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HomeMy WebLinkAboutDowntown Development Authority - Minutes - 09/06/20010 Larry Stroud, Chair 482-6066 (W) Chuck Wanner, Council Liaison 484-0810 (H) Anne Garrison, Staff liaison 484-2020 (W) DOWNTOWN DEVELOPMENT AUTHORITY BOARD OF DIRECTORS MEETING MINUTES OF SEPTEMBER 6, 2001 REGULAR MEETING THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY MET IN REGULAR SESSION AT 7:30 A.M. ON SEPTEMBER 6, 2001 IN THE LODGE AT 130 MELDRUM, FORT COLLINS. CO 80524 PRESENT THERE WERE PRESENT: KIM JORDAN, VICE CHAIR JASON MEADORS, SECRETARY/TREASURER CHUCK WANNER GREG BELCHER RICK GooDALE MARY BRAYTON STEVE TAYLOR ABSENT LARRY STROUD. CHAIR CAREY HEWITT STAFF JAY HARDY, EXECUTIVE DIRECTOR ANNE GARRISON LUCIA L ILEY, COUNSEL GUESTS JOHN FISCHBACH, DAVID SHORT, CAROL TUNNER, MACK ANDERSON, MIKAL TORGERSON, BROW SKY, KATHLEEN REAVIS. MICKY WILLIS. KORKUT ONARAN, JOHN WOLF, GARY DEDE, DON BACHMAN, Rom PHIWPS, ALAN KRCHMARIK CALL TO ORDER THE MEETING WAS CALLED TO ORDER BY KIM JORDAN AT 7.30 A.M. AND ROLL CALL WAS TAKEN. APPROVAL OF MR. MEADORS MOVED TO ADOPT THE MINUTES OF AUGUST 1, 2001 AS WRITTEN AND MINUTES MR. BELCHER SECONDED THE MOTION WHICH CARRIED UNANIMOUSLY. WELCOME MS. JORDAN EMENDED A WARM WELCOME ON BEHALF OF THE BOARD OF DIRECTORS TO NEW BOARD MEMBER, STEVE TAYLOR. DDA MINUTES PAGE 2 NORTH COLLEGE KATHLEEN REAMS, CITY TRANSPORTATION PLANNING. GAVE THE PRESENTATION, EXPLAINING IMPROVEMENT PLAN THAT INITIALLY, THERE WERE FIVE CONCEPT DESIGN ALTERNATIVES, BUT THROUGH A PROCESS OF TECHNICAL ANALYSIS AS WELL AS PUBLIC INPUT, A RECOMMENDED, PREFERRED ALTERNATIVE HAS BEEN DETERMINED. INCLUDED IN THE RECOMMENDATION IS A SINGLE SOUTHBOUND LEFT TURN LANE FROM NORTH COLLEGE TO JEFFERSON, AS WELL AS THE FREE FLOW RIGHT TURN LANE FROM WESTBOUND JEFFERSON TO NORTHBOUND COLLEGE AVENUE. ALSO INCLUDED 13 THE FUTURE REMOVAL OF THE NORTHBOUND LEFT TURN FROM COLLEGE TO CHERRY STREET. THE LATTER WILL BE PHASED IN OVER TIME AS TRAFFIC CONDITIONS DEMAND. BICYCLE AND PEDESTRIAN IMPROVEMENTS INCLUDE ON -STREET BICYCLE LANES AS WELL AS OFF ROAD SICYCLE/PEDESTRWi PATHS. SIDEWALKS AND STREETSCAPE IMPROVEMENTS COMPLETE THE PACKAGE. CONSIDERATION M\S BEEN GIVEN TO ENHANCING THE CONNECTION TO THE POUDRE RIVER TRAIL, AND A BALANCE 13 SOUGHT BETWEEN VEHICULAR NEEDS, PEDESTRIANS AND BICYCLISTS. IT IS HOPED TO CREATE LESS OF AN URBAN LOOK AND MORE OF A DOWNTOWN FEEL WITH THESE IMPROVEMENTS. THE CONCEPTUAL DESIGN 13 BEING REFINED AND SHOULD BE COMPLETED THIS FALL. THE CRY WILL BE WORKING CLOSELY WITH PROPERTY AND BUSINESS OWNERS, AND MORE PUBLIC MEETINGS WILL FOLLOW, FINAL DESIGN, RIGHT OF WAY ACQUISITION AND CONSTRUCTION WILL ALL BE COMPLETE BY 2005. BICYCLE AND PEDESTRIAN IMPROVEMENTS MAY BE POSSIBLE BEFORE 2004, WHEN THE MAIN CONSTRUCTION WILL TAKE PLACE. 328 REMINGTON STREET MR. HARDY REFLECTED THAT THIS PROPERTY WAS ANNEXED INTO THE DDA DISTRICT IN (OLD BAPTIST CHURCH) 1998. AND THE BUILDING WAS AWARDED A STATE HISTORICAL GRANT. RECENTLY PURCHASED BY TERRY SHORES COMMUNITY CHURCH, IT HAS BEEN RETURNED IT TO ITS ORIGINAL USE. THE OWNERS REQUEST IS FOR $74,3450,50. IMPROVEMENT COSTS ARE ESTIMATED AT $338,622 OF WHICH $64,361 IS ASSOCIATED WITH THE FACADE RENOVATION. THE CHURCH PLANS TO APPLY FOR A NON PROFIT STATUS, THEREBY ELIMINATING ANY POTENTIAL TAX INCREMENT RETURN. MIKAL TORGERSON EXPLAINED THE URGENT NEED FOR ROOF REPAIRS, POINT WORK ON STONE AND GLAZING. HE ALSO NOTED THAT THE ROSE WINDOW WHICH GRACES THIS CHURCH 13 THE ONLY ONE IN NORTHERN COLORADO. IT IS ALSO HOPED TO RESTORE THE HISTORIC SPIRE, ALTHOUGH IT IS NOT PART OF THIS PROPOSAL. BRIAN SKY, PASTOR OF THE CHURCH, STATED THAT THE CHURCH WILL BE IN USE MUCH MORE THAN ONCE A WEEK ON SUNDAY. THEREBY BRINGING INDIVIDUALS AND FAMILIES INTO THE DOWNTOWN MANY TIMES THROUGHOUT THE WEEK. ARRANGEMENTS HAVE BEEN MADE WITH OTHER PROPERTY OWNERS AND BUSINESSES IN THE AREA TO ACCOMMODATE THE PARKING NEEDS. THE BEAUTY OF THE BUILDING ALONE HAS STIMULATED SEVERAL REQUESTS TO HOLD WEDDINGS AND CTHER FESTIVITIES IN THE CHURCH, AND THE SIGNIFICANCE OF THIS HISTORIC BUILDING ON A DOWNTOWN CORNER CANNOT BE MEASURED. CAROL TUNNER UPDATED THE BOARD, NOTING THAT SHE HAD WRITTEN TO THE STATE HISTORICAL SOCIETY REQUESTING TRANSFER OF THE ORIGINAL GRANT TO THE NEW OWNERS. A NEW CONTRACT WILL BE SIGNED WHEN MATCHING FUNDS HAVE BEEN RAISED. MR. HARDY ADVISED THAT A BALANCE OF $86, 1 29 REMAINS IN THE ADMINISTRATIVE CAPITAL PROJECTS FUND. HOWEVER, SHOULD THE BOARD ELECT TO PARTICIPATE IN THE FUNDING OF THIS PROJECT, HE RECOMMENDED A TRANSFER FROM TAX INCREMENT RESERVE FUND. A DEBT MUST STILL BE ESTABLISHED WITH THIS TRANSFER. DDA MINUTES • • PAGE 3 AFTER SOME DISCUSSION, MR. GOODALE MOVED TO TABLE THE ISSUE UNTIL OCTOBER. THE MOTION FAILED FOR LACK OF A SECOND. MR. WANNER MOVED TO PARTICIPATE IN THE AMOUNT OF $33,800, WHICH IS AT THE 1 0% LEVEL, CHARACTERISTICALLY USED AS A GUIDELINE FOR FUNDING PROJECTS IN THE PAST. MR. GOODALE SECONDED THE MOTION, BUT ADDED A FRIENDLY AMENDMENT THAT FUNDS BE SPENT ONLY ON THE FACADE. AT THIS JUNCTURE, BRIAN SKY ASKED IF THE BOARD WOULD TAKE MORE TIME TO CONSIDER ITS PARTICIPATION, BASED ON THE $50,000 AFFORDED THE PREVIOUS PROJECT WHICH WAS TO BE HOUSED IN THIS BUILDING. ON THE ADVICE OF COUNSEL, MR. GOODALE THEN DISCLOSED HIS OWNERSHIP IN AN APARTMENT BUILDING SITUATED EAST OF THE PROJECT. FROM THIS POINT ON, HE REFRAINED FROM TAKING PART IN THE DISCUSSION AND VOTE THAT FOLLOWED. MS. BRAYTON THEN MOVED TO TABLE THE DECISION UNTIL A LATER DATE THUS ACKNOWLEDGING MR. SKY'S REQUEST FOR SOME FURTHER DELIBERATION ON THE AMOUNT OF PARTICIPATION. MS. BRAYTON LATER WITHDREW THE MOTION. FOLLOWINO WHICH MS. JORDAN RECOMMENDED THAT THE BOARD TRY TO CONSIDER THE MATTER LATER THAT DAY, TOWARD THE CLOSE OF THE MEETING. LATER IN THE DAY, THIS PROJECT WAS REVIEWED AGAIN, AT WHICH POINT MR. GOODALE EXITED THE MEETING DUE TO A POTENTIAL CONFLICT OF INTEREST. MR. MEADORS MOVED TO SUPPORT 328 REMINGTON STREET IN THE AMOUNT OF $55,000, APPROXIMATELY ONE THIRD OF THE PROJECT, BASED ON THE HISTORICAL SIGNIFICANCE OF THE BUILDING. THE MOTION DIED FOR LACK OF A SECOND. MB. BRAYTON MOVED TO COMMIT UP TO $35,000 BASED ON 1 O% OF THE PROJECT COST. THE MOTION DIED FOR LACK OF A SECOND. MR. BELCHER MADE A MOTION TO SUPPORT THE PROJECT UP TO $45,0010 BASED ON THE VALUE OF THE STRUCTURE TO DOWNTOWN AND ITS HISTORICAL SIGNIFICANCE.. MS. BRAYTON SECONDED THE MOTION. MR. TAYLOR ASKED IF MR. BELCHER WOULD ENTERTAIN A FRIENDLY AMENDMENT IN WHICH THE AMOUNT WAS CHANGED TO UP TO $64,381 . MR. BELCHER DID NOT CONCUR AND WITHDREW HIS MOTION. MR. TAYLOR THEN MOVED TO SUPPORT THE PROJECT UP TO $54,3151 USING TAX INCREMENT RESERVES. THE MOTION WAS SECONDED BY MS. JORDAN. MR. TAYLOR NOTED THE SIGNIFICANCE OF SUCH A BEAUTIFUL BUILDING IN DOWNTOWN AND STATED THAT IT HAD SERIOUSLY DETERIORATED IN THE PAST THREE YEARS; THAT ITS PRESENCE AS A WORKING CHURCH WILL ENCOURAGE FAMILIES AND INDIVIDUALS TO FREQUENT DOWNTOWN, NOT MERELY ON SUNDAY. HE STATED THAT IN MAJOR CITIES AROUND THE NATION, BEAUTIFUL DOWNTOWNS ALWAYS HAVE ONE OR TWO CHURCHES OF ARCHITECTURAL SIGNIFICANCE NESTLED MONO THE BUSINESSES. THIS BUILDING STANDS ALONE IN ITS BEAUTY AND HISTORICAL SIGNIFICANCE IN OUR DOWNTOWN. THE MOTION CARRIED WITH MR. GoomALE ABSTAJNINO AND MS. BRAYTON OPPOSED. MASON STREET NORTH THIS PROJECT WAS CONCEPTUALLY REVIEWED BY THE BOARD AT A PREVIOUS MEETING, AND RETURNS TO DDA TODAY WITH A FUNDING REQUEST. THE MONIES WILL BE USED FOR PUBLIC EASEMENTS, AND IT WAS NOTED THAT THE PROJECT IS ALREADY IN THE SUBMITTAL PROCESS AT THE CITY, AND HAS BEEN WELL RECEIVED THUS FAR, WITH ONLY MINOR CHANGES BEING SUGGESTED. MR. HARDY EXPLAINED THAT THE TIMELINE FOR CONSTRUCTION IS SIGNIFICANT. THE PROJECT NEEDS TO BE COMPLETED BY THE END OF 2002 OTHERWISE IT CHANGES THE FINANCIAL ASPECTS. MS. LILEY ADDED THAT THE AGREEMENT WOULD REFLECT A REDUCTION IN FUNDING IF THE PROJECT WAS NOT COMPLETED AS AGREED. DDA MINUTES • • PAGE 4 THERE WERE QUESTIONS REGARDING THE RISK FACTOR FOR DDA. ESSENTIALLY IT 15 MINIMAL, INASMUCH AS FUNDS ARE NOT RELEASED UNTIL THE PROJECT IS COMPLETED, AND A BREAKDOWN OF THE COSTS AGREED TO BY DDA IS SUBMITTED. PARTICIPATION CANNOT BE GREATER THAN THE AMOUNT APPROVED BY THE BOARD, AND IN SOME CASES MAY BE LESS. MS. BRAYTON THEN MADE A MOTION TO FUND THIS PROJECT IN THE AMOUNT OF $25 1.570 USING REMAINING APPROPRIATED FUNDS FOR FY 2001 BOND PAYMENT AND TAX INCREMENT, WITH A COMPLETION DATE OF DECEMBER 3 1. 2002. 71115 WAS SECONDED BY MR. BELCHER AND CARRIED UNANIMOUSLY. 185 N. COLLEGE MACK ANDERSON RETURNED TO THE BOARD ONCE AGAIN TO PRESENT SOME PROPOSED CHANGES TO THE SIGNAGE OF JOHNNY'S PLACE. MR. ANDERSON ATTEMPTED TO BRING THE SIONAGE MORE IN LINE WITH THE CONCEPTUAL DRAWINGS ORIGINALLY SUBMITTED, AND TO SOFTEN THE EXTERIOR WITH THE USE OF DARK GREEN AWNINGS. 711E BORDER OF THE SIGNAGE WILL BE CHANGED TO ENGENDER A BUILT IN EFFECT, WITH STUCCO DETAIL. MS. BRAYTON MOVED TO ACCEPT THE GREEN AWNING AND NEW SIGNAGE, AS DEPICTED ON THE DRAWING, BUT REQUESTED THE LETTERING OF 'JOHNNY'S PLACE' MATCH THE COLOR OF THE AWNING. 711E MOTION WAS SECONDED BY MR. GOODALE, AT WHICH TIME A FRIENDLY AMENDMENT WAS OFFERED BY MS. JORDAN THAT A COLORED AND TO SCALE DRAWING BE MADE AVAILABLE TO ATTACH TO THE AGREEMENT. THIS WAS ACCEPTABLE TO BOTH PARTIES AND THE MOTION CARRIED UNANIMOUSLY. MULBERRY/LEMAY MR. HARDY THANKED CITY STAFF FOR ITS GRACIOUS COMPLIANCE IN PROVIDING ALL INTERSECTION NECESSARY BACKGROUND INFORMATION TO PREPARE FOR THIS FUNDING REQUEST. CITY COUNCIL APPROVED THIS ANNEXATION IN DECEMBER 2000 AND IN FEBRUARY 200 1 IT APPROVED THE SPENDING OF ANTICIPATED FUNDS UP TO $376,000 TO BE PAID TO RESERVES. MR. HARDY SUGGESTED THAT THE BOARD USE THE PROCEEDS OF THE TAX INCREMENT IN THE FOLLOWING RECOMMENDED PAYMENT SCHEDULE: YEAR 2002 - UP TO $35,000 YEAR 2003 - UP TO 1/4 OF REMAINING BALANCE YEAR 2004 - UP TO 1 /4 OF REMAINING BALANCE m YEAR 2005 - UP TO 1 /4 OF REMAINING BALANCE m FIKAL PAYMENT (ANNUAL PAYMENT FOR YEARS 2003 To 2006 WOULD BE $65, 250) MR. BELCHER MOVED TO SUPPORT THE FUNDING OF THIS INTERSECTION UP TO $3745,000 AS OUTLINED BY STAFF. MR. MEADORS SECONDED THE MOTION WHICH CARRIED UNANIMOUSLY. DOWNTOWN HOLIDAY DAVID SHORT, EXECUTIVE DIRECTOR FOR THE DOWNTOWN BUSINESS ASSOCIATION, LIGHTS FUNDING APPEARED BEFORE THE BOARD TO LAY OUT A SCHEDULE FOR THE SECOND YEAR OF A THREE YEAR PLAN TO BEAUTIFY DOWNTOWN WITH HOUDAY LIGHTS. LAST YEAR THE BOARD AGREED TO SUPPORT THE UPGRADE IN THE AMOUNT OF $20,000 PARTNERING WITH DBA AND THE CITY TO MAKE DOWNTOWN REALLY SHINE. MANY MORE STRINGS OF COMMERCIAL GRADE LIGHTS ON EACH TREE, EMENDING THEIR COVERAGE ALONG WALNUT AND LINDEN TO SHOWCASE THE NEWLY RENOVATED NORTHERN HOTEL, SHOULD MAKE 2001 A SPECTACULAR YEAR. ONCE AGAIN, THE FUNDING REQUEST IS FOR $20,000. MR. SHORT TOOK A FEW MOMENTS TO EXPLAIN THAT IN THE PAST, SIX STRANDS OF UQHTS PER TREE WERE USED. NOW MATURE, THE EFFECT ON THE TREES IB GREATLY DIMINISHED AND THE DIFFERENCE, MADE POSSIBLE LAST YEAR BY THE ADDITIONAL LIGHTS, WON POSITIVE PUBLIC APPROVAL. NOVEMBER 1. WILL BE THE DATE OF INSTALLATION THIS YEAR. MR. GOODALE MOVED TO ALLOCATE $20,000 FROM ADMINISTRATIVE FUNDS TOWARD THE HOLIDAY UQHTS PROGRAM, THIS WAS SECONDED BY MR. BELCHER AND CARRIED UNANIMOUSLY. DDA MINUTES • • PAGE S SEIZING THE OPPORTUNITY FOR MR. SHORE TO PROVIDE BACKGROUND INFORMATION AND ANSWER QUESTIONS, MS. BRAYTON SOLICITED THE DDA BOARD'S INPUT ON THE THURSDAY NIGHT CONCERTS. MR. SHORT EXPLAINED THAT SPACE HAS BECOME AN ISSUE AND OLD TOWN SQUARE IS NO LONGER ADEQUATE FOR THE CROWD. THE SHEER NUMBER OF YOUNG PEOPLE HAS CAUSED A REDUCTION IN TRADE FOR THE BUSINESSES AND FIGHTS HAVE ESCALATED. A SURVEY OF THE MEMBERSHIP IS PLANNED IN THE NEXT FEW WEEKS. ONE SUGGESTION MADE BY THE BOARD WAS HAVING TWO ENTERTAINMENT FORUMS PLAYING SIMULTANEOUSLY, BUT IN DIFFERENT PLACES. THIS WOULD PERHAPS SPLIT THE CROWD BETWEEN TWO AREAS. IDEAS FROM OTHER CITIES WERE RECALLED AND REVIEWED. BOARD ALTERNATE THIS ORDINANCE WAS APPROVED BY CRY COUNCIL AT FIRST READING ON AUGUST 2 1, VOTING PRIVILEGE 2001 . IT WOULD ALLOW ALTERNATE, BILL BERTSCHY, VOTING RIGHTS ON ALL AGENDA ITEMS IN THE ABSENCE OF CURRENT LIAISON, CHUCK WANNER. SECOND READING IS SLATED FOR SEPTEMBER 18, 2001 . MR. FISCHBACH HAS BEEN KIND ENOUGH TO DELAY FURTHER ACTION UNTIL THE DDA BOARD HAS HAD THE OPPORTUNITY TO REVIEW THE: ORDINANCE. MR. WANNER ADDRESSED THE BOARD ON THIS ISSUE, STATING THAT IT IS 114POFZTANT THAT THE ALTERNATE VOTING PRIVILEGE IS ACCEPTED BY THE DDA BOARD, AND THAT STAFF SHOULD DO EVERYTHING POSSIBLE TO MAKE THE ALTERNATE AWARE OF ALL. ISSUES, SO THAT AN EDUCATED VOTE CAN BE CAST. MR. MEADORS MOVED TO AFFIRM THE ALTERNATE VOTING PRIVILEGE, AS PRESENTED, THIS WAS SECONDED BY MR. GOODALE AND CARRIED UNANIMOUSLY. THE BOARD THEN DIRECTED A LETTER TO BE SENT TO MR. FISCHBACH AFFIRMING DDA'S DECISION. DDA'S FINANCIAL MR. HARDY'S OPENING REMARKS REMINDED THE BOARD THAT DDA WAS LESS THAN FIVE OUTLOOK YEARS FROM ITS SUNSET. CONTAINED IN THE PACKETS ARE TWO SPREADSHEETS FOR REVIEW BY THE BOARD. THESE SHEETS PROVIDE INFORMATION ON THE TAX INCREMENT AND MILL LEVY FUNDS. ALSO DISCUSSED AT THIS TIME WAS AN OVERVIEW OF DDA FOR THE NEXT FIVE YEARS, AND ITS BONDING CAPABILITIES FOR THE REMAINING TIME. OF INTEREST, WAS THE MOST RECENT CERTIFICATEOFVALUE RECEIVED FROM LARIMER COUNTY, WHICH SHOWED AR INCREDIBLE LEAP OF THIRTY MILLION DOLLARS FROM YEAR 2000. THEN FOLLOWED AN EXPLANATION OF FUNDING MECHANISMS, AND A QUESTION AND ANSWER PERIOD WITH ALAN KRCHMARIK. THE BOARD WAS ADVISED THAT WHILE THE TAX INCREMENT FUNDING ENDS WHEN DDA SUNSETS, THE MILL LEW DOES NOT, AND COUNSEL EXPLAINED. IT IS A REASON TO CONTINUE DDA AND WORK OUT THE TAX INCREMENT ISSUE. IN ANY EVENT, THE CITY IS ODA'S SUCCESSOR ENTITY. LUNCH BREAK MORNING SESSION .(. . .j. .j. .j. .i. q. $ . . . . . .I. .j. .j. .1. CONCLUDES PROJECT REVIEW MR. GOODALE PROVIDED AN HISTORICAL OVERVIEW OF DDA'S FUNDING PARTICIPATION THROUGH THE YEARS, AND NOTED THE UNWRITTEN GUIDELINES WHICH SUGGESTED FUNDING SHOULD BE 1 0% OF THE PROJECT, THE AMOUNT NOT TO EXCEED THE COST OF THE FACADE. IN CONSIDERING A PROJECT, THE BOARD TOOK INTO CONSIDERATION NEED, ECONOMIC IMPACT, AND HAD TO BE CAREFUL OF GIVING TOO LARGE AN AMOUNT. THE REASON BEING DDA DID NOT HAVE THAT MUCH MONEY TO GIVE, AND BECAUSE IT WAS CONSIDERED POLITICALLY DANGEROUS TO GIVE TOO MUCH, LEST THERE BE THE PERCEPTION OF SUBSIDIZING PRIVATE INDUSTRY. MR. BELCHER SUGGESTED A WEIGHTED POINT SYSTEM, PUTTING TOGETHER A LIST OF PRIORITIES WITH A PERCENTAGE RATING. THE TIGHTER THE DEFINITIONS THE: MORE CREATIVITY IS LIMITED. OTHER CONSIDERATIONS SHOULD BE THE PREVAILING PRODUCT MIX AND THE AVAILABILITY OF FUNDS. MR. HARDY WILL IDENTIFY BETWEEN 6 - 10 CRITERIA TO BE PRESENTED TO THE BOARD AT ITS NEXT MEETING. DDA MINUTES • • PAGE 6 MS. BRAYTON SUGGESTED THAT AS PROTECTION FOR BOTH STAFF AND BOARD, DDA SHOULD HAVE A FORMAL UST DEFINING WHAT IT IS THE BOARD LOOKS AT. OTHER AVAILABLE SOURCES OF FUNDING SHOULD ALSO BE CONSIDERED. THE STAFF SHOULD ADVISE THE BOARD REGARDING ITS FINANCIAL STATUS, HOW MUCH INCREMENT IT IS ANTICIPATED WILL BE GENERATED, AND WHAT IMPACT THE PROJECT WILL HAVE ON DOWNTOWN. MS. BRAYTON REMINDED THE BOARD THAT DDA'S PARTICIPATION IS NOT AN ENTITLEMENT. A LIST OF BOARD CONSIDERATIONS SHOULD THEN BE PRESENTED TO EACH APPLICANT'. PERFORMING ARTS CTR THE FOLLOWING QUESTION WAS POSED: 'IS THERE A FORMAL RESOLUTION OR OTHER LIBRARY & MUSEUM ACTION THE BOARD NEEDS TO TAKE ON THIS BALLOT ISSUE?' MR. FISCHBACH ADVISED THAT THE NEW LIBRARY WOULD BE LOCATED ON THE OLD CREAMERY SITE. MS. BRAYTON RECOMMENDED ISSUING A FORMAL STATEMENT OF SUPPORT FOR THE CAMPAIGN. MR. HARDY SUGGESTED FUNDING A FEATURE WITHIN THE PERFORMING ARTS CENTER THAT WOULD TAKE IT TO A HIGHER LEVEL, SUCH AS A CONFERENCE ROOM OVERLOOKING THE RIVER OR MOUNTAINS. MR. FISCHBACH PROPOSED THE RESTORATION AND PRESERVATION OF THE HISTORIC PORTIONS OF THE CREAMERY, OR COMMITTING TO A WATER FEATURE AT EACH OF THE PROJECTS. HE ALSO INDICATED THAT PARKING, WHICH ALWAYS PRESENTS A PROBLEM WOULD WELCOME DDA'S ASSISTANCE. MB. BRAYTON THEN MOVED TO FORMALIZE DDA'S SUPPORT OF IMAGINE FORT COLLINS IN THE FORM OF A RESOLUTION, IN WHICH THE ALM4pg Y WOULD OMMIT TO IN DISCUSSIONS WITH THE CITY IN ANTICIPATION OF HEL NO ND NADDITIONAL PARKING STRUCTURE TO MEET THE PARKING NDS OF THE DOWINMOWN AREA, MS. ULEY OFFERED A FRIENDLY AMENDMENT TO THE MOTION, CHANGING THE UNDERLINED PORTION ABOVE TO READ: 'DDA INTENDS TO PURSUE A NEW PARKINGGARAGE WITH THE CITY, TO MEET ADDITION_ PA KING NEEDS IN THE - ' - - ' THE MOTION WAS SECONDED BY MR. BELCHER AND CARRIED, WITH MS. JORDAN OPPOSED. MS. JORDAN EXPLAINED THAT WHILE SHE FULLY SUPPORTS IMAGINE FORT COLLINS, SHE BELIEVES THAT AT THIS EARLY DATE, DDA'S COMMITMENT TO ASSIST THE CITY, SHOULD BE OPEN HANDED AND NOT NECESSARILY TIED TO PARKING. SHE WOULD HAVE PREFERRED THE MOTION NOT BE "BUNDLED," SO SHE COULD HAVE VOTED FOR IMAGINE FORT COLLINS, AND THEN STATED THAT "DDA LOOKS FORWARD TO BEING A VALUE ADDED PARTICIPANT IN WHATEVER CAPACITY COMES TO LIGHT AS THE PROJECT GETS UNDERWAY." FUTURE OF DDA MR. HARDY DEFERRED TO COUNSEL FOR A REPORT ON THE PROGRESS OF THE 'FUTURE OF THE DDA.' MS. LILEY CONFIRMED THAT SOME LEGAL ISSUES HAD ARISEN WHICH SHE IS WORKING ON, TOGETHER WITH THE Cm ATTORNEY AND BOND COUNSEL. WHILE THERE IS NO OPINION AS YET THE DELAY IS CERTAINLY NOT INTENTIONAL. ANOTHER MEETING IS PLANNED IN THE NEAR FUTURE, AT WHICH TIME MS. LILEY HOPES TO BRING THIS TO A CONCLUSION. UNTIL THAT TIME, DDA CANNOT CREATE ANY NEW TAX INCREMENT SCENARIOS. UNFORTUNATELY, IT IS ALL TIED UP IN THE TABOR DISCUSSIONS. AND IT WAS HOPED THAT THE CASE WHICH WENT TO THE SUPREME COURT MIGHT BE OF SOME HELP, BUT IT WAS DECIDED ON GROUNDS WHICH DID NCT BENEFIT OUR CASE. WE STILL HAVE THE OPTION OF DOING A TEST CASE, BUT IT IS AN AVENUE WHICH IS BOTH LENGTHY AND EXPENSIVE, SOMETIMES TAKING YEARS TO GET THROUGH THE SYSTEM, WITH NO GUARANTEE AT THE END. MS. ULEY STATED THAT THEY WERE ALSO LOOKING AT THE POSSIBILITY OF THE GOVERNOR SUBMITTING INTERROGATORIES TO THE SUPREME COURT. HE IS CONSIDERING THIS NOW FOR URBAN RENEWAL. AUTHORITIES, BUT THE QUESTION IS DIFFERENT FOR THEM THAN IT 13 FOR DDA'$, AND THE GOVERNOR HAS BEEN DELIBERATING THIS ACTION FOR ABOUT A YEAR NOW. DOA MINUTES PAGE 7 THE FAVORED OPTION TO DATE WOULD BE TO CREATE A NEW TWENTY FIVE YEAR TAX INCREMENT PERIOD BY AMENDING OUR PLAN OF DEVELOPMENT THROUGH CITY COUNCIL. THEN DDA WOULD WAIT FOR THE REQUIRED STATUTORY PERIOD, SO THAT WHEN THE STATUTE OF LIMITATIONS EXPIRED, IF SOMEONE DID NOT CHALLENGE IT, WE WOULD ACCOMPLISH OUR GOAL. THIS WOULD NOT, OF COURSE, HELP ANYONE ELSE IN THE STATE, BUT WE COULD AVOID THE TEST CASE. IN THE MEANTIME, SINCE BOND COUNSELS DEAL IN ABSOLUTES, WHEN THEY RENDER AN OPINION, THEY WANT NO RISK ATTACHED TO THAT OPINION, HENCE THE HOLD UP. MS. LILEY EXPLAINED THAT AT THIS JUNCTURE, SHE IS NOT SURE HOW THINGS WILL END UP, BUT THE TEST CASE IS STILL A POSSIBILITY. IN ANSWER TO THE QUESTION OF WHETHER THESE PROBLEMS HERALD THE SUNSET OF THE DDA, MS. ULEY SAID THEY DO NOT. THE RECOMMENDATION IS THAT DDA MOVE FORWARD, FIGURE OUT WHAT THE BOUNDARIES ARE GOING TO BE, DO ANY ANNEXATIONS IT FEELS APPROPRIATE, GET A PLAN READY TO 00, PROBABLY ADOPT A PLAN, BUT DDA CANNOT ISSUE BONDS. HOWEVER, MS. LILEY FEELS THE SOONER WE BEGIN THE PROCESS, THE BETTER. THUS, WITHIN THE NEXT SIX MONTHS, COUNSEL WILL BE FINALIZING THE STRATEGY SO THAT DDA CAN MOVE FORWARD. OTHER BUSINESS MR. GOOGALE ASKED IF STAFF WOULD PLACE 'INFRASTRUCTURE VERSUS PROJECT PHILOSOPHY' ON THE AGENDA SOMETIME SOON. IT IS A SUBJECT HE WOULD LIKE TO HAVE THE BOARD DISCUSS. SPECIAL NOTE THE FOUR RETREAT AGENDA ITEMS WERE DISCUSSED WITHIN THE CONTEXT OF THE REGULAR BOARD MEETING, WHICH DID NOT ADJOURN FOR THE RETREAT. ADJOURN THERE BEING NO FURTHER BUSINESS THE MEETING ADJOURNED AT 2: 1 OP. M. JASON MEADORS, SECRETARY