriation of DDA funds had not yet been worked out by the City's Finance Department, and while the hearing by City Council will take place by year end, these funds are not yet in place. Therefore, Mr. Wanner moved to table the motion, with indication of future support at such a time as the governmental variables are removed. This was seconded by Mr. Meadors and the motion carried with two opposed. BELCHER PROJECT Mr. Steiner stated that the City has required the developers of this project to revise right-of-way improvements, which could result in a reduction of funding for this segment of the project, which DDA had agreed to underwrite. The developers have posed the question as to whether some of the funds can be re - appropriated to cover facade costs. The Consultant shared his reasons why this request did not seem appropriate. Following some discussion by the Board, Ms. Brayton moved that the level of DDA participation previously agreed upon remain proportional to the funding envisioned for this project This was seconded by Mr. Wanner. As the issue was further clarified, Mr. Allard summarized that the Board should consider the above a point of information only at this early date. He concluded, that when final numbers are received, whatever action is appropriate could be taken by the Board at that time. OTHER BUSINESS . Rand -Scot Incorporated Ms. Brayton declared a conflict of interest and declined to take part in the discussion. Mr. Steiner recapped the Board's commitment of $32,000 made to this entity in 1997 for facade and right-of-way improvements. CDBG funds were earmarked for this project, but it was later learned that they could not be DDA MINUTES PAGE 4 used for construction due to the Davis Bacon Act Mr. Steiner then asked the Board if there was interest in adding some extra monies to the $8,000 CDBG funds which can be used for the facade. This would also be contingent on the appropriation of DDA funds by the City. Ms. Liley raised the issue of the required competitive bidding process, and whether or not that had been done. Mr. Steiner agreed to explore the matter further. ADJOURN There being no further business a motion was made by Mr. Belcher and seconded by Mr. Meadors that the meeting adjourn at 1:20 p.m. This motion carried unanimously. Jason Meadors, Secretary DOWNTOWN dft DEVELOPMENT AUTHORITY 19 OLD TOWN SQUARE, SUITE 230 Telephone (970) 484-2020 FORT COLLINS, CO 80524 Telefax (970) 484-2069 TO: DDA Board of Directors FROM: Chip Steiner DATE: November 2, 1998 1 RE: Remington Street Parking Garage Maintenance The City Transportation Services Director, Ron Phillips, has requested the Board of Directors consider funding maintenance expenses associated with the parking garage on Remington Street. Mr. Phillips is aware of the agreement dated march 29, 1988 (attached) between the DDA and the City which obligates the latter for parking garage maintenance. The Board is encouraged to consider this proposal in light of the Authority's potential obligation regarding maintenance of Old Town Square, of its long-term obligation to help fund the construction of a new parking garage, and of its commitment to the Horticultural Center, the Northern Hotel, and the Baptist Church. Should the Board wish to participate in Remington Garage maintenance, funding can be provided via the $100,000 tax increment appropriation currently in the budget process. Alternatively, an additional appropriation request of tax increment funds can be submitted to City Council. September 3, 1998 Mr. Rondall V. Phillips, Transportation Services Director City of Fort Collins Transportation Services 210 East Olive P.O. Box 580 Fort Collins, CO 80522-0580 Dear Ron: As the attached letter and agreement dated March 29, 1988 indicate, the City has previously agreed to the responsibility for all operations and maintenance of the parking garage. Nevertheless, the Board of Directors might choose to participate in the payment of some of the maintenance expenses outlined by your letter and, if it is convenient for you, the issue will be placed before it at the October meeting. This meeting is tentatively scheduled to begin at 1 p.m., October 8 in advance of the Board's annual retreat. Alternatively, we can schedule the item for the November 5 meeting. Should the DDA agree to contribute funding to these maintenance items, verification of available monies must be made from within DDA tax increment resources and any expenditure would require the approval of City Council. Thank you for bringing this matter to the attention of the Downtown Development Authority. Sincerely, Chip Steiner cc: Kermit Allard John Fischbach Alan Krcmarik Gary Diede Susanne Edminster N O V' - M- 9 8 M O N 11W 4 CITY OF FC' 07 COLLINS PARKING SERVICES M E M O R A N D U M DATE: March 16, 1988 TO: Steven C. Durkett, City Manager THRU: James M. Davis, Director or Development Services Richard L. Ensdorff, Transportation Administrator FROM: Rita Davis, Parking/Dike ways Managor.?n RE: Parking Garage Operation and Maintenance Agreement P - 0 1 Attached, please find an Operation and Maintenance Agreement between the City of Fort Collins and the Downtown Development Authority for the Parking Garage. This agreement replaces an earlier interim agreement signed in January 1996. According to the City Attorney's office, this agreement may be approved by the City Manager and does not require City Council action. The Intent of the Interim agreement remains unchanged by the final agreement. As part of the final agreement, the City assumes all operating and maintenance responsibilities for the parking garage (excluding the attached office building). In return, the City sets the hourly and monthly permit rental rates of the individual parking spaces and receives all the revenues generated by the Parking Garage. Additionally, the City agrees to provide the same level of insurance for the Parking Garage as it does on any other City building. In order to execute this agreement, your signature, as well as the City Attorney and City Clerk's is required on page throe. This page has been indexed for your convenience. DEVELOPMENT SERVICES - ..v. ovn v - ron %,viunv, • 102 Remington St. .2 • (303) 221-"17 11/02/98 10:29 TX/RX N0.5799 P.001 M O W - 2-98 MON 1��2S • P - 0 Z2 %-1 1 w OPERATION AND MAINTENANCE AGREEMENT THIS AGREEMENT entered into thisHh day of 1Ct,QC,�� , 1988, by and between the FORT COBS DOWNTO EVELO MENT AUTHORITY (hereinafter referred to as the DDA) and the CITY OF FORT COLLINS, COLORADO (hereinafter referred to as the city). WHEREAS, the DDA has constructed a multi -story parking garage in the vicinity of Mountain Avenue and Remington; and WHEREAS, said parking facility is an integral part of the public parking system in the central business district of the City; and WHEREAS, the City is well equipped to operate and maintain said parking garage. NOW THEREFORE, in consideration of the mutual promises of the parties and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, it is agreed by and between the parties hereto as follows: 1. The City and the DDA agree that the City shall oper- ate and maintain said parking garage (excluding the attached office building) upon those terms and condi- tions as set forth herein, a. The City, in consideration of its obligation to oper- ate and maintain said parking facility, shall be entitled to receive any and all revenue collected from the operation of said parking garage. 3. The City shall set the rates for hourly, daily and monthly rental of individual parking spaces and shall be responsible for the collection and enforcement of said rental fees. The City shall not engage in any leasing practices which would result in the bonds, which were Bold for construction of the garage, los- ing their tax-exempt status. The City shall not be responsible for the past leasing practices of the DDA and makes no representation or guarantees regarding leases presently in effect. 4. The City's responsibility for the operation, mainte- nance and repair of said parking garage shall include the following items: a. The City shall be responsible for the oper- ation or maintenance and repair of all mechanical systems (elevator, electrical system and plumbing system) within said parking garage in accordance with the manu- facturers' specifications and maintenance sohedule. Copies of such specifications 11/02/98 10:29 TX/RX N0.5799 P.002 N OY— 2-99 MONZ MM.S • F. 133 and maintenance schedules shall be provided to the City by the DDA. b. The City shall be responsible for the day- to-day operation, maintenance and repair of said parking garage, elevator, tower, stairways and adjacent public areas in accordance with any applicable specifica- tions and maintenance manuals. a. The City shall maintain the public "pocket" park and other landscaping adjacent to said parking garage. 8. The City's performance of its obligations to operate, maintain and repair said parking garage shall be per- formed in such a manner so that said parking garage, "pocket" park and other landscaped areas shall be free from debris and litter and provide a safe envi- ronment for patrons thereof. The comparative stan- dard for such maintenance shall be recreational facilities maintained by the City. d. The City, at its sole expense, shall obtain and keep in full force and effect insurance coverage providing for casualty insurance for full replacement value of said parking facility, comprehensive general liabil- ity with minimum policy limits equal to the limita- tions on judgments as provided for in 24-10-1141 C.R.S., and any other such insurance coversa com- monly obtained by the City for its public facilities. 7. The City shall be solely responsible for the oper- ation, maintenance and repair of said parking facil- ity and appurtenances thereto (excluding attached office building) provided, however, in the event that said parking facility is damaged as a result of acts or omissions by third parties, DDA shall be respon- sible for such costs and expenses to the extent that DDA recovers said damages from the responsible third parties. The DDA and the City shall cooperate fully in order to obtain reimbursement for any damages to said parking facility from any third parties respon- sible for such damage. S. The City shall not alter or modify the structure or exterior of said parking garage without written authorisation of the DDA, which authorization shall not be unreasonably withheld. S. The DDA shall provide the City with the following items: a. Copies of "as -built" plans and specifica- tions of said parking garage. 11/02/98 10:29 TX/RX N0.5799 P.003 M N O - 2- 9 8 M O m 1•__ 2 r- • tit t/ b. A list of the names, addresses and tele- phone numbers of all contractors and sub- contractors that participated in the con- struction of said parking garage. C. The manufacturers' specifications for the operation of all mechanical systems installed in said parking garage. d. Copies of all warranties pertaining to said parking garage. P - 0 4 10. This Agreement shall cammence on the date of execu- tion by the parties hereto and shall terminate upon the DDA's relinquishment of ownership of said prop- erty. Further, either party may terminate the Agree- ment without cause, upon the giving of thirty (30) days advanced written notice to the other party. il. This Agreement constitutes the entire understanding of the parties and may be amended or modified only in writing executed by both of the parties, and shall inure to the benefit of the heirs, successors and assigns of the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: City clerk APPROVE AS TO FORM. - Assistant City Attorney Downtown Development Authority Tit ilk Fw.=c �s� tr r: 7id'rc rt N.. City of Fort Collins, Colorado a munic pal corporation By: t ven C. Burkett, City Manager 11/02/98 10:29 TX/RX N0.5799 P.009 ddaDOWNTOWN DEVELOPMENT AUTHORITY 19 OLD TOWN SQUARE, SUITE 230 Telephone (970) 484-2020 FORT COLLINS, CO 80524 Telefox (970) 484-2069 TO: DDA Board of Dire r FROM: Chip Steiner DATE: November 2, 199 ''IY/ , RE: Old Town Square Maintenance Old Town Square is the most recognizable improvement in downtown Fort Collins. It is arguably the most important public space in the city. It should reflect the pride of the town. It doesn't. It should be a crown jewel in the urban landscape. It isn't. Having stopped the use of the Enterprise Zone as a method of funding enhanced Plaza improvements, the DDA needs to take the initiative in restoring the Plaza as a community focal point. The owners of Old Town are obligated by contract to maintain the plaza which was built by the DDA on behalf of the surrounding private development. In addition to the plaza, the DDA built a 330-space parking garage to support the private development. Over the years, the DDA and the City have agreed to reductions in tax assessments, have agreed to provide planting materials for the plaza, have agreed to do snow removal, have increased security on the plaza, have granted every request for patio expansions and for aesthetically debatable additions such as the silo, and have accommodated the use of the Enterprise Zone for plaza related maintenance. Progressive Old Town Properties argues that because the Plaza is a public space it has no control over the area and shouldn't be obligated to take care of problems created by the public. Some options to consider: 1. Sell the plaza to Progressive Old Town Properties at fair market value —this would give it control; 2. Deed the property to Progressive Old Town Properties with covenants; 3. Take over the maintenance and charge Progressive Old Town Properties a fee; 4. Take over maintenance with no fee; 5. Create a BID to pay for maintenance (i.e. charge the rest of downtown to maintain the Plaza); 6. Get the City to assume responsibility for the Plaza. Unless the DDA believes the interests of the central business district are best served by taking complete financial and physical responsibility for Plaza maintenance, none of the options available permit a unilateral decision. Therefore, the DDA needs to bring the parties together and negotiate a solution. The Plaza needs to be restored and maintained properly. ddaDOWNTOWN DEVELOPMENT AUTHORITY 19 OLD TOWN SQUARE, SUITE 230 Telephone (970) 484-2020 FORT COLLINS, CO 80524 Telefax (970) 484-2069 TO: DDA Board of Director FROM: Chip Steiner DATE: November 2, 1998 RE: New Parking Garage Debt Appropriation When the DDA considered its 1999 budget items, I forgot to include an appropriation resolution for the $300,000 the Authority is obligated for regarding the construction of the new parking garage. A resolution is attached. RESOLUTION 98-12 OF THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY RECOMMENDING TO CITY COUNCIL THE APPROPRIATION OF $3009000 IN TAX INCREMENT FUNDS FOR THE PURPOSE OF CONSTRUCTING A PARKING GARAGE IN ASSOCIATION WITH THE LARIMER COUNTY JUSTICE CENTER AND NEW CITY OF FORT COLLINS OFFICE BUILDING WHEREAS, the Fort Collins Downtown Development Authority has been duly organized in accordance with the Colorado Revised Statutes 31-25-804, 1973, as revised; and, WHEREAS, the Board of the Downtown Development Authority finds that the development of the proposed parking garage to support the services of the Latimer County Justice Center and a new City of Fort Collins office building to be in the best interests of the central business district. NOW, THEREFORE, BE IT RESOLVED BY THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY, that it hereby recommends to the Fort Collins City Council an appropriation of Three Hundred Thousand Dollars ($300,000) to assist in meeting debt service obligations incurred for the construction of a new downtown parking garage located at the southeast corner of the intersection of LaPorte Avenue and Mason Street. Passed and adopted this 5`" day of November, 1998, a regular meeting of the Downtown Development Authority Board of Directors. Kermit Allard, Chair ATTEST: Jason Meadors, Secretary ddaDOWNTOWN � DEVELOPMENT AUTHORITY 19 OLD TOWN SQUARE, SUITE 230 Telephone (970) 484-2020 FORT COLLINS, CO 80524 Telefax (970) 484-2069 TO: DDA Board of Directo FROM: Chip Steiner DATE: November 2, 1998 RE: Rand Scot and Silver Grill Fagade Appraisals As with the Trimble Court and Binkler buildings, the DDA is funding improvements to Rand Scot and the Silver Grill with CDBG monies and it must therefore obtain appraisals for the acquisitions. Since the Authority committed to these project prior to being made aware that it must obtain these appraisals, it is a cost that cannot be legitimately passed on to the project owners. Therefore, the Board is being asked to fund the appraisals internally. The Trimble and Binkler appraisals cost $4,000 total. The appraisals for Rand Scot and Silver Grill should not exceed that amount. Rand Scot is completed and should be funded out of 1998 resources. Contingency funds are available ($4,000 left of a budgeted $8,000). The Silver Grill appraisal can be drawn from the 1999 budget. Since these appraisals were not anticipated when the budget was first presented and adopted specific Board authorization to make the expenditures is being requested. These are the last two CDBG funded projects for which the DDA must assume appraisal costs. Should the Authority seek and receive additional CDBG monies in the future it can include appraisal fees as a part of the cost of fagade acquisitions. DOWNTOWN UWDEVELOPMENT AUTHORITY 19 OLD TOWN SQUARE, SUITE 230 Telephone (970) 484-2020 FORT COLLINS, CO 80524 Telefox (970) 484-2069 TO: DDA Board of Dirers FROM: Chip Steiner DATE: November 2, 199 RE: DDA Management As the Board is aware, I do not wish to renew the contract between the Authority and my company. At the Board's pleasure, I will serve out the term of the existing contract (expires December 31, 1998) and voluntarily assist in any way possible beyond that point to insure a smooth transition. The Executive Committee of the DDA has discussed this issue and will seek Board input on a recommended course of action.