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HomeMy WebLinkAboutDowntown Development Authority - Minutes - 10/02/1997DOWNTOWN DEVELOPMENT AUTHORITY Regular Directors, Meeting The Board of Directors of the Downtown Development Authority met in regular session at 7:30 a.m., October 2, 1997 in the Third Floor Conference Room at 201 South College Avenue, One West Art Center. PRESENT There were present: Kermit Allard, Chair presiding 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, Legal Counsel Guests: Jay Hardy, Bud Frick, Dave Veldman, John Arnolfo CALL TO ORDER Mr. Allard called the meeting to order and roll call was taken. MINUTES A motion was made by Mr. Slezak to approve the minutes of September 4, 1997. This was seconded by Mr. Belcher and carried unanimously. RESOLUTION 97-7 In which the Downtown Development Authority resolves to support Ballot Issues 1-A and 1-B for the development of a new Larimer County Courthouse and Jail facility. Ms. Brayton moved to adopt Resolution 97-7 this was seconded by Mr. Stroud and carried unanimously. MUULGZKEWT Mr. Allard referred the Board to a copy of the Professional CONTRACT Services Agreement, together with a Scope of Services description, (Exhibit A) between the Downtown Development Authority and Robert Steiner. DDA MINUTES PAGE 2 This contract to be in effect from November 1, 1997 through December 31, 1998. Mr. Steiner disclosed that he is in the process of getting up a corporation. Mr. Slezak moved that the DDA enter into a Professional Services Agreement with The Robert Steiner Company, limiting the provision of services to the individual within the corporation, and not the corporation. Mr. Belcher seconded the motion which carried unanimously. POLICY ON Each year the DDA must re -appropriate funds in order to PROJECT STATUS maintain commitments, some of which have been pending for two years. This could preclude the Board from participating in other worthwhile projects. To rectify the situation, Mr. Steiner offered some guidelines in the form of a document entitled 'Terms of Project Commitment.' The Board suggested defining a time frame from commitment to execution of the project. Counsel will review the document, and suggested the Board set a 12 month period with extension provisions, and evaluate each project on a case by case basis, possibly establishing some milestones to be met along the way. A formal document will be prepared for the next meeting by Ms. Liley. FINAL BUDGET At the previous meeting, Mr. Slezak requested there be two CONSIDERATION meetings on the Budget. Mr. Steiner's second presentation RESOLUTION 97-4 reflected a few changes. Liability insurance coverage was explained more fully. This line item will no longer include Workman's Compensation which is already covered in another area of the budget. Mr. Belcher moved to approve Resolution 97-4 with the correction; this was seconded by Mr. Wanner and carried unanimously. CITY/DDA Counsel shared that this question surfaced about a year ago, RELATIONSHIP in the area of 'Conflict of Interest' as it relates to the DDA Board. The City Code seeks to clarify issues for all Boards and Commissions, however the DDA is a separate entity under its own statutory authority. Steve Roy, City Attorney, has indicated an interest in clearing up some of the 'gray' areas. Counsel therefore asked the Board to authorize her to address this matter on behalf of the DDA, and return to the Board with some clarification of the issues. The Board seemed in agreement with this request. 200 WALNUT ST In presenting this project, Mr. Steiner recapped for the Board that consideration had been given to a previous owner about two years ago in the amount of $15,000. He then introduced Dave Veldman, with the recommendation that the Board grant the original $15,000 with up to $10,000 in additional funding if a request for State Historical funds was refused. Mr. Steiner also offered to help Mr. Veldman put together a request for these funds. Mr. Steiner emphasized the importance of this building which represents a gateway to Old Town. Mr. Veldman addressed the Board stating that no sidewalk improvements were planned, that construction should be completed by Spring and that he was requesting $25,000 because of the increased scope of the restoration. After some discussion on the part of several Board Members, Mr. Pitner moved to support the project in the amount of $25,000, subject to an acceptable agreement being executed, and Mr. Veldman pursuing State Historical funding. This was seconded by Mr. Meadors and carried unanimously. DDA MINUTES PAGE 3 OUTSIDE PATIO In introducing this subject, Mr. Steiner referred to Mr. 152 OLD TOWN SQ Stoner's memo, together with a site elevation map of the proposed patio at 152 Old Town Square, contained in the Board packets. The purpose is to provide an outdoor seating or. Time area for a an additionaltenbetweenn on the ntheodbuilding an est is forpublic access. The owners seek to enter into a license agreement with the DDA, but no terms have as yet been discussed. Mr. Allard suggested we defer to Mr. Steiner to develop an overall plan for this kind of issue, and return with an appropriate policy. Me. Liley then requested that this be an agenda item for our upcoming retreat. Mr. Slezak then moved to grant approval of this patio subject to a mutually acceptable license agreement, with appropriate compensation being paid to the DDA, the amount to be determined. He added a contingency that Old Town Square Property owners repair the patio at Lucky Joe's which has not been maintained as agreed. Mr. Pitner seconded the motion. At this juncture, Ms. Brayton added a friendly amendment to delete the contingency and deal with the issue during the licensing agreement negotiations. Mr. Belcher then moved to table the motion, this was seconded by Me. Brayton and the motion passed with three opposed. the LPC UPDATE Mr. prick Trimble/Binklerebuildings d that ewas Design Review f upforfinalapproval. He also added that the proposed patio at 152 Old Town Square had not yet come before the Landmarks Preservation Commission. OTBER BUSINESS OctoberOn o T3, 1997 DDA, and DRA will relocate their offices to A reminder of the retreat which is scheduled for October 28, at the Edwards House, between the hours of 10 a.m. and 5:00 p.m. Mr. Steiner recognized Mr. Arnolfo who is scheduled to appear before the Board at the November meeting. CONTINUATION OF it was decided to continue the meeting to October 28, 1997 OCTOBER 2, MTG where it reconvened at the Edwards House, with the following persons present: Kermit Allard, Chair presiding Mary Brayton, Vice Chair Jason Meadors, Secretary Greg Belcher, Treasurer Steve Slezak Larry Stroud Margaret Brown John Pitner Staff: Chip Steiner, Consultant Anne Garrison Lucia Liley, Legal Counsel CALL TO ORDER Mr. Allard called the meeting back to order at 10:00 a.m. on October 28, 1997. DDA UIMUTSs PAGE 4 ious ITS PATIO thisteiner referred issue, and calledhe Board attenti nottoitemsv#1 through #5 of n on ISSUE sof a proposed policy contained in the packet. With the Board's inpuseut, a legal of portions pofithecy wplaza, underill be certain d which allows for the certain conditions. In relinquishing portions of public property for private use, a fee will be required for encroachment. Issues with businesses already in place will be reviewed, although those with wham arrangements were struck many years earlier will ns not be required to pay a fee. The following Bugg were offered: • Language should be added to Item #5 regarding the maintenance standards for old Town Square and the patios. • Case by case decisions should be made. • Fenced areas are possibly outside the jurisdiction of Old Town Square, therefore licensee requirements regarding upkeep of fencing, planters and the provision of ash trays should be in place. • Suggestion was made to strike Item #3. • Design should be a consideration. • All future projects will be subject to an agreement, insurance requirements, etc., movedMr. Meadors to direct h which reflects theprovisionsstated uinatthememo, and the e the suggestions arising from this morning's discussion. This was seconded by Mr. Slezak and carried unanimously. 152 OTS PATIO Referencing Mr. Stoner's recent memo and request for approval of a patio at the captioned business, Mr. Slezak suggested that the Board consider the issue here and now, and respond to Mr. stoner accordingly. Mr. Slezak then moved to approve Mr. Stoner's request, conceptually, being agreementand thepolicyubef being drafted. Thiswaselicensing seconded by Mr. Pitner and carried unanimously. REVISED POLICY Bach of the five items on his icy the lfollowing dsuggestioing Project ns Commitments, was reviewed,tand COMMITMENTS were made by the Board: Item 01 - separate this paragraph at the second line, beginning "This commitment is contingent upon...." and make it Item #2, as suggested by Counsel. • Item #5 - add a $ sign. Mr. Meadors moved to approve this policy with the change recommended by Counsel, and the addition of the $ sign. This was seconded by Mr. Belcher. In light of some additional input, it was decided to amend the motion to expand on Item #4 as follows: "Changes require a review , ppeDDA aranceoord, andsCoope may chanvoidgthenDDAtcommitment." ownership, appearance Pe Y Messrs. Meadows and Belcher were in accord with the amendment as stated, and the motion carried unanimously. PROJECT UPDATES Mr. Steiner referred to the captioned memo in which a capsule of information was provided for each of the projects outstanding at this time. DDA MINUTES PAGE 5 A brief question and answer period ensued with the majority of interest centered on how DDA 's portion of the payment for the parking structure would be made, and the annexation of Wal-Mart. The City continues to have some outstanding issues with Wal-Mart regarding parking orientation and count. DDA HISTORY In slide show format, Mr. Steiner narrated the genesis of the DDA in 1981, the size and formation of the district, the bond capacity, followed by an explanation of how tax increment is obtained. An overview of many projects in which DDA has played an active role provided a great insight into the work of the Authority and its imprint on the central business district. FUTURE OF DDA Past discussions have always concluded that when DDA sunsets it should be replaced by a Business Improvement District. While a BID can levy taxes, it is limited by the amount of new taxes it can levy, which amount is not remotely close to what is generated now, and thus a BID could not continue a capital investment program downtown, or in any way fill the role currently performed by the DDA. After some discussion it was felt that continuance as an Urban Renewal Authority would be the avenue to pursue. Suggestions were made for presenting the idea to City Council. Ms. Liley suggested a joint work session with Council to examine the issues, possibly with a slide show to educate them regarding DDA's track record in the downtown. This is also a way to facilitate the city Plan going forward, and to market what DDA does and what it is capable of doing in and of itself, and in partnership with other entities. Some projects already under discussion and in which DDA has a strong interest are the Performing Arts Complex, Poudre River and the Regional Transportation Center. Project goals were then discussed, they are as follows: • Northern Hotel • Parking Garage • Wal-Mart Annexation • Poudre River Corridor • Performing Arts Center • Cultural Center In the case of the Northern Hotel, DDA hopes to continue historic preservation efforts, and to pursue annexation of Wal-Mart only if the City approves this project. NOVEIBER The general consensus was to cancel the regularly scheduled BOARD MEETING November Board Meeting because of its proximity to the Retreat. ADJOURN There being no further business, the meeting adjourned at 3:00 p.m. Jason Meadors, Secretary DAIAINTOWN � DEVELOPMENT AUTHORITY ONE WEST CONTEMPORARY ART CENTER Telephone (970) 484-2020 201 SOUTH COLLEGE AVENUE, FORT COLLINS, CO 80524 Telefax (970) 484-2069 TO: DDA Board of Directors FROM: Chip Steiner C DATE: December 2, 1997 er RE: Plaza Canopy Update Attached is a revised, approved by the Landmark Preservation Commission, rendering of the canopy to be installed over the stage in Old Town Square. Total cost is $25,699.20 (need to verify with Jay Hardy). The DDA originally agreed to participate in this project last August. The approved motion stipulated that 1) the DDA's financial participation be matched by Old Town Square; 2) that a DDA cost in excess of $10,000 be brought back to the Board; 3) and that DDA participation not exceed 40 percent of the total cost. At 40 percent of total cost, the DDA's share of this project is $10,279.68. The 1998 budget included an appropriation for $10,000. The $279 difference is available in contingency. However, Old Town Square has limited its involvement to $5,000 which is well short of a one- to-one match with the DDA. Board direction would be helpful on this issue.