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ON THE WATER REDEVELOPMENT AUTHORITY of the City of Oshkosh clo Dept. of Community Development 215 Church Ave., PO Box 1130 Oshkosh, WI 54902-1130 (920) 236-5055 (920) 236·5053 FAX http://www.ci.oshk
osh.wLus MARK ROHLOFF Executive Director ~ OJHKOJH THOMAS BELTER Chairman SPECIAL MEETING REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH ROOM 406, OSHKOSH CITY HALL 4:00PM March 30,
2010 1) ROLL CALL 2) APPROVAL OF MINUTES: February 8, 2010 3) NEW BUSINESS ).> Introduce Community Development Director, Allen Davis ).> 10-05 Approve Appointment of Secretary/Executive
Director for the Redevelopment Authority of the City of Oshkosh Public Hearing Relating to Proposed Spot Blight Designation For Property Located at 112 Broad Street ).> 10-06 Approve
Spot Blight Designation for the Property at 112 Broad Street ).> 10-07 Approve Use of Lots in the 600 Block of Jefferson Street as a Temporary Parking Lot in Conjunction with the Main
Street Reconstruction Project; Approve Agreement with City of Oshkosh for Same 10-08 Ratify Execution of Leases and Assignments and Authorize Future Leases and Assignments for Purposes
of Securing Financing Commitments for the Marion Road/Pearl Avenue Redevelopment Area 10-09 Amend Developer Agreement with Oshkosh River Development LLC for Purpose of Allowing Conveyance
of Property in the Marion Road/Pearl Avenue Redevelopment Area to Other Entities with the Same Owners as Oshkosh River Development LLC and Controlled by Art and Andy Dumke 4) EXECUTIVE
DIRECTOR ANNOUNCEMENTS/STATEMENTSIDISCUSSION ).> Marion Road Riverwalk Update ).> Extension of Lease Agreement with H&M Commercial for 1 East 8th Avenue 5) ADJOURNMENT
Redevelopment Authority of the City of Oshkosh Minutes February 8, 2010 PRESENT: Thomas Belter, John Bermingham, Steve Hintz, Ben Schneider, Don Simons EXCUSED: Archie Starn, Paul Esslinger
STAFF: Mark Rohloff, City Manager; Darryn Burich, Planning Director; Darlene Brandt, Recording Secretary Chairman Belter called the meeting to order at 4:00 pm. Roll call was taken and
a quorum declared present. The minutes of January 20,2010 were approved as distributed (Bermingham/Hintz). Public Hearing: Proposed Designation of Spot Blight for Property at 1001 &
1007 Bay Shore Drive (1001 Bayshore Drive LLC) Chairman Belter opened the public hearing for comments. No one appeared. The public hearing was closed. Res. 10-04 Consideration of Resolution
Designating Spot Blight of Project Site Located at 1001 & 1007 Bayshore Drive (1001 Bayshore Drive LLC) Motion by Bermingham to approve Res. 10-04. Seconded by Hintz. Chairman Belter
noted blighting the properties is the final step relative to the Midwest Disaster finance bonds, except the bond approval itself. Roll call was taken. Motion carried 5-0. Discussion
on Request by Sami's on Main, 668 North Main Street -Utilize Lots on Jefferson Street for Temporary Parking during Main Street Reconstruction Project Mr. Burich noted a request was received
from Sami's on Main Street, 668 N. Main Street, to utilize the vacant lots on Jefferson Street for parking purposes during the Main Street reconstruction project.. In reviewing the area,
it appears the 400 Block should be able to provide alternative parking, but the 500 and 600 Blocks may have concerns. Mr. Hintz inquired if the Business Improvement District has done
anything to work with property owners on Main Street? What about liability concerns? 2/8/2010 RDA Minutes
Mr. Burich noted the BID district boundaries only go to Parkway Avenue and did not include the 600 Block. Otherwise, yes, the BID is working with property owners on Main Street to address
parking concerns, access, etc. during the reconstruction project. Mr. Bermingham indicated he didn't have a problem with the concept, but did not want to see the RDA incur any costs.
Chairman Belter indicated he had some safety issue concerns, mainly due to no lighting on the vacant residential lots. Mr. Schneider felt it made sense to investigate the concept further
and work with the property owners in the immediate area. It was the consensus to have staff further review parking options in the 600 Block area of Main Street. There being no further
business, the meeting adjourned at approximately 4: 11 pm (Hintz/Bermingham) . Respectfully submitted, Mark Rohloff Executive Director 2/8/2010 RDA Minutes 2
REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH MARCH 30, 2010 10-05 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ), PURPOSE: APPROVE APPOINTMENT OF SECRETARY /EXECUTIVE DIRECTOR FOR
THE REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH WHEREAS, State Statutes and the Bylaws of the Redevelopment Authority allow the Authority to appoint an Executive Director who shall
also act as Secretary to the Redevelopment Authority. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Authority of the City of Oshkosh that Community Development Director Allen Davis
is hereby appointed to act as the Secretary /Executive Director for the Redevelopment Authority of the City of Oshkosh with all of the duties, powers and responsibilities as defined
in the by-laws of the Authority.
REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, WISCONSIN MARCH 30, 2010 10-06 RESOLUTION (APPROVED LOST LAID OVER WITHDRAWN ) PURPOSE: APPROVE SPOT BLIGHT DESIGNATION FOR THE PROPERTY
AT 112 BROAD STREET WHEREAS, the Redevelopment Authority of the City of Oshkosh was created to assist in the elimination and prevention of blight and blighting influences and to promote
urban renewal; and WHEREAS, the property at 112 Broad Street exhibits conditions cited under Section 66.1333 (2m)3.(bm) of the Wisconsin Statutes that consider said property to be blighted;
and WHEREAS, Habitat for Humanity of Oshkosh has requested that the Authority spot blight the property at 112 Broad Street to assist them in obtaining State and/or Federal funds to offset
costs associated with demolition of the existing structure and construction of a new affordable single family home; and WHEREAS, Wisconsin Statutes provides that the Authority may assist
in private acquisition, improvement and development of blighted property for the purpose of eliminating its status as blighted property; and WHEREAS, the Redevelopment Authority has
conducted a public hearing to determine if the property at 112 Broad Street is blighted. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Authority of the City of Oshkosh 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) 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 redeveloped by the Authority. 2. Spot
Blight Designation. The Authority hereby finds that the Property is a blighted property in need of rehabilitation and blight elimination under the meaning in Section 66.1333 (2m)3.(bm)
of Wisconsin Statutes.
DISCLAIMER This map is neither a legally recorded map nor a survey and it is not intended to be used as one. This drawing is a compilation of records, data and information located in
various city, county and state offices and other sources affecting the area shown and it is to be used for reference purposes only. The City of Oshkosh is not responsible for any inaccuracies
herein contained. If discrepencies are found, please contact the City of Oshkosh. tER 100' AVE 30.0' Blight Designation 112 Broad Street City of Oshkosh Wisconsin Community Development
N + 3/5/2010 1" = 50' Created by -D
REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, WISCONSIN MARCH 30, 2010 10-07 RESOLUTION (APPROVED LOST LAID OVER WITHDRAWN .) PURPOSE: APPROVE USE OF LOTS IN THE 600 BLOCK OF JEFFERSON
STREET AS A TEMPORARY PARKING LOT AND ACCESS TO MAIN STREET BUSINESSES IN CONJUNCTION WITH THE MAIN STREET RECONSTRUCTION PROJECT; APPROVE AGREEMENT WITH CITY OF OSHKOSH AND O'BRIEN'S
TAVERN FOR PURPOSES OF SAME WHEREAS, the City of Oshkosh desires to utilize two vacant lots in the 600 Block of Jefferson Street as a temporary parking lot to provide public parking
and access to Main Street business for property owners and the public affected by the Main Street reconstruction project; and WHEREAS, the City anticipates entering into an easement/agreement
with the owner of O'Brien's Tavern at 686 North Main Street to provide access from the Jefferson Street properties to O'Brien's parking lot for parking purposes. NOW, THEREFORE, BE IT
RESOLVED by the Redevelopment Authority of the City of Oshkosh that the Authority hereby approves of the City of Oshkosh's use of the vacant lots at 679 and 683 Jefferson Street as a
temporary parking lot as well as the proposed access through the Jefferson Street lots to the property at 686 North Main Street, during the Main Street reconstruction project. BE IT
FURTHER RESOLVED that the proper Redevelopment Authority officials are hereby authorized and directed to enter into an appropriate agreement with the City of Oshkosh and O'Brien's Tavern
for purposes of same and said officials are authorized and directed to take those steps necessary to implement the terms and conditions of the Agreements.
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10 DISCLAIMER This map Is neither a legally recorded map nor a survey and It Is not Intended to be used as one. this drawing Is a compilation of records, data and Infonnatlon located
In va rIous city, county and state omces and other sources affecting the area shown and It Is to be used for reference pUrposes only. The City of Oahkoah Is not responsible for any Inaccuracies
herein contained. If dlscrepencles are found, please contact the City of Oshkosh. TEMPORARY PARKING LOT 600 BLOCK JEFFERSON ST Scale: 1" = 60' Created by -dff 120.0' ~I <0 co <0 <0(0
(0I NAOJtfKOfH ONTH( WAnA City of Oshkosh Department of Community Development 03/16/10
E IRVING AVE 600 Block Jefferson Street IRVING AVE 19 OJHKOJH ON THE WATER 5' Side Yard Setback 25' Front Yard Setback \-00 Zo00 0:: wu, u, W-, I-s 00 z«~ z 5' Rear Yard Setback 60i
20 10 0 P"'"w-. 20 40 Feet 1 inch = 50 feet DISCLAIMER This map is neither a legally recorded map nor a survey and It Is not intended to be used as one. This drawing Is a compilation
of records, data and information located In various city, county and state oflices and other sources affecting the area shown and it is to be used for reference purposes only. The City
of Oshkosh Is not responsible for any inaccuracies herein contained. If discrepancies are found, please contact the City of Oshkosh. • Source: City of Oshkosh G.I.S. March 10, 2010
REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH MARCH 30, 2010 10-08 RESOLUTION (CARRIED LOST LAID OVER. WITHDRAWN ) PURPOSE: RATIFY EXECUTION OF LEASES AND ASSIGNMENTS AND AUTHORIZE
FUTURE LEASES AND ASSIGNMENTS FOR PURPOSES OF SECURING FINANCING COMMITMENTS FOR THE MARION ROAD/PEARL AVENUE REDEVELOPMENT AREA WHEREAS, The Redevelopment Authority of the City of Oshkosh,
the City of Oshkosh and Oshkosh River Development, LLC entered into a Second Amended and Restated Development Agreement dated July 29, 2009, for the purpose of developing the area known
as the Marion Road/Pearl Avenue Redevelopment Area; and WHEREAS, the Second Amended and Restated Development Agreement anticipated the sale of the property to Oshkosh River Development
prior to the start of construction activities upon each parcel within the Redevelopment Area; and WHEREAS, the City of Oshkosh applied for and received Grants for Environmental Remediation
from the United States Environmental Protection Agency, the State of Wisconsin Department of Commerce and the State of Wisconsin Department of Natural Resources in the total amount of
$1,000,000; and WHEREAS, the terms of the Grants require that the City of Oshkosh and Redevelopment Authority remain the owner of the property during the environmental remediation activities
upon the property and during the life of the grant; and WHEREAS, the most efficient means of undertaking the environmental remediation activities upon the property is to do so in connection
with the construction of the planned developments upon the individual parcels requiring the City and RDA to enter into lease agreements and assignments for the purpose of facilitating
the construction and financing of the projects during the period prior to completion of the environmental remediation and transfer of the properties to Oshkosh River Development, LLC.
WHEREAS, the leases and assignments are consistent with the terms of the Development Agreement; and WHEREAS, time was of the essence with regard to the execution of these documents.
documents.MARCH 30, 2010 10-08 RESOLUTION CONTD NOW, THEREFORE, BE IT RESOLVED by the Redevelopment Authority of the City of Oshkosh that the actions of the Executive Director, City
Manager and other appropriate City officials signing and executing the lease and assignment of lease for purposes of facilitating the construction and financing of the projects in the
Marion Road/Pearl Avenue Redevelopment Area are hereby ratified. BE IT FURTHER RESOLVED that the Executive Director, City Manager, and any other appropriate RDA and City officials are
hereby authorized to sign and execute any additional leases and assignments of leases not inconsistent with the terms of the amended and Restated Development Agreement for the Marion
Road/Pearl Avenue Redevelopment Area for the purpose of facilitating the construction and financing of the remaining projects.
REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, WISCONSIN MARCH 30, 2010 10-09 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ) PURPOSE: AMEND DEVELOPER AGREEMENT WITH OSHKOSH RIVER DEVELOPMENT
LLC FOR PURPOSE OF ALLOWING CONVEYANCE OF PROPERTY IN THE MARION ROAD/PEARL AVENUE REDEVELOPMENT AREA TO OTHER ENTITIES WITH THE SAME OWNERS AS OSHKOSH RIVER DEVELOMPENT LLC AND CONTROLLED
BY ART AND ANDY DUMKE WHEREAS, the Redevelopment Authority (RDA) and City of Oshkosh previously approved a Development Agreement, as amended, with Oshkosh River Development LLC for disposition
and development of development areas in the Marion Road/Pearl Avenue Redevelopment Phase II Area; and WHEREAS, said Development Agreement requires that the development areas be conveyed
to Oshkosh River Development who could then convey the property to another entity, and WHEREAS, the proposed senior housing facility, known as 'The Rivers', will be funded in part with
WHEDA funds and a condition of the WHEDA tax credit purchase is that the RDA must convey the parcel directly to the entity that will oversee the facility; and WHEREAS, similar concerns
may occur as development proceeds under said Agreement with Oshkosh River Development; and WHEREAS, it is proposed to amend said Development Agreement with Oshkosh River Development
to address conveyances of development areas to other entities owned and controlled by Oshkosh River Development, per the attached. NOW, THEREFORE, BE IT RESOLVED by the Redevelopment
Authority of the City of Oshkosh that the Development Agreement, as amended and restated, with Oshkosh River Development LLC is hereby modified by the attached Amendment to address conveyances
of development areas to other entities owned and controlled by Oshkosh River Development, per the attached. BE IT FURTHER RESOLVED that the proper Redevelopment Authority officials are
hereby authorized and directed to enter into the attached amendment or a document with substantially the same terms as attached hereto, with any changes in the execution copy being deemed
approved by their respective signatures, and said RDA officials are authorized and directed to take those steps necessary to implement the RDA's obligations under the Developer Agreement.
AMENDMENT TO THE SECOND AMENDED AND RESTATED DEVELOPMENT AGREEMENT DATED JULY 29, 2009 This is an Amendment made on April __ , 2010 to the Second Amended and Restated Development Agreement
dated July 29, 2009, by and between the City of Oshkosh, a Wisconsin Municipal Corporation, and the Redevelopment Authority of the City of Oshkosh, Wisconsin, (collectively "City") and
Oshkosh River Development, LLC ("Developer"). RECITALS WHEREAS, the City and the Developer have previously entered into a Development Agreement, which has been Amended and Restated on
two or more occasions ("Development Agreement"); and, WHEREAS, the Development Agreement set forth the requirements for the development of the Marion Road/Pearl Avenue Redevelopment
Phase II Area, which is located in Tax Increment District No. 13 and portions of Tax Increment District No. 21 ("Project Land"); and, WHEREAS, the Developer has received approval from
the City to proceed with certain Projects on the Project Land; and, WHEREAS, for the purpose of carrying out the development of the Project Land has been previously approved by the City,
the Developer has formed a separate legal entity for the purpose of developing the Project Land, and more particularly for the development of Development Area 2, as identified in Exhibit
A and which is incorporated herein; and, WHEREAS, the entity by the Developer for the purposes of obtaining fmancing, developing Development Area 2, and for other reasons that will facilitate
the development of Project Land has been formed pursuant to Wisconsin law and identified as River Front Senior Apartments, LLC; and, WHEREAS, the Developer has provided the City with
the Operating Agreement for River Front Senior Apartments, LLC, and which Operating Agreement identifies the exact same members as those identified in the Operating Agreement for the
Developer including, but not limited to, Andrew J. Dumke and Arthur M. Dumke; and, WHEREAS, the Operating Agreement for the River Front Senior Apartments, LLC is substantially the same
in all other respects as the Operating Agreement for the Developer; and, WHEREAS, the Developer has advised the City that in order to obtain necessary and sufficient financing through
a Lender, WHEDA tax credit sale, and other issues, it is necessary that the City agree to transfer certain Project Land to formal entity(ies) other than Oshkosh River Development, LLC;
and, 1
WHEREAS, the Developer requests that the City convey, and the City agrees to convey, Project Land to entities other than Oshkosh River Development, LLC, provided: 1) the Developer makes
such requests in writing; 2) the requested entities are comprised of the exact same members as the Developer; 3) Andrew J. Dumke and/or Arthur M. Dumke shall retain sole management and
ownership control over the day to day operations of the other entity; and, 4) the operating agreement or other corporate governance document(s) of the other entity is the same or substantially
similar to that which controls Oshkosh River Development, LLC; NOW THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. The recitals
in this Amendment are incorporated herein as assertions and promises of the parties on which the other may rely upon and enforce in the event of a dispute; 2. Paragraph 2(g) of the Developer
Agreement, as Amended and Restated, is deleted in its entirety and replaced with the the following: 2(g) "Developer" means: Oshkosh River Development, LLC, a Wisconsin limited liability
company, and any other entity formed pursuant to the laws of Wisconsin which are comprised of the same owners as those in Oshkosh River Development, LLC and also which Andrew J. Dumke
and/or Arthur M. Dumke retain sole management and control over the day to day operations of the other entity, and their permitted successors and assigns. 3. Notwithstanding any term
in this Amendment, or in the Development Agreement, as Amended and Restated, the City shall retain the right, at its sole discretion, to request and receive from the Developer, as that
definition may be amended, all financial, corporate, development, and other information that the City it its sole discretion believes is necessary to carry out the terms of the development
agreement. 4. Notwithstanding any term in this Amendment, or in the Development Agreement, as Amended and Restated, Oshkosh River Development, LLC, shall be jointly and severally liable
with any other entity meeting the definition of developer for all terms, requirements, and liabilities set forth in the Development Agreement, as Amended and Restated, including the
terms of this Amendment. 5. Oshkosh River Development, LLC waives any claim against and shall hold the City harmless from any damages resulting from the City's conveyance of any Parcel
within the Project Land to any entity other than Oshkosh River Development, LLC where said conveyance was at the request of Oshkosh River Development, LLC. 6. In all other respects not
addressed by this Amendment, the terms and conditions of Development Agreement, as Amended and Restated, are ratified and remain in full force and effect. 2
In Witness Whereof, this Agreement is executed as of the date first above written. City of Oshkosh, Wisconsin By: _ Mark A. Rohloff, City Manager Attest: _ Pamela R. Uhrig, City Clerk
STATE OF WISCONSIN) )ss. WINNEBAGO COUNTY) Personally appeared before me this _day of ,2010, the above-named Mark A. Rohloff, City Manager, and Pamela R. Uhrig, City Clerk, of the City
of Oshkosh, Wisconsin, to me known to be the persons who executed the foregoing agreement on behalf of the City and by its authority. Name: _ Notary Public, State of Wisconsin My Commission
expires: _ Redevelopment Authority of the City of Oshkosh, Wisconsin By: _ Thomas Belter, Chairman Attest: _ Mark A. Rohloff, Executive Director STATE OF WISCONSIN ) WINNEBAGO COUNTY)
)ss. Personally appeared before me this _day of ,2010, the above-named Thomas Belter, Chairman and Mark A. Rohloff, Executive Director, of the Redevelopment Authority of the City of
Oshkosh, Wisconsin, to me known to be the persons who executed the foregoing agreement on behalf of the Authority and by its authority. Notary Public, State of Wisconsin My Commission
expires: _ 3
Oshkosh River Development, LLC, a Wisconsin limited liability company By: _ Name:--------------Title: --------------STATE OF WISCONSIN ))ss. WINNEBAGO COUNTY ) Personally appeared before
me this _ day of , 2010, the above-named _______ -' of Oshkosh River Development, LLC, a Wisconsin limited liability company, to me known to be the person who executed the foregoing
agreement on behalf of said limited liability company and by its authority. Notary Public, State of Wisconsin My Commission expires: _ 4
Marion Road/Pearl Avenue Redevelopment Project Phase /I Exhibit A Development Areas s June 19, 2009