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JOINT REVIEW BOARD
TID #22 FAIR ACRES DEVELOPMENT AREA
MEETING MINUTES
November 3, 2008
10:00 a.m., Department of Community Development Conference Room
Present: William Castle, Citizen Member; Dan Becker, Board of Education; Mark Rohloff, City of Oshkosh;
Mark Harris, Winnebago County; Melissa Kohn, Fox Valley Technical College; Mike Goudreau and
Andy Dumke, Bros, LLC.
Staff: Jackson Kinney, Director of Community Development; Darryn Burich, Director of Planning Services;
and David Buck, Principal Planner.
The meeting was called to order at 10:05 a.m.
Mr. Burich provided a brief explanation of the organizations purpose for this meeting, which is to approve or deny
Mr. Harris explained that he wants the TIF to go forward and he felt that the But-For test was satisfied. He
stated that he was concerned that this project would appear to the public as a move of the Westside Shopko,
should it subsequently close. The suggestion that
damages if the Westside store closed within a limited timeframe was offered as a suggestion to alleviate said
concerns. Mr. Burich stated that Mr. Goudreau and Mr. Dumke are hear to address these concerns to the Board
and he also explained that the developers agreement is still being drafted so such a provision can be added.
Mr. Goudreau explained that the Westside Shopko just signed a 20 year lease two years ago and that the proposed
Shopko is intended to address the neighborhood and northern regional market not served by the existing store and
as such is not going to compete with it. Mr. Dumke added an aggressive
expansion philosophy, so closing the existing store is not considered. Mr. Harris suggested that a three year
schedule for liquidated damages be put in place so if the Westside Shopko closed in one year there would be a
$150 thousand penalty, if two years there would be a $100 thousand penalty and if closed in three years there
would be a $50 thousand dollar penalty. Mr. Rohloff suggested this could potentially be put in the lease with
Shopko.
Mr. Dumke stated they would go back to Shopko with the suggestion but is reluctant to add provisions to the lease
Shopko receiving the penalty to the developers getting the penalty was considerable and Mr. Dumke stated they
could potentially put it in the agreement that the developer would be responsible for the damages. Mr. Burich
stated that the administration is confident that both stores will stay open but are willing to add contingency into
the agreement as a Joint Review Board condition. Mr. Rohloff stated that the concern was brought up
at Common Council discussions but was not placed as a condition on approval.
Mr. Harris recommended approval of the TID # 22 Fair Acres Development Area Project Plan with the
condition that a three year schedule for liquidated damages be put in place so if the Westside Shopko closed in
one year there would be a $150 thousand penalty, if two years there would be a $100 thousand penalty and if
closed in three years there would be a $50 thousand dollar penalty. Mr. Castle seconded the motion. Motion
carried unanimously.
Motion made by Mr. Rohloff and second by Mr. Castle to adjourn the meeting. Motion carried unanimously.
Respectfully Submitted,
David Buck
Principal Planner
Recording Secretary