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HomeMy WebLinkAbout01/29/2004AGENDA WHEAT RIDGE URBAN RENEWAL AUTHORITY January 29, 2004 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Urban Renewal Authority on Thursday, January 29, 2004, at 5:30 p.m., in the second tloor conference room of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. i. Call the Meeting to Order 2. Roll Call of Members 3. Approval of Minutes - January 13, 2004 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. Consideration of Contract to Acquire Property B. Perrins Row Owner Participation Agreement 6. Executive Session under C.R.S. Section 24-6-402(4)(e) for the purpose of determining matters that may be sub,ject to negotiations, developing strategy for negotiations and/or instructing negotiators regarding acquisition of properties for the 38`h Avenue and Sheridan Boulevard redevelopment project. Adjournment MINUTES OF WHEAT RIDGE URBAN RENEWAL AUTHORITY January 13,2004 1. 2. 3. 4. CALL THE MEETING TO ORDER The Wheat Ridge Urban Renewal Authority meeting was called to order by Mazy Hashem, Chair, at 535 p.m. The meeting was held in the second floor conference room of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. ROLL CALL OF MEMBERS Commissioners present: Norm Burkpile Mazy Hashem Elwyn Kiplinger Janet Leo Commissioners absent: Tenell Williams (excused) Tom Mallinson (excused) Also attending: Alan White, WRURA Executive Director Jim Windholz, WRURA attorney Gcetchen Cerveny, Mayor Jeff Bailey, Cornerstone Group Joe Drew; Citizen Chuck Mandril, Casman's Automotive Ann Lazzeri, Recording Secretary APPROVAL OF MINUTES There being no additions or corrections to the minutes of December 17, 2003 they stood approved as presented. PUBLIC FORUM Joe Drew 6660 West 29"h Avenue Mr. Drew expressed his opposition to the 38"' and Sheridan project and asked the Authority to reconsider and halt progress on the project. (Mr. Drew also submitted copies of his written comments concerning this matter.) Based upon his previous experience on the Authority with the Times Square redevelopment project, he cited several differences between the two projects. (1) The 38`h and Wadsworth project exhibited obvious blight. (2) There were 34 ownerships (including leases, subleases, etc.) that could not have been resolved without the WRURA Minutes Page 1 01-13-04 use of eminent domain. These people were relocated and fairly compensated; however, he expressed regret that the owner of Falcon Car Wash was put out of business. There are only five landowners in the 38~' and Sheridan who did not indicate a willingness to sell when approached by developers. (3) Since the legislature is considering redefining "blight" when associated with urban renewal, he asked the Authority to postpone any action until a decision has been reached. (4) The proposed sales tax revenues from Walgreens should be more carefully considered since there aze several other Walgreens in the area and a King Soopers directly across the street. The loyalty of a multi-billion corporation to the city should be taken into consideration. (5) There are moral and ethical issues involved when the Authority decides the best use for the land is to replace five long-standing businesses with a lazge corporation. (6) Consideration should be given to the amount of public support for this project. He asked the Authority to poll City Council to see if they support the project. Mary Hashem commented that revitalization of 38`h Avenue is necessary for the vitality of the city. Janet Leo commented that ground contamination is an important blight issue to be considered. Chuck Mandril commented that 38`h Avenue from Harlan to Sheridan is contaminated from former gas stations and that serious problems were encountered when the city installed new pipe along 38`h Avenue. He also expressed disappointment with the amount of money offered to him by the Authority: Mary Hashem informed Mr. Mandril that the Autliority is working to find another suitable location for Mr. Mandril's business. Mr. Mandril indicated that he would like to work with the city to reach a settlement that is agreeable to both parties. Mayor Cerveny expressed appreciation to members for serving on the Urban Renewal Authority. She also invited Authority members to attend the City Council study session on January 20''. State Senator Keller and State Representative Jahn have requested to be on the agenda to discuss urban renewal. 5. NEW BUSINESS A. Authorization for Contribution to CCRA (Colorado Communitv Revitalization Association) CCRA has requested contributions from its members to hire a consultant to prepare analyses of the beneficial public impacts of using condemnation for urban renewal projects. WRURA Minutes Page 2 01-13-04 It was moved by Elwyn Kiplinger and seconded by Janet Leo to authorize WRURA to make a$500 contribution to CCRA. The motion passed unanimously. B. Update on Perrins Row Jim Windholz informed the Authority that an agreement has been prepared with the developer of Penins Row and should be ready for the Authority's consideration at the next meeting. C. Jeff Bailev Mr. Bailey questioned a memo he received from Jim Windholz regarding financing. Jim Windholz explained that Tim Sullivan had requested copies of all of the contracts because he needed to supply the information to his lender. This request caused concern that the financing was not in place and therefore prompted the memo. Mr. Bailey stated the financing is in place but the lender needs to know about relocation, eta Mr. Windholz assured Mr. Bailey that he would be kept up to date on all progress. 6. EXECUTIVE SESSION It was moved by Janet Leo and seconded by Norm Burkpile to adjourn to 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 strateg,y for negotiations and/or instructing negotiators regarding acquisition of properties for the 38th Avenue and Sheridan Boulevard redevelopment project. The motion passed unanimously. The meeting was adjourned to executive session at 6:37 p.m. Those present for the executive session were Norm Burkpile, Elwyn Kiplinger, Janet Leo, Mary Hashem, Alan White, Jim Windholz and Ann Lazzeri. The executive session was adjourned at 6:50 p.m. WHEAT RIDGE TOWN CENTER Alan White provided yearend sales tax figures for the Wheat Ridge Town Center for the Authority's information. ADJOURNMENT The regular meeting was adjourned at 6:54 p.m. Mary Hashem, Chair Ann Lazzeri, Secretary WRURA Minutes Page 3 01-13-04 DRAFT OWNER PARTICIPATION AGREEMENT THIS AGREEMENT ("Agreement") is made as of , 2003, by and between the WHEAT RIDGE URBAN RENEWAL AUTHORITY ("WURA") and ("Developer"). 1. Acquisition of the Site. To assist WURA in canying out the 38ffi Avenue Corridor Redevelopment Plan ("Plan°), the Developer agrees to acquire fee simple, marketable title to the following described property, which property, including the buildings and existing improvements thereon, is hereinafter called the "Site": City of Wheat Ridge ("City"), County of Jefferson, State of Colorado for the purpose of rehabilitating and redeveloping the Site. The Developer shall complete acquisition of the Site on or before (the "Closing"). 2. Developer's FinancinE. Thirty (30) days prior to the Closing, the Developer shall obtain financing ("Developer's Financing") from (the "Lender") sufficient to acquire and rehabilitate the Site by constructing the improvements ("Improvements") described in Attachment No. 1. The Developer's Financing must include the equity required by the Lender. All documents pertaining to the Developer's Financing shall be subject to written approval by WURA prior to the Closing. 3. Imurovements. The Improvements consist of the Private Improvements and the Eligible Improvements. The Developer shall commence construction of the Improvements within thirty (30) days after the Closing and Complete Conshuction of the Improvements on or before ."Complete Construction" or "Completion of Construction" means delivery of a final certificate of occupancy by the City. All construction shall conform with plans and specifications prepared and submitted by the Developer and approved by WURA in writing priar to the Closing. Prior to commencing construction the Developer shall obtain any and all permits required by the City and any other governmental agency having jurisdiction. The Developer shall document and submit to WURA certified records of all costs, including invoices received and clearly identifiable as related to the design and construction of the Eligible Improvements. 4. Reimbursement Obli2ation. WURA will reimburse (the "Reimbursement Obligation") the Developer's Lender for loaning and guazanteeing the funds to construct the Eligible Improvements from a fund ("Special Fund") consisting solely of that portion of the revenue (a) collected, distributed and available to WURA (as determined by )A7iJRA) by the ad valorem property tax valuation in excess of the base valuation for the Site calculated in accordance with the Urban Renewal Law, §31-25-107(9), C.R.S., and (b) municipal sales tax increment revenues collected, distributed and available to WLTRA (as determined by WLTRA) from the Site. The total Reimbursement Obligation shall be the lesser of the actual certified and documented cost (plus interest) of the Eligible Improvements or $ (plus interest) as shown on Attachment 2. WURA's duty to pay the Reimbursement Obligation shall commence on the date of Closing (the "Effective Date") and continue until the earlier of payment in full of the Reimbursement Obligation ar (the "Term"). The Reimbursement Obligation is a limited obligation payable solely from the Special Fund. The obligation to make such payment is not a debt or general obligation of WURA, and is not a debt of the City or the State of Colorado or of any political subdivision of the State of Colorado or any other public body. Such payment shall not be payable from ar constitute a chazge upon any funds of WURA except from the Special Fund and then only to the extent and in the manner specified in this Agreement and in any document or instrument signed by WtJRA implementing this Agreement. The deposits into the Special Fund are subject to the debt service, cash reserve and administrative cost requirements of WURA's existing and proposed financing obligations. 5. Title Insurance. Within ten (10) days after the date hereof, Developer, at Developer's expense, shall deliver to WURA a current commitment for a mortgagee's policy of title insurance, issued by a title company acceptable to WtTRA (the "Title Company") in the amount of $ ; certificates of taxes due issued by the Treasurer for Jefferson County showing the current status of all taxes and assessments due or accruing on the Site and legible copies of all recorded title exceptions referred to in the commitment. Title to the Site shall be merchantable, free and clear of all liens, defects and encumbrances except the following Permitted Exceptions: (a) the Plan, (b) this Agreement, (c) liens, defects or encumbrances waived or approved in writing by WIJRA, (d) taxes or assessments for the current yeaz or otherwise not yet due and payable, (e) utility easements and rights of way approved by WURA, ( fl deeds of trust and/or other security documents required by the Developer's Financing and (g) other matters approved in writing by WL1RA. The Developer shall pay the premium and all costs associated with such title insurance and cause the Titie Company to deliver such policy to WURA forthwith after the Closing. The title insurance policy shall be free and cleaz of all exceptions except the Permitted Exceptions. 6. Conditions Precedent; Termination. Each of the parties may terminate this Agreement as follows a. The Developer may terminate this Agreement if it fails to achieve Closing or obtain Developer's Financing. b. WIJRA may terminate this Agreement if the Developer fails to obtain the Developer's Financing, title to the Site does no conform witb Section 5 and the Closing fails to occur as required by this Agreement. a Either party may terminate this Agreement if the City Council of the City of does not approve a modification of the Plan to implement and authorize ad valorem property tax increment and sales tax increment related to the Site in accordance with the Urban Renewai Law on or before 2004. If either party elects to terminate this Agreement for any reason listed herein, it shall give notice of such election to the other par[y within thirty (30) days after such party has received actual notice of such right to terminate. Such termination shall be effective fourteen (14) days after such notice is given. Failure to terminate this Agreement for any such failure constitutes a waiver of the right to terminate this Agreement fox that particular failure only and shall not constitute a failure of the right to terminate the Agreement far any other failure. If this Agreement is terminated pursuant to this section, the Agreement shall be null and void and of no effect. In addition, the parties agree to execute such mutual releases or other instruments reasonably required to effectuate and give notice of such termination. 7. Transfer Restrictions. Except for the Developer's Financing as originally approved by WURA and the exercise of lender remedies with respect thereto, during the Term the Developer shall not, refinance, assign, transfer or sell all or any part of the Site, the lmprovements, this Agreement, or a majoriry interest in the Developer (a "Transfer") without the prior written approval of WURA. Leases of retail and commercial space in the buildings located on the Site in the ordinary course of Developer's business shall not be deemed a Transfer. The Developer shall promptly notify WURA of any and all changes whatsoever in the identity of the parties in control of the Developer. No voluntary or involuntary successor in interest of the Dedeloper shall acquire any rights or powers under this Agreement excegt as expressly set forth in this Agreement. If the Developer undertakes a Transfer in violation of this Agreement, in addition to any other remedies it has at law or in equity, WiJRA's obligation to make any further payments into the Special Fund shall terminate unless WURA approves such Transfer in writing, which approval shall not be unreasonably withheld; provided, however, WiJRA shall not be obligated to approve any Transfer unless the Developer first complies with the obligations under this Agreement, including payment of WiJRA's Contribution as required by Section 8, and, if the Developer wishes to be released from its obligations hereunder, WURA determines that the transferee is qualified to carry out the duties and responsibilities of the Developer under this Agreement 8. Repayment of WURA's Contribution. On the first to occur of (a) any refinancing of any loan approved by WiJRA as part of the Developer's Financing, (b) any Transfer or (c) the expiration of the Term, the Developer forthwith repay to WiJRA the full amount of WURA's Contribution. 9. Facade Covenant. After Completion of Construction and until the expiration of the Term, the Developer may not alter or add to the external facade of the buildings on the Site without the prior written consent of WURA, which consent shall not be unreasonably withheld. 10. Tax Information Covenants. For as long as this Agreement is in effect, the Developer shall provide, and shall require all tenants occupying the Site and the Improvements (as an affirmative covenant in all lease documents) to provide, WURA with the dates and amounts of ad valorem property taxes and municipal sales taxes paid by the Developer and each such tenant each year at the same time such payment or payments aze made. The Developer and all such tenants shall also sign releases required by the City in order to provide required sales tax 3 information to WURA. The information required by this provision is necessary to calculate the amounts available for deposit in the Special Fund each year. ll. Hold Harmless and Indemnification. In the performance of this Agreement, the Developer agrees to indemnify and hold hannless WURA, its officers, employees, attorneys, consultants, agents and others acting on its behalf and to defend and protect them from and against any and all loss, damage, liability, cost and expense (including, without limitation, attorneys' fees and other costs and expenses of defense), of any sort whatsoever based upon, resulting from or otherwise arising in connection with any actions, claims, or proceedings brought, or any loss, damage or injury of any type, by reason of any act or omission of the Developer, its employees or agents or any other person or entity for whose acts or omissions the Developer is legally responsible. 12. Representations and Warranties bv the Developer. The Developer represents, warrants and certifies to WURA as follows: a. After the Closing, the Developer will hold fee simple mazketable title to the Site, subject only to the Permitted Exceptions; b. There is no action or proceeding pending or, to the knowledge of the Developer, threatened against the Developer or the Site before any court or administrative agency that might result in any material adverse change in the business or financial condition of the Developer or of the Site; c. The Developer is not involved in any bankruptcy, reorganization, insolvency, readjustment of debt, dissolution or liquidation proceeding and, to the best knowledge of the Developer, no such proceeding is contemplated or threatened. 13. Remedies. If any event of default by WURA occurs and is continuing hereunder, the Developer or the Developer's lender may seek enforcement of the Reimbursement Obligation. In no event shall WURA be liable for special, consequential, or punitive damages. If any event of default by the Developer occurs and is continuing hereunder, WURA may (a) seek any available remedy at law or equity including, without limitation, specific performance or injunction; and (b) elect to terminate this Agreement. In addition the non-defaulting party may recover its reasonable costs and attomey fees. 14. Notices. Unless otherwise notified in writing by either party, all notices required or permitted by this Agreement shall be in writing and shali be sufficiently given if delivered in person, by prepaid ovemight express mail or express courier to either party or by certified mail, with postage prepaid, return receipt requested and addressed: In the case of WURA to: Wheat Ridge Urban Renewal Authority Attention: Alan White Director 7500 W. 29`h Avenue Wheat Ridge, Colorado 80215 In the case of Owner to: 15. Further Assurances: Estoupel Certificates. The parties agree to execute such additiona] instruments or documents and take such other actions as shall be reasonably requested by the other party to implement this Agreement. The parties agree to execute such documents, as the other party shall reasonably request to verify or confirm the status of this Agreement and of the performance of the obligations hereunder. 16. Covenant of Good Faith. Each pariy agrees to act reasonably and in good faith in performing or attempting to perform each and every condition, covenant, obligation or duTy required by the Agreement, and any other agreement implementing this Agreement, and each party shall not unreasonably, arbitrarily or capriciously withhold any approval or action required by the Agreement. 17. WURA or Citv Not a Partner. Notwithstanding any language in this Agreement or any other agreement, representation or warranty to the contrary, neither WURA nor the City shall be deemed to be a partner or joint venturer of the Developer and neither WURA nor the City shall be responsible for any debt or liability of the Developer. 18. Citv Not a Party. The City is not a party to this Agreement, and WURA is not part of the City or a department or agency of the City and is not authorized to bind or represent the City or the position of the City in any manner whatsoever, nor is the City authorized to bind or represent WURA or the position of WURA in any manner whatsoever. 19. Binding Effect. The Agreement shall be binding upon and inure to the benefit of the parties, their personal representatives, successors and assigns. 20. Amendments. This Agreement is the entire Agreement of the parties as to the subject matter herein and supersedes and replaces all prior agreements with respect to the subject matter herein and may be amended only in writing fully subscribed by the parties or their successors or assigns. 21. Repair or Reconstruction of Improvements. If the Site, including the Improvements, is damaged or destroyed by fire or other casualty prior to Completion of Construction, the Developer agrees to reconstruct or repair such damaged buildings and Improvements to a condition reasonably satisfactory to WURA, within a reasonable period of time, but in any event within six (6) months of the date of such damage or destruction, or WURA may terminate this Agreement. 22. Minor Chanees. This Agreement is approved in substantially the form submitted to the Developer and to the Board of Commissioners of WiJRA. The officers executing the Agreement are autharized to make such minor changes in the Agreement and the attachments as may be necessary, so long as such changes are consistent with the intent and understanding of the parties. The execution of the Agreement or any document regazding such minor changes shall constitute conclusive evidence of the approval of such changes by the respective parties. 23. Enforced Delav and Performance for Causes Bevond Control of Partv. Neither party shall be considered in default of its obligations under this Agreement in the event of enforced delay due to causes beyond its control and without its fault or negligence, including, without limitation, acts of nature, acts of the public enemy, acts of the federal, state or local government (including any effects caused by initiatives or referendum), acts of the other party, acts of third-parties, acts or orders of court, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather or delays of subcontractors or material men due to such causes. In the event of the occurrence of any enforced delay, the time or times for performance of the obligations of the party claiming delay shall be extended for the period of the enforced delay; provided, that the pariy seeking the benefit of the provisions of this section shall notify the other party, within thir[y (30) days after such parcy knows of any enforced delay, of the specific delay in writing and claim the right to an extension of the period of the enforced delay. 24. Authori . The persons executing this Agreement on behalf of parties represent and warrant that each is fully authorized to bind such parry to all of the terms and conditions of this Agreement. 25. Incorporation bv Reference. The attachments to this Agreement are incorporated into and made a part of this Agreement. IN WIT'NESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. WHEAT RIDGE URBAN RENEWAL AUTHORITY By: Attest: By: Attest: ATTACHMENT NO.i - THEIMPROVEMENTS 1. The Private Improvements 2. The Eli ibe le Improvements ATTACHMENT NO. 2 Terms and Conditions Applicable to WURA's Reimbursement Obli a~ ~ N Q ~ ~ O ~ c. W G u 6~ ~N~'n~ roE ❑ n y~ nf Y ;F' ~ E+ y ~ < i y 3?:°w6,°„o> a~~ N~ v ~p dv .Ca °m~ '°o ❑ A ta u.~'.~ ~~i~"~~~~,~ao''~o.,~03° g~°. ~ O~v~° ~c~~~ Bc~^ ~ co 2~ ~P a~s a ~O~ °xgda` y'N~Cq ~y f ~ O~~j. gti0 bn (Sl 0 3~. ~ O c, D> n 9 1. ?i i~ P+ H" E~ C n r~ R. f5D J U y a.~- p(Ytl~37i~.+4." ~yh0y~ ~ ^ k ~j ~ ~ ~0 v: ,yg y p• 24 a °ga3iM O Cb~C~',y ~.~L~~d ~db-5~~~:~ ~ ~ ~~ad~~~~"FVwam52gra.S-~u ~ co.Q1>Ev3i ~c201 0 8 a-= \ i~. e v ~ ~ ~ ~ `I ~ ~V ~ ~ ~ G ~ ~ ~ ~ ~ ~ 1l ~ Z Z ~ ~ h ~ ~ \ C Itz ~ ~ r ~ ~ W ~ ~ ~ ~ ~ z N O ~ ~ 14 h h h t ~ ~ e ~ h y ~ Z ~ v ~ ~ ro ~ ti ~ v a e ~ ~ ~ h ~ ~ ~ * ~ ` s Q ~ \ ~ ~ H ~ ~ J h ~ ~ ~ ~ I~ Q, t1 v ~ ~ ~ ~ ~ ~ ~ q ~ ^k \ ~ ~L N w ~ ~ ~ Z y~ ~ r ~ sr Vi t 4V- ~ Urban Renewal Authority City of Wheat Ridge 7500 W 29`h Avenue < January 18, 2004 Wheat Ridge, CO 80033 To Whom it May Concern: The enclosed article is very disgusting. I can't imagine anyone who is willing to drive a successful business out of business. Have you no concern for what people want, to make a living for themselves and the people they employ, or are you just a heartless group of peopie? As a long time citizen of Wheat Ridge, it embarrasses me to know that my city government is so irresponsible with it's taxpayers money. Surely there are other locations in this city where a Walgreen store can be built without putting people out of business. What about the corner of 38" and Depew. I noticed it is for sale. Nobody would be put out of business on that corner. How many Walgreen Stores does this area need anyway? What happens if they are not profitable and go out of business? Then their one big building will be empty. As it is now if one business faiis there are still others that can contribute to the Wheat Ridge tax base. I know that I for one will no longer do business at any Walgreen Store. I shopped at a Walgreen Store regularly every week. Since I heard of another one going in I stopped patronizing their stores immediately and I have encouraged my friends and neighbors to do the same. I also returned over one hundred dollars of inerchandise that I purchased at their stores. They will never get another penny of my hard-earned money. I agree with Chuck Mandrill that you are only giving him just enough to go baukrupt. He has spent most of his life building a successful business only to be ruined by the likes of you and corporate America. Does that make you happy? Perhaps if any of you couid put yourselves in his shoes you wouldn't like what is happening to him or the other businesses affected. I don't know how you can sleep at night knowing that you are ruining several profitable businesses. Maybe you just don't give a dam about ruining others peoples lives. I sent a copy of the enclosed newspaper article to the main office of Walgreen's. I am disgusted and not a proud citizen of the way the city of Wheat Ridge Urban Renewal Authority does business. What gives them the right to tell people they are no longer aliowed to make a iiving for themselves and their employees? \Nkv: ~;6 15.1 FFERSON COUNTY, COLORADO THURSDAY, JANUARY 15, 2004 ■SOcents Wheat Ridge _ 20. Issue sr °THE WAY LIFE SHOULD~ B£ LiVED" ~ _ ~ . . . . _ _ City trying to ruin me; owner says in, LOCAL NEWS • SPORTS • CIASSiFIEDS . Sentinel and Transcript Newspapers BUSiNE55 16 'EDS B~o COM JEFFCONEWS WVUW . . ~N7S NEIGHBORS z Former chairman, state rep. claim abuse of powers W H E A T R! D G E BY JUS171N1AN HAiFlELD .knHrrcl ald Sanurqrt N~zTaprn hfive prohpAerty owners iha~ TareeWest 3&bcing relorated (rom thc venue urban re- newal area are not getting a Iair deal, one of them told the City Council on Jan. 12. Chuck Mandril, owner o( Casman's Automotivc told the council thae the urban renewal au- thority isn't giving his busincss enough money lo move. •They're g'rving me just enough "1 AopNMt mniehedy tlops d1! `17kPof 01191t811(!11lYM h01l.- 0-, am"" "in to rria ee, tlwfs aM doinB thRdty my bYWe Chuck Mandrll Casman's AutarwtNe owner to go bankrupt," he said aflcr thc mceting. `O( the five people being moved, nonc o( us arc happy ui[h what we're being olfered " 7he authority promiscd Mandnl $275,000. '1 [old them $275,000 is not cnough t0 6uild a building, lct alonc buy land; hc said. Atto'ding to Mandril, anothcr property owner aRened by the re- ' devclopment is also recciving $275.000, even though he owns 1/4 of the land ihat Mandril does. Becausc Mandrilk shop is locat- cd on land that was polluted by a g1s station, his land waz deemed less valuable. Mandril said the statc told him that city is not be re- sponsiblc (or dmning up the land. Mandril asked the council mcmbcrs, five of whom were sworn in aftcr the 38th Avcnuc ruling, m reconsider the vore. "1 hopc that wmcbody Ilaps the brekes on urban rencwal herc, he Scc JAHN GLI.S, Page 17 THURSDAY, JANUARY 13. 2001 W N E A T A I D G E T R A N S C R I P T . PAGE ll Jahn calls 38th Avenue urban renewal `abuse of power' Continucd from Page 1 At the meeting, Mandril read a w thbir, e«m.ft.n:= m uped the curtent Times Square de- of a ciry ro be able to take care o f said. "Noi ody are they irying w ruin me, they're wt doing the city any (avors " Mandrilthankcd Councilman Jerry Di7ullio tor voting against the project, and apologized to the resi of the cwndl. `l've been a real thom in the last council§ side because of what5 go- ing on in the 38th Avenue rede- velopmem plan," he said. Mandril said he would like to say in Wheat Ridge and possibly cxpand his shop. 'We are not starnng. We are adding m the rommwiry," he said. 'We erc not preuy like a new \Valgrccns but we give a tot o( cM1aracter to the cummuniry' letter Irom Smie Rep. Cheri Jahn, D-Wheat Ridge, which reminded the <ouncil ihai ihe General Assemblyis going to look at the state's urban renewal laws this tertn. 7he legislamre is looking at two bills ihat would restrict gov- cmmeniS abiliry to coridemn pri- vate Und for urban renewal pur- poses. "While 1 believe in local mn- trol, 1(eel there have Ixen wme blatant abuvs wrrounding blight; iherefore, l think state govemmmt now has the duty to zsamine the laws currrntly in statute," Jahn wrac in her letter. Jahn's letter said ihat the ciry has othcr sites tn develop that would noi requirc relcxating any MbYN Bf Pnself. nqI dessat Aliks illy fMm b 6N. Tbq Ntl1l~ II~J~ blidlhed, MBd19g" ...~~o.or.~,.. CMri Jahn Stale representatHe businctses or homcs. 'I do believe in urban renewal - when it 6 used in faimess.l feel thcre are plenty o( <hoices to usc [his authorily in Whcat Ridge without wiping out pcople's dreams; the letter mniinucd. Joscph Drew, who wu chav- man oI the Whcai Rdge Urban Reneua! Amhonty whcn it dcvel- velopment aLso wroie a lengthy lei- ter to the council. "1 am asldng you to make a fi- nancul, moral and ethical decision in aboning the ulbari renexal pmj- ect at 38th (Avenue) and Shcridan (Boulevard). Clearly the city hu the Iegal authonty to pmceed, but 1 slrrcerely believe the <ondemna- tion o( the properiy at 38th (Avenue) and Shendan (Baileva'd) is fuancially irresponsible and is a moral and ethical breach of au- thomy and powen by the city o( Wheat Ridge,- Drew wmtc. Jahn agrecd ihai the 38ih Avenue pmjttt wu an abuse of ur- ban rcnewal powcrs. "I suppon ur6an rencwal as a concept. 1 aLw mppon the abiliry a blighted area. What ! dont sup pon is wme of the things I've sccn u abuses,- shc said. Jahn said it docsnt make any scnse that the ciry would spcnd more than 52 milhon on the 38th Avenue Streetscape and then mm around and declare the area blighccd. "1 think, pcrsonalfy, it was an abuu of powers," shc said. 'Thac dcesn i make any sense to me. They werenl ugly, 6lighted, nttd- ing-to-6e-replaced businessu.' Jahn said that the ciry sha uke a Iook ai wme of its vac. areas, such u the Spanan pad at Weu 44th Avcnuc and Wadsxronh Bouleva'd, bc(um it rcmovcs cxw- ing busincsses.