HomeMy WebLinkAbout29. 13-362
JULY 23, 2013 13-362 RESOLUTION
(CARRIED__7-0_____LOST_______LAID OVER_______WITHDRAWN_______)
PURPOSE: APPROVE LAND ACQUISITION / DONATION FOR PARK
PURPOSES / RIVERWALK IMPROVEMENTS ALONG THE
FOX RIVER FROM SIX RIVERS INVESTMENT LLC; AUTHORIZE
REDEVELOPMENT AUTHORITY TO ACQUIRE
INITIATED BY: SIX RIVERS INVESTMENT LLC
PLAN COMMISSION RECOMMENDATION: Approved
WHEREAS, Six Rivers Investments LLC have generously offered to donate to
the City the riverfront portion of the property formerly known as Jeld-Wen on West 6th
Avenue for park purposes that will allow the City to construct a public
riverwalk/pedestrian trail from the Oregon Street bridge westerly to the former Boat
Works property, as well as riverfront lands along the parcel east of and adjacent to the
Oregon Street bridge; and
WHEREAS, the proposed donation is conditioned upon the City proceeding with
construction of the RIverwalk and upon the availability of TIF Financing for the City
match for WisDNR grants for construction of the Riverwalk; and
WHEREAS, the City of Oshkosh expresses its utmost gratitude and appreciation
to Six Rivers Investments LLC for its generous donation.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Oshkosh that the City hereby accepts said conveyance of land for riverwalk purposes
upon the conditions that an option be granted to the donor to repurchase the property
for $1 if the Riverwalk is not constructed and if the City is unable to provide TIF
financing for the City match for WisDNR grants for construction of the Riverwalk.
BE IT FURTHER RESOLVED that the Common Council authorizes the
Redevelopment Authority to acquire/accept said lands for riverwalk/park purposes.
BE IT FURTHER RESOLVED that the proper City officials are hereby authorized
and directed to execute any and all documents necessary for purposes of same.
QJHKOIH
ov M worn
TO: Honorable Mayor and members of the Common Council
FROM: Allen Davis, Community Development Director
DATE: July 16, 2013
SUBJECT: Accept Donation from Six Rivers LLC for Development of Riverwalk
on the former Jeld -Wen Property (421 and 424 Oregon St.)
BACKGROUND
The new owners of the Jeld -Wen property have been discussing the alternative
development plans for the site. It appears that the new owners support the
extension of the riverwalk and are willing to donate the land necessary for the
extension of the riverwalk. Preliminary design and initial consultation with
permitting agencies have been completed. The City has submitted riverwalk
grant applications for 2 sections of the Jeld -Wen riverfront that depend on the
City owning the property. This donation meets that requirement. The Option to
Repurchase the land is based on the developer's concern that the City may not
proceed with the construction of the riverwalk. The Option is to be granted to the
developers in case the City does not receive the riverwalk grants or Tax
Increment Financing for the City match does not come to pass.
ANALYSIS
The City received donations of the north shore riverwalk through the City Center
property and then the Hotel property prior to constructing the riverwalk and
docks. WisDNR grants require the City to control the property, either in
ownership of the land or with an easement. It appears the Jeld -Wen developers
have reached the same conclusion as the north shore owners, that land donation
is the best alternative.
The land donation appears to have two potential advantages for the owners:
recreational immunity and a possible tax deduction. If the City owns the
riverwalk, then the developers would not the same potential liability if the access
was granted via easement. The City is also protected by recreational immunity.
The tax deduction is based on the owner's appraisal of the donation, and is
between the owners and the taxing jurisdiction.
The proposed Option to Repurchase is based on the owner's desire to ensure
that in the event the City does not build the riverwalk, that the owners/developers
can obtain title to the property in the future. WisDNR requires the City to own the
property for the riverwalk or own an easement for the riverwalk. If the WisDNR
does not grant partial funding for the project, then the City would not proceed
with the next phase of the riverwalk. In addition, if the City does not create a TIF
district or amend the existing TID #20 for the possible redevelopment of the Jeld-
Wen site, then the owners have the option to repurchase the riverwalk area. The
City will likely not proceed with the riverwalk unless the City obtained a
substantial WisDNR grant. Likewise, the use of TIF funding for the local match is
also pledged for the local match. Both the grant and the approved TID Plan must
be created, or the owners have the right to repurchase the property.
FISCAL IMPACT
The City would not be spending any money on the donation. The City will be
responsible for construction and maintenance of the riverwalk. The donation is
consistent with the other riverwalk segment donations and consistent with the
Riverwalk Plan.
RECOMMENDATION
The City Council accepts the donation for the Riverwalk and approves the Option
to Repurchase.
Approved,
7e(&---te,/-aL
City Manager
ITEM: ACCEPT LAND DONATION (LAND ACQUISITION) FOR RIVERW_ALK
DEVELOPMENT ALONG THE FORMER JELD -WEN PROPERTY (421
OREGON STREET & 424 OREGON STREET) ^
Plan Commission meeting of July 16, 2013
GENERAL INFORMATION
Petitioner: City Administration
Owner: Six Rivers Investments, LLC
Action(s) Requested:
City Administration is requesting acceptance of two separate land donations related to development
of the riverwalk system. The first request involves acceptance of approximately 1,300 lineal feet of
land along the south shore of the Fox River west of Oregon Street. The second acceptance involves
approximately 340 lineal feet along the south shore of the Fox River east of Oregon Street. Both
land donations are part of the former Jeld -Wen Manufacturing facility which ceased operation in the
late 2000's.
Background:
In 2006 the City adopted the Fox River Corridor Riverwalk Plan that called for development of a
looped riverwalk system along both banks of the Fox River that would also include docking
facilities. Since adoption, the city has completed all the riverwalk segments along the north side of
the Fox River as well as William Steiger Park on the south shore of the Fox River, east of Ohio
Street.
City staff has been working with the owners of the former Jeld -Wen property on development of the
riverwalk and the owners have agreed to dedicate lands that will eventually allow for construction
of the riverwalk.
Property Location and Type:
The subject actions take place in the segment identified in the Fox River Corridor Riverwalk Plan
and Design Guidelines as the Jeld -Wen Area and the South Shore Central Zone which contained
the former Jeld -Wen wood products manufacturing facility which is now in the early phases of
redevelopment. The area of acquisition is approximately 2.40 acres on the west side of Oregon
Street and 0.32 acres on the east side of Oregon Street and is split between actual land area along
the river frontage and Iand under the river to the U.S. Army Corps of Engineers harbor line.
Analysis:
Acceptance of the land donation will allow the City to continue with its efforts to develop the
riverwalk system. This donation will secure all the lands needed for riverwalk construction from
the eastern edge of William Steiger Park to the cast end of the Jeld -Wen property, east of Oregon
Street.
The South Shore West Zone (former Boat Works property) is slated for construction during 2013-
2014 and will coincide with construction of a western portion of the Jeld -Wen Area. The remainder
of the Jeld -Wen Area up to Oregon Street is scheduled for construction in 2015. Riverwalk
construction on the Jeld -Wen property east of Oregon Street is undetermined at this time.
RECOMMENDATION
Staff recommends approval of the land acquisitions as proposed.
The Plan Commission approved of the land acquisition as requested. The following is the Plan
Commission's discussion on this item.
Mr. Nau presented the item and reviewed the site and surrounding area and the history of the
completion of the riverwalk on the north side of the Pox River. He stated that this land donation
was for the riverwalk on the south side and that the Jeld Wen site had been purchased by new
owners and was currently in the process of demolition of the manufacturing facilities on the site.
Parts of the riverwalk on the south side will be constructed in 2014 and 2015 and he reviewed a site
plan of the areas scheduled for completion,
Ms. Propp questioned why the staff report referred to it as a land acquisition if the land was
donated.
Mr. Burich responded that the land was still acquired however in this case it was donated by the
new property owners.
Mr. Borsuk inquired if this was the last piece of land that the City needs to control to complete the
remaining riverwalk on the south side.
Allen Davis, Director of Community Development, indicated that the area adjacent to the Dockside
Tavern & Restaurant and the Sweetwater Performance Center have not yet been acquired however
the City has had discussions with them regarding the matter. Both entities seem to be agreeable but
formal documentation has not yet been completed.
Mr. Cummings questioned the width of the land acquisition.
Mr. Davis responded that it would be 30 feet although the walkway itself is only 12 feet wide the
additional area along the shoreline was necessary for construction purposes.
Both Mr. Nollenberger and Mr. Fcjtik expressed their support of this project and their satisfaction
with the portions that have been completed thus far.
Motion by Vcjgrt to approve the land donation (acquisition) for riverwalk development
along the former Jeld -Y en property located at 421 & 424 Oregon Street.
Seconded by Borsuk. Motion carried 9 -0.
Item -Land DonadonlJerd -Wen Oregon S1
§
m
� /2
i/| 2 S !
� 2 S
z
0
w in X
o� 2
3 �
~
'01 G
{
1,Y11
i
l i
lj f
flifw'ifif !l, � � �11
ltjlt i 1 {! 1 lr�i�,
r..f:f {ff fr .ijr ! r ir
iI J { }f',
r
�a t
f
C 4
AM
a
rj
I 1 ! I r
--
i
rI !;`1!1 {r; {.�i.�.iLi�
'�'
111 i� 1 !
�.
� �•'� u•
:ift ;i`
a
'�'
111 i� 1 !
�.
� �•'� u•
:ift ;i`
aft
�;. +`its �, •.i
`
•,V
P O O
P
d t
E;
t
OU
hT, .
W,
Cm
i
E;
t
OU
hT, .
W,
Cm
b
F
l 1 ft jj i t � ► € � - f
--- --
€i
NOOMO
If
€ # 1 '11
f j I r a �{ f;
_.. --
!
Z
O
F
#
;
2
�
T
O
2
0
V
ltt
_�
Q
Ui
o�R
y6
u <
3%5 E
3
ELJ
#32
3
g`
t
yyv
E
5
p
3g
i
t
b
F
l 1 ft jj i t � ► € � - f
--- --
€i
NOOMO
If
€ # 1 '11
f j I r a �{ f;
_.. --
!
A D
f! h
s
m unr nu/rvlrr �+,n �.a nu w
r�xr*at r. rxu
5
F
#
;
2
I
p
i
t
3
i
I
I
t
'
� Its
J
1
I
1
a
A D
f! h
s
m unr nu/rvlrr �+,n �.a nu w
r�xr*at r. rxu
5
M KI C{K /iC�/Y i�4 A NE ✓�/ µ{�
F?Pw[ li ISHSI
z
O
x
' ",
O �y
.
tow a 11
crHill
-Sul .
a
M KI C{K /iC�/Y i�4 A NE ✓�/ µ{�
F?Pw[ li ISHSI
lot 1 T"w"
*OMM
NQ y �
Oil
A
mum
I'M
4 j1
. . . .
two -
UNIX A -11 if!
SION
f. wall
t,..
CP
z
0
r
mini
sun
- - -_mot
The City of Oshkosh creates and maintains GIS maps and data for Is mvn use. They may shots the
approximate relative location of property, boundaries and other feature from a variety of sources.
These map(s)ldatasets are provided for information purposes only and may not be suffrrient or
appropriate for legal, engineering, or surveying purposes, They are provided 'AS-16' without
warranties of any find and the City of Oshkosh assumes no Lability for use or misuse.
I- V,MPIanni —n Pl— r'.nmmrcinn C P. Plan U- Tam NAtPAPlan fnmmi:clnn ii P. Plan Vpn Temn!nta. mid
0
F MEWS]
ran
MIWE.
N
I in = 0,06 mi
1 in = 300 ft
Printing Date: 7/11/2013
Prepared by: City of Oshkosh, M
OfHKO.f H
4N THE WATER
I I—r fafn
J
The City of Oshkosh creates and maintains GIS maps and data for f s own use. They mayshart the
appfoximale relative location of property, boundaries and other feature from a variety of sources.
These map(sydatasets are provided for information purposes only and may not be suffiaent of
appropriate for legal, engineering, or surveying purposes. They are provded `AS-V ~fti out
warranties of any kind and the City of Oshkosh assumes no tabifty for use or msuse.
JAGISWlanningMan Commission Site Plan Map Temp.ateLPlan Commsslon Site Plan Mq Template.mxd
N
1 in = 0.09 ml
1 in = 500 ft
Printing Date: 7/11/2013
Prepared by: City of Oshkosh, W)
QJHK0fH
034 THE WATER
User.
The City of Oshkosh cwtes and maintains GIS maps and data for its gran use. They may sham the
approximate relative locaton of property, boundaries and other feature from a variety of sources.
These map{sy datasels are provided for information purposes only and may not be sufficient or
appropriate for legal, engineering, or surveying purposes. They are provided `AS -IS' without
viarranties of any kind and the City of Oshkosh assumes no liability for use of misuse.
Printing Date: 7/11/2013
of HKO.IH
ON THE WATER
d ![i151NlanninglPran C.ommIssion Sate Plan Map Temp!ale!Plan Commssion Site Fan A"ap Temrate.mxd User: jeffn 1
CITY HALL
215 Church Avenue
P.O.Box 1130
Oshkosh,54903-1130 City of Oshkosh
OIH KO/H
TO: Honorable Mayor and Members of the Common Council
FROM: Mark A Rohloff, City Manager re(
DATE: July 23, 2013 ����`
RE: Amendment to Resolution to Approve Land Acquisition/Donation for Park
Purposes/Riverwalk Improvements along the Fox River from Six Rivers Investment LLC;
Authorize Redevelopment Authority to Acquire
Since publication of the Council Agenda the proposed Option Agreement with Six Rivers Investment LLC
related to the donation of property for the Riverwalk has been finalized. Attached to this memorandum
is a copy of the final Option Agreement for Council's review. Through the negotiation process, the
parties' understanding relative to the conditions of the option were clarified which also necessitated a
revision to the Council resolution to more accurately reflect the understanding of the parties. Even with
these changes, I am comfortable that we have sufficient protections ih place to ensure that the City has
the land for the Riverwalk in the future. A marked version of the revised resolution is also attached to
the memorandum. The City Clerk will provide revised versions of the Resolution for each council
member.
n
OPTION TO PURCHASE
This OPTION TO PURCHASE ("option") made and entered into this
day of , 2013, by the Redevelopment Authority for the City of
Oshkosh, (the "Optioner") and Six Rivers Investments LLC (the "The Optionee").
Recitals
The Optionee owns and desires to redevelop the property commonly
known as the former Jeld Wen property, located generally between the terminus
of W. 4th and 5th Avenues to the west and Oregon Street to the east, and W. 6th
Avenue to the south and the Fox River to the North and encompassing parcel
identification numbers 90900010100, 90900010000, 90902390000 and
90300010000, all located in the City of Oshkosh as shown on the attached
Exhibit "A" to this Agreement; and
Optionee has given to the Redevelopment Authority for the City of
Oshkosh a donation of land adjacent to Optionee's property shown on Exhibit "A"
along the Fox River for the purpose of constructing a portion of the City's
proposed Riverwalk System ("the Property"), as shown on the attached Exhibit
"B" to this Agreement, with the conditions that Optionee be given this Option to
repurchase the Property for $1 if the City of Oshkosh is unable to obtain certain
grants for the construction of the Riverwalk or if the City of Oshkosh fails to either
amend the existing TIF District or create a new TIF District encompassing the
property owned by Optionee on or before December 31, 2013.
NOW, THEREFORE, in consideration of the premises herein and other
good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged it is agreed as follows:
Agreement
1. Optioner hereby grants Optionee an exclusive Option to Purchase
the Property upon the terms and conditions contained herein, if the
City of Oshkosh is unable to obtain grants for the construction of
the Riverwalk or if the City of Oshkosh fails to either amend the
existing TIF district or create a new TIF District encompassing the
adjacent property owned by Optionee on or before December 31,
2013, which TIF will be on terms and conditions acceptable to
Optionee (the obtaining of grants and the TIF District actions are
together referred to as the "Conditions"). If both of the Conditions
are satisfied, the Optioner will give written notice to Optionee of
such fact on or before January 3, 2014.
2. Optionee shall have the right and option to purchase the Property if
the conditions specified in paragraph 1 above are not fulfilled in
accordance with paragraph 1 above, or if Optioner fails to deliver
the notice required of it under paragraph 1 above, but only if
Optionee provides written notice of the intent to exercise this Option
on or before January 15, 2014. If Optionee fails to provide such
written notice to Optioner by January 15, 2014, then this Option
shall expire and shall be of no further force or effect.
3. If Optionee choses to exercise this Option, the following shall be
the terms of Purchase:
a. the purchase price shall be one dollar ($1.00) paid in cash at
closing
b. Upon payment of the purchase price, Optioner shall convey
the Property by deed in the same form as the Property was
conveyed to Optioner by Optionee, provided that if the
Optioner has imposed any liens, or conditions, covenants or
restrictions on the property, they will be released of record at
the same time as the deed is delivered.
c. Closing shall occur within 30 days of the exercise of the
Option.
d. The Optioner will not, and will not permit, improvements to
be made to the property prior to the date on which this
Option terminates, or if the Option is exercised then the date
on which Optionee closes on the repurchase of the property.
4. This Agreement and the rights and terms hereunder are binding
only upon the parties to this Agreement and neither this Agreement,
nor any rights created hereunder shall be transferred or assigned to
any third party.
IN WITNESS WHEREOF, the parties have executed this Option
Agreement as of the date first above written.
OPTIONER:
REDEVEOPMENT AUTHORITY FOR THE CITY OF OSHKOSH
By:
Thomas Belter, Chair
H. Allen Davis, Executive Director
2
OPTIONEE:
Six Rivers Investments LLC
By:
Grant Schwab, Manager
ACKNOWLEDGEMENTS
STATE OF WISCONSIN )
)SS.
WINNEBAGO COUNTY)
Personally came before me on this day of , 2013, the
above-named Thomas Belter and H. Allen Davis, respectively the Chair and
Executive Director of the Redevelopment Authority for the City of Oshkosh, to me
known to be the person(s) who executed the foregoing instrument and
acknowledged the same.
Notary Public
State of Wisconsin
Winnebago County
My Commission expires:
ACKNOWLEDGEMENTS
STATE OF WISCONSIN )
)SS.
WINNEBAGO COUNTY)
Personally came before me on this day of , 2013, the
above-named Grant Schwab to me known to be the person(s) who executed the
foregoing instrument and acknowledged the same.
Notary Public
State of Wisconsin
Winnebago County
My Commission expires:
3