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File #: 150384    Version:
Type: Resolution Status: Passed
File created: 6/23/2015 In control: COMMON COUNCIL
On agenda: Final action: 9/22/2015
Effective date:    
Title: Substitute resolution approving Amendment No. 4 to the Project Plan and a Development Agreement authorizing expenditures for Tax Incremental District No. 22 (Beerline “B”), in the 3rd and 6th Aldermanic Districts.
Sponsors: ALD. BAUMAN
Indexes: PLANNED DEVELOPMENT DISTRICTS
Attachments: 1. Bucks Arena Term Sheet as of 9-22-2015 FINAL, 2. Common Council Motion by Ald. Coggs, 3. Term Sheet as amended 9-15-2015, 4. Amendment Motions 1A, 1B, 1C, 5. Amendment Motion 2, 6. Amendment Motion 3, 7. Fiscal Impact Statement, 8. Amendment No. 4 to the Project Plan as of 7-6-15, 9. Comptroller Letter, 10. Comptroller TID 22 Analysis, 11. Ctiy Attorney Opinion on Set-Asides, 12. Oppose - Theodore D. Kafkas, 13. Support - Historic King Drive BID, 14. Hearing Notice List, 15. Ald. Michael Murphy Letter to Wisconsin Center District.pdf, 16. Oppose - Pat Small.pdf, 17. James Ito Letter - Stipulation Request.pdf, 18. Jeanie Dean - Save the Real Pubs Journal Sentinel Article.pdf, 19. Northwestern Mutual Tower and Commons Quarterly Report Email.pdf, 20. No Subsidies for Bucks Mall - Journal Sentinel Article.pdf, 21. Oppose - Anonymous.pdf, 22. Arena ZND presentation 9-15-2015, 23. Transmittal Letter for HVS Report, 24. HVS Report-Bucks Arena Assessment, 25. Fresno Future - The Experiment of American Pedestrian Malls.pdf, 26. Urban Milwaukee Article - Street Closing on Arena Agenda.pdf, 27. Journal Interactive Article - Bucks should take a lesson from Titletown.pdf, 28. Open Letter - Postpone vacating 4th Street, 29. Bucks Arena - Escrow Agreement and Exhibits
Date Ver.Action ByActionResultTallyAction DetailsMeeting DetailsVideo
9/22/20152 MAYOR SIGNED   Action details Meeting details Not available
9/22/20152 COMMON COUNCIL AMENDED

Minutes note: Ald. Coggs moved to amend the following: Amend the Amendment No. 4 to the Project Plan for Tax Incremental Financing District No. 22 City of Milwaukee (Beerline “B”), Exhibit 2, known as the “Term Sheet” (September 15, 2015, version), “City Obligations” section by amending item E.1. to read as follows: 1. Initiate and consider an application to vacate N. 4th Street between W. Juneau Avenue and W. Highland Avenue and N. 5th Street and the public alleys in Block 1 and complete any utility work (water/sewer/comm) related to those vacations by the end of 2015. Such vacations will proceed through the City’s standard process for street vacations. Further amend the "Term Sheet" (September 15, 2015, version), "City Obligations" section by deleting item G, which reads as follows: G. Close N. 4th Street as needed using movable bollards under the authority of a special privilege permit (or other device to recognize the Bucks’ right use to use the street). Further amend the “Term Sheet” (September 15, 2015, version), “Bucks Obligations” section by renumbering items B through F as items C through G and creating an item B that reads as follows: B. Accommodate and agree to a transportation, utility and public access easement for the benefit of the City, in vacated 4th Street. Such easement shall be executed by the City, Wisconsin Center District and the Bucks prior to recording the resolution vacating 4th Street and shall include a reversionary clause that requires the re-designation of 4th Street as right-of-way at no cost to the City if the Bucks no longer use the Plaza or Bucks Arena and the City requests such re-dedication. City agrees to coordinate with Bucks on design and construction of any facilities placed within the easement area in order to accommodate any safety and operational concerns of the Bucks. Further amend the “Term Sheet” (September 15, 2015, version), “Bucks’ Commitment to City Prerequisites” section, “Human Resources Requirements” subsection by amending item B.3. as follows: 3. In an effort to increase workforce capacity in the City of Milwaukee, the Bucks and City agree to contribute a minimum of $375,000 each during the next 4 years towards capacity building programs to be conducted in cooperation with MAWIB for the Greater Arena Project. The Bucks’ portion may be paid directly by the Bucks, through an affiliate or through the Bucks’ foundation. The funding of the City portion is yet to be determined. The capacity building funds may be utilized to pay for the following: a. Completing the gap analysis as described in B.2. b. A youth recruitment program. c. Worker recruitment events. d. Development of an end user worker recruitment project. e. Business development program in the architectural and other professional fields. f. Any other program that the City and Bucks mutually agree upon. Further amend the “Term Sheet” (September 15, 2015, version), “Bucks’ Commitment to City Prerequisites” section, “Parking Structure” subsection by changing item K to read as follows: K. City may sell, and Bucks shall market, naming rights or corporate sponsorship signage for the Parking Structure. City and Buck shall each receive 50 percent of any revenue associated with such naming or sponsorship. City anticipates that its share of such revenue will be dedicated to the MKE Plays Initiative. Any associated signage is subject to City’s standard approval requirements, which shall not be unreasonably withheld.
Pass15:0 Action details Meeting details Video Video
9/22/20152 COMMON COUNCIL ADOPTEDPass12:3 Action details Meeting details Not available
9/15/20151 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE SUBSTITUTED

Minutes note: Individuals appearing: Rocky Marcoux, Department of City Development Martin Matson, City Comptroller Peter Feigin, Milwaukee Bucks Atty. Bruce Block, Reinhart Boerner Van Deuren S.C. Ald. Michael Murphy, 10th Aldermanic District Ald. Wade moved substitution of the file with Proposed Substitute A. (Prevailed 5-0)
Pass5:0 Action details Meeting details Video Video
9/15/20152 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HELD TO CALL OF THE CHAIRPass5:0 Action details Meeting details Not available
9/15/20152 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECONSIDEREDPass4:0 Action details Meeting details Video Video
9/15/20152 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE AMENDED

Minutes note: Ald. Wade moved to amend the file with the following Motions 1A, 1B, and 1C, offered by Ald. Bauman: Amend Tax Incremental District No. 22 Project Plan, Exhibit 2, known as the "Term Sheet", "City Obligations" section by changing item E(1) to: 1. Retain N. 4th Street between W. Juneau Avenue and W. Highland Avenue as a through street. Vacate N. 5th Street and the public alleys in Block 1 and complete any utility work (water/sewer/comm/traffic) related to those vacations by the end of 2015.; Adding Item G as follows: G. Close N. 4th Street as needed using movable bollards under the authority of a special privilege permit (or other device to recognize the Bucks' right to use the street).; And amend the "Team Sheet", "Bucks' Obligations" section by deleting Item B. (Motions 1A, 1B, 1C prevailed 5-0)
Pass5:0 Action details Meeting details Video Video
9/15/20152 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE AMENDED

Minutes note: Ald. Wade moved to amend the file with Motion 2, offered by Ald. Bauman, as follows: Amend the Tax Incremental District No. 22 Project Plan, Exhibit 2, known as the "Term Sheet", "Bucks' Commitment to City Prerequisites" section, "Parking Structure" sub-section, by changing Item K to: K. City may sell naming rights or corporate sponsorship signage for the Parking Structure and retain all revenue associated with such naming or sponsorship. Any associated signage is subject to City's standard approval requirements, which shall not be unreasonable withheld. (Motion 2 Prevailed 5-0)
Pass5:0 Action details Meeting details Not available
9/15/20152 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE AMENDED

Minutes note: Ald. Wade moved to amend the file with Motion 3, offered by Ald. Bohl, as follows: Amend the Tax Incremental District No. 22 Project Plan, Exhibit 2, known as the “Term Sheet”, “Bucks’ Commitment to City Prerequisites” section, “Human Resources Requirements” sub-section as follows: 1. Replace the introductory clause of Item A with the following: “A. On construction of the Bucks Arena, Plaza and Parking Structure:” 2. Re-write Item B (Residential Preference Program) to read as follows: “B. On construction of the Bucks Arena, Plaza and Parking Structure:” 1. 40% of workers shall qualify under the City Residential Preference Program (RPP): a. RPP qualified workers shall be City residents that are unemployed or underemployed as defined in sec. 309-41-1-f of the Milwaukee Code of Ordinances or grandfathered unemployed or underemployed City residents who no longer meet the time requirements in Sec. 309-41-1-f because of their work on other recent development projects in the City of Milwaukee. b. In the event that the Bucks exhaust all eligible workers who meet the City’s RPP ordinance as described in B.1.(a). as determined by the City’s Office of Small Business Development in cooperation with the Milwaukee Area Workforce Investment Board, and have not met the 40% requirement, the Bucks may hire any City resident to fill that gap and reach the 40% requirement. 2. For purposes of maximizing employment opportunities, targeting training programs and assessing compliance feasibility within specific components of the project subject to RPP, the HRA shall provide that City (through City’s Department of City Development and Office of Small Business Development), Bucks and Bucks’ project manage, in conjunction with the Milwaukee Area Workforce Investment Board in collaboration with the Milwaukee Building Trades and WRTP Big Step, shall develop a gap analysis of work force capabilities and capacities on a trade by trade basis. This analysis shall be performed both prior to commencement of construction and again following construction bidding. 3. In an effort to increase workforce capacity in the City of Milwaukee, the Bucks and City agree to contribute a minimum of $375,000 each during the next 4 years towards capacity building programs to be conducted in cooperation with MAWIB for the Greater Arena Project. The Bucks’ portion may be paid directly by the Bucks through an Affiliate or through the Bucks’ foundation. The funding of the City portion is yet to be determined. The capacity building programs may include the following: a. A youth recruitment program. b. Worker recruitment events. c. Development of an end user worker recruitment project. d. Business development program in the architectural and other professional fields. e. Any other program that the City and Bucks mutually agreed upon. (Motion 3 Prevailed 5-0)
Pass5:0 Action details Meeting details Not available
9/15/20152 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE RECOMMENDED FOR ADOPTIONPass4:1 Action details Meeting details Video Video
9/9/20151 ZONING, NEIGHBORHOODS & DEVELOPMENT COMMITTEE HEARING NOTICES SENT   Action details Meeting details Not available
7/8/20151 CITY CLERK DRAFT SUBMITTED   Action details Meeting details Not available
6/23/20150 COMMON COUNCIL ASSIGNED TO   Action details Meeting details Not available

Number

150384

Version

SUBSTITUTE 2

Reference

930935, 990110, 090331, 121327

Sponsor

ALD. BAUMAN

Title

Substitute resolution approving Amendment No. 4 to the Project Plan and a Development Agreement authorizing expenditures for Tax Incremental District No. 22 (Beerline “B”), in the 3rd and 6th Aldermanic Districts.

Analysis

Tax Incremental District No. 22 (“District”) was created in 1993 for the purpose of providing infrastructure for the development of the Beerline neighborhood.

 

Amendment No. 4 to the District revises the Project Plan to allocate up to $27,000,000 for a contribution toward a new parking structure for the downtown arena project.

Body

Whereas, On December 22, 1993, the Common Council of the City of Milwaukee (“Common Council”) adopted File No. 930935, which approved a Project Plan and created Tax Incremental District No. 22 (Beerline “B”) (the “District”); and

 

Whereas, On July 29, 1999, the Common Council adopted File No. 990110, which approved Amendment No. 1 to the Project Plan for the District; and

 

Whereas, On July 28, 2009, the Common Council adopted File No. 090331, which approved Amendment No. 2 to the Project Plan for the District; and

 

Whereas, On February 5, 2013, the Common Council adopted File No. 121327, which approved Amendment No. 3 to the Project Plan for the District; and

 

Whereas, Pursuant to Section 66.1105(4)(h)(l), Wisconsin Statutes, on July 2, 2015, the Redevelopment Authority of the City of Milwaukee (“Authority”) conducted a public hearing on Amendment No. 4 to the Project Plan for the District (“Amendment”), approved such Amendment by resolution and submitted such Amendment, a copy of which is attached to this Common Council File, to the Common Council for its approval; and

 

Whereas, Section 66.1105(4)(g) and (h)(1), Wisconsin Statutes, provides that an amendment to a Project Plan shall be approved by the Common Council with the adoption of a resolution, which contains findings that such amendment is feasible and in conformity with the Master Plan for the City of Milwaukee (“City”); and

 

Whereas, Pursuant to pending legislation at the State of Wisconsin (“State”) level amending Section 66.1105(2)(f), Wisconsin Statutes, expenditures made by a 1st class city to fund parking facilities ancillary to and within one mile from public entertainment facilities benefit any tax incremental district located in whole or in part within a one-mile radius of such parking facilities; and

 

Whereas, The parking structure to be funded under the District is within one mile of the proposed downtown arena, which will be a public entertainment facility and will be within one mile of the District’s boundaries; and

 

Whereas, The City’s participation in the funding of the new arena is contingent upon the State passing legislation necessary to authorize other public contributions toward the arena construction in a total amount, including the City’s contribution, of $250 million; now, therefore, be it

 

Resolved, By the Common Council of the City of Milwaukee, that it finds and determines as follows:

 

1. The Amendment retains the existing boundaries of the District and does not alter the number of properties within the District. Therefore, the findings made in File No. 930935, pursuant to Section 66.1105(4)(gm)l and 4, Wisconsin Statutes, are unchanged.

 

2. The Amendment revises the project costs to be supported by the District and revises the Economic Feasibility Report that is part of the Project Plan and makes related changes regarding the timing of project costs and methods of financing. The improvement and/or development of such area are/is likely to enhance significantly the value of substantially all of the other real property in and adjoining the District.

 

3. The project costs provided in the Amendment relate directly to promoting development consistent with the City's Master Plan and with the purpose(s) for which the District was created under Section 66.1105(4)(gm)4a, Wisconsin Statutes.

 

4. The percentage of the aggregate value of the equalized taxable property of the District, plus the incremental value of all other existing Tax Incremental Districts, does not exceed the statutory maximum 12 percent of the aggregate value of total equalized value of taxable property within the City; and, be it

 

Further Resolved, That the Amendment is approved and the Project Plan for the District, as amended, is feasible, in conformity with the Master Plan for the City and will promote the orderly development of the City; and, be it

 

Further Resolved, That:

 

1. The City Clerk is directed to notify the Wisconsin Department of Revenue, in such form as may be prescribed by said Department, of the approval of this Amendment pursuant to the provisions of Section 66.1105(5), Wisconsin Statutes.

 

2. The City Comptroller is directed to transfer the sum of up to $27,000,000, plus capitalized interest for two years, if necessary, from the Parent TID Account to the Project Account No. 0336-1910-TD02280000 for the purpose of providing a portion of the necessary funding for implementation of the Amendment.

 

3. The City Comptroller, in conjunction with the Commissioner of the Department of City Development (“DCD”), is directed to perform such acts and to create such accounts and subaccounts and make appropriate transfers, upon written request by DCD, for all revenue or expenditure activity under this resolution.

 

4. The proper City officials are directed to execute a Development Agreement for the purposes of implementing the Amendment on terms substantially in accordance with the Term Sheet, which is Exhibit 2 of the Amendment; and, be it

 

Further Resolved, That the proper City officials are directed to execute any additional documents and instruments necessary to carry out the purposes of the Amendment; and, be it

 

Further Resolved, That this resolution shall not be effective until such time that the Commissioner of DCD confirms that the State has passed legislation amending the definition of “project costs” under Section 66.1105(2)(f) to make the City’s expenditures under this Amendment eligible project costs and legislation necessary to authorize other public contributions toward the arena construction in the total amount, including the City’s contribution, of $250 million.

Drafter

DCD:Dan.Casanova:dac

09/10/15