CCR2009089-TIF10Amendment
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #089-2009
A RESOLUTION AMENDING, DESCRIBING AND MAKING CERTAIN FINDINGS FOR
APPROVING A PROJECT PLAN AMENDMENT AND AMENDED BOUNDARIES
FOR TAX INCREMENTAL DISTRICT NO. 10,
CITY OF MUSKEGO, WISCONSIN
WHEREAS, The overall development of the City of Muskego is recognized as a major need of
the City; and
WHEREAS, Tax Incremental District No. 10 (the “District”) was created by the City of Muskego
(the “City”) in 2007. The District consists of the Muskego Commerce Center on the east and
west sides of Moorland Road just south of College Avenue; and
WHEREAS, in order to further the goals contained in the original Project Plan for the District, the
City now finds it desirable to amend the District’s boundaries to add additional property and to
amend the Project Plan to provide for the undertaking of additional expenditures; and
WHEREAS, the Planning Commission, after completing preliminary planning work, scheduled,
gave public notice of, and on June 2, 2009 held a public hearing wherein interested parties were
afforded a reasonable opportunity to express their views on the proposed amendment of the
District, and the proposed boundaries and the proposed amendment to the Project Plan thereof
in accordance with the procedures specified in the Tax Increment Law; and
WHEREAS, prior to its publication, a copy of the notice of said hearing was sent to the chief
executive officer of Waukesha County, the Muskego-Norway School District, and the Waukesha
County Technical College District, and the other entities having the power to levy taxes on
property located within the District, in accordance with the procedures specified in the Tax
Increment Law; and
WHEREAS, the Planning Commission, after due consideration following the said public hearing,
determined that the amendment of the District to the area described by the boundary description
attached to this resolution as Exhibit A will provide the City with a viable method of financing the
cost of needed public improvements and other project costs within the area, thereby providing
incentives and opportunities for appropriate private development, including new development
and improvement of existing development, which will contribute to the overall development of
the City, and
WHEREAS, the Planning Commission has prepared a Boundary and Project Plan Amendment
to the District attached as Exhibit B (the “amendment”), which includes, if applicable:
a. Statement listing of the kind, number and location of all proposed public works or
improvements within the District, or to the extent provided in Section
66.1105(2)(f)1., Wisconsin Statutes, outside of the District;
b. An economic feasibility study;
c. A detailed list of estimated new and amended project costs;
d. A description of the methods of financing all estimated project costs and the time
when such costs or monetary obligations related thereto are to be incurred;
e. A map showing existing uses and conditions;
f. A map showing proposed improvements and uses;
g. Proposed changes of zoning ordinances, master plan, map, building codes and City
ordinances;
h. A list of estimated non-project costs;
i. A statement of the proposed method for the relocation of any persons to be
displaced;
j. A statement indicating how amendment of the District promotes orderly development
of the City;
k. Estimate of Additional Territory to be devoted to retail business;
l. Equalized value test;
m. Additional Territory – annexed property; and
WHEREAS, the Planning Commission has submitted such Amendment to the City Council and
recommended approval thereof;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Muskego as
follows:
1. Pursuant to the Tax Increment Law, there are hereby amended the boundaries
of, in the City of Muskego, as of January 1, 2009, a District known as "Tax
Incremental District No. 10, City of Muskego", the boundaries of which shall be
those recommended to the City Council by the Planning Commission, as
specified in the attached Exhibit A, and;
2. The City Council hereby finds and declares that:
(a) The improvement of such area is likely to enhance significantly the value of
substantially all of the other real property in the District; and
(b) The equalized value of taxable property of the as District, as amended, plus
the value increment of all other existing tax incremental districts within the
City, does not exceed 12% of the total equalized value of taxable property
within the City; and
(c) The City estimates that approximately 75% of the territory within the District,
as amended, will be devoted to retail business at the end of the District’s
maximum expenditure period, pursuant to Section 66.1105(6)(am)1 of the
Wisconsin Statutes; and
BE IT FURTHER RESOLVED THAT the City Council of the City of Muskego approves the
Amendment to the Project Plan adopted by the Planning Commission, attached as Exhibit B,
and finds that:
1. Such Amendment for the District in the City is feasible, and;
2. Such Amendment is in conformity with the master plan of the City.
The City Clerk - Treasurer - Treasurer is hereby authorized and directed to apply to the
Wisconsin Department of Revenue, in such form as may be prescribed, for a "Determination of
Tax Incremental Base", as of January 1, 2009, pursuant to the provisions of Section
66.1105(5)(b) of the Wisconsin Statutes.
The City Assessor is hereby authorized and directed to identify upon the assessment roll
returned and examined under Section 70.45 of the Wisconsin Statutes, those parcels of
property which are within the District, specifying thereon the name of the said District, and the
City Clerk - Treasurer - Treasurer is hereby authorized and directed to make similar notations
on the tax roll made under Section 70.65 of the Wisconsin Statutes, pursuant to Section
66.1105(5)(f) of the Wisconsin Statutes.
DATED THIS ___9TH____ DAY OF ____JUNE____, 2009.
SPONSORED BY:
PLANNING COMMISSION
Mayor John R. Johnson
This is to certify that this is a true and accurate copy of Resolution #089-2009 which was
adopted by the Common Council of the City of Muskego.
_____________________________
Clerk-Treasurer
EXHIBIT A - BOUNDARY DESCRIPTION
All that part of the Northeast 1/4, and Southeast 1/4 of Section 3, Town 5 North, Range 20 East,
City of Muskego, Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Southwest corner of the Northeast 1/4 of said Section 3, thence N 0019’58”
W along the West line of said Northeast 1/4 a distance of 302.09 feet to the point of beginning of
lands to be described; thence continuing N 0019’58” W along said West line 1,433.69 feet to
the Northwest corner of Outlot 1 Certified Survey Map No. 10174; thence N 8845’40” E along
the North line of said Outlot 1 a distance of 742.44 feet, to the West line of a property identified
by tax-key no. 2169-993; thence Northerly along said West line 610 feet more or less to College
Avenue Southerly right-of-way line; thence along said South line 308 feet more or less to the
West line of a property identified by tax-key no. 2169-986; thence Northerly along said West
line 17 feet more or less to said Southerly College Avenue right-of-way line; thence Easterly
along said South right-of-way line 150 feet to Moorland Road Westerly right-of-way line; thence
Northerly along said West line 287 feet to said Southerly College Avenue Right-of-way line;
thence Easterly 330 feet more or less to the Northerly corner of a property identified by tax-key
no. 2169-994-001; thence Easterly along said College Avenue South line 295 feet more or less to
the Westerly line of a property identified by tax-key no. 2169-995-001; thence Southerly along
said West line 240 feet more or less to the South line of said property; thence Easterly along said
South line 150 feet to the South line of a property identified by tax-key no. 2169-995; thence
Northeasterly along said South line extended 220.2 feet, to the East line of a property identified
by tax-key no. 2169-996; thence Northerly along said East line 190 feet more or less to the South
line of said College Avenue; thence Easterly along said South line 228 feet more or less to a
point on a curve; thence Southwesterly along the arc of a curve, center lying to the Southeast, a
distance of 119.47 feet to the West line of a property identified by tax-key no. 2169-997; thence
100 feet to the South line of said property; thence Easterly along said South line, and also along
the South line of a property identified by tax-key no. 2169-998, a distance of 317.40, to the East
line of said Northeast 1/4; thence Southerly along said East line 55 feet more or less to the South
line of a property identified by tax-key no. 2166-999; thence Easterly along said South line and
also the South line of a property identified by tax-key no. 2166-998 a distance of 370.00 feet to
the East line of said property identified by tax-key no. 2166-998; thence Northerly along said
East line 214.00 feet to the Southerly College Avenue ultimate right of way line; thence Easterly
along said Southerly right of way line 384.40 feet, to the West line of Glenbrook Subdivision;
thence Southerly along said West line 1,398.56 feet; thence N 89º50’27” W 753.48 feet to the
East line of said Northeast 1/4; thence Southerly along said East line 933.52 feet, to the
Southeast corner of said Northeast 1/4 section; thence Westerly along the South line of said
Northeast 1/4 section 515 feet more or less to the Easterly Moorland Road right- of-way line;
thence Southeasterly along said East line 538 feet; thence Southwesterly 211 feet more or less to
the Westerly Moorland Road right-of-way; thence Northwesterly along said West line 643 feet to
the South line of said Northeast 1/4 section; thence S 80 17’32” W along said South line 1173
feet more or less to the Southeast corner of Lot 23, Oakridge Glen Subdivision; thence N
0026’48” W feet along the East line of said Lot 23 a distance of 302.07 feet, to the North line of
said Oakridge Glenn Subdivision; thence S 8817’32” W along said North line 745.40 feet, to
the point of beginning.
Containing 6,460,311sq.ft.(148.31 acres) more or less.
EXHIBIT B - PROJECT PLAN
INSERT PLAN AMENDMENT DOC HERE