HomeMy WebLinkAboutDowntown Development Authority - Minutes - 12/17/19980 a
DOWNTOWN DEVELOPMENT AUTHORITY
Special Directors' Meeting
Kermit Allard, Chair 482-1893 (W)
Chuck Wanner, Council Liaison 484-0810 (H)
Anne Garrison, Staff Liaison 484-2020 (W)
MINUTES OF DECEMBER 17, 1998
SPECIAL MEETING
The Board of Directors of the Downtown Development Authority met in special
session at 7:30 a.m. on December 17, 1998 in the Meeting Room at Home State
Bank, 303 East Mountain Avenue.
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
ABSENT John Pitner
STAFF Chip Steiner, Consultant
Anne Garrison
Lucia Liley, Counsel
CALL TO ORDER Mr. Allard called the meeting to order and roll call was taken.
APPROVAL OF Mr. Meadors moved to adopt the minutes of December 3, 1998 as written, this
MINUTES was seconded by Mr. Wanner and carried unanimously.
DDA MINUTES
PAGE 2
EXECUTIVE In his introductory remarks, Mr. Allard noted that the meeting had been called
DIRECTOR PLAN for the purpose of reviewing the Executive Director Plan of Action. In
OFACTION accordance with the motion passed at the previous meeting, the Executive
Committee has formulated a plan which today is submitted for the Board's
review.
Mr. Steiner noted that Mr. Slezak's motion had limited the search to
hiring an employee. as opposed to the option of retaining the services of a
cons,iltanr_ which might be less restrictive. Mr. Stroud then moved to hold
open the option as stated, for consideration of either an employee or consultant,
this was seconded by Mr. Belcher and carried unanimously.
Using the Plan of Action as a basis for discussion, two suggested options
for a search were advanced:
* National Search * Local Search (local meaning State of Colorado)
Cost for a national search would approximate $20,000, while a local sweep
would cost between $2,000 and $4,000. Added to this would be about $5,000
to provide suitable office space and equipment such as a computer, printer, desk
and furniture.
Ms. Brayton moved that the Board conduct a full scale, local search including,
but not limited, to advertising in the Denver Post, Coloradoan and Colorado
Municipal League Job Finder. This was seconded by Mr. Stroud and carried
unanimously. Some discussion followed about using the Chamber's National
Internet Service, but concern was expressed that the search could quickly
escalate to a national one. Mr. Wanner suggested that the Board might
consider the practice of telephone interviews, which is a method successfully
employed by the City.
* Salary Range - It was debated whether to include a salary figure in the ad, but
the consensus was to request salary requirements and history at the time the
candidate submits a resume.
* Invitations - The Board was asked to submit a list of possible candidates to
Mr. Allard via fax or e-mail by the close of the business day, or no later than
8:00 a.m. on Friday. The Board was then directed to the 'Plan of Action
Schedule' in which the timeline for each step is indicated.
* Proposed Area of Inquiry - The Board is encouraged to prepare some interview
questions to be reviewed at the January meeting. A suggestion was made that
the Board host informal coffee gatherings for finalists, so the entire Board has an
opportunity to meet and evaluate the candidates.
* Proposed Ad - Mr. Slezak offered that a block ad might provide a better
showcase, and suggested it be placed in the 'Career Choice' section. In addition,
some small changes were made to the ad already prepared in the packets. These
entailed the removal of the salary figure of $60,000 replacing it with a request
for the candidate to include salary history and requirements.
DDA MINUTES
PAGE 3
. Job Description - The word 'tide' should be changed to 'title', and this will
be sent out upon request. A suggestion was made that the description indicate
'work sometimes entails evenings and weekends.' Other suggestions were the
need for a current drivers license and concerning a probationary period, it was
determined this could be handled in the contract
Executive and Operations Management Services - this provides a narrative
of the duties and responsibilities of the Director/Consultant position and should
also be provided to applicants, together with a job description, upon request.
. Exhibit A - This was part of the last contract between Mr. Steiner and the
DDA. It was also part of the December 3, motion but will not be provided to
the candidates. It is included today for the Board's review only.
RESTRICTIVE FLOOD Mr. Steiner stated that this matter had recently come to his attention, and he
PLAINDEVELOPMENT expressed concern that since the river runs through the downtown area,
COMMITTEE it would seem appropriate that the DDA and DBA Boards be advised of the
formation of a committee, and invited to participate. A volunteer to represent
DDA is now sought, and Mr. Belcher agreed to serve in this capacity. Ms.
Brayton agreed to convey to the DBA Board the need for representation also.
ADJOURN This concluded the items for discussion on the special agenda, so it was moved
by Mr. Meadors and seconded by Ms. Brown that the meeting adjourn at
8:30 a.m. The motion carried unanimously.
Jason Meadors, Secretary
ddo DeWNTOWN �
DEVELOPMENTAUTHORITY
19 OLD TOWN SQUARE, SUITE 230 Telephone (970) 484-2020
FORT COLLINS, CO 80524 Telefax (970) 484-2069
TO: DDA Board of Directors
FROM: Anne Garrison
DATE: January 7, 1999
RE: FYI
Please find attached an updated list of the Board of Directors names, business locations and
residences. I have also included telephone, fax numbers and e-mail addresses, where possible.
If there are any changes or discrepancies, please advise immediately.
Also for your convenience, I have attached a list of projected Board Meeting dates for the year of
1999. This may be of assistance in preparing your schedules.
-ddDOWNTOWN 0
DEVELOPMENT
AUTHORITY
19 OLD TOWN SQUARE, SUITE 230
FORT COLLINS, CO 80524
Mr. Kermit Allard
(w) Allard & Associates
201 Linden St, #201
Fort Collins, CO 80524
482-1893 FAX 482-2346
(h) 5538 Weeping Way 80528
229-9327 (Exp:6-30-99)
kermit@allardcpa.com
Mr. Greg Belcher
(w) Edwards Bed & Breakfast
402 W. Mountain Ave
Fort Collins, CO 80521
493-9191 FAX 484-0706
(h) 401 W. Mountain, 80521
221-9191(Exp:6-30-99)
edshouse@edwardshouse.com
Mr. John Pitner
(w) J. Pitner Clothing Co.
125 S. College Ave
Fort Collins, CO 80524
221-2131 FAX 221-2145
(h) 2718 Beaver Court 80526
223-3103 (Exp:6-30-01)
Mr. Jason Meadors
(w) Meadors & Whitlock, Inc.
140 West Oak, #266
Fort Collins, CO 80521
482-1506 FAX 482-1230
(h) 3348 Pepperwood Ln 80525
223-2446(Exp:6-30-01)
meadors@frii.com
Mr. Chuck Wanner (Cty Council Rep)
(h) 1242 W. Mountain Ave
Fort Collins, CO 80521
484-0810 FAX 491-9502
Mr. Bill Bertschy (Cty Council Alt)
(h) 430 Peterson
Fort Collins, CO 80524
484-8838
Telephone (970) 484-2020
Telefox (970) 484-2069
Ms. Margaret Brown
(w) Fischer, Brown & Gunn, PC
215 West Oak Street
Fort Collins, CO 80521
407-9000 FAX 407-1055
(h) 3801 Stream Court 80526
223-6887 (Exp:6-3-00)
Ms. Mary Brayton
(w) Brayton Insurance
315 West Oak Street
Fort Collins, CO 80521
484-1401 FAX 484-1453
(h) 1933 Kedron Drive 80524
498-0468 (Exp: 6-30-00)
brayton@frii.com
Mr. Stephen Slezak
(w) Amshel Corporation
POB 1978 - 231 S.Howes
Fort Collins, CO 80522
484-5907 FAX 490-2838
(h) 2803 Leisure Drive, #D 80525
225-6390 (Exp:6-30-00)
Mr. Larry Stroud
(w) Miscio & Stroud
300 S. Howes Street
Fort Collins, CO 80521
482-6066 FAX 498-8501
(h) 5706 N. Taft Hill Rd 80524
484-6869 (Exp: 6-30-01)
larsnord@concentric.cwm
Ms. Lucia Liley (DDA Legal Counsel)
(w) 110 East Oak Street
Fort Collins, CO 80524
482-4322 FAX 482-5719
(h) 113 Williams 493-8317
DOWNTOWN
d mi DEVELOPMENT
AUTHORITY
19 OLD TOWN SQUARE, SUITE 230 Telephone (970) 484-2020
FORT COLLINS, CO 80524 Telefax (970) 484-2069
1999 CALENDAR OF DDA BOARD MEETINGS
TO BE HELD IN THE MEETING ROOM AT HOME STATE BANK
303 East Mountain Avenue - 7:30 am
* JAN 14 * JUL 01
* FEB 04 * AUG 05
* MAR 04 * SEP 02
* APR O1 * OCT 07
* MAY 06 * NOV 04
* JUN 03 * DEC 02
dduDANTOWN �
DEVELOPMENT
AUTHORITY
19 OLD TOWN SQUARE, SUITE 230 Telephone (970) 484-2020
FORT COLLINS, CO 80524 Telefox (970) 484-2069
TO: DDA Board of Directors
FROM: Chip Steiner 114
DATE: January 11, 1999
RE: DDA-DBA Agreement
Last year, the DDA and DBA changed the structure or their relationship to more accurately
define the obligations of each organization to the other. The relationship was spelled out in
a letter signed by both the President of the DBA and the Chairman of the DDA. Attached is
an updated letter for DDA board consideration and approval via resolution 99-1.
ddoDANTOWN �
DEVELOPMENT
AUTHORITY
19 OLD TOWN SQUARE, SUITE 230
FORT COLLINS, CO 80524
January 14, 1999
Ms. Mary Brayton, President
Downtown Business Association
19 Old Town Square, Suite 230
Fort Collins, CO 80524
Dear Ms. Brayton:
Telephone (970) 484-2020
Telefax (970) 484-2069
The Downtown Development Authority Board of Directors has approved the renewal of the
DDA-DBA relationship as established by the jointly signed letter of March 5, 1998. It has
made a few changes (bold faced below) to accommodate the hiring of a new DDA executive
director.
Toward that end and with the DBA's mutual agreement, the two organizations agree to the
continuation of the following arrangement:
The DDA will employ an administrative 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 administrative office manager to
the DDA are not compromised and that supervision of this position rests
solely with DDA executive management services and/or the DDA Board
of Directors;
C. That the administrative office manager engages in no activity permitted by
the laws and regulations governing the activity of a public employee.
2. The Downtown Business Association will pay $8,000 to the DDA to defray costs
associated with the administrative services provided by the DDA;
3. The Downtown Business Association will continue to perform marketing and
promotional services at a financial level equal to or in excess of the 1998 program;
4. The Downtown Development authority will remain a member of the Downtown
Business Association with annual membership dues of $2,000.
5. The parties agree to pay on a pro rata basis all other shared costs including but not
limited to rent, janitorial, telephone, office supplies, computer charges. Office rent
paid by the DDA to the DBA will increase based upon the square footage
utilized by DDA executive management services and will be charged at the
square footage rate established by the lease between the Downtown Business
Association and Progressive Old Town Square.
6. 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
Kermit L. Allard, Chairman
Date:
DOWNTOWN BUSINESS ASSOCIATION
0
Mary J. Brayton, President
Date:
RESOLUTION 99-1
OF THE FORT COLLINS, COLORADO
DOWNTOWN DEVELOPMENT AUTHORITY
AUTHORIZING THE CHAIRMAN 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 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 be consistent with and to partially fulfill 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 Fort Collins Downtown
Development authority that it hereby authorizes the Chairman 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 1999 calendar year.
Passed and adopted at a regular meeting of the Board of Directors of the Fort
Collins, Downtown Development Authority this 14'' day of January, 1999.
Kermit L. Allard, Chairman
ATTEST:
Jason Meadors, Secretary
dduD&VTOWN �
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 l/�4
DATE: January 14, 1998
RE: Contract Extension
Attached is a professional services agreement providing the DDA the ability to utilize the
services of The Robert Steiner Company on a month -to -month basis until new management
is hired. Resolution 99-2 authorizes the chair to enter into this agreement.
The agreement is identical to the contract entered into for 1998 except that it changes the
term to a month -to -month mutually agreed to extension basis and allows for immediate
termination upon written notice.
New management is anticipated to be on board by March 1.
AGREEMENT
THIS AGREEMENT is made and entered into this day of January, 1999, by and
between The Fort Collins , Colorado Downtown Development Authority, a body corporate and
politic (the "DDA"), and The Robert Steiner Company, (the "Company").
WITNESSETH:
WHEREAS, the Company has experience and knowledge relevant to downtown development
activities and its president has been employed by the DDA as its executive director and, through the
Robert Steiner Company, is currently providing management services to the DDA pursuant to a
Professional Services Agreement which terminates December 31, 1998; and,
WHEREAS, it is the desire of the Downtown Development Authority Board of Directors to
continue to use the management services of The Robert Steiner Company on a month -to -month basis
until a new executive director can be hired; and,
WHEREAS, it is the opinion of the Board that the present contractual arrangement should be
continued on a month -to -month basis beyond its scheduled termination.
NOW, THEREFORE, in consideration of the mutual covenants and obligations herein
expressed, it is agreed by and between the parties as follows:
1 . Scone of Services. The Robert Steiner Company agrees to provide 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, 1999 and the services to be provided pursuant to this Agreement shall continue
uninterrupted on a month -to -month basis.
4. Termination by the DDA. Notwithstanding the time periods contained herein, the
DDA may terminate this Agreement at any time upon written notice from the Chairman. In the
event of any such termination by the DDA, The Robert Steiner Company 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 Robert Steiner Company's
obligations under this Agreement. Such payment shall be The Robert Steiner Company's sole right
and remedy for such termination.
5. Early Termination by The Robert Steiner Company. Notwithstanding the time
periods contained herein, The Robert Steiner Company may terminate this Agreement at any time
upon providing written notice to the DDA Chairman. In the event of any such early termination by
The Robert Steiner Company, The Robert Steiner Company 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
Robert Steiner Company's obligations under this Agreement.
6. Insurance Responsibility. The Robert Steiner Company shall be responsible for the
quality and accuracy of the services rendered. The Robert Steiner Company shall maintain
commercial general liability insurance in the amount of Five Hundred Thousand Dollars
($500,000.00) combined single limits.
7. Compensation. In consideration of the services to be performed pursuant to this
Agreement, the DDA shall pay to The Robert Steiner Company Seven Thousand Eighty -Three and
36/100 Dollars ($7,083.36) on the first day of each month. The Robert Steiner Company shall be
solely responsible for paying all costs and expenses necessary to provide the services required by this
Agreement, including, but not limited to, office space, furniture, equipment, secretarial services,
telephone and telefax charges, insurance coverage and the like.
8. Appropriation Contingency. The payment obligation of the DDA under this Agreement is
expressly subject to an annual appropriation by the DDA and the City of Fort Collins, Colorado for
such purpose.
9. The DDA Board and Employees. The Robert Steiner Company shall perform work
at the direction of the Board which shall make, within the scope of its authority, all necessary and
proper decisions with reference to the terms of this Agreement.
10. Independent Contractor. The services to be performed by The Robert Steiner
Company are those of an independent contractor and not of an employee of the DDA. The DDA
shall not be responsible for withholding any portion of The Robert Steiner Company's compensation
hereunder for the payment of FICA, workers' compensation, other taxes or benefits or for any other
purpose.
11. Personal Services. It is understood that the DDA enters into this Agreement based
on the special abilities of Robert Steiner, President, The Robert Steiner Company and that this
Agreement shall be considered as an agreement for personal services. Accordingly, The Robert
Steiner Company shall neither assign any responsibilities nor delegate any duties arising under this
Agreement without the prior written consent or direction of the DDA.
12. Not Exclusive. It is understood and agreed between the parties that, although the
services to be provided under this Agreement shall be the primary business of The Robert Steiner
Company, this is not an exclusive services contract, and The Robert Steiner Company may seek and
accept work from other parties, provided that such other work does not interfere with The Robert
Steiner Company's ability to fully perform the scope of services defined on 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
ATTN: Chairperson
19 Old Town Square, Suite 230
Fort Collins, CO 80524
with a copy to:
Lucia A. Liley
March & Liley, P.C.
110 East Oak Street, Suite 200
Fort Collins, CO 80524
and to The Robert Steiner Company at the following address:
The Robert Steiner Company
201 South College Avenue, Suite 205
Fort Collins, CO 80524
Any party may direct the other in writing to send any notices or make any payments
due to such addresses or to any addresses subsequently designated by that party in writing.
16. Bindins 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
Kermit L. Allard, Chairman
THE ROBERT STEINER COMPANY
Robert Steiner. President
RESOLUTION 99-2
OF THE FORT COLLINS, COLORADO
DOWNTOWN DEVELOPMENT AUTHORITY
AUTHORIZING THE CHAIR
TO ENTER INTO AN AGREEMENT EXTENDING
THE PROFESSIONAL SERVICES AGREEMENT
WITH THE ROBERT STEINER COMPANY
ON A MONTH -TO -MONTH BASIS
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 Downtown Development Authority Board of Directors finds it to
be in the best interests of the organization to maintain professional management until such
time as permanent replacement services can be identified and contracted for.
NOW, THEREFORE, BE IT RESOLVED by the Fort Collins, Colorado
Downtown Development Authority that it hereby authorizes the Chairman to enter into a
Professional Services Agreement with The Robert Steiner Company, attached hereto and
incorporated herein, to provide management services on an interim basis until permanent
new management is secured. Said agreement is renewable on a month -to -month basis only
with the approval of the DDA Board of Directors and with the mutual agreement of The
Robert Steiner Company.
Passed and adopted at a regular meeting of the Board of Directors of the Fort
Collins, Downtown Development Authority this 14`h day of January, 1999.
Kermit L. Allard, Chairman
ATTEST:
Jason Meadors, Secretary