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HomeMy WebLinkAboutDowntown Development Authority - Minutes - 02/06/2003DOWNTOWN DEVELOPMENT AUTHORRY REGULAR DIRECTORS' MEETING MINUTES OF FEBRUARY 6, 2003 2299900 SW1 L LIAISON 484-8838 (W) LIAt$ON 484-2020 (W) REGULAR MEETING THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY MET IN REGULAR SESSION AT 7:30 A.M. ON FEBRUARY 6, 2003 IN THE MEETING ROOM AT HOME STATE BANK' 303 EAST MOUNTAIN AVENUE, FORT COLLINS, CO 80524. PRESENT THERE WERE PRESENT: LARRY STROUD, CHAIR Kim JORDAN, VICE CHAIR JASON MEADORS, SECRETARY/TREASURER MARY BRAYTON RICK GOODALE GREG BELCHER BILL BERTSCHY STEVE TAYLOR ABSENT: CAREY HEWITT STAFF: ROBERT STEINER, EXECUTIVE DIRECTOR ANNE GARRISON LUCIA ULEY, LEGAL COUNSEL GUESTS: DAVID SHORT, MYRNE WATROUS, DARIN ATTEBERRY, STEVE Roy, KAREN STEPHENS, OFFICERS STEELE S, WALKER, MARTY HEFFERNAN, BOB LOEVEN• BILL SEARS CALL TO ORDER MR. STROUD CALLED THE MEETING TO ORDER AT 7:30 A.M. AND ROLL CALL WAS TAKEN, APPROVAL OF MINUTES MR, BERTSCHY MOVED TO APPROVE THE MINUTES OF JANUARY 9, 2003 THIS WAS SECONDED BY MR, MEADORS AND CARRIED UNANIMOUSLY, MS, BRAYTON LATER MADE MENTION THAT A CORRECTION WAS NEEDED TO SHOW MAYOR MARTINEZ AS AN ALTERNATE BOARD MEMBER, RATHER THAN A GUEST. PICKLE PLANT MR, STEINER OBSERVED THAT THIS PROPERTY IS SITUATED BESIDE ONE OF THE MAJOR GATEWAYS BEAUTIFCATION TO THE CITY. AND DDA PARTICIPATION WOULD SPEED THE PROJECT ALONG CONSIDERABLY. MR, HEFFERNAN EXPLAINED THAT THE PROPERTY HAD BEEN ACQUIRED BY THE CITY AS A BUFFER TO THE WATER TREATMENT PLANT, THE OLD WAREHOUSE, ON SITE, IS CURRENTLY LEASED AND GENERATE5 $30,000 A YEAR IN REVENUE. PLANNING STAFF IS SLATED TO PREPARE THE PLANS FOR THIS POCKET PARK, WHICH WILL INCLUDE BRINOING IN TOP SOIL, CONNECTING TRAILS, CREATING SOME BERMS TO OFFSET NOISE, PLANTING TREES AND FLOWERS, ADDING SOME PICNIC TABLES, AND POSSIBLY A GATE OR ENTRYWAY FEATURE. MR, GOODALE SUGGESTED LEAVING THE BUILDING IN TACT TO PRESERVE THE INCOME AND MAKE IMPROVEMENTS CLOSER TO THE STREET. DDA MINUTES PAGE 2 MR. STEINER SUGGESTED THAT FULL BLOWN PLANS, TO INCLUDE THE ENTRYWAY, BE PROVIDED SO THE BOARD CAN BETTER DETERMINE FUNDING. THE BOARD DEMONSTRATED AN INTEREST IN THIS PROJECT, AND WHILE THE SITE MAY NOT BE IN THE DDA DISTRICT, IT WOULD NOT BE DIFFICULT TO ANNEX, IF THE PROPERTY OWNER 15 AGREEABLE. AT THIS JUNCTURE, MR. STROUD CALLED FOR A STRAW VOTE TO GIVE MR. HEFFERNAN SOME SENSE OF DIRECTION. THE MAJORITY SEEMED IN FAVOR OF PARTIAL BEAUTIFICATION OF THE LAND AND PRESERVING THE BUILDING IN TACT FOR THE INCOME, REVISED PATIO POLICY MS. LILEY SAID THAT RESOLUTION #2003-01 IS AN ATTEMPT TO CAPTURE THE IDEAS RESOLUTION EXPRESSED BY THE BOARD AT THE LAST MEETING. SHE ADDED, THAT IF THERE WERE STILL AREAS THAT NEEDED TO BE ADDRESSED, THEY SHOULD BE STATED AT THIS TIME. THERE WERE SEVERAL POINTS OF DISCUSSION: • CONCERN ABOUT BLANKET OPERATING HOURS WHICH DO NOT APPLY TO ALL BUSINESSES • NO COOKING EQUIPMENT ON PATIOS MUST BE SPECIFIED, THIS DOES NOT INCLUDE COFFEE WARMERS WHICH ARE INTEGRAL TO SERVICE, NOT PREPARATION. • STORAGE OF EQUIPMENT DURING OFF SEASON SHOULD BE AWAY FROM PATIO AREA • PATIOS MUST BE KEPT FREE OF TRASH, DEBRIS AND SNOW MR. GOODALE MOVED TO ADOPT RESOLUTION #2003-01 AS AMENDED, INCLUDING PARAGRAPHS REGARDING FOOD PREPARATION RESTRICTIONS, AND SNOW, TRASH AND DEBRIS REMOVAL. THIS WAS SECONDED BY MR. BERTSCHY AND CARRIED UNANIMOUSLY. NEW/REVISED DT THE CITY HAS PREPARED NEW AND REVISED ORDINANCES REGARDING SOME OUTSTANDING ORDINANCES ISSUES. OFFICER STEELE GAVE A VIDEO PRESENTATION FEATURING SOME OF THE NIGHT LIFE IN OLD TOWN, SO THE BOARD MIGHT BETTER UNDERSTAND THE ISSUES WITH A VIEW TO SOLVING RATHER THAN SIMPLY MANAGING THEM. THIS WAS FOLLOWED BY A POWER POINT PRESENTATION BY OFFICER WALKER. KAREN STEPHENS, CITY ATTORNEYS OFFICE, PRESENTED THE DRAFT ORDINANCES WHICH ARE TO BE SUBMITTED TO CITY COUNCIL. WHILE THESE WILL HAVE A CITY WIDE IMPACT, THEY WILL ALSO APPLY TO DOWNTOWN. THE DRAFT ORDINANCES ARE AS FOLLOWS: • REPORT OF DISTURBANCES • MISUSE OF PUBLIC WATERS • OBSTRUCTING A HIGHWAY OR PASSAGEWAY • TRESPASS • BODILY WASTE MR. GOODALE SUGGESTED THERE MAY BE A WAY TO LESSEN PUBLIC POSTINGS OF THESE NEW RULES, SINCE WE ARE ALREADY COVERED UNDER CITY AND STATE REGULATIONS. THE BOARD IS ENCOURAGED TO SPEAK TO MEMBERS OF CITY COUNCIL REGARDING THIS ISSUE, AND DARIN ATTEBERRY WILL ADDRESS THE DBA BOARD AT ITS NEXT MEETING, AT THIS JUNCTURE, MR, BELCHER MOVED TO ADOPT THE ORDINANCES AS PRESENTED, THIS WAS SECONDED BY MR. GOODALE AND CARRIED UNANIMOUSLY. MR. FISCHBACH ADVISED THAT HE WOULD TRY TO POSTPONE ACTION BY CITY COUNCIL, FROM THE FEBRUARY 18. MEETING TO A LATER DATE. STAGE RAILING ED STONER, PROGRESSIVE OLD TOWN SQUARE PROPERTIES, HAS PROPOSED A DECORATIVE CHAIN FENCE TO SURROUND BOTH SIDES OF THE CHANNEL IN FRONT OF THE STAGE TO PREVENT ACCIDENTS WHICH MAY OCCUR WHEN THE WATER IS FROZEN AND SNOW COVERED, M5. ULEY STATED THAT HAVING BEEN ADVISED OF THE EXISTENCE OF A POTENTIAL DANGER, THE BOARD SHOULD CONSIDER TAKING SOME ACTION. VARIOUS SUGGESTIONS WERE PROPOSED, INCLUDING A GRATE WHICH WOULD SIT OVER THE CHANNEL. THE BOARD DIRECTED MR. STEINER TO DO SOME IN DEPTH RESEARCH CONCERNING GRATES, AND POSSIBLY POST A TEMPORARY SIGN M THE INTERIM. DDA MINUTES PAGE 3 SECURITY DISCUSSION DUE TO TIME CONSTRAINTS, IT WAS DECIDED TO TABLE THE ISSUE UNTIL THE NEXT MEETING WHEN SUFFICIENT TIME CAN BE DEVOTED TO AN EXAMINATION OF THE ISSUES. MR. GOODALE ANNOUNCED THAT HE HAD CLOSED HIS DOWNTOWN OFFICE, AND AS A RESULT MUST RESIGN FROM THE DDA. SINCE HE BROUGHT THE SECURITY ISSUE TO THE BOARD INITIALLY, IT WAS REQUESTED HE REMAIN UNTIL A SUCCESSOR IS APPOINTED, IN THE MEANTIME. MS. LILEY WILL CHECK THE STATUTES IN TERMS OF MR. GOODALE LOSING HIS QUALIFICATIONS. IT 15 THE BOARD'S DESIRE THAT MR. GOODALE BE A PART OF THE SECURITY DISCUSSIONS. OTHER BUSINESS AS A RESULT OF A LETTER SENT BY MR. STROUD TO THE LPG, AN INVITATION HAS BEEN EXTENDED FOR DDA REPRESENTATIVES TO ATTEND AN LPG BOARD MEETING. MR. STEINER FEELS IT IS IMPORTANT FOR THE FULL BOARD TO BE PRESENT AT THIS MEETING, WHICH COULD POSSIBLY BE MARCH 25, 2003. LPC LIAISON, MYRNE WATROUS AND MR. STEINER WILL COORDINATE THE MEETING, AND A REQUEST TO APPEAR FIRST ON THE AGENDA WILL BE MADE. ADJOURN THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED AT 9.40 A.M. JASON MEADOR$, SECRETARY DOWNTOWN DEVELOPMENT AUTHORITY TO: DDA Board of Dire rs FROM: Chip Steiner DATE: March 4, 2003 RE: Patio Agreements Attached to this memo is a copy of the Coopersmith patio license. All other licenses are identical except for the gross lease amount and legal descriptions. (There are some typos in the license that will be corrected prior to signing.) The licenses include all the terms and conditions spelled out in the Patio Resolution passed by the Board last month. Staff added one clause requiring that attaching anything to the patio railings other than flower boxes required DDA approval. The licenses have been circulated to tenants and to Progressive Old Town Square. At this time, staff has not received any feedback. If the Board is comfortable with the document it needs to authorize the chair to sign. 19 Old Town Square • Suite 230 • Fort Collins, Colorado 80524 • tel: 970.484.2020 • far: 970.484.2069 LICENSE AGREEMENT This License Agreement is made and entered into this day of 2003, by and among THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic (the "DDA"), having its principal offices at 19 Old Town Square, Suite 230, Fort Collins, Colorado 80524; PROGRESSIVE OLD TOWN SQUARE LIMITED LIABILITY COMPANY, a Colorado limited liability company ('Progressive LLC"), having its principal offices at 5 Old Town Square, Suite 216, Fort Collins, Colorado 80524; and COOPERSMITH BREWING CO., a Colorado corporation ("Coopersmith"), having its principal offices at 5 Old Town Square, Fort Collins, Colorado 80524. RECITALS It is the purpose of the DDA to benefit the health, safety, and general welfare of the Fort Collins community through the enhancement of the central business district as an economically successful district. Old Town ("Old Town") is located in the older portion of downtown Fort Collins, Colorado. As part of its mission to improve the economic viability of the central business district, the DDA has participated in the renovation and reconstruction of Old Town. The DDA is the owner of a majority of that property in Old Town known as "Old Town Plaza", a public plaza situated east of College Avenue and between Mountain Avenue to the south and Walnut Street to the north, being more particularly described on Exhibit "A" attached hereto and incorporated herein by reference ("Old Town Plaza"). Progressive LLC is the owner of that property located at 5 Old Town Square, Fort Collins, Colorado 80524 which is adjacent to Old Town Plaza (the "Private Property") and which is currently leased to Coopersmith for the operation of a restaurant, brewpub, and pool hall. Progressive LLC and Coopersmith are collectively referred to herein as the "Licensees." Coopersmith, in connection with its restaurant is presently operating an outdoor dining and beverage service patio on a portion of Old Town Plaza owned by DDA and more particularly described on "Exhibit B" consisting of a location map and a legal description, attached hereto and incorporated herein by reference (the "Licensed Premises"). The DDA Board of Directors, on March 6, 2003, approved the execution of this License Agreement between the Licensees and the DDA on the terms and conditions set forth below. Accordingly, the DDA and the Licensees agree as follows: ARTICLE 1.0 GRANT OF LICENSE In connection with the business currently located on the Private Property which is operated by Coopersmith, the DDA grants to the Licensees a license to use the Licensed Premises for outdoor dining and beverage service in accordance with the terms and conditions of this Agreement (the "License"). ARTICLE 2.0 TERM The term of this License Agreement shall commence on execution hereof and shall terminate on the 6 h day of March, 2004, unless earlier terminated in accordance with the provisions of Article 14.0 hereof. Unless the DDA has delivered to Licensees written notice to terminate this License Agreement at least thirty (30) days prior to the expiration of the original term or any renewed term hereunder, the Licensees shall have the right to renew this License Agreement for three additional one (1) year periods by giving the DDA written notice of their intent to renew this License Agreement at least sixty (60) days prior to the expiration of the applicable term as long as: (a) this License Agreement has not been terminated pursuant to Article 14.0 hereof; and (b) the Licensees have not been, and at the time of the renewal request are not, in violation of the terms of this License Agreement; and (c) Coopersmith continues to lease and occupy the Private Property for purposes of operating its current business. Any such renewal shall be generally on the same terms and conditions as this License Agreement, provided that the DDA reserves the right to evaluate the amount of the license consideration and to increase such consideration if, in the sole discretion of the DDA, it is in the public interest to do so. ARTICLE 3.0 LICENSE FEE During the first year of this License Agreement, Licensees shall pay a consideration of $928.80 (Nine hundred twenty eight dollars and 80 cents) or $1.08 (One Dollar and eight cents) per square foot of patio space. If the License is renewed as provided herein, the annual fee for each subsequent year shall be increased by four (4%) percent. ARTICLE 4.0 USE OF LICENSE PAYMENTS The DDA shall use payments received pursuant to this License Agreement for the purpose of providing enhanced maintenance of Old Town Plaza in whatever manner deemed most appropriate by the DDA Board of Directors in its sole discretion. ARTICLE 5.0 NOTICE AND PLACE OF PAYMENT Any notice, payment, or other communication given by any party hereto to any party relating to this Agreement shall be hand -delivered or sent by certified mail, return receipt requested, addressed to such other party at their respective addresses as set forth below; and such notice, payment, or other communication shall be deemed given when so hand -delivered or three (3) business days after so mailed: The Fort Collins, Downtown Development Authority ATTN: Executive Director19 Old Town Square, Suite 230 Fort Collins, CO 80524 With a copy to: Liley, Rogers, and Martell Attn: Lucia A. Liley 300 South Howes Street Fort Collins, CO 80524 and to the Licensees at the following addresses: Progressive Old Town Square Limited Liability Company c/o Old Town Square Properties ATTN: Brian T. Soukup 5 Old Town Square, Suite 216 Fort Collins, CO 80524 Coopersmith Brewing Co. ATTN: Scott Smith 5 Old Town Square Fort Collins, Co 80524 Any parry 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 parry in writing. ARTICLE 6.0 USE AND OPERATION OF LICENSED PREMISES 6.1 The Licensees warrant that they will use the Licensed Premises solely as a site for outdoor dining and beverage service in connection with the business currently operated by Coopersmith. The Licensees shall not use the Licensed Premises for any other purpose without the prior written approval of the DDA. 6.2 The Licensed Premises must be open to patrons of the establishment for food and beverage services during the normal hours of operation of the business, weather permitting. Food and beverage service must be made available to patrons who choose to sit on the patio; 6.3 Regardless of hours of operation of a particular business, the Licensed Premises must be fully set up including tables, chairs, open umbrellas (weather permitting), no later than noon and must remain open until dark. The only exception is for businesses that close after lunch and do not reopen until the following morning, in which case the Licensed Premises may be closed at 3:00 p.m.; 6.4 The Licensed Premises may not be used to store any equipment other than that necessary to serve food and beverage service thereon. No cooking equipment (including but not limited to ovens and food smokers) and no food preparation equipment may be kept on the Licensed Premises. If the Licensed Premises are not used during the winter months, patio equipment (including tables and chairs) shall not be stored thereon. 6.5 Excepting flower boxes, nothing may be attached to or hung from the railing enclosures without the written permission of the DDA. ARTICLE 7.0 MAINTENANCE The Licensees shall maintain the Licensed Premises and all improvements thereon in a clean, healthy, and safe condition and in a manner which will preserve the Licensed Premises and all improvements thereon in substantially the same condition as that existing at the time of installation of such improvements on the Licensed Premises. The Licensees shall perform any repairs to the Licensed Premises and all improvements thereon as may reasonably be necessary to ensure that they continue to be clean, safe and in keeping with the approved design therefor. The Licensees will repair any damages (including vandalism) to the Licensed Premises and all improvements thereon during the term of this License Agreement or any renewal thereof. The Licensees recognize that the use of the licensed premises will be more heavily utilized than the plaza which can affect its character and condition. Accordingly, the licensed premises shall be maintained on a more stringent basis to include daily sweeping of the patio and daily cleaning of all serving surfaces, monthly power washing or steam cleaning of the grounds, provision of ashtrays if smoking is permitted, routine cleaning and maintenance of flower boxes, flower pots including the removal of cigarette butts and all snow, trash and other debris, and regularly scheduled, maintenance, repair, cleaning and painting of fencing, railings, and all other patio improvements used in the licensed premises. ARTICLE 8.0 MODIFICATION OF LICENSED PREMISES If the Licensees wish to alter or otherwise modify the design of the Licensed Premises, including, but not limited to, the modification, removal or installation of any improvements or fixtures within the area of the Licensed Premises or within the airspace of the Licensed Premises, the Licensees shall obtain the prior written approval of the DDA and, if requested by the DDA, the approval of the Landmark Preservation Commission. Upon termination of this License Agreement, the Licensees shall promptly remove all improvements or fixtures within the Licensed Premises and restore the Licensed Premises to its original condition, all at the Licensees' sole expense. In the event that the improvements for the dining and beverage service patio are not removed and the Licensed Premises restored to its original condition as required in this License Agreement, the DDA, in addition to all other remedies available to it, may, at its sole option, revoke any other license agreements then existing between the DDA and Licensees affecting property within the Old Town Plaza. ARTICLE 9.0 GOVERNMENTAL REGULATIONS/COMPLIANCE WITH COVENANTS The Licensees shall comply with all rules and regulations of any city, county, state or other appropriate jurisdiction relating to their use of the Licensed Premises. Further, the Licensees shall at all times comply with the Declaration of Covenants, Conditions, Restrictions and Easements for the Old Town Project filed July 14, 1983 with the Clerk and Recorder of Larimer County, Colorado at Book 2226, Page 0762, Reception No. 516636. ARTICLE 10.0 INSURANCE During the term of this License Agreement or any extension thereof, the Licensees shall purchase and maintain general, liability coverage in connection with the Licensed Premises, including all improvements thereon, in amounts at least equal to the maximum amount of recovery against public entities and employees under the Colorado Governmental Immunity Act (C.R.S. S24-10-101 et. seq.) and any amendments to such limits which may from time to time be made. The DDA shall be named as an additional insured on all such policies. All insurance required hereunder shall be issued by an insurance company authorized to do business in Colorado which meets all of the requirements of the Division of Insurance for that purpose. On an annual basis, the Licensees shall provide to the DDA proof of insurance coverage required herein. ARTICLE 11.0 DISTURBANCE TO LICENSED PREMISES/INDEMNIFICATION The Licensees shall exercise their privileges hereunder at their own risk. The DDA shall not be liable to the Licensees if, for any reason whatsoever, the Licensees' occupancy or use of the Licensed Premises is hindered or disturbed, unless such hindrance or disturbance is directly or unlawfully caused by the DDA. The Licensees shall indemnify and hold the DDA harmless from and against any damage and against all liability for loss or expense (including attorney's fees) resulting from, arising out of, or in any way connected with the occupancy or use of the Licensed Premises by the Licensees, tenants, guests, or invitees of the Licensees. ARTICLE 12.0 NUISANCE The Licensees shall not use the Licensed Premises for any purposes other than those expressly stated herein and shall not perform, nor permit any of their tenants, guests, licensees or invitees to perform, any disorderly conduct or commit any nuisance on the Licensed Premises or use the Licensed Premises in any way which interferes with the general public's use of the surrounding common areas in Old Town Plaza owned by the DDA. ARTICLE 13.0 TAXES The Licensees agree to pay all taxes associated with the use and ownership of the Licensed Premises. ARTICLE 14.0 TERMINATION 14.1 The DDA may terminate this License Agreement at any time during an applicable term thereof by giving written notice of such termination at least six months days prior to the effective date of such termination. In the event that the effective date of the termination occurs during any twelve (12) month period for which the Licensees have paid, the DDA shall calculate the remaining months of the annual period and shall reimburse the Licensees for the consideration paid on a pro rated basis. 14.2 Notwithstanding the foregoing, the DDA may terminate this License Agreement at any time during the term thereof in the event of a default or breach of any condition or warranty of this License Agreement by giving the Licensees thirty (30) day's written notice of such default. If the Licensees have failed to cure such default within ten (10) days after notice thereof, or such longer period as may reasonably be required, given the nature of the default, (but in no event longer than thirty (30) days), then this License Agreement, at the option of the DDA, may be terminated, and the Licensees shall thereafter have no further rights hereunder. 14.3 In the event the Liquor Licensing Authority of the City of Fort Collins has found two or more liquor license violations against the Licensees in connection with the Licensed Premises within any six month period, the License shall , upon delivery of a written notice thereof to Licensees, be deemed to be revoked and Licensees shall thereupon cease all use of the Licensed Premises. The Licensees may appeal this decision to the DDA Board of Directors within 60 days of the postmark of any such revocation notice. 14.4 It is expressly acknowledged by the parties hereto that a default under this License Agreement shall include, but not be limited to, a termination of Coopersmith's lease with Progressive LLC or Coopersmith's failure in any way to occupy the Private Property or the Licensed Premises for purposes of operating its current business. 14.5 Upon termination of this License Agreement, the Licensee shall promptly remove all improvements and fixtures within the Licensed Premises, and restore the Licensed Premises to its original condition, all at the Licensees' sole expense. In the event that improvements for the dining and beverage service patio are not removed and the Licensed Premises restored to its original condition as required in this License Agreement, in addition to all other remedies provided herein, the DDA, at is sole option, may remove and restore the same and the full cost thereof shall constitute a lien on the Private Property and such lien may be foreclosed as provided by law for foreclosure of real estate mortgages. ARTICLE 15.0 ASSIGNMENT The Licensees' privileges hereunder shall not be assignable by the Licensees, in whole or in part, without obtaining the DDA's prior written approval. Article 16.0 ATTORNEYS' FEES AND COSTS In the event of a breach of this License Agreement by any of the parties, the non - breaching parties shall be entitled to recover their reasonable attorneys' fees and costs incurred in connection with the enforcement of this License Agreement. ARTICLE 17.0 APPLICABLE LAW This License Agreement shall be construed and interpreted in accordance with the laws of the State of Colorado, and the District Court of Larimer County, Colorado shall have sole jurisdiction in deciding disputes under the terms of this License Agreement. ARTICLE 18.0 BINDING AGREEMENT All of the covenants and conditions of this License Agreement shall be binding on the parties' hereto, their successors and assigns. ARTICLE 19.0 COVENANTS The provisions of this Agreement, and the burden and benefits herein, shall be covenants running with the Private Property during the terms of this License Agreement, or any renewal thereof and shall inure to the benefit thereof, and be binding upon, all future owners of the Private Property. ARTICLE 20.0 RECORDING This License Agreement shall be recorded in the office of the Clerk and Recorder of Larimer County, Colorado by the Licensees and at the Licensees' sole expense and shall constitute notice of this License Agreement to all persons or entities not parties hereto. DATED the date set forth above. Lo M. [-A STATE OF COLORADO ) ss. COUNTY OF LARIMER ) THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY, a body corporate and politic Larry Stroud, Chair PROGRESSIVE OLD TOWN SQUARE LIMITED LIABILITY COMPANY, a Colorado limited liability company Brian T. Soukup, Managing Member COOPERSMITH BREWING CO., a Colorado corporation Subscribed, sworn to and acknowledged before me this day of March, 2003, by Larry Stroud as Chair of The Fort Collins Downtown Development Authority. My Commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed, sworn to and acknowledged before me this _ day of March, 2003, by Brian T. Soukup as Managing Member of Progressive Old Town Square Limited Liability Company. My Commission expires: Notary Public STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) Subscribed, sworn to and acknowledged before me this day of March, 2003, by as of Coopersmith Brewing Co. My Commission expires: Notary Public DOWNTOWN DEVELOPMENT AUTHORITY TO: DDA Board of Di tors FROM: Chip Steiner DATE: March 4, 200 RE: Downtown Security Discussion This discussion was tabled from last month. One of the ongoing issues about downtown involves the level of security and police enforcement of liquor laws provided in the central business district. The Board has talked about this issue frequently and usually in the context of either forming a business improvement district or through an intergovernmental agreement with the City involving paying for capital improvements in return for enhanced police services. Financially, the latter approach is more feasible. A business improvement district is hampered by the amount of money it can generate. As the Board has seen earlier, it would require better than seven mills to fund the "enhanced maintenance" program as designed by the City (in addition to the seven mills, Old Town Square and the DDA would each need to contribute $60,000 annually). This does not leave any funds for security services. Consultants for the Downtown Strategic Plan have suggested that 1) the maintenance program as outlined by the City is too expensive and 2) that maintenance (and marketing) could be funded through a special assessment rather than a property tax. If this approach was to be used then a property tax could be used to pay for additional security. Bear in mind however, that one of the reasons the City and DDA have been examining enhanced maintenance is to remove the responsibility from the private sector. Furthermore, a property tax and a special assessment could really burden some downtown properties. Using tax increment funds to leverage increased police and security services is a more immediate and simpler solution than creating a BID. Tax increment dollars can be used to purchase equipment for the Police Department (as the consultants have suggested) or to pay for other capital improvements in return for an increase in dollars to the Police budget to pay for more downtown services. To be effective, tax increment dollars would have to be used in this manner for the next few years at least —at $200,000 per year we would be losing the ability to leverage $8 million in new downtown investment over a four-year period (the DDA should have around $1.5 million in excess tax increment funds available to it in 2003). 19 Old Tov Square • Suite 230 • Fort Collins, Colorado 80524 • tel: 970.484.2020 • fax: 970.484.2069 The Board needs to discuss the following issues: 1) whether or not to pursue a BID for purposes of funding enhanced maintenance and/or enhanced security services; 2) whether to use tax increment revenues to improve security services. DOWNTOWN DEVELOPMENT ddoAUTHORITY TO: DDA Board of ' ectors FROM: Chip Steiner DATE: March 4, 2003 RE: Resolution to Pay Balance of Linden Hotel Debt In 1994, the DDA borrowed $300,000 from the City's Street Oversizing Fund to fund its participation in the renovation of the Linden Hotel and the Salvation Army building (what it was referred to at the time) next to the Linden. The initial interest rate on the borrowing was 3.5 percent but it has since escalated to 5.5 percent. During the budget process last fall, the Board directed staff to retire the debt. Funds were appropriated to do this in 2003. The outstanding balance is around $100,000. The attached resolution authorizes retiring the debt and will serve as notification to the City that it can transfer the funds from the DDA to Street Oversizing Fund. 19 Old Town Square • Suite 230 • Fort Collins, Colorado 80524 tel: 970.484.2020 • fax: 970.484.2069 RESOLUTION 2003-04 OF THE BOARD OF DIRECTORS OF THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY AUTHORIZING THE RETIREMENT OF THE BORROWING FROM THE CITY OF FUNDS USED TO PARTICIPATE IN THE RENOVATION OF THE 11WO-11DQ31[IIIU040 WHEREAS, The Fort Collins Downtown Development Authority has been duly organized in accordance with CRS 31-25-801 et sec.. (the "DDA"); and, WHEREAS, in 1994, the City of Fort Collins loaned the Downtown Development Authority $300,000 to allow it to participate in the renovation of the Linden; and, WHEREAS, the Downtown Development Authority wishes to retire this debt in full; and, Whereas, the Downtown Development Authority included funds to retire this debt in its 2003 budget and the City Council of the City of Fort Collins has duly appropriated said funds NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY that it hereby authorizes the transfer of the balance of the obligation incurred by the borrowing from the City of funds to allow it to participate in the renovation of the Linden Hotel to the City of Fort Collins. The Board of Directors further resolves to express its sincere appreciation to the City of Fort Collins for its willingness to assist in the redevelopment of the Linden Hotel. Passed and adopted at a regular meeting of the Board of Directors of Fort Collins Downtown Development Authority this 6th day of March, 2003. US ATTEST: Jason Meadors, Secretary Larry Stroud, Chair DOWNTOWN DEVELOPMENT ddoAUTHORITY To: DDA Board of ctors FROM: Chip Steiner DATE: March 4, 200 RE: Cortina Project (Project at Howes and Canyon) Attached is a packet of information on the proposed mixed -use project to be located at the triangular corner of Howes Street and Canyon Avenue. In addition to the renderings, the packet includes a description of the building and materials to be used in its construction. The building will be 68,800 square feet (43,000 sf of residential and 25,800 sf of office/commercial space), will be 96 feet tall, and have underground parking. Taxable value of the completed project has been estimated by the County Assessor at $13,212,000 and would yield $205,650 annually in tax increment revenues. The DDA has been asked to secure an easement on the fagade of the building and to pay for a variety of improvements in the right-of-way. These costs, which are broken out in the attached packet, are estimated at $1,687,000. Almost half of this is to purchase the limestone rock and the labor to install it. The request to the DDA is greater than the 10-percent-of-project-cost standard typically used to arrive at the Authority's level of participation. On the basis of the estimated tax increment and a nine-year financing window (at 6% interest), the DDA could finance $1.4 million in improvements. The request is about 20 percent higher than can be directly financed with the increment generated by the project itself. An important issue to keep in mind is the DDA's commitment to return the performing arts/civic center project to the ballot. At its retreat last November, the Board made this project its highest priority. To assist the Board in its evaluation of the impact the Cortina project has on its longer term cashflow, five spreadsheets are attached. However, the bottom line is that the impact is minimal if the DDA cash funds the Cortina project. This occurs because we receive the increment from the project through 2011 without any corresponding increase in debt. The spreadsheets depict: 1. Existing conditions with no unknown projects being funded in 2004 and 2005. 1.0 Cash funding Cortina at the requested 1.678 million with no unknown projects funded in 2004 19 Old Town Square • Suite 230 • Fort Collins, Colorado 80524 • tel: 970.484.2020 • fax: 970.484.2069 1.1 Cash funding Cortina at $1.4 million (the amount supportable if the DDA were to finance its participation with the available tax increment the project generates). 1.2 Borrowing $1.678 million in 2005 and financing it through 2011. 1.3 Borrowing $1.4 million (the amount supportable by financing with the project's tax increment) in 2005 and financing it through 2011. Evaluation Since the DDA was created, downtown housing has been one of its primary objectives. Over the years the Authority has participated in a number of smaller projects including two affordable housing projects in partnership with the Fort Collins Housing Authority and two modest apartment projects (one behind the DMA Plaza and the other at the northwest corner of Olive and Remington Streets). The DDA can also anticipate being a partner in the New Empire Hotel and a housing proposal on the Poudre Creamery site at the corner of Pine and Jefferson. None of these projects are intended to serve the upper income bracket. Cortina will. Assuming it is successful, it will set a precedent that will encourage much more housing, to serve all income levels, in the central business district. Cortina, by its very quality will also set a standard for all types of future downtown projects. It will also anchor the Canyon Avenue corridor and encourage projects of similar quality to locate there. The project fits perfectly with the emerging recommendations of the Downtown Strategic Plan and can serve to verify the plan's legitimacy. For these reasons staff believes the DDA should extend full support to the proposal. The impact on the Authority's ability to fund a performing arts/civic center is not great. In fact, this project may indirectly influence a positive outcome for the center by demonstrating the viability of generating a close -in market. 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O a y� In a Cortina (A downtown development) ROW improvements and facade costing Water/Sewer $90,000 Storm Drain $45,000 Re -paving $60,000 CG&S $50,000 Landscape $32,000 Stone Material &Labor $705,000 Window & Door $260,000 Effus/Den shield system $365,000 Iron Canopies $80,000 Total $1,687,000 Tax Roles Lofts Property Taxes 9@$490,000 $38,700 2@ $300,000 $7,900 3@ $574,000 $15,110 3@ $505,000 $13,300 3@ $1,000,000 $26,400 Total $101,410 Office 25,800 sq.ft. $107,740 Total $107,740 Sum Total $209,150 Less Current Property tax $3,500 Net Increase Annual Taxes $205,650 Estimated project costing $1392129000 Cortina The project is located at the corner of Howes and Canyon in downtown Fort Collins. It is a mixed use development consisting of 25,800 square feet of office space and approximately 43,000 square feet of loft style living. The total building height is approximately ninety-six feet tall. Forty-one parking spaces have been provided in an underground parking area with an additional eight spaces provided as off street parking for "visiting" customers and guests. A small adjacent building to the main structure will be built to house heating and cooling gear for the office space in the main building. There is a small amount of office space located in this building. The first two floors of the building are office space. We are proposing a look very similar in style, quality and texture as to what is now the City of Fort Collins Modern Art Building. The exterior fkpade of these two levels is proposed to be actual limestone with a semi -honed finish. We have noted the radial pattern built into the stone around the radius top windows and would intend to match that pattern here. A certain amount of limestone lintel and corbel work will be featured on these levels as well. We are proposing to transition to the exterior fagade work of the upper loft levels by using a true limestone cornice to cap and finish these two levels below. We have projected iron canopies as covers for all exterior sidewalk door entrances. The exterior fagade of the lofts will consist of an Effus/Den shield system (stucco) which will enhance the charm and coloring of the building while providing a virtually maintenance and cost free exterior fagade. All railing systems for the loft decks are proposed to be a true solid stone shoe, balustrade and cap blending itself and integrating with the office levels. Roofing materials will consist of true multi -colored clay tiles most accurately represented by the tiles currently in use on the exterior fagade/parapet of the Old South College Gym at CSU. We believe this building, with its corresponding materials, projects an enduring and timeless style that will only enhance the overall potential of the city and possibly set the tone for new buildings proposed in the future. 'dMDOWNTOWN DEVELOPMENT AUTHORITY TO: DDA Board of Dir rs FROM: Chip Steiner DATE: March 3, 2003 RE: Mason Street Corridor Background. As the Board is aware, a significant part of the transportation tax that failed at the polls last November and that is to be placed on the ballot again next month includes funding for the proposed Mason Transportation Corridor. The plan proposes to convert Mason Street into a multi -modal transit corridor running from Harmony Road northward to Cherry Street. The street will continue to carry automobile traffic on those portions that currently accommodate it. However, the street will not be rebuilt to carry cars on the stretch from Drake Road to Laurel Street. That portion will carry only buses, the train, bicyclists and pedestrians. Much of the right-of-way for the corridor is owned by the Burlington Northern Santa Fe Railroad. The City owns the right-of-way as it passes through the central business district. Current Status. 1. The plan recommends that Mason and Howes be returned to two-way streets. 2. As a part of the process to implement the corridor, the City has been negotiating with the BNSF to lease portions of its ROW in those areas it does not own. The Railroad has been accommodating of the City's wishes in return for: a. Removing the asphalt that covers the ballast (the rocky aggregate that underlies the railroad ties) through the entire stretch of the central business district; b. Placing curbs I 1 feet to the east and eight feet to the west of the centerline of the railroad tracks; c. Excepting cross streets, erecting a six-foot high wrought -iron fence along the west side of the tracks from Laurel Street to Cherry Street; d. Limiting legal left turn movements from Mason Street onto east -west streets to Laurel, Mulberry, Mountain, LaPorte, and Cherry. Left turns will be illegal, east- or west -bound, at Myrtle, Magnolia, Olive, Oak, and Maple Streets. The City is to pay for and maintain these improvements. 19 Old Town Square • Suite 230 • Fort Collins, Colorado 80524 • tel: 970.484.2020 • fax: 970.484.2069 The intent of these proposals is 1) to increase safety by minimizing conflicts between trains and other forms of transportation, by limiting left turn movements and by preventing the crossing of Mason Street at any point except at intersections, and 2) to enhance the ease of track maintenance for the railroad and general street maintenance for the City. The corridor plan cites many benefits from this proposal including accessibility to businesses, improved BRT times (the bus schedule), less impact on on -street parking, and comparable auto, bike, and pedestrian operations. These benefits notwithstanding, the fence and exposed ballast are always referred by consultants and staff as "barriers." This proposal was presented to City Council February 11 and, according to City staff, it (Council) was "understanding" of the need to address the Railroad's safety and maintenance concerns. The DDA and DBA were first given an opportunity to view this proposal February 25 at which time one DDA Board member stated "this (proposal) is not acceptable." Some problems DDA staff has with the proposal: 1. We are doing everything possible to increase the pedestrian -friendliness of downtown. It is critical to understand that pedestrian -friendliness is one of the few "natural" assets downtown has as it competes with new developments to the south. The railroad is already a big negative in this respect. Adding a barrier down the middle of the street truly exacerbates the problem. And no matter how "pretty" it is, it clearly sends a message to stay away from the other side of the street. 2. A barrier of any kind will not prevent some people from trying to climb over it. It is entirely possible that a barrier could act as a trap and therefore increase the risk of accidents well beyond what exists under current circumstances. 3. Exposing the ballast may be intended to discourage people from walking or riding or driving across the tracks. People still will try and they will risk twisting ankles or falling because of it. 4. Both the exposed ballast and a barrier of any sort will act as tremendous trash catchers. Both will also be fertile ground for weeds to grow. 5. The dangerous problems the railroad presently poses for emergency vehicle crossings and the risk of a chemical spill caused by derailment are not in the slightest way mitigated by the addition of a barrier or exposed ballast. 6. The current danger to pedestrians and vehicles is minimal. How often do accidents occur? When they do occur, how often are they mid -block? 7. Three left turns in a seven -block stretch really creates significant circulation problems and confusion. It will force drivers to take long and very circuitous routes to reach a destination that is "just across the street." Furthermore, intersections where left turns are permitted will be overloaded with traffic (since the left turn choices are so limited they'll stack up at the only ones available) and therefore increase the danger of railroad -vehicle interaction. 8. The proposal suggests it is "in line" with the Downtown Strategic Plan. The conversion from one-way to two-way traffic on Mason and Howes is compatible. None of the rest of the proposal conforms to the objectives of the DSP. It limits east -west movements whereas the DSP is trying to encourage them. It exacerbates a pedestrian unfriendly environment where as the DSP is trying enhance the downtown pedestrian environment. It reduces access to business and it makes traffic circulation more confusing, especially to those people who do not visit downtown frequently. These are not objectives of the DSP. It is completely reasonable that the City would seek a deal with the railroad regarding the lease of its ROW in southern areas of the City. But it is not clear what the railroad is "giving" since, right now, it receives no revenue from the ROW anyway and because, most of the proposed "improvements" downtown will be paid for by the City. As it is stands, downtown loses. Transportation staff has suggested that completion of the corridor will bring thousands of new shoppers into downtown and therefore, downtown wins. DDA staff, however, does not think it will function like the 16t` Street Mall in Denver (the interaction between bus and pedestrian on the 160' Street Mall works well without any kind of barrier or obstruction whatever). It will take quite a few years for people to switch away from using their cars and even then the corridor will serve more as a "commuter" rail carrying workers to and from their homes, not as a shopping "circulator." It is not realistic to expect the corridor to dump thousands of new shoppers into the central business district. If it concurs with its analysis, staff is asking the Board for direction regarding how to address this proposal. It may actually be too late to do anything. DOWNTOWN DEVELOPMENT ddoAUTHORITY TO: DDA Board o ectors FROM: Chip Steiner DATE: March 4, 200 r---� RE: Interactive Play Area Lee Swanson will present the Board with the design for the proposed interactive play area to be installed in Old Town Square. The design has been approved by the Downtown Business Association and the Landmark Preservation Commission. 19 Old Town Square • Suite 230 • Fort Collins, Colorado 80524 • tel: 970.484.2020 • far: 970.484.2069 �� J DOWNTOWN DEVELOPMENT ddoAUTHORITY TO: DDA Board of Di ors FROM: Chip Steiner DATE: March 4, 2003 RE: North College and Riverside/Jefferson Improvements Project Attached is background information on proposed improvements to North College between Vine Street and Jefferson Street and improvements proposed for Riverside/Jefferson Street. No Board action is necessary. Related to this project, Art In Public Places is proposing to commission a gateway feature for North College Avenue. It will be approaching the DDA for both funding and representation on the committee to select an artist. 19 Old Town Square • Suite 230 1 Fort Collins, Colorado 80524 • tel: 970.484.2020 • fax: 970.484.2069