COMBINED MEETING OF THE
REDEVELOPMENT AGENCY OF CENTERVILLE CITY AND
THE ADMINISTRATIVE CONTROL BOARD
FOR THE SOUTH DAVIS PERFORMING ARTS CENTER
Tuesday, July 1, 2008 5:30 p.m.

 A quorum being present at Centerville City Hall, 250 North Main Street, Centerville, Utah, the meeting of the Redevelopment Agency of Centerville City work session/Administrative Control Board for the South Davis Performing Arts Center was called to order at 5:45 p.m. by Centerville City Mayor, Ron Russell, RDA Chair/ Administrative Control Board Chair.

 MEMBERS PRESENT
 Ronald G. Russell, RDA Chair/ACB Chair (Centerville Mayor)
 Justin Allen, Centerville RDA Director/ACB Director
 Ken Averett, Centerville RDA Director
 Lawrence Wright, Centerville RDA Director
 Paul Cutler, Centerville RDA Director/ACB Director
 Sherri Lyn Lindstrom, Centerville RDA Director/ACB Director
 John Marc Knight, ACB Director representing Bountiful City Council

 MEMBERS ABSENT
 Joe Johnson, ACB Vice Chair (Bountiful City Mayor)

 STAFF PRESENT
 Steve Thacker, Centerville City Manager, RDA Executive Director
 Blaine Lutz, Centerville Assistant City Manager/Finance Director 
 Connie Larson, Recording Secretary

 VISITORS
 Antone Clark, Ogden Standard Examiner                     Randy Feil, RDA Attorney
 Jeff Fisher, FFKR Architects

 APPROVAL OF THE MAY 28, 2008 ADMINISTRATIVE CONTROL BOARD MEETING MINUTES

Minutes of the May 28, 2008 Administrative Control Board meeting were reviewed. Director Knight made a motion to approve the minutes as written. Director Lindstrom seconded the motion, which was passed by unanimous vote (5-0).

FUNDING UPDATE

 Chair Russell reported he met with the Davis County Commission the week of June 23, and provided them with additional economic information, including a study  done by the Council of Governments in 2003 titled “Creating Community Through

Cultural Development in Davis County” as well as an economic impact study of an arts facility in the Davis County area.

He said the 2003 study supported an arts center in the southern and northern ends of Davis County. He said the economic study projected that $180,000 in direct tax dollars will be generated for Davis County by the South Davis Performing Arts Center, plus 40 jobs would be created.  Mayor Russell said the Davis County Commission agreed last week to have a committee formed from their staff to research the tourism taxes and give a recommendation on what could be done. This morning in the Davis County Commission meeting, it was decided they could use up to $1 million of tourism taxes without altering any of their other programs. There was no action taken in the meeting, but the Davis County Commission said they would continue to discuss funding for the South Davis Performing Arts Center.  

 Chair Russell reported an e-mail campaign was mounted by a group that is sending out false information.  He said the e-mail reports that County property taxes would be used for the South Davis Performing Arts Center, which is false. Chair Russell said it would be tourism taxes that would be used that are for specific purposes, which includes cultural-type facilities. He said there are misperceptions, whether intentional or not, that are being circulated in the community.  Director Cutler suggested doing a counter e-mail to prove there is strong support for the project. Chair Russell said the same group that is opposing the South Davis Performing Arts Center is the same group that opposed the RAP Tax, the Transit Tax, and other projects that will benefit the communities.

 Director Lindstrom said she would like to discuss fundraising for the South Davis Performing Arts Center at the next meeting.

 REVIEW AND DISCUSS ARCHITECTURAL SERVICES AGREEMENT FOR SOUTH DAVIS PERFORMING ARTS CENTER

 Steve Thacker, City Manager/RDA Executive Director, explained that staff has met with FFKR Architects and ASWN to discuss issues preparatory to actually drafting an Architectural Services Agreement for the South Davis Performing Arts Center. He said the standard AIA agreement was revised and presented to FFKR Architects last week. The RDA/ACB Boards discussed the proposal from ASWN regarding a potential contribution of service.  Jeff Fisher, FFKR Architects, said he acknowledges that ASWN has done a large amount of work towards the Performing Arts Center project. He said it is
up to ASWN to suggest the amount of compensation they feel they are entitled to.  Mr. Thacker explained several months ago the construction budget was estimated at $12 million, with 15 percent for schematics. At that time, Scott VanDyke estimated that 80-90% of the programming and schematics phase had been done already, and he offered to donate half the value of that work. Mr. Thacker said there may have been an over commitment by ASWN, and whether they can honor the full commitment at this time is not known. Mr. Fisher said ASWN has done the majority of the work to this point, and Mr. VanDyke was basing his comments on 20 percent of the work—i.e., 5% for programming and 15% for schematics. Mr. Thacker explained staff feels programming should be included in the contract for the 7.5 percent fee, but ASWN needs to make known what they intend to do. Randy Feil, RDA Attorney, explained the fee could be adjusted depending on construction costs.

Mr. Feil explained the contract the State DFCM uses was considered for use. He said this was done because the Redevelopment Agency is a local public procurement unit and uses the State procurement codes. He said it was easier to take the AIA standard form and add to it, which was done. Mr. Feil explained the intent was to get the protections needed from the State form into the AIA form, as well as  much of the architectural services as possible into the compensation package to be covered by the basic services of 7.5 percent.  This was done so there wouldn’t be any unexpected circumstances that might occur that would have to be paid for in addition to the 7.5 percent already budgeted.

 Mr. Thacker explained when the enhanced schematic design stage is reached, the costs can be estimated, and if the costs exceed the budget, there must be redesigning on the project. Mr. Feil explained the current established construction budget amount is $12 million. He said when enough schematics are done a more accurate construction budget can be developed. The Board discussed item 10.3.4 of the proposed contract, and agreed it should be removed. Mr. Feil said item 10.3.4 will be removed from the contract, as the architects will be helping to determine the construction costs. Director Lindstrom asked if more money becomes available and the black box can be added, would the architect be compensated for the addition. Mr. Feil said there is a provision that the project will be designed in such a way that an addition can easily be added when more money is available and redesigning will not need to take place. When more funding becomes available during construction, then other amenities can be added. 

 Steve Thacker briefed the Board that the Feasibility Study for the Center was based on having a black box and recital room.  If these amenities are not constructed, then he recommends that the Feasibility Study should be updated to assure that the center can operate without further subsidies.
 Blaine Lutz said he will talk to Jason Burningham of Lewis Young about the costs involved to update the Feasibility Study and then allow the RDA to consider the additional costs. Staff’s assumption is that the RDA will be advancing the payments for this contract and then they will be reimbursed from the bonding. He said the risk is that the project never happens, and it must be understood the RDA is taking the risk upfront. 

 Director Lindstrom made a motion to recommend to the RDA Board approval of the Architectural Services Agreement, (AIA Document), subject to the removal of Item 10.3.4., and resolution of the compensation issue involving ASWN. Director Allen seconded the motion, which was passed by unanimous vote (5-0).

 At 6:40 p.m., Director Cutler made a motion to adjourn the meeting.  Director Allen seconded the motion, which was passed by unanimous vote (5-0).