HomeMy WebLinkAbout08/06/2003
ORIGINAL
MINUTES OF
WHEAT RIDGE URBAN RENEWAL AUTHORITY
August 6, 2003
6:00 p.m.
1. CALL THE MEETING TO ORDER
The Wheat Ridge Urban Renewal Authority meeting was called to order by Chair
Hashem at 6:10 p.m. The meeting was held in the council chambers of the
Municipal Building, 7500 West 29th A venue, Wheat Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Commissioners present:
Norm Burkpile
Vance Edwards
Mary Hashem
Elwyn Kiplinger
Janet Leo
Terrell Williams
Commissioners absent:
Margy Platter
Tom Mallinson
Also attending:
Alan White, WRURA Executive Director
Jim Windholz, WRURA Attorney
Steve Szymanski, Szymanski/Ray
Arne Ray, Szymanski/Ray
Ann Lazzeri, Recording Secretary
3. APPROVAL OF MINUTES
There being no additions or corrections, the minutes of July 23, 2003 were
approved as presented.
4. PUBLIC FORUM
Joe Drew
6660 West 29th Ave.
Mr. Drew addressed the Authority to express his concern about the 38th and
Sheridan urban renewal project. He served on WRURA when the city completed
the Safeway project which has proven to be a good project and has many
differences from the 38th and Sheridan project. For example, there are fewer
landowners involved in the current project. He urged the Authority to be very
diligent to fairly compensate landowners for land, relocation costs and loss of
income. He also expressed concern that the corporate culture in American is not
WRURA Minutes
08-06-03
Page 1
very healthy at this time, noting the Westland project in Lakewood where K-Mart
has left 60,000 square feet of empty space in the center. He questioned the
wisdom of entering a relationship with any corporation on a long-term basis when
there are no short-term benefits to any urban renewal project.
Jim Windholz replied that Mr. Drew's concerns are exactly the reasons the
Authority has taken so much time in review and negotiations.
S. EXECUTIVE SESSION
It was moved by Vance Edwards and seconded by Elwyn Kiplinger to move
into Executive Session under CRS 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 tbe
38th Avenue and Sheridan Boulevard redevelopment project. The motion
passed unanimously.
The regular meeting was adjourned into executive session at 6: 17 p.m. The
executive session was convened in the second floor conference room at 6:20 p.m.
Those attending the executive session were: Vance Edwards, Janet Leo, Elwyn
Kiplinger, Norm Burkpile, Mary Hashem, Terrell Williams, Alan White, Steve
Szymanski, Arne Ray, Jim Windholz, and Ann Lazzeri.
The executive session was adjourned at 7:22 p.m. The regular meeting was
reconvened in the council chambers at 7:25 p.m.
6. NEW BUSINESS
A. Decision regarding 38th Avenue and Sheridan Boulevard
redevelopment project.
Mary Hashem reported that, based on financial information presented during
executive session, the Authority decided to move forward with Tatonka Capital
Corporation as the financing agent for the project. Jim Windholz stated that he
would proceed with details of a final contract with Tatonka and bring it back to
the Authority for approval as soon as possible.
Mr. Windholz requested the Authority to consider a time extension for some of
the requirements in the development agreement based on the following:
. The first report on the Phase II analysis of potential contamination on the site
was received today. It will now be necessary to make a determination as to
the extent and cost of remediation.
. The developer has submitted earnest money in the amount of$100,000 which
will be deposited with Chicago Title in an escrow account.
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o First drafts of appraisals for all affected properties have now been received.
These appraisals were reviewed by an eminent domain legal expert who gave
his assurance that all documentation was legally sound. Mr. Windholz will
instruct the appraiser to fmalize the documents which should occur no later
than August 29. The extra time involved is due to the necessity of evaluating
contamination and cost of remediation on at least one of the properties. When
appraisals are finalized and Colorado Department of Transportation (CDOT)
approval is obtained for turning access, acquisition discussions will begin with
property owners. This should occur approximately mid-September.
Mr. Windholz asked that the Authority approve the schedule of performance
with the following changes:
o Extend time for Authority to get final financing to August 15.
o Extend time for Authority to provide legal description and boundary
survey to developer to August 15.
o Extend time to make a determination regarding the extent and cost of
remediation for contaminated soils.
o Extend time for developer to receive approval from the Colorado
Department of Transportation for turning access to September 19.
It was moved by Norm Burkpile and seconded by Elwyn Kiplinger to
approve the changes to Exhibit B (Schedule of Performance) ofthe
Disposition and Development Agreement, as stated by Mr. Windholz. The
motion passed unanimously.
Chair Hashem stated that she would be out of town for a period of time beginning
August 19. Mr. Windholz requested that Chair Hashem designate an Authority
member to sign the financing agreement with Tatonka Capital in case of her
absence.
It was moved by Vance Edwards and seconded by Janet Leo that Norm
Burkpile be designated to sign necessary documents in the absence of Chair
Hashem. The motion passed unanimously.
There was a consensus of the Authority to direct Mr. Windholz to proceed with
fmalization of the Disposition and Development Agreement as well as the
fmancing agreement.
Mr. Windholz stated that closing is scheduled for October 28. When financing is
completed, it will be necessary for WRURA and City Council to amend the Urban
Renewal Plan to put tax increment financing in place.
In response to a question from Chair Hashem, Mr. Windholz stated that there is a
contingency that the developer can back out of the agreement if access approval is
not granted from CDOT.
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WRURA Minutes
08-06-03
In response to a question from Norm Burkpile, Mr. Windholz stated that the
October 28 closing date would be affected if CDOT approval is not obtained by
September 19.
Mr. Windholz invited questions and comments from affected property owners.
Arthur Fast
Kitchen Masters
Mr. Fast addressed the Authority to express his frustration with the timing of
executive sessions and the inconvenience it causes when interested people are
required to wait in the council chambers during these sessions. He suggested that
interested parties be informed of the time the executive session is expected to
conclude so they can arrive in time forthe regular meeting. Chair Hashem
acknowledged that Mr. Fast's point was well taken and directed that future
agendas be revised to schedule executive sessions after roll call and approval of
the minutes and that the regular meeting will occur approximately 30-60 minutes
after the executive session begins.
Mr. Fast also expressed his frustration with the timing of the project. While he
understands the process and is in favor of the project, he requested that the
Authority give property owners more specific dates so that business decisions can
be made in regard to advertising, signing new leases, etc. He stated that the
uncertainty of the timing process is affecting income from his business. He also
stated that it would take approximately 5-6 months to relocate his business.
7. OLD BUSINESS
There was no old business to come before the Authority.
8. OTHER MATTERS
There were no other matters to come before the Authority
9. ADJOURNMENT
Chair Hashem adjourned the meeting at 7:50 p.m.
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Mary Has em, Chair
WRURA Minutes
08-06-03
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