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HomeMy WebLinkAbout11/03/2009AGENDA WHEAT RIDGE URBAN RENEWAL AUTHORITY November 3, 2009 Notice is hereby given of a Public Meeting to be held before the City of Wheat Ridge Urban Renewal Authority on Tuesday, November 3, 2009 at 6:00 p.m., in the City Council Chambers of the Municipal Building at 7500 West 29th Avenue, Wheat Ridge, Colorado. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. 1. Call the Meeting to Order 2. Roll Call of Members 3. Approval of Minutes - October 20, 2009 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. Staff Updates 6. Resolution No. 7-2009 - A Resolution approving a Master Development Agreement with Weston Solutions in Connection with a proposed redevelopment project in the City of Wheat Ridge 7. Strategic Planning and Corporate Identity Workshop Anne Ricker - Leland Consulting 8. Other Matters 9. Adjournment MINUTES WHEAT RIDGE URBAN RENEWAL AUTHORITY October 20, 2009 1. CALL THE MEETING TO ORDER The meeting of the Wheat Ridge Urban Renewal Authority was called to order by Chair Adams at 6:00 p.m. in the council chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Authority Members Present Rick Adams James Bahrenburg Becky Bye Walt Pettit Tom Radigan Authority Members Absent: Janet Leo Larry Schulz Also attending: Patrick Goff, Executive Director Corey Hoffmann, WRURA Attorney Ken Johnstone, Community Development liirec;~ur Denise Balkas, Wheat Ridge 2020 Anne Ricker, Leland Consulting x~ Hilarie Portell, Portell Works Lindsay Delecki, Weston (left at 7:11 p.m.) K Steve Blarr, Weston (left at 7:11 p.m.) John Reinsma, Weston (left at 7:11 p.m.) Ann Lazzeri, Recording Secretary 3. APPROVAL OF MINUTES - September 15, 2009 It was moved by James Bahrenburg and seconded by Walt Pettit to approve the minutes of September 15, 2009 as presented. The motion passed 4-0 with Tom Radigan abstaining. 4. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) There was no one present to address the Authority. WRURA Minutes - 1 - October 20, 2009 5. 6. STAFF UPDATES A. 2010 Proposed Budget Patrick Goff referred to the preliminary budget that was presented to Authority members prior to October 15 and stated that the proposed budget would be presented and discussed at the November meeting and considered for adoption in December. B. 7300 West 44th Avenue - Phase I Environmen Patrick Goff stated that Denise Balkas with WR2020 completed an application for a Phase I environmental assessment on the property at 7300 West 44th Avenue. The assessment is required by HUD before WRURA can be reimbursed with CDBG funds. EXECUTIVE SESSION %It was moved by Becky Bye and seconded by Walt Pettit 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). The motion carried 5-0. The executive session was convened at 6:10 p.m. Those attending the executive session were: Rick Adams - WRURA _ James Bahrenburg - WRURA y Becky Bye - WRURA Walt Pettit - WRURA Tom Radigan - WRURA Patrick Goff - Executive Director Corey Hoffmann - WRURA Attorney Ken Johnstone - Community Development Director Denise Balkas, Wheat Ridge 2020 Anne Ricker - Leland Consulting John Reinsma, Weston (left executive session at 7:11 p.m.) Ann Lazzeri, Recording Secretary Hilarie Portell - Portell Works Lindsay Delecki, Weston (left executive session at 7:11 p.m.) Steve Blarr, Weston (left executive session at 7:11 p.m.) The regular meeting was reconvened at 7:50 p.m. WRURA Minutes -2- October 20, 2009 7. 8. 9. Strategic Planning and Corporate Identity Workshop (Anne Ricker - Leland Consulting and Hilarie Portell - Portell Works) Due to shortage of time, there was a consensus of the Authority to postpone this matter to the November 3 meeting. Ms. Ricker presented a brief overview of discussion items for that meeting. Ken Johnstone reported that City Council approved the Comprehensive Plan. Portions of the Plan address urban renewal areas. He encouraged Authority members to read those portions of the Plan before the next meeting. Hilarie Portell stated that she would like to discuss creative identity naming options at the November meeting and logo options at the December meeting. 3718 Ames Street - Sale of Property Patrick Goff informed the Authority that the closing has been moved up to October 23rd. It was moved by James Bahrenburg and seconded by Walt Pettit to authorize acceptance of the offer of $130,000 for property located at 3718 Ames Street, and further authorize Patrick Goff to sign the closing documents. The motion carried 5-0. Other Matters There were no other matters to come before the authority. 10. Adjournment The meeting was adjourned at 8:17 p.m. Rick Adams, Chair Ann Lazzeri, Recording Secretary WRURA Minutes -3 - October 20, 2009 Wheat Ridge Urban Renewal Authority 7500 W. 29th Avenue Wheat Ridge, Colorado 80033 303-235-2846 303-235-2857 (Fax) TO: Urban Renewal Authority Board Me bers FROM: Patrick Goff, Executive Director RE: 44th and Wadsworth Redevelopment DATE: October 30, 2009 Weston Solutions was invited to the October 20th WRURA meeting to introduce their firm to the Authority, review initial site design and layout possibilities for the proposed redevelopment project at the S.E. corner of 44th Avenue and Wadsworth Boulevard and to discuss options for a future working relationship between the WRURA and Weston Solutions. Staff received direction from the Authority at the meeting to draft a Master Development Agreement with Weston Solutions for this purpose of defining an initial working relationship. Attached is a draft Agreement which you all received by email from Corey Hoffmann on October 22°d for your initial review. Weston Solutions selected the firm of Snell and Wilmer as local counsel to represent Weston Solutions on this project. At the time of preparing this memorandum for the Authority, staff had received only initial comments from Snell and Wilmer on the Agreement. Their initial comments were fairly minor and we do not anticipate any substantive changes to the Agreement. Corey Hoffmann will brief the Authority at the November 3rd meeting concerning the intent of the draft Master Development Agreement and any substantive changes suggested by legal counsel for Weston Solutions. Recommended Motion: "I move to approve Resolution No. 7-2009, approving a Master Development Agreement with Weston Solutions in connection with a proposed redevelopment project in the City of Wheat Ridge." Attachment(s): 1. Resolution No. 7-2009 WHEAT RIDGE URBAN RENEWAL AUTHORITY WHEAT RIDGE, COLORADO RESOLUTION NO. 07 Series of 2009 TITLE: A RESOLUTION APPROVING A MASTER DEVELOPMENT AGREEMENT WITH WESTON SOLUTIONS IN CONNECTION WITH A PROPOSED REDEVELOPMENT PROJECT IN THE CITY OF WHEAT RIDGE WHEREAS, the City of Wheat Ridge (the "City") has previously determined that the parcel of property consisting of 399,969 square feet of property, more or less, located at 7340 West 44th Avenue, 7540 West 44th Avenue, and 7300 West 44th Avenue in Wheat Ridge, Colorado is blighted within the meaning of Part 1 of Article 25 of Title 31, Colorado Revised Statutes, and in need of redevelopment; and WHEREAS, in order to facilitate the redevelopment of the Property, the City has, in compliance with the provisions of Part 1 of Article 25 of Title 31, Colorado Revised Statutes, adopted an Urban Renewal Plan for the Property, and has authorized the Authority to undertake certain actions authorized by the Urban Renewal Plan and the above-cited statutory provisions; and WHEREAS, the Authority completed a competitive bidding procedure fall of 2008 in accordance with C.R.S. § 31-25-106, and no adequate responsive proposals were received; and WHEREAS, the Authority then commenced negotiations with Redeveloper regarding the redevelopment of the Property; and WHEREAS, the Authority has determined that the Redeveloper possesses the financial, management and development capability to redevelop the Property in conformance with the provisions of the Urban Renewal Plan in a manner which will be beneficial to the citizens and residents of the City; and WHEREAS, the parties hereto wish to memorialize their agreement as to the proposed initial aspects of the redevelopment of the Property, and thereby set forth their various and respective duties and responsibilities in connection with such redevelopment. NOW, THEREFORE, the parties hereto, for themselves, their successors and assigns, in and for the consideration of the performance of the mutual duties and responsibilities set forth herein, the receipt and adequacy of such consideration being hereby acknowledged, do hereby covenant and agree as follows: Section 1. The Master Development Agreement attached hereto as Exhibit A be, and hereby is, approved by the Authority. DONE AND RESOLVED THIS P day of November, 2009. WHEAT RIDGE URBAN RENEWAL AUTHORITY By: Chairman ATTEST: Secretary to the Authority EXHIBIT A AGREEMENT THIS AGREEMENT is made and executed this day of, 2009, by and between the WHEAT RIDGE URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado (hereafter referred to as "the Authority), and Weston Solutions, LLC, a wholly owned subsidiary of Weston Solutions, Inc , (hereafter referred to as the "Redeveloper"). WITNESSETH WHEREAS, the City of Wheat Ridge (the "City") has previously determined that the parcel of property consisting of 399,969 square feet of property, more or less, located at 7340 West 44th Avenue, 7540 West 44th Avenue, and 7300 West 44th Avenue in Wheat Ridge, Colorado, and more particularly described in Exhibit A, which is attached hereto and expressly incorporated herein (the "Property"), is blighted within the meaning of Part 1 of Article 25 of Title 31, Colorado Revised Statutes, and in need of redevelopment; WHEREAS, in order to facilitate the redevelopment of the Property, the City has, in compliance with the provisions of Part 1 of Article 25 of Title 31, Colorado Revised Statutes, adopted an Urban Renewal Plan for the Property, and has authorized the Authority to undertake certain actions authorized by the Urban Renewal Plan and the above-cited statutory provisions; WHEREAS, the Authority completed a competitive bidding procedure Fall of 2008 in accordance with C.R.S. § 31-25-106, and no adequate responsive proposals were received; WHEREAS, the Authority then commenced negotiations with Redeveloper regarding the redevelopment of the Property; WHEREAS, the Authority has determined that the Redeveloper possesses the financial, management and development capability to redevelop the Property in conformance with the provisions of the Urban Renewal Plan in a manner which will be beneficial to the citizens and residents of the City; and WHEREAS, the parties hereto wish to memorialize their agreement as to the proposed initial aspects of the redevelopment of the Property, and thereby set forth their various and respective duties and responsibilities in connection with such redevelopment. NOW, THEREFORE, the parties hereto, for themselves, their successors and assigns, in and for the consideration of the performance of the mutual duties and responsibilities set forth herein, the receipt and adequacy of such consideration being hereby acknowledged, do hereby covenant and agree as follows: 10/30/09 1 091103 MASTER DEVELOPMENT AGREEMENT-1 (5).DOC Designation as Master Developer. As an inducement to Redeveloper to accomplish the redevelopment of the Property as above described, and subject to the provisions of this Agreement, the Authority hereby determines it to be in the public interest to designate Redeveloper as the sole and exclusive Redeveloper of the Property, and does hereby designate Redeveloper as the Master Developer for the Property for a period not to exceed one (1) year from the date of this Agreement (the "Feasibility Period"), as more particularly described below. 2. Feasibility Period; Redeveloper Obligations. During the Feasibility Period, the Redeveloper and the Authority shall jointly determine the specific boundaries of the Property to be developed as Phase 1, and a proposed schedule for phasing the redevelopment of the remainder of the Property. Redeveloper shall within six (6) months of the execution of this Agreement give notice to the Authority of the specific boundaries of the Property to be developed as Phase 1. Redeveloper shall also have the following obligations during the Feasibility Period: A. Redeveloper shall take all commercially reasonable efforts to determine the terms and conditions upon which the Property, including any phasing thereof, shall redevelop; B. Redeveloper shall, at its sole cost and expense, but subject to the termination provisions set forth below, take all commercially reasonable efforts to cause the redevelopment of a portion of the Property to be identified as Phase 1, including production of planning, engineering and architectural drawings, and any other necessary documents. 3. Feasibility Period; Authority Obligations. Authority agrees that it will not enter into any agreements to sell or develop the Property during the term of the Feasibility Period, unless the Agreement is terminated sooner as defined below. 4. Termination. This Agreement shall terminate upon the occurrence of one of the following events, whichever first occurs: A. The parties hereto enter into a Redevelopment Agreement for the Property, which includes specific terms and conditions for the redevelopment and conveyance of at least a mutually agreed upon portion of the Property; B. The expiration of one (1) year from the date of this Agreement; or C. Either party provides written notice as described herein of the termination of this Agreement for any reason. 5. Expenses Upon Termination. In the event this Agreement is terminated during the Feasibility Period by either party, pursuant to Section 4.C. above, Redeveloper shall be entitled to compensation for out of pocket expenses in an amount not to exceed Fifty Thousand 10/30/09 2 091103 MASTER DEVELOPMENT AGREEMENT-1 (5).DOC Dollars ($50,000). For purposes of this Section 5, out of pocket expenses shall be limited to expenses for services provided by third parties for which an invoice exists and in which Redeveloper and/or the Authority are provided a defined work product. 6. Jurisdiction and Venue. This Agreement shall be construed pursuant to the laws of the State of Colorado. Jurisdiction and venue for any action in law or in equity to enforce the provisions hereof is hereby vested exclusively in the District Court in and for the County of Jefferson, State of Colorado. 7. Assignment. This Agreement, or any part thereof, may be assigned by the Redeveloper only upon the prior written consent of the Authority, which consent shall not be withheld if such assignment is to a corporation or other legal entity which is more than fifty percent (50%) owned or controlled by Redeveloper or Redeveloper's owners or principals. In no other event shall this Redevelopment Agreement be assignable in whole or in any part. 8. Time is of the Essence. The Authority and Redeveloper agree that time is of the essence in the performance of the provisions of this Agreement. No extension of time for performance of any obligation or act herein required shall be deemed an extension of time for performance of any other obligation or act. 9. Amendment. This Agreement may not be modified or amended in whole or in any part except by a writing signed by each party hereto, and adopted and/or approved with the same degree of formality as this Agreement shall be adopted and approved. 10. Notice. Any notices provided for or required in this Agreement shall be deemed delivered when either personally delivered or mailed, postage fully prepaid, certified mail, return-receipt requested, to the parties at the following addresses: To the Authority Patrick Goff Executive Director Wheat Ridge Urban Renewal Authority 7500 W. 291" Avenue Wheat Ridge, CO 80033 With a copy to: Corey Y. Hoffmann, Esq. Hayes, Phillips, Hoffmann & Carberry, P.C. 1530 Sixteenth Street, #200 Denver, CO 80202 To the Redeveloper: 10/30/09 3 091103 MASTER DEVELOPMENT AGREEMENT-1 (5).DOC With a copy to: IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and date first above set forth. WHEAT RIDGE URBAN RENEWAL AUTHORITY, a body politic By: Chairman ATTEST: Secretary 10/30/09 4 091103 MASTER DEVELOPMENT AGREEMENT-1 (5).DOC ,atf N -Tr 3 November 2009 (20 October 2009) Wheat Ridge Urban Renewal Authority Strategic Planning Work Session Agenda 6:00 pm Location: Wheat Ridge City Hall Wheat Ridge, CO 1. Refined Goals, Role in Community Development, and Measures of Success 2. Potential Role in Economic Development (Discuss) 3. Strategic Alliances (Discuss) 4. Project Participation Criteria a. City-Wide b. Area-Specific 5. Identification of Catalyst Areas a. Handouts from 1-70 / Kipling Corridors Urban Renewal Plan (Nodes) b. Map of Comp Plan Priority Areas and Existing Urban Renewal Areas c. Criteria for Selection of Catalyst Areas d. Information Needed to Prepare Vision and Objectives for Catalyst Areas e. Positioning Strategies i. Continuum of Outreach (Positioning Strategies) f. Project Participation Criteria 6. Outcomes / Work Products 7. Future Meeting Schedule 15 September 2009 Agenda 1. Board Member Expectations of Work Session (Desired Outcomes) (completed) 2. Organizational Goals, etc. (completed) 3. Identification of Catalyst Areas a. Handouts b. Criteria for Selection of Areas c. Positioning Strategies 4. Future Meeting Schedule Work Session Outcomes: 1. Organizational goals 2. Business plan and supporting docs for each catalyst area 3. Understanding of TIF potential in each 4. Incentive policy 5. Operational forms and processes Wheat Ridge Urban Renewal Authority Goals: ■ Be proactive, rather than reactive in advancing meritorious projects that are good for the community ■ Create quality sustainable places ■ Raise standards of development ■ Promote economic development while preserving the community' s heritage ■ Create jobs • Facilitate the delivery of new uses ■ Stabilize existing uses Wheat Ridge Urban Renewal Authority' s Role in Community Development: ■ Partner with a range of entities for redevelopment ■ Use a statute-based tool to contribute to investment and reinvestment ■ Provide leadership on redevelopment issues ■ Educate and inform the community about tax increment financing • Advance the vision and goals of adopted and accepted plans ■ Elevate the image of the Wheat Ridge market in the minds of the development community Wheat Ridge Urban Renewal Authority' s Measures of Success: ■ Quality jobs created ■ Businesses supported ■ New businesses cited ■ Growth in increment ■ Private sector investment ■ Investment in public realm ■ Peripheral impacts (increases in value) ■ Improved community image (within and outside community) ■ Positive economic impact Discussion Items Wheat Ridge Urban Renewal Authority' s Role in Economic Development: The Wheat Ridge Urban Renewal Authority' s role in economic development is to: ■ Coordinate business attraction, retention and expansion efforts • Encourage relocating businesses to consider urban redevelopment projects that provide TIF dollars vs. building new facilities ■ Be at the table with potential businesses Wheat Ridge Urban Renewal Authority' s Strategic Alliances: Partner with: ■ City Council ■ City Staff ■ Wheat Ridge 2020 ■ Chambers ■ Developers (including not-for-profit) ■ Lenders (public and private) ■ Community groups ■ Business organizations Wheat Ridge Urban Renewal Authority' s Criteria for Selection of Catalyst Areas: 1. Identified in existing plans (comprehensive plan) 2. Within existing urban renewal area 3. Property owner expressed interest 4. Known project 5. Adverse conditions 6. Connects to commercial area 7. Improves community image 8. Other Information Needed to Prepare a Vision and Objectives: ■ Ownership patterns ■ Site utilization ■ Market demand ■ TIF potential ■ Connection to existing plans ■ Blight factors present ■ Other Wheat Ridge Urban Renewal Authority' s Project Participation Criteria: Which of the following should be city-wide and which ones should be area-specific? Are there others? 1. Development program addresses a market opportunity (void or niche) in the near- or long-term. 2. Demonstrates a quantifiable need for WURA funds in order to make the project feasible (forms will be provided to applicants). 3. Provides an opportunity to strengthen and link existing or planned districts or activity centers. 4. Suggests ability to leverage existing or planned public investment. 5. Located with adjacency to physical features including parks and open space, that will enhance their likelihood of success. 6. Presents potential for creating entryways or gateway project. 7. Site possesses favorable ownership patterns including existing assemblage, public acquisition opportunity, motivated seller, etc. 8. Presence of unified, energetic stakeholders that are willing to advocate for project. 9. Evidence of stability in property values or upward trend in adjacent investment. 10. Includes an historic preservation element. 11. Located in an area that is able to access additional funding (beyond TIF). 12. Addresses a demonstrated community need, both perceived and quantified including workforce and / or affordable housing, commercial incubator space, etc. 13. Advances municipal sustainability goals. 14. Others , „ ~ i W I~~~~... i ~ . ~ ~ ~ I ~ i . r • • 4 e ~ ~ 9 ~ ~ ~ , i i : i I: I , . Ge? 52NDAVlk y~- ; W"i Rt0 # a i I52NDAVi 2 52NDAVE m- a j ' 52nd & Ward TOD tH p,VE Sri 0) „AVE , m..,. t ~ ..,...e" g t 3 48TH Z 93 % z ? 44TH AVE Z 0 Wadsworth CorrijoY i a w J I f r i i 3 rn O C058E13 HWY"' w.... co N Klpling Corridor l i F i " 9 iu E y s i Y i... .r a t g.. I t 38THAV9^, Crossing at Clear Creek (Cabela's) 38th Ave 'Main Street" i 32NDAVE Legend Opportunity Nodes - - : ~ . • . ~ _ ; ~ , b • - R c ~ a k ~ no y Investment Areas ® City Boundary - Urban Renewal Areas Wadsworth Blvd. URA - 38th Ave. URA Wheat Ridge Urban Renewal Areas Times Square URA ■ ~~d C and Priority Investment Areas Mile G~; wht I idgn oath a ward URA 1-701Kipling URA