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HomeMy WebLinkAboutDowntown Development Authority - Minutes - 05/03/2001DOWNTOWN dda DEVELOPMENT AUTHORITY 19 OLD TOWN SQUARE, SUITE 230 Telephone (970) 484-2020 FORT COLLINS, CO 80524 Telefax (970) 484-2069 Mary Brayton, Chair 484-1401 (W) Chuck Wanner, Council Liaison 484-0810 (H) Anne Garrison, Staff Liaison 484-2020 (W) DOWNTOWN DEVELOPMENT AUTHORITY REGULAR DIRECTORS MEETING MINUTES OF MAY 3, 2001 REGULAR MEETING THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY MET IN REGULAR SESSION AT 7:30 A.M. ON MAY 3, 2001 IN THE CONFERENCE ROOM AT HOME STATE BANK, 303 EAST MOUNTAIN AVENUE. PRESENT THERE WERE PRESENT: MARY BRAYTON, CHAIR LARRY STROUD, VICE CHAIR JASON MEADORS, SECRETARY/TREASURER GREG BELCHER JOHN PITNER CHUCK WANNER RICK GOODALE CAREY HEWITT KIM JORDAN STAFF JAY HARDY, EXECUTIVE DIRECTOR ANNE GARRISON LUCIA ULEY. COUNSEL GUESTS JOHN FISCHBACH. MIKE POWERS, DAVID SHORT, ANGELA MILEWSKI CALL TO ORDER THE MEETING CAME TO ORDER AT 7.30 A.M. AND ROLL CALL WAS TAKEN. APPROVAL OF MR. MEAOORS MOVED TO ADOPT THE MINUTES OF APRIL 5, 2001 AS WRITTEN AND MINUTES MR. PTTNER SECONDED THE MOTION WHICH CARRIED UNANIMOUSLY. APPRECIATION AND MR. STROUD EXPRESSED THE BOARDS APPRECIATION FOR THE HARD WORK AND PRESENTATION COMMITMENT OF OUTGOING CHAIR, MARY BRAYTON. HE PRESENTED HER WITH AN ENGRAVED GAVEL AND SOUNDING BLOCK TO MARK HER TERM OF OFFICE, AND SERVICE TO THE DDA AND DOWNTOWN OVER THE PAST TWO YEARS, DOWNTOWN PLAY AREA THE PROPOSED SITE FOR THIS PROJECT IS SITUATED PARTLY WITHIN THE DDA BOUNDARIES AS WELL AS IN THE CT' RIGHT-OF-WAY. THE INFORMATION CONTMNED IN THF- BOARD PACKETS 15 COMPREHENSIVE. MR. HARDY ASKED THE BOARD TO DIRECT ITS ATTENTION AND DISCUSSION TO THE PROIECT'S CONCEPT AND LOCATION. AND TO LEAVE FUNDING ISSUES FOR A LATER TIME. 171 E DDA MINUTES PAGE 2 MR. SWANSON, WHO HAS SPENT 18 YEARS DOWNTOWN, SPOKE TO THE RECENT INFLUX OF BARS AND THE IMPACT OF THE BAR SCENE ON FAMILIES WHO VISIT THE SQUARE, AND THAT HE WOULD LIKE TO FIND WAYS TO ENCOURAGE THE RETURN TO A FAMILY EMPHASIS. INTERACTIVE ART ENCOURAGES THAT. THE SELECTED SITE IS NOT ONE WHICH SEES A GREAT DEAL OF ACTIVITY OTHER THAN WHEN THE SANTA HOUSE IS IN PLACE, AND THE SPACE IS RELATIVELY COMPACT. MR. STROUD NOTED THAT THE RENDERINGS INDICATE IT WOULD NOT INTERFERE WITH PEDESTRIAN FLOW, AND WOULD ATTRACT FAMILIES TO THE AREA. HE OBSERVED THAT THE AMERICAN DISABILITIES ACT WOULD PROBABLY PRECLUDE A SUNKEN PLAY AREA, AND M MAY ALSO PRESENT DRAINAGE PROBLEMS. IN ANSWER TO OTHER QUESTIONS, MR. SWANSON SAID THAT IF THE WORST SCENARIO OCCURRED AND IT PROVED NOT ACCEPTABLE, IT COULD EASILY BE REMOVED AND THE PAVERS REPLACED. ADDRESSING THE STREET SAFETY ISSUE, FENCING WOULD BE BETWEEN WALNUT STREET AND THE FLOWER GARDEN, AND WOULD BE APPROXIMATELY HIP HIGH. MIKE POWERS ADDRESSED THE LIABILITY ISSUE. HE SAID SUCH STRUCTURES CAN BE TERMED AN 'ATTRACTIVE NUISANCE.' THEY INVITE CHILDREN TO PLAY THERE AND WHEN PARENTS LEAVE THEY 00 IN THE STREET. HIS MAIN CONCERNS WERE THREEFOLD: MAINTENANCE * LIABILITY • LOCATION MS. BRAYTON INQUIRED IF ANOTHER LOCATION WITHIN THE SQUARE MIGHT BE MORE APPROPRIATE, SUCH AS ONE OF THE FLOWER BEDS LESS ACCESSIBLE TO THE STREET. MR. PITNER NOTED THAT THE SANTA HOUSE WHICH INVITES HUNDREDS OF CHILDREN IS THERE AT THE BUSIEST TIME OF THE YEAR, AND HAS BEEN FOR A LONG TIME, WITHOUT INCIDENT. MR. GOODALE IS SUPPORTIVE OF THE IDEA BUT FEELS THE MERCHANTS SHOULD ALSO CONTRIBUTE FUNDS TOWARD THE COST OF THE PLAY AREA, WHICH COULD THEN BE MATCHED. MR. BELCHER ASKED IF THE PEARL STREET MALL IN BOULDER, WHICH HAS A SIMILAR STRUCTURE HAS BEEN SUBJECT TO AFTER HOURS VANDALISM, YOUNG ADULT DRINKING AND POSSIBLE ACCIDENTS AS A RESULT. MS. JORDAN ASKED IF REMOVAL OF THE PLANTERS TO FREE UP MORE SQUARE FOOTAGE WAS A CONSIDERATION. MB. LILEY NOTED IT WOULD BE NECESSARY TO REVIEW DDA'B LIABILITY INSURANCE. THAT THE AUTHORITY COULD AGREE WITH OLD TOWN SQUARE PROPERTY MANAGEMENT TO MAINTAIN THE PLAY AREA, AS IT HAS DONE IN OTHER INSTANCES. MR. HARDY SUGGESTED THAT MR. SWANSON SELECT WHAT HE CONSIDERS THE BEST LOCATION, AND DEAL WITH THE ISSUES WHICH RELATE TO THE SPECIFIC AREA. MR. WANNER SUGGESTED THAT ART IN PUBLIC PLACES MAY LEND ASSISTANCE, AND THUS A REPAIR FUND COULD BE HANDLED THROUGH THIS ENTITY. OLD TOWN SQUARE PROPERTIES COULD SWEEP ROUND IT AND POWER WASH IT AS NEEDED, AND SHOULD THE MAINTENANCE ISSUES BECOME TOO HEAVY, IT MAY BE REASON TO REMOVE IT AT SOME POINT IN THE FUTURE, WHEN MR. SWANSON RETURNS TO THE BOARD, HE SHOULD HAVE ANSWERS CONCERNING MAINTENANCE, LIABILITY, LEVEL OF INVESTMENT BY OTHER MERCHANTS, AND DETERMINE WHAT IS THE WARRANTY FROM THE MANUFACTURER. COOPERSMTTH'S SILO A LETTER FROM OWNER, SCOTT SMITH, IS CONTAINED IN THE BOARD PACKETS. IN IT HE LICENSE AGREEMENT REQUESTS PERMISSION TO RENEW HIS OPTION AND CONTINUE THE LICENSE AGREEMENT ON THE SILO. WITHOUT ANY DISCUSSION, MR. WANNER MOVED TO APPROVE MR. SMITH'S REQUEST, THIS WAS SECONDED BY MR. MEADOERS AND CARRIED UNANIMOUSLY. 185 NORTH COLLEGE AT THE APRIL MEETING, THE BOARD DIRECTED STAFF TO MEET WITH THE BUILDING OWNER TO DISCUSS ISSUES WITH SIGNAGE, MR. HARDY REPORTED MEETING WITH BOTH THE OWNER AND TENANT. IT WAS OBVIOUS THE TENANT HAD NO KNOWLEDGE OF THE DDA OR ITS ROLE IN THE BUILDING. THE OWNER'S UNDERSTANDING OF THE AGREEMENT DID NOT INCLUDE 0 0 DDA MINUTES PAGE 3 SIGNAGE. HE WAS APOLOGETIC AND RECOGNIZED THE SIONAGE DIFFERED FROM THE RENDERING. HE REQUESTED THE BOARD IDENTIFY WHAT IS WRONG WITH THE CURRENT SIGNAGE AND WHAT DIRECTION NEEDS TO BE TAKEN TO REMEDY THE SITUATION. THE BOARD OFFERED THE FOLLOWING COMMENTS AND/OR QUESTIONS: • DOES THE OLD SIGN HAVE A SALVAGE VALUE " SIGN DOES NOT EXCEED THE PERMITTED SIZE, AND IT MAY BE THAT A LARGER SIGN COULD BE ALLOWED BECAUSE IT EXTENDS OVER TWO SPACES • SEVERAL FELT THE SIGN WAS UNATTRACTIVE AND DDA SHOULD OFFER THE: OWNER ASSISTANCE IN RESOLVING THE ISSUE • REFERENCING THE SIZE OF THE ACE HARDWARE SIGN, IT WAS OBSERVED THAT WHAT THEY DID WAS IN COMPUANCE WITH THE BOARD APPROVED RENDERING. • SUGGEST THE MARQUIS BE REMOVED AND THE COLOR OF THE SIGN BE CHANGED • START OVER AND MAKE A CHANGE TO SOMETHING MORE IN KEEPING WITH DOWNTOWN " CAN WE DO ANYTHING TO IMPROVE THE OVERALL LOOK OF THE BUILDING - AN AWNING? MR. PITNER MOVED THAT THE MARQUIS BE REMOVED AT ONCE, AND THE OWNER GIVEN A PERIOD OF UP TO TWO YEARS TO DETERMINE A NEW DESIGN. MR. GDODALEI SECONDED THE MOTION. COUNSEL SUGGESTED THAT FOR FUTURE FACADES, DDA REQUIRE THE SIGNAGE CASINO BE ADDED DURING THE BUILDING PROCESS. MS. LJLEY CHARGED THE BOARD TO THINK CAREFULLY ABOUT OFFERING TO PAY EVEN PART OF THE COST OF A NEW SIGN, IN THAT DDA COULD BE SETTING A DANGEROUS LEGAL PRECEDENT. WE HAVE THIRTY FIVE SIGNS, ALL OF WHICH CARRY THE SAME LEGAL LANGUAGE IN THEIR AGREEMENTS. MS. LILEY DOES NOT FEEL THEREFORE THAT THIS IS A LEGAL ISSUE, THE AGREEMENT CAN CERTAINLY BE ENFORCED. THE FAIRNESS QUESTION MAY ARISE, BUT IF THE BOARD TAKES THE POSITION THAT THE 'LANGUAGE' IS LACKING IN SOME WAY, THERE ARE THIRTY FIVE OTHER BUILDINGS THAT CAN ALL MAKE THE SAME CASE AND SAY TO YOU, "I WANT TO CHANGE MY SIGN, AND I WANT YOU TO PAY FOR IT." MR. MEADORS OFFERED A FRIENDLY AMENDMENT THAT WOULD FALL SOMEWHERE BETWEEN TAKING THE MARQUIS DOWN AND ALLOWING TWO YEARS FOR THE RE -DESIGN. COULD WE NOT DIRECT STAFF TO NEGOTIATE A RESOLUTION OF THE DESIGN, FAILING THOSE NEGOTIATIONS, ALLOW THEM TWO YEARS TO REDESIGN. SOME GENERAL DISCUSSION FOLLOWED AFTER WHICH MR. PITNER WITHDREW HIS MOTION. MR. HEWITT MOVED THAT WE REQUEST JOHNNY'S PLACE TO REMOVE THE MARQUIS. THE MOTION FAILED FOR LACK OF A SECOND. MR. BELCHER SUGGESTED THAT THE BOARD OBTAIN THE FINANCIAL DATA NECESSARY TO MAKE A FAIR DECISION, ASCERTAIN WHAT HAS BEEN EXPENDED THUS FAR, THEN ENGAGE IN NEGOTIATIONS WITH THE OWNER AND PURSUE IT THROUGH THOSE CHANNELS. MR. HARDY COULD RETURN TO THE BOARD WITH THIS INFORMATION AT WHICH POINT IT COULD BE DETERMINED WHAT SHOULD Be DONE TO REMEDY THE SITUATION. MR. STROUD OFFERED HIS OPINION THAT THE MARQUIS BE REMOVED WITHOUT COMPENSATION. MR. MEADORS THEN MOVED THAT STAFF ENTER INTO NEGOTIATIONS WITH THE OWNER OF THE BUILDING REGARDING THE REMOVAL AND REPLACEMENT OF ALL SIGNAGE AND REPLACE IT WITH ONE WHICH IS CONSISTENT WITH THE APPEARANCE AND CHARACTER OF THE BUILDING AND THE ORIGINAL AGREEMENT. STAFF TO REPORT BACK TO BOARD AT THE NEXT MEETING. THIS WAS SECONDED BY MR. BELCHER. MS. LILEY EXPRESSED CONCERN OVER ENFORCING THE REMOVAL OF THE NAME PORTION OF THE SIGN. WHILE IT 19 TRUE THE AGREEMENT CLEARLY INSTRUCTS THE OWNER TO RETURN TO THE BOARD FOR ANY CHANGES MADE TO THE FACADE, THE MARQUIS IS ONE ISSUE, THE NAME IS YET ANOTHER. MR. GOODALE NOTED THAT IN THIS CASE A MOTION WAS NOT REQUIRED. THE BOARD SIMPLY NEEDS TO DIRECT MR. HARDY TO ENTER INTO A DIALOG WITH THE OWNER AND RETURN TO THE BOARD IN A MONTH. IF THE BOARD DOES NOT MAKE A DECISION, AT THIS JUNCTURE, THEN IT WILL NOT HAVE TO CHANGE ITS MIND IF INFORMATION THAT IS FORTHCOMING WARRANTS IT. DDA MINUTES PAGE 4 THEREFORE, MR. GOODN E MOVED TO TABLE THE ISSUE UNTIL THE DDA BOARD MEETS NEXT MONTH. IN THE MEANTIME, MR. HARDY IS DIRECTED TO MEET WITH THE OWNER AND ENCOURAGE HIM TO PRESENT AN ALTERNATIVE PROPOSAL TO THE PRESENT SIGNAGE. MS. JORDAN SECONDED THE MOTION WHICH CARRIED UNANIMOUSLY. ELECTION OF OFFICERS THE DOWNTOWN DEVELOPMENT AUTHORITY'S BYLAWS REQUIRE THAT DDA ELECTS OFFICERS FOR A TWO YEAR TERM IN MAY, TO TAKE UP THEIR POSITION IN JUNE. MS. BRAYTON THANKED THE NOMINATING COMMITTEE COMPRISED OF MR. GOODALE AND MS. JORDAN FOR THEIR WORK. A SLATE OF OFFICERS WAS THEN PRESENTED TO THE BOARD FOR ITS CONSIDERATION AS FOLLOWS: LARRY STROUD - CHAIR Kim JORDAN - VICE CHAIR JASON MEADORS - SECRETARY/IREASURER MS. BRAYTON MOVED THAT THE BOARD APPROVE THE SLATE, AS PROPOSED. MS. BRAYTON THEN ASKED IF THERE WERE ANY OTHER NOMINATIONS, AND HEARING NONE, NOMINATIONS WERE CLOSED. THE MOTION ON THE FLOOR WAS TO APPROVE THE SLATE AS PRESENTED, AND THE VOTE CARRIED UNANIMOUSLY. ADJOURN THERE BEING NO FURTHER DISCUSSION, THE MEETING ADJOURNED AT 9:05 A.M. JASON MEADORS, SECRETARY MOWNTOWN • DEVELOPMENT AUTHORITY 19 OLD TOWN SQUARE, SUITE 230 Telephone (970) 484-2020 FORT COLLINS, CO 80524 Telefax (970) 484-2069 To: DDA Board of Directors From: Jay Hardy w� Date: June 7, 200 (J RE: 185 N. College Facade Signage During the regular DDA Board meeting held on May 3, 2001 the Board discussed the sign on the north fiicade of the building located at 185 N. College Avenue. The DDA Board directed staff to meet with the property owner to discuss the current situation and explain the Board's desire to remove the sign and present a new design. In the course of conversation with the property owner, Mack Anderson, he requested that a rendering reflecting changes to the current sign first be presented to the Board for consideration. This may preclude the owner and tenant from completely starting over, unless more drastic changes are needed. Included in your packet is a letter from Mr. Anderson requesting permission to present an `altered design' at our July meeting, which is more in line with the signage originally approved by the Board. DESIGN and DEVELOPMENT I June 5, 2001 Jay Hardy Downtown Development Authority 19 Old Town Square #230 Fort Collins, Co. 80524 Re: Signage 185 N. College Dear Jay: I ain writing this letter to confirm that during the last few weeks you have conveyed to me and the owner of Johnny's Place that the board of the DDA is not pleased with the sign that Johnny's placed on the side of our building, I now realize that we should have presented the drawing to the board before the sign went up. At the time I was not aware that signage was considered a part of the fagadc of the building. We felt that if we were following all the regulations of the city we would be complying with any requirements the DDA might have. At any rate, J very much appreciate the financial help the DDA gave us during the construction of the building and want to oo-operate with the board in finding a design that the board feels is more closely aligned with the original architectural conceptual drawing of 185 N. College, Richard Ross, The owner of )ohtuty's, and I will be working together during dte next few weeks to prepare changes to the signage that we hope die board will fool more closely fits their requirements. We plan to have those changes or options ready to present to the board during their July mccting. We would certainly appreciate any input you or the board can give us as to what you are looking for, but we will keep in mind the original drawing as a guideline. Sincerely`, ' �Anderson G�r Manager, 13cattooth Properties, LLC lacpuie Anderson (303) 697-SS24 Mack Andersc POWNTOWN UMDEVELOPMENT AUTHORITY 19 OLD TOWN SQUARE, SUITE 230 Telephone (970) 484-202G FORT COLLINS, CO 80524 Telelax (970) 484-20M To: DDA Board of Directors From: Jay Hard,,r Date: June RE: Poudre River Enhancement Project The City of Fort Collins will be presenting a proposal for funding, involving projects outlined in the Downtown River Corridor Implementation Program (DRCIP) adopted by City Council in July 2000. The request from the City is for $60,000 in matching funds for the second phase of this enhancement, which consists of Project Design for the stretch of the river between Linden Street and Lincoln Avenue. The proposed project will begin work in the following three identified areas: 1. Bank Stabilization (I' Priority, DRCIP) 2. Poudre River Habitat Restoration (I" Priority, DRCIP) 3. Poudre River Trail Amenities (2nd Priority, DRCIP) Total costs of this phase of the project are estimated at $120,000, and as outlined in the packet, a team of Ayres Associates and EDAW would complete the design work. This phase is scheduled for completion in December 2001. This project would serve as the first within the proposed `matching grant' program the Board endorsed as part of the spending options related to the projected tax increment from the Mulberry/Lemay annexation. However, funds from the annexation will not be immediately available, as property taxes are paid in arrears. Due to this timing, a potential `cash -flow' problem exists in relation to projects looking for immediate funding. If the Board chooses to participate, two funding alternatives exist. First, the Board could elect to use funds from the administrative capital projects fimd. FY 2001 commitments to date for this fund are as follows: • 0 Beginning Fund Balance FY 2001 $132,500 FY 2001 Commitments to date: Riverfest sponsorship $3,500 Ace Hardware $23,871 Total Commitments $27,371 Funds available $105,129 Anticipated funding requests in 2001 Old Town Square Play Area Baptist Church renovation 334 Mountain Avenue facade Downtown Holiday Lights ($20,000 in FY 2000) Old Town Square Capital Improvements ($12,500 in FY 2000) A second financing vehicle available to the Board may be to borrow the money on a short-term basis (2-3 years) from the City of Fort Collins. This option has been discussed with John Fischbach, and he is willing to consider this as a viable method of financing. Logistically, this option seems to be the most effective avenue to allow for future anticipated funding requests later this year. MOWNTOWN � DEVELOPMENT AUTHORITY 19 OLD TOWN SQUARE, SUITE 230 Telephone (970) 484-2020 FORT COLLINS, CO 80524 Telefox (970) 484-2069 To: DDA Board of Directors From: Jay Hard Date: June 7, 20 I RE: Performing Arts Center/Downtown Library As you are no doubt aware, support for a November ballot issue is being solicited for the following projects: 1. Construction of a new Performing Arts Center on the south half of Block 31 (just south of the Justice Center) 2. New downtown Library (site not yet determined) 3. Museum renovation and expansion 4. Funding for the acquisition of land for a `southeast Fort Collins' future library branch 5. Funding for Colorado State partnership at Old Fort Collins High School Bruce Hendee, Co-chair of "Imagine Fort Collins", the volunteer group spearheading the ballot effort will be in attendance at our Board meeting to outline the current status of the issue, timeline, and cost of the proposed project. DOWNTOWN DEVELOPMENT AUTHORITY 19 OLD TOWN SQUARE, SUITE 230 Telephone (970) 484-2020 FORT COLLINS, CO 80524 Telefax (970) 484-2069 To: DDA Board of Directors From: Jay HardJJ4'1,� Date: June 7, 2001 0 RE: Future of the DDA Committee Update Earlier this year the Board requested periodic updates on the progress of the Future of the DDA Committee. In fact, the committee has not met since the last update, however, several events have occurred which warrant an update and the reconvening of the committee. We have been awaiting resolution of a tax increment related lawsuit in Broomfield for the past several months. The case went to the Supreme Court, and unfortunately did not answer all the questions our committee was hoping to resolve. In essence, nothing was settled in relation to the future ability to issue multi -year commitment, tax increment bonds. Additionally, during the past month, Fort Collins and Loveland sponsored a "Tax Increment Forum" which representatives from Fort Collins, Loveland, Greeley and Estes Park attended. All of these communities have an interest in the tax increment issues being resolved. During the meeting, a general direction was proposed for our Future of the DDA committee to discuss. As the committee begins to discuss this process, updates will be given to the DDA Board. It is anticipated the Future of the DDA Committee will bring some type of formal recommendation to the DDA Board of Directors before the end of 2001.