HomeMy WebLinkAboutMINUTES Estes Park Urban Renewal Authority 2008-02-25RECORD OF PROCEEDINGS
Town of Estes Park, Larimer County, Colorado, February 25, 2008
Minutes of a Special meeting of the ESTES PARK URBAN RENEWAL
AUTHORITY of the Town of Estes Park, Larimer County, Colorado.
Meeting held in the Municipal Building in said Town of Estes Park on
the 25th day of February, 2008.
Commissioners:
Attending;
Also Attending:
Absent;
Chairman Swank, Commissioners Cope, Ericson, Halburnt,
Little, Steige, and Wilcocks
Chairman Swank, Commissioners Cope, Ericson, Halburnt,
Little and Wilcocks
EPURA Dir. Smith, Attorney Paul Benedetti, Deputy Town
Clerk Deats
Commissioner Steige
Chairman Swank called the meeting to order at 8:05 a.m.
Chairman Swank stated that the purpose of the special meeting is to reach an
agreement regarding the extension of the Riverwalk through the Park Theater Mall with
the owner of the Mall, Sharon Seeley.
REQUEST TO ENTER EXECUTIVE SESSION
24-6-402(4Xe), C R.S. - For the purpose of determining positions relative to matters
at may be subject to negotiations, developing strategy for negotiations, and/or
instructing negotiators.
It was moved and seconded (Ericson/Wilcocks) the Estes Park Urban Renewal
Authority enter Executive Session for the purpose of determining positions
re ative to matters that may be subject to negotiations, developing strategy for
negotiations, and/or instructing negotiators, under C.R.S. Section 24-6-402(4)(e).
PafuSTiI5jef4 M tneA ne9°?iations is the Redevelopment Agreement relative to the
Park Theater Mall Area Riverwalk, and it passed unanimously.
Chairman Swank adjourned the meeting to executive session at 8:08 a.m.
Chairman Swank reconvened the meeting to open session at 8:57 a.m.
gjSCUSSION RELATED TO THE PARK THEATER MALL AREA RIVERWALK
Per a request from Chairman Swank as to progress that has been made on the project
e)yectedftimetable for completion, John Spooner, Van Horn Engineering, stated
that the design for the north and south retaining walls and the south walkway are
approximately 98% complete, the design for the bridge and handicap ramp are
approximately 95/o, and stated that Van Horn Engineering is not involved in the design
changes to the mall itself. Randy DeMario, President of Heath Construction, addressed
the construction related to the work in the river, and stated that work in the river must
continue without delay in order to finish by April 15th and avoid any problems that might
be associated with early runoff and high water levels in the channel. He also stated that
If work began on the mall by March 1, he would anticipate it could be concluded by mid-
June, with landscape and beautification type projects still ongoing at that time.
Chairman Swank reported that Atty. Benedetti reviewed the changes to the original
development agreement made by Ms. Seeley’s attorney Judson Hite and found the
document to be one-sided, open-ended, and unacceptable due to the risks involved.
Discussion among the Commissioners followed and is summarized: due to delays
construction schedule is not on track; revised contract not acceptable to move forward
RECORD OF PROCEEDINGS
Estes Park Urban Renewal Authority - February 25, 2008 - Page 2
with; not enough time to re-negotiate development agreement and still have time to
complete project before tourist season; complete work on the north wall; what work can
successfully be accomplished before the Memorial Day weekend; reviewed the contents
of the motion made at the February 20th meeting; and possibly re-authorize work at a
later date.
Dir. Smith stated that EPURA’s goal to complete the Riverwalk throughout the
downtown area will not be realized without the connection through the Park Theater
Mall and that if an agreement cannot be reached no further monies should be spent on
the project.
Sharon Seeley stated that the extension of the Riverwalk through the Mall is a project
unlike any other previously undertaken by EPURA, since it involves construction on
private property. She stated that she cannot sign a generic development agreement
and must consider her tenants and prime time for renting her retail spaces. Atty. Hite
stated that Ms. Seeley had originally contacted him regarding an easement to the Town
related to the project. He stated that there are many things that must be included in the
document which will take time to negotiate and possibly precludes the project from
being completed at this time. He stated that he would not advise his client to go forward
with work in the Mall.
Atty. Benedetti reiterated that EPURA is not in a position to accept the risks that are
present in the revised contract. In addition, he added that the indemnity clause in the
original agreement requires revision, as normally a public body cannot indemnify
unconditionally and insurance would be required to eliminate risk being imposed on
EPURA. He stated that he cannot recommend going fonward with either agreement.
Discussion ensued on the following topics: revised agreement contained a list of
construction projects related to the mall that EPURA cannot provide; parties too far
apart to re-draft agreement in a timely manner; status of the agreement for work to
begin on north and south river wall; closure of businesses along the river for
construction purposes; loss of rentable retail space within the mall and its estimated
value; value-added by improvements more than compensates for loss of 176 sq. ft.; and
money should not be spent on Phase II, if agreement does not exist to complete Phase
III.
It was moved and seconded (LittleAA/ilcocks) to approve the completion of Phase I
work on the north river wall and table Phase II and Phase III for further discussion
and until an adequate development agreement can be reached, and it passed.
Those voting “Yes” Cope, Halburnt, Little and Wilcocks. Those voting “No” Ericson.
Whereupon, Chairman Swank adjourned the regular meeting at 9:45 a.m.
CynlhiaJDeats, Deputy Town Clerk