CCR2012111-TIF 8 Amendment (2)
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #111-2012
A RESOLUTION AMENDING, DESCRIBING AND MAKING CERTAIN FINDINGS FOR
APPROVING A PROJECT PLAN AMENDMENT AND AMENDED BOUNDARIES
FOR TAX INCREMENTAL DISTRICT NO. 8,
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. 8 (the “District”) was created by the City of Muskego
(the “City”) in 2000 and amended in 2005. The District consists various properties located on
the north and south sides of Janesville Road between Lannon Drive and Bellview Drive; 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 Community Development Authority, after completing preliminary planning work,
scheduled, gave public notice of, and on November 20, 2012 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 Community Development Authority, 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 Community Development Authority 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 66.185(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 Community Development Authority 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, 2012, a District known as "Tax
Incremental District No. 8, City of Muskego", the boundaries of which shall be
those recommended to the City Council by the Community Development
Authority, 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 66.185(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 Community Development Authority, 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 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, 2012, pursuant to the provisions of Section 66.185(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
66.185(5)(f) of the Wisconsin Statutes.
DATED THIS _______ DAY OF ____ ____, 2012.
SPONSORED BY:
Mayor Kathy Chiaverotti
Ald. Rob Wolfe
Ald. Rob Glazier
This is to certify that this is a true and accurate copy of Resolution #111-2012 which was
adopted by the Common Council of the City of Muskego.
_____________________________
Clerk-Treasurer
EXHIBIT A - BOUNDARY DESCRIPTION
All that part of the Northwest ¼ and the Southwest ¼ of Section 10, and the Northeast ¼ and the
Southeast ¼ of Section 9, Town 5 North, Range 20 East, City of Muskego, Waukesha County,
Wisconsin, bounded and described as follows:
Commencing at the Northwest corner of a property identified by Tax-key no. 2198-990-003 said
point also being the point of beginning; thence Easterly along the North line of said property
106.00 feet, to the Easterly line of said property; thence Southerly along said East line extended
295 feet more or less, to the South right of way line of Janesville Road (C.T.H. “L”); thence
Northeasterly along said South line 710 feet more or less to the Northeast corner of Lot 4,
Certified Survey Map No. 10029; thence Northerly 120 feet more or less to the Southwest corner
of a property identified by Tax-key no. 2198-984-001; thence Northerly along the West line of
said property 417.31 feet to the North line of said property; thence Easterly along said North line
222.79 feet, to the West right-of-way line of Parkland Drive; thence Northerly 73 feet more or
less to the intersection of the Easterly right of way line of said Parkland Drive and the Southerly
line of Outlot 4, Parkland No. 3 Subdivision; thence Easterly along said South line 125.08 feet to
an East line of said Outlot 4; thence Northerly along said East line 153.00 feet, to a South line of
said Outlot 4; thence Northeasterly along said South line 263.00 feet, to an angle point; thence
Northeasterly along said South line 285.00 feet, to a South line of said Outlot 4; thence Easterly
along said South line 96.14 feet, to the West line of Parcel B, Certified Survey Map No. 103;
thence Northerly along said West line and along the West line of Outlot 1, Certified Survey Map
No. 10221 a distance of 648 feet more or less to the North line of said Outlot 1; thence Easterly
along said North line 540.70 feet to the East line of said Outlot 1; thence Southerly along said
East line and also the East line of the property identified by Tax-key no. 2198-995 a distance of
582 feet more or less to an angle point; thence Southeasterly along the Easterly line of said
property extended, 126 feet more or less, to the existing Southerly right of way line of Janesville
Road (C.T.H. “L”); thence Northeasterly along said right of way line 422 feet more or less to the
West Bay Lane Drive right of way line; thence Southerly along said West line 424 feet more or
less to Northeast corner of Lot 3, Certified Survey Map No. 1876; thence Westerly along the a
North line of said Certified Survey Map 254.02 feet to an angle point; thence Southwesterly
along an extended North line of said Certified Survey Map 276 feet more or less to the South line
of a property identified by Tax-key no. 2198-977; thence Westerly along said South line 152.95
feet, to the West line of said property; thence Northerly along said West line 126 feet more or
less to the Southerly Janesville Road (C.T.H. “L”) right of way; thence Northerly 169 feet more
or less to the Southeast corner of Lot 1, Certified Survey Map No. 10766, said point also lying
on the Northerly Janesville Road ultimate right of way line; thence Southwesterly along said
Northerly line 1,018 feet more or less to the Westerly Parkland Drive Right of way line; thence
Southerly 120 feet more or less to the Northeast corner of Lot 1, Certified Survey Map No.
10029; thence Southerly along the West Parkland Drive right of way 915 feet more or less to the
South line of said Certified Survey Map No. 10029; thence Westerly along the South line of said
Certified Survey Map No. 10029, and Parcel 1 of Certified Survey Map No. 6635, a distance of
1260.65 feet, to the East right-of-way line of Lannon Drive; thence Northerly along said East
line 50.00 feet to the Southerly line of Parcel 1, Certified Survey Map No. 7919; thence Easterly
along said South line 228.00 feet to an angle point; thence Easterly on said South line 100.21 feet
to the Easterly line of said Parcel 1; thence Northwesterly along said East line 350 feet more or
less to the centerline of Janesville Road (C.T.H. “L”); thence Southwesterly along said centerline
263 feet more or less to the intersection of said centerline and the West extended Lannon Drive
right of way line; thence Southerly along said right of way line 496 feet more or less to the North
line of Lot 3, of Chesterhill Subdivision; thence Westerly along the North line of said Lot 3 and
Lot 10, of Westview Subdivision 320.0 feet to the Northwest corner of said Lot 10; thence
Westerly 52 feet more or less to the Northeast corner of Certified Survey Map No. 123; thence
Southwesterly along the North line of said Certified Survey Map 304.98 feet to the Southeast
corner of Certified Survey Map No. 2667; thence Southwesterly along the South line of said
Certified Survey Map 135.00 feet to the Southwest corner said Certified Survey Map; thence
Northwesterly along the West line of said Certified Survey Map 223.44 feet, to the Northwest
corner of said Certified Survey Map, said line also being the Southerly Janesville Road ultimate
right of way line; thence Northeasterly along said right of way line 366 feet more or less to the
East Michi Drive extended right of way line; thence Northwesterly along said East line 369 feet
more or less, to the North line of a property identified by Tax-key no. 2193-088; thence Easterly
along said North line extended 223 feet more or less to the East Lake Drive right of way line;
thence Northerly along said East line 87 feet more or less to the North line of a property
identified by Tax-key no. 2193-059; thence Easterly along said North line 167 feet more or less
to the West Center Drive right of way line; thence Northeasterly 67 feet more or less to the
Northwest corner of Lot 28, of the First Addition to Krogmanns Subdivision; thence Easterly
along said North line extended 291 feet more or less to the East Lannon Drive right of way line;
thence Northerly along said East line 98 feet more or less, to the Northwest corner of a property
identified by Tax-key no. 2198-990-003 said point also being the point of beginning.
CITY OF MUSKEGO, WISCONSIN
TAX INCREMENTAL DISTRICT NO. 8
AMENDMENT NO. 2 TO THE PROJECT PLAN
NOVEMBER 2012
Prepared By
The City of Muskego, Wisconsin
Department of Community Development
And
Hutchinson, Shockey, Erley & Co.
AMENDMENT NO. 2 TO THE CITY OF MUSKEGO
TAX INCREMENTAL DISTRICT NO. 8
AND THE RELATED PROJECT PLAN
City of Muskego Tax Incremental District No. 8 (TID 8) and the supporting project plan as
amended by Amendment No. 1 (“Project Plan”) are hereby amended as follows:
1. The property shown on Exhibit 1 attached hereto is added to TID 8 and included in the
Project Plan. The Tax Key numbers are listed in Exhibit No. 2.
2. The property to be added is zoned both B-3 General Business District and B-4 Highway
Business District which conforms to the existing zoning and use of the property in TID 8.
3. The current equalized value of the property to be added is $5,037,800.
4. The new District boundaries after the addition of the new parcels are identified
in Exhibit 3 (Map) and Exhibit 4 (Legal Description).
5. There are no public improvements associated with the addition of these parcels.
6. The city intends to complete various parcel improvement projects with $375,000 of
existing TID 8 monies leftover from previous TID 8 projects. This $375,000 does not
have to be borrowed new. Thus the intent is to use this money for redevelopment projects
that will increase tax increment and in some cases payback the original amounts of
money invested by Muskego which in turn should help TID 8 be paid off faster and
realize higher tax base properties. No developer incentive will be provided without an
appropriate developer’s agreement and financial feasibility analysis.
The various parcel improvement projects mentioned may include projects such as
working with local property owners within the TID 8 on assembling redevelopments that
the city may partner with low interest loans via the TID 8. Or, to acquire various lands
within TID 8 currently owned by Waukesha County, remediate them appropriately, and
then get them back on the tax roll in an expedient and efficient manner
7. The city further intends to complete various parcel improvement projects with newly
borrowed monies on a case by case basis should the original $375,000 be used and so as
the project demonstrates it will benefit the overall TIF (Ex. Paying it down faster, etc.).
The city will not exceed $600,000 in used monies as part of this amendment and all
monies used will first demonstrate that a benefit to the overall TIF has been found by the
Common Council (Ex. That the incentive will aid the closure of the TID sooner than
projected). The city will utilize all other possible funds outside of borrowing any new
monies for this TIF amendment as well if the initial $375,000 is ever exceeded. In the
event that the City needs to spend more than the $600,000 it will reconvene the Joint
Review Board and seek its approval before proceeding.
8. All other provisions of the original and amended Project Plan, except as modified by this
Amendment No. 2, continue to be appropriate for the District and remain in full force
and effect.
EXHIBIT 1
EXHIBIT 2
Blue = New properties added to TID 8 / Purple = Existing properties in TID 8
TAX KEY NO OWNER NAME PROPERTY ADDRESS
APPROX.
ACRES Land Value Improv Value Total Value
MSKC2193059 LAWRENCE & G FISCHER S75W17308 JANESVILLE 0.6 $ 183,000 $ 685,300 $ 868,300
MSKC2193069 FOUR H'S INVESTMENTS LLC W172S7505 LANNON DR 0.41 $ 106,200 $ 273,200 $ 379,400
MSKC2193070 JAY PETROLEUM INC S75W17226 JANESVILLE 0.24 $ 39,200 $ ‐ $ 39,200
MSKC2193086 WAUKESHA COUNTY S75W17374 JANESVILLE 0.23 $ ‐ $ ‐ $ ‐
MSKC2193088 JAMES POULOS S75W17358 JANESVILLE 0.85 $ 247,600 $ 434,400 $ 682,000
MSKC2196032 SDS2 MANAGEMENT COMPANY LLC S75W17301‐51 JANESVILLE 2.41 $ 441,000 $ 589,800 $ 1,030,800
MSKC2196952 WAUKESHA COUNTY S75W17237 JANESVILLE 0.48 $ ‐ $ ‐ $ ‐
MSKC2196954 WAUKESHA COUNTY S75W17363 JANESVILLE 0.22 $ ‐ $ ‐ $ ‐
MSKC2196955 RALPH LLANAS S75W17385 JANESVILLE 0.17 $ 10,800 $ ‐ $ 10,800
MSKC2196957 CHRISBEN I LLC S75W17461 JANESVILLE 0.29 $ 89,300 $ 158,200 $ 247,500
MSKC2196957001 CHRISBEN II LLC S75W17475 JANESVILLE 0.17 $ 52,500 $ 241,900 $ 294,400
MSKC2196956 AMERITECH 0 $ ‐ $ ‐ $ ‐
MSKC2198977 S & B Ferrito Properties LLC S73 W16581 Bellview Dr 0.53 $ 63,700 $ 155,200 $ 218,900
MSKC2198978 Your Auto Wash LLC S73 W16555 JANESVILLE 0.77 $ 224,400 $ 130,100 $ 354,500
MSKC2198950 H & C PROPERTIES LLC S73 W16511 JANESVILLE 0.44 $ 119,700 $ 305,300 $ 425,000
MSKC2198949 H & C PROPERTIES LLC S73 W16485 JANESVILLE 0.97 $ 236,500 $ 250,500 $ 487,000
MSKC2198948 WAUKESHA COUNTY S73 W16437 JANESVILLE 0.86 $ ‐ $ ‐ $ ‐
MSKC2198981 MICHAEL FITZGERALD S74W16834 JANESVILLE 0.34 $ 105,000 $ 241,100 $ 346,100
MSKC2198984001 MUSKEGO PARTNERS LLC S74W16890 JANESVILLE 2.66 $ 812,000 $ 761,500 $ 1,573,500
MSKC2198984002 MUSKEGO PH LLC S73W16730 JANESVILLE 2.18 $ 272,200 $ 189,500 $ 461,700
MSKC2198984003 CITY OF MUSKEGO 0.86 $ ‐ $ ‐ $ ‐
MSKC2198984005 JERRY MEHLHAFF 0.76 $ 73,600 $ ‐ $ 73,600
MSKC2198984006
SCHURMAN REAL ESTATE VENTURES
LLC S73W16770 JANESVILLE 1.62 $ 204,800 $ 340,100 $ 544,900
MSKC2198990003 ST FRANCIS SVGS & LOAN S74W17100 JANESVILLE 0.68 $ 237,000 $ 432,700 $ 669,700
MSKC2198990004 DR JODIE GRUENSTERN LLC S73W16790 JANESVILLE 0.67 $ 182,700 $ 362,500 $ 545,200
MSKC2198991001 BHATTI ENTERPRISES LLC S73W16680 JANESVILLE 1.01 $ 188,300 $ 182,400 $ 370,700
MSKC2198991003 CITY OF MUSKEGO 0 $ ‐ $ ‐ $ ‐
MSKC2198991004 K & V PROPERTY MANAGEMENT LLC S73W16610 JANESVILLE 2.06 $ 595,500 $ 671,900 $ 1,267,400
MSKC2198993 JOSEPH D KONKEL S73W16582 JANESVILLE 1.18 $ 147,900 $ 196,900 $ 344,800
MSKC2198995 ROBERT HOORMANN S73W16554 JANESVILLE 0.83 $ 151,400 $ ‐ $ 151,400
MSKC2199999002 NORTH SHORE BANK S74W17095 JANESVILLE 1.1 $ 357,700 $ 1,131,500 $ 1,489,200
MSKC2199999022
MUSKEGO DEVELOPMENT COMPANY
LLC S74W17009 JANESVILLE 3.84 $ 703,100 $ 1,196,900 $ 1,900,000
MSKC2199999063 MUSKEGO PROPERTIES LLC S74W17025 JANESVILLE 1.72 $ 523,500 $ 1,588,700 $ 2,112,200
MSKC2199999064 MCADAMS REALTY MUSKEGO LLP 2.16 $ 394,800 $ ‐ $ 394,800
MSKC2199999065 MCADAMS REALTY MUSKEGO LLP S74W17005 JANESVILLE 5.51 $ 1,008,500 $ 2,917,900 $ 3,926,400
MSKC2199999066 MCADAMS REALTY MUSKEGO LLP 0.78 $ 300 $ ‐ $ 300
TOTALS for Existing parcels 29.96 $ 5,958,300 $ 10,213,600 $ 16,171,900
TOTALS for New parcels 9.64 $ 1,813,900 $ 3,223,900 $ 5,037,800
Grand Totals 39.60 $ 7,772,200 $ 13,437,500 $ 21,209,700
EXHIBIT 3
EXHIBIT 4
Legal Description
All that part of the Northwest ¼ and the Southwest ¼ of Section 10, and the Northeast ¼
and the Southeast ¼ of Section 9, Town 5 North, Range 20 East, City of Muskego,
Waukesha County, Wisconsin, bounded and described as follows:
Commencing at the Northwest corner of a property identified by Tax-key no. 2198-990-
003 said point also being the point of beginning; thence Easterly along the North line of
said property 106.00 feet, to the Easterly line of said property; thence Southerly along
said East line extended 295 feet more or less, to the South right of way line of Janesville
Road (C.T.H. “L”); thence Northeasterly along said South line 710 feet more or less to
the Northeast corner of Lot 4, Certified Survey Map No. 10029; thence Northerly 120
feet more or less to the Southwest corner of a property identified by Tax-key no. 2198-
984-001; thence Northerly along the West line of said property 417.31 feet to the North
line of said property; thence Easterly along said North line 222.79 feet, to the West right-
of-way line of Parkland Drive; thence Northerly 73 feet more or less to the intersection of
the Easterly right of way line of said Parkland Drive and the Southerly line of Outlot 4,
Parkland No. 3 Subdivision; thence Easterly along said South line 125.08 feet to an East
line of said Outlot 4; thence Northerly along said East line 153.00 feet, to a South line of
said Outlot 4; thence Northeasterly along said South line 263.00 feet, to an angle point;
thence Northeasterly along said South line 285.00 feet, to a South line of said Outlot 4;
thence Easterly along said South line 96.14 feet, to the West line of Parcel B, Certified
Survey Map No. 103; thence Northerly along said West line and along the West line of
Outlot 1, Certified Survey Map No. 10221 a distance of 648 feet more or less to the
North line of said Outlot 1; thence Easterly along said North line 540.70 feet to the East
line of said Outlot 1; thence Southerly along said East line and also the East line of the
property identified by Tax-key no. 2198-995 a distance of 582 feet more or less to an
angle point; thence Southeasterly along the Easterly line of said property extended, 126
feet more or less, to the existing Southerly right of way line of Janesville Road (C.T.H.
“L”); thence Northeasterly along said right of way line 422 feet more or less to the West
Bay Lane Drive right of way line; thence Southerly along said West line 424 feet more
or less to Northeast corner of Lot 3, Certified Survey Map No. 1876; thence Westerly
along the a North line of said Certified Survey Map 254.02 feet to an angle point; thence
Southwesterly along an extended North line of said Certified Survey Map 276 feet more
or less to the South line of a property identified by Tax-key no. 2198-977; thence
Westerly along said South line 152.95 feet, to the West line of said property; thence
Northerly along said West line 126 feet more or less to the Southerly Janesville Road
(C.T.H. “L”) right of way; thence Northerly 169 feet more or less to the Southeast corner
of Lot 1, Certified Survey Map No. 10766, said point also lying on the Northerly
Janesville Road ultimate right of way line; thence Southwesterly along said Northerly
line 1,018 feet more or less to the Westerly Parkland Drive Right of way line; thence
Southerly 120 feet more or less to the Northeast corner of Lot 1, Certified Survey Map
No. 10029; thence Southerly along the West Parkland Drive right of way 915 feet more
or less to the South line of said Certified Survey Map No. 10029; thence Westerly along
the South line of said Certified Survey Map No. 10029, and Parcel 1 of Certified Survey
Map No. 6635, a distance of 1260.65 feet, to the East right-of-way line of Lannon Drive;
thence Northerly along said East line 50.00 feet to the Southerly line of Parcel 1,
Certified Survey Map No. 7919; thence Easterly along said South line 228.00 feet to an
angle point; thence Easterly on said South line 100.21 feet to the Easterly line of said
Parcel 1; thence Northwesterly along said East line 350 feet more or less to the centerline
of Janesville Road (C.T.H. “L”); thence Southwesterly along said centerline 263 feet
more or less to the intersection of said centerline and the West extended Lannon Drive
right of way line; thence Southerly along said right of way line 496 feet more or less to
the North line of Lot 3, of Chesterhill Subdivision; thence Westerly along the North line
of said Lot 3 and Lot 10, of Westview Subdivision 320.0 feet to the Northwest corner of
said Lot 10; thence Westerly 52 feet more or less to the Northeast corner of Certified
Survey Map No. 123; thence Southwesterly along the North line of said Certified Survey
Map 304.98 feet to the Southeast corner of Certified Survey Map No. 2667; thence
Southwesterly along the South line of said Certified Survey Map 135.00 feet to the
Southwest corner said Certified Survey Map; thence Northwesterly along the West line of
said Certified Survey Map 223.44 feet, to the Northwest corner of said Certified Survey
Map, said line also being the Southerly Janesville Road ultimate right of way line; thence
Northeasterly along said right of way line 366 feet more or less to the East Michi Drive
extended right of way line; thence Northwesterly along said East line 369 feet more or
less, to the North line of a property identified by Tax-key no. 2193-088; thence Easterly
along said North line extended 223 feet more or less to the East Lake Drive right of way
line; thence Northerly along said East line 87 feet more or less to the North line of a
property identified by Tax-key no. 2193-059; thence Easterly along said North line 167
feet more or less to the West Center Drive right of way line; thence Northeasterly 67 feet
more or less to the Northwest corner of Lot 28, of the First Addition to Krogmanns
Subdivision; thence Easterly along said North line extended 291 feet more or less to the
East Lannon Drive right of way line; thence Northerly along said East line 98 feet more
or less, to the Northwest corner of a property identified by Tax-key no. 2198-990-003
said point also being the point of beginning.