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Home My WebLink About12/17/2003AGENDA ~ WHEAT RIDGE URBAN RENEWAL AUTHORITY December 17, 2003 Notice is hereby given of a Special Meeting to be held before the City of Wheat Ridge Urban Renewal Authority Wednesday, December 17, 2003, at 5:30 p.m., in the second floor conference room of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. (The first part of this meeting including Executive Session is scheduled to take approximately 30 minutes with New Business to begin at approximately 6:00 p.m.) Call the Meeting to Order 2. Roll Cail of Members 3. Approval of Minutes - November 25, 2003 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. New Business A. Status of Walgreens Project B. Resolution No. 10-2003, A Resolufion enacting a budget and appropriation for the year 2004 6: 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/or instructing negotiators regarding financing for the 38th Avenue & Sheridan Boulevard redevelopment project. 7. Adjournment \ MINUTESOF WHEAT RIDGE URBAN RENEWAL AUTHORITY November 25, 2003 1 2. 2. 3. 4. CALL THE MEETING TO ORDER The Wheat Ridge Urban Renewal Authority meeting was convened by Chair Hashem at 3:45 p.m. The meeting was held in the councii chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commissioners present: Commissioners absent: Norm Burkpile Mary Hashem Elwyn Kiplinger Janet Leo Tom Mallinson Terrell Williams (excused) Also attending: Alan White, WRURA Executive Director Jim Windholz, WRUItP, Attorney Ann Lazzeri, Recording Secretary APPROVAL OF MINUTES There being no additions or corrections, the minutes of November 5, 2003 were approved as written. PUBLIC FORUM No one indicated a desire to address the Authority. EXECUTIVE SESSION It was moved by Tom Mailinson and seconded by Norm Burkpile to adjourn to eaecutive session under C.R.S. Section 24-6402(4)(e) for the purpose of determining matters that maybe subject to negotiations, developing strategy for negofiations and/or instructing negofiators regarding financing for the 38t° Avenue & Depew redevelopment project. The motion passed unanimously. Theseguiar meeting was recessed to executive session which convened at 5:48 ~ p.m in the council chambers. The executive session was adjoumed at 6:15 p.m. The regulaz meeting was reconvened at 6:15 p.m. WRURA Minutes Page I 11-25-03 Those attending the executive session were: Norm Burkpile, Mary Hashem, Elwyn Kiplinger, Janet Leo, Tom Maliinson, Alan VJhite, Jim Windholz, Richazd Oneslager, and Ann Lazzeri 5. NEW BUSINESS A. Decision re¢ardin¢ the 38`h Avenue and Depew Development Proiect Richazd Oneslager, developer of Perrin's Row at 38"' and Depew, spoke to the Authority during executive session regazding possible financial assistance with the project. The only form of assistance available is taY increment through WRURA. Staff requested direction from WRURA as to whether to proceed with necessary steps to enact tax increment financing for the project. It was rooved by Tom Mallinson and seconded by Elwyn Kiplinger to direct staff to pursue the 38'h and Depew redevelopment project, working with Arne Ray to prepare a pro forma and draft an owner participation agreement. The motion passed unanimously. B. Resolution 9-2003, a resolution adoptine amendments to Relocation Policies Alan White advised members of the public that copies of the amendments were available in the back of the room. Jim Windholz reviewed each of the amendments. It was moved by Norm Burkpile and seconded by Janet Leo to adopt Resolution 9-2003, adopting amendments to the Relocation Policies. The motion passed unanimously. C. Resolution 6-2003, a resolution approvina all amendments to the DDA Alan White read Resolution 6-2003 into the record as follows Be it resnIved hv Jhe Wheat Ridge Urban Renewal Aulhoriry thut Ihe four amendments fo the Disposition and Development Agreement with Cornerstone for the Walgreens redevelopment project lhrough which includes extensions of time requirements for certain activities and the fourth pertaining to extension of the public improvements fee for remediation and contamination are hereby approved and/or prior approvals are hereby ratifted in essentially the same form as the documents accompanying this resolution. The document accompariying the resolution is the fourth amendment to the DDA. Jun Windholz reviewed each of the amendments to the DDA. Tom Mallinson stated he would be opposed to WRURA being obligated for a possible extra $50,000 in remediation costs. Jim Windholz explained that WRURA is only WRURA Minutes Page 2 11-25-03 responsible for $50,000 in remediation costs. If costs exceed $100,000, payment would be made from the 1% Public Improvements Fee. Mary Hashem suggested that language be added to the effect that "clean-up will be the least stringent for standazd re-use." Jim Windholz indicated he would add this requirement to the contract. . It was moved by Janet Leo and seconded by Norm Burkpile to adopt Resolution 6-2003 approving ail amendments to the DDA as discussed with the condition that language be added to the resolution requiring that clean- up will be the least stringent for standard re-use. The motion passed unanimously. D. Resolution 7-2003, a resolution autborizin¢ retention of Don Ostrander for eminent domain services. E. These two items were presented by Jim Windholz. Resolution 7-2003 would authorize retention of Don Ostrander at a rate of $225.00/hour to assist with acquisition of properties and the use of eminent domain litigation if necessary. Resolution 8-2003 would authorize retention of H.C. Peck & Associates for the purpose of negotiating with property owners for acquisition of property. Mr. Windholz explained that most relocation negotiations would be handled by staff. However, for legal reasons, a firm such as this must be retained in the case litigation occurs. It was moved by Elwyn Kiplinger and seconded by Tom Mallinson to adopt Resolution 7-2003 authorizing retention of Don Ostrander for eminent domain services. The motion passed ananimously. lt was moved by Elwyn Kiplinger and seconded by Janet Leo to adopt Resolution 8-2003 authorizing retention of H. C. Peck & Associates, Inc. for acquisition and relocation services. The motion passed unanimously. 6. OTHER MATTERS - PUBLIC FORUM Chair Hashem re-opened the public forum portion of the meeting and asked if there were any present who wished to address the Auihority. There was no response. WRURA Minutes Page 3 11-25-03 6. ADJOURNMENT It was moved by Tom Mallinson and seconded by Janet Leo to adjourn the meeting at 6:42 p.m. The motion passed unanimously. Mary Hashem, Chair Ann Lazzeri, Secretary WRURA Minutes Page 4 11-25-03 WHEAT RIDGE URBAN RENEWAL AUTHORITY RESOLUTION N0. Series of 2004 TITLE: A RESOLUTION ENACTING A BUDGET AND APPROPRIATION FOR THE YEAR 2004. WHEREAS, C.R.S. 29-1-103 (1) of the "Local Government Budget Law of Colorado° requires certain local governmental entities to prepare and adopt an annual budget; and WHEREAS, the Attorney for the Authority has opined, by memorandum dated August 29, 2001, that the provisions of the Budget Law do apply to the Authority; and WHEREAS, notice of adoption of this 2004 budget and appropriation was given by the Urban Renewal Authority in compliance with C.R.S. 29-1-106; and WHEREAS, in compliance with the provisions of the Budget Law regarding notice, objections, and hearing, a public hearing was held on this Budget and Appropriation for 2004 by the Authority on December 17, 2003. THEREFORE, BE IT RESOLVED by the Wheat Ridge Urban Renewal Authority as follows: Section 1. The year 2004 budget as shown on Exhibit 1 and Exhibit 2 attached hereto is hereby approved. Section 2. Total expenditures of the Authority do not exceed available revenues and beginning fund balance. Section 3. A certified copy of this resolution shall be filed with the Division of Local Government. ADOPTED the 17th day of December , 2003. ATTEST: Secretary to the Authority WHEAT RIDGE URBAN RENEWAL AUTHORITY Chair CADwumen6 and StlungsWan\YIy Documents\WPFIes\CRAI'A03 budget res.wpd EXHIBIT 1 WHEAT RIDGE URBAN RENEWAL AUTHORITY Town Center Fund ACTUAL 2002 EST. 2003 BUDGET 2004 BEGINNING FU ND BALANCE $159,487 $337,869 $159,019 Revenues 37-500-00-501 Property Tax Increment $243,524 $242,000 $250,000 37-500-00-504 Sales Taxlncrement $69,987 $20,000 $30,000 37-580-00-581 Interest $3,506 $3,800 $3,000 Miscellaneous 120 979 $0 • ~-o TOTAL REVENUE $597,483 $603,669 $442,019 Personnel 37-120-600-602 Salaries $0 $0 $0 37-120-600-625 FICA $0 $0 $-0 Total Personnel $0 $0 $0 Supplies 37-120-650-651 Office Supplies $25 $50 $200 37-120-650-654 Printing & Photocopying $738 $200 $1,000 37-120-650-655 Postage $0 0 300 Total Supplies $763 $250 $1,500 Services 37-120-700-702 Conference & Meetings $318 $400 $1,000 37-120-700-706 Dues, Books, Sub $3,291 $3,300 $3,300 37-120-700-740 Mileage $0 $0 $0 37-120-700-750 Professional Services $178,440 $175,000 $40,000 37-120-700-758 City Reimbursement $13,063 $8,000 $5,000 37-120-700-799 Misc. 272 200 200 Total Services $195,384 $186,900 $49,500 Capital 37-120-800-801 Acquisition & Relocate $0 $0 $0 37-120-800-872 Site Improvements $0 $0 $0 Payment to Fire District $14,553 $15,000 $16,000 37-120-800-872 PTI - Marketplace $48,914 $17,500 $0 Transfer to Walgreens Project Fund $225,000 $200,000 37-120-800-899 Unallocated $0 $0 0 Totai Capital $63,467 $257,500 $216,000 TOTAL EXPENDITURES $259,614 $444,650 $267,000 ENDING FUND BALANCE $337,869 $159,019 $175,019 URA 2004 Budget EXHIBIT 2 WHEAT RIDGE URBAN RENEWAL AUTHORITY Walgreens Project Fund EST. 2003 BUDGET 2004 BEGINNING FUND BALANCE $0 $185,100 Revenues 37-500-00-501 Property Tax Increment $0 $0 37-500-00-504 Sales Tax Increment $0 $0 37-580-00-581 Interest $0 $0 Sale of Property $0 $1,412,000 Loan $0 $562,384 Transfer from Fund 37 225 000 200 000 TOTAL REVENUE $225,000 $2,359,484 Services 37-120-700-702 Conference & Meetings $0 $0 37-120-700-706 Dues, Books,Sub $0 $0 37-120-700-740 Mileage $0 $0 37-120-700-750 Protessional Services $0 $0 37-120-700-758 City Reimbursement $0 $0 37-120-700-799 Misc. 100 100 Total Services $100 $100 Capital 37-120-800-801 Acquisition & Relocate $0 $2,150,000 37-120-800-872 Site Improvements $0 $0 Loan Payment $0 $200,000 Loan Closing Costs 39 800 $0 Total Capital $39,800 $2,350,000 TOTAL EXPENDITURES 39 900 $2.350,100 ENDING FUND BALANCE $185,100 $9,384 URA 2004 Budget WINDHOLZ & ASSOCIATES ATTORNEYS AT LAW 1650 38TH STREEI' SUI7"E 103 WEST BOULDER, COLORADO 80301 JAMES A. WINDHOLZ, P.C. DAVID S. WILLIAMSON WILLIAM P. HAYASHI E-MAIL MEMORANDUM TO: FROM: DATE: Jeff Bailey Jim Windholz December 11, 2003 Telephone: (303) 443-3100 F~: (303) 443-7835 RE: NEGOTIATIONS FOR ACQUISITION RELOCATION I understand you have just contacted Ron Lorenz again to urge that the initial offer to Mr. Mandril should be greater. As we discussed with you on December 9b, Mr. L,orenz and Mr. Ostrander are agents of WURA and no other party. While your suggestions are sincere, W[.7RA has confidence in Mr. Lorenz and Mr. Ostrander anc is very mindful of its budget and time constraints. We will function in accordance with these considerations and will utilize our experience of many years in urban renewal projects to successfully complete this particular project. Once again, please direct your comments/communications to/through me and not Mr. Lorenz or Mr. Ostrander. You will be kept advised as to the status of negotiations on a regulaz basis and I will discuss details with you. Further, any communication you may initiate with the property owners and relocatees may cause negative ]egal consequences and hinder our work. Thank you for understanding how this process must be conducted. JAW/dr c: WURA Board of Commissioners Alan White Don Ostrander, Esq. 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