NUMB:
000003
VERS:
SUBSTITUTE
REF:
990948
XXBY:
TITL:
Substitute resolution authorizing declaring as surplus the city parking structures located at 1000 North Water Street, 841 North 7th Street, and 742 North 2nd Street, directing a disposition by conveyance to the Redevelopment Authority of the City of Milwaukee, and authorizing certain other actions necessary for the City to approve in order for the Redevelopment Authority to convey the properties.
ANLS:
Analysis
Substitute resolution authorizing declaring as surplus the city parking structures located at 1000 North Water Street, 841 North 7th Street, and 742 North 2nd Street, directing a disposition by conveyance to the Redevelopment Authority of the City of Milwaukee, and authorizing certain other actions necessary for the City to approve in order for the Redevelopment Authority to convey the properties.
BODY:
Whereas, Common Council File No. 990948, adopted December 17, 1999, contemplated that, if the Common Council determined the parking structures at 1000 North Water Street, 841 North 7th Street, and 742 North 2nd Street ("Subject Properties") were surplus to the City, there would be certain procedures necessary to complete transfer of such properties to the Redevelopment Authority of the City of Milwaukee ("Redevelopment Authority"); and
Whereas, The Commissioner of Public Works has indicated that the Subject Properties are excess to the needs of that department and could be transferred to the Redevelopment Authority for sale to a third party, in combination with the Redevelopment Authority owned parking structure at 324 West Highland Avenue ("Redevelopment Authority Structure"); and
Whereas, Pursuant to 304-49 Milwaukee Code of Ordinances (MCO), the City Plan Commission will be requested to make a determination concerning the Subject Properties and possible transfer to the Redevelopment Authority for disposition; and
Whereas, The Department of City Development has made its recommendation to the Common Council on the status of the Subject Properties; and
Whereas, A public hearing on this matter has been held by the Common Council to determine whether the Subject Properties are surplus and whether they should be devoted to a special purpose or special use; and
Whereas, In determining whether or not the Subject Properties can be devoted to a special purpose or special use the Common Council has considered the economic value of the Subject Properties to the City, the manner in which the proposed use of the Subject Properties would advance the public good and the financial ability of any public or private agency or organization to maintain or properly utilize the Subject Properties; and
Whereas, The Redevelopment Authority is a quasi-public agency contemplated under 304-49 MCO as a "special purpose" for disposition of such surplus properties and is owner of the Redevelopment Authority Structure; and
Whereas, By Council File Resolution No. 99-2311-8d, adopted on September 16, 1968, the Redevelopment Authority was designated the agent of the City for the purpose of administering, undertaking and carrying out all blight elimination, slum clearance, and urban renewal programs and projects both present and future; and
Whereas, The Redevelopment Authority is expected to hold a public hearing pursuant to the provisions of Section 66.431(5)(c), Stats., and to take action designating the Subject Properties and the Redevelopment Authority Structure as blighted property within the meaning of Section 66.431(4)(bm), Stats.; and
Whereas, After adoption of the appropriate resolution by the Redevelopment Authority and approval of this resolution by the Common Council, the Redevelopment Authority would be authorized accept conveyance of the Subject Properties for purpose of sale, to negotiate the terms of a sale to a private party, and to sell the Subject Properties and the Redevelopment Authority Structure pursuant to a cooperation agreement with the City; and
Whereas, The terms of such proposed cooperation agreement between the City and the Redevelopment Authority is attached hereto as Exhibit A; now, therefore, be it
Resolved, By the Common Council of the City of Milwaukee that the Subject Properties are hereby determined to be surplus and not presently needed for municipal purposes; and, be it
Further Resolved, That the Subject Properties be transferred via deed, or direct to a third party purchaser (whichever is most efficient), to the Redevelopment Authority pursuant to 304-49-2 and 3 and subject to the Redevelopment Authority declaring the Subject Properties and the Redevelopment Authority Structure blighted; and, be it
Further Resolved, That the blight designation of these Subject Properties is hereby approved subject to the Redevelopment Authority conducting a public hearing on the blight designation in accordance with sec. 66.431(5)(c), Stats., and adopting a resolution determining the Subject Properties blighted; and, be it
Further Resolved, That for purposes of such contemplated hearing by the Redevelopment Authority on blight designation, the proper City officers are hereby authorized and directed to execute any waiver of notice of such hearing permitted by the Redevelopment Authority; and, be it
Further Resolved, Upon the appropriate action of the Redevelopment Authority, and report of the City Plan Commission recommending transfer to the Redevelopment Authority, the proper City officers are authorized and directed to execute a cooperation agreement with the Redevelopment Authority, in substance similar to Exhibit A attached hereto, for the anticipated sale of the Subject Properties and the Redevelopment Authority Structure; and, be it
Further Resolved, That the City Attorney, in conjunction with the Commissioner of Public Works, is authorized to make non-substantive changes to the proposed cooperation agreement with the Redevelopment Authority.
DFTR:
City Attorney
HAS:bal
5/23/00
30733