csuralogov2
MEETING

NOVEMBER 19, 2013

AGENDA

Date:

November 12, 2013

To:

Commissioners of the Urban Renewal Authority

From:

David Neville, Chair

Subject:

Special Meeting, November 19, 11:00 a.m.

City Hall – Pikes Peak Room

107 N. Nevada Ave., Second Floor

Colorado Springs, Colorado 80903

Agenda:

1.

Approval of October 18, 2013 CSURA meeting minutes

2.

Approval of Financial Report as of October 31, 2013

3.

Phil Winslow BMW – Jim Nakai

4.

2014 Proposed Budget – Jim Rees

5.

Conflict of Interest Statement – Dan Hughes

6.

Quarterly Project Status Report – Jim Rees

7.

Other Matters

8.

Adjournment

MINUTES OF THE REGULAR MEETING OF THE

URBAN RENEWAL AUTHORITY

OF THE CITY OF COLORADO SPRINGS

HELD ON WEDNESDAY NOVEMBER 19, 2013

On the 19th day of November, 2013 at 11:00 a.m., the Commissioners of the Colorado Springs Urban Renewal Authority of the City of Colorado Springs met in Regular Session at 107 N. Nevada Avenue, at City Hall in the Pikes Peak Conference Room, Colorado Springs, Colorado.

In attendance were:

COMMISSIONERS:

Merv Bennet

David Isbelle

David Neville

Wynne Palermo

Jim Raughton

Robert Shonkwiler

Susan Wood-Ellis

Tiffany Colvert

ABSENT:

Rosemarie Venezia

Also in attendance:

Phil Winslow

Winslow BMW

Ann Winslow

Winslow BMW

Greg Lewis

Winslow BMW

Jim Nakai

James W. Nakai and
Associates

Kyle Campell

Classic Consulting

Jim Byers

Nine Design

Jill Gaebler

Colorado Springs City
Council

Kevin Kratt

Kratt Commercial
Properties

Tom Cone

The Olive Real Estate
Group

David Supperstein

Citizen, SW Property Owner

Carrie Bartow

CliftonLarsonAllen, CPA

Dan Hughes

CSURA Legal Counsel

Jim Rees

CSURA Staff

Chairman Neville called the meeting to order at 11:05 a.m.

Item #1 – Approval of Minutes

Motion was made by Commissioner Raughton, seconded by Commissioner Bennett that the Minutes of the Regular meeting, held on October 18, 2013 be adopted. The motion carried.

Item #2 – Approval of Financial Report as of October 31, 2013

Ms. Carrie Bartow, CliftonLarsonAllen CPA, reviewed the monthly revenue and expenditures report as of October 31, 2013 including the property tax received from each Urban Renewal Area as well as the check register through October.

There being no further discussion Commissioner Bennett presented the following resolution:

RESOLUTION NO. 1806

A RESOLUTION APPROVING THE INCOME AND EXPENDITURES OF THE CSURA FOR THE PERIOD ENDING OCTOBER 31, 2013

BE IT RESOLVED BY THE COMMISSIONERS OF THE COLORADO SPRINGS URBAN RENEWAL AUTHORITY OF THE CITY OF COLORADO SPRINGS, COLORADO, THAT:

The income and expenditures of the Colorado Springs Urban Renewal Authority for the period ending October 31, 2013 are hereby approved.

Motion was made by Commissioner Bennett, seconded by Commissioner Raughton, that Resolution #1806 be adopted.

Upon a Call for the Vote, the following Commissioners voted:

AYES:

Merv Bennett

David Isbelle

David Neville

Wynne Palermo

Jim Raughton

Robert Shonkwiler

Tiffany Colvert

Susan Wood-Ellis

The following voted:

NAYES:

None

The motion was declared carried and the Resolution adopted.

Item #3 – Winslow BMW – Jim Nakai

Commissioner Neville cited a potential conflict of interest and recused himself from the discussion and vote. He left the meeting and Vice-Chairman; Wynne Palermo conducted the discussion of item #3.

Architect Jim Nakai, James W. Nakai and Associates introduced the owners and other project consultants involved with the design and development of the proposed BMW automobile dealership which is being planned for a location on N. Nevada Ave. directly south of the Harley Davidson dealership and north of UCCS. Mr. Phil Winslow, owner, explained to the Board how the new dealership would be an asset to the urban renewal area and that BMW has very tight control over the design and the appearance of every dealership that is built. This location will replace the one currently located on N. Circle Drive.

Mr. Kyle Campell, Classic Consulting was introduced as the project engineer. Kyle noted that the 6.18 acre site is actually located on the frontage road on the east side of Nevada which is actually called N. Nevada as well. The site has 2 exiting entrances that will be used in the development. These were constructed as part of the PPRTA project to extend the frontage road to Dublin Blvd. that was constructed several years ago. The plan is to develop the northern portion of the site and leave the southern portion (adjacent to UCCS) undeveloped for this phase. Also, there are several exiting utility easements that will be vacated in order to develop the site.

The dealership will provide 71 staff and customer parking spaces in addition to the 256 new car display spaces along the west and south sides. The service area will face north and will not be visible from Nevada Ave. A tall retaining wall will need to be constructed on the east side but will not impact any existing trails within Pulpit Rock Park.

Mr. Jim Byers, landscape architect, reviewed the landscape plan which is required by the City’s Landscape Ordinance. The required setback along Nevada will be met and the landscape materials will be similar to what has been used in University Village. There are 6 automobile display pads shown within this area as noted by Commissioner Shonkwiler. The area around them is to be landscaped. The interior parking lot landscape island requirement in the ordinance will not be met as this is a car dealership and administrative relief will be requested. The vacant portion of the site next to UCCS will be seeded with native grass and will match the adjacent UCCS property. A 15’ buffer is required along the east side of the site next to Pulpit Rock Park. The existing trail is set back into the park and is approximately 25’ higher than the dealership which will maintain views of the front range.

Mr. Nakai discussed the architecture, including building layout and elevations. The final elevations are being designed by BMW’s national architects and will be included in the final construction documents. The 28 foot tall building will have “3 sided architecture” which will be very well finished with white metal and glass curtain walls for display. The east side contains the service area and is hidden by the retaining wall along the property line. There will be a sign located on the west side of the building that will be visible from N. Nevada Ave. Another 30 foot tall free standing sign will be located along N. Nevada and will be 3 sided. This will conform to the City’s sign ordinance requirements. The parking lot lighting will be comprised of 12 foot and 28 foot tall LED lights with no spill over to adjacent property. The main lamps will be turned off at 11:00 PM but some security lighting will be on all night.

Mrs. Ann Winslow discussed the sales projections for the new dealership. Ann indicated that sales tax revenue could be substantial and that 2012 figures were around $175,000. There will also be sales tax generated from the sale of parts and supplies.

Commissioner Shonkwiler asked whether or not the sales tax would be attributed to the URA. Jim Rees explained that the City of Colorado Springs Sales Tax Division had sent an email that confirmed that the sales on vehicles to city residents would be included in the sales tax calculation for N. Nevada tax increments (less the base). Anyone residing outside the city limits will pay the sales tax to the county that they live in. Mr. Shonkwiler requested that a letter be obtained from the Sales Tax Division confirming that statement. He also asked what the value of the proposed building will be. Jim Nakai indicated that it is estimated at $13 million.

Commissioner Bennett commented that he would like the Board to support the growth of a local business and would support exemptions to the N. Nevada Design Guidelines in order for this project to be built.

Commissioner Shonkwiler indicated that he also wanted to see the project move forward without delay. He asked what the review schedule would be. Jim Nakai stated that he had an appointment with City Planning right after Thanksgiving to begin the City Development Review application.

There being no further discussion Commissioner Raughton presented the following resolution:

RESOLUTION NO. 1807

A RESOLUTION APPROVING THE PLANS FOR THE DEVELOPMENT OF WINSLOW BMW TO BE LOCATED WITHIN THE N. NEVADA AVENUE CORRIDOR URBAN RENEWAL AREA AND GRANTING EXEMPTIONS TO THE DESIGN GUDELINES AS REQUIRED

BE IT RESOLVED BY THE COMMISSIONERS OF THE COLORADO SPRINGS URBAN RENEWAL AUTHORITY OF THE CITY OF COLORADO SPRINGS, COLORADO, THAT:

A resolution approving the plans for the development of the Winslow BMW Dealership and granting exemptions to the N. Nevada Avenue Corridor Design Guidelines as required is approved

Motion was made by Commissioner Raughton, seconded by Commissioner Shonkwiler, that Resolution #1807 be adopted.

Upon a Call for the Vote, the following Commissioners voted:

AYES:

Merv Bennett

Tiffany Colvert

David Isbell

David Neville

Wynne Palermo

Robert Shonkwiler

Rosemarie Venezia

Susan Wood-Ellis

The following voted:

NAYES:

None

The motion was declared carried and the Resolution adopted.

Item #4 - Copper Ridge Cooperation Agreement – Jim Rees

Tom Florczak, Deputy City Attorney, explained that two paragraphs that are included in most legal documents of this type were inserted by the City Attorney’s Office into the Cooperation Agreement. Upon review it was decided that the one paragraph pertaining to annual appropriation of tax increment revenue by City Council could cause some issues with bond council upon the future sales of bonds. The wording has been rewritten and is now being distributed to CSURA for consideration of approval. The original Urban Renewal Plan did not include sales tax TIF and the question now is when to start the TIF clock. The two options are when the cooperation agreement is approved or from the time the Urban Renewal Plan was approved. The additional time in the first option would be palatable to the marketing of the project bonds. Discussion occurred concerning the time period for collection of sales tax TIF.

Alex Brown, financial advisor for Copper Ridge, explained their plans for any surplus TIF revenue. The two scenarios are: (1) pay off bonds early and (2) refund any surplus sales tax revenue not required to service the debt to the City. The borrower would be the developer not the City or Urban Renewal on this project and they or the metro district would sell the bonds for the project. Chairman Neville asked the developer if they were in agreement with the current document and they replied yes.

Chairman Neville pointed out wording in the Cooperation Agreement that pledges the property tax TIF to go towards the payment of bonds. It was also pointed out that there is a requirement that a representative from CSURA will occupy a position on the board for the Copper Ridge technical advisory committee.

The proposed resolution for City Council recommending approval of the Cooperation Agreement was reviewed. Commissioner Bennett asked if there could be a section in the resolution that specifies that the funding is going towards the extension of Powers Boulevard. David Isbell made comments concerning the use of the term “anchors” within the Cooperation Agreement

There being no further discussion Commissioner Venezia presented the following resolution:

RESOLUTION NO. 1805

A RESOLUTION APPROVING THE COPPER RIDGE COOPERATION AGREEMENT AND A RECOMMENDATION TO CITY COUNCIL TO APPROVE THE COOPERATION AGREEMENT FOR EXECUTION BY THE CITY OF COLORADO SPRINGS

BE IT RESOLVED BY THE COMMISSIONERS OF THE COLORADO SPRINGS URBAN RENEWAL AUTHORITY OF THE CITY OF COLORADO SPRINGS, COLORADO, THAT:

A resolution approving the Copper Ridge Cooperation Agreement and recommending approval by City Council and execution by the City is hereby approved.

Motion was made by Commissioner Venezia, seconded by Commissioner Palermo, that Resolution #1805 be adopted. Commissioner Shonkwiler requested an amendment to the resolution to hold the property tax TIF to end in 2035. There was no second to the amendment and therefore the amendment died.

Upon a Call for the Vote, the following Commissioners voted::

AYES:

Merv Bennett

David Isbelle

David Neville

Wynne Palermo

Rosemarie Venezia

Susan Wood-Ellis

The following voted:

NAYES:

Tiffany Colvert

Robert Shonkwiler

The motion was declared carried and the Resolution adopted.

Item #5 – Conflict of Interest Policy

Earlier a marked-up policy draft had been distributed to Authority members. Chairman Neville stated that the Colorado State Statutes has a provision for standards of conduct. He read excerpts applicable to CSURA. The policy being considered is taken from the Denver Urban Renewal Authority (DURA) and updated by CSURA staff, however, there is still an opportunity to change it or use another policy. Commissioner Shonkwiler stated that he was comfortable with the current red-lined draft.

Commissioner Shonkwiler made motion to accept CSURA Ethical Principles and Conflicts of Interests as submitted for consideration. Commissioner Isbell made comments offering his thoughts on the document and suggested a document that was more specific to CSURA or no document at all and follow the State Statute.

Commissioner Wood-Ellis stated that the State Statute is lengthy and more applicable to CSURA. She felt the biggest issue is if there is a perceived conflict whether the Authority member should leave the meeting or stay and participate in the discussion but refrain from the vote. Commissioner Isbell will contact the legal representative from DURA and discuss the reasoning for their policy. There was further discussion to have CSURA legal counsel craft a document that would better suit this Authority.

There was no second to Commissioner Shonkwiler’s motion, therefore it died.

Item #6 – Other Matters

A suggestion to reschedule the November 27th meeting to Tuesday the 19th due to the Thanksgiving Day holiday was supported by Authority members.

The implementation of design guidelines enforcement was discussed. City Planning Director Peter Wysocki suggested that a request be made to the City Administration for consideration of allowing design guidelines to be included in the review process for future developments within urban renewal areas. He would take the lead on this.

Item #7 – Adjournment

There being no further business to come before the Commissioners, motion was made by Commissioner Bennett, seconded by Commissioner Colvert to adjourn the meeting. Upon unanimous vote, the meeting was declared adjourned at 12:58 p.m.

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