Commuinity Development Authority - MINUTES - 4/17/2003
CITY OF MUSKEGO APPROVED, AS
COMMUNITY DEVELOPMENT AUTHORITY (CDA) CORRECTED
MINUTES 5/12/03
Thursday, April 17, 2003
PUBLIC HEARING—Regarding the Terms of a Proposed Lease between the City and the
Community Development Authority of Certain Public Rights-of-Way and Public
Improvements in Redevelopment District No. 1 in Connection with Lease Revenue Bond
Issue.
Commissioner Link, Vice-chairperson of the CDA, declared the hearing open at 7:10 p.m. Also
present were Commissioners Rob Glazier, David Lindbury, Gail Miles, Ald. Rick Petfalski, Ald.
Nancy Salentine, Mayor Mark Slocomb, Finance Director Dawn Gunderson, Plan Director Brian
Turk, and Mr. Dave Anderson of Ehlers & Associates.
Those present recited the Pledge of Allegiance.
Notice of the public hearing, followed by the regular meeting was posted in accordance with the
Open Meeting Law.
Commissioner Link read the Notice of Public Hearing.
Mr. Anderson stated that the CDA is in the process of financing the projects related to TIF District
#9, the water utility and burying the underground cable in the Tess Corners area. The method they
are going to use is CDA-lease revenue bonds. There are three parties to the agreement—the
bondholders, the CDA, and the City of Muskego. Whenever this type of transaction occurs, the
bonds are sold. The bondholders provide money to the CDA, the CDA then provides the money to
the city so the city can do the projects in the TIF district. Because this isn’t a very good security for
the bondholders, with the CDA giving the money to the city, there needs to be a method to get the
money back to the bondholders in a secure manner. In regard to the water main, the CDA holds
title to the water main, which is going to be installed on Janesville Road, the CDA will then lease
the water main to the city. The city will use its TIF revenues to make the lease payments to the
CDA. The CDA will use those monies to pay back the bondholders. This is the mechanism
proposed for financing. This is a hearing on the lease. The reason for this public hearing on the
lease is anytime public property is leased to anybody, there has to be a public hearing. The CDA
commissioners received the lease document in advance of the public hearing. Essentially,
because the CDA owns a water main, the city wants to lease it from the CDA and will make
payments every six months and the money will then be used to pay the bondholders. The lease
also included an interest and payment schedule for the public hearing purpose and for Common
Council action with an interest rate of 5.75%. This interest number needs to be high enough so the
CDA does not have to hold another public hearing and have Council action again. He indicated he
would discuss the numbers in more detailed with the CDA commissioners later in the meeting.
Commissioner Link inquired if anyone would like to comment at this time? Kristina Strandberg
asked why the water main needed to be leased, why they couldn’t just do the improvements within
the city? Commissioner Link responded that the CDA has the ability to sell bonds that are double-
tax exempt which makes them more desirable to those who buy bonds. The city does not have the
legal right to do it. The bonds are more desirable if they are issued through a CDA, than if they
would be issued through a city. This is why the CDA was created as a funding source so you
CDA Minutes of Public Hearing and Regular Meeting, April 17, 2003, page 2
would get more value for the money and spend it in the community. The city, on the other hand, is
better at building water mains than the CDA. Basically, the CDA provides access to funding
sources that the city would otherwise not be able to obtain and the CDA has rights and
mechanisms that are focused directly on the community development that are different than the
tools and the mechanisms that the city has by statute. Ms. Strandberg asked what is the CDA, is it
the name of a company? Commissioner Link said the CDA is the Community Development
Authority and it is enacted by State statute. It is a quasi-governmental entity. Plan Director Turk
explained that the CDA is a separate, political entity of the community that gets its authority from
the Common Council, but has the ability to function independently of the Council to the extent that
the Council gives authority to the CDA with rights to undertake projects and do development plans,
but the funding has to be approved by the Council. They work together, but the CDA has
independent authority to initiate projects. Ms. Strandberg summed up that the CDA is just like an
organization basically, it’s not like a private agency that would have to render in for money? Mr.
Anderson said the CDA is independent in that it is controlled by the city. The main purpose is to
focus on areas of redevelopment in the city. The statute gives the CDA more authority to act like a
private company as well as a governmental authority.
As there were no further comments or questions, Commissioner Link declared the hearing closed
at 7:15 p.m. and thanked everyone for attending.
CDA REGULAR MEETING
Commissioner Link reconvened the regular meeting of the CDA at 7:16 p.m.
PRESENT: Commissioners Rob Glazier, David Lidbury, Suzi Link, Gail Miles, Ald. Rick Petfalski,
and Ald. Nancy Salentine
Also in attendance Finance Director Dawn Gunderson, Mayor Slocomb, Plan Director Brian Turk
and Mr. Dave Anderson from Ehlers & Associates.
ABSENT: Commissioner Frank Waltz (Excused)
GUESTS: None.
APPROVAL OF MINUTES:
Ald. Nancy Salentine stated that the number of citizens in attendance at the open house should be
changed to over 200. Ald. Salentine moved to approve the minutes of the April 10, 2003 meeting
as corrected. Commissioner Lidbury seconded. Upon a voice vote, the motion carried
unanimously.
OLD BUSINESS:
CDA ADMINISTRATION OF THE ECONOMIC DEVELOPMENT REVOLVING LOAN FUND
Director Turk informed the CDA commissioners that Mr. Wolff is in the process of rewriting the
manual now with the State template in mind. They should have the document in the near future.
NEW BUSINESS:
CDA Minutes of Public Hearing and Regular Meeting, April 17, 2003, page 3
REVIEW AND DISCUSS DRAFT OF REDEVELOPMENT DISTRICT #2 PROJECT PLAN AND
SETTING A PUBLIC HEARING DATE ON SAME
Plan Director Turk briefly reviewed the draft with the CDA commissioners. He acknowledged the
efforts of Mr. Dustin Wolff and Mr. Jeff Muenkel of the Planning Department for their efforts in
putting the document together. Much of the information was contained in the blight determination
memo that they had received earlier. He focused their attention on the areas described between
document pages 39-45 on the district vision plan and implementation as well as the phases of the
project plan starting with:
Phase 1—the redevelopment of the former Parkland Mall site;
Phase 2—the Basse property which is moving forward with development;
Phase 3—the Janesville Road reconstruction which is tentatively scheduled to start in
2008;
Phases 4 & 5—are discretionary but included so that the CDA are enabled to do projects
at a later date if they choose.
He continued, that in Phase 1, it is a very detailed concept plan with detailed cost estimates and as
you review Phase 5, it becomes a little more nebulous because there is no immediate plan for the
areas.
Commissioner Lidbury asked how he determined the order of phases as there was a lot of public
comment about addressing the south side of Janesville Road? Plan Director Turk replied that
Phase 1 speaks for itself being the Parkland Mall. Phase 2 is developing and is moving ahead and
there should be dirt turning next spring on that project. Phase 3 is a known project. They went in
order of how seriously they know these things are happening.
He called their attention to pages 52 and 53 of the document where it relates to targeted area
acquisitions and discretionary acquisitions. The discretionary acquisitions are the majority of the
properties that had blight determination and with the exception of the Pick N Save and the
Walgreens complex are really going to be seriously impacted by the highway project. Some
discussion followed on the Pick N Save parking lot location and the owner of the properties in this
strip mall. He encouraged the commissioners that as they review the document and have
questions, to feel free to call him. Further mentioned that the document is freely available for
parties interested in obtaining a copy for themselves.
Plan Director Turk advised that the CDA commissioners needed to take action on setting a meeting
date for the public hearing on the Redevelopment District #2 Project Plan. Alderman Petfalski
moved to officially establish May 15, 2003 as the public hearing date. Commissioner Rob
Glazier seconded. No further discussion. Upon a voice vote, the motion carried
unanimously.
CITIZEN COMMENTARY: No comments.
MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
LEASE AGREEMENT AND BORROWING FOR LEASE AGREEMENT
CDA Minutes of Public Hearing and Regular Meeting, April 17, 2003, page 4
Mr. Anderson provided the CDA commissioners with an updated copy of the TID #9 Financing Plan
and also Comparative Proposals. He briefly explained the bargaining procedures of contacting
underwriters throughout the country on bond sales. For the initial issuance of the CDA bonds, it’s
a different situation because the CDA has no assets and no revenue. The revenue is coming from
a TIF that has no tax base. This is not a very secure situation as in other bond sales. The
underwriter has to understand the transactions and the TIF plan. They solicited information from
underwriters doing this type of business in Wisconsin. They had received two proposals; one from
Stifel Nicolaus and the other from Baird. The copy of the financing plan showed the projected TIF
revenues, the capitalized interest which is necessary as a part of the borrowing, the interest
earnings, and the total revenues. A review of this document shows why a 5.75% rate is a good not
to exceed number in the lease. The comparative proposals covered the time frame from 2007 to
2021 and showed the average interest rate for each year. Both proposals had a lower interest rate
than the average A-rated fund. Baird had the best proposal. They will start with Baird with all the
documents and Baird will do some pre-marketing of the bonds. Mayor Slocomb inquired why the
proposal started with 2007? Mr. Anderson stated that was the first year they would have principal
payments due. Commissioner Miles asked what happens if the interest rates go up or down in the
future? Mr. Anderson explained that once there is a firm proposal, the interest rate is fixed. This
would be fixed on May 15 and not vary after that date. This is the process that they will be going
through. Plan Director Turk said that in the future, the CDA would have to decide what interest rate
they would be charging to the city.
ECONOMIC DEVELOPMENT STRATEGIC PLAN STATUS
Director Turk mentioned that the Mayor’s Task Force is meeting on Wednesday, April 23, and they
will be able to see the first portion of the retail marketing analysis. This will show for project area
#2 the retail components they need to market for the downtown.
Being aware that the city had sent a letter to the owner of Parkland Mall, Commissioner Link
asked if the CDA should also send a letter to the owner as they would be a more direct party
impacting him at this point, a courtesy letter? Director Turk stated he had already taken care of
sending the letter on behalf of the CDA.
NEXT MEETING:
The next meeting is scheduled for Thursday, May 15, 7:00 p.m., Muskego City Hall, for the public
hearing on the Redevelopment District #2 Project Plan and a regular meeting following. They will
also receive the bond sale reports for that day.
ADJOURNMENT:
There being no further business, Ald. Petfalski moved to adjourn. Commissioner Glazier
seconded. Upon a voice vote, the motion carried unanimously. Meeting adjourned at 7:46 PM
Stella Dunahee, CPS
Recording Secretary