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HomeMy WebLinkAboutDowntown Development Authority - Minutes - 12/04/2003rI DOWNTOWN DEVELOPMENT AUTHORITY REGULAR DIRECTORS' MEETING MINUTES OF DECEMBER 4, 2003 REGULAR MEETING THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY MET IN REGULAR SESSION AT 7:30 A.H. ON DECEMBER 4, 2003 IN THE MEETING Room AT HOME STATE BANK LOCATED AT 303 EAST MOUNTAIN AVENUE, FORT COLLINS, CO 80524. PRESENT THERE WERE PRESENT: Kim JORDAN. CHAIR STEVE TAYLOR, VIDE CHAIR JASON MEAOORS, SECRETARy/TRcASURER BILL BERTSCHY MARY BRAYTON CARET HEWITT BILL SEARS LARRY STROUD GREO BELCHER STAFF: ROBERT STEINER. EXECUTIVE DIRECTOR ANNE GARRISON LucN LILEY, COUNSEL GUESTS: JOHN FlSCHEACH, ALAN KRCmMIB, MYRNE WATROUS, DAVID SHORT, JOE FRANK, MICKEY WILLIS. CLARK MAPES, JIM LEACH, TM LYONS, STEVE SLEZAK, MARTY HEFFERNAN, KEN WAIDO CALL TO ORDER MS. JORDAN CALLED THE MEETHO TO ORDER AT 7:35 A,M. AND ROLL CALL WAS TAKEN, APPROVAL OF MINUTES MR, MEADOR$ MOVED TO APPROVE THE MINUTES OF NOVEMBER O, 2003 THIS WAS SECONDED BY MR, SEARS AND CARRIED UNANIMOUSLY. MASON STREET NORTH THE BOARD REVIEWED THIS MIXED USE PROJECT ON TWO PREVIOUS OCCASIONS, AND AGREED TO PARTICIPATE UP TO $25 1,000, IT ALSO GRANTED AN EXTENSION TO THE ORIOINAL AGREEMENT, TODAY, A REVISED PROPOSAL IS BEFORE THE BOARD INCREASINO PARTICIPATION TO $984,444 DUE IN PART TO HIGHER CONSTRUCTION COSTS, AND SOME ADDITIONAL FEATURES, IN HIS OVERVIEW, MR, STEINER AFFIRMED STAFF'* SUPPORT OF THE ORIOINAL ITEMS TO BE FUNDED, AND MADE THE FOLLOWINO RECOMMENDATIONS ON OTHERS: • STORM WATER AND SITE UTILITIES - SUPPORT THOSE IN THE PUBLIC RIOHT OF WAY • LEE MARTINEZ PARK P IN /P IMPROVEMENTS - NEED VERIFICATION THAT THIS IS A LEGITIMATE PUBLIC IMPROVEMENT • FACADFS -THESE ARE INTERNALLY ORIENTED, AND THEREFORE STAFF IS UNSURE OF THE PUBLIC BENEFIT • COURTYARD - EVEN IF THESE ARE DEDICATED TO THE PUBLIC, HOW MUCH USAGE WALL THEY RECEIVE? FA DDA MINUTES PAGE 2 EWLRND F__%LbIrM -TWOS IS A SPUR USED ONLY A FEW TIMES IN FIVE YEARS, HOW WILL THE PUBLIC BENEFIT; TO WHOM DOES THE PROPERTT/EASEINI BELONG? IN THE BOARD PACKET, FOUR OPTIONS WERE LISTED, AND M3 WAS RECOMMENDED BY STAFF. MR. WILLIS, ASSISTED BY THE TEAM FROM WOLF LYONS AND WONDERLAND DEVELOPMENT, OUTLINED THE PROPOSAL BEFORE THE BOARD. HE STATED THAT 45% OF THE COMMERCIAL SPACE, AND 9 OUT OF 20 RESIDENTIAL UNITS WITH UNDERGROUND PARKING HAVE BEEN PRE - LEASED. THE COURTYARD WILL OFFER A PEDESTRIAN WALKWAY WITH INTERESTING VIEWS, A COFFEE SHOP, AND A LINK TO LEE MARTINEZ PARK. PEDESTRIAN ORIENTED BUSINESSES WILL BE ENCOURAGED TO OCCUPY GROUND FLOOR SPACES. AN ATTEMPT IS BEING MADE TO WORK WITH PARKS AND RED TO BURRO" EACH ENTRY WITH SHARED FACILITIES - THE RESIDENTIAL PORTION IS MODERATELY PRICED WITH THREE TIMES THE PARKING REQUIRED. ALL APPROVAL PROCESSES ARE COMPLETE AND CONSTRUCTION SHOULD COMMENCE IN THE FIRST QUARTER OF 2004. MR. STROUD IS COMFORTABLE WITH MR. STEINER'S ANALYSIS, PROVIDED THE UTLTES ARE CHECKED, AND SUGGESTS THE RAILROAD EASEMENT COULD BE HANDLED M A SEPARATE ISSUE, MR. HEWITT CONCURS WTH MR STROUD THAT WE NEED TO HELP FACILITATE TMIS PROJECT. MR. STROUD THEN MOVED TO APPROVE STAFF's SUGGESTION OF OPTION #3 WHICH FUNDS THE ORIGINAL TIMMS, PLUS SITE UTILITIES, STORM WATER, AND IN ADDITION THE LEE MARTINEZ PARK IMPROVEMENTS. THIS IS SUBJECT TO STAFF AMID CITY'S RENEW OF SITE STORM WATER AND UTILITIES OWNERSHIP. SCOPE OF FUNDING IS NOT TO EXCEED $540,C 77 OF THE TOTAL PROJECT. THE CONSTRUCTION TIME FRAME FOR COMMENCEMENT OF THE PROJECT IS ONE YEAR FROM TODAY. MS. BRAYTON OFFERED A FRIENDLY AMENDMENT TO INCLUDE THE '1F' CLAUSE CONTAINED IN MR. STEINER'S MEMO REGARDING LEE MARTINEZ PARK. MR. BERTSCHY THEN SUOOESTED IT READ: 'WHEN AND IF THE LEE M HE_ PARK PARKimo/PLAu IMPROVEMC TB ARE LOTMATT< Y CLASSIFIED AS A 'PROVEIL4T AND CONTINGENT UPON VERIFICATION OF WHAT SITE UTILITY AND STORM ,Mg WORK FAL� WiTHIN TNK PUBLIC RIGHT OF ' MR. STROUD ACCMPMD ALL FRIENDLY AMENDMENTS, THIS WAS SECONDED BY MR. BPI CHER AND CARRIED UNANIMOUSLY. MR. STERNER STATED THAT THE ABOVE DECISION IS CONTINGENT UPON CRY COUNCIL APPROVAL. 325 CHERRY STREET MR. STONER PROVIDED THE BACKGROUND, STATING THAT A PROJECT ON THIS SITE HAD BEEN REVIEWED PREVIOUSLY, AT WHICH TIME THE BOARD REQUESTED SOME REFINEMENT TO THE PLANS. DDA 15 BEING ASKED TO PARTICIPATE IN THE AMOUNT OF $383,573 TO ACQUIRE A ►AgADE EASEMENT ON THE NEW BUILDING. A PLASH, LANDSCAPING AND PUBLIC IMPROVEMENTS. TOTAL PROJECT CONSTRUCTION COST IS $ 1 .50 1,907 AND STAFF SUGGESTS DDA PARTICIPATION IN THE AMOUNT OF $200,000. THE PROPOSAL BRINGS TO DOWNTOWN SOME SMALL AFFORDABLE HOU31HO UNITS, A DESIGN WHICH FITS THE NEIOHSORHOOD WELL, AND A COMBINATION WORK -LIVING SPACE WHICH IS A UNIQUE CONCEPT FOR FORT COLLINS. PARALLEL PARKING WILL ALSO BE ESTABLISHED FOR THE FIRST TIME IN FRONT OF THIS BUILDING. MR WILLIS ADVISED THIS WILL BE A FOUR'10 SIX MONTH BUILD OUT. MR. SEARS DISCLOSED A POTENTIAL CONFLICT OF INTEREST AND THAT AS SUCH, HE WOULD REFRAIN FROM TAKING PART IN THE DISCUSSION OR VOTE. MR. MEADORS THEN MOVED THAT THE BOARD FOLLOW STAFF's RECOMMENDATION TO PARTICIPATE IN TIE AMOUNT OF $200.000 CONTINGENT UPON CITY COUNCIL'S APPROVAL ON THE INCLUSION OF THE LANDSCAPING PORTION INTO THE PUBLIC RIGHT OF WAY, AND CONTINGENT UPON PRESENTATION AND DDA ARPROVAL OF THE FINAL DESIGN OF THE SURFACE MATERIALS AND SIGN. THIS WAS SECONDED BY MR. BELCHER. AND THE MOTION CARRIED WTIH MR, SEARS ABSTAINING. HISTORIC WEBSTER MR. MARCH, REMESENTINO TIE DON AND MAY WILKINS CHARITABLE TRUST, REQUESTED DDA HOUSE PARTICIPATION IN CONVERTING A PORTION OF THE CAPTIONED PROJECT, FORMERLY THE HOPE CENTER, INTO OFFICES FOR A CPA FIRM. THE BALANCE WILL BE USED MR MEETING, EDUCATIONAL, FABRICATION AND STORAGE FACILITIES FOR THE FORT COWNS MUSEUM. THE DDA IS BEING ASKED TO FUND THE FACADE, SOME RIGHT OF WAY IMPROVEMENTS, AND A CROSSWALK FROM LIBRARY PARK TO ACCESS THIS PORTION OF THE MUSEUM. ONE OF THE BENEFITS WOULD BE FOR CHILDREN EITHER IN BUSES OR ON FOOT. MR. STERNER EXPL.UNED THAT SINCE THE PROPERTY IS NOT CURRENTLY PART OF THE DDA DISTRICT, IT MUST FIRST BE ANNEXED, TO ALLOW TUX INCREMENT FUNDS TO BE USED MR THE IMPROVEMENTS. THE SECOND STEP WOULD BE APPROVAL BY THE BOARD FOR $ 100,000 IN FINANCING REQUESTED. WHATEVER THE FINAL ASSESSED VALUE IS DETERMINED TO BE, THE OWNERS WILL AGREE TO KEEP THE ENTIRE PROPERTY ON THE TAX ROLLS UNTIL THE DDA DEBT IS RETIRED DDA MINUTES PAGE 3 MR. BERTSCHY MOVED TO SUPPORT THE PROPOSAL IN THE AMOUNT OF $ 100,000. COUNSEL 3000ESTED THAT THE MOTION SE SU W ECT 10 VERIFICATION ON ALL ASSESSORS ISSUES. MR. BELCHER SECONDED THE MOTOR. HOWEVER, THE QUESTION OF ANNEXATION WAS RAISED, AND THUS THE MOTION WAS WITHDRAWN, UNTIL THE QUESTION OF ANNEXATION WAS DETERMINED. MR. BERTSCHY THEN MOVED TO PURSUE ANN[XATION OF THE CAPTIONED PROPERTY, SUBJECT TO CITY COUNCIL APPROVAL. THIS WAS SECONDED BY MR. BELCHER AND CARRIED UNANIMOUSLY. CRY PLAN MR. BERTSCHY EXCUSED HIMSELF FROM THE DISCUSSION DUE TO A POTENTIAL CONFLICT OF INTEREST. MR. STEINER'S MEMORANDUM TO THE BOARD SUGGESTED SOME REVISIONS TO CITY PLAN AS THEY RELATE TO THE CENTRAL BUSINESS DISTRICT. THE BOARD IS INVITED TO OFTIER ITS COMMENTS, WHICH IN TURN PROVIDES INPUT FOR CITY COUNCIL. MR. STEINER REFERRED TO A COUPLE OF POLICIES IN WHICH HE FEELS THE WORD 'CULTURAL' SHOULD BE ADDED. ALSO W REGARD TO POUCY DP3.4 BUILDING HEIGHTS, STAFF SUGGESTS THAT THE ENTIRE LANGUAGE BE STRICKEN FROM THE CITY PLAN AND THAT IT BE REPLACED WITH: 'BUILDING HEIGHTS WILL BE DETERMINED IN ACCORDANCE WITH THE DOWNTOWN STRATEGIC PUN, AS THIS LANGUAGE IS MUCH MORE RESTRICTIVE THAN THE DOWNTOWN STRATEGIC PLAN.' MS. BRAYTON RECOMMENDS THAT TODAY WE STAY FOCUSED ON THE CITY PLAN, AND THAT IN CONCWSIQN, BOTH DOCUMENTS COMPLEMENT EACH OTHER. ASIDE FROM THESE RECOMMENDATIONS, MR. STEINER SUOGESTJ THE BOARD COMMEND THE CRY ON THE PORTION OF THIS DOCUMENT THAT RELATES TO DOWNTOWN, AND RECOMMEND ITS ADOPTION. MR. SLEIAK ADDRESSED THE BOARD BRIEFLY TO EXPRESS HIS CONCERN, AS A DEVELOPER, ON THE HEIGHT ISSUE, AND STATE THAT 1 68' TO 65' IS TOO DRASTIC A REDUCTION, AND HE WOULD ENCOURAOE SOMETHING IN BETWEEN THOSE FIGURES, MR. MAPES CONCURRED THAT THE HEIGHT DESIONATION IN CITY PLAN NEEDS TO BE REVISED TO BE CONSISTENT WITH THE DOWNTOWN STRATEGIC PLAN RECOMMENDATIONS, AND HE WALL PROVIDE THOSE CHANGES TO MR. WMGO. THE OONSENSUS OF THE BOARD IS THAT IT SUPPORTS MR. STEINER'S RECOMMENDATION ON BUILDING HMOHTS, AND WOULD LIKE TO TALK MORE ABOUT THE SUBJECT AT THE JANUARY MEETING. DDA REQUESTS THAT THIS DOCUMENT BE HELD BACK FROM CITY COUNCIL REVIEW UNTIL AFTER THE JANUARY BOARD MEETING. IT WAS ALSO SUGGESTED THAT HEIGHT SHOULD BE DETERMINED IN FEET NOT IN FLOORS, BECAUSE OF THE VARIANCES. MR. MGDORS THEN MOVED TO RECOMMEND APPROVAL OF THE DOWNTOWN ELEMENTS OF CRY PLAN, WRH THE AMENDMENTS OFFERED BY STAFF. THIS WAS SECONDED BY MS. BRAYTON AND CARRIED WITH MR. BERTSCHY ABSTAINING. OTHER BUSINESS THE DECEMBER OPEN HOUSE HOSTED BY DDA AND DBA WILL TAKE PLACE ON MONDAY DECEMBER 8, 2003 AT NIGo'B CATACOMBS, AND THE BOARD IS CORDIALLY INVITED TO ATTEND. RECEPRON AT FIRST A RECEPTION LAST EVENING FOR COMMUNITY LEADERS TO DISCUSS THE PERFORMINO ARTS NATIONAL BANK COMPLEX SEEMED TO 00 VERY WELL. PEOPLE WERE ASKED TO COMMIT TO PAPER THEIR INTEREST IN P,"CIPATINO IN THIS PROJECT, AND MS. JORDAN NOTED THAT THE RESPONSE WAS QUITE ROBUST. NORTHERN HOTEL A NEW SIGN HAS BEEN PLACED ON THE NORTHERN HOTEL BY THE ROCKY MOUNTAIN CHOCOLATE FACTORY. MB. BRAYTON INQUIRED WHETHER OR NOT THE CITY'S SYSTEM OF FLAGGING SIGNAGE IS WORKING SINCE DDA HAD NOT BEEN ALERTED. MS. WATROUS ADVISED THAT PERMISSION HAD SEEN SOUGHT AND GRANTED BY LPC. ADJOURN THERE BEING NO FURTHER BUSINESS, THE MERINO ADJOURNED AT 0)45 A.M. MFADORS, SECRETARY &EbmDOWNTOWN DEVELOPMENT WERNME AUTHORITY TO: DDA Board of Directors FROM: Chip Steiner DATE: January 6, 2004 RE: Downtown River District Improvement Project —Phase I/ Infrastructure Design First: DDA staff has been referring to this project as an infrastructure gaps assessment project. This is incorrect. As the title suggests, the project refers to infrastructure design. In other words, it is not intended to look at existing conditions. Rather, its focus is upon designing new infrastructure to accommodate future development. The City of Fort Collins is asking the DDA to fund $250,000 of the $300,000 project cost. The utilities design work is estimated at $50,000 and the balance (that portion being requested for DDA funding) will be used to pay for transportation design work (urban design). The design work consists of: ■ Streetscape improvements for Linden, Willow, and Lincoln ■ Linden/Jefferson intersection ■ Lincoln Avenue bridge ■ Jefferson streetscape improvements ■ Linden/Willow urban design ■ Gateway features. DDA staff believes this work needs to be done, not only because the area between Jefferson and the Poudre River constitutes one of the oldest and least adequate (in terms of utilities) sectors of the downtown but also because the neighborhood is considered to be one of the primary redevelopment areas in the central business district (the Downtown Strategic Plan pinpoints this district as one of two highly desirable redevelopment areas in the downtown). Furthermore, it is clear that the jump-start initiative for redevelopment of this neighborhood must come from a source other than the property owners within the district itself. However, staff has five questions that it asks the Board of Directors to consider prior to agreeing to fund 4/5ths of the project cost: 1. To what extent do such design plans lock in or limit development options in the future? For instance, fixed street rights -of -way may preclude certain larger developments, e.g. a performing arts center, an arts education campus, farmers market, hotel, or the idea of rebuilding the mill race (which once flowed roughly along the route of Willow Street)? It is difficult to predict the scope and design of future developments in the neighborhood and a fixed infrastructure plan may curtail design options. 2. Does it make sense to use DDA resources to leverage private development prior to doing infrastructure design so that the cost of that design (and its construction) is shared with private sector investment? 3. What impact or influence would this plan have on the adopted Colorado Department of Transportation Access Management Plan which currently proposes removal of all parking on Jefferson Street? Removing the parking from Jefferson and the consequent objective of improving truck mobility along this corridor (that is, enabling trucks to move faster and in lanes that are immediately adjacent to sidewalks) have serious consequences with regard to integrating the river district into the rest of downtown. Would the planning effort provide the Fort Collins community with the opportunity to revisit this issue? 4. The DDA has made a commitment to fund $1.2 million of a future Linden - Jefferson intersection redevelopment. If it agrees to participate in this study, would the $250,000 it provides be deducted from that commitment? 5. Perhaps most importantly, can the study be delayed until site selection and scope of project studies can be completed for the catalyst project(s) being considered for the Downtown Cultural District? Again, DDA staff does not disagree that this study needs to be done. However, it does think that other projects currently under way would have an impact on infrastructure design in the neighborhood and that without knowing the extent of these projects the infrastructure design plan might be premature. Further, it makes sense to explore leveraging public investment with private development investment in the area. DOWNTOWN DEVELOPMENT ddoAUTHORITY TO: DDA Board of Directors FROM: Chip Steiner DATE: January 6, 2004 RE: Affordable Housing Trust At its November, 2003 meeting, the Board of Directors heard a presentation on a proposal to establish a statewide affordable housing trust. Because of time constraints the Board delayed making a decision on whether or not to endorse the proposal. Such an endorsement entails no financial obligation on the part of the DDA. On the contrary, if the Authority can lend its support to the idea and the idea becomes reality, it would provide the whole community (including, of course, downtown) with another financial tool to leverage affordable housing development. Aside from the moral imperative for providing such housing, it is important for the central business district to have adequate affordable housing available because of the nature of its economy — heavily weighted toward lower -paying service sector jobs. Without getting maudlin about it for every upper -end housing unit built downtown there will be a gardener, a window -washer, a plumber, a chef, a retail clerk, a banking clerk, who will also need a home and if those homes are close -in we make sure those jobs are filled and the roads are less jammed with cars. So, staff suggests the DDA get involved in this project. DOWNTOWN DEVELOPMENT AUTHORITY TO: DDA Board of Directors FROM: Chip Steiner DATE: January 6, 2004 RE: Downtown Strategic Plan, Final Recommendation The Board of Directors needs to recommend adoption of the Downtown Strategic Plan to City Council and to pass on any changes it believes are necessary to make the document more effective. Probably the most debated issue still on the table is building height. DOWNTOWN DEVELOPMENT AUTHORITY TO: DDA Board of Directors FROM: Chip Steiner DATE: January 6, 2004 RE: Cortina Parking Bill Coulson, developer of the Cortina project at the corner of Howes and Canyon, has asked if the DDA would permit him to build a single parking deck over the existing Mason Street Parking Lot. The DDA owns this lot. A concept design is attached to this memorandum. As proposed, decking the Mason Street Lot would result in a net loss of four public parking spaces. Coulson is willing to dedicate four spaces on the second floor to make up for that loss. Coulson would also pay for the entire cost of construction. Staff and legal counsel have discussed this project and think it can be done through any number of variations including the lease of air -rights with a reversion of ownership of the deck to the DDA after an agreed -upon period of time. Staff supports this idea subject to: 1. neighborhood support obtained through two public meetings; 2. dedication of parking spaces on the second level to compensate for any lost spaces on the first level; 3. Board approval and neighborhood acceptance of the design; 4. Board approval of a legal and financial agreement. DOWNTOWN DEVELOPMENT AUTHORITY TO: DDA Board of Directors FROM: Chip Steiner DATE: January 6, 2004 RE: 317 Cherry Street Mickey Willis and Greg Glebe have bought the house at 317 Cherry Street (directly east of the project at 325 Cherry Street the Board considered last month) and intend to turn the residential structure into a commercial building. The Authority is being asked to participate in this project in the amount of $25,853. Based on the estimated improvements and assuming the County Assessor appraises those improvements at the level suggested by the developer, annual tax increment from the project over a period of six years will support the request. Staff believes the project fits within the scope and purpose of the DDA and meets the objectives of the Downtown Strategic Plan. However, the submittal, attached to this memorandum, is unclear about the use of DDA funds and this needs to be clarified should the Board agree to commit money to the project. DOWNTOWN DEVELOPMENT ddoAUTHORITY TO: DDA Board of Directors FROM: Chip Steiner DATE: January 6, 2004 RE: DDA/DBA Agreement The Board needs to approve the extension of the DDA-DBA agreement for the year 2004 by authorizing the Chair to sign the extension letter. The basic terms of this agreement are that the DDA makes the services of its Office Manager (currently Anne) available to the DBA, that the DBA continue to market and promote downtown at a level equal to or greater than what was provided in 2003, that the DDA will contribute $10,000 to the DBA provided that $8,000 is used to pay for the services of the Office Manager with the balance constituting the DDA's membership dues, and finally, that the DBA continues to provide a seat on its Board to a member of the DDA Board. The letter and resolution authorizing the chair to sign it are attached for Board review. DOWNTOWN DEVELOPMENT AUTHORITY January 6, 2004 Mr. David Zamzow, President Downtown Business Association 19 Old Town Square, Suite 230 Fort Collins, CO 80524 Dear Mr. Zamzow, The Downtown Development Authority Board of Directors has approved the renewal of the DDA-DBA relationship as established by the jointly signed letter of January 14, 1999 and last renewed January 9, 2003. Toward that end, DDA and DBA agree to the continuation of the following arrangement: 1. The DDA will employ an Office Manager whose services will be made available to the DBA providing that: a. Those services provided by the DDA on behalf of the DBA are consistent with the purposes of the DDA as provided for by statute; b. The responsibilities and obligations of the Office Manager to the DDA are not compromised, and that supervision of this position rests solely with the DDA Executive Director and/or the DDA Board of Directors; c. That the Office Manager engages in no activity not permitted by the laws and regulations governing the activity of a public employee. 2. The Downtown Business Association will continue to perform marketing and promotional services at a financial level equal to or in excess of the 2003 program. 3. The DDA has made a commitment of $10,000 to the DBA. Of the $10,000 commitment, the DBA will allocate $8,000 toward the salary of the Office Manager, resulting in the remaining $2,000 being applied as DDA's annual membership dues to the Downtown Business Association. 4. The parties agree to pay on a pro rats basis all other shared costs including, but not limited to, rent, janitorial, telephone, office supplies and computer charges. 5. The DBA continues to provide one seat on its Board of Directors to the Downtown Development Authority. The DDA Board of Directors resolution authorizing the Chair to sign the letter of agreement is attached. Signed and Agreed to: DOWNTOWN DEVELOPMENT AUTHORITY 0 Kim Jordan, Chair DOWNTOWN BUSINESS ASSOCIATION 0 David Zamzow, President Date: Date: RESOLUTION 2004-01 OF THE BOARD OF DIRECTORS OF THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY AUTHORIZING THE CHAIR TO ENTER INTO A LETTER OF AGREEMENT WITH THE DOWNTOWN BUSINESS ASSOCIATION FOR THE PROVISION OF RECIPROCAL SERVICES WHEREAS, the Fort Collins Downtown Development Authority has been duly organized in accordance with the Colorado Revised Statutes 31-25-804, 1973 as amended; and, WHEREAS, the Board of Directors of the Downtown Development Authority and the Downtown Business Association find it to be in their mutual interests to work together for the improvement of the central business district; and, WHEREAS, the Downtown Development Authority finds the activities of the Downtown Business Association to partially fulfill and be consistent with the statutory purposes of the Downtown Development Authority; and, WHEREAS, the parties understand that a mutual working relationship shall be in accordance with all applicable law governing the operation and conduct of a public body and public employees. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY, that it hereby authorizes the Chair to enter into a Letter of Agreement with the Downtown Business Association to share in the mutually beneficial services as described in the letter attached hereto and incorporated herein. Term of this agreement shall be for the 2004 calendar year. Passed and adopted at a regular meeting of the Board of Directors of the Fort Collins, Downtown Development Authority this 6th day of January, 2004. Kim Jordan, Chair ATTEST: Jason Meadors, Secretary/Treasurer DOWNTOWN DEVELOPMENT AUTHORITY TO: DDA Board of Directors FROM: Chip Steiner DATE: January 6, 2004 RE: Office Manager Contract Extension As the Board is aware, Anne Garrison is retiring. However, she has graciously agreed to stay with the DDA during the time it takes to hire and transition a new employee into the job. To provide for this extension of services, a month -to -month contract has been drafted which provides for the continuation of salary and benefits for Anne until the new employee can assume all duties. The contract, which is based on the document used by the DDA to employ an interim executive director at the time Jay Hardy left, is attached for Board review. The chair needs to be authorized to sign the contract. Again, I want to personally thank Anne not only for agreeing to stay through this transition period but for the eight wonderful years of dedicated, professional, sometimes even passionate, service she has given to the DDA and to downtown Fort Collins. Much against her will, we are planning a farewell affair for Anne and will notify the Board of these plans once they are finalized. PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 8th day of January, 2004, by and between The Fort Collins, Colorado Downtown Development Authority, a body corporate and politic (the f°DDA"), and Anne Garrison, (the "Professional"). WITNESSETH: WHEREAS, the Professional has extensive experience and knowledge related to downtown development activities and has previously been employed by the DDA as its Administrative Office Manager; and WHEREAS, the current Professional will be leaving the post on December 31, 2003, and the permanent post will be vacant for at least thirty (30) days while the DDA screens and interviews potential applicants; and WHEREAS, it is the opinion of the Board that an interim arrangement with the Professional for limited administrative services is sufficient to properly continue the affairs of the DDA, and that it is in the best long-term interests of the DDA and the public constituency which it serves, to provide experienced and competent administrative services to handle the current and projected office management workload of the DDA prior to hiring a new employee. NOW, THEREFORE, in consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties as follows: 1. Scope of Services. The Professional agrees to provide administrative office management services in accordance with the scope of services attached hereto as Exhibit "A", consisting of one (1) page, and incorporated herein by this reference. 2. The Work Schedule. The services to be provided pursuant to this Agreement shall be performed in a timely manner and in a manner to ensure the uninterrupted flow of normal DDA business. 3. Time of Commencement and Completion of Services. This Agreement shall be effective January 1, 2004, and the services to be provided pursuant to this Agreement shall continue uninterrupted for a period of thirty days -and month -to -month thereafter. 4. Early Termination by the DDA. Notwithstanding the time periods contained herein, the DDA may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice. With cause, the DDA may terminate this Agreement by providing written notice of termination to the Professional. In the event of any such early termination by the DDA, the Professional shall be paid for services rendered prior to the date of termination, pro- rated based on the number of days worked in the month of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Early Termination by the Professional. Notwithstanding the time periods contained herein, the Professional may terminate this Agreement upon providing written notice to the DDA at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed to between the parties. In the event of any such early termination by the Professional, the Professional shall be paid on a pro-rata basis for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the DDA shall pay to the Professional the total sum of Two Thousand, Nine Hundred and Sixty Five Dollars and Ninety Two Cents ($2,965.92) for the thirty (30) day term of this Agreement, to be paid in two by -monthly installments of One Thousand, Four Hundred and Eighty Two Dollars and Ninety Six Cents ($1,482.96) on the second and fourth Fridays of the month of January. Compensation shall include all benefits included in the package paid to Professional according to the contract that expired December 31, 2003. 7. Appropriation Contingencv. The payment obligation of the DDA under this Agreement is expressly subject to an annual appropriation of the DDA and the City of Fort Collins, Colorado for such purpose. 8. The DDA Board and Employees. The Professional shall perform work at the direction of the Executive Director who shall make, within the scope of his/her authority, all necessary and proper decisions with reference to the terms of this Agreement. 9. Not an independent Contractor. The services to be performed by the Professional are as a contract employee of the DDA. The DDA shall be responsible for withholding any portion of the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 10. Personal Services. It is understood that the DDA enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent or direction of the DDA. 11. Exclusive. It is understood and agreed between the parties that the services provided under this Agreement shall be the primary business of the Professional. as defined by the scope of services in Exhibit "A." 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. 14. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to: (a) terminate this Agreement and seek damages; (b) treat this Agreement as continuing and require specific performance; or (c) avail himself or herself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting party's reasonable attorney's fees and costs incurred because of the default. 15. Notices. All notices to the DDA should be sent to the following address: The Fort Collins, Colorado Downtown Development Authority Attention: Chairperson 19 Old Town Square, #230 Fort Collins, CO 80524 With a copy to: Lucia A. Liley Liley, Rogers & Martell, LLC 300 South Howes Street Fort Collins, CO 80521 and to the Professional at the following address: Anne Garrison 2260 Hiawatha Court Fort Collins, CO 80525 Any party may direct the other in writing to send any notices or make any payments due to such addresses or to any address subsequently designated by the party in writing. 16. Binding Effect. All of the terms and provisions of this Agreement shall be binding upon, inure to the benefit of and be enforceable by the respective successors, assigns, heirs and personal representatives of the parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. DATED the date set forth above. THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic Kim Jordan, Chair ATTEST: Secretary the Professional Downtown Development Authority Administrative Office Manaeer ESSENTIAL DUTIES AND RESPONSIBILITIES: Performs the day to day duties and operation of running the DDA office including phone answering, customer service, handling written correspondence and verbal communication, filing, paying bills and record keeping. Tracks projects to insure all documents necessary to execute agreements are assembled and complete. Periodically reviews completed projects to insure continued compliance with terms and conditions of agreements. Serves as liaison to the City of Fort Collins and other relevant agencies and organizations as assigned. Compiles and types business and statistical reports. Records minutes of Board of Directors meetings. Provides clerical and administrative services to other organizations as directed by the DDA Executive Director. DOWNTOWN DEVELOPMENT AUTHORITY DDA BOARD MEETINGS YEAR 2004 HELD AT 303 E. MOUNTAIN AvENUE AT 7:30 Am HOME STATE BANK BUILDING * JAN 08 * JUL 01 * FEB 05 * AUG 05 * MAR 04 * SEP 02 * APR 01 * OCT 07 * MAY 06 * NOV 04 * JUN 03 * DEC 02