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HomeMy WebLinkAbout08/17/2004 ORIGINAL MINUTES OF WHEAT RIDGE URBAN RENEWAL AUTHORITY August 17, 2004 5:30 p.m. 1. CALL THE MEETING TO ORDER The Wheat Ridge Urban Renewal Authority meeting was called to order by Chair Hashem at 5:40 p.m. in the council chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commissioners present: Mary Hashem Elwyn Kiplinger Janet Leo Tom Mallinson Terrell Willianis Pete Ziemke Also attending: Alan White, WRURA Executive Director Corey Hoffmann, WRURA Attorney Art Fast, Kitchen Masters Mike Olivas, Kitchen Masters Terry McFadden, Paradise Billiards Charles Durbin, 3703 Ames St. Robert Wallace Jeff Bailey, Cornerstone Development John Lubitz, Attorney for Cornerstone Development. Ann Lazzeri, Recording Secretary 3. APPROVAL OF MINUTES It was moved by Terrell Williams and seconded by Janet Leo to approve the minutes of August 5, 2004 as presented. The motion passed unanimously. 4. PUBLIC COMMENT No one indicated a desire to speak at this time. 5. EXECUTIVE SESSION It was moved by Terrell Williams and seconded by Elwyn Kiplinger to adjourn to executive session under CRS Section 24-6-402(4)(b) for the purpose of receiving legal advice regarding specific legal questions related to acquisition and relocation issues at the 38th Avenue and Sheridan Bonlevard redevelopment project. The motion passed unanimously. WRURA Minutes 08-17-04 Page I The regular meeting was adjourned at5:42 p.m. Executive session was convened in the lobby conference rooIi1 at 5:43 p.m. Those present for the executive session were as follows: Mary Hashem, Janet Leo, Elwyn Kiplinger, Tom Mallinson, Terrell Williams, Pete Ziemke, Alan White, Corey Hoffmann, and Ann Lazzeri. The executive session was adjourned at 6:42 p.m. The regular meeting was reconvened at 6:43 p.m. . Based on discussion during executive session concerning the Disposition and Development Agreement (DDA) between the Authority and the Cornerstone Group, it was moved by Pete Ziemke and seconded by Tom Mallinson to authorize counsel to send written notice of default to the developer under Section 15.1 of the Agreement reciting two particular defaults: one being a default under paragraph 5.1 and the other being a default under paragraph 5.6; the first relating to fmancing commitments and the second relating to commitment from Walgreens for an irrevocable commitment to carry on this project. The motion passed unanimously. 6. NEW BUSINESS . Chair Hashem announced that the Authority has set a schedule for formal meeting times. From this time forward, the Authority will meet on the first and third Tuesday of the month at 5:30 p.m. unless need arises for special meetings. 7. PUBLIC FORUM At the request of Art Fast (Kitchen Masters), the public forum was re-opened for further clarification ofthe motion made by Pete Ziemke. Mr. Ziemke explained that there are two defaults under the DDA. (1) Over a year ago, the Authority was to have received a binding commitment from Walgreens to sign a lease on this project and that commitment has never been received; and (2) adequate financing has not been received at this point. The contract allows for a 30-day cure of the defaults. If the defaults are not cured during the 30-day period, the contract is terminated. Chair Hashem further explained that the Authority has had indications that the existing loan agreement is not adequate and there is also a question of collaterization of the funds. Immediate possession hearings have been postponed because adequate funding has not been assured. Terry McFadden spoke from the audience and expressed his frustration with the uncertainty of the lengthy process involved in this project. WRURA Minutes 08-17-04 Page 2 8. ADJOURNMENT The meeting was adjourned at 6:50 p.m. 1'j~3~ Mary Hashem, Chair ~~ Ann Lazzeri, Secretary WRURA Minutes 08-17-04 Page 3