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HomeMy WebLinkAbout1987-09-02 EURA MINUTES• • • I. ENGLEWOOD URBAN RENEWAL AUTHORITY September 2, 1987 CALL TO ORDER. The regular meeting of the Englewood Urban Renewal Authority was called to order at 5:35 P.M. by Vice Chairman Ruth Cole. Members present: VanDyke, Cole, Keena, Mcintyre, Minnick, Tatton Hanson, Alternate Member Hinson, Acting Executive Director/Executive Secretary Members absent: Voth Daugherty, Alternate Member Also present: Legal Counsel Marlin D. Opperman Director of Engineering Services Densel Ragland Harold Stitt, Assistant to EURA Director Penny Dietrich, EDDA Executive Director City Manager Mccown II. APPROVAL OF MINUTES. August 5, 1987 Vice Chairman Cole stated that the Minutes of August 5, 1987 were to be con- sidered for approval. Minnick moved: Tatton seconded: The Minutes of August 5, 1987 be approved as written. AYES: NAYS: ABSENT: ABSTAIN: Cole, Minnick, Tatton, VanDyke None Voth Keena, Mcintyre The motion carried. III. LAWSUIT UPDATE Mr. Hinson stated that Mr . Opperman was present to up-date the Authority on some of the cases that are in court. Mcintyre moved: Minnick seconded: The Urban Renewal Authority go into Executive Session. AYES: NAYS: ABSENT: ABSTAIN: Cole, Keena, Mcintyre, Minnick, Tatton, VanDyke None Voth None The motion carried . * * * * * * * * * * -1 - B i Mr. Voth entered the meeting at 5:50 P. M. Mr. Opperman was excused from the meeting at 6:00 P. M. Ms. Daugherty entered the meeting at 6:10 P. M. * * * * * * * * * * Minnick moved: Keena seconded: The Authority come out of Executive Session: AYES: NAYS: Keena, Mcintyre, Minnick, Tatton, VanDyke, Voth, Cole None ABSENT: None ABSTAIN: None The motion carried. Mr. Voth assumed the Chair . IV. ASSIGNMENT AND ASSUMPTION S. Bud Brady and Brady Development Corporation McCullough Associates, Ltd. Mr. Voth asked for a motion on the possible assignment and assumption of the Redevelopment Agreement between the EURA and S. Bud Brady and Brady Develop- ment Corporation to McCullough Associates, Ltd. Tatton moved: VanDyke seconded: AYES: NAYS: ABSENT: ABSTAIN: Mcintyre, None None None The motion carried. The Authority approve the assignment and assumption of the rights and responsibilities of S. Bud Brady and the Brady Development Corporation in that Agreement for Disposition and Redevelopment with the Englewood Urban Renewal Authori- ty dated November 2, 1983. Said assignment and assumption will pertain only to the area known as Trolley Square, that area bounded on the north by West Floyd Avenue, on the south by Englewood Parkway, on the west by South Bannock Street, and on the east by South Broadway. This assignment and assumption shall be made to McCullough Associates, Ltd ., a Texas limited partnership, or to a designee thereof. The assignment and assumption shall be in a form reasonably acceptable to the Executive Director and Special Counsel of the Authority, and will be brought to the Authority for ratification by Resolution at the next regular meeting. Minnick, Tatton, VanDyke, Voth, Cole, Keena -2 - • • • • • • v • ENGLEWOOD MARKETPLACE Final Plans Mr . Don Slack, Slack & Associates Architects, entered the meeting. Ms. Marj Nickum, Mr. and Mrs. Roger Robohm, Mr. and Mrs. Len Rivkin, and Mr. and Mrs. Gary Christopher entered the meeting. Mr. Hinson introduced Mr. Don Slack, architect for the Trammell Crow Company, who will be constructing the Englewood Marketplace . Mr. Slack presente d the Final Plans for the Englewood Marketplace, and noted that he has tried to address all of the concerns that were expressed by the Authority following their consideration of the Preliminary Plans on August 5. Mr. Slack stated that he had met with Mr. Hinson, Mr . Stitt, and Ms. Ragland to further clarify and discuss these concerns. Mr. Slack stated that the developer wants to have the site paved by Thanksgiving time to enable con- struction to proceed during the winter months, to meet the projected opening of the anchor stores in early 1988. Mr. Slack stated that leases have been signed with Children's Palace, Pier I Imports, Ponderosa Restaurants, and Checker Auto Parts . They are negotiating a lease with another company for use of a 12,000 to 15,000 square foot space. Mr. Slack pointed out that the buildings in the Englewood Marketplace will be oriented to U. S. 285. A walk- way to South Acoma Street on the north side of the Pier I structure has been included in response to the Authority's suggestion. Mr. Slack discussed the exterior finish of the buildings, and the colors proposed for use. Pier I will make use of a l ot of glass in their building, with the other buildings using brick as the basic material with stucco trim. Mr. Slack also pointed out that the design of the Pier I building is their corporate prototype. The design of the parking lot has been modified, and the point of access has been widened to allow one lane access and two lanes for exiting purposes. Ad- ditional handicapped parking spaces have been indicated on the parking plan, also. Mr. Slack stated that there will be means for pedestrian circulation into and out of the Marketplace, shown at three points from the east and north. Mr. Slack discussed the signage to be used for the development, noting that the building signs will be t he i ndividual letters with internal illumination placed on the brick walls . Mr. Slack discussed the con cer ns of the Authority on the appearance of the rear of the buildings , as wel l as the concerns on the landscaping along the rear of the structures and throughout the parking lot. Ms. Keena asked about the lighting throughout the development; has this been addressed. Mr. Sla c k stated that accent lighting will be used along the walks, and there is a possib i lity the developer may purchase some of the ex- cess light poles and fix t ures that the Authority has on hand . This has not been addressed in detail because they do not know what the tenants want at this point. Mrs. Cole asked if there was any possibility that Children's Palace would con- sider allowing an ent r ance at the rear of their building. Mr. Slack noted that the rear of Children's Palace is used for the loading area and their -3 - stocking area. There possibly will be a controlled exit from the store at the rear of the building to comply with building and fire code requirements. He • stated that he would be happy to check with Children's Palace personnel regarding the possibility of an entrance at the rear of the structure, but cautioned that he would not offer much hope that this would meet with their approval. Mr. Rivkin addressed the Authority and expressed his concern that the design of the Englewood Marketplace is such that everything to the east is "iso- lated". He asked what will happen to the land between South Acoma Street and the Broadway/Acoma alley in the 3400 block. Ms. Keena asked how the pedestrian walkway on the north side of the Pier I site aligns with the walk-through on the west side of South Broadway, were that to be projected through to South Acoma Street. Mr. Slack indicated that there would be approximately a 150 foot off-set in the alignment. Mr. Slack agreed that there is need for connection to the South Broadway shopping area across South Acoma and the vacant area between South Acoma and the alley. He indicated that the developers have made provisions at three different points for pedestrian access from the north and east. Marj Nickum stated her opinion that the proposed development will shut off access to and from the Trolley Square development as well as South Broadway. Mr. Slack noted that prospective merchants want a Hampden address for their stores. Therefore, the decision was made to orient the structures to U. S. 285 with the rear of the structures abutting the Englewood Parkway. Mr. Slack stated that there will be building signs facing both U. S. 285 and Englewood • Parkway, and there will be display windows on the buildings along Englewood Parkway. Ms. Nickum stated that she felt the location of the points of pedestrian ac- cess would encourage "jay walking". Mr. Slack disagreed with this contention, and pointed out the proximity of the proposed access points to intersection cross-walks. Ms. Nickum suggested that the Lincor development will not be able to use an address on Hampden Avenue, and that the Englewood Marketplace development should try to accommodate other businesses and not isolate them. Mr. Slack pointed out the location of the Cherokee Street/Girard Avenue/Englewood Park- way intersection, which will provide access into the area under contract to Lincor Properties, and noted that Trammell Crow had relocated a structure to provide for this intersection . Gary Christopher stated that he not previously seen the plans for this development, but that it appears that Little Dry Creek will be filled in and covered over. Mr. Christopher stated that he, too, felt that the Broadway business area is being cut off from everything; he pointed out there are three points of access to the Marketplace for vehicular traffic but the pedestrian access is very limited. Mr. Christopher suggested that the "mud flats" on the east side of South Acoma Street should be developed into a park, and that the Marketplace should be redesigned and opened up so that the stores face outward. Mr. Slack stated that the subject site has constraints on it, and the • developer is trying to get the site leased so that construction can proceed. - 4 - • • • Tenants are interested in the site only if they would have visibility from Hampden/U.S. 285 . Mr. Slack stated that the design of the Marketplace has not precluded pedestrian or automobile access to and from the site. Mr. Slack also stated that he felt a viable development on this site will generate addi- tional development and leasing activity in the surrounding areas. Mr. Christopher asked if the developer planned to try to sign the development under the existing Sign Code. Mr. Slack stated that the site would be signed in accordance with the existing Sign Code provisions. Mr . Rivkin again addressed the Authority and asked what the plans are for the land on the east side of South Acoma Street; is this going to be an "island"? Mr. Hinson discussed the background of the development from the time of the initial Agreement for Disposition and Development with Mr. Brady to the time when the Authority had to put Mr . Brady into default and request proposals from other developers for the portion of the area Mr. Brady had not developed. The Authority received several proposals for this area, two of which were very similar in design, and both of which oriented the structures to the Hampden frontage. Neither developer indicated an interest in the property to the east side of South Acoma Street. Once the Englewood Marketplace development is established, it will be logical to put the South Acoma Street site out for proposals again. Mr. Rivkin stated that the developer of Englewood Marketplace must make it easy for pedestrians to move from east to west, and that there must be some provision for access at the center of the proposed development. Mr. Rivkin stated that the "mud hole'' on South Acoma must be cleaned up, also . Ms. Daugherty asked about the pedestrian access to Trolley Square, and asked if the bus stop could be moved closer to that point of access. Mr. Slack stated that the bus stop at its present location is central to the total development, both the Englewood Marketplace and Trolley Square. Mr. Voth thanked the business people from Broadway for their attendance, and suggested that the Authority go into Executive Session to further discuss the Final Plans . Cole moved: Keena seconded : AYES: NAYS : ABSENT: ABSTAIN: Minnick, None None None The Urban Renewal Authority go into Executive Session on the Final Plans for the Englewood Marketplace. Tatton , VanDyke , Voth, Cole, Keena, Mcintyre The motion carried . * * * * * * * * * * VanDyke moved : Minnick seconded : The Ur ban Renewal Authority come out of Executive Session. AYES: NAYS : Tatton , Van Dyke , Vo th, Cole, Keena, Mcintyre, Minnick None -5 - ABSENT: None ABSTAIN: None The motion carried. VanDyke moved: Totton seconded: The Englewood Urban Renewal Authority approve the Final Plans for the Englewood Marketplace with the following stipulations: 1. The Architect is asked to explore the possibility of a rear entrance to Children's Palace. 2. The Architect is asked to discuss with Children's Pal- ace administration the possible placement of display windows on the south and east corners of the Chil- dren's Palace structure. 3. The points of pedestrian access be improved with lighting and landscaping to make these accesses invit- ing to pedestrians. AYES: VanDyke, None None None Voth, Cole, Keena, Mcintyre, Minnick, Totton NAYS: ABSENT: ABSTAIN: The motion carried . Mr. Mcintyre pointed out that the display windows on the rear of structures will have to be secured to guard against break -ins and vandalism. Mrs. Cole expressed concern about the appearance of the rear of the businesses in the 3400 block of South Broadway, and suggested that the Broadway merchants should be encouraged to undertake improvement on their properties. VI. FINANCIAL REPORTS Investment Report Expenditure Report Mr. Hinson stated that the Authority is not drawing down the funds as rapidly as had been projected. The Expenditure Report was considered. Mr. Totton discussed the expenditures of RBI and the length of time they have been on the job. Ms. Ragland pointed out that the retainage is still being held from their payments. VII. CONSTRUCTION REPORT. Ms. Ragland asked if members of the Authority had viewed the retaining wall by the Finer property east of Broadway. There is a bulge in the wall, and the staff has not given approval on this section yet. The bulge will not affect the movement of waters in the Creek. • • Mr. Hinson presented members of the Authority with a copy of letter from RBI • again asking that the percentage of retainage be reduced, and that they be -6 - • • • allowed to substitute securities in lieu of the actual dollar retainage. Mr. Hinson stated that at the last meeting, it was the consensus of the Authority that holding the retainage was a motivation to the contractor to complete the job in a timely manner. Mr. Minnick suggested that the staff reiterate the Authority's position that holding the retainage is a motivation for completion of the job. Ms. VanOyke suggested that the same response be given as was previously given on this request. Ms. Ragland asked t hat the EURA staff check with Legal Counsel on the sub- stitution of securities in lieu of retainage. Mr. Hinson stated that he would do so. Mr. Tatton stated t hat he felt the 10% retainage was a protection to the Au- thority. Ms. Ragland suggested that it is a protection in event the general contractor does no t pay sub-contractors and claims are filed on the project. Mrs. Cole asked for an explanation on their complaint about the project en- gineer. Ms. Ragland stated that this project engineer is a member of the Mclaughlin Water Engineers team, and that it is his responsibility to make sure that the job i s constructed in accordance with the specifications. Brief discussion ensued. Minnick moved: Tatton seconded: The Urban Renewal Authority direct the staff to respond to RBI that the 10% retainage will not be reduced, and that securities in lieu of monetary retainage will not be approved. AYES: NAYS: Voth, Cole, Keena , Minnick, Tatton, VanDyke None ABSENT: Mcintyre ABSTAIN: None The motion carried . VIII. RELOCATION REQUEST Joyce Hirsche Mr . Hinson stated that Ms . Joyce Hirsche has filed an additional claim for relocation reimbursement for obsolete printed materials in the amount of $647.37, and for the cleaning of draperies which were moved in the amount of $1,871 .00. Mr. Hinson stated that the issue of cleaning for items which have been moved has not been addressed by the Authority in the past. Mr. Hinson did point out that Ms. Hirsche was reimbursed $6,341.50 in July for cartage, packing and telepho ne reinstallation . The staff contends that Ms. Hirsche was reimbursed for packing services, and that the packing should have been accom- plished in such a manner as to prevent soiling of the draperies. Staff recom- mends that Ms. Hirsche be awarded the $647.37 for obsolete printed materials. Cole moved: Keena seconded: The Urban Renewal Authority authorize reimbursement to Ms. Hirsche in the amount of $647.37 for obsolete printed materials . -7 - AYES: NAYS: ABSENT: ABSTAIN: Cole, Keena, None Mcintyre None Minnick, Totton, VanDyke, Voth The motion carried. IX. CERTIFICATE OF COMPLETION Silo Mr. Hinson stated that the Silo Store has been constructed in compliance with the requirements of the Assignment Agreement, and has requested from the Au- thority a Certificate of Completion. Mr. Mcintyre entered the meeting and took his place with the Authority. Mr. Hinson stated that Silo has also requested a Quit Claim Deed from the Au- thority for the portion of South Jason Street that will be vacated. This has been discussed with Legal Counsel Benedetti. Mr. Hinson stated that Silo will grant to the City of Englewood an utility easement and the Quit Claim Deed will be retained by the staff until the easement documents are signed and filed with the City. Ms. VanDyke asked how Silo was doing business-wise, and inquired about the reasoning back of the reorganization of the company. Mr. Hinson stated that he understands that Silo is doing pretty well on the sales since opening, and that the reorganization is that Cyclops Corporation will not be the parent company, and that Silo, Inc. will be the corporation for all Silo outlets. Totton moved: VanDyke seconded: The Urban Renewal Authority approve the issuance of a Cer- tificate of Completion to Silo, and the issuance of a Quit Claim Deed for the west side of South Jason Street upon receipt of an utility easement from Silo. AYES: NAYS: Keena, Mcintyre, Minnick, Totton, VanDyke, Voth, Cole None ABSENT: None ABSTAIN: None X. AMENDMENT OF LEGAL SERVICES CONTRACT. Paul C. Benedetti Mr. Hinson stated that he is in receipt of a request from Mr. Benedetti that his contract with the Authority for legal services be amended to include pro- vision of services by Mr. Richard Padilla. The Authority would be charged $70 per hour for Mr. Padilla's work. Brief discussion ensued. VanDyke moved: Keena seconded: The Authority approve the amendment of the legal contract with Paul C. Benedetti to include prov1s1on of services by Mr. Richard Padilla at $70.00 per hour. -8 - • • • • • • AYES: McINtyre, None None None Minnick, Totton, VanDyke, Voth, Cole, Keena NAYS: ABSENT: ABSTAIN: The motion carried. XI. LINCOR PROPERTIES OF COLORADO Mr. Hinson stated that Ms. Mary Anne Shube of Lincor Properties, is still pur- suing prospective tenants for their site, and has one or two leads which look promising. However, the Schedule of Performance calls for preliminary plans on the site to be submitted by September 15, and this will not be possible because an anchor tenant has not been signed. Ms. Shube has suggested that they will, hopefully, have a better idea of a reasonable time schedule by the end of the month. Mr. Hinson stated that the staff would have a recommenda- tion of the amendment of the Schedule of Performance at the next regular meeting. XII. LAWSUIT UPDATES. Mr. Hinson stated that in addition to the Physical Whimsical case, there will be a case on the valuation of the Hirsche property. There is also a matter of settling the claims of individuals who claim an interest in the Little Dry Creek right-of-way. Wagner's Dinettes has also filed suit against the Au- thority asking for relocation benefits, to which our legal counsel has filed a response . XIII. DEMOLITION. Mr. Hinson asked Ms. Ragland to report on the demolition of the old King Sooper's building. Ms. Ragland stated that at the time the box culvert was constructed and the King Sooper's Building was constructed over the culvert, the points where the building foundation crossed the culvert was rebarred and dowled in, but was not grouted in. Extreme care has been taken by the demoli- tion contractor in removing the foundation, and an inspector has been on site full-time to watch the proceedings. Mr. Totton asked for further information on the apartment house claims against RBI. Mr. Hinson asked that this be discussed in Executive Session. Minnick moved: Totton seconded: The Authority go into Executive Session. AYES: NAYS: ABSENT: ABSTAIN : Minnick, None None None Totton, VanDyke, Voth, Cole, Keena, Mcintyre The motion carried. * * * * * * * * * * Keena moved : VanDyke seconded: Th e Urban Renewal Authority come out of Executive Session. - 9 - AYES: Tot ton, None None None VanDyke, Voth, Cole, Keena, Mcintyre, Minnick NAYS: ABSENT: ABSTAIN: The motion carried. XIV. LITTLE DRY CREEK FINAL PLANS Downtown Area Mr. Hinson stated that bids on the construction of the Downtown Area of the Little Dry Creek Improvements are to be received on September 22 or 23, and a special meeting has been scheduled for September 30 to award the contract for construction of the improvements. XV. MISCELLANEOUS. Mr. Totton suggested that the Broadway merchants who were in attendance be sent a letter thanking them for their input. Mr. Hinson stated that he would write such a letter. Mr. Minnick inquired about the soil stockpiled on the west side of Broadway along the Creek. Ms. Ragland stated that the temporary channel work was de- leted from the RBI contract and given to Flatiron, and the soil is a result of that work. She stated that the staff has received an inquiry from a contrac- tor who has expressed interest in the dirt and would haul it off if he could get it for free. Mr. Tatton noted that with the higher water caused by the rainy weather this last week, sand has washed down over soil at Sherman. Ms. Ragland stated that the contractor will have to remove this. Mr. Voth asked about a projected date for the opening of South Sherman Street. Ms. Ragland stated that the staff will be rotomilling on South Broadway within the next week, and paving on Broadway and Sherman is projected to be done shortly thereafter. There being no further business to come before the Authority, the meeting ad- journed at 8:30 P. M. -10 - • • •