Commuinity Development Authority - MINUTES - 1/8/2003
CITY OF MUSKEGO APPROVED 1/15/03
COMMUNITY DEVELOPMENT AUTHORITY (CDA)
MINUTES
Wednesday, January 8, 2003
Chairman Waltz called the meeting to order at 6:04 p.m.
Those in attendance recited the Pledge of Allegiance.
The meeting was posted in accordance with the Open Meeting Law.
PRESENT: Commissioners Rob Glazier, David Lidbury, Frank Waltz, Ald. Rick Petfalski, and Ald.
Nancy Salentine
ABSENT: Commissioner Suzi Link (excused), Commissioner Gail Miles (excused)
Also in attendance Finance Director Dawn Gunderson, Mayor Mark Slocomb, and Plan Director
Brian Turk.
GUEST: Attorney James H. Baxter III
APPROVAL OF MINUTES:
Ald. Nancy Salentine moved to approve the minutes of the December 11 meeting. Commissioner
Glazier seconded. Upon a voice vote, the motion carried.
LEGAL COUNSEL
Mayor Slocomb gave a brief explanation regarding the potential of conflicts of interest with an
attorney working for the CDA and the city. Mayor Slocomb and Director Turk had a conference
call with Attorney Riffle and he gave them a hypothetical case whereby the CDA had full authority
on an issue and their action was in the opposite direction of the city’s action. In reviewing of the
CDA by-laws, the actual final say on critical issues is held by the Common Council such as the
CDA cannot take condemnation action without the Common Council. He indicated that the city has
worked with Attorney Baxter before and felt he was knowledgeable in this area, such as razing
buildings, condemnations, et cetera. He proposed to recommend to the CDA that they retain
Attorney Baxter as their legal counsel.
Attorney Baxter distributed a biographical sketch to the commissioners. He discussed issues that
the CDA may become involved with under their jurisdiction. He has some significant experience
with the property and the people and he knows Attorney Riffle very well. He has handled
redevelopment districts in the City of Milwaukee and formed redevelopment districts and defended
redevelopment districts in court. He has a fair amount of experience in both drafting and litigation.
He has worked with CDAs before. He briefly explained the details involved with publishing a public
hearing and taking measures to make sure the property owner is notified 10 days before the
hearing. He mentioned that the CDA has very broad powers as a redevelopment authority. How
they exercise these powers is not always clear. He shared with the committee members some
CDA Minutes, January 8, 2003, page 2
examples of what the CDA may find in their investigations. They may become involved with some
very extensive environmental testing. He said there are three definitions of blight and of blight
areas and it is very broad and leaves a lot to the CDA’s discretion. The CDA could ask him to
review the documents. He suggested that they work closely with their attorney on their first time
with a project until they can understand the details. He usually works with a staff member in
reviewing and scheduling. On areas that he is not fully knowledgeable, he would consult with the
other city staff/consultants. He touched on some of the pitfalls that the CDA may have before
them. It is up to the CDA commissioners how much involvement they want with their attorney.
Alderman Petfalski moved to recommend retaining Attorney Baxter as the Community
Development Authority’s (CDA) legal counsel. Commissioner Glazier seconded. No further
discussion. Motion carried unanimously. Ald. Salentine inquired of his billing procedure and
rate. Attorney Baxter stated he would be billing by the hour and his rate is $290 per hour, prorated
1/10 of an hour, telephone calls, faxes. Director Turk will update Attorney Baxter on the current
status of the projects.
OLD BUSINESS:
REDEVELOPMENT DISTRICT 1 PLAN
Director Turk shared that the other committees with jurisdiction had reviewed the plan and the
Public Utilities Committee and the Plan Commission have given it their blessing. He had worked
with Attorney Molter regarding the notice requirements to make sure they comply with all the
statute on public hearing notices.
TID 9 STATUS (Plan Commission)
Agenda item noticed for Plan Commission.
NEW BUSINESS: None
CITIZEN COMMENTARY: None
MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ECONOMIC DEVELOPMENT STRATEGIC PLAN STATUS
Director Turk announced that the next meeting of the Mayor’s Task Force is Thursday, January 9,
2003, at 5:00 p.m.
JANUARY 23 MEETING ON OPEN MEETING LAWS
District Attorney Bucher and Attorney John Macy will be holding a meeting on the open meeting
laws on January 23. Three of the CDA commissioners expressed an interest in attending. Proper
notice has been published that they may be in attendance at this meeting. Commissioner
Chairman Waltz shared that several articles have appeared recently in the paper regarding the
open meeting laws.
CDA Minutes, January 8, 2003, page 3
FUTURE AGENDA ITEMS:
Items on the next agenda would include, but not limited to, public hearing input, Redevelopment
Authority #1, TID #9, Mayor’s Task Force.
NEXT MEETING:
The next meeting is scheduled for January 15, 2003. It will follow the public hearing on the
Redevelopment District No. 1. The TID review will be on Tuesday at 6:45 p.m. and Commissioner
Chairman Waltz invited other commissioners to make this meeting.
ADJOURNMENT:
There being no further business, Ald Petfalski moved for adjournment. Commissioner Lidbury
seconded. Upon a voice vote, the motion carried. The meeting adjourned at 6:45 p.m.
Stella Dunahee, CPS
Recording Secretary