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HomeMy WebLinkAbout1988-05-04 EURA MINUTES• • • ENGLEWOOD URBAN RENEWAL AUTHORITY MAY 4, 1988 9 F. I. CALL TO ORDER. The regular meeting of the Englewood Urban Rene wal Authority was called to order by Chairman Robert Voth at 5:40 P. M. Members present: Voth, Keena, Mcintyre, Minnick, Tott on, VanDyke Hinson, Executive Director/Secretary Members absent: Cole, Daugherty, Hanson Also present: Densel Ragland, Director of Engineering Services Marlin D. Opperman, Legal Counsel Ronald Fish, Planning & Zoning Commission II. APPROVAL OF MINUTES April 6, 1988 April 13, 1988 Chairman Voth stated that the Minutes of the meetings on April 6, 1988 and April 13, 1988 were to be considered for approval . Minnick moved: VanDyke seconded: The Minutes of April 6, 1988 and April 13, 1988 be approved as written. The motion carried, with Ms. Keena and Mr. Mcintyre abstaining because of ab- sence at one or more of the meetings. III. LINCOR PROPERTIES OF COLORADO Final Plans Mr. Hinson displayed the final plans from Lincor Properties of Colorado, and pointed out the changes that were made on the plans at the suggesti on of Au- thority members. Mrs. Cole entered the meeting and took her chair with members of t he Authority. Mr. Hinson stated that one change that was made was to close off the we s t er n most point of access on West Girard Avenue, and realign the parki ng in t his area. A second change was to move landscaping from the north end of the park- ing aisles to the south end of the aisles to better delineate the parking area from the street right-of-way. A third modification to the plans was to the increase the berm height and landscaping on the north side of the proposed development. Mr. Hinson stated that a telephone poll had been conducted at which time mem- bers of the Authority had given their approval of the final plans. Mr . Hinson stated that the Authority needs to ratify their approval of the plans by for- mal motion. - 1 - Ms. Ragland stated that before the Authority makes such a motion, she wanted to point out that Jorgenson, Hendrickson & Close has been asked to review the • calculations presented by Lincor on the placement of the building over the box culvert. Ms. Ragland stated that several comments relating to the calcula- tions by Lincor's engineers were submitted by JH&C earlier on this date, but she has not had an opportunity to fully review these comments. This matter needs further investigation, and Ms. Ragland suggested that the Authority might want to advise Lincor that the concerns of the structural engineer hired by the EURA will have to be satisfied in constructing a building over the box culvert, and that this be made a part of the approval of the final plans. Discussion ensued. Mr. Hinson stated that the developer does have to get City Building Permits and meet all the requirements at the time of permit issuance. Mr. Voth agreed that the developer will have to comply with all zoning and code requirements, even though the Authority approves the final plan as pres- ented. Although there are currently a number of engineering questions related to building on the conduit, Ms. Ragland stated that she is confident that these questions can be resolved, but wanted the Authority and the developer to be aware that the box culvert will require special treatment. Mr. Hinson reviewed the Agreement for Disposition and Redevelopment with Lin- cor, and cited Section 4 .5 for the Authority. Brief discussion ensued. VanDyke moved: Keena seconded: AYES: NAYS: ABSENT: ABSTAIN: VanDyke, None None None The Englewood Urban Renewal Authority approve the final plans for development as presented by Lincor Properties of Colorado, and dated April 20, 1988. Lincor is hereby ad- vised of the following section of the Agreement for Dis- position and Redevelopment, §4.5, as it pertains to con- struction over the box culvert for Little Dry Creek: 11 The Redeveloper shall not construct any building or other structure on, over (except for roof or canopy overhangs approved by the City and The Authority) or within the boundary lines of any easement for public utilities unless such construction is provided for in such easement or has been approved by the City.11 Cole, Keena, Mcintyre, Voth, Totton, Minnick The motion carried. Mr. Opperman had entered the meeting during the above discussion. Mr. Hinson asked Mr. Opperman to discuss the issue of the sign identifying the Lincor site which has been proposed for the median in Englewood Parkway just north of U. S. 285. Mr. Opperman stated that he had been able to have a conference call with Ms. Obernyer of the State Attorney General's Office and to Mr. Vedell of the State Highway Department regarding the issue of the sign earlier on this date. Mr. Opperman stated that the State has agreed that if the developer will agree to indemnify the State Highway Department and its employees, and if the insurance is acceptable to them, the State will sign off on the installation of the - 2 - • • • • • sign. Mr. Opperman stated that the State is of the op1n1on that installation of the sign in the median is much more hazardous than if it were to be in- stalled on one of the corners of the intersection. Ms. Keena asked what ramifications might be expected if the Authority were to indemnify the State Highway Department and its employees, and Linear inde- mnifies the Authority. Mr. Hinson stated that the City granted to the EURA a license to install the sign in the median. This right would be assigned to Linear Properties of Colorado and, therefore, Linear would be indemnifying the State Highway Department, its employees, the City, and the Authority. Mr. Opperman stressed the need to have a strong policy and/or backup on the indem- nification. Mr. Hinson stated that he had discussed this need for indemnifi- cation with Mr. Steve Sommers, legal counsel for Linear Properties of Colora- do, and he indicated he did not feel there would be any problem to expand their insurance to cover governmental employees. Mr. Mcintyre asked in the event a lawsuit were to be filed, would it be against Linear and not against the EURA and the City. Mr. Opperman stated that the indemnification would have to cover everyone --the State Highway Department, their employees, the EURA and the City of Englewood. Mr. Voth asked if there is a limit to the liability. Mr. Opperman stated there would be no limit on the liability. There would be a limit of coverage. Further brief discussion ensued. Mr. Opperman stated that there were one or two items that he needed to discuss with the Authority in Executive Session . It was moved, seconded, and carried that the Authority go into Executive Session. * * * * * * * * * * Ms. Daugherty entered the meeting at 6:15 P.M. and took her place with the Authority. It was moved, seconded, and carried that the Authority come out of Executive Session. * * * * * * * * * * Mr. Opperman excused himself from the meeting. Mr. Hinson stated that surveys on the old King Sooper's site are being revised and redone in preparation for the closing with Linear. There are several small matters that have to be taken care of prior to the closing. The sign issue appears to be well on the way to a resolution. The bank has several requirements that have to be met, such as receiving a letter regarding the flood plain, storm sewer relocation, etc. Mr. Hinson gave members of the Au- thority copies of a document of Assignment and Assumption between Linear Prop- erties of Colorado and Linear Englewood Partners, which is a limited partner- ship formed for the development of the site. This entity needs to be es- tablished prior to the developer taking title to the land, and is similar to what has been done on other redevelopment sites . - 3 - Tatton moved: Keena seconded: The Englewood Urban Renewal Authority approve the Assign- ment and Assumption Agreement by and between the Englewood Urban Renewal Authority, Linear Properties of Colorado, Inc., and Linear Englewood Partners. AYES: NAYS: ABSENT: ABSTAIN: Cole, None None None Keena, Mcintyre, Minnick, Tatton, VanDyke, Voth The motion carried. Mr. Hinson stated that current time estimates on wa1v1ng the anchor contingen- cy and date of closing with Linear are now May 13 and May 18. Mr. Hinson pointed out that the realignment of the Girard/Cherokee/Englewood Parkway intersection will require a larger turning radius from South Cherokee onto West Girard than was originally anticipated. Linear has indicated they will grant an easement to the City for use of this southeast portion of their property for right-of-way purposes at no cost to the City or EURA. Mr. Hinson discussed an entrance/exit to the old King Sooper's site from South Elati Street. This point of entry was used during the time the South Elati Street/West Girard intersection was closed for realignment. The building plans filed by Lincor indicate that a structure will be located in this area, so the point of entry will not be used for access to the Linear development. An awning on the proposed building will protrude over the City property, and an administrative encroachment will be requested. At some later point in time, Linear may want to request a vacation of this small area of City owner- ship, but will pursue the encroachment at this point in time. Brief discus- sion ensued. Cole moved: Minnick seconded: The Englewood Urban Renewal Authority approve the extension of the date to waive the Anchor/Financing Contingency to May 13, 1988, and extend the Date of Closing to May 18, 1988. AYES: NAYS: ABSENT: ABSTAIN: Keena, Mcintyre, Minnick, Tatton, VanDyke, Voth, Cole None None None The motion carried. IV. JWM PROPERTIES, INC. Trolley Square Mr. Hinson presented two revisions to the Agreement for Assignment and Assump- tion by and between the Englewood Urban Renewal Authority, JWM Properties, Inc., and McCullough Associates, Ltd. • • Mr. Hinson stated that JWM and the City have nearly resolved the issue of the • ground lease under the new King Sooper's, and that this Assignment and Assump- tion Agreement is tied to the Ground Lease issue. It calls for JWM to pay to -4 - • • • the Authority $250,000 on the Physical Whimsical decision by May 13; these funds are to be used to pay the additional deposit required by the Courts, trial costs, and pre-and post-judgment interest assessed by the Court. Totton moved: Minnick seconded: The Englewood Urban Renewal Authority approve the Consent to Assignment and Assumption Agreement by and between the Englewood Urban Renewal Authority, JWM Properties, Inc., and McCullough Associates, Ltd. AYES: NAYS: ABSENT: ABSTAIN: Mcintyre, None None None The motion carried. Minnick, Totton, VanDyke, Voth, Cole, Keena Ms. VanDyke excused herself from the meeting. V. INVESTMENT BANKING AGREEMENT. Mr. Hinson reviewed the proposed Investment Banking Agreement between the EURA and Prudential-Bache Securities. Mr. Hinson suggested that a clause be added to #9 of this proposed Agreement to the effect that if Mr. Steve Bell left the employ of Prudential-Bache Securities, the Agreement could be terminated at that time. Mr. Hinson reviewed previous Authority discussion that the Agree- ment should be with Mr. Bell and Prudential-Bache only, and that if Mr. Bell wanted to include support services from Hanifen-Imhoff or Shearson, Lehman & Hutton, he was welcome to do so. Cole moved: Minnick seconded: The Englewood Urban Renewal Authority approve the Invest- ment Banking Agreement with Prudential-Bache Securities with the addition of a clause to provision #9 stating that if Mr. Steve Bell leaves the employ of Prudential-Bache Securities, the agreement is terminated at that point in time. AYES: NAYS: ABSENT: ABSTAIN: Minnick, None VanDyke None Totton, Voth, Cole, Keena, Mcintyre The motion carried. VI. INTERSECTION REALIGNMENT Cherokee/Girard/Englewood Parkway Ms . Ragland stated that bids for the intersection alignment project were opened on May 2, 1988. Four bids were submitted, and the low bidder was Con- crete Works of Colorado, who submitted a bid in the amount of $109,125.00. The Engineer's estimate of the project was $102,312.00. Ms. Ragland cited items such as street lights, traffic signal control boxes, miscellaneous con- crete work, and landscaping and irrigation, which are to be accomplished in - 5 - conjunction with the intersection contract, and the associated estimated bud- get amounts for these projects. Total project budget is estimated at • $150,000.00. Mr. Hinson discussed the duties that are performed by the Engineering Services Department on EURA projects, and the staffing of that Department. He stated that the Authority realizes the Engineering Services Department has lost staff in the last year or two, is bogged down with jobs needing to be supervised and done, and wanted to express the appreciation of the Authority to Ms. Ragland for the fine work that she and her staff have expended on the Authority proj- ects. Ms. Keena asked that the appreciation of the Authority and our commen- dation of Ms. Ragland and her staff be brought to the attention of the entire City Council. Mr. Hinson stated that he has discussed this with Mayor VanDyke. Mr. Minnick asked for an update on the RBI phase of Little Dry Creek work. Ms. Ragland stated that RBI was given a seven page punch-list of items that needed completion and/or correction on their phase of the project. They have completed approximately 65% of these items to date. The issue of replacement of dead shrubbery and trees has not been resolved. EDAW representatives have suggested waiting to see just how well some of the trees survived the winter before citing those that need replacing. Mr. Minnick noted that a manhole cover was left off over night recently, with no barricades around the manhole. Mr. Minnick also cited a grade differential on South Logan/East Jefferson. Ms. Ragland discussed this grade differential, and the requirement that the curb and gutter be redone to facilitate drainage. Tatton moved: Keena seconded: The Englewood Urban Renewal Authority award the contract for construction of the South Cherokee Street/West Girard Avenue/Englewood Parkway intersection to Concrete Works of Colorado for the bid amount of $109,125.00. AYES: NAYS: Tatton, Voth, Cole, Keena, Mcintyre, Minnick None ABSENT: VanDyke ABSTAIN: None The motion carried. VII. FINANCIAL REPORT. Mr. Hinson reviewed the financial reports with the Authority. Mr. Hinson stated that the City Council approved the loan of an additional $170,000 to the EURA for intersection construction and administration. Mr. Hinson reported that he will be meeting with Mr. Langhoff of Managed Financial Services to revise the Authority's revenue and expense projections. VIII. CONSTRUCTION PROGRESS REPORT. • Mr. Hinson and Ms. Ragland reviewed the construction report with members of • the Authority. Mr. Hinson noted that there has been some discussion of a "celebration" at the completion of the Little Dry Creek project, the opening - 6 - • • • of the Trammell Crow project, and the placement of the Indian Sculpture as part of the Little Dry Creek beautification . In response to a question from Mr. Hinson, Ms. Ragland estimated that Lillard & Clark might be finished with their portion of the Little Dry Creek construc- tion in August, 1988. Ms. Ragland discussed the problems that are occurring with "future dam builders" vandalizing the work in Little Dry Creek. She stated that once the City has assumed control of this area of the Creek, consideration will be given to grouting the rock and riprap into place in an effort to prevent kids moving it and constructing small dams on the stream. IX. HANDICAPPED RAMPS Mr. Hinson stated that the matter of the handicapped ramps had become quite an issue, but that he and Chairman Voth had met with representatives of Frederick Ross, Mayor VanDyke, and Ms. Ragland. Cost estimates have been reviewed and it was determined that a number of the costs associated with the ramp were already built into the total project figure. It is now estimated that the handicapped ramp by Pier I can be constructed for the $13,000 which the Au- thority had previously approved. X. LITTLE DRY CREEK DESIGN SERVICES Mr. Hinson stated that in February, 1988, the Authority approved payment of extra design services on Little Dry Creek downtown. A mathematical error had been made on the information given to the Authority at that time, and the amount should actually have been $13,095 rather than $12,795 which was ap- proved. Mr. Hinson asked for authorization to pay the full $13,095 for the redesign services. Mcintyre moved: Keena seconded: The Urban Renewal Authority authorize payment of $13,095 for extra design services on Little Dry Creek in the down- town area. AYES: NAYS: Voth, Cole, Keena, Mcintyre, Minnick, Totton None ABSENT: Van Dyke ABSTAIN: None The motion carried. XI. MISCELLANEOUS Mr. Hinson stated that he had enclosed a record of the legal actions that have been filed on the Physical Whimsical case, which were 72 at the time the docu- ment was printed. Additional actions have been filed since that time. The case has been appealed, and Physical Whimsical has cross-appealed on every issue that was not determined in their favor. Mr. Hinson stated that he had included an article from the Colorado Municipal League Newsletter regarding the Supreme Court ruling on outdoor advertising signs for the information of the Authority. - 7 - Mr. Hinson stated that a Court Hearing has been scheduled for 9:00 A.M. on May 5 regarding the issue of right-of-way for Englewood Parkway which was taken • from First National Bank property. There has been no valuation hearing on the property to date by mutual consent of all parties concerned. It has been on the Court docket for several years now, and the hearing is at the request of the Judge to determine why the case should not be dismissed. XII. PUBLIC FORUM Mr. Voth asked Mr. Fish if he wished to address the Authority. Mr. Fish re- quested clarification on the intersection improvements at South Cherokee Street/West Girard Avenue/Englewood Parkway. Mr. Hinson indicated the design of the intersection and the projected traffic flow in the area. There being no further business to come before the Authority, the meeting was declared adjourned at 7:10 P.M. Gertrude G. Welty Recording Secretary -8 - • •