HomeMy WebLinkAboutDowntown Development Authority - Minutes - 05/02/20020
ddoDOWNTOWN
DEVELOPMENT
AUTHORITY
DOWNTOWN DEVELOPMENT AUTHORITY
REGULAR DIRECTORS' MEETING
LARRY S AOUD, CMMR 22"000 M
CHUCK WANN19RI CCIV MOIL LIAISON 494=6610 M
ANNE GARRISON, STAFF LIMSON 4fiY4-POEC? tWI
MINUTES OF MAY 2, 2002
REGULAR MEETING
THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY MET IN REGULAR
SESSION AT 7:30 A.M. ON MAY 2, 2002 IN THE MEETING ROOM AT HOME STATE BANK - 303 E.
MOUNTAIN AVENUE, FORT COLLINS, CO 80524.
PRESENT THERE WERE PRESENT:
KIM JORDAN, VICE CHAIR
JASON MEADORS, SECRETARY/TRE/4URER
MARY BRAYTON,
GREG BELCHER
CHUCK WANNER
RICK GOOD-1 E
STEVE TATLOR
CAREY New=
ABSENT:
LARRY STROUD. CHAIR
STAFF:
ROBERT STEINER, INTERIM EKECUTWE DIRECTOR
ANNE GARRISON
LUCIA IULEY, LEGAL COUNSEL
GUESTS:
STEVE Roy, DENNIS HARRISON. SGT. MICHAEL STEELE. THERESA ABLAU,
DAVID SHORT, MYRNE WATROUS, CLARK MAPES. BILL SEARS, MIKAL TORGERSON
CALLTO ORDER MS. JORDAN CALLED THE MEETING TO ORDER AND ROLL CALL WAS TAKEN.
APPROVAL OF MINUTES MR. WANNER MOVED TO APPROVE THE MINUTES OF APRIL 4, 2002 THIS WAS SECONDED BY MR,
BELCHER AND CARRIED UNANIMOUSLY.
DSP ADVISORY MR. STEINER REFERRED TO THE SPECIAL MEETING HELD BY THE DDA ON APRIL I 1. TO REVIEW
COMMITTEE THE SCOPE OF WORK FOR THE DOWNTOWN STRATEGIC PLAN, AT TINT TIME, THE BOARD DECIDED
REPRESENTATIVES IT WOULD LIKE TWO VOLUNTEERS TO SERVE AS REPRESENTATIVES ON THE ADVISORY COMMITTEE.
THE CITE INDICATED THAT MEETINGS WOULD TAKE PLACE ABOUT EVERY SIX WEEKS. VOLUNTEERS
WILL ALSO NEED TO ATTEND ONE OR TWO FOCUS GROUPS, AND AN OCCASIONAL CITY COUNCIL
MEETING. THE INTENT OF THE COMMITTEE IS TO OFFER IDEAS, AND SERVE AS A SOUNDING BOARD
FOR THE CONSULTING TEAM.
19 Old Town Square • Suite 230 • Fort Collins, Colorado 80524 tel: 970.484.2020 • fax: 970.484.2069
•
ODA MINUTES
PAGE 2
MR. GOODALE BELIEVES THE REPRESENTATIVE SHOULD BE SOMEONE WITH REAL ESTATE AND
DEVELOPMENT EXPERIENCE, AND SUGGESTED MESSRS, BELCHER AND STROUD. MR. TAYLOR WAS
MENTIONED BECAUSE OF HIS EXPERTISE IN THE RESTAURANT/BAR BUSINESS, ABOUT WHICH THERE
ARE UNRESOLVED ISSUES.
AFTER SOME DISCUSSION, MS. BRAYTON MOVED TO DESIGNATE MESSRS. GOODALE AND BELCHER
AS THE REAL ESTATE COMPONENT, AND MESSRS. TAYLOR AND HEWITT REPRESENTING RETAIL. THIS
WAS ACCEPTABLE TO ALL PARTIES. THE MOTION WAS SECONDED BY MR, MEADORS AND CARRIED
UNANIMOUSLY. IT WAS FURTHER DECIDED THAT THE DOWNTOWN STRATEGIC PLAN SHOULD BE A
STANDING AGENDA REM, AND REPORTS WILL BE GIVEN OFTEN BY THE REPRESENTATIVES. IN ORDER
TO PROVIDE COMPLETE COVERAGE, THE NEW APPOINTEES WILL COORDINATE ATTENDANCE AT THE
MEETINGS, MR. MAPES WILL PROVIDE A SCHEDULE OF MEETING TIMES AND DATES IN ADVANCE.
IN CONCLUSION, MR, STEINER REFERRED THE BOARD TO AN UPDATED SCHEDULE FOR ROBERT
GIRDS RETURN. MAY 22 AND 23. NAVE BEEN SET FOR FOCUS GROUPS, PUBLIC PRESENTATION,
MERCHANDISING SESSIONS AND A WALKING TOUR OF DOWNTOWN. A SUGGESTION WAS OFFERED TO
HAVE A BREAKFAST MEETING BETWEEN THE DDA BOARD AND MR. GIBBS ON THURSDAY, MAY 23,
2002 AT 7:30 A.M. BREAKFAST WILL BE PROVIDED BY THE DDA, AND THE SITE IS STILL TO BE
DETERMINED,
MR. STEINER NOTED THAT THE DOWNTOWN STRATEGIC PLAN (DSP) TECHNICAL TEAM MET
YESTERDAY, AND APPROXIMATELY FIFTEEN PEOPLE FROM THE CITY, TOGETHER WITH VIVID SHORT
REPRESENTINO THE DOWNTOWN BUSINESS ASlOCIA.MON, AND MR. STEINER ON BEHALF OF DDA,
REVIEWED SOME SPECIFIC ISSUES, ALONG WITH THE SCOPE OF WORK.
SITE PLAN PROPOSAL MR. STEINER OBSERVED THERE IS A LOT OF POTENTIAL ACTIVITY BETWEEN THE JEFFERSON/
BUCKINGHAM REGION, DDA NAS ALREADY COMMITTED FUNDS TO THE LINDEN/JEFFERSON
INTERSECTION, AND IN ADDITION, THERE ARE SEVERAL MORE PROJECTS IN THE PIPELINE. THESE
INCLUDE THE SEARS PROJECT, EL BURRITO AND THE OXBOW. IT SEEMS DDA MIGHT BE ABLE TO
ENCOURAGE OWNERS BY DOING A SITE DESIGN PUN FROM JEFFERSON TO BUCKINGHAM. MIND
PERHAPS, A LITRE WAY DOWN WILLOW.
MR, STEINER SUGGESTED THAT DDA COULD GO TO THE PROJECT OWNERS AND OFFER TO PACKAGE
AN OVERALL SITE PLAN FOR THEM WITH THEIR PROJECT, IF WE CAN TAKE IT FORWARD THROUGH
THE PUNNING PROCESS, THIS CLARIFIES FOR OWNERS WHAT THE LEVEL OF DDA PARTICIPATION
MIGHT BE, AND GIVES BOTH DDA AND THE CITY AN IDEA OF WHAT REDEVELOPMENT COSTS ARE FOR
THE PUBLIC INFRASTRUCTURE IN THAT AREA. MR. STEINER IS THEREFORE REQUESTING FEEDBACK
IN THIS MATTER, AND WHETHER OR NOT THE BOARD WISHES HIM TO PURSUE IT. THE BEST WAY TC
APPROACH THIS IS TO PACKAGE IT WITH THE DEVELOPMENT PROJECTS, AND IN SO DOING, WE CAN
ASSIST IN MODERATING THEIR PROGRESS.
COMMENTS SHOWED THE BOARD TO SE IN GENERAL CONSENSUS, AND AT THIS JUNCTURE MR,
HEWITT MOVED TO AUTHORIZE MR. STEINER TO LOOK INTO DEVELOPING AN OVERALL SITE PLAN, AND
MR. WANNER SECONDED THE MOTION. MS. JORDAN STATED THAT ALTHOUGH SHE WAS NOT YET IN A
CONFLICT OF INTEREST WITH THIS ISSUE, SHE WOULD REFRAIN FROM VOTING. THE MOTION CARRIED
WITH MS, JORDAN ABSTAINING.
LIQUOR LICENSING LAW MR. FISCHBACH INTRODUCED STEVE ROY, CITY ATTORNEY, DENNIS HARRISON, CHIEF OF POLICE,
SERGEANT MIKE STEELS, DISTRICT 1, AND THERESA ASLAU, ASSISTANT CITY ATTORNEY, WHO IS
RESPONSIBLE FOR PROSECUTING ALLEGED VIOLATIONS OF THE LIQUOR LAWS. THEIR TASK TODAY IS
TO DISCUSS THE MOSLEMS BEING FACED IN THE DOWNTOWN AREA, AND RESPOND TO QUESTIONS
RELATED TO LIQUOR LICENSING.
MR. Roy SUGGESTED THEY BEGIN BY TOUCHING ON WHAT THEY CAN AND CANNOT DO AS A HOME
RULE CRY. AT LEAST ONE OF THE CONCERNS PRESENT TODAY IS THE CONCENTRATION OF CERTAIN
KINDS OF LIQUOR LICENSED ESTABLISHMENTS, TAVERNS AND SO FORTH IN THE OLD TOWN AND
DOWNTOWN ARCS. EVEN A HOME RULE CITY NAS LIMITATIONS IN WHAT THEY ARE ABLE TO M, MR.
Roy ®AWNED, THE COURTS HAVE HELD THAT LIQUOR UCEN31HO IS A MATTER OF STATEWIDE
CONCERN, THEREFORE, FORT COLLINS CAN ONLY EXERCISE THAT AUTHORITY WHICH IS EXPRESSLY
GIVEN TO THEM BY THE STATE LEGISLATURE. THEY MUST, THEREFORE, LOOK TO THE STATE LAWS
TO DETERMINE LATITUDE. IT IS NOT WITHIN THE CITY'S JURISDICTION TO CAP THE NUMBER OF
LIQUOR LICENSES ISSUED, EVEN THOUGH IT MAY BE A CONCERN. THE LIQUOR LICENSING
AUTHORITY, IN FORT COLLINS, WHICH IS THE MUNICIPAL JUDGE, HAS THE AUTHORITY TO DENY A
LIQUOR LICENSE, BUT ONLY IF THE REQUIREMENTS OF THE STATUTE ARE NOT MET. UNDER
CONSIDERATION, ARE THE NEEDS OF THE NEIGHBORHOOD AND THE DESIRES OF THE ADULT
INHABITANTS OF THE NEIGHBORHOOD, TOGETHER WITH THE MORAL CHARACTER AND BACKGROUND OF
THE APPLICANT.
ODA MINUTES ONE OTHER CONSIDERATION THAT RELATES SPECIFICALLY TO TAVERNS AND RETAIL LIQUOR
PAGE 3 ESTABLISHMENTS, IS THAT IF THERE IS AN UNDUE CONCENTRATION OF BUSINESSES WITH THE SAME
KIND OF LICENSE IN A GIVEN AREA, THEN THE LICENSE CAN BE DENIED, AND THERE IS STATUTORY
CRITERIA THAT THE MUNICIPAL JUDGE CAN REVIEW, TO SEE WHETHER OR NOV A SITUATION
CONSTITUTES A 'CONCENTRATION,' THE RATIO OF NUMBER OF LICENSES IN A GIVEN AREA TO THE
POPULATION, THE NUMBER OF UCENSES AS A WHOLE, AND THE DISTANCES BETWEEN LICENSES OF
THE SAME KIND, ARE SOME OF THE CONSIDERATIONS.
DENNIS HARRISON REVEALED THAT RECENT CONVERSATIONS WITH DOWNTOWN MERCHANTS HAVE
SERVED TO UNDERSCORE EXISTING PROBLEMS. GRAFFITI, VOMIT, URINATION, ALL OF WHICH RAISE
THE QUESTION OF HOW MUCH ALCOHOL IS BEING SERVED IN THE DOWNTOWN, THIS GIVES RISE TO
OTHER ISSUES SUCH AS LACK OF PUBLIC FACILITIES, LENGTHY WAITS TO OET INTO ESTABLISHMENTS,
INSUFFICIENT FACILITIES INSIDE THE BARS, INADEQUACY OF PUBLIC TRANSPORTATION FOR CSU
FOLK. PORTO-LEIS HAVE BEEN SUGGESTED, THEIR COST IS $80.00 PER UNIT, BUT THE
PROBLEM IS MUCH GREATER THAN FIRST DETECTED, AND OVER -SERVICE IS NOT ALWAYS THE ISSUE,
MANY BRING THEIR OWN CONTAINERS WITH THEM TO OFFSET THE LENGTHY WAIT TO GET IN THE BARS.
SOT. STEELE MENTIONED THE NUMBER OF VISITORS FROM GREELEY. CHEYENNE AND DENVER, AND
THE AMOUNT OF CITATIONS RECENTLY ISSUED. HE ALSO SUGGESTED PLACING TWO PORTO-LETS IN
THE PARKING GARAGES . MR. BELCH" WONDERED IF A BUILDING DEPARTMENT REVIEW OF CODES
AS THEY RELIT: TO ADEQUATE FACILITIES FOR CLIENTELE MAY BE RELEVANT. MOST PUBLIC
RESTROOMS, SUCH AS OAK STREET AND TRIMBLE COURT ARE CLOSED AFTER 9:00 P.M. IT WAS
ALSO SUGGESTED THAT A FEE BE ATTACHED TO ANY LICENSE ISSUED, TO PROVIDE FOR CLEAN UP.
IT IS BOTH A SOCIAL AS WELL AS AN INFRASTRUCTURE PROBLEM,
MR. TAYLOR NOTED THAT THE FIRE CAPACITY AND RESTROOM NEEDS DO NOT TRACK, MR. WANNER
FEELS IT IS A MATTER OF PUBLIC HEALTH AND SAFETY, AND OLDER BUILDINGS SHOULD BE REWEWED
AND WHERE NEEDED, MORE STALLS REQUIRED, AND THE SAR OWNERS SHOULD BE FISCALLY
RESPONSIBLE FOR THESE UPGRADES. THE QUESTION WAS POSED, WHETHER THE CITY CAN LEGALLY
00 BACK AND REQUIRE EXISTING BUILDINGS ADD NEW FACILITIES. THE SUBJECT OF 'HI -TECH"
TOILETS WAS RAISED, THEY WORK EXTREMELY WELL, AND OPERATE CLEANLY AND EFFICIENTLY.
DOORMEN OF BARS AND RESTAURANTS ARE RECEIWNG TRAINING FROM TIE UOUOR ENFORCEMENT
OFFICER. THE POUGRE FIRE AUTHORITY IS DOING HEAD COUNTS ON BUSY NIOHTS AND IT WAS
SUGGESTED THAT THE BUILDING AND FIRE DEPARTMENTS WORK IN CONCERT REGARDING CAPACITY
VERSUS FACILITIES IN ESTABLISHMENTS. THE QUESTION WAS ASKED WHETHER A LICENSE COULD BE
REVOKED FOLLOWING A GIVEN NUMBER OF CITATIONS. MR. STEINER SUGGESTED THAT
REPRESENTATIVES FROM THE DDA AND CITY ATTORNEY-S OFFICE BE PRESENT AT MEETINGS WITH
TAVERN OWNERS TO HAMMER OUT SOME OF THESE ISSUES.
LINDEN HOTEL PAYOFF IN THE EARLY 1990's DDA BORROWED MONEY FROM THE STREET OVERSIZINO FUND TO PROWDE
THE FAWE FOR THE UNDEN HOTEL. APPROXIMATELY THREE PAYMENTS OF $33,000 REMAIN.
MR. STEINER ASKED THE BOARD IF IT WISHED TO CONSIDER PAYINO OFF THE LOAN AT THE COST OF
$ 100,000. THIS WOULD SAVE SOME INTEREST, AND FREE UP RESOURCES FOR THE NEXT FEW
YEARS FOR OTHER PROJECTS, MR. BELCHER MOVED TO RETIRE THE LOAN AS OUTLINED IN MR.
STEINER'S MEMO. THIS WAS SECONDED BY MR. TAYLOR AND CARRIED UNANIMOUSLY.
OTHER BUSINESS • 185 NORTH COLLEGE AVENUE — MS. LILLY. MR, STEINER AND MR. ANDERSON MET TO
DISCUSS THE ONGOING SIONAGE ISSUE AT JOHNNY'S PLACE. MR, ANDERSON AFFIRMED THAT HE
WOULD DO THE STUCCO TREATMENT, AS AGREED, BUT PRODUCED A LETTER FROM HIS TENANT'S
ATTORNEY, WHICH HAD NOT BEEN SENT. FOLLOWING SOME DISCUSSION, MR. ANDERSON AGREED TO
UNDERWRITE THE FULL COST OF CHANGING THE COLOR FROM RED TO GREEN, PROWDING THE
TENANT CONCURS, AND MS, ULEY HAS WORKED THINGS OUT AMICABLY WITH THE TENANT'S
ATTORNEY. A VERBAL AGREEMENT BETWEEN THE PARTIES IS TNEREFORE IN PLACE.
" SENATE BILL #32 — A nw, RATHER THAN TEN YEAR EXTENSION IS SEINO CONSIDERED, AND
ASSUMING IT PASSES, IT WILL GO TO BOTH FLOORS FOR A VOTE. MS, ULEY NOTED THAT WE MAY
NEED TO AMEND THE PLAN OF DEVELOPMENT WHICH SPEAKS TO A 25 YEAR TERM.
• EXGCVTIVE DIRECTOR SEARCH COMMITTEE — WEB SITES HAVE BEEN IDENTIFIED, JOB
ANNOUNCEMENTS PREPARED, AND MS. BRAYTON RECOMMENDED THAT THE SEARCH COMMITEE MEET
SOON AND PUT TOOETIER A PLAN. SOME DISCUSSION ENSUED, AND THE BOARD AS A WHOLE
EXPRESSED INTEREST IN THE PROCESS, AND A DESIRE TO BE INFORMED AS THE SEARCH CONTINUES.
ADJOURN THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 9.05 A.M.
JASON MEADORS, SECRETARY
DOWNTOWN
DEVELOPMENT
ddoAUTHORITY
TO: DDA Board of D*reours
FROM: Chip Steiner
DATE: May 30, 2002
RE: Sign Review Policy
Sign design issues on building facades that involve a DDA investment prompted the
Authority to ask the City's building department to delay permitting until the Board of
Directors could review and approve the proposed signage.
This approach can cause as much as a 30-day delay for a project depending upon the time
of submittal and the next scheduled DDA Board meeting. If the Board of Directors
perceives this to be a problem, four alternative procedures are described below.
Appoint a standing signage design review committee of three board members that is
authorized to make decisions on behalf of the full board and that can meet on an
impromptu basis. The presence of two members would be sufficient to render a
decision;
2. Authorize staff and one board member (with an alternate or two) to make signage
decisions;
3. Make no changes. Continue to require sign alterations to be brought to the full board
at regularly scheduled meetings;
4. Ask the City to be responsible for sign review and approval.
The DDA is not a regulatory agency so there is some logic to turning over sign review
responsibility to the City. However, there is no guarantee it would accept that
responsibility. It is also difficult to envision an expedited sign review process within the
City's bureaucracy.
Option #3 leaves full control in the hands of the board of directors. In terms of assuring a
broad consensus, this approach works best. It is also cumbersome and might have a
negative economic impact.
Option #2 is the most responsive and flexible approach. On the other hand, it requires
some trust on the part of the full board and a willingness to accept decisions it may not
necessarily agree with.
19 Old Town Square • Suite 230 • Fort Collins, Colorado 80524 • tel: 970.484.2020 • fax: 970.484.2069
The first option places control of signage decisions with a few board members. It would
be less responsive than Option #2 (because getting board members together quickly is not
always easy) and more responsive than Option #3. It also requires the rest of the board to
accept decisions it may not necessarily agree with.
We could probably also do some combination of the above. Bringing a sign proposal to
the full Board could be the default policy and would be utilized if time was not a critical
factor. Option two or three could be used only in those cases where a speedy decision is
needed.
Sienaee Review Criteria.
It would be useful to have some standards by which signs are evaluated but which do not
unduly restrict creativity. I will try to assemble the City's regulations before the next
DDA meeting and, if necessary, suggest some additional standards the Authority can use
to evaluate proposals.
ddoDOWNTOWN
DEVELOPMENT
AUTHORITY
DDA Board of 7 / "rs
FROM: Chip Steiner CI
DATE: June 4, 2002
RE: Old Town Square Maintenance
Lucia and I met with John Fischbach and Ed Stoner shortly after the last Board meeting
to discuss maintenance issues in Old Town Square. This group concluded that it was
worth exploring the City and DDA assuming responsibility for all maintenance and
capital replacement. The City is in the process of estimating the cost for it to take over
maintenance obligations. We will also need an assessment of the immediate and longer
term renovation/replacement work required.
If the Board authorizes pursuing this idea we will need a number of agreements.
Generally these will address the following issues:
1. The financial obligations for maintenance. This will include an annual contribution
from Progressive Old Town Square equal to its current maintenance expenditure
($80,000+) plus an escalator.
2. Some sort of arrangement between the City and DDA regarding capital improvement
expenditures. We cannot arbitrarily assign this obligation to either party which is
why an assessment of the short and long term physical improvements is needed.
3. Terms governing commercial activity and use. Ed Stoner wants to maintain control
over the vending carts to avoid competition with retail tenants in the Square. It
probably makes more sense to give POTS a check off on cart vendors rather than
splitting this item out for separate treatment. At the meeting with Fischbach and
Stoner we also discussed contracting with the Downtown Business Association to
manage the day-to-day activities on the Plaza. This idea has not been presented to the
DBA.
4. Long-term obligations. Even with the extended life of the DDA's tax increment
district this resource disappears in 2011.
19 Old Town Square. Suite.230 Fort Collins, Colorado 80524 tel. 970.484.2020 far; 970.484.2069
ddoDOWNTOWN
DEVELOPMENT
AUTHORITY
TO: DDA Board of D're�tors
FROM: Chip Steiner
DATE: June 4, 2002 (�
RE: Play Area in Old Town Square
Last December the Board approved funding the Old Town Square Play area proposed by
Lee Swanson. The approved motion was for 40 percent of the cost up to $20,000. It also
required that the balance of the funds be committed and that the City agreed to the
location.
Mr. Swanson has provided written verifications (attached). Total cost is now estimated at
$30,000 of which the DDA's portion is $12,000. The new location is to be in the middle
of the Square and requires the demolition of an existing planter.
The following action is needed from the Board:
1. Acceptance of the commitments;
2. An agreement with the architect/contractor which will permit us to begin funding
design work ($1,500). This may be complicated because of the variety of funding
sources;
3. Approval for the demolition of the planter.
Mr. Swanson is hoping that the play area can be built this summer. We need to discuss
this as well since it will entail some disruption to the plaza area during the busiest season
of the year.
19 Old Town Square Suite 230 • Fort Collins, Colorado-80524 • te(r 970.484.2020 • fax. 970.484.2069