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HomeMy WebLinkAbout10-37FEBRUARY 9, 2010 10 -37 RESOLUTION (CARRIED 6 -0 LOST LAID OVER WITHDRAWN ) PURPOSE: RESOLUTION DESIGNATING SPOT BLIGHT OF PROJECT SITE LOCATED AT 1001 AND 1007 BAYSHORE DRIVE (1001 BAYSHORE DRIVE, LLC PROJECT) WHEREAS, the Redevelopment Authority of the City of Oshkosh, Wisconsin (the "Authority ") is a public body corporate and politic duly organized by the City of Oshkosh, Wisconsin (the "City ") and is authorized by Section 66.1333 of the Wisconsin Statutes, as amended (hereinafter sometimes referred to as the "Act ") to prepare redevelopment plans and urban renewal plans and undertake and carry out redevelopment and urban renewal projects within the corporate limits of the City, including but not limited to: (a) to acquire property necessary or incidental to an urban renewal program and to lease, sell or otherwise transfer such property to a public body or private party for use in accordance with a redevelopment plan and to assist private acquisition, improvement and development of blighted property for the purpose of eliminating its status as blighted property; (b) to enter into contracts determined to be necessary to effectuate the purposes of the Act; and (c) to issue revenue bonds to finance its activities; and WHEREAS, the City and the Authority have been provided with information regarding existing conditions located at 1001 and 1007 Bayshore Drive, Oshkosh, Wisconsin (the "Property "), which Property will be owned by OLH, LLC, a Wisconsin limited liability company, or a related limited liability company to be formed, attached hereto as Exhibit A (the "Blight Report "); and WHEREAS, the Property has been preliminarily identified as blighted property in need of rehabilitation and blight elimination in accordance with the Act; and WHEREAS, a notice of public hearing in the form attached as Exhibit B was published and the Authority held a public hearing in accordance with Section 66.1333(5)(c)(2) of the Wisconsin Statutes on February 8, 2010; and WHEREAS, following the public hearing, the Authority found that (a) conditions of blight exist at the Property and (b) development of the Property will alleviate blight, in accordance with Section 66.1333(6) of the Wisconsin Statutes and submitted its findings to the City Council; and wHDi6908296.1 NOW, THEREFORE, BE IT RESOLVED by the City Council that: 1. Findings and Determinations It has been found and determined and is hereby declared that: (a) conditions of blight exist at the Property; and (b) development of the Property would act as an inducement for alleviation of blight and further development of the Property, thereby making more likely the accomplishment of the public purpose objectives set forth in the Act; (c) the City has reviewed the Blight Report and finds that blight existed and continues to exist on the Property; and (d) a comprehensive plan of redevelopment is not necessary with respect to the private redevelopment of the Property or the relation of the redevelopment of the Property to other property redevelopment by the Authority. 2. Spot Blight Designation The City Council hereby finds that the Property is a blighted property in need of rehabilitation and blight elimination in accordance with the Act. 3. Waiver of Sole Property Owner The sole owner of the Property has executed a waiver in the form attached as Exhibit C , waiving the twenty (20) day notice of hearing requirements set forth in Section 66.1333 of the Wisconsin Statutes. 4. General Authorizations The Mayor and the City Clerk and the appropriate deputies and officials of the City, in accordance with their assigned responsibilities are hereby each authorized to execute, deliver, publish, file and record such other documents, instruments, notices and records and to take such other actions as shall be necessary or desirable to accomplish the purposes of this Resolution. Any actions taken by the Mayor and the City Clerk consistent with this Resolution are hereby ratified and confirmed. 5. TEFRA Hearing; Approval of Highest Elected Official After the notice of public hearing relating to the proposed issuance of revenue bonds on behalf of 1001 Bayshore Drive, LLC (the " TEFRA Hearing ") has been properly noticed and held by the Authority, the Mayor is authorized to execute an Approval of Highest Elected Official for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, with respect to the issuance of the bonds. WM /6908296.1 2 6. Effective Date; Conformity This Resolution shall be effective immediately upon its passage and approval. To the extent that any prior resolutions of the City are inconsistent with the provisions hereof, this Resolution shall control and such prior resolutions shall be deemed amended to such extent as may be necessary to bring them in conformity with this Resolution. Adopted and approved this 9th day of February, 2010. Attest: Pamela Ubrig, City Clerk Paul J. Esslinger, Mayor WM /6908296.1 3 CERTIFICATION BY CITY CLERK I, Pamela Ubrig, hereby certify that I am the duly qualified and acting City Clerk of the City of Oshkosh, Wisconsin (the "City "), and as such I have in my possession, or have access to, the complete corporate records of the City and of its governing body; that I have carefully compared the transcript attached hereto with the aforesaid records; and that said transcript attached hereto is a true, correct and complete copy of all the records in relation to the adoption of Resolution No. entitled: "RESOLUTION DESIGNATING SPOT BLIGHT OF PROJECT SITE LOCATED AT 1001 AND 1007 BAYSHORE DRIVE (1001 BAYSHORE DRIVE, LLC PROJECT)." I hereby further certify as follows: 1. Said Resolution was considered for adoption by the City Council at a meeting held at City Hall, 215 Church Avenue, Oshkosh, Wisconsin, at p.m. on February 9, 2010. Said meeting was a regular meeting of the City Council and was held in open session. 2. Said Resolution was on the agenda for said meeting and public notice thereof was given not less than twenty -four (24) hours prior to the commencement of said meeting in compliance with Section 19.84 of the Wisconsin Statutes, including, without limitation, by posting on the bulletin board in the City Hall, by notice to those news media who have filed a written request for notice of meetings, and by notice to the official newspaper of the City. 3. Said meeting was called to order by who chaired the meeting. Upon roll, I noted and recorded that the following alderpersons were present: and that the following alderpersons were absent: WM /6908296.1 4 I noted and recorded that a quorum was present. Various matters and business were taken up during the course of the meeting without intervention of any closed session. One of the matters taken up was said Resolution, which was introduced, and its adoption was moved by and seconded by Following discussion and after all alderpersons who desired to do so had expressed their views for or against said Resolution, the question was called, and upon roll being called and the continued presence of a quorum being noted, the recorded vote was as follows: AYE: NAY: ABSTAINED: Whereupon the meeting chairperson declared said Resolution adopted, and I so recorded it. IN WITNESS WHEREOF, I have signed my name hereto as of this 9th day of February, 2010. CITY OF OSHKOSH, WISCONSIN [SEAL] Pamela Ubrig, City Clerk WM /6908296.1 5 EXHIBIT A BLIGHT REPORT OF PROPERTY LOCATED AT 1001 AND 1007 BAYSHORE DRIVE IN THE CITY OF OSHKOSH (the "Project Site ") (1001 Bayshore Drive, LLC Project) Statutory Definitions of "Blight" Section 66.1333(2m)(bm) of the Wisconsin Statutes provides a definition of "blight" and cites certain examples of conditions of blight. Both the broad statutory definition and the blight finding which have been made by municipalities throughout the State are much broader than the classic dictionary definition of blight. Essentially the Statute provides three (3) separate routes to identify blight: 1. Property which by reason of dilapidation, deterioration, age or obsolescence, inadequate provisions of ventilation, light, air or sanitation, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime, and is detrimental to the public health, safety, morals or welfare; or 2. Property which by reason of faulty lot layout in relation to size, adequacy, accessibility of usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the fair market value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or any combination of such factors, substantially impairs or arrests the sound growth of a village, retards the provisions of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, morals or welfare in its present condition and use; or 3. Property which is predominantly open and which because of obsolete platting, diversity of ownership, deterioration of structures or of site improvements or otherwise, substantially impairs or arrests the sound growth of the community. Narrative Description of Blight Conditions at the Property 1001 Bayshore Drive, LLC represents that the following conditions of blight currently exist and will be corrected with completion of the project to be financed with the proceeds of conduit tax - exempt Bonds, which project consists of the acquisition and rehabilitation of existing multi - family residential facilities located at 1001 and 1007 Bayshore Drive, in the City of Oshkosh, Wisconsin (the "Project "): A -1 CONDITIONS OF BLIGHT The Project Site suffers from significant challenges that impair efficient economic development of the site and which will require rehabilitation and or remediation, including: � The Property is located on a floodplain. Currently, utility poles are above ground and create both a visual and a physical impediment. The Project includes burying the utilities underground. The Property has an inadequate dumpster enclosure, and the Project includes building a new dumpster enclosure. There is a dilapidated boathouse on the Property, and the Project includes remodeling and restoration of the boathouse. All existing units in the facility will be completely remodeled, including replacement of old windows and installation of energy efficient windows. Currently, outside lighting is insufficient to meet safety needs. The Project includes installation of exterior lighting. The existing facility is more than 40 years old and the exterior of the facility is in poor repair and reflects poorly on the City. The Project includes extensive exterior improvements. The existing boilers are over 40 years old and will be replaced with new, energy efficient furnace systems to improve the facility for the health and safety of residents. A -2 EXHIBIT B NOTICE OF PUBLIC HEARING PROPOSED DESIGNATION OF SPOT BLIGHT BY THE REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH The Redevelopment Authority of the City of Oshkosh, Wisconsin (the "Redevelopment Authority ") has proposed to designate the property located at 1001 and 1007 Bayshore Drive in the City of Oshkosh, Wisconsin (the "Property ") as blighted Property in need of rehabilitation and blight elimination in accordance with Section 66.1333 of the Wisconsin Statutes. The Redevelopment Authority will hold a public hearing at 4:00 p.m. on February 8, 2010, at City Hall located at 215 Church Avenue, Oshkosh, Wisconsin. The purpose of this public hearing is to allow all interested parties a full opportunity to express their views with respect to the proposed designation of blight with respect to the Property in order to assist the Redevelopment Authority in making its determination. Copies of the Blight Report are available from the Executive Director at 215 Church Avenue, Oshkosh, Wisconsin, weekdays from 8:00 a.m. to 4:30 p.m. or by mail. Publish above as Class 2 Notice on: January 25, 2010 and February 1, 2010 Executive Director Redevelopment Authority of the City of Oshkosh WM /6908296.1 B -1 EXHIBIT C The Redevelopment Authority of the City of Oshkosh, Wisconsin (the "Redevelopment Authority ") has proposed to designate the property located at 1001 and 1007 Bayshore Drive in the City of Oshkosh, Wisconsin (the "Property ") as blighted property in need of rehabilitation and blight elimination in accordance with Section 66.1333 of the Wisconsin Statutes (the "Act "). The Redevelopment Authority will hold a public hearing at 4:00 p.m. on February 8, 2010, at City Hall located at 215 Church Avenue, Oshkosh, Wisconsin. The purpose of this public hearing is to allow all interested parties a full opportunity to express their views with respect to the proposed designation of spot blight of the Property in order to assist the Redevelopment Authority in making its determination. Copies of the Blight Report with respect to the Property are available from the Executive Director at 215 Church Avenue, Oshkosh, Wisconsin, weekdays from 8:00 a.m. to 4:30 p.m. or by mail. The undersigned, as the owner of the Property, hereby waives the twenty (20) day notice of hearing requirements set forth in Section 66.1333(5)(c)(2) of the Wisconsin Statutes. The owner further acknowledges that the Property is "Blighted Property" within the meaning of the Act, for the reasons set forth in the Blight Report. Executed this day of , 2010. By:_ Title: wHDi6908296.1 C -1 I�• ON THE WATER TO: Honorable Mayor and Members of the Common Council FROM: Darryn Burich V Director of Planning ervices DATE: February 4, 2010 RE: Resolution Designating Spot Blight of Project Site Located at 1001 & 1007 Bay Shore Drive (1001 Bayshore Drive LLC Project) BACKGROUND On January 20, 2010, the Redevelopment Authority (RDA) approved setting a public hearing for February 8th for a final spot blight designation for the residential properties at 1001 & 1007 Bayshore Drive. On January 26th, Council subsequently approved preliminary approval of a spot blight designation for the properties in question. ANALYSIS If approved by the RDA and Council, the spot blight designation is associated with assisting the property owner in obtaining favorable tax ents and f an overall inheshment in the property and area developer to provide a level of improvem that may not otherwise be possible. FISCAL IMPACT None anticipated other than the value of the property will likely increase due to the proposed improvements. RECOMMENDATION Staff recommends approval of the spot blight designation. The RDA will take action on this item at a special meeting on February 8th. Approved, City Manager