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HomeMy WebLinkAbout2007-06-20 EURA MINUTES.· • • • ENGLEWOOD URBAN RENEWAL AUTHORITY June 20, 2007 I. CALL TO ORDER The regula1· meeting of the Englewood Urban Renewal Authority wa s called to order at 6:30 p.m. in th e Community Development Conference Room of the Englewood Civic Center, Cha ir Bertoluzzi presiding. Present: Absent: St aff: Roth, Burns, Gallardo, Bertoluzzi Helstrom (alternate) Hersh Lackner, Glenarm Partn ers LLC Suzanne Ryan, Trustee of the En g l ewood Arts Board Jim Copenhave r, Trustee of the Englewood Arts Board Weddle (excused), Weeks (excused), Rogers (excused) Mark Graham, Senior Planner 11. APPROVAL OF MINUTES • May 9, 2007 Chair Be1·toluzzi stated that the Minutes of May 9, 2007 were to be cons id ered for approval. Mr. Burns stated there was a typo on page 3. Burns moved: Roth seconded: The Minutes of May 9, 2007 be approved as amended . AYES: NAYS: ABSTAIN: ABSENT: Burns, Roth None G allardo, Betoluzzi Weeks, Rogers, Weddle The motion carried. 111. ACOMA PROPERTY DEVELOPMENT Chair Bertoluzzi introduced Mr. Lackner, Ms. Ryan and Mr. Copenhaver. Mr. Graham stated Mr. Benedetti, EURA 's council, recommended two agreements be w ritten to move the process forward . The Agreement to Negotiate was the one included in thi s month's meeting packet. Th e second agreement will be a Disposition and Development Agreement. As soon as it becomes appropriate the second agreeme nt wi ll be drafted. Th e Agreement to Negotiate has a number of blanks in it because Staff thought it more app ropriate for Englewood Arts to suggest what deadline dates they can meet in • • • order· to complete the Agreement. EURA will then review those dates and agree or suggest alternati v es. The discussion Staff anticipated tonight were provisions in the document that a re c o nfus in g or cause some concern. Staff imagined Englewood Arts would meet as a group, fill in the blanks and provide a revised Agreement to Staff for redistribution to the members of the EURA. Chair Bertoluzzi had several points he wished to discuss regarding the Agreement. 1. He said the first paragraph states the Agreement is between the Englewood Urban Re newal Authority and the Englewood Cultural Arts Center Association. He asked if the City of Englewood wil l have anything to do with the Agreement. Mr. Gra ha m stated he did not know. That is a question we have for Englewood Arts .... are you anticipating asking the City for something (e.g., a parking deck ) where a City decision would be requir·ed. If you ar·e, we will need to go before Council to have those discussions . Mr. Copenhaver stated it was his understanding that part of one of the parcels is owned by the City. Mr. Graham stated a portion of the parcel with Broadway frontage is owned by the City, but if the proposal is limited to the Acoma frontage there would be no need to involve the City. Mr. Copenhaver stated Englewood Arts was interested in having frontage on Broadway as well. Mr. Graham stated that is one of the points that will need to be discussed . Mr. Copenhaver asked if the Agreement would be a three party agreement or if the EURA would acquire the City property. How do we go about getting back to a two party agreement? Mr. Graham stated Staff has in the past suggested to Council, to make the deal easy, it be made a two party agreement and they convey the Broadway property to the EURA. They have not been receptive to that in the past. If the EURA wants Staff to go forward with that again Staff will certainly take it back to Council and ask. Chair Bertoluzzi stated he felt the City would be involved in the process at some point. Mr. Copenhaver noted that the legal name on the document is Englewood Cultural Arts Center Association , but the dba is Englewood Arts. They are one entity. 2. He asked Staff to define what "publicly owned " means in Section 1. Mr. Graham stated that is a question best answered by legal counsel. Mr. Graham stated that a public project is not required by Statute to go out to competitive bid . If it is a private project it does have to go out to bid. Mr. Copenhaver said that is a point of clar·ification which needs to be resolved because money cannot be raised until that question is answered. Mr. Graham suggested Englewood Arts contact Mr. Benedetti for clar ifi cation and help in making a determination. 3 . He noted a typo in Section 3, first sentence ... the word or should be of. 4 . He asked Staff to define "inspected " in Section 5 . Mr. Graham stated , as he reads it, it is basically a due diligence paragraph. Mr. Copenhaver asked Staff if they had a fairly recent environmental certification . Mr. Graham said there are 2 • • • a Phase I and a limited Phase II Environmental Assessment of the property that were done several years ago. He offered to provide Englewood Arts with copies. Mr. Copenhaver stated Englewood Arts' view would be that the EURA would have to agree to provide an environm entally clean property. Mr. Graham said that is the EURA Board's decision, but that Staff believes they are conveying property without environmental issues . Chair Bertoluzzi asked if Staff has a copy of the Englewood Downtown Redevelopment Plan , the Urban Renewal Plan. He said that document should define what the restrictions, c o v enants , conditions and obligations are (paragraph B, Section 5 of the Agreement). Mr. Graham stated Staff does have a copy. He stated he included the 19 points in last month 's meeting packet, but a complete copy of the document could be provided to Englewood Arts if requested. Mr. Stitt stat ed the goal of the plan was to ensure that development occurring within the Urban Renewal area met those Objectives. 5. H e stated in paragraph D . there is a requirement for the person who signs the agree ment from the Association to b e fully authorized. He asked if a separate document wa s needed . Mr. Graham stated typically you submit a copy of your Articles of Incorporation that identifies who the authorized signatories are. Chair Bertoluzzi said that could be done. Chair Bertoluzzi asked if the City currently maintains the property (i.e ., pa v es , paints the stripe s, etc.). Mr. Stitt stated he believes the Parks Department is currently responsible for the landscaping of th e property and the striping would probably be done through the Publi c Works Department. Mr. Copenha v er asked if the City has easement rights around the property. Mr. Graham referenced the AL TA Survey map provided in the meeting packet. He said before the land is con v eyed to another entity, the easements need to be reserved and/or dedicate the right- of-w ay subject to Council acceptance. He stated he believes there are three easements. Mi-. Copenhaver asked about moving the piece of art currently located on the property. Mr. Stitt said he did not believe that would be a problem. Chair Bertoluzzi asked if Parcel A is one of the properties that contribute to the Tax Increment Financing . Mr. Graham said there are no taxes collected on that property. Mr. Stitt stat ed it is within both the property and sales tax increment districts , which terminate in Augu st of 2007, according to the City's Finance Director. Mr. Co penha v er said in the Development Opportunity document there is language about the d esirability of conformance to the existing buildings and diagrams of cupolas . He said he assumed the drawings are representative and not restrictive. Mr. Graham stated that was correct. Chair Bertoluzzi had some suggestions for dates that he will discuss with the Association and feels the process can be moved along rather quickly. 3 • • • Mr. Graham asked if Staff and the EURA will be receiving something in time for the July meeting and would it be acceptable to move the July meeting to July 18 1h . Chair Bertoluzzi said that was a good idea although he said he would not be able to attend. He asked what ty p e of business Staff anticipates for the July 18 1h meeting. Mr. Graham sa id the next step would be for the EURA to review the dates Englewood Arts suggest and any changes to the Agreement. Mr. Benedetti will make the changes to the Agreement. The revised Agreement can be distributed electronically to the Authority and if the Authority approves the Agreement, a Resolution wi ll be needed from the Executive Director. Mr. Graham said with Chai1· Bertoluzzi 's vote tonight we would have a quorum to authorize the Executive Director, Mr. Stitt, to execute the Agreement if the attorney and the Authority is of consen sus through a telephone poll . He asked if that was something the Authority would want to do and perhaps make the Ju ly meeting unnecessary. Mr. Burns said he felt it was important to hold the meeting. Chair Bertoluzz i went on record to say he was not in favor of the telephone poll . He also noted chances are he would exclude himself from voting if he were in attendance at the meeting. Mr. Graham said the Authority will meet on July 18 rh without Chair Bertoluzzi . If there is a quorum he asked if the EURA could vote on a Resolution authorizing the Executive Director to enter into the Agreement and ask Englewood Arts to do a similar authorization and sign the Agreement. Chair Bertoluzzi stated that was agreeable and he would sign the Agreement shortly thereafter. I V. LE GA L COUNSEL 'S CHOICE Legal counsel was not p1·esent. V. DIRECTOR 'S CHOIC E Mr. Stitt announced the C i ty Manager has selected Mr. Alan White as the new Commun i ty Development Director. He is currently Planning D i rector in Wheat Ridge. His start date is August 13 , 2007. Chair Bertoluzzi asked who will serve as the Executive Director of the EURA. Mr. Stitt said he did not know at this time, but pres u mes it will be Mr. White. V I. COMMISSIONER 'S CHOICE There were no further comments. There was no further business to come before the Authority; the meeting was declared adjourned at 7:05 p .m. Barbara Krecklow, 4