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HomeMy WebLinkAbout10-14 REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH JUNE 21, 2010 10-14 RESOLUTION (CARRIED LOST LAID OVER WITHDRAWN ,) PURPOSE: RESOLUTION DESIGNATING SPOT BLIGHT OF PROJECT SITE LOCATED AT LOTS 3 & 5 OF THE UNIVERSAL BUSINESS PARK (DERMATOLOGY ASSOCIATES OF WISCONSNI, S.C. PROJECT) WHEREAS, the Redevelopment Authority of the City of Oshkosh, Wisconsin (the "Authority") is a redevelopment authority 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, expansion, 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 Lots 3 and 5 of the Universal Business Park in the City of Oshkosh, Wisconsin (the "Property") owned by DAW Buildings LLC, a Wisconsin limited liability company, 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 was published in the form attached as Exhibit B and the Authority held the public hearing in accordance with Section 66.1333(5)(c)(2) of the Wisconsin Statutes on June 21, 2010; and WHD17171059,2 WHEREAS, the Authority herein makes findings 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. NOW, THEREFORE, BE IT RESOLVED by the Commissioners of the Redevelopment Authority of the City of Oshkosh, Wisconsin 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; and (c) 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 Authority 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 Chairperson and the Executive Director and the appropriate deputies and officials of the Authority, 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 Chairperson and the Executive Director consistent with this Resolution are hereby ratified and confirmed. 5. Effective Date; Conformity. This Resolution shall be effective immediately upon its passage and approval. To the extent that any prior resolutions of the Authority 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. WlID17l71059.2 2 WHD/7171059.2 Adopted and approved this 21st day of June, 2010. REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, WISCONSIN By: _ Thomas Belter, Chairperson By: _ H. Allen Davis, Executive Director 3 CERTIFICATION BY EXECUTIVE DIRECTOR OF THE AUTHORITY I, H. Allen Davis, hereby certify that I am the duly qualified and acting Executive Director of the Redevelopment Authority of the City of Oshkosh, Wisconsin (the "Authority"), and as such I have in my possession, or have access to, the complete corporate records of the Authority 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 LOTS 3 AND 5 OF THE UNIVERSAL BUSINESS PARK (DERMATOLOGY ASSOCIATES OF WISCONSIN, S.C. PROJECT)." I hereby further certify as follows: 1. Said Resolution was considered for adoption by the governing body of the Authority at a special meeting held at City Hall located at 215 Church Avenue, Oshkosh, Wisconsin, at 4:00 p.m. on June 21,2010. Said meeting was a special meeting of the governing body of the Authority 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 commissioners were present: and that the following commissioners were absent: 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 _ WHD!7I71059.2 4 Following discussion and after all commissioners 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 21st day of June, 2010. REDEVELOPMENT AUTHORITY OF THE CITY OF OSHKOSH, WISCONSIN [SEAL] By:--------------------H. Allen Davis, Executive Director WHD17171059.2 5 EXHIBIT A BLIGHT REPORT OF PROPERTY LOCATED AT LOTS 3 AND 5 OF THE UNIVERSAL BUSINESS PARK IN THE CITY OF OSHKOSH (the "Property") (Dermatology Associates of Wisconsin, S.C. 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 Dermatology Associates of Wisconsin, S.C. 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 (i) remodeling and refurbishment of an existing approximately 5,000 square foot clinic facility located at 1515 Randolph Court in the City of Manitowoc, Wisconsin, (ii) construction of an approximately 50,000 square foot addition to an existing approximately 5,000 square foot facility located at 801 York Street in the City of Manitowoc, Wisconsin, (iii) acquisition of approximately 2.5 acres of land located at Lots WHD17171059.2 A-l 3 and 5 of the Universal Business Park in the City of Oshkosh, Wisconsin and construction of an approximately 8,000 square foot clinic and surgery facility and (iv) payment of certain costs related to the issuance of the Bonds (the "Project"). The subject property for spot blight consideration is located at Lots 3 and 5 of the Universal Business Park. 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 lots available for development had remained undeveloped since the Business Park was created in 1989 • Lots ultimately developed by the Borrower were small and irregularly shaped which necessitated the acquisition of more than one lot to accommodate reasonable development on the site • The height restrictions existing on development also served to necessitate the purchase of two lots to allow for sufficient development • The storm water management plan for the site was insufficient and required redesign of storm water management plan WHD17171059.2 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 Lots 3 and 5 of the Universal Business Park 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 June 21, 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: June 4 and June 11, 2010 Executive Director Redevelopment Authority of the City of Oshkosh WHD/7171059.2 B-1 EXHIBITC WAIVER OF NOTICE OF 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 Lots 3 and 5 of the Universal Business Park 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 June 21, 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. DAW BUILDINGS LLC By: _ Title: _ WHD17J71059.2 C-l