Uptown Corridor Improvement District Authority

Transcription

1 Uptown Corridor Improvement District Authority October 7, 8:30 a.m. Annex of Wealthy Theatre / 1130 Wealthy Street SE Members: Guy Bazzani Michael Dykehouse Rick Powell Kristine Szurna Bersceh Baird Hawkins Amy Ruis Rosalynn Bliss Joana Hively Tami VandenBerg Staff Members: Kara Wood, Peggy Scheneman, Alex Thomas, Jana Wallace Legal Counsel: Copies To: Stan Bakita Eric DeLong A G E N D A 1. Call to Order Kara Wood 2. Review of August 26, 2009 Minutes* Kara Wood 3. Adoption of Bylaws* Stan Bakita 4. Election of Officers* Stan Bakita Chair Vice Chair Secretary Treasurer Recording Secretary Executive Director 5. Downtown Improvement District Liquor License Update Kara Wood 6. Certificate of Appreciation Mark Lewis 7. TIF Plan Subcommittee Report & Project Plan Review Lynee Wells/Mark Lewis 8. Michigan Main Street Training Schedule Mark Lewis 9. Other Business 10. Public Comment 11. Adjournment *MOTION REQUIRED TO APPROVE Please RSVP to Peggy Scheneman at pschenem@grcity.us NEXT MEETING: November 4, 8:30 a.m. Annex of Wealthy Theatre / 1130 Wealthy Street SE

2 CITY OF GRAND RAPIDS Uptown Corridor Improvement District Authority Meeting Minutes August 26, 2009 Annex of Wealthy Theatre / 1130 Wealthy Street SE Members Present: Guy Bazzani, Kristine Szurna Bersche, Rosalynn Bliss, Michael Dykhouse, Baird Hawkins, Joana Hively, Rick Powell, Amy Ruis, Tami VandenBerg Members Absent: None City Staff Present: Kara Wood, Alex Thomas, Jana Wallace Trudy Renney Legal Council: Guest Speakers: Stan Bakita Mark Lewis and Rebekka Kwast from Neighborhood Ventures Copies To: Eric DeLong 1. Call to Order Kara Wood Kara Wood called the meeting to order at 8:34 a.m. Introductions of individuals present were made. 2. Meeting Schedule Kara Wood 2009 meeting schedule presented. The meeting scheduled for September 2, 2009 was cancelled. Motion made by Guy Bazzani, supported by Rosalynn Bliss, to approve proposed meeting schedule with the exception of September 2, 2009 meeting being deleted. Motion carried. 3. Volunteer Chairperson Kara Wood Kara Wood will be the Volunteer Chairperson until the Board Officers are appointed. 4. Appointment of City Attorney as Legal Representation Kara Wood / Stan Bakita General discussion regarding the need for legal representation for the board, need for low cost options, and other Boards / Authorities legal representation practices. Discussion regarding appointment of Executive Director. Decision made to hold off on making appointment of Executive Director. Motion made by Baird Hawkins, supported by Guy Bazzani, to appoint the City Attorney as legal representative, with the understanding that if there is any

3 Uptown CID Meeting Minutes August 26, 2009 Page 2 of 6 potential conflict between the Board and the City Attorney, the Board will seek outside council. Motion carried. 5. Downtown Improvement District Liquor Licenses and Recommendation to City Commission Kara Wood Discussion about having the Board make a recommendation to the City Commission for the Uptown CID to become one of the Development Districts for the special liquor licenses, thus allowing applicants to be referred to the CID Board for approval or denial and subsequent recommendations to the Liquor Control Commission. Discussion of differences of DID Liquor Licenses and traditional liquor licenses. These special liquor licenses are less expensive, location based, tied to the business (expire if business closes), can t be considered a business asset, must look for available traditional liquor license at a reasonable cost before applying for a special liquor license. Guy B. stated that it would be good to have some input into who would be obtaining licenses. Tami V. asked about explaining to businesses that recently purchased a full license why others can now have a less expensive license. Guy B. stated that the special license is not an asset and it is not as valuable as a traditional license. Rosalynn B. stated that the CID would be the gate. Motion made by Guy Bazzani, supported by Michael Dykhouse, to recommend to the City Commission that the Uptown CID be established as a Development District or City Redevelopment Project under the Act for purposes of obtaining this special liquor license. Motion carried. 6. Overview of Corridor Improvement Legislation, Board Responsibilities Stan Bakita Discussed main points of the Act and the One Pager Plus included in the Agenda Packet. Provides for Tax Increment Financing vehicle Must be along an arterial street or within 500 feet of a main street under MDOT designation Board can be 5-9 members in size Independent Body Corporate Develop Development Plan for project area/district Proposing financing plan (TIF, Bonds, Special Assessments) Layering of incentives Reporting requirements financial, etc. Board Powers can own property (purchase property, receive, lease, etc.), all powers necessary to fulfill the purpose and function of the Act. (parks, green space, etc.) Question by Guy B. regarding Brownfield projects and the CID. Kara stated that the parcel would need to be removed from the CID for it to capture the local tax capture. However, there are other options such as layering of incentives that will be discussed in Agenda #8. Kara stated that there is a need to create a TIF plan.

4 Uptown CID Meeting Minutes August 26, 2009 Page 3 of 6 7. Establish Tax Increment Finance Plan Subcommittee Kara Wood Forming a TIF Plan -Subcommittee was recommended. Baird H., Kristine B., and Tami V. will make up the subcommittee. Subcommittee will look at whether or not there is a need to continue the current relationship with Neighborhood Ventures and Williams and Works. Kara and Jana will also support the subcommittee. Jana will provide tax increment revenue numbers from the Assessor by the end of the month. Baird H. discussed process for getting the finance plan approval. Rosalynn B. asked for a timeline to go before the City Commission by the next CID meeting. 8. Tax Abatement Programs within District Boundaries Kara Wood Kara W. discussed the City policy as it relates to tax abatements within district boundaries. Any tax abatement within CID boundaries would have to come to the CID Board for approval and recommendation to the City Commission. The reason for this is that a tax abatement would restrict CID revenues. Because of the restriction of revenues, the City Commission would require Board approval before they take any action on a project s tax abatement. Kara W. noted that there would probably be quite a few requests as there is a lot of development continuing in the district. Guy B. noted that there are still quite a few buildings that are vacant and considered obsolete and in order for them to be rehabilitated, there needs to be some sort of incentive to make the investment viable to the developers. Kara W. noted that an abatement or OPRA would be only for a specific project or parcel and not district wide. Guy B. stated that the main goal of the group was to improve the district and that he d hate to impede the improvement of the district in favor of capturing a small amount of increment. Tami V. asked if the approval of tax abatements and OPRA s would be on a case by case basis. Kara stated that all projects that would impact the revenue of the group would first have to come before the group for approval. Baird H. requested a copy of the DDA s policy to see what others are doing. 9. Main Street Four Point Approach Overview Mark Lewis, Neighborhood Ventures Handout provided. Uptown is at the Associate level of the program. provides information about the program, training, and benefits. Main Street is a National program, volunteer driven, consists of four points (committees) Organization Design Economic restructuring

5 Uptown CID Meeting Minutes August 26, 2009 Page 4 of 6 Promotion Benefits of the Main Street Program: Positive community image Attract new businesses Protecting and strengthening existing tax base Creating visually appealing and economically viable buildings Creating new jobs Bringing new residents Increasing investments Preserving historic architectural resources Providing services tailored to specific community needs Associate: 1 Year The Associate Level is the introduction to the Michigan Main Street Program, providing communities with basic, entry-level training available in a centralized location. communities are encouraged to bring as many volunteers as possible to take part in the trainings. This Associate Level lasts up to two years and must be successfully completed prior to applying for the Select level. Currently 22 Michigan Communities are a part of the Associate Level program. Services available to Associate Communities Orientation Webinar Main Street Basic Training Organization/Promotion 101 Training Economic Restructuring/Design 101 Training Main Street in Practice Attending the National Main Street conference and/or The Michigan Downtown Conference MMS Listserv MMS Board and/or Community Presentation (C) Commitment by Associate Communities Attendance at all Associate Level Trainings Attending the National Main Street conference and/or The Michigan Downtown Conference Submit Biannual Reports to MMS MMS Board and/or Community Presentation Must attend all training before applying for the Selected Level Baird H. noted that in preparation for the Uptown CID some of the subcommittees have gone on tours and have seen successful examples around the state of the Main Street Program at work. He also noted that the program is operated under the Michigan State Housing Development Authority (MISHDA), and that MISHDA has money set aside for the program that being part of the program would give access to.

6 Uptown CID Meeting Minutes August 26, 2009 Page 5 of 6 Rebekka Kwast noted that a community/district can only be at the Associate level for two years, so if Uptown wants to continue in the program an application for the next level, Select Level, this year. Selected: 5 Years The Select Level provides communities with specialized training within their own community. Michigan Main Street staff, along with other professionals, work closely with Select level communities to train their board and committees, hire a full-time Main Street Manager, recruit volunteers and get the program up and running. In addition, at the Select Level, communities receive a market analysis and other select trainings designed to help revitalize their downtown or traditional neighborhood commercial district. Services available to Selected Communities (L = in Lansing, C = in Community) MMS Orientation (L) Base-line Assessment (C) Manager Selection Assistance (C) Board Training (C) Manager Training (L/C) Committee Training (C) Main Street Building Basics, including Green Principles (C) Design Services Work Plan Development Training (C) Volunteer Development Training (C) Market Study, including Downtown Housing & Population Recruitment Strategy (C) Resource Team (C) Year-end Evaluations (C) Accreditation with the National Main Street Center (NMSC) Accredited Technical Assistance Training (C) Retail Merchandise Training (C) Entrepreneurship Training (L) Real Estate Development Training (L) MMS Quarterly Trainings MMS Listserv National Main Street Conference Registration Resource Library Materials MMS Road Signs Commitment by Selected Communities Must have successfully completed services provided in Associate Level Employ a full-time Main Street Manager who will coordinate and facilitate the work of the program Establish and maintain an active Board of Directors and Committees using the Main Street 4-Point Approach Participate in all trainings and services provided by the MMS

7 Uptown CID Meeting Minutes August 26, 2009 Page 6 of 6 Fund the local Main Street program through both public and private partnerships at a level allowing for the full operation of the program Submit monthly reports to the MMS Submit annual reports to the MMS Maintain a membership with the NMSC network Meet accreditation standards set by NMSC by the fifth year Discussion about success of Wealthy Street s participation in the Main Street program. 10. Other Business - Kara Wood Stan B. noted that the Board is required under the Act to adopt Rules of Procedure, which he is working on. Currently he is basing them on the Planning Commission Bylaws that were adopted recently and modifying them for this board. He will try to have them available for the next agenda packet. They will need to be approved by the City Commission. 11. Public Comment A long time property owner expressed a concern that attention is paid to both the residential community and the business community. She said that she thinks there is often a tendency to pay attention to one or the other. She noted that frequently one or the other group is done, often at the expense of the other. She felt that the attention should not go from one community to the other, but that they should both be included at all stages. Another property owner from East Hills asked about rules for CID staff, if there would be a designated, paid staff person that would administer the program for the CID. Baird H. stated that he believed that it would be an appointed position. 12. For Next Meeting Kara Wood Kristine Szurna Bersche proposed that Uptown Marketing Subcommittee be put onto the agenda for the next meeting. They have been meeting for the past six months. Update on TIF Plan Subcommittee. 13. Adjournment Kara Wood Meeting was adjourned at 9:26 a.m. /trr

8 Draft 08/28/09 UPTOWN CORRIDOR IMPROVEMENT AUTHORITY BOARD RULES [Adopted ] ARTICLE I - PURPOSE A. Corridor Improvement Authority Act. These rules are adopted by the Uptown Corridor Improvement Authority Board ( the Board ) to comply with the requirements outlined in P.A. 280 of 2005, as amended, being the Corridor Improvement Authority Act, (M.C.L et seq.), hereinafter the Act. They are designed to facilitate the performance of the Board s duties in an efficient manner. ARTICLE II - MEMBERSHIP A. Appointment of Members. The Board shall consist of nine (9) members, including the Mayor or his or her assignee and up to eight (8) other members. As required by the Act, a majority of the members shall have an ownership or business interest in property located in the development area. At least one (1) of the members shall be a resident of the development area or of an area within ½ mile of any part of the development area. 1. Appointment. Members shall be appointed by the Mayor, subject to the approval of the City Commission. 2. Term of Office. Of the members first appointed, an equal number of members, as near as is practicable, shall be appointed for one (1) year, two (2) years, three (3) years, and four (4) years. A member shall hold office until the member s successor is appointed. After the initial appointment, each member shall serve for a term of four (4) years. An appointment to fill a vacancy shall be made by the Mayor subject to approval of the City Commission, and shall be for the unexpired term only. 3. Compensation. Members shall serve without compensation, but shall be reimbursed for actual and necessary expenses. B. Committees. The Chair or Board may establish and appoint committees of the Board and advisory committees, as deemed necessary. Membership on advisory committees may include members of the Board, provided a quorum is not present, as well as others who are more knowledgeable on the particular issue and/or better represent various interests. C. Conflict of Interest. Each member of the Uptown Corridor Improvement District Board shall avoid conflicts of interest: 1. Typical Conflict Situations. A member shall not participate in the formal discussion and/or vote, discuss the merits informally with any other member, or otherwise attempt to influence a decision on a matter which: 1

9 Draft 08/28/09 a. Directly involves property he or she owns or leases as tenant, or property his or her employer owns or leases as tenant. b. Involves a project or work on land adjacent to or immediately across the street from property referred to in 1.a. above. c. Involves a corporation, company, partnership, or any other entity in which he or she is a part owner, or any other relationship where he or she may stand to have a financial gain or loss. d. Involves potential financial benefit or loss to him or her, or to any family member stated in 1.e. below, as a result of any decision or recommendation made by the Uptown CID Board. e. Involves his or her spouse, children, step-children, grandchildren, parents, brothers, sisters, grandparents, parents-in-law, or members of his or her household. f. Involves his or her employee or employer who: (i) Is an applicant or agent for an applicant, or (ii) Has a direct interest in the outcome. g. Involves a project on which he or she has acted as, is currently acting as, or is a candidate to act as, a professional paid consultant. 2. Consultation with Board s Legal Counsel. Whenever a member is uncertain whether he or she has a possible conflict of interest, the member shall consult with and consider the advice of the Board s legal counsel. In lieu of such consultation, the member may simply make a disclosure of the possible conflict to the Board as stated in 3 below and let the Board decide the matter. 3. Disclosure of Possible Conflict. Each member shall disclose a conflict of interest as outlined above, or other potential conflict of interest, prior to the presentation of the applicable agenda item. In those instances where the conflict or possible conflict is not evident to the member until the presentation of the agenda item is in progress or has been completed, the member shall promptly advise the Chair, and all other pending business shall be suspended until the potential conflict is decided. In all cases, the Board shall deliberate on the disclosure and by a majority vote of the remaining members present, shall determine whether a conflict of interest exists. 4. Conflict of Interest Exists. Where a conflict of interest is determined to exist, the affected member shall cease to participate in discussion on the subject item and shall leave the room until that agenda item is concluded. If the Board determines that a conflict of interest exists but the Board has already voted on the matter, the vote of the member who had a conflict of interest shall be void, and the Recording Secretary shall have the minutes reflect both the original vote and the amended vote, with a notation as to why the vote was amended. If the voided vote causes the result of the Board vote to change [either resulting in a tie vote, or changing from a tie vote], then the Board shall take another vote on the matter and engage in as much additional discussion as may be appropriate prior to such second vote. 5. No Conflict of Interest Exists. Where no conflict of interest is determined to exist, the affected member shall participate in discussion and shall vote on the agenda item. It is not permissible for a member to abstain on any matter, except where there is a conflict of interest. 6. Voting with Conflict of Interest. Knowingly voting on any matter in which a member has a conflict of interest shall constitute malfeasance of office. D. Removal from Board. The City Commission may remove a member of the Board from office, for any of the following reasons: 2

10 Draft 08/28/09 1. Malfeasance, Misfeasance, or Nonfeasance of Office. If any member performs a lawful act in a wrongful manner (malfeasance), performs a wrongful or unlawful act as a public official (misfeasance), or fails to act when a duty to act existed (nonfeasance). Any of these shall be grounds for the City Commission to remove a member, upon written charges and after a public hearing. 2. Deficient Attendance. If any member of the Board is absent from three (3) consecutive regularly scheduled meetings or five (5) absences in a calendar year, then that member shall be considered delinquent. Delinquency shall be grounds for the City Commission to remove a member, upon written charges and following a public hearing. ARTICLE III ORGANIZATION AND DUTIES A. Election of Officers. Except for the first election of officers which shall be held at the regular meeting in October 2009, the Board shall elect its officers for the upcoming calendar year at its last regular meeting of each calendar year, beginning in December The Board shall elect from its membership a Chair, Vice Chair, and Secretary. The Chair, Vice Chair, and Secretary shall take office at the first meeting in January of the new calendar year. Except for the first officers elected, whose terms of office shall be for fifteen (15) months, officers shall hold office for a term of one (1) year or until successors are selected and assume office. A member may hold the same office for a maximum of two (2) consecutive terms except that if a member is elected to fill an unexpired term due to a vacancy, he or she may serve that unexpired term plus two (2) additional consecutive terms. Vacancies shall be filled by election at any regular or special meeting, and the person elected to fill a vacancy shall serve the balance of the unexpired term. All nominations and votes for officers shall be by voice or hand vote in public session. B. Chair s Duties. The Chair retains his or her ability to participate and vote on matters before the Board, as governed by Webster s New World Robert s Rules of Order Simplified and Applied. The Chair shall: 1. Preside at all meetings with all powers under Webster s New World Robert s Rules of Order Simplified and Applied. 2. Rule out of order any irrelevant remarks; remarks which are personal; remarks about another s race, religion, sex, physical condition, ethnic background, beliefs or similar topics; profanity; or other remarks which are not about the topic before the Board. 3. Appoint committees, and act as ex-officio member of all committees of the Board. 4. Call special meetings as needed. 5. Appoint an Acting Secretary in the event the Secretary is absent from an Board meeting. 6. Perform other appropriate duties as may be requested by the Board. C. Vice Chair s Duties. The Vice Chair shall: 1. Act in the capacity of Chair in the Chair s absence. 2. Perform other appropriate duties as may be requested by the Board. D. Secretary s Duties. The Secretary shall: 1. Execute documents in the name of the Board. 2. Be responsible for the minutes of each meeting if the recording secretary is absent. 3. Perform other appropriate duties as may be requested by the Board. 3

11 Draft 08/28/09 E. Duties of All Members. All members shall abide by the following standards. 1. Member Participation. Free and open debate should take place on issues before the Board. Such debate shall only take place at meetings of the Board. The Chair shall act as spokesperson for the Board and shall represent the position reflected by the outcome of the vote. Requests for reconsideration may take place only at an open meeting of the Board. 2. Attendance. Members shall make every effort to attend all regular and special meetings of the Board. Except in emergency or unforeseen circumstances, members shall notify the Economic Development Department of an absence at least forty eight (48) hours before the scheduled meeting. 3. Avoid Ex Parte Contact. Members shall avoid ex parte contact with an applicant or an applicant s agent regarding the merits of any pending agenda item before the Board whenever possible. If it is not possible to avoid ex parte contact, the member shall publicly report what was said and by whom when that agenda item is taken up by the Board, so that other members and interested persons are made aware of the same information. 4. Acceptance of Gifts. a. Members shall not accept gifts from anyone connected with a pending or anticipated Board agenda item. As used here, a gift shall mean cash, any tangible item or service, regardless of value; and food valued over $10. b. The Board may accept grants or contributions for Board purposes (e.g. special planning study). Money so accepted shall be deposited with the Treasurer into a special fund for the purpose designated by the donor or Board. F. Executive Director. The Executive Director shall be the chief executive officer of the Authority. Subject to the approval of the Board, the Executive Director shall supervise and be responsible for preparation of plans and the performance of the functions of the Authority in the manner authorized by the Act. The Executive Director shall attend the meetings of the Board and shall provide to the Board and to the City Commission a regular report covering the activities and financial condition of the Authority. The Executive Director shall furnish the Board with information or reports governing the operation of the Authority as the Board requires. G. Treasurer. The Treasurer shall keep the financial records of the Authority and, together with the Executive Director, shall approve all vouchers for the expenditure of funds of the Authority. The Treasurer shall perform all duties delegated to him or her by the Board. H. Recording Secretary. The Recording Secretary shall not be a member of the Board or any of its committees, and shall: 1. Take notes for minutes and prepare a first draft of minutes for review by the Executive Director. After such review and any corrections, the minutes shall be presented at the next regular Board meeting for review, correction, and approval. A corrected version shall be signed and dated by the Executive Director. 2. Perform other duties as may be requested by the Board or Executive Director and approved by the Economic Development Director. I. Legal Counsel. The Legal Counsel shall advise the Board in the proper performance of its duties, and shall provide appropriate advice on matters of procedure and law. The Legal Counsel shall represent the Authority in actions brought by or against the Authority. 4

12 Draft 08/28/09 J. Annual Budget. The Executive Director shall submit a budget to the Board for the operation of the Authority for each fiscal year before the beginning of the fiscal year. The Board s fiscal year shall be July 1 June 30, to coincide with the City s fiscal year. The budget shall be prepared in the manner and contain the information required of City departments. After review by the Board, the budget shall be submitted to the City Commission. The City Commission must approve the budget before the Board may adopt the budget. Unless authorized by the City Commission or the Act, funds of the City shall not be included in the budget of the Authority. ARTICLE IV - MEETINGS A. Regular Meetings. Regular meetings of the Board shall be scheduled on the first Wednesday of the month at 8:30 a.m. When a regular meeting falls on a legal holiday, the Board shall reschedule or cancel the meeting. Meetings shall be held in the Wealthy Theatre Annex at 1110 Wealthy Street, SE. B. Special Meetings. Special meetings may be called at the request of the Chair or at least two (2) members of the Board provided the Executive Director has sufficient time to issue a written notice to Board members at least forty eight (48) hours before the meeting. The request for a special meeting shall indicate the purpose of the meeting, and may be made at a Board meeting, by telephone, or in writing ( is acceptable). C. Public Notice. All regular and special meetings shall be open to the public, and proper notice shall be given to the public pursuant to the Michigan Open Meetings Act, as amended (Act 267 of 1976, MCL et seq.). D. Robert s Rules of Order. Webster s New World Robert s Rules of Order Simplified and Applied shall be followed for issues not specifically covered by these rules. Where these rules conflict or are different than Robert s Rules, then these rules shall govern. E. Quorum. A quorum of the Board shall consist of five (5) members, even when the Board may be comprised of fewer than nine (9) members. No action shall be taken in the absence of a quorum, except to receive information reports or presentations not requiring action by the Board, to schedule matters for public hearings, and to adjourn the meeting to a subsequent date. F. Agenda. The Executive Director shall prepare the agenda for all regular and special meetings. This agenda shall generally be followed, except that either the Chair, or the Board by motion, may modify the order of business for good reason. G. Voting. Voting shall be by voice or hand and shall be recorded as the number in support and the number in opposition. Abstentions for conflicts of interest shall be noted. Roll call votes shall only be recorded upon request by a member of the Board and shall be recorded by yes or no. Members must be present to cast a vote. Voting by proxy shall not occur. 1. Simple Majority. Provided a quorum of five (5) or more members is present, a majority vote of those members present shall be necessary to approve any motion, resolution or recommendation, other than as otherwise required under State law, City ordinance or Webster s New World Robert s Rules of Order Simplified and Applied. 5

13 Draft 08/28/09 H. Records of Meeting. The Executive Director shall keep a public record of Board meetings, which at a minimum, shall include the following: 1. Meeting minutes for all regular and special meetings of the Board, to include specific motions made and the vote thereon. 2. Relevant written and visual materials submitted in connection with a specific project upon which the Board is required or requested to act. ARTICLE V PROCEDURES FOR PUBLIC HEARINGS A. Public Hearings. The following procedures shall be followed for required public hearings for applications pending before the Board. Where it appears necessary to maintain the efficient conduct of the Board s business and to give all interested citizens an opportunity to be heard, the Chair may establish time limits for persons appearing before the Board. 1. Staff Presentation. The Executive Director or his or her designee shall present a description of the proposal, its location, its relationship to surrounding properties, and the nature of the request. The presentation shall also include a brief summary of written public comment received by the Economic Development Department and/or the Executive Director. 2. Applicant Presentation. The Applicant may present his or her proposal. 3. Public Comment. Individuals who wish to speak shall be asked to state their name and address for the public record, but shall not be required to do so. Comments must be relevant to the proposed project. 4. Applicant Response. The Applicant shall be allowed to respond to the public comments. 5. Questions. Regardless of the procedures stated above, any member of the Board or staff persons assisting the Board may, during the public hearing, ask questions or seek additional information from any person appearing before the Board. B. Deliberation and Decision. Following the presentations and public comment period, the Board shall deliberate in public on the agenda item. A motion to approve, deny or table the matter shall be made, seconded and voted upon at this time. C. Postponed Public Hearing. In the event a scheduled public hearing has to be postponed, the Board may, but is not required to, take the comments of persons desiring to provide comment so that they do not have to appear at the rescheduled public hearing. In such event, the minutes of those comments shall be made available to and considered by the Board at the rescheduled public hearing and shall be made a part of the official record of the matter under consideration. ARTICLE VI PROCEDURES FOR COMMENT ON OTHER MATTERS A. Agenda Items for Which No Public Hearing is Held. On each individual matter for which a public hearing is not held but on which the Board will act, after the staff presentation of the item is made but before Board discussion, the Applicant shall be permitted to speak. The Board may permit the public to comment on such items. 6

14 Draft 08/28/09 B. Public Comment Before Adjournment. At the conclusion of each meeting prior to adjournment, anyone wishing to address the Board on any other matter relevant to its functions and responsibilities, on which the public has not been afforded an opportunity to speak earlier in the meeting, shall be permitted to speak up to a maximum of three (3) minutes. C. Other Public Comment. 1. Chair s Discretion. At the discretion of the Chair, a person may be permitted to speak at any time on any matter for an appropriate length of time by the Chair when the Chair or other member determines the Board may benefit from such presentation. 2. Limit on Redundant Presentations. Notwithstanding the foregoing, whenever circumstances warrant, due to the length of a meeting agenda, the unusual number of people wishing to speak, or other similar reason, the Chair shall have the right to limit redundant presentations. In no event, however, shall a person otherwise entitled to speak be deprived of the opportunity to give his or her name and address, whether they are in favor of or opposed to an item, and very briefly their reasons (for the same reasons as a previous identified speaker shall be sufficient). ARTICLE VII AMENDMENTS These Rules may be amended at any meeting of the Board provided that notice of the proposed amendment(s) shall appear on the agenda of the meeting at which the amendments are to be considered. THESE RULES WERE DULY ADOPTED BY THE UPTOWN CORRIDOR IMPROVEMENT BOARD AT ITS REGULAR MEETING HELD ON OCTOBER 7, YEAS: NAYS: Secretary Date Adopted: 10/07/2009 Amended: 7

15 To: Uptown Corridor Improvement Authority Board Members Subject: 2009/2010 Associate Level Trainings The list below outlines the dates and locations for the 2009/2010 Michigan Main Street Associate Level trainings. Dates may be subject to change due to furlough days starting after October 1 st. Main Street Basic Training o October 15 th Niles-Wonderland Theater o October 21st Manistee City Hall Council Chambers Organization / Promotion 101 Training o November 13 th Old Town Perspective2 o November 19 th Clare Doherty Hotel Economic Restructuring / Design 101 Training o January 15 th Grand Haven Community Center o January 21 st Portland City Hall 2 nd Floor Main Street in Practice o February 11 th Howell Cleary s Pub o February 25 th Boyne City Library Laura Krizov Manager, Michigan Main Street Center Specialized Technical Assistance and Revitalization Strategy Division MSHDA krizovl@michigan.gov Mark C. Lewis Neighborhood Ventures lewism@neighborhoodventures.org

16 Grand Rapids Downtown Development Authority Development Support Policy Approved: January 11, 2006 Purpose: General: To promote economic growth and development by dedicating a portion of the increase in the tax base resulting from private investment to the development of needed facilities and or improvements within the development area, thereby facilitating economic growth and development. To establish a policy outlining the conditions by which the DDA may consider entering into a development agreement to jointly fund eligible public facilities constructed in conjunction with major new projects. To reiterate the authority of the DDA, and to establish fair and reasonable guidelines for the exercise of such authority. The DDA wishes to encourage and facilitate strategic new private investment in downtown. In accordance with the DDA Act (Public 197 of 1975, as amended) and the Grand Rapids Tax Increment Financing and Development Plan for Downtown Development Area No. 1, the DDA board has the authority to support the development or redevelopment of properties in the district by entering into development agreements with private parties, and reimbursing said private parties for eligible expenses related to the construction of necessary public facilities, as defined below, in conjunction with new private development projects. Public Facility Defined "Public facility" means a street, plaza, pedestrian mall, and any improvements to a street, plaza, or pedestrian mall including street furniture and beautification, park, parking facility, recreational facility, rightof-way, structure, waterway, bridge, lake, pond, canal, utility line or pipe, building, and access routes to any of the foregoing, designed and dedicated to use by the public generally. "Public facility" also includes improvements to a building, structure, or improved area utilized for an educational, employment or housing, transportation or recreation purpose or for the purchase, rental or acquisition of goods and services which improvements are made to comply with the legal requirements of the State Construction Code for architectural designs which eliminate the type of barriers and hindrances that deter persons with disabilities from having access to and free mobility in and around a building or structure. 1

17 Funding: Guidelines: The DDA collects its revenue to pay for public facilities through its Tax Increment Financing and Development (TIF) Plan. Tax increments are captured tax dollars, based on the difference between the initial taxable value of a property prior to the development or redevelopment and the increase taxable value resulting from new investment. When a property is improved, the DDA is able to capture the increased taxable value of that property. Local millage is then applied, which yields the project tax increment. As of 2005, local millage adds up to approximately 16.2 mills. Thus, for every $1,000 in captured taxable value, the DDA collects $ Obviously then, a property must be improved, must be taxable, and included in the DDA s Downtown Development Area No. 1 in order to yield the DDA a tax increment. The DDA shall determine on a case-bycase basis how much TIF revenue a proposed project is estimated to yield. In order for an economic redevelopment project to be eligible to receive DDA assistance, it must satisfy all of the following criteria: 1. The project site must be located within the DDA s Downtown Development Area No The proposed redevelopment must conform to all building code and zoning ordinance requirements. 3. The proposed redevelopment must result in the retention and/or creation of permanent jobs, or the addition of residential units to the downtown. Subject to the other limitations of this policy, the amount of DDA reimbursement shall not exceed $10,000 for each such job or residential unit. 4. The proposed redevelopment must involve significant private investment so as to assure adequate yield tax increment financing revenues. More specifically, construction-related private investment must exceed $5,000, The maximum expenses eligible for reimbursement the DDA will make for any project shall not exceed the estimated ten (10) year TIF capture generated by that project, or the life of the TIF plan, whichever is less. The reimbursement shall not exceed the actual cost of the public facilities to be installed as part of the project and the reimbursement period shall not exceed 10 years. 6. DDA assistance shall be administered and paid to the developer on a reimbursement basis, as fully described in the development agreement between the DDA and developer. The agreement shall be written in accordance with the terms of this policy and will serve as a legally binding contract, which will enjoy the full effect of law. The agreement will include a schedule of estimated annual grant reimbursement payments. 2

18 7. In no case shall reimbursement installments exceed 75% of the annual local TIF capture generated by the approved project. 8. In the event of a transfer or sale of the property, the development agreement may be assigned to the new owner of the property with prior written consent by the DDA, provided, however, the sale of individual residential condominium units constituting a part of the project shall not require assignment of the agreement or approval of the DDA. The proposed new buyer of the redevelopment may be required to submit information to the DDA regarding proposed job and/or residential additions and any other information required by the DDA to make a determination regarding the assignment of the agreement. 9. Developer shall provide a pro forma analysis of the project to the DDA s legal counsel. Said analysis shall be used, in part, to verify the need for reimbursement and reasonableness of the request. 10. If approved by the DDA Board, eligible costs for off-site public facilities may also be eligible for payment of accrued interest on unpaid reimbursable costs at an agreed upon rate of interest. Offsite public facilities shall be public facilities located outside of the project building typically in the public rights of way or public easements, or on public property and typically considered a part of public infrastructure. Interest will accrue from the later date of the developer having paid for the eligible cost item or the Authority having begun to capture project tax increment revenues. Reimbursement shall not begin until the Authority has begun to capture project tax increment revenues. 11. If approved by the DDA Board, eligible expenses for on-site public facilities are eligible for reimbursement without interest. Reimbursement shall not begin until reimbursement for public facilities listed in paragraph 10 plus accrued interest is complete, and shall not begin until the Authority has begun to capture project tax increment revenues. 12. The obligation of the DDA to reimburse the developer for eligible costs shall be subordinate to existing and future debt obligations of the DDA. To the extent that other debt obligations reduce the ability of the DDA to reimburse the developer, the term of reimbursement may be extended an appropriate period of time to assure reimbursement. Policy Changes: These guidelines may be modified or waived by the DDA Board at any time, and without notice. The Executive Director shall periodically perform a review of the guidelines and prepare a report recommending any changes to the policy necessary to improve the effectiveness of the policy. The Executive 3

19 Director may recommend elimination of the policy if financial conditions warrant, if the goals of the policy are deemed to be accomplished, or based on other factors. Example: Example of a Redevelopment Project with DDA Approved Reimbursement for Public Facilities Redevelopment Project Site: 110 Main Street, NW Initial Taxable Value of Site prior to Redevelopment: $850,000 (2006) Redevelopment activities, proposed by developer, will include construction of a new 10-story building containing 50 new residential condominiums and 20,000 square feet of commercial space. Plans are reviewed by the City s Planning Department and preliminary approval granted. Plans call for the installation of public facilities costing $950,000. Developer makes an application to the DDA for reimbursement. New Investment: $15,000,000 Estimated New Permanent Jobs: 30 Estimated New Residential Units: 50 New Taxable Value of Site following Redevelopment: $6,850,000 (2008) Captured Taxable Value: $6,000,000 Estimated Annual Tax Increment Revenue: (6,000,000 x.01620) = $94,985 Estimated Maximum Annual Reimbursement (75%) = $71,239 Maximum Reimbursement (10 yrs) = $712,390 Maximum Reimbursement (Jobs/housing Threshold) $800,000 Ratio: DDA Reimbursement ($712,390) to Private Investment ($14,287,610) = 1:20 Contact for more information: Jay Fowler, Executive Director Downtown Development Authority 300 Monroe Avenue NW, Suite 920 Grand Rapids, MI Ph: Fax: jfowler@ci.grand-rapids.mi.us 4