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HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 09/20/2005 - SECOND READING OF ORDINANCE NO. 099, 2005, EXPANDI ITEM NUMBER: 29 AGENDA ITEM SUMMARY DATE: September 20, 2005 FORT COLLINS CITY COUNCIL STAFF: Chip Steiner Chuck Seest SUBJECT Second Reading of Ordinance No. 099, 2005, Expanding the Boundaries of the Fort Collins, Colorado Downtown Development Authority and Amending the Plan of Development of the Authority. RECOMMENDATION Staff recommends adoption of the Ordinance on Second Reading. The Downtown Development Authority Board of Directors voted unanimously to recommend to City Council the annexation of certain properties along East Vine Drive at its regular meeting on April 7, 2005. EXECUTIVE SUMMARY This annexation would expand the boundaries of the Fort Collins Downtown Development Authority (DDA) District to include the following properties: 1. City of Fort Collins Transportation Services property (bounded by Linden Street on the West,Vine Drive on the North,Lemay Avenue on the East and by the New Belgium Brewing property on the south). 2. Platte Valley Lumber, Inc, 725 East Vine Drive. 3. The New Belgium Brewing property on the north side of Buckingham from Linden to Lemay. 4. 27.33 acres on the north side of East Vine Drive and directly east of the Platte Valley Lumber property,owned by Rocky Mountain Raptor Program. 5. An additional property owned by Judy Kolz (Buckeye Limited Liability) located on the south side of Buckingham Street just east of the Buckingham neighborhood. Ordinance No. 099,2005,was adopted 5-1 (Nays: Ohlson)on First Reading on September 6,2005. September 20, 2005 -2- Item No. 29 BACKGROUND The Rocky Mountain Raptor Program is seeking annexation of its property on East Vine Drive into the DDA district. The Rocky Mountain Raptor Program(RMRP)is currently housed with Colorado State University's School of Veterinary Science. Because of space constraints, it has been asked to find a new home. RMRP approached the Downtown Development Authority over a year ago about finding a location in the central business district. The DDA worked with RMRP's Executive Director and its real estate agent to identify a suitable location. At the same time, the idea of developing a science and nature museum began to emerge. The DDA strongly supported the concept since it fit well with its vision for a larger downtown cultural neighborhood. Through the offices of the National Association for Interpretation (NAI) other potential partners were identified. Early on this included the Discovery Science Center as well as the Audubon Society, Rocky Mountain Bird Observatory, and the Rocky Mountain Sustainability Association. The Discovery Science Center has since pursued another opportunity but the rest remain potential partners. The RMRP requires enough land to include its administrative offices,facilities to house raptors,and a hospital/rehabilitation center. With the possible addition of other partners, the need grew for a larger site. RMRP settled on the 27.33 acres on the north side of East Vine Drive because it was large enough to accommodate all possible users, it would allow for growth, and the price was extremely attractive. There were lengthy discussions with the DDA at the staff and Board levels about ways the Authority could facilitate the purchase. However,because the property was not within the DDA district it was impossible for it to invest in the acquisition. RMRP decided to buy the property on its own(New Belgium Brewing provided the earnest money funds through a grant to RMRP), with the intent of pursuing annexation and seeking DDA assistance at a later date. Since the time of that decision, RMRP and the DDA have been working on the annexation documents. Most of the documents were drafted prior to closing which accounts for the discrepancies in the materials provided to City Council on first reading. DDA staff was responsible and it apologizes for not ensuring the materials were updated prior to inclusion in Council packets. Although the annexation could be accomplished without the inclusion of Platte Valley Lumber,the City's Transportation Services property, and the balance of the New Belgium property, they were included because: 1. Platte Valley Lumber requested inclusion; 2. New Belgium suggested its property be included since the DDA would be able to capture any tax increment generated by growth in its production facilities (New Belgium's owner is the current Chair of the DDA. However,New Belgium has never requested,nor received, DDA financial participation in any of its development); September 20, 2005 -3- Item No. 29 3. If New Belgium properties were to be included it made sense to the DDA to fill in the "blank" between its property and the RMRP property by adding the City's Transportation Services land. It can be excluded without affecting the annexation request. The Buckeye Limited Liability property on the south side of Buckingham and across the street from New Belgium Brewing was added at the owner's request. The property is covered with hundreds of thousands of cubic feet of lime and soda ash—residue from pickle factories once located in that area of Fort Collins. The cost to clean up the site for redevelopment is prohibitive and DDA staff anticipates the Authority will be asked to participate financially(no requests have been made since there are currently no redevelopment plans for the site) in either cleanup or redevelopment at some point in the future. Analysis of Annexation From the perspective of the DDA, the addition of a science and nature museum to downtown fits well with its larger objective of a downtown cultural neighborhood. To help facilitate the project, the property needs to be within the DDA district. Therefore, the Board of Directors voted to recommend approval of the annexation request to City Council. The Board also understands that the requests for inclusion by Platte Valley Lumber and Buckeye Limited Liability are intended to position those properties for future DDA financial assistance. However, the Authority is aware of no development/redevelopment plans for either property. Including the New Belgium property was done at the suggestion of its owner. The DDA has never been asked to participate in the New Belgium brewery development in the past and it is not expecting a request for any expansion of the brewery. New Belgium has been considering a significant addition to the plant that would result in increased tax increment revenue to the DDA. However, the latest word is that the planned production facility will be located offsite and outside the DDA district. The only reason the City's Transportation Facilities property was included was because it was located between the New Belgium property and the RMRP property. Size of Annexation The DDA district without the RMRP(and the other four properties)annexation is 450 acres in size. The annexation is 109 acres. This is a 24 percent increase in the size of the district. The RMRP annexation request constitutes a significant increase to the size of the DDA tax increment district. The "Whereas" clause in ordinance No. 099, 2005 reads "none of the Amending Ordinances substantially expanded the size of the District..." It is in the past tense and refers to the previous "Whereas" clause that cites earlier annexations into the district. Financial Im act To the DDA: Properties within the DDA district are assessed five mills which is used by the Authority (in accordance with Colorado Statute) for administrative expenses. The mill levy was approved by qualified voters in the DDA district in 1981. Because it is a 501c3 corporation, the September 20, 2005 -4- Item No. 29 RMRP property will not be subject to this tax. Nor will the City property. If the annexation is approved, the DDA will realize the following revenues from the three taxable properties: 1. Buckeye Limited Liability taxable value of$42,570 x .005 = $212.85/year 2. New Belgium brewing taxable value of 174,000 x .005 = $870.00/year 3. Platte Valley Lumber taxable value of$457,770 x .005 = $2.288.85/vear Total increase in tax revenues to the DDA for administration: $3,371.70/year To the City: There is no financial impact to the City unless redevelopment occurs on any or all of the three taxable properties (i.e. Buckeye Limited Liability,New Belgium, Platte Valley Lumber) resulting in increased property value. For every $1,000,000 in increased taxable value, $9,797 in property taxes will be diverted to the DDA TIF fund for use to service debt. TIF funds are all spent within the municipality. To the County: There is no financial impact to the County unless redevelopment occurs on any or all of the three taxable properties (i.e. Buckeye Limited Liability, New Belgium, Platte Valley Lumber) resulting in increased property value. For every $1,000,000 in increased taxable value, $22,517 in property taxes will be diverted to the DDA TIF fund for use to service debt. TIF funds are all spent within the municipality. This means that, while the $22,517 must be spent within the DDA district, it is also being spent within the boundaries of the City of Fort Collins. To PR-I: There is no financial impact to the PR-1 school district unless redevelopment occurs on any or all of the three taxable properties(i.e.Buckeye Limited Liability,New Belgium,Platte Valley Lumber) resulting in increased property value. For every $1,000,000 in increased taxable value, $52,496 in property taxes will be diverted to the DDA TIF fund for use to service debt. TIF funds are all spent within the municipality. This means that, while the$52,496 must be spent within the DDA district, it is also being spent within the boundaries of the City of Fort Collins. The School District is on record in support of tax increment financing. The District collects more in tax revenues,which are sent to the State,than it receives back from the State. The School district argues that because TIF funds are spent in the local community it helps to increase properties values and therefore to increase school district revenues. Loss to the Citv City tax revenues are not affected by an annexation into the DDA District. Only when a property develops or redevelops so that there is added taxable value (and therefore an increase in property taxes)is there an impact on City revenues as noted above in the Financial Impact section. Whether or not there is development or redevelopment,the City continues to collect all increases in property taxes attributable to higher base values. Tax increment revenues that are diverted from the City's general fund for use to encourage redevelopment in the central business district are still being spent within the municipality and they are often used for capital improvements the City may otherwise have been obligated to pay for(for instance,$350,000 toward the Mulberry-Lemay intersection,$150,000 toward the Oak Street Plaza redevelopment,$200,000 toward the Downtown Strategic Plan, $200,000 toward the River District Infrastructure Plan,$150,000 toward technologically advanced parking enforcement equipment,$3.2 September 20, 2005 -5- Item No. 29 million for the Remington Street Parking Garage, and $3 million toward the Civic Center Parking Garage). Tax increment revenues diverted from the County and School District must also be spent within the central business district of the City of Fort Collins. These County and School District funds would not be available for expenditure within the municipality without the tax increment district. Annexation Criteria The DDA does not have set annexation criteria. It assumes that if a property seeks annexation into the district it wants to be in the district. It also understands that seeking annexation means there is an ulterior motive. Usually the ulterior motive is DDA financial participation in a development project. However, the Authority is under no obligation to agree to this before or after annexation and this is made clear to the petitioner(s) of the annexation request. In the case of the Rocky Mountain Raptor Program, the DDA intends to provide financial assistance. ATTACHMENTS 1. Area Map 2. Minutes of the June, 2005 and April, 2005 DDA Board Of Directors meetings 3. Resolution 2005-05 of the DDA Board of Directors recommending approval of the annexation request 4. Staff background memoranda to the DDA Board of Directors (2) for the meetings in June and April, 2005 5. Rocky Mountain Raptor Program Development Concept description ATTACHMENT CONIFER ST HEMLOCK ST Rocky Mtn Raptor Program z _ w w Platte Valley Lumber City Transportation Offices z a w s� c—..__ o OSWNp Pk _ -CAJETANST PR ST h m \O�,VNOR p0�� PASCAL ST MAIN ST 1 � �\ E VINE OR JtUEO ST LOPEZCT ELMS r v New Belgium Brewery ; i R DR i 4. 0 SYCAMORE ST 20 F CHERRY ST N o � New Belgium Brewery Owned o U MAPLE ST S i z 0 e 3 Buckeye Limited Liability LAPORTE AVE z Q ✓F� \ ELINCOLN AVE F T d,9�tiGr`rl 6 �Y =4 m NI MOUNTAIN AVE EMOUNTAIN AVE N ° RH W OAK ST - -E OAK ST '010- c 9 y W OLIVE ST ON < z EOUVE ST \ -' n a _.WMAGNOLIA ST m OU w E MAGNOLIA$T 2 K N O N to 3 `" ._7 O E MULBERRY S+ FRONTAGE RD W MULBERRY ST m rc to F FRONTAGE RD p r>j� W MYRTLE ST E MYRTLE ST w N w w �— m > U O O w OF O w N � W N J W LAUREL ST ....�.__..._� ELAUREL ST ELAUREL Sp r S w "4FF OLD MAIN OR E PLUM ST EAS"AL M9N 0 PENNOCK PL RD I� OJP LOCUST ST 2 K O O F F �3 E ELIZABETH ST Legend Downtown Development Authority BOUNDARY AREA Proposed Boundary Annexation Map CURRENT PROPOSED Parcels 1 inch equals 0.25 miles ATTACHMENT DOWNTOWN DEVELOPMENT AUTHORITY Regular Directors' Meeting Kim Jordan, Chair 221-0524 M Kurt Kastein,Council Liaison 223-0425 M Linda Gula, Staff Liaison 484-2020 M MINUTES of June 2,2005 REGULAR MEETING The Board of Directors of the Downtown Development Authority met in Regular Session at 7:30 a.m.on June 2,2005 in the Meeting Room at Home State Bank located at 303 East Mountain Avenue,Fort Collins,CO 80524. PRESENT Kim Jordan,Chair Jason Meadors,Secretary/Treasurer Jack Wolfe Larry Stroud Carey Hewitt Kurt Kastein George Brelig Bill Sears ABSENT Steve Taylor Lucia Liley(Counsel) STAFF Robert Steiner,Executive Director Linda Gula GUESTS Diane Jones,David Short,Alan Krcmarik,Mark Radke,Les Kaplan,Mike Jensen,Renee Wyndam, Blue Hovater,Basho Parks CALL TO Ms.Jordan called the meeting to order at 7:35 a.m. Roll call was taken. ORDER APPROVAL OF Mr.Wolfe moved to approve the minutes of May 5,2005.Seconded by MINUTES Mr.Meadors and passed unanimously. WELCOME Mr.Steiner welcomed new Boardmembers Kurt Kastein and George Brelig. RESOLUTION 2005-05 Mr.Steiner noted since the Board last considered this item,the annexation has been expanded to include all of the New Belgium property as well as another parcel owned by Buckeye,LLC(the same entity that owns the Vine Drive property). He went on to state the Rocky Mountain Raptor Program has closed on the property north of East Vine Drive. The Board needs to approve Resolution 2005-05 to proceed with the Vine Drive annexation. Ms.Jordan stated she would abstain from discussion and the vote since she is a landowner in the annexation. Mr. Hewitt moved to approve resolution 2005-05. Seconded by Mr. Stroud and passed 7-0(Ms.Jordan abstaining). INTERIM AGREEMENT OTS MAINTENANCE Mr.Steiner referred to the Interim Agreement included in the packet. The interim agreement is between the DDA, City,and Progressive Old Town Square. He stated the Agreement provides for the City to perform maintenance on the Plaza using funds provided by the City,DDA,and POTS. The interim agreement will govern maintenance of the Plaza until all of the other documents affected by this change have been revised(these include covenants,rules and regulations,and management of the Plaza).He stated the Board needs to authorize execution of the Agreement. Mr. Steiner noted there are three changes in language that have been requested by the City(Refer to Exhibit D—Scope of Services). Change I 1. "The maintenance of all improvements located in Old Town Plaza and the Rights-of-Way, including the following;" The City has asked that language be added that states that the work would be in conformance with the standards that the City uses on its own projects and programs. Change 2 1.1 Cleaning and maintenance of the fountain up to a maximum of Five Thousand Dollars($5000) and if such maintenance is estimated to exceed such sum,the DDA and the City shall discuss the sharing of costs therefore. Mr.Steiner stated the way it is written suggests that the City would do all capital repair up to$5000 and then after that they would come to the DDA.The City has asked that the $5000 threshold be reduced to zero until the actual renovation of the Plaza occurs. Change 3 Who pays for utilities on the Plaza. Mr.Steiner stated the utilities include lights and water. Mr.Steiner asked for authorization from the Board to make the changes to the Interim Agreement. Mr.Meadors moved to approve the Interim Agreement with the three changes noted by staff.Seconded by Mr.Stroud and passed unanimously. FINANCIAL UPDATE Mr.Alan Krcmarik distributed financial information to the Board for review. He asked that the Board look at the format and asked if there were any questions or suggestions. It was suggested that a comment column be added. Mr.Steiner stated that the information had been set up in a"checkbook"format that allows the Board to see what kind of money is available and it would also help determine when another bond issue is needed. BUILDING ON BASICS Mr.Mark Radke provided an update on the Building on Basics(BOB)Capital Improvements Sales Tax Renewal.He outlined the possible scenarios and stated he would be interested in any feedback. Ms.Diane Jones stated the City is trying to get a sense of what projects are of high priority in the community. She went on to note that the City has done this kind of financing for about 30 years for the City's capital projects. There is a 20 year capital inventory and there are a lot of capital needs.She stated this list will still have to be honed down(see attached list) Mr.Kasten stated he is interested in how the Cultural District Plan that the DDA is talking about may or may not merge with what could be done with BOB.He asked if it makes sense to save the City's resources on BOB and apply them in a year and half when the DDA is more firm about the kinds of things that they would like to see in the Cultural District. He suggested there may be some partnerships. There was discussion among Boardmembers concerning different projects and the possibility of different kinds of partnerships—public/private.Ms.Jordan suggested that the Museum/Discovery Center partnership that is just emerging may he tops on the DDA Board list. Mr.Sears suggested that the City needs to have a good idea of public perceptions. He stated packaging items for the voters can be key. Mr.Hewitt stated he thought it should go on the ballot for November and he thought 10 years is a good amount of time. He suggested that projects do have to be identified and some bundling of projects could occur. OTHER BUSINESS DDA Board/City Council Dinner-Ms.Linda Gula announced that the date being considered for the joint dinner with City Council is June 27 from 5:30 pm—7:30 pm.(Note:The meeting was held on June 28 in a Worksession with City Council.) Ms.Jordan commented that she was glad we have this meeting on the schedule. She stated for a long time the DDA's agenda has been to strengthen our connection with City Council and staff to know that we are all working together. Pinter Buildin¢Lease—Mr.Hewitt stated that Mr.Mike Jensen,who owns the Pimer Building,has a potential lease with the Purple Martini Bar. Mr.Hewitt stated there has been some discussion downtown about the appropriateness of having another bar downtown.He had asked Mike Jensen to come and talk about this project proposal. Mr.Mike Jensen,Fort Collins Real Estate,stated he is trying to be responsible and sensitive to the needs of downtown. He stated he has spent a good amount of time trying to attract a national retailer,but he has not been able to attract a national retailer at this time.Long term he believes there will be national retailers coming downtown but it could be five years. He went on to note he believes the Purple Martini use does not fall outside of the parameters of what downtown is about.He stated this is not just another watering hole—this is a high end martini lounge. Les Kaplan,downtown developer,stated he owns three buildings downtown and that owning property downtown carries with it a sense of stewardship and responsibility.He stated this use would have ramifications for the entire downtown and although this might be a convenient use at this time for this owner,it is not best for the long range vision downtown.He stated there is no way to guarantee that this will stay an upscale drinking tavern;it could in time degenerate to another one of the stops for young people who come downtown to drink.He stated he would like to urge the DDA to look at this very carefully.On the bigger picture,he stated he would encourage the DDA to do what they can do to try to play a bigger role in terms of the decisions that are made by the Liquor Licensing Authority. There was discussion among Boardmembers concerning problems attracting a national retailer;the balance of downtown businesses—restaurant/bars vs other types of business;concern about hours of operation and dead time during the day creating a less pedestrian friendly environment in that block;and the possibility of the business failing in the future and what that then happens in that space for future uses(student bar). Ms.Jordan suggested that we put the bigger picture discussion and what the DDA's role is in terns of trying to help steer the mix in downtown into a board meeting discussion for the future.She went on to state this project seems to be more informational than actionable. Mr.Stroud stated,at this point,he didn't think this Board has any kind of authority for use in spaces downtown. Mr.Hewitt stated he thought Mr.Kaplan's challenge to the DDA to affect the liquor licensing downtown is something we need to address and act on. UPDATES Mr.Steiner distributed a list of updates and asked if there were questions. ADJOURN There being no further business,the meeting adjourned 9:20 p.m. Jason Meadors,Secretary DOWNTOWN DEVELOPMENT AUTHORITY Regular Directors' Meeting Kim Jordan, Chair 221-0524 (W) Bill Bertschy, Council Liaison 484-8838 (W) Linda gala, Staff Liaison 484-2020 (W) MINUTES OF April 7,2005 REGULAR MEETING The Board of Directors of the Downtown Development Authority met in Regular Session at 7:30 a.m.on April 7,2005 in the Meeting Room at Home State Bank located at 303 East Mountain Avenue,Fort Collins,CO 80524. PRESENT Kim Jordan,Chair Steve Taylor,Vice Chair Jason Meadors,Secretary/Treasurer Mary Brayton Bill Sears Jack Wolfe Larry Stroud Carey Hewitt ABSENT Bill Bertschy STAFF Robert Steiner,Executive Director Linda Gula Lucia Liley,Counsel GUESTSDarin Atteberry,David short,Chuck Seest,Bud Frick,Judy Scherpelz,Mickey Willis, Dick and Dianne Rule CALL TO Ms.Jordan called the meeting to order at 7:35 a.m. Roll call was taken. ORDER APPROVAL OF Mr.Meadors moved to approve the minutes of February 3,2005.Seconded by MINUTES Mr.Stroud and passed unanimously. ALPERT BLDG REAR ELEVATION Mr.Steiner stated at its January Meeting the Board approved$37,000 for a fagade easement on the Alpert Building. The motion indicated that the Board would consider additional funding for the redevelopment of the rear fagade facing the alley. He stated that Bud Frick,the Trustee of the Alpert Building,has submitted designs and cost estimates for the rear fs;ade. The packet includes color renderings and a budget of$36,321. Staff is recommending$15,000. Mr.Frick stated costs were an issue because they had never intended to anything other than restore the east elevation. Adding balconies and making this area more pedestrian friendly have added significant costs. He stated he would like to get$31,000 from the DDA.Ms.Jordan stated that when the Board last saw this project there was some confusion about who owns the building. Mr.Frick stated the Trust owns the building.Ms.Brayton asked if this change would add to the increment value of the building. Mr.Steiner stated he didn't know what kind of value the County will assign.A discussion ensued among Boardmembers about alley improvements in general in the downtown area. Mr.Stroud stated he thought that the staff recommendation for funding seemed like a fair compromise and suggested to Mr.Frick that they could possibly look at some ways to savesomc money.Mr.Hewitt agreed and stated he did not think it was fair for the DDA to pay for 85%of this project.He went on to note that the back side of the building is very unattractiveand the balconies would add a nice dimension to that area. Mr.Hewitt moved to support up to$15,000 for this project.Seconded by Mr.Stroud and passed unanimously. SCIENCE&HERITAGE CENTER Mr.Steiner referred to the proposal from Rocky Mountain Raptor Program(RMRP)asking the DDA to purchase 33 acres of land on the north side of Vine Drive for the purpose of building a living science and cultural campus. In addition to RMRP,other participants include the Rocky Mountain Bird Observatory,Fort Collins Audubon,and possibly the Discovery Science Center.The National Association for Interpretation,which has experience with similar facilities will oversee the conceptual planning process. He noted one of the key proposal points is that the selling price is S 1.2 million gross with seller donation of$270,000,making the net$930,000. $150,000 at closing includes the $5,000 earnest money.The owner is willing to finance the balance at seven percent for 20 years with a 10-year balloon —no prepayment penalty. Mr. Steiner stated staff recommends Board approval based on the following: I. Property is annexed prior to closing. If this is not possible,a contract extension will be necessary. 2. Concept development and financial plan brought to the Board at its July,2005 meeting. If the Board's decision is to continue,staff will work out a refined schedule. 3. While the Authority has funds available to make the purchase outright by reallocating the monies currently designated for the Museum expansion,it also has cash available to buy on the basis of owner-carry. Either approach will require City Council action and therefore,the proposal is subject to Council approval. Such approval may also make necessary a contract extension. Ms.Judy Scherpelz,Executive Director for the Rocky Mountain Raptor Program,walked through a powerpoint presentation on the project. She outlined steps ahead as: Securing the property and annexing it into the DDA District; identifying partners,visiting other sites around the country(such as the Tucson Sonoran Desert Museum),and finally doing a strategic planning workshop with the players to develop a business plan. She noted that the positive aspects of the site as being: I)the reasonable price of the land;2)the proximity of the site to downtown;3)the fact that after the site is zoned out of the floodplain that the land value will increase significantly. There was general discussion among Boardmembers concerning the annexation issue,the floodplain issue,drainage, roads,and the tight timeline for the project. Mr.Stroud stated this is something that is within our mission and something that we should consider supporting financially,but he believes the Board should have a discussion about what the next step should be in terms of the increased value of the land.He went on to note that he really supports economic sustainability and he would never want to see the DDA put in a subordinated position on the land. He used the example of the Aquarium in Denver that didn't make it. Mr. Wolfe stated he had some similar concerns from the standpoint of the DDA's position long term as it relates to the property. He stated he was supportive of the concept but he thought there was enough uncertainty around it that it would be difficult for him to make a decision today. Mr. Hewitt asked if the DDA could or would be able to develop this land themselves. Mr.Steiner stated that theoretically we can but philosophically he was not sure what the Board would want to do. Ms. Brayton moved to recommend to City Council that the property for the living science and cultural campus and City Transportation Services property on Vine be annexed into the DDA District. Seconded by Mr.Sears and passed unanimously. Mr. Meadors moved to identify$5000 from sources other than DDA funds as earnest money for the purchase of the living science and cultural campus property. Seconded by Ms. Brayton and passed unanimously. DICKIDIANNE RULE HISTORIC PROPERTY Mr.Steiner stated that Dick and Dianne Rule own some historic property located just south of Harmony Road on Lemay Avenue. The Rocky Mountain Raptor Program(RMRP)had considered using the bam and house as part of the Science and Culture District being proposed for Vine Drive. Cost to move the buildings is estimated at$25,000. The City has suggested a number of locations when the buildings might be stored,the most convenient being at the Transportation Services property on Vine. Because the design process for the science and culture center has not even begun,the RMRP has recently expressed some reservation about using the buildings.Staff encouraged the Board to consider taking ownership of these buildings.Other than moving expenses,there is no cost to the Authority. Mr.Steiner went on to note that he had received a call from Crossroads Safe House which had been trying to acquire this property in the past and had asked where the DDA was in the process. They have identified a donor that will pay for the move.Mr.Steiner suggested to the Board that we let Crossroads have first shot at this property,but there may be complications.Dick and Dianne rule will address some of the timing issues. Mr.Steiner stated if Crossroads does not take these properties he thought the DDA could make use of these properties. Mr.Rule stated they need to have the buildings relocated between now and August 1,2005. He stated their biggest concern is identifying who the buildings are going to. He noted they really don't want to keep working with potential recipients and then come up against their deadline and be faced with no other option but to demolish the buildings. Mr.Hewitt questioned if the buildings are actually moveable. Mr.Rule said they are,but depending on where they go there may be some special issues. Ms.Jordan asked if the moving cost is in the neighborhood of$25,000. Mr.Rule stated$25,000 would be a minimum but it could go upwards of$50,000.Ms.Jordan stated if Crossroads is really a viable plan that we would not want to step in front of their efforts. Ms.Brayton moved to work with Crossroads Safehouse to find a location for the Rule property in the central business district for use by Crossroads Safehouse and if that fails,DDA would take the property and move it into the central business district for uses as yet to be determined.Seconded by Mr.Hewitt and passed unanimously. DOWNTOWN CULTURAL DISTRICT UPDATE Mr.Steiner stated the Board needed to identify a date and time for a special meeting to review the action plan draft for starting up and implementing the Downtown Cultural District.It was agreed that Linda Gula would email Boardmembers with potential dates and would then coordinate the date,time and place for the meeting. OTS AND ALLEY RENOVATION Mr.Steiner stated construction bidding closes April 14 for both Old Town Square and the alley renovation.The design consultant's estimates for the construction are still within the$1.8 million approved by the Board.However,staff is asking that this amount be increased to$2.4 million so that if the bids come in over the budgeted amount,construction startup will not be delayed. There was general board discussion about the possibility of phasing the Square renovation.A suggestion presented was the possibility of doing the alley projects this summer and then wait until fall to do the Square renovation.Mr.Steiner noted that once a contractor is on board we can ask what can be done by May 31. Mr.Taylor expressed concern about the work affecting businesses this summer. He suggested just doing some kind of landscaping to get through the summer.There were comments from Boardmembers about landscaping in Old Town Square and how that might be accomplished. Mr.Wolfe moved to approve increasing the bid amount up to$2.4 million.Seconded by Mr.Taylor and passed unanimously. IGA AND DBA AGREEMENTS Mr.Steiner stated that to perform the construction work on the alleys,the City and DDA need to enter into an Intergovernmental Agreement granting permission to each to access and construct improvements in the alleys and Old Town square.The draft agreement was included in the packet. Board action authorizing the Executive Director to sign the document is needed. Mr.Wolfe moved to authorize the Executive Director to sign the Intergovernmental Agreement subject to minor changes. Seconded by Mr.Meadors and passed unanimously. OTHER BUSINESS City Manager,Darin Atteberry,stated on behalf of the City he wanted to thank any of the Boardmenbers who had individually worked on the election issues.He thanked the Board for the Resolutions passed on the grocery tax appeal and the pavement management issue. Financial Consultant—Mr.Steiner stated he would like permission from the Board to hire a financial consultant to develop a financial business plan for the DDA. Mr. Hewitt moved to approve money not to exceed$5000 to hire a financial consultant to develop a financial business plan. Seconded by Mr.Stroud and passed unanimously. Brayton Insurance—Ms.Brayton announced that she and her husband had sold their interest in Brayton Insurance as of April 1,2005. Because she no longer owns a business in the DDA District,she will no longer be eligible to be on the DDA Board. She stated her time on the Board had been a highlight of her working life. Mr.Steiner stated she would sit on the Board until a replacement has been chosen. Bill Bertschy will also be going off the Board as of April 19,2005. City Council will be choosing replacements for both Board positions. Farmer's Market—Mr.Steiner stated the application submitted by CSU Extension(Roberta Tolan)to move the Farmer's Market to Mountain Avenue between College and Mason had been denied. It had been denied because the Police Department stated closing that street for 15 Saturdays in the summer would be an issue.He went on to note that Ms.Tolan and CSU Extension are appealing the decision. He stated the Appeal would be heard on Monday April 1 I at 11:30 a.m.He encouraged the Board to attend in support of the Appeal. ADJOURN There being no further business,the meeting adjourned at 9:25 a.m. Jason Meadors,Secretary ATTACHMENT RESOLUTION 2005-05 OF THE BOARD OF DIRECTORS OF THE FORT COLLINS DOWNTOWN DEVELOPMENT AUTHORITY RECOMMENDING TO THE FORT COLLINS CITY COUNCIL THAT THE BOUNDARIES OF THE DOWNTOWN DEVELOPMENT AUTHORITY BE AMENDED TO INCLUDE THE PROPERTIES AS DESCRIBED HEREIN WHEREAS, the Fort Collins Downtown Development Authority has been duly organized in accordance with the Colorado Revised Statutes 31-25-804, 1973 as amended; and, WHEREAS, Colorado Revised Statutes 31-25-822, allows for the inclusion of additional property subject to satisfactory petition to board of the authority and submittal of same to the governing body of the municipality; and, WHEREAS, a copy of the petition for annexation, the legal descriptions of the properties being petitioned for annexation and a map depicting same are attached hereto and are made a part of this resolution; and, WHEREAS, the Board of Directors of the Downtown Development Authority has duly considered and found satisfactory a petition submitted to it and signed by all the owners of all the properties herein described at its regularly convened meeting of June 2, 2005. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE DOWNTOWN DEVELOPMENT AUTHORITY, that it hereby recommends to the Fort Collins City Council that it approve the annexation of the described properties into the Downtown Development Authority district. Passed and adopted at a regular meeting of the Board of Directors of the Fort Collins, Downtown Development Authority this 2"d day of June, 2005. �,LILI ►V Kim Jordan, Chair ATTES Ja n Mea rs, Secre y/Treasurer ATTACHMENT 4 TO: DDA Board of Directors FROM: Chip Steiner DATE: May 31, 2005 RE: Resolution on Vine Drive Annexation To proceed with the Vine Drive annexation,the Board needs to approve the attached resolution that recommends the annexation to City Council. Since the Board last considered this item, the annexation has been expanded to include all of the New Belgium property as well as another parcel owned by Buckeye, LLC (the same entity that owns the Vine Drive property). The Rocky Mountain Raptor Program has closed on the property north of East Vine Drive. TO: DDA Board of Directors FROM: Chip Steiner DATE: April 4, 2005 RE: Living Science and Cultural Center Attached to this memorandum is a proposal from the Rocky Mountain Raptor Program (RMRP) asking the Downtown Development Authority to purchase 33 acres of land on the north side of Vine Drive for the purpose of building a living science and cultural campus. RMRP is currently affiliated with Colorado State University's Veterinary Teaching Hospital. The proposal's key points: 1. In addition to the RMRP, other participants include the Rocky Mountain Bird Observatory, Fort Collins Audubon, and possibly the Discovery Science Center. The National Association for Interpretation, which has experience with similar facilities, will oversee the conceptual planning process. 2. The DDA is to purchase the land. 3. A development program will be designed to accommodate the Science and Cultural campus on 15 acres of land. The remaining 18 acres will be used as financial leverage either through resale or through development and resale. The 18 acres are currently in a designated floodway but a City project is underway that will remove that designation and increase its value by a factor of five or six. 4. RMRP intends to be the lead development entity. 5. RMRP asks that if a development and financing plan for the project fails to meet the requirements of the DDA that the DDA would be free to sell the property subject to a RMRP right-of-first-refusal or through some other mechanism to regain control of the property. 6. Selling price is $1.2 million gross with a seller donation of$270,000 making the net $930,000. $150,000 at closing(includes $5,000 earnest money). Owner willing to finance the balance at seven percent for 20 years with a 10-year balloon. Staff has the following observations and comments: 1. Staff has been working with the proponents of the science and culture campus for months but it was not until very recently that land became available that could actually accommodate the vision. An attempt was made to put together a comprehensive development and financing plan but because of its complexity and the short window to secure the land DDA staff recommended that RMRP bring forward only the acquisition proposal. This would give all parties time to conceive a workable development plan. 2. While a site closer to the heart of downtown would have been preferable the proposed property works well and once annexed into the DDA district it frames in quite a bit of land with potential development value. 3. The concept is exciting and brings a very unique attraction close enough to the central business district that it should receive noticeable benefit(especially if the project is marketed along with the rest of the proposed downtown cultural district). 4. The price of the land is a pretty good deal. 5. The value of the land currently in,but soon to be removed from, the floodway has significant financial leveraging potential. 6. The involvement of the National Association for Interpretation lends viability to the project. Staff most significant concern lies in the chance that a tenable development deal cannot be struck. All the upfront financial risk is being borne by the DDA. There is no "partnership" among the non-profits as yet and while this may be doable it is not guaranteed. The financial viability of a science and cultural campus has not been proven. The capacity of any or all of the non-profits together to do a development project is not proven. In the end however, staff strongly supports this project. 1. Because of the future value of the land, staff does not believe the DDA will find itself holding this 33-acre parcel for long. 2. Although certain non-profits have been mentioned as partners there are many others that might fit the profile for a science and cultural campus. If one doesn't work there may be another to take its place. 3. This project would provide the DDA with a great opportunity to demonstrate what it means to do quality, timeless development. 4. The project provides the Authority with the opportunity to add a significant amount of property to the district. 5. The cost to get into ownership of the land is not unreasonable. 6. NAI's involvement brings an element of surety to the future success of the project. 7. Most importantly, the science and cultural campus concept fits perfectly into the Authority's plans for a larger downtown cultural district. It brings a unique and exciting learning experience that can be enjoyed by all children and adults. Staff recommends Board approval based on the following: 1. Property is annexed prior to closing. If this is not possible, a contract extension will be necessary. 2. Concept development and financial plan brought to the Board at its July, 2005 meeting. If the Board's decision is to continue, staff will work out a refined schedule. 3. While the Authority has funds available to make the purchase outright by reallocating the monies currently designated for the museum expansion, it also has cash available to buy on the basis of owner-carry. Either approach will require City Council action and therefore the proposal is subject to Council approval. Such approval may also make necessary a contract extension. ATTACHMENT Rocky Mountain Raptor Program Living Museum Potential Participants: Rocky Mountain Raptor Program—Principal owner of Vine Drive development area. National Association for Interpretation—Planning Partner Fort Collins Audubon Society—Potential Program Partner Rocky Mountain Bird Observatory—Potential Program Partner Rocky Mountain Sustainability Association - Potential Program Partner City of Fort Collins—Administration and Staff—Liaison with City Downtown Development Authority—Liaison with DDA Board of Directors Poudre School District— School Development Partner Paradigm Real Estate and Development—Development Partner Local Neighborhood Representatives—Liaison with surrounding community Other Partners to be identified through the planning process Project Description: Rocky Mountain Raptor Program has secured 27.5 acres on east Vine Drive between LeMay and College Avenues. They propose to develop a"living museum"with raptors as a central identity and program focus which interprets the rich natural and cultural heritage of the Fort Collins region. The intent is to develop an attraction of optimal economic value to downtown Fort Collins consistent with DDA's long-term vision for the community. It is intended that this project will encourage collaboration by many appropriate partners and entities within the community. The conceptual planning effort is being led by the National Association for Interpretation, leading experts in the design of visitor/nature/interpretive centers. The intent is to involve the leading designers in the country to develop a state-of-the-art model for interpretive centers nationwide. The primary audience for the facility will be the Fort Collins community. With a population base that is over 90 percent middle-income, well-educated Anglo, the facility can provide a place for family-oriented outings with an educational component that is usually well-received by this demographic. A pricing strategy that incorporates recognition of community members will be considered. The facility intends to make a particular effort to address the needs, interests, and concerns of the three neighborhoods nearby of lower economic income (Alta Vista, Buckingham, and Andersonville), with membership benefits tailored for their needs, and potential volunteer or employment opportunities specifically tailored to the young people of these neighborhoods. A secondary audience will be tourists to the Front Range. With significant promotional efforts and a reputation for excellence, the facility can come to be considered a destination point, drawing people to Fort Collins specifically for the purpose of visiting the facility. Once there, it is likely that these visitors will partake of the other attractions Fort Collins has to offer, particularly in its unique downtown area. Conversely, the already existing tourism potential of Fort Collins provides an existing market base to begin attracting visitors immediately to this facility. Given the current populations of Fort Collins (120,000) and Latimer County (over 250,000), and the popularity of other similar facilities, it is reasonable to expect an annual draw of approximately 100,000 visitors to the site after several years of operation (exclusive of special events). In the first three to five years, it is more reasonable to expect between 20,000 and 40,000 visitors annually at the facility, exclusive of special events. There are 4,000,000 Colorado residents in total. As visitation grows, expansion of parking and building facilities can occur as needed. The RMRP is currently in the conceptual planning stages for the facility. Thus, details about building size and placement, costs, etc., and as yet unknown. The following is a general description of some of the elements that are anticipated to be included in the project. The Rocky Mountain Raptor Center will provide a place for people to interact with their environment in new ways. Most first-time visitors will learn of the center through its website or printed publications at area hotels. Visitors will have the option of visiting the picnic area and entry plaza with access to the center's thematic playscape, restrooms, gift shop and snack bar without paying a fee. After hours, this area will be gated at the entry feature and closed to public access. On the plaza, visitors can interact with volunteer interpreters and educational raptors undergoing acclimatization to humans. A distant view into the site's prairie dog town from the plaza will entice entry into the facility. Entry fees will be paid in the lobby to allow further access into the building and site. Once inside the building, visitors find the freedom and spaciousness associated with birds of prey reflected in the architecture with a cathedral ceiling over the public spaces in this otherwise two-story building. Visitors will head into an exhibit area that helps them understand the purpose of the facility and how people can interact with their environment in sustainable ways, using raptors in Colorado ecosystems as the primary vehicle to explain biological concepts. Exhibits will be interactive and directed to a family audience, with elements that appeal to a variety of learning styles and ages. Due to the anticipated repeat visitation, exhibits will have changeable components built into the design to keep visitors interested in new ideas with each visit. From the exhibit area, visitors can either sit for a while in the observation room to view the backyard habitat and water feature or they can head out to the trail system, crossing a water feature and backyard habitat exhibit to find themselves at the prairie dog town they glimpsed earlier from the plaza. The universally accessible trail system will include an outer trail, an inner trail, and connecting trails between the two. The outer trail system circumnavigates a series of ecosystem exhibits, each of which has associated three-dimensional wayside exhibits, landscaping, sculptures of large animals, and small live animals (including appropriate raptors) associated with that ecosystem. A covered, but open-walled outdoor classroom will be associated with each ecosystem zone along the outer trail to allow teachers or site interpreters to conduct programs without blocking passage along the trail. The inner trail will serve as the perimeter of a plaza and amphitheatre designed for small special events or programs. Low-wall seating and shade will also encourage visitors to simply sit within the ring of ecosystem exhibits and appreciate the park-like atmosphere of the site. Connector trails provide a way for visitors to create shortcuts through the trail system so that they can manage their time according to their interest level and physical abilities. On their return, visitors may want to visit the observation room to look up something they've seen in the reference books provided on a small bookcase or to rest for a while on a comfortable chair or sofa while listening to the audio coming from the microphones placed outside in the backyard habitat feeding area. If they don't have time to sit and relax, they may want to wander on through the remaining interior exhibits, which include a view into the treatment room where they may see staff handling birds and learn more about the research and rehabilitation functions of the site. A donation area will enable visitors to contribute to the center after they've learned more about the good work performed there. Visitors will exit through the gift shop, where they have the opportunity to purchase thematic items that reinforce the central message of the site. ORDINANCE NO. 099, 2005 OF THE COUNCIL OF THE CITY OF FORT COLLINS EXPANDING THE BOUNDARIES OF THE FORT COLLINS, COLORADO DOWNTOWN DEVELOPMENT AUTHORITY AND AMENDING THE PLAN OF DEVELOPMENT OF THE AUTHORITY WHEREAS, on April 21, 1981, the Council of the City of Fort Collins adopted Ordinance No.46, 1981,creating a Downtown Development Authority(the"Authority") and establishing the boundaries of the Downtown Development District(the "District'); and WHEREAS, on September 8, 1981, by Resolution 81-129, the City Council approved the Fort Collins Downtown Development Authority Plan of Development(the"Plan of Development'), which also describes the boundaries of the District; and WHEREAS,under Section 31-25-822,C.R.S.,subsequent to the organization of downtown development authority,additional property may be included in the district of the authority,pursuant to a petition signed by the owner or owners in fee of each parcel of land adjacent to the existing district sought to be included; and WHEREAS, if the board of directors of the Authority approves said application,the board of directors is to then submit the application to the governing body of the municipality in which the district is contained and, if the governing body also approves the application, it is to amend the ordinance creating the Authority so as to include the additional property as described in the petition; and WHEREAS, under Section 31-25-807(c), the Council must hold a public hearing on any substantial modification of an approved plan of development after public notice as prescribed in said statute; and WHEREAS,the City Council has, on six previous occasions,amended Ordinance No. 046, 1981, by adopting Ordinances No. 162, 1981, No. 002, 1982, No. 002, 1993, No. 199, 1998, No. 148, 2000,No. 038, 2004, and No. 067, 2004 (the "Amending Ordinances"); and WHEREAS, the Board of Directors of the Authority (the "Board") has received a petition to include in the District the following properties: 1. City of Fort Collins Transportation Services property (bounded by Linden Street on the West,Vine Drive on the North,Lemay Avenue on the East and by the New Belgium Brewing property on the south). 2. Platte Valley Lumber, Inc, 725 East Vine Drive. 3. The New Belgium Brewing property on the north side of Buckingham from Linden to Lemay. 4. 27.33 acres on the north side of East Vine Drive and directly east of the Platte Valley Lumber property,owned by Rocky Mountain Raptor Program. 5. An additional property owned by Judy Kolz (Buckeye Limited Liability) located on the south side of Buckingham Street just east of the Buckingham neighborhood. which properties are described on Exhibits"A"through"E"attached hereto and incorporated herein by this reference; and WHEREAS, the Board has determined that the addition of the foregoing properties would further the objectives and purposes of the District as contained in the Plan of Development and has, by Resolution 2005-05, recommended approval of said annexation petition by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby approves the inclusion of the following properties into the boundaries of the District and finds that such inclusion is in the best interests of the City and will not substantially modify the Plan of Development: 1. City of Fort Collins Transportation Services property (bounded by Linden Street on the West,Vine Drive on the North,Lemay Avenue on the East and by the New Belgium Brewing property on the south). 2. Platte Valley Lumber, Inc, 725 East Vine Drive. 3. The New Belgium Brewing property on the north side of Buckingham from Linden to Lemay. 4. 27.33 acres on the north side of East Vine Drive and directly east of the Platte Valley Lumber property,owned by Rocky Mountain Raptor Program. 5. An additional property owned by Judy Kolz (Buckeye Limited Liability) located on the south side of Buckingham Street just east of the Buckingham neighborhood. Section 2. That Section 3 of Ordinance No. 046, 1981 (as amended by the Amending Ordinances)be, and hereby is, further amended by deleting the legal description contained therein, which description establishes the boundaries of the District, and by substituting the following therefore: BEGINNING AT THE CENTER OF INTERSECTION OF COLLEGE AVENUE AND LAUREL STREET; THENCE WESTERLY TO THE INTERSECTION OF THE CENTERLINE OF LAUREL STREET WITH THE CENTERLINE OF THE ALLEY IN BLOCK 116 EXTENDED; THENCE NORTHERLY ALONG THE CENTERLINE OF THE ALLEYS IN BLOCKS 116 AND 115 TO THE CENTER OF MULBERRY STREET;THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND HOWES STREET; THENCE NORTHERLY TO THE INTERSECTION OF HOWES STREET AND MAGNOLIA STREET;THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET AND MELDRUM STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MELDRUM STREET AND MULBERRY STREET; THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MULBERRY STREET AND WHITCOMB STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF WHITCOMB STREET AND MAGNOLIA STREET;THENCE EASTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF MAGNOLIA STREET, SHERWOOD STREET, AND CANYON AVENUE;THENCE NORTHEASTERLY ALONG THE CENTERLINE OF CANYON AVENUE TO THE INTERSECTION OF SAID CENTERLINE AND THE LOT LINE BETWEEN LOT 5 AND LOT 6 OF BLOCK 83 EXTENDED; THENCE NORTHWESTERLY ALONG SAID LOT LINE 123.1 FEET;THENCE NORTHWESTERLY 86 FEET TO A POINT 50 FEET EASTERLY FROM THE NORTHWEST CORNER OF BLOCK 83; THENCE NORTHERLY 50 FEET TO THE CENTERLINE OF OLIVE STREET; THENCE EASTERLY TO THE INTERSECTION OF THE CENTERLINE OF OLIVE STREET, AND THE EXTENSION OF CENTERLINE OF ALLEY IN BLOCK 82; THENCE NORTHERLY ALONG ALLEY CENTERLINES THROUGH BLOCKS 82,81,TO THE CENTERLINE OF MOUNTAIN AVENUE;THENCE WESTERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF SAID CENTERLINE AND CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ALONG SAID CENTERLINE TO THE INTERSECTION OF A LINE 1-1/2 FEET NORTH OF THE NORTH LINE OF LOT 14, BLOCK 51 AND THE CENTERLINE OF SHERWOOD STREET; THENCE EASTERLY ALONG LINE 1-1/2 FEET NORTH OF SAID LOT 14 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 51; THHNCE SOUTHERLY TO THE INTERSECTION OF ALLEY CENTERLINE AND NORTH LOT LINE OF LOT 5, BLOCK 51 EXTENDED; THENCE EASTERLY ALONG SAID LOT LINE TO THE CENTERLINE OF MELDRUM STREET;THENCE NORTHERLY ALONG SAID CENTERLINE TO THE SOUTHERLY RIGHT-OF-WAY LINE OF THE COLOR-ADO AND SOUTHERN RAILROAD; THENCE NORTHWESTERLY,' ALONG SAID RIGHT-OF-WAY LINE,TO THE CENTERLINE OF SHERWOOD STREET; THENCE NORTHERLY ON SAID CENTERLINE TO THE INTERSECTION OF ELM STREET AND SHERWOOD STREET; THENCE 3 EASTERLY ALONG THE NORTH LINE OF BLOCKS 55, 45,AND 35 TO THE NORTHEAST CORNER OF BLOCK 35; THENCE NORTHERLY TO THE NORTHWEST CORNER OF BLOCK 26; THENCE EASTERLY ALONG THE NORTH LINE OF BLOCK 26,TO THE CENTERLINE OF COLLEGE AVENUE; THENCE CONTINUING EASTERLY ALONG THE CENTERLINE OF VINE DRIVE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SECTION 12; THENCE NORTHERLY TO THE NORTH 1/4 CORNER OF SECTION 12, T7N, R69W OF THE SIXTH P.M.; THENCE (CONSIDERING THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SECTION 1 AS BEARING S89°58'19"E AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO)SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12, S00"07'56"W 46.77 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF- WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, N88°18'14"E 602.54 FEET TO THE SOUTHEAST CORNER OF LOT 1, LARIMER COUNTY SHOPS MINOR SUBDIVISION; THENCE ALONG THE EASTERLY LINE OF SAID LARIMER COUNTY SHOPS MINOR SUBDIVISION, NO1°16'55"W 208.11 FEET, AND AGAIN S85°23'42"W 65.98 FEET,AND AGAIN N55°34'00"W 253.90 FEET,AND AGAIN NI 8'51'00"E 34.17 FEET,AND AGAIN N73`33'44"E 105.85 FEET,AND AGAIN N 12°50'18"E 71.56 FEET,AND AGAIN N 10-20'00"W 42.66 FEET,AND AGAIN N41°50'00"W 84.01 FEET, AND AGAIN N51°15'00"W 193.28 FEET, AND AGAIN N67°26'23"W 74.87 FEET; THENCE N18°50'30"E 108.60 FEET; THENCE N89°59'13"E 1484.20 FEET TO A POINT ON THE WEST LINE OF ALTA VISTA SUBDIVISION; THENCE ALONG SAID WEST LINE, S00°00'00"E 533.86 FEET TO THE SOUTHWEST CORNER OF SAID ALTA VISTA SUBDIVISION; THENCE ALONG THE SOUTH LINE OF SAID ALTA VISTA SUBDIVISION, N86°47'41"E 140.22 FEET, AND AGAIN N80°04'26"E 40.61 FEET,AND AGAIN N87°42'34"E 125.10 FEET,AND AGAIN N70°02'35"E 120.45 FEET TO A POINT ON THE EXISTING WESTERLY RIGHT-OF-WAY OF ALTA VISTA STREET AS RECORDED IN THE LARIMER COUNTY RECORDS IN BOOK 2024 AT PAGE 845; THENCE ALONG SAID EXISTING WESTERLY RIGHT-OF-WAY LINE, S67-39'55"E 180.15 FEET, AND AGAIN S00°01'S5"E 244.97 FEET TO A POINT ON THE EXISTING NORTH RIGHT-OF- WAY LINE OF EAST VINE DRIVE; THENCE ALONG SAID EXISTING NORTH RIGHT-OF-WAY LINE, N88°18'14"E 341.16 FEET TO A POINT ON THE EXISTING WEST RIGHT-OF-WAY LINE OF NORTH LEMAY AVENUE; THENCE ALONG SAID EXISTING WEST RIGHT-OF-WAY LINE,S00°01'59"E 581.65 FEET TO THE SOUTHEAST CORNER OF TRACT A, EAST VINE STREETS FACILITY P.U.D.; THENCE ALONG THE SOUTH LINE OF SAID EAST VINE STREETS FACILITY P.U.D., S88°18'24"W 20.03 FEET TO THE- NORTHEAST CORNER OF LOT 2, NEW BELGIUM BREWERY THIRD FILING; THENCE ALONG THE EAST LINE OF SAID LOT 2, SOO'01'59"E 805.42 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE 4 OF BUCKINGHAM STREET; THENCE ALONG SAID SOUTH RIGHT-OF- WAY LINE, S89°57'49"W 1197.65 FEET TO THE NORTHWEST CORNER OF LOT 3,VANWORKS SUBDIVISION SECOND FILING;THENCE N00*01'59"W 7.00 FEET TO THE NORTHEAST CORNER OF LOT 23, REPLAT OF NORTH LEMAY SUBDIVISION, SECOND FILING; THENCE ALONG THE NORTH LINE OF SAID LOT 23, S89°57'49"W 304.16 FEET TO THE NORTHWEST CORNER OF SAID LOT 23; THENCE ALONG THE SOUTHERLY LINE OF SAID LOT 23,S47°04'29"E 440.46 FEET;THENCE S60°41'59"E 173.90 FEET TO THE SOUTHEAST CORNER OF LOT 3,VANWORKS SUBDIVISION SECOND FILING; THENCE S00°44'01"W 493.72 FEET TO THE NORTHEAST CORNER OF LOT 2, PATRICK SUBDIVISION FIRST FILING; THENCE S88`37'01"W 875.04 FEET TO A POINT ON THE EXISTING EAST RIGHT-OF-WAY LINE OF THIRD STREET; THENCE ALONG SAID EXISTING EAST RIGHT-OF-WAY LINE, N00-03'59"W 896.57 FEET TO A POINT ON THE EXISTING SOUTH RIGHT-OF-WAY LINE OF BUCKINGHAM STREET; THENCE ALONG SAID EXISTING SOUTH RIGHT-OF-WAY LINE, S89°57'49"W 686.66 FEET TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12; THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST 1/2 OF SAID SECTION 12 TO THE WESTERLY PROLONGATION OF THE NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE;THENCE ALONG THE SAID NORTH RIGHT OF WAY OF EAST LINCOLN AVENUE, EASTERLY TO THE NORTHERLY PROLONGATION OF THE EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE; THENCE ALONG THE SAID EASTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, SOUTHERLY TO THE SOUTHWEST CORNER OF THE BUFFALO RUN APARTMENTS P.U.D.; THENCE (CONSIDERING THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7, AS BEARING NORTH 00 DEGREES 34 MINUTES 55 SECONDS EAST AND WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO), RUNNING ALONG THE SOUTH LINE OF SAID BUFFALO RUN APARTMENTS P.U.D. THE NEXT FIVE (5) COURSES: 1) 72 DEGREES 53 MINUTES 48 SECONDS EAST,A DISTANCE OF 93.02 FEET;2)ALONG THE ARC OF A 465.50 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 38 DEGREES 32 MINUTES 55 SECONDS, AN ARC DISTANCE OF 313.19 FEET HAVING A CHORD BEARING OF SOUTH 87 DEGREES 49 MINUTES 44 SECONDS EAST, A DISTANCE OF 307.32 FEET; 3) SOUTH 68 DEGREES 33 MINUTES 17 SECONDS EAST, A DISTANCE OF 498.09 FEET; 4) ALONG THE ARC OF A 134.50 FOOT RADIUS CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 34 DEGREES, 58 MINUTES 05 SECONDS; AN ARC DISTANCE Of 82.09 FEET, HAVING A CHORD BEARING OF SOUTH 86 DEGREES 02 MINUTES 19 SECONDS EAST, A' DISTANCE OF 80.82 FEET; 5) NORTH 80 DEGREES 27 MINUTES 41 SECONDS EAST, ALONG SAID SOUTH LINE AND ITS EASTERLY EXTENSION, A DISTANCE OF 114.77 FEET TO THE WEST LINE OF THAT 5 TRACT OF LAND DESCRIBED AT RECEPTION NO. 89022270; THENCE SOUTH 00 DEGREES 38 MINUTES 00 SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 679.49 FEET; THENCE SOUTH 89 DEGREES 23 MINUTES 00 SECONDS WEST A DISTANCE OF 120.53 FEET; THENCE SOUTH 00 DEGREES 24 MINUTES 00 SECONDS WEST A DISTANCE OF 921.52 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 205.59 FEET THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST A DISTANCE OF 136.39 FEET THEN NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 60.00 FEET; THENCE SOUTH 00 DEGREES 22 MINUTES 00 SECONDS WEST, A DISTANCE OF 208.73 FEET TO A POINT ON THE NORTH LINE OF COLORADO HIGHWAY 14, AND A POINT ON A NON- TANGENT CURVE TO THE LEFT, THENCE RUNNING ALONG SAID NORTH LINE THE NEXT TWO (2) COURSES; 1) ALONG THE ARC OF A CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF 00 DEGREES 04 MINUTES 18 SECONDS HAVING A RADIUS OF 11,585 FEET AN ARC DISTANCE OF 14.48 FEET ACHORD BEARING OF NORTH 89 DEGREES 33 MINUTES 00 SECONDS WEST, A DISTANCE OF 14.48 FEET; 2) NORTH 89 DEGREES 38 MINUTES 00 SECONDS WEST A DISTANCE OF 645.85 FEET TO THE INTERSECTION OF SAID NORTH LINE AND THE EAST RIGHT OF WAY LINE OF SOUTH LEMAY AVENUE; THENCE CONTINUING ALONG THE SAID NORTH RIGHT OF WAY OF EAST MULBERRY STREET, WESTERLY TO THE WESTERLY RIGHT OF WAY OF THE SAID SOUTH LEMAY AVENUE; THENCE ALONG THE SAID WESTERLY RIGHT OF WAY OF SOUTH LEMAY AVENUE, NORTHERLY TO THE SOUTH RIGHT OF WAY OF THE SAID EAST LINCOLN AVENUE;THENCE ALONG THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE,WESTERLY TO THE EAST LINE OF THE PLAT OF IN-SITU SUBDIVISION AS RECORDED FEBRUARY 6,2004 AT RECEPTION NO. 20040011665 RECORDS OF THE CLERK AND RECORDER OF LARIMER COUNTY;THENCE ALONG THE EAST LINE OF THE SAID IN- SITU SUBDIVISION SOUTHERLY, WESTERLY AND SOUTHERLY TO THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION; THENCE ALONG THE SOUTH LINE OF THE SAID IN-SITU SUBDIVISION TO THE WEST LINE OF THE SAID IN-SITU SUBDIVSION; THENCE ALONG THE SAID WEST LINE OF THE IN-SITU SUBDIVISION,NORTHERLY TO THE SAID SOUTH RIGHT OF WAY OF EAST LINCOLN AVENUE;THENCE ALONG THE SAID SOUTH RIGHT OF WAY, WESTERLY TO THE SOUTHWESTERLY BANK OF THE CACHE LA POUDRE RIVER; THENCE ALONG THE SAID SOUTHWESTERLY BANK OF THE RIVER, SOUTHEASTERLY TO THE INTERSECTION WITH THE SAID EAST LINE OF WEST 1/2 OF SECTION 12; THENCE ALONG THE SAID EAST LINE OF THE WEST 1/2 OF SECTION 12, SOUTHERLY TO THE NORTHERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE AS ORIGINALLY PLATTED, SAID RIGHT-OF-WAY ALSO BEING 6 THE CITY LIMITS;THENCE SOUTHEASTERLY ALONG SAID CITY LIMITS TO THE SOUTHERLY RIGHT-OF-WAY OF MULBERRY STREET; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE WESTERLY RIGHT-OF-WAY OF RIVERSIDE AVENUE; THENCE NORTHWESTERLY A LONG SAID WESTERLY RIGHT-OF-WAY TO THE SOUTHERLY RIGHT-OF-WAY OF MOUNTAIN AVENUE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY TO THE PROPERTY LINE BETWEEN LOTS 3 AND 4 OF BLOCK 141; THENCE SOUTHERLY ALONG SAID LOT LINE TO THE CENTER OF THE ALLEY IN BLOCK 141; THENCE WESTERLY ALONG CENTER OF SAID ALLEY TO A POINT 20 FEET WEST OF THE NORTHEAST CORNER OF LOT 17, BLOCK 141; THENCE SOUTHERLY ALONG A LINE PARALLEL TO AND 20 FEET WESTERLY FROM THE EAST LINE OF SAID LOT 17, TO THE CENTER OF OAK STREET; THENCE WESTERLY ALONG THE CENTERLINE OF OAK STREET TO THE INTERSECTION OF SAID CENTERLINE AND THE EXTENSION OF THE CENTERLINE OF AN ALLEY IN BLOCK 132;THENCE SOUTHERLY ALONG THE CENTERLINE OF SAID ALLEY TO A POINT OPPOSITE THE NORTH LINE OF LOT 5; THENCE EASTERLY ALONG THE NORTH LINE OF LOT 5 TO THE CENTER OF MATHEWS STREET; THENCE SOUTHERLY ALONG THE CENTER OF MATHEWS STREET TO A POINT OPPOSITE THE SOUTH LINE OF LOT 5;THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 5 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 132; THENCE SOUTHERLY ALONG SAID ALLEY TO A POINT 10 FEET SOUTH OF THE NORTHWEST CORNER OF LOT 2;THENCE EASTERLY AND PARALLEL TO THE NORTH LINE OF LOT 2 TO THE CENTERLINE OF MATHEWS STREET;THENCE SOUTHERLY ALONG THE CENTERLINE OF MATHEWS STREET TO THE CENTERLINE OF OLIVE STREET,THENCE EAST ALONG THE CENTERLINE TO A POINT OPPOSITE THE EAST LINE OF LOT 8, BLOCK 143, THENCE SOUTH TO THE CENTERLINE OF THE EAST WEST ALLEY IN BLOCK 143, THENCE WEST TO THE CENTERLINE OF MATHEWS STREET, THENCE SOUTH TO A POINT OPPOSITE THE SOUTH LINE OF LOT 4, BLOCK 133; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 4 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 133;THENCE NORTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST OLIVE STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST OLIVE STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID CENTERLINE TO A POINT OPPOSITE THE NORTH LINE OF LOT 15,BLOCK 133;THENCE EASTERLY ALONG THE NORTH LINE OF LOT 15 TO THE CENTERLINE OF THE NORTH-SOUTH ALLEY IN BLOCK 133;THENCE SOUTHERLY ALONG SAID ALLEY TO THE CENTERLINE OF EAST MAGNOLIA STREET; THENCE WESTERLY TO THE INTERSECTION OF EAST MAGNOLIA STREET AND REMINGTON STREET; THENCE SOUTHERLY ALONG SAID 7 CENTERLINE TO THE INTERSECTION OF REMINGTON STREET AND MULBERRY STREET;THENCE WESTERLY ALONG THE CENTERLINE OF MULBERRY STREET TO THE INTERSECTION OF THE EXTENSION OF THE CENTERLINE OF THE ALLEY IN BLOCK 125; THENCE SOUTHERLY ON CENTERLINES OF ALLEYS THROUGH BLOCKS 125 AND 126 TO THE CENTERLINE OF LAUREL STREET; THENCE WESTERLY ON SAID CENTERLINE TO THE POINT OF BEGINNING. PORTIONS OF SUCH PROPERTY AS CONTAINED IN THE FOREGOING DESCRIPTION IS FURTHER DESCRIBED BY LOTS AND BLOCKS AS FOLLOWS: BLOCK E, F, G; BLOCK 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 18, 19, 21, 22, 23, 24, 25, 26, 31, 32, 33, 34, 35, 41, 42, 43, 44, 45, 55, EXCEPT THE PORTION SOUTHWEST OF THE SOUTHERLY RIGHT-OF-WAY OF THE C & S RAILROAD, 74, 84, 91, 92, 93, 101, 102, 103, 104, 111, 112, 113, 114, 121, 122, 123, 124, 131; LOTS 1, 2, 3,4, 5, 14, 15, 16, 17, 18, 19, AND THE SOUTHERLY 1-1/2 FEET OF LOT 13 OF BLOCK 51; THE EAST 1/2 OF BLOCK 81, THE EAST 1/2 OF BLOCK 82; LOTS 1, 2, 3, 4 AND 5 EXCEPT THE PORTION IN THE NORTHWEST CORNER OF BLOCK 83; THE EAST 1/2 OF BLOCK 115; THE EAST 1/2 OF BLOCK 116;THE WEST 1/2 OF BLOCK 125;THE WEST 1/2 or BLOCK 126; THE WEST 1/2 AND LOTS 1 AND 2 LESS THE NORTHERLY 10 FEET OF LOT 2 AND LOT 5 OF BLOCK 132; LOTS 4, 5, 6, 7, 8, 15, 16 OF BLOCK 133; LOTS 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, AND THE WEST 30 FEET OF LOT 17 OF BLOCK 141; LOTS 8,9, 10 OF BLOCK 143,AND ALL OF THE NORTHWEST 1/4 OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST, NOT PREVIOUSLY MENTIONED; ALSO ALL OF THE RAILROAD RIGHTS-OF-WAY LOCATED IN THE SOUTHWEST 1/4 OF SECTION 12, TOWNSHIP 7 NORTH, RANGE 69 WEST; ALL IN THE CITY OF FORT COLLINS, COLORADO, ACCORDING TO THE TOWN PLAT DATED JANUARY 16, 1873, AND RECORDED JANUARY 18, 1873, IN THE OFFICE OF THE LARIMER COUNTY CLERK AND RECORDER. Section 3. That the Plan of Development is hereby amended by the Council so as to delete the legal description for the Downtown Development Authority boundary contained on page 3 thereof, and to substitute therefore the legal description contained in Section 2 of this Ordinance. 8 Introduced and considered favorably on first reading and ordered published in summary form this 6th day of September, A.D. 2005, and to be presented fo nal passage on the 20th day of September, A.D. 2005. Mayor ATTEST: City Clerk Passed and adopted on final reading this 20th day of September, A.D. 2005. Mayor ATTEST: City Clerk 9 ITEM NUMBER: 24 AGENDA ITEM SUMMARY DATE: September6, 2005 FORT COLLINS CITY COUNCIL STAFF: Chip Steiner Chuck Seest 77 SUBJECT First Reading of Ordinance No. 099,2005,Expanding the Boundaries of the Fort Collins,Colorado Downtown Development Authority and Amending the Plan of Development of the Authority. RECOMMENDATION Staff recommends adoption of the Ordinance on First Reading. The Downtown Development Authority Board of Directors voted unanimously to recommend to City Council the annexation of certain properties along East Vine Drive at its regular meeting, April 7, 2005. EXECUTIVE SUMMARY " xi This annexation would expand the ON . dar the Fo Collins Downtown Development Authority (DDA) District to include the fo owing properties`. 1. City of Fort Collins Transportation Services property (bounded by Linden Street on the West,Vine Drive on the North,Lemay Avenue on the East and by the New Belgium Brewing property on the south). 2. Platte Valley Lumber, Inc, 725 East Vine Drive. 3. The New Belgium Brewing property on the north side of Buckingham from Linden to Lemay. 4. 33 acres on the north side of East Vine Drive and directly east of the Platte Valley Lumber property, owned by Judy Kolz of Buckeye LLC. 5. An additional p perty oi#ned by Jgdy'KoI�C ]oc ted on the south side of Buckingham S et just east of the Buckingham neighborhood. BACKGROUND The City property is included in the annexation to gain contiguity with the existing DDA boundary. There is no negative effect to inclusion of this parcel within the Authority district. The four privately owned properties will experience a five mill increase in their property taxes as a result of the annexation. September 6, 2005 -2- Item No. 24 The purpose of the annexation is to make available to the proposed Science and Cultural Campus the use of tax increment financing. The Campus's primary user will be the Rocky Mountain Raptor Program (currently a part of CSU's veterinary school). Other potential users include the Rocky Mountain Bird Observatory, A ubon a d the Center,for.$ustai*able Living. The DDA Board believes these uses will contr'' ute to i large t vi pion,of e`" crag and expanding the cultural amenities of the central busin distric � r ATTACHMENTS 1. Location Map 2. Resolution 2005-05 of the Board of Directors of the Fort Collins Downtown Development Authority r` '