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HomeMy WebLinkAboutDowntown Development Authority - Minutes - 06/25/1996DOWNTOWN 0 DEVELOPMENT AUTHORITY ONE WEST CONTEMPORARY ART CENTER Telephone (970) 484-2020 201 SOUTH COLLEGE AVENUE, FORT COLLINS, CO 80524 Telefax (970) 484-2069 DOWNTOWN DEVELOPMENT AUTHORITY Special Directors' Meeting MINUTES OF JUNE 25, 1996 SPECIAL NMING The Board of Directors of the Downtown Development Authority met in special session at 7:30 a.m., June 25, 1996 in the conference room at 201 South College Avenue, One West Contemporary Art Center. PRESENT There were present: Stephen Slezak, Chair presiding Bonnie Bixler Szidon, Vice Chair Mary Brayton, Secretary Carey Hewitt, Treasurer Chuck Wanner Kermit Allard Rick Goodale Jason Meadors Lucia Liley, Counsel Absent: Greg Belcher Staff: Chip Steiner, Consultant Anne Garrison Guests: Dick Schaffer, Ted Shepard, Bob Noe, Tom Frazier, Kim Kreimeyer, Bill Attwooll CALL TO ORDER Mr. Slezak called the meeting to order, and entertained a motion to approve the minutes of June 6, 1996. Ms. Brayton moved to approve the minutes as written, seconded by Mr. Allard and the motion carried unanimously. Mr. Slezak took a moment to introduce and welcome our newly appointed Board Member, Mr. Bill Attwooll. PARKING STUDY Dick Schaffer returned to the DDA Board for the second time seeking additional input for the proposed executive draft of this study, still in work form. DDA MINUTES PAGE 2 Mr. Steiner recapped the comments of the previous meeting, and there was some discussion concerning the under utilization of the Jefferson and Walnut parking lots, and concerns about vandalism in the parking garage. This has led to the suggestion that the parking structure be permanently staffed (Resolution 96-4.) It would seem that parking is needed but not available on Linden Street, and available but not so desirable on Walnut, Jefferson and Chestnut. Mr. Noe explained that security is one of the reasons these parking lots have vacancies, particularly in winter when it is dark, combined with the presence of vagrants in and around those areas. on the subject of increasing fines for habitual abusers, Bob Noe was asked if parking fines are a revenue measure or an enforcement technique, and Mr. Noe responded that they are both. Concern was expressed about losing a valid shopper because of fines assessed, and how one can differentiate between an employee and a shopper. Kermit moved that Mr. Steiner be directed to write a resolution based on the conversation and discussions from both Board meetings. This motion was seconded by Mr. Goodale and carried unanimously. REZONING Referring to the Mason Street corridor presently zoned IG and under consideration for an RC designation. Mr. Shepard explained that Debra Passariello wants to protect this area until the Downtown Plan is in effect. it would, in essence, be a stop gap measure for approximately 12 - 14 months. Mr. Goodale was of the opinion we should support it in theory, to avoid industrial development occurring in this area, but we should recommend some changes to give existing businesses some rights and flexibility. In 1989 the Downtown Plan called for this rezoning, but it never happened. Mr. Wanner concurred that this should be done but sought to place a specific time on it, possibly 8 - 12 months and not go beyond that timeframe. Mr. Goodale moved to change the zone from IG to RC for a 12 month period. There were six votes in favor with Ms. Brayton and Mr. Allard opposed. it was added that this matter could be brought back to the DDA Board in one year if nothing is done. OPERA GALLERIA Mo. Liley referred the Board to a letter received from Mallgren & Associates, P.C., Sevo Miller group has put in a protest for assessed valuation for 1996. The minimum amount of tax generated should not be less than $100,000 in accordance with their agreement with DDA. Another concern expressed was that establishing too low an assessed valuation sets a precedent for too low a value in the downtown area, causing a potentially adverse impact on other businesses. Another issue is that Sevo Miller wants to enter into a discussion regarding their economic issues, leases are not up to a level where they should be, and in this regard it is felt they should generate a proposal to the Board rather than DDA taking the initiative. Counsel requested direction as to whether a letter should be sent from the DDA to the Assessor, or if we should join with the City in asking the Assessor to keep the valuation as 0 DDA MINUTES PAGE 3 currently established. The other issue is the need to respond to Mr. Mallgren's letter. Does the Board simply want to refer him to our earlier agreement? Mr. Goodale voiced concerns about opposing a business owner in our district who is trying to better his economic situation. Counsel reminded the Board again that the owner has a contractual agreement. She also added that this property is different from others within the DDA boundaries, because it was built with substantial public funding. Ms. Brayton feels that on one hand we have a property owner who complains of a high vacancy rate, but who does nothing to encourage his tenants to stay. Ms. Brayton then moved that DDA become involved in the assessment appeal process. The premise for our involvement initially would be the owner's breach of contract, but the ultimate issue is ensuring that the assessed valuation is not lowered more than is justified. Mr. Allard seconded this motion, and the Board was in favor with the exception of Mr. Goodale. Ms. Liley is thus requested to protest the appeal. 185 N. COLLEGE Ms. Liley requested the Board ratify its earlier approval of the Lease Option in September 1993 and its approval in 1995 of Assignment of Lease to Daedelus Corporation. This action is requested because it appears the latter may wish to exercise their option to buy, and we must provide appropriate documentation for the title company. (Resolution 96-5). Mr. Allard so moved and this was seconded by Mr. Wanner and carried unanimously. CONFLICT OF A letter from Ms. Liley to the Charter Review Commission was INTEREST included in the previous packet. The concern was whether or not DDA is subject to the City's Charter requirements regarding Conflict of Interest in Executive Session. DDA is a separate entity with its own statutory provisions which are significantly different. Counsel's letter requested clarification on what is felt to be an ambiguous provision in the Charter. After some review, the Commission has decided to recommend a Charter amendment which would remove the specific provision from the Charter, and instead permit the City Council, by ordinance to decide who is subject to it. Board members are placed in the undesirable position of having to comply with both, however, the City's stance is much broader. It is advisable to clarify this further, but for now it rests with the City Council. 200 WALNUT The Board requested we see where the GID was with regard to Downtown imnprovements. The GID has about $128,000 and is not doing anything with it at present. Their priorities are to replace the pavers at the intersection of Oak and College, Mountain and College and LaPorte and College. For the City to change priorities, we would need to write a letter requesting this change. The second item for discussion is how the Board wants to respond to Tom Livingston's project. Be requested additional funding at the meeting earlier this month for sidewalk improvements. The question now before the Board is whether it wants to request the City to move Walnut Street to a higher priority level. After some discussion it was suggested that we let the City know that Walnut Street is becoming a priority, and advise Mr. Livingston that we are not prepared to put money DDA MINUTES PAGE 4 into sidewalks because we believe the whole street should be done. A letter will be drafted accordingly. Mr. Livingston then needs to demonstrate to the Board that he has exhausted all other sources of funding. Upon compliance, the Board will give consideration to further funding up to $10,000. Ms. Brayton made a motion to this effect, Mr. Goodale seconded and the motion carried with the exception of Mr. Allard who excused himself because of potential conflict of interest. RIVER CORRIDOR Due to time constraints and the complexity of this subject, it was moved by Me. Brayton and seconded by Mr. Allard that it be tabled until the next meeting. Mr. Wanner suggested that the more maps which can be made available when this subject matter is considered the more reality it will bring to the Board's considerations. BREWFEST In her capacity as Liaison to the Downtown Business Association, Ms. Brayton advised that Brewfest will take place this weekend. The new Executive Director, Jay Hardy will not be at the July 11, meeting, but will be available in August. OTHER BUSINESS Mr. Wanner mentioned that the question of a Business Improvement District had surfaced at a City Council Meeting recently, and he advised the Board not to lose its initiative in this important area. Mr. Steiner added that along these lines he had attempted to contact Tommy Short, President of the DBA with a view to involving them in an active way, so far without success. Mr. Slezak noted that it was Mr. Goodale's"last meeting, and for outstanding commitment and exemplary service to the DDA he presented him with a certificate of appreciation, and the very best wishes of the Board. Mr. Goodale offered his thanks and commented that whatever the future holds, DDA should always have an Executive Director at the helm. ADJOURN There being no further business, the meeting adjourned at 9.20 a.m. Brayton, Secretary