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MINUTES OF
WHEAT RIDGE URBAN RENEWAL AUTHORITY
February 15,2005
5:30 p.m.
ORIGINAL
1. CALL THE MEETING TO ORDER
The meeting of the Wheat Ridge Urban Renewal Authority meeting was called to
order by Chair Williams at 5:32 p.m. in the council chambers of the Municipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL OF MEMBERS
Commissioners present:
Janet Leo
Tom Mallinson
Terrell Williams
Pete Ziemke
Also attending:
Alan White, WRURA Executive Director
Jeff Parker, WRURA Attorney
Ann Lazzeri, Recording Secretary
3. APPROVAL OF MINUTES
It was moved by Tom Mallinson and seconded by Pete Ziemke to approve
the minutes of January 18, 2005 as presented. The motion passed
unanimously.
4. PUBLIC FORUM
Mayor Gretchen Cerveny
Mayor Cerveny requested to be placed on a future Urban Renewal meeting
agenda to present the strategic plan developed by City Council in July. There was
a consensus of the Authority to schedule Mayor Cerveny's presentation for the
meeting of March 1,2005.
Kelly Zielbauer
5280 W. 38th Avenue
Ms. Zielbauer asked to know the status of the 38th and Sheridan project. Chair
Williams explained that since the project was cancelled six months ago,
Cornerstone Development filed a lawsuit against the Authority. The initial
hearing was held in December at which time a ruling was made to require court
approval for any and all WRURA expenditures. To this date, the judge has not
made a final ruling on the case. Therefore, no further settlements with property
owners can be made at this time.
WRURA Minutes
02-15-05
Page 1
Ms. Zielbauer stated that she has entered into negotiations to sell her property and
that on two occasions (one on February 4, 2005) prospective buyers came to the
city building and were told that her property is earmarked for a Walgreens and
that they wouldn't suggest entering into a contract with Ms. Zielbauer. Chair
Williams asked Ms. Zielbauer to identify the individual(s) who gave the
information to the prospective buyers. Ms. Zielbauer replied that she did not
know the name(s) but was in the process of obtaining statements that would
identify the people.
Chair Williams reiterated that the project had been cancelled by WRURA and
there are no intentions on the part ofWRURA to do anything with this location.
He asked legal counsel if it were fair to assume that the urban renewal project at
38th and Sheridan could never be revived. Mr. Parker replied that there is only an
extremely remote chance that could happen.
Kelli Zielbauer requested the Authority to either purchase her property or
compensate her for damages. If this doesn't occur, she stated that she would enter
into a lawsuit against the Authority.
Robert Wallace
3749 Sheridan
In light ofWRURA funds being frozen, Mr. Wallace stated that he "would bet"
that Don Ostrander was still receiving compensation for his services. Chair
Williams explained that, to his knowledge, the judge has given no approval for
expenditures of any funds since the initial ruling.
Danica Filonowich
5280 W. 38th Avenue
Ms. Filonowich is co-owner of the above property with her sister, Kelli Zielbauer.
She stated that she concurred with her sister's comments and that she did not
believe the Authority had honored its obligation to them. Since their former
tenant moved out, they have been unable to rent or sell the property because the
newspapers have published information about the lawsuit between WRURA and
Cornerstone.
Chair Williams stated that the Authority has attempted to be sensitive to the
tenants' and property owners' situations. The Authority has, through its
attorneys, made efforts to negotiate settlements with each tenant and property
owner. He assured those present that the Authority will do whatever it can as
quickly as it can to resolve their concerns; however, it is not known at this time
when that will be.
Janet Leo requested that Ms. Zielbauer provide the names of those at the city who
provided information to prospective buyers to Alan White as soon as possible.
WRURA Minutes
02-15-05
Page 2
5. NEW BUSINESS
Alan White introduced Tim Sittema and Evan Lichtenfels of Sittema Properties
and advised that Mr. Sittema had expressed interest in developing an urban
renewal project at 44th and Wadsworth. Mr. Sittema reviewed his past experience
in developing urban renewal type areas. He requested an executive session to
discuss the specific details of his plan.
Mr. Parker ruled that it would be legal to hold an executive session for this
purpose.
5. EXECUTIVE SESSION
It was moved by Janet Leo and seconded by Tom Mallinson that the Wheat
Ridge Urban Renewal Authority enter into an executive session on February
15,2005, to determine positions relative to matters that may be subject to
negotiations, develop a strategy for negotiations and/or instruct negotiators,
pursuant to CRS Section 24-6-402(4)(e). The motion passed unanimously.
The regular meeting was adjourned at 6: 1 0 p.m. The executive session was
convened in the lobby conference room at 6: 12 p.m. Those present for the
executive session were as follows: Janet Leo, Tom Mallinson, Terrell Williams,
Pete Ziemke, Alan White, Jeff Parker, Ted Sittema, Evan Lichtenfels, Barbara
Delgadillo and Ann Lazzeri. The executive session was adjourned at 6:37 p.m.
7. RECONVENE REGULAR MEETING
The regular meeting was reconvened at 6:38 p.m.
8. ADJOURNMENT
There being no further business to come before the Authority, it was moved by
Tom Mallinson and seconded by Janet Leo to adjourn the regular meeting at
6:40 p.m. The motion passed unanimously.
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Terrell Williams, Chair
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Ann Lazzeri, sec~
WRURA Minutes
02-15-05
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