3. Review request by Rick Nell (on behalf of Brian O Shaughnessy) for redevelopment assistance from TID #9 for 313 Main Avenue. *

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1 NOTICE OF PUBLIC MEETING Pursuant to Section 19.84, Wisconsin Statutes, notice is hereby given to the public that a regular meeting of the Redevelopment Authority of the City of De Pere will be held on February 28, 2013 at 4:30 p.m. in the City Hall Council Chambers, 2nd floor of City Hall, 335 South Broadway, De Pere, WI * Items with an asterisk require City Council Approval AGENDA FOR SAID MEETING: Roll call. 1. Approve the minutes of the joint meeting of the Plan Commission and Redevelopment Authority on December 17, Resolution RDA-13-01, Authorizing amendment to the Redevelopment Agreement Between Gerald G. Van Dyn Hoven, Dutch Boyz Development, LLC, the Redevelopment Authority of the City of De Pere and the City of De Pere (500 Main Avenue). * 3. Review request by Rick Nell (on behalf of Brian O Shaughnessy) for redevelopment assistance from TID #9 for 313 Main Avenue. * 4. Adjournment. Ken Pabich Director of Planning and Economic Development Notice is hereby given that a majority of the members of the Common Council of the City of De Pere may attend this meeting to gather information about a subject(s) over which they have decision-making responsibility. Any person wishing to attend this meeting who, because of disability, requires special accommodation should contact the City Planner s office at by Noon, February 28, 2013, so that arrangements can be made. AGENDA SENT TO: Redevelopment Authority Members Alderpersons Department Heads TV & Radio Stations News Media Brown County Library, De Pere Branch De Pere Area Chamber of Commerce ITEM 2: GERALD VAN DYN HOVEN P.O. BOX 526 FREMONT, WI ITEM 3: RICK NELL NELL & ASSOCIATES 380 MAIN AVE DE PERE, WI BRIAN O SAUGHNESSEY ITCONNEXX 205 DOTY ST #102 GREEN BAY, WI 54301

2 CITY REDEVELOPMENT AUTHORITY CITY PLAN COMMISSION De Pere, Wisconsin December 17, 2012 A joint meeting of the Redevelopment Authority, and the Plan Commission of the City of De Pere was held today at 7:00 p.m. in the Council Chambers of the De Pere City Hall. 1. Roll Call. Redevelopment Authority Ted Penn called the meeting to order. Members present: Bill Patzke, Joe Van Deurzen, Jerry Henrigills, Ted Penn, Bill Komsi. Members excused: Charles King, John Nusbaum. Plan Commission Mayor Walsh called the meeting to order. Members present: Elizabeth Runge, Derek Beiderwieden, James Kalny, Alderpersons Lueck and Boyd, Mayor Walsh. Member(s) excused: None. Also present: City Planning Director Kenneth Pabich, and members of the public. Redevelopment Authority 2. Approve the RDA minutes of the regular meeting and joint meeting with the Plan Commission on October 22, Jerry Henrigillis moved, seconded by Joe Van Deurzen, to approve the minutes. Upon vote, motion carried unanimously. 3. Review the façade grant receipts for De Pere Auto (Lawrence Fisette) at 705 George Street. Joe Van Deurzen moved, seconded by Jerry Henrigillis, to approve the grant receipts. Upon vote, motion carried unanimously. Plan Commission 4. Approve the minutes of the regular meeting of the Plan Commission on November 26, James Kalny moved, seconded by James Boyd to approve the minutes. Alderperson Lueck requested that the minutes be corrected regarding the agenda item for driveway widths in residential districts. The motion that was previously made was then carried unanimously. Page 1 of 4

3 Joint Item - Redevelopment Authority and Plan Commission 5. Review the proposed Walgreens project located at 135 South Broadway. A. Review the Rezoning Application from Central Business (B-1) to Central Business with a Planned Development Overlay (B-1 PDD). B. Review the General Development Plan for the proposed Walgreens. C. Review the Vacation Application for a portion of Charles Street and public alley. Mayor Walsh moved, seconded by James Kalny, to open the meeting to the public. Brian Netzel, member of the City's Historic Preservation Commission, shared his comments regarding this project. Gene Hackbarth, member of the City's Historic Preservation Commission, shared his comments regarding this project. Mary Jane Herber, Chair, of the City's Historic Preservation Commission, shared her comments regarding this project. Project Developers Steve Rolfe, and Mark Lake, Midland Commercial Development Corporation, W228 N745 Westmound Drive, Waukesha, shared their plans for this project. Gerald Gillespie, 416 George Street, De Pere, shared his comments regarding this project. Scott Hamauer, 113 S. Broadway, De Pere, shared his comments regarding this project. Mayor Walsh moved, seconded by Joe Van Deurzen, to go back to regular order. Upon vote, motion carried unanimously. Mayor Walsh moved, seconded by Derek Beiderwieden, to open the meeting to the public. Upon vote, motion carried unanimously. Steve Rolfe, and Mark Lake, Midland Commercial Development Corporation, W228 N745 Westmound Drive, Waukesha, fielded questions from Plan Commission and RDA members. Joe Van Deurzen moved, seconded by Jerry Henrigillis, to go back to regular order. Upon vote, motion carried unanimously. Page 2 of 4

4 A. Review the Rezoning Application from Central Business (B-1) to Central Business with a Planned Development Overlay (B-1 PDD). Moved by Alderperson Lueck, seconded by Alderperson Boyd, to approve the Rezoning Application. Upon vote, motion carried unanimously. B. Review the General Development Plan for the proposed Walgreens. Moved by James Kalny, seconded by Mayor Walsh, to approve the General Development Plan, subject to the developers addressing all the concerns presented by staff. Upon vote, motion carried unanimously. C. Review the Vacation Application for a portion of Charles Street and public alley. Moved by James Kalny, seconded by Derek Beiderwieden, to approve the Vacation Application. Upon vote, motion carried unanimously. Redevelopment Authority 6. Adjournment William Patzke moved, seconded by Joe Van Deurzen, to adjourn the meeting. Time: 8:50 p.m. Upon vote, motion carried unanimously. Plan Commission 7. Review the CSM Application for a two lot CSM at 1409 Red Maple Road. Agent: Steve Bieda. Moved by James Kalny, seconded by Alderperson Lueck, to approve the CSM Application as presented. Upon vote, motion carried unanimously. 8. Review the revised City of De Pere Revolving Loan Fund (RLF) Manual. Moved by Derek Beiderwieden, seconded by James Kalny, to approve the revised Revolving Loan Fund Manual. Upon vote, motion carried unanimously. 9. Future Agenda Items. There was no discussion. Page 3 of 4

5 10. Adjournment. Mayor Walsh moved, seconded by Derek Beiderwieden, to adjourn the meeting. Time: 8:55 p.m. Upon vote, motion carried unanimously. Respectfully submitted, Lori Phillips, Recording Secretary Page 4 of 4

6 City of De Pere Redevelopment Authority Staff Comments February 25, 2013 Item #2: Resolution RDA-13-01, Authorizing amendment to the Redevelopment Agreement between Gerald G. Van Dyn Hoven, Dutch Boyz Development, LLC, the Redevelopment Authority of the City of De Pere and the City of De Pere (500 Main Avenue). * The ownership structure for the project has been modified for tax purposes. Given the change in the ownership structure, the developer requested to amend the original agreement for the project. The resolution and draft agreement are enclosed for your review. Recommendation: Staff would recommend approval of the resolution and that the agreement be forwarded to City Council for approval.

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8 REDEVELOPMENT AUTHORITY RESOLUTION #RDA AUTHORIZING AMENDMENT TO REDEVELOPMENT AGREEMENT BETWEEN GERALD G. VAN DYN HOVEN, DUTCH BOYZ DEVELOPMENT, LLC, THE REDEVELOPMENT AUTHORITY OF THE CITY OF DE PERE AND THE CITY OF DE PERE WHEREAS, Gerald G. Van Dyn Hoven, Dutch Boyz Development, LLC, (collectively and individually referred to as Developers ), the Redevelopment Authority of the City of De Pere ( RDA ), and the City of De Pere ( City ) are parties to a Redevelopment Agreement dated October 3, 2012 concerning the commercial redevelopment of 500 Main Avenue in the City of De Pere; and WHEREAS, Developers have requested that, for tax purposes, the Agreement be amended to include a third Developer, namely Dutch Boyz De Pere, LLC, which will borrow the Project Grants monies made to Developers under the Agreement for purposes of defraying its costs associated with acquisition of the Property and construction of the Development required under the Agreement; and WHEREAS, the RDA and City are amenable on amending the Agreement subject to the terms and conditions set forth in the Amendment to Redevelopment Agreement between Gerald G. Van Dyn Hoven, Dutch Boyz Development, LLC, the Redevelopment Authority of the City of De Pere and the City of De Pere, attached hereto as Exhibit A. NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: The Chair is authorized and directed to execute the Amendment to Redevelopment Agreement between Gerald G. Van Dyn Hoven, Dutch Boyz Development, LLC, the Redevelopment Authority of the City of De Pere and the City of De Pere (Exhibit A).

9 Resolution #RDA Page 2 of 2 BE IT FURTHER RESOLVED THAT: All City officials, officers, and employees are further authorized and directed to take such steps as are lawful and necessary in furtherance thereof. Adopted by the Redevelopment Authority of the City of De Pere, Wisconsin, this 25 th day of February, APPROVED: Ayes: Nays: Theodore J. Penn, Chair

10 AMENDMENT TO REDEVELOPMENT AGREEMENT BETWEEN GERALD G. VAN DYN HOVEN, DUTCH BOYZ DEVELOPMENT, LLC, THE REDEVELOPMENT AUTHORITY OF THE CITY OF DE PERE AND THE CITY OF DE PERE WHEREAS, Gerald G. Van Dyn Hoven, Dutch Boyz Development, LLC, (collectively and individually referred to as Developers ), the Redevelopment Authority of the City of De Pere ( RDA ), and the City of De Pere ( City ) are parties to a Redevelopment Agreement dated October 3, 2012 concerning the commercial redevelopment of 500 Main Avenue in the City of De Pere; and WHEREAS, said Agreement, recorded in Brown County Register of Deeds on January 14, 2013 as Document # , is incorporated herein by reference; and WHEREAS, Developers have requested that, for tax purposes, the Agreement be amended to include a third Developer, namely Dutch Boyz De Pere, LLC, which will borrow the Project Grants made to Developers under the Agreement for purposes of defraying its costs associated with acquisition of the Property and construction of the Development required under the Agreement; and WHEREAS, the RDA and City are amenable on amending the Agreement subject to the terms and conditions set forth herein. NOW THEREFORE, upon the mutual promises and obligations contained herein, together with such other consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. The Redevelopment Agreement Between Gerald G. Van Dyn Hoven, Dutch Boyz Development, LLC, the Redevelopment Authority of the City of De Pere and the City of De Pere is amended to include Dutch Boyz De Pere, LLC, a Wisconsin Limited Liability Company, as a Developer under the Agreement. Whenever the term Developer is used in the Agreement and/or this Amendment, such term shall mean Gerald G. Van Dyn Hoven, Dutch Boyz Development, LLC and Dutch Boyz De Pere, LLC, individually and collectively. Exhibit A

11 2. All rights, obligations, duties, responsibilities and benefits of and to the Developers under the Agreement shall extend to Dutch Boyz De Pere, LLC upon the execution of this Amendment. 3. This Amendment shall be recorded with the Brown County Register of Deeds. 4. No term, condition, obligation or section of the Agreement is affected by this Amendment unless specifically changed by this Amendment. Dated this day of, GERALD G. VAN DYN HOVEN State of Wisconsin ) : SS Brown County ) This instrument was acknowledged before me on the day of, 2012, by Gerald G. Van Dyn Hoven. Notary Public, State of Wisconsin My commission expires on DUTCH BOYZ DEVELOPMENT, LLC By: Gerald G. Van Dyn Hoven, Member State of Wisconsin ) : SS Brown County ) This instrument was acknowledged before me on the day of, 2012, by Gerald G. Van Dyn Hoven as Member of Dutch Boyz Development, LLC. Notary Public, State of Wisconsin My commission expires on. Amendment to Agreement Page 2 of 3

12 DUTCH BOYZ DE PERE, LLC By: Gerald G. Van Dyn Hoven, Member State of Wisconsin ) : SS Brown County ) This instrument was acknowledged before me on the day of, 2012, by Gerald G. Van Dyn Hoven as Member of Dutch Boyz De Pere, LLC. Notary Public, State of Wisconsin My commission expires on. CITY OF DE PERE By: Michael J. Walsh, Mayor Shana L. Defnet, Clerk-Treasurer State of Wisconsin ) : SS Brown County ) This instrument was acknowledged before me on the day of, 2012, by Michael J. Walsh, Mayor and Shana L. Defnet, Clerk-Treasurer of the City of De Pere. Notary Public, State of Wisconsin My commission expires on. REDEVELOPMENT AUTHORITY OF THE CITY OF DE PERE By: Theodore J. Penn, Chair State of Wisconsin ) : SS Brown County ) This instrument was acknowledged before me on the day of, 2012, by Theodore J. Penn, Chair of the Redevelopment Authority of the City of De Pere. Notary Public, State of Wisconsin My commission expires on. H:\jdupont\Agreements\2012\Dutch Boyz Amendment docx Amendment to Agreement Page 3 of 3

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14 City of De Pere Redevelopment Authority Staff Comments February 25, 2013 Item #3: Review request by Rick Nell (on behalf of Brian O Shaughnessy) for redevelopment assistance from TID #9. * Attached is a request for TID assistance for a project at 313 Main Avenue. The proposed project would completely remove the interior of the building and also make improvements to the existing façade (see attached drawings). The renovated building would be used as office space for ITConnexx Inc. The owner is working with Historic Preservation Commission on the exterior design since the building is in the Historic District. Given the cost of the overall project, the owner is requesting financial assistance from the newly created TID #9. The existing value of the entire site is $41,200. The proposed value that the owner is willing to guarantee is $355,000. The net taxable increment is $313,800. The owner is requesting a development grant representing approximately 20% of this new increment or $62,000. Recommendation: Staff is requesting authorization from the RDA to develop the required agreements for the project based on the structure outline above. As side note, the project does not need to be reviewed by the Plan Commission. Since the project is modifying the exterior façade, staff will be seeking design concurrence from the Downtown De Pere Design Committee (Main Street Program) to ensure is matches our design guidelines.

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