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HomeMy WebLinkAbout03/18/2008i . . . ~ . . . . . . >t. ° . . . r , f ~ ~>ti,~ ~ _ WHEAT RIDGE URBAN RENEWAL AUTHORITY AGENDA March 18, 2008 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Urban Renewal Authority on Tuesday, March 18, 2008, at 6:00 p.m., in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. 1. Call the Meeting to Order 2. Roll Call of Members 3. Approval of Minutes - February 26, 2008 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. Resolution 02-2008, Amending the Authority's Bylaws to delete the requirement that notice of a meeting be published three days in advance of a meeting and to modify the bylaw amendment process B. Library Payment Agreement ~ 6. Executive Session under C.R.S. Section 24-6-402(4)(b) far the purpose of receiving legal advice regarding specific legal questions regarding the terminated 38`h Avenue and Sheridan Boulevard redevelopment project. 7. Executive Session under C.R.S. Section 24-6-402(4)(b) and (e) for a conference with the Authority for the purpose of receiving legal advice on specific legal questions and, further, for the purpose of determining positions relative to matters that may be subject to negotiations, developing strategy for negotiations, and/or instructing negotiators. 8. Adjournment MINUTES WHEAT RIDGE URBAN RENEWAL AUTHORITY February 26, 2008 1. CALL THE MEETING TO ORDER The meeting of the Wheat Ridge Urban Renewal Authority was called to order by Chair Williams at 6:00 p.m. in the council chambers of the Municipal Building, 7500 West 29°i Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Authority Members Present: Rick Adams James Bahrenburg Janet Leo (left meeting at 7:21 p.m.) Walt Pettit Tom Radigan Larry Schulz Terrell Williams Also attending: Patrick Goff, Deputy City Manager Jeff Parker, WRURA Attorney Rob Osbom, Wheat Ridge 2020 Director Jerry DiTullio, Mayor Ann Lazzeri, Recording Secretary 3. APPROVAL OF MINUTES - January 29, 2008 There being no additions or corrections, the minutes of January 29, 2008 were accepted as presented. 4. PUBLIC FORUM Rob Osborn reviewed the due diligence procedures which resulted in an option agreement for properties at 44`h and Wadsworth. He stressed the importance of WRURA proceeding with purchase of these properties for the following reasons: a large portion of which has sat vacant for thirty years; $10.50 per square foot seems a reasonable cost for this land; and the due diligence that has been accomplished along with PMUD zoning and availability of CDBG funds makes this property valuable to developers. There are developers who have indicated they are favorable to WRURA being the catalyst for redevelopment of this property. Mr. Osborn concluded by encouraging WRURA to move forward with the purchase of this property. - • Mayor DiTullio thanked members for serving on WRURA. Bank financing would be available at 100% of the appraised price. The difference between WRURA Minutes - 1- February 26, 2008 the asking price and the appraised price could be made up from WRURA's budget. He reminded Authority members that the city will loan up to $ I.5 million toward purchase of this property and encouraged WRURA to move forward with the purchase. Rick Adams expressed some concern about paying the asking price when the appraisal came in lower. He was concerned that this could set a precedent far future purchases. Mayor DiTullio disagreed that this would set a precedent because each property purchase would be negotiated on its own merits. Larry Schulz commented that there have been instances where the city has purchased land to prevent development and this could be an opportunity to change the way the business and development community views opportunities in Wheat Ridge. • Susan Cordova of Bailey, Colorado addressed the Authority to encourage purchase of the property for redevelopment even if it is necessary to pay a litt]e more than market value. 5. NEW BUSINESS A. Resolution establishing a designated public place for the posting of meeting notices as required by Yhe Colorado Open MeeNngs Law It was moved by Walt Petit and seconded by Larry Schulz to adopt a Resolution No. Ol, 2008, a resolution establishing a designated public place for the posting of ineeting notices as required by the Colorado Open Meetings Law. The motion passed unanimously. There was discussion about amending WRURA bylaws which presently require three days written notice of a public meeting in a publication. Rick Adams commented that publishing in one of the daily newspapers is extremely expensive. Patrick Goff noted that publishing in the local newspaper requires several days advance publication notice. Janet Leo commented that information can be brought before the public in a timely manner via the ciYy's website. Mr. Goff was directed to bring a resolution back for the Authority's consideration which would amend the bylaws in regard to publishing notices. There was also a consensus for WRURA to meet on a regular basis, the first and third Tuesdays of the month at 6:00 p.m. WRURA Minutes - 2- February 26, 2008 B. Engagement of Bond Counsel Based upon direction given at the last meeting, Terrell Williains stated that he had signed the letter engaging the services of Shennan & Howard LLC to act as bond counsel to the Authority. C. Revisions to the Karl Purchase Contract and Lease Pertaining to Environmental Issues The services of Norman Higley PC were obtained for the purpose of reviewing the Karl Purchase Contract and Commercial Lease in order to provide recommendations to the Authority to limit its liability regarding the environmental contaminants found in the Antique Mall building. The revisions have been shared with Mr. Karl but, to date, no response has been reccived. The revisions were reviewed by the Authority. Mr. Higley recommended that an Asbestos Operation and Maintenance Plan be provided to Mr. Karl. Tenants of the Antique Mall would have to comply with this plan. HWS Consulting Group has quoted $4,795 to draft the plan. Other recommendations were to be discussed during executive session. Rick Adams expressed concern that water leaking through the ceiling could bring asbestos contamination with it. Patrick Goff stated that he would talk to the company that did the original environmental assessment to ask them to address this issue. It was moved by James Bahrenberg and seconded by Walt Pettit to accept the Lease Agreement as amended. The motion passed unanimously. There was a consensus to direct Patrick Goff to have an Asbestos and Operation Plan drafted in correlation with the lease if WRURA makes the decision to proceed with the purchase agreement. 6. EXECUTIVE SESSION It was moved by Janet Leo and seconded by Rick Adams to enter into executive session to consider the purchase, acquisition, lease, transfer or sale of real, personal or other property pursuant to C.R.S. Section 24-6-402(4)(a); and to enter into an executive session under C.R.S. Section 24-6-402(4)(b) for the purpose of receiving legal advice regarding specific legal questions regarding the terminated 38t" Avenue and Sheridan Boulevard - redevelopment project. The motion passed unanimously. WRURA Minutes - 3- February 26, 2008 The regular meeting was adjourned to executive session at 7:18 p.m. The executive session was convened at 7:19 p.m. The executive session was adjourned at 8:44 p.m. The regular meeting was reconvened at 8:45 p.m. Jeff Parker made the following statement: 1, Jeff Parker, do hereby certify that the conversation I had with the Urban Renewal Authoriry under the attorney- client privilege involved all attorney-client privilege matters purs2tant to C.R.S. Section 24-6-402(4)(b). ADJOURNMENT It was moved by Walt Petit and seconded by Tom Radigan to adjourn the meeting at 8:46 p.m. The motion passed unanimously. Terrell R. Williams, Chair Ann Lazzeri, Recording Secretary WRURA Minutes - 4- February 26, 2008 Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 3032352846 303-2352857 (Farz) TO: Urban Renewal Authority Boazd Members FROM: Patrick Goff, Executive Director a RE; Amendments to WRURA Bylaws DATE: Mazch 13, 2008 Staff received direction from the Board at the last meeting to bring forward a draft resolution to amend the Wheat Ridge Urban Renewal Authority bylaws to delete the requirement that all regular meetings of the Authority be advertised in a newspaper no less than three days prior to the scheduled meeting. The amendment will provide Staff with more flexibility to post meeting notices while still providing adequate public notice within the 24 hour Open Meeting Law requirement. In addition, expenses for pubiishing in a newspaper will be eliminated. Section 1 of Article IV requires that amendments to the bylaws only be made after "there has been a notice of motion duly seconded in the previous meeting." This procedure was not followed at the last meeting; therefore, we'll need to actually get a motion and a second at the March 18, 2008 meeting, and then bring it to the Boazd For a final decision at the next scheduled meeting. In the meantime, we still need to follow the three day notice publication requirement. Staff is also recommending amending Section 1 of Article IV of the bylaws to eliminate the requirement described in the previous paragraph. Staff has suggested the amended in the attached resolution. Attachments: I. Draft Resolution WHEAT RIDGE URBAN RENEWAL AUTHORITY RESOLUTION NO. -2008 A RESOLUTION AMENDING THE AUTHORITY'S BYLAWS TO DELETE THE REQUIREMENT THAT NOTICE OF A MEETING BE PUBLISHED THREE DAYS IN ADVANCE OF A MEETING AND TO MODIFY THE BYLAW AMENDMENT PROCESS BE IT RESOLVED BY THE WHEAT RIDGE URBAN RENEWAL AUTHORITY, THAT: Section 1. Section 1 of Article III of Yhe Authority's Bylaws is hereby amended as follows: Regular Meetings. A regular meeting shall be held at such time and place as may be prescribed by motion adopted by the Authority from time to time. A41 Section 2. Sectiou 1 of Article N of the Authority's Bylaws is hereby amended as follows: Amendment of B-Laws. These By-Laws of the Authority shall be amended only by a majority vote of those members present, provided that a quorum exists'c i i - c a••i. seeefided *h., previeus motion t~CEtttTg_ DATED this day of 12008. Tenell Williams, Chair ATTEST: Ann Lazerri, Secretary APPROVED AS TO FORM: Corey Y. Hoffmann, WRURA Attorney 03113108 )DOC ATTACHMENT 1 4LIBYLAWAMENDMENT(4 Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303235-2846 303-235-2857 (Fax) TO: Urban Renewal Authority Board Members FROM: Patrick Goff, Executive Director-u~ RE: Library Payment Agreement DATE: March 13, 2008 Vernon and Marge Vohoska have agreed to donate $100,000 to the WRURA for the purposes of constructing a new library in the City of Wheat Ridge. The Vohoska's have agreed to present a check for $100,000 to Yhe WRURA at the closing on the property located at 7540 West 44Ih Avenue. Staff drafted a Library Payment Agreement to be entered into by and between the WRURA and Vemon Vohoska. Attached is an unsigned copy of the Agreement which was forwazded to the Vohoska's on Mazch 14, 2008. Attachments: 1. Library Payment Agreement LIBRARY PAYMENT AGREEMENT THIS AGREEMENT is made and entered into this day of , 2008 (the "Effective Date"), by and between the Wheat Ridge Urban Renewal Authority ("WRURA"), and Vernon Vohoska, with an address of ("Vohoska") (collectively referred to herein as the "Parties"). WHEREAS, WRURA and Vohoska have entered into an agreement to purchase and sell certain real property more specifically described in the attached Exhibit A(the "Property"); and WHEREAS, Vohoska desires to donate One Hundred Thousand Dollazs ($100,000.00) to WRURA for WRURA to use towards activities related to the design, pluuiing, and conshuction oFa public library within the City of VJheat Ridge. NOW, THEREFORE, in consideration of the promises herein contained and other good and valuable consideration, the receipt of which both Parties acknowledge, the Parties hereby agree as follows: 1. Payment to WRURA. Within seven (7) days of closing on the Property, Vohoska shall pay One Hundred Thousand Dollars ($100,000.00) (the "PaymenY") to WRURA. 2. Use of Payment. The Payment shall be used by WRURA for activities related to the design, planning, and construction of a library within the City of Wheat Ridge. WRURA may use the Payment, or a portion thereof, as an incentive to atVact a library to the City of Wheat Ridge. 3. No Obligation. Vohoska acknowledges that any efforts by WRURA towacds the design, planning, or construction of a public library will require joint efforts of other entities and additional funding, which may not occur. No provision in this Agreement shall be construed to require WRURA to use the Payment, or to design, plan, or conshvct a public library. 4. Return of Payment. Upon receipt of the Payment from Vohoska, WRURA shall place the funds in an interest-bearing account. If WRURA does not use the Payment for an activity related to the design, pianning, and construction of a public library within the City of Wheat Ridge within ten (10) years of the Effective Date of this Agreement, WRURA shall return the Payment, or any remaining portion thereof, with accrued interest to Vohoska, his heirs or assigns. 5. Miscellaneous. a. GoveminQ Law and Venue. This Agreement shall be govemed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the District Court of Jefferson County, Colorado. ATTACHMENT 1 C:\DocumenLS and Settings\pgoffll.ocal Settings\Temporary In[eme[ Files\OLKTVOhoska_LibraryPaymenLdoc b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. Inteeration. This Agreement and any attached exhibits constitute the entire agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third-parry beneficiaries to this Agreement. e. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first class United States Mail, addressed to: WRURA: Executive Director Wheat Ridge Urban Renewal Authoriry 7500 W. 29th Avenue Wheat Ridge, CO 80033 With a copy to: Vohoska: Corey Hoffmann Hayes, Phillips, Hoffmann & Carberry, PC Suite 450, The Mazket Center 1350 17"' Street Denver, CO 80202-1576 £ Severabilitv. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shali remain in full force and effect. g. Modification. This Agreement may only be modified upon written agreement ofthe Parties. h. Assignment. WRURA may assign its obligations under this Agreement. i. Governmental Immunitv. WRURA, its officers, and its employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fitty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000) per occurrence) or any other rights, immunities, and Q\Documents and Settings\pgofflLOCaI Scttings\Temporary In[emet Files\OLKTVohoska_LibraryPaymenLdoc protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to WRURA and its officers or employees. IN WIT'NESS WHEREOF, the Parties hereto have executed this Agreement on the date first set forth above. WHEAT RIDGE URBAN RENEWAL AUTHORITY By: VERNON VOHOSKA By: Vemon Vohoska C:\Documen[s and Settings\pgof3lLocal Settings\Temporary Intemet Files\OLKTVohoska_LibraryPaymenl.doc EXHIBIT A Property Description LOT 3, TIME SQUARE SUBDIVISION, EXCEPT THAT PORTION OF LOT 3 LYING SOUTH OF THE NORTHERLY LINE OF LOT 1, TIME SQUARE SUBDIVISION AS IF EXTENDED FROM THE EAST LINE OF SAID LOT i TO THE WEST LINE OF SAID LOT 1, WHICH LINE BEARS SOUTH 89 DEGREES 55 MINUTES 50 SECONDS WEST AND WHICH LINE IS THE SOUTH LINE OF THE NW NW SE'/< OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., AND EXCEPT A PARCEL OF LAND BEING A PORTION OF LOT 3, TIME SQUARE SUBDNISION, AS RECORDED IN BOOK 70 AT PAGE 42, RECORDS OF JEFFERSON COUNTY, LOCATED IN THE SOUTHEAST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 3, SAID TIME SQUARE SUBDIVISION; THENCE NORTH 89 DEGREES 56 MINUTES 20 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT 3, A DISTANCE OF 195.00 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS WEST, A DISTANCE OF 32.25 FEET; THENCE NORTH 89 DEGREES 56 MINUTES 20 SECONDS EAST, A DISTANCE OF 133.54 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 3; THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 5532 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89 DEGREES 56 MINUTES 20 SECONDS WEST, A DISTANCE OF 328.67 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 3; THENCE NORTH 00 DEGREES 03 MINUTES 46 SECONDS EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 87.57 FEET TO THE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO with a Parcel ID No. of 39-234-04-002 and a street address of 7540 West 44"' Avenue, Wheat Ridge, Jefferson County, Colorado 4 Q\Documents and Settings\pgofN.ocal Settings\Temporary Inteme[ Files\OLKTVohoska_LibraryPaymenLdoc