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Wheat Ridge Housing Authority
Minutes of Special Meeting
August 11, 2020
A. CALL THE MEETING TO ORDER
The meeting was called to order at 4:05 p.m. by Chair Thompson in the Second Floor
Conference Room of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge,
Colorado.
B. ROLL CALL OF MEMBERS
Authority Members Present: Thomas Abbott
Chad Harr
Cheyanne Kinghorn
Janice Thompson
Amanda Weaver
Authority Members Absent: None
Also Present: Kenneth Johnstone, Executive Director
Lauren Mikulak, Staff Liaison
Tammy Odean, Recording Secretary
Gerald Dahl, City Attorney
C. APPROVAL OF MINUTES:
1. November 19, 2019
It was moved by Ms. Weaver and seconded by Mr. Abbott to approve the
minutes of November 19, 2019.
Motion approved 5-0.
D. OFFICERS REPORTS
E. PUBLIC FORUM
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There was nobody present from the public to speak.
F. NEW BUSINESS
1. Special Limited Partner for Wheat Ridge Town Center North Apartments
Ms. Mikulak gave a brief background on the history of the two Town Center
buildings and the memorializing of the Wheat Ridge Housing Authority becoming
a limited partner in the ownership entities of the Wheat Ridge Town Center
Apartments and the Town Center North Apartments. This topic is a follow-up
from discussions in prior meetings in 2018 and 2019.
Tyler Downs, Wazee Partners
Mr. Downs also gave a brief history of the Town Center Apartments along with
the difficulty in valuing the properties for property tax purposes with the County
He explained that partnering with the Wheat Ridge Housing Authority would give
them some tax relief.
Ms. Thompson asked how the City and/or the Housing Authority is protected if
there is ever an insurance claim. She also wanted confirmation that there will be
no personal liability for the members of the Housing Authority.
Mr. Downs explained that they would indemnify the Authority and would defend
all limited partners.
Chris Gunlikson, Attorney
Mr. Gunlikson said the Housing Authority will also be a certificate holder on the
insurance policy and as such will be notified of any changes to the policy. He
clarified there will be no personal liability for the members of the Authority with
limited obligations.
Mr. Dahl concurred with Mr. Gunlikson and he explained the roles of the
members.
Ms. Thompson also asked if the property taxes are neglected to be paid if tax
liability will that fall back on the City.
Mr. Gunlikson said no that responsibility does not cross over to the partners. He
explained that the Housing Authority is exempt from paying property taxes.
Mr. Johnstone asked what would happen if the managing partner began to fail to
enforce the income restrictions on the project and it ended up in court.
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August 11, 2020
Mr. Downs explained it would be limited to the partnership obligations and it
would not trickle down to the limited partner. He also mentioned the two
restrictions: 1. The project cannot lease to any one if the household does not have
somebody 62 years or older; 2. The residents have to be income qualified, which
means depending on the size of the apartment, they can't make more than $34,000
- $38,000/year in income. Application files are audited once a year to ensure
compliance with age and income restrictions.
Mr. Abbott asked how payment to partners would work if there was insufficient
cash flow.
Mr. Downs said the limited partner is entitled to payment if there is positive cash
flow and if there is none then nobody gets paid.
Authur Hundhauson, Attorney
Mr. Hundhauson clarified that that the reason the Housing Authority is a limited
partner is for the property tax to go away and there is no liability for property tax.
It was moved by Ms. Kinghorn and seconded by Ms. Weaver to approve the
Wheat Ridge Housing Authority as an Administrative Limited Partner in the
ownership entity of the Town Center North Apartments and further move to
authorize the Executive Director to execute the partnership and fee
agreements on behalf of the Board and based on the terms as presented.
Motion passed 5-0.
2. Resolution 01-2020: Establishing a designated public place for the posting of
meeting notices as required by the Colorado Open Meetings Law
Ms. Mikulak explained this annual requirement. This being the Authority's first
meeting of 2020, they are seeing this resolution now.
It was moved by Ms. Weaver and seconded by Mr. Harr to recommend
approval of Resolution No. 01-2020, a resolution establishing a designated
public place for the posting of meeting notices as required by the Colorado
Open Meetings Law.
Motion Passed 5-0.
3. 2020 Budget Adoption
Ms. Mikulak explained the budget. This being the Authority's first meeting of
2020, they are seeing this now. She said the budget is simple because there has
been limited activity and the audit and accounting charges, and City
reimbursement have been eliminated.
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It was moved b Mr. Abbott and seconded by Ms. Kinghorn to approve
Resolution No. 02, a resolution enacting a budget and appropriation for the
year 2020.
Motion passed 5-0.
G. OLD BUSINESS
Ms. Thompson asked about any reports letting the community know more about what the
Housing Authority has done in the paste and what is on the horizon.
Ms. Mikulak said an article mentioning the partnership with Town Center Apartments can
be put in Connection at some point in time.
H. OTHER
I. ADJOURNMENT
It was moved by Mr. Harr and seconded by Ms. Kinghorn to adjourn the meeting at
4:45 p.m.
Motion passed 5-0.
*aicehompson, thair Tammy Odean, Reedrding Secretary
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