HomeMy WebLinkAbout11/25/2003REVISED AGENDA
November 25, 2003
Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Urban
Renewal Authority Tuesday, November 25, 2003, at 5:30 p.m.. in the City Council Chambers
the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. (The first part of th
meeting including Executive Session is scheduled to take approximately 30 minutes with New
Business to begin at approximately 6:00 p.m.)
2. Roll Call of Members
ME= 111SEMMEEM
4. Public Forum (This is the time for any person to speak on any subject not appearing on
the agenda. Public comments may be limited to 3 minutes.)
5. Executive Session under C.R.S. Section 24-6-402(4)(e) for the purpose of determining
matters that may be subject to negotiations, developing strategy for negotiations and
instructing negotiators regarding financing for the 38 Avenue & Depew
redevelopment project. I
MINNOOMM=
A. Decision regarding the 38' Avenue and Degew DeveloRmeft Proiect
unnncmi�
AGENDA
WHEAT RIDGE URBAN RENEWAL AUTHORITY "
November 25, 2003
Nofice is hereby given of a Special Meeting to be held before the City !of Wheat Ridge Urban
Renewal Authority Tuesday, November 25,2003, at 5:30 p.m., in the City Council Chambers of
the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. (The first part of this
meefing including Executive Session is scheduled to take approximately 30 minutes with New
Business to begin at approximately 6:00 p.m.)
i'. Call the Meeting to Order
2.! Roll Catl of'Members
3. Approval of Minutes - November 5, 2003
4. Public Forum (This is-the time for any person to speak on any subject not appearing on
t6e agenda.'Public comments may be limited to 3 minutes.)
5. Executive Session under C.R.S. Section 24-6-402(4)(e) for the pnrpose of determining
matters that may 6e subject to negotiations, developing strategy-for negotiations and/or `
instructing negotiators regarding financing for the 38th Avenue & Depew
redevelopment project.
6.- New Business
A. Decision regarding the 38tn Avenue and'Depew Development Project
B. Resolufion No. 6-2003, A Resolution approving all amendments to the DDA
C. Resolution No. 7-2003, A ResoluHon authorizing retenHon of Don Ostrander for '
eminent'domain services
D. Resolution No. 872003, A Resolutiom authorizing retention of H.C. Peck &
Associates Inc. for acquisition and relocation services '
7.; Adjournmenf
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~ - MINUTES OF
WHEAT RIDGE URBAN RENEWAL AUTHORITY
November 5, 2003
1. CALL THE MEETING TO ORDER
The Wheat Ridge Urban Renewal Authority meeting was reconvened by Chair
Hashem at 5:40 p.m. The meeting was held in the council chambers of the
Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Commissioners present: Vance Edwards
Mazy Hashem
Elwyn Kiplinger
Terrell Wiliiams
Commissioners absent: Norm Burkpile (excused)
Janet Leo (absent)
Tom Mallinson (excused)
Also attending: Alan White, WRURA Executive Director
Kathy Field, Recording Secretazy
2. APPROVAL OF MiNUTES
There being no additions or corrections, the minutes of October 21, 22 & 27, 2003
were approved as written.
3. PUBLIC FORUM
No one indicated a desire to address the Authority.
4. EXECUTIVE SESSION
It was moved by Vance Edwards and seconded by Terrell Williams to
adjourn to execufive session under C.R.S. Section 24-6-402(4)(e) for the
purpose of determining matters that may be subject to negotiations,
developing strategy for negotiations and/or instructing negotiators regarding
financing for the 38tn Avenue & Sheridan Boulevard redevelopment project.
The motion passed unanimously.
The regular meeting was recessed to executive session at 5:50 p.m. The executive
session was convened at 5:55 p.m. The executive session was adjourned at 6:50.
~ The regulaz meeting was reconvened at 6:52 pm.
WRURA Minutes Page 1
I1-OS-03
Those attending the executive session were: Vance Edwards, Tom Mallinson,
Mazy Hashem, Elwyn Kiplinger, Terrell Williams, Alan White, Jim Windholz,
and Kathy Field.
5.
A. Approval of Financing AQreement
Jun Windholz presented this resolution which was reviewed by the Authority
during the executive session. He stated that the changes will be submitted to the
lender tomorrow for consideration and the final document should be ready for
execution by the Authority chair tomorrow or Friday.
It was moved by Vance Edwards and seconded by Terrell Williams to adopt
Resolution No. 05-2003, approving, with changes, the note and financing
agreement with Cornerstone Group XXII., LLC for the development of the
Walgreens project. The motion passed unanimously.
B. Anproval of 3Id Amendment to DDA
Chair Hashem explained that this resolution would amend the schedule of
performance and authorize the extension of a financing date to November 15,
2003 and extension of the closing date to May 1, 2004.
It was moved by Terrell Williams and seconded by Vance Edwards to adopt
Resolution 06-2003 approving the 3~d Amendment and all previous
amendments to the Disposition and Development Agreement with
Cornerstone Group. The motion passed unanimously.
OTHER MATTERS
Eminent Domain Attornev
Jim VWindholz advised the Authority that lie had conferred with Don Ostrander, an
attorney specializing in eminent domain. He requested authorization to retain Mr.
Ostrander to woik with WRURA until the next meeting when a formal resolution
authorizing retention of Mr. Ostrander will be adopted.
It was moved by Vance Edwards and seconded by Elwyn Kiplinger to
authorize Jim Windholz to retain Don Ostrander as an eminent domaiu
attorney for the Urban Renewal Authority. The motion passed unanimously.
Jim Windholz explained that Mr. Ostrander would recommend a person to serve
as a right-of-way agent who would negotiate relocation and/or eminent domain
with property owners. Mr. Windholz asked the Authority for authorization to
WRURA Minutes Page 2
I1-OS-03
work with this person until the next meeting when a formal resolution will be
adopted.
There was a consensus to wait until a later date to authorize a right-of-way agent.
End of Terms
Since his council term as well as his membership on the Urban Renewal
Authority was ending, Vance Edwards stated that he had enjoyed working with
members of the Authority and expressed his appreciation for their hard work and
dedication.
Although Elwyn Kiplinger had previously announced he wouid not be re-applying
to serve on WRURA after this date, he offered to continue to serve until his
replacement is appointed. His offer was accepted by the Authority.
6. ADJOURNMENT
The meeting was adjourned by Chair Hashem at 7:02 p.m.
Mary Hashem, Chair
Kathy Field, Secretary
WRURA Minutes
11-OS-03
Page 3
Wheat Ridge Urban Renewal Authority
7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303235-2846 303-2352857 (Fax)
TO: Urban Renewa] Authority Board Members
FROM: Alan White, Executive Directoram
RE: Perrin's Row
DATE: November 21, 2003
The developer of Perrin's Row at 38`h and Depew has approached the City about possible
financial assistance with the project. This is a mixed use (commercial and residential)
project approved by Council.
The only form of assistance available is tax increment through the Urban Renewal
Authority. The existing sales and property tax bases aze low, so there may be an
opportunity for the Authority to provide assistance. Enacting the tax increment will
require an amendment to the Redevelopment Plan, with approval by Council. It will also
require the prepazation and adoption of a development agreement.
The developer is preparing projections of sales and property taac increments. I am
forwarding this information to Ame Ray for review. Upon a cursory review, it appears a
property tax increment would provide enough funding to close the gap in the developer's
financing.
Staff is requesting direction from the Board as to whether to pursue the necessazy steps to
enact tax increment financing for this project.
Wheat Ridge Urban Renewal Authority
7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303235-2846 3034352857 (Fax)
TO: Urban Renewal Authority Board Members
FROM: Alan White, Executive Director w
RE: Fourth Amendment to DDA; Resolutions Approving Amendments to
DDA
DATE: November 21, 2003
Jim is preparing these memoranda. They will be available at the meeting on Tuesday.
Attached is the Fourth Amendment to the DDA.
DRAFT
FOURTH AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT
November , 2003
The parties to the Disposirion and Development Agreement, effective May 1, 2003, as
amended (DDA), hereby agree to the following amendment of the DDA:
WHEREAS, the parties have entered into an Agreement For Imposition and
Utilization Of Public Improvements Fee (PIE) effective November , 2003, which
Agreement is incorporated herein and made part hereof; and
WHEREAS, the PIF is a 1% fee on all commercial, retail sales at the Walgeen's store
only at the 38"' Avenue and Sheridan Boulevazd location within the City of Wheat Ridge,
Colorado (City); and
WIiEREAS, the PIF is imposed and utilized to pay some of the Authority's financial
obligations related to costs for public improvements associated with the redevelopment of the
site for the Walgreen's store; and
WHEREAS, such public improvements include, by illustraUOn, extraordinary costs to
remediate contamination of the soils and/or improvements at the site, upon which the
Walgreen's store will be located; and
WHEREAS, in accordance with the DDA, the Authority has agreed to share equally
with the Developer such remediation costs to a maximum sum of $50,000.00; and
WHEREAS, because the parties have been unable to access and inspect the enure site,
it is possible that said remediation costs may exceed the total anUCipated costs of $100,000.00;
and
WIIEREAS, the parties are desirous of providing for the revenues to help pay the
Authority's share of the potential extraordinary costs of public improvements, including said
remediation; and
WEEREAS, the Authoriry and the City have entered into an Intergovemmenta]
Ageement dated October 28, 2003 to, among other matters, collect and pay to the Authority
the PIF to pay the Authority's financial obligations for public improvements related to the
Walgreen's project; and '
WF3EREAS, the Authority and Developer are desirous of amending the DDA to
provide that the costs of remediation of contamination in excess of $100,000.00 shall be an
obligation of the Authority; however, payable solely and exclusively from the P1F and no
other source of money or revenue whatscever; and
WfIEREAS, to effect this modification, the parties amend the DDA in the following
respects:
1. All capitalized terms, not otherwise defined herein, shall have the
same meanings provided in the DDA or applicable agreement.
2. The costs of remediation of contanunation at the Walgreen's
Redevelopment project in excess of $100,000.00 shall be the financial obligation of
the Authority; subject however, to payment therefore solely and exclusively from the
i% PIF imposed upon all commercial retail sales at the Walgreen's store only.
3. The revenues from such PIF shall be used for such remediation costs
only after all financial obligations of the Authority have been fully and completely
satisfied to the sole satisfacdon and determination of the Authority pursuant to its
financial obligations under the Loan Agreement and Note between the Authority and
the Developer, dated November , 2003, which instruments are
incorporated herein and made part hereof.
4. The Developer shall provide the Authority with a detailed accounting,
including receipts and supporting data, of the costs of such remediation upon
completion thereof by the Developer.
5. Consistent with the said PIF Agreement, L,oan Agreement and Note,
the PIF revenues shall be used to pay the Authority's financial debt for costs related to
the Walgreen's Redevelopment project.
6. Upon full payment and satisfaction of the financial obligations
described in the Loan Agreement, Note and this Amendment to the DDA, and as
subject to de[ermination by the Authority, and verified in writing by the Developer of
full payment for all such financial obligations, the PIF imposition and uUlization upon
Walgreen's retail shall cease.
All other provisions of the DDA, as amended, and except as amended hereb}',
shall be in fuli force and effect.
Wheat Ridge Urban
"
Renewal Authority
The Cornerstone Group,
XXII, L.L.C.
By:
Chair
By: The Cornerstone Group I, Inc.
Manager
ATTEST:
Secretary
STATE OF COIARADO
COIJNTY OF JEFFERSON
)
)ss.
)
The foregoing instrument was aclmowledged before me the day of
, 2003, by as Chair, and
as Secretary of the WIMAT RIDGE URBAN RENEWAL
AUI'HORITY.
WTTNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF ILLINOIS )
) ss
COUNTY OF COOK )
I, a Notary Public, do hereby certify that , personally lmown to me
to be the of THE CORNERSTOIVE GROUP I, INC., an IDinois
corporaUOn, the sole Manager of THE CORNERSTONE GROUP XXII, L.L.C., a
Delaware limited liability company, and personally Irnown to me to be the person whose name
is subscribed in the foregoing instrument, appeazed before me this day in person and
acknowledged that he signed and delivered the said instrument as of The
Comerstone Group I, Inc., the sole Manager of The Cornerstone Group XXII, L.L.C.,
pursuant to authority, as his free and voluntary act, and as the free and voluntary act and deed
of said corporation and limited liability company, for the purposes therein set forth.
Given under my hand and notarial seal the day of , 2003.
Notary Public
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Letter to the Editor November 5, 2000
I live in Wheat Ridge and an event happened this pasYweek that makes many other
residents and me very angry. At the City Council Meeting on Monday October 29 the
issue of building a Walgreen store on the SW corner of 38`h and Sheridan was discussed
to decide if the Walgreen Store was actually going to be built. There were 90 people at
the meeting who opposed the building and rivo that were for it. Unfortunately the voice of
the people doesn't mean a thing because the Urban Renewal is going to build the
Walgreen Store anyway against the wishes of the residents. Building this store means that
the three existing successful businesses that have been in business for over 30 years will
have to be tom down. The Urban Renewal feels the azea is blighted and needs to be
improved and also that a Walgreen Store will generate more ta3c money for the city of
Wheat Ride than the existing businesses generate. They also feel that with a Walgreen
Store at 38~ and Sheridan it will attract business from the people who aze living in the
houses and apartments that have been built on the old Elitch property. VJheat Ridge
already has a Walgreen Store at 44th and Wadsworth that is exactly two miles from where
the new one is to be built. I don't see why those people need to have a store that is
practically built on their doorstep. If those people want to go to a Walgreen Store it surely
isn't too far for them to drive two miles to shop at 44`h and Wadsworth.
I am ashamed of the Urban Renewal Board, Planning Commission, City Council and
Mayor that doesn't respect or aze even concemed about the wishes of the residents and
owners of the properties that have to be removed to make way for this new building. I for
one will stop patronizing Waigreens.
I was also told by one of the owners of the business on the S W corner of 38h and
Sheridan that another Walgreen Store will be built at on the NW corner of Co1faY and
Sheridan - less than two miles away.
There is a Wala een Store on Colfax and Kendall that is less than one mile from Colfaic
and Sheridan To me that seems like an awful ]ot of Walgreen Stores to have in an area of
exactly 7.8 squaze miles.
An angry Wheat Ridge resident
N<`•'.
;
-
~
November 5, 2003
Walgreens
200 Wilmont Road
Deerfield IL 60015
To whom it may concern,
I understand that a Walgreen Store is being planned for 38`" and Sheridan in
Wheat Ridge Colorada Other people that I have talked to are angry and
disgusted that another Walgreen Store is planned when one is already at 44th,
and Wadsworth in Wheat Ridge. I can see no reason to build another one so
close to the existing one. At the City Council meeting that was held on
October 29 there were 90 people who were against it and only two people
for it. The meeting was a waste of time because the Urban Renewal Board e
went ahead and fmalized building the Walgreen Store. Apparently the
wishes of the residents don't count. I'm ashamed of the City Government
that we have in Wheat Ridge they seem to have no regard for the interests of
the residents living here. It makes no sense to me that your big corporation
feels the need to dislocate small businesses that have been operating in that
location for 30 or 40 some years. Have vou no concern for the small
business aeople? Don't small business people deserve to make a living?
OBVIOUSLY NOT!
What if you were in their shoes how would you like it if some big GREEDY
CORPORATION came and told you that your are no longer allowed to
make a living for yourself because the high and mighty corporations need
more money.
I am also told that another Walgreen Store is going to be built at Colfax and
Sheridan which is only 13 blocks from the one at 38`'and Sheridan and less
than one mile from a Walgreen Store that already exists on Colfax and
Kendall in Lakewood. Is it necessary to have a Walgreens on every street
comer? I don't think so. That will make four Walgreen Stores in an area of
exactly 7.8 square miles of each other. Exactly 2 miles from 44d' and
Wadsworth to 38'b and Sheridan; exactly 1.9 miles from 38'h and Sheridan to
Colfax and Sheridan; exactly 0.7 miles from Colfax and Sheridan to Colfax
and Kendail; and exactiy 3.2 miles from Colfax and Kenda1144th and
Wadsworth. Why don't you fmd somepiace where there isn't a Walgreen
Store and build one there? I'm sure there are many other blighted places
where there isn't a Walgreen Store.
On October 301h I returned $8439 worth of inerchandise that I have
purchased at a Walgreen Stare. On November 2°d I returned another $31.85
item. I do not want any more Walgreen products in my house. I will never
buy another product at a Walgreen Store. I have been a loyal customer of
Walgreens for many years but not any more. A greedy corporation that has
so much money already doesn't need my HARD EARNED MONEY.
I am thoroughly disgusted with big corporations that seem to have no feeling
far the small business owners. I saw what happened to the retirement home
where my mother lived when a large corporation took over. When she first
moved there the owners were concerned about the residents, they checked
on them if they didn't come to meals or if they were sick, they wanted to
know if any resident was going to be gone for any length of time. Then the
big corporation took over and their quality of life went downhill fast. It was
run like an instir.ition rather than a caring, concemed arid loving place that
people chose to live in for their retirement years. The loving concern for the
resident went right out the window. Activities the residents enjoyed and
were used to were discontinued and the only thing the managers were
interested in was getting the rent on time. They had no concern for the
residents and their well being.
I feel sorry for people who have to give up their business or homes just so a
GREEDY corporation can build another Walgreen Store in their place. I
don't blame them for protesting. I don't live in that area but I am supporting
them in their protest.
I wonder how the Urban Renewal Board, City Council Members and the
Ivlayor of Wheat Ridge would like it if they had a successful business and
some big GREEDY corporation came along and said "sorry but you've got
to go your not entitled to make a living, room has to be made for a bigger
and better business to be built on your property, you don't deserve to have a
successful business - too bad your just out of luck". I bet not a one of them
would like it.
I don't suppose that VJalgreen's has any plans to rebuild and relocate the
people that they are running out of business or out of their homes, or are
they just plain out of luck.
2
I thought this was a free country where a person could make a living without
being run out of business by some GREEDY corporation. But obviously I
am mistaken.
I am enclosing some articles from the Wheat Ridge Sentinei regarding the
issue of a Walgreen Store and the people they are putting out of business.
Enc.
cc: Urban Renewal and City Planning Office, Wheat Ridge City Hall
An angry Wheat Ridge Citizen
i
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