Commuinity Development Authority- MINUTES - 3/7/2005
CITY OF MUSKEGO Approved 4/13/05
COMMUNITY DEVELOPMENT AUTHORITY (CDA) Audio recording of meeting
MINUTES is also available.
Monday, March 7, 2005
Chairman Frank Waltz called the meeting of the Community Development Authority to order at
7:00 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. Nancy Salentine, and
Ald. Schroeder.
Also present Mayor Slocomb and CDA Attorney Jim Baxter.
ABSENT: Commissioner Suzi Link (excused), Commissioner Gail Miles (excused) Interim Plan
Director Jeff Muenkel (excused)
GUESTS: Muskego Sun Reporter, Attorney Frederick, Glenn Sheridan, Keith Hammitt
Notice of Closed Session was read by Chairman Waltz.
NOTICE OF CLOSED SESSION
Please take notice that following Public Input, the Community Development Authority will convene, upon passage
of the proper motion, into closed session pursuant to:
19.85(1)(g) Wis. Stats. conferring with legal counsel for the governmental body who is
rendering oral or written advice concerning strategy to be adopted by the body with respect to
litigation in which it is or is likely to become involved; more specifically legal counsel regarding
the former Parkland Mall property. Action may be taken in closed session. The Community
Development Authority will then reconvene into open session to continue with agenda items.
APPROVAL OF MINUTES
February 28, 2005
Commissioner Lidbury moved to accept the minutes for the February 28, 2005 meeting of the CDA.
Commissioner Glazier seconded. Upon a voice vote, the motion carried unanimously.
PUBLIC INPUT—None
CLOSED SESSION
At 7:03 p.m., Ald. Salentine moved to go into closed session pursuant to 19.85(1)(g) Wis.
conferring with legal counsel for the governmental body who is rendering oral or written
CDA Minutes March 7, 2005 - page 2
advice concerning strategy to be adopted by the body with respect to litigation in which it is
or is likely to become involved; more specifically legal counsel regarding the former
Parkland Mall property. Commissioner Lidbury seconded. Upon a roll call vote, with all
members present voting aye, the motion carried unanimously. Mayor Slocomb and Attorney
Baxter were invited to attend the closed session.
At 7:28 p.m., Ald. Nancy Salentine moved, Commissioner Lidbury moved to reconvene the
meeting into Open Session for continuation of agenda items. Upon a roll call vote, with all
members present voting aye, the motion carried unanimously.
OLD BUSINESS
Review and Update of RLF Loan Procedures/Promotional Efforts
This item was deferred until the next meeting.
Review of Draft RFP for City-owned Janesville Road Property
This item was deferred until the next meeting.
NEW BUSINESS
CDA RESOLUTION NO. 001-2005 RESOLUTION OF THE CITY OF MUSKEGO COMMUNITY
DEVELOPMENT AUTHORITY TO APPROVE PRESS RELEASE
Chairman Waltz read CDA Resolution No. 001-2005 in its entirety, including the attachment
referenced as Exhibit A. The resolution, including the exhibit, is an attachment to these minutes.
Ald. Salentine moved to approve CDA Resolution No. 001-2005. Commissioner Lidbury
seconded. Upon a roll call vote, with all members present voting aye, the motion carried
unanimously.
CDA RESOLUTION NO. 002-2005 RESOLUTION OF THE CITY OF MUSKEGO COMMUNITY
DEVELOPMENT AUTHORITY TO AMENDTHE REDEVELOPMENT DISTRICT NO. 2 PLAN
Chairman Waltz read CDA Resolution No. 002-2005 in its entirety and is an attachment to these
minutes. Commissioner Lidbury moved to approve CDA Resolution No. 002-2005.
Commissioner Glazier seconded. Upon a roll call vote, with all members present voting
aye, the motion carried unanimously.
MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW:
The next meeting was not scheduled at this time. Chairman Waltz will contact Interim Plan
Director Jeff Muenkel for a date and then will advise the members.
ADJOURNMENT:
There being no further business, Ald. Salentine moved for adjournment, seconded by
Commissioner Glazier. Upon a voice vote, the motion carried. Meeting adjourned at 7:40 p.m.
Stella Dunahee, CPS
Recording Secretary
CDA Minutes March 7, 2005 - page 3
CDA RESOLUTION NO. 001-2005
RESOLUTION OF THE CITY OF MUSKEGO COMMUNITY DEVELOPMENT AUTHORITY TO
APPROVE PRESS RELEASE
WHEREAS, the CDA has been meeting in closed session to consider strategy with respect to
litigation that appeared likely if the CDA proceeded with the proposed condemnation of the
Parkland Mall site, and
WHEREAS, the public has expressed considerable interest in this matter, and
WHEREAS, the CDA deems it appropriate to make a brief explanatory statement
regarding its proposed amendment this evening of the Redevelopment District No. 2 Plan
to make clear that the CDA has no current intention to take the Parkland Mall site by
condemnation.
NOW, THEREFORE, BE IT RESOLVED by the CDA, that the statement which is
attached to this resolution as Exhibit A is approved for immediate issuance as a press
release.
th
Adopted this 7 day of March, 2005.
Frank Waltz,Chairman
City of Muskego
Community Development Authority
Attest:
Jeff Muenkel, Executive Director
City of Muskego
Community Development Authority
CDA Minutes March 7, 2005 - page 4
CDA RESOLUTION NO. 001-2005
ATTACHMENT A
During the past twenty months, the Community Development Authority of the City of
Muskego has worked diligently to reach agreement with Art Dyer on a mutually
satisfactory, publicly subsidized development of the former Parkland Mall site. The
CDA did reach agreement with Mr. Dyer last October on a physical development plan.
Unfortunately, however, the CDA and Mr. Dyer have not been able to reach agreement
on financial matters. Mr. Dyer believes that substantially more public money is required
for the project than the CDA thinks is prudent and Mr. Dyer believes that the property is
worth substantially more than the CDA thinks it is worth. These differences are
complicated by the fact that Waukesha County will require any development of the
property preceding the County’s proposed expansion and reconstruction of Janesville
Road in approximately 2010 to pay a disproportionately heavy share of the very large
cost of those roadway improvements. While the CDA has the power to acquire the
Parkland Mall site by condemnation, it is clear that doing so would result in protracted
and costly litigation. Having carefully investigated and considered the alternative courses
of action that are available, the CDA has concluded that condemnation and the resulting
litigation would be neither financially responsible nor in the public interest at this time.
Consequently, the CDA has initiated formal action this evening to amend the
Redevelopment District No. 2 Plan to make clear that the CDA has no current intention to
take the Parkland Mall site by condemnation. The CDA stands ready to assist Mr. Dyer
in any private development of the Parkland Mall site that he may choose to undertake
which satisfies the applicable requirements.
CDA Minutes March 7, 2005 - page 5
CDA RESOLUTION NO. 002-2005
RESOLUTION OF THE CITY OF MUSKEGO COMMUNITY DEVELOPMENT AUTHORITY TO
AMEND THE REDEVELOPMENT DISTRICT NO. 2 PLAN
WHEREAS, the CDA may recommend Redevelopment Plan amendments from time to
time as policies, goals, or design criteria change; and
WHEREAS, the Redevelopment District No. 2 Plan in is need of amendments for
maintenance and design criteria purposes; and
WHEREAS, on March 12, 2003 the City of Muskego Community Development
Authority (the “CDA”) duly designated and approved the boundaries of the
Redevelopment District No. 2 Project Area pursuant to Wis. Stat. § 66.1333(6)(b)1; and
WHEREAS, the Common Council duly approved and adopted the Redevelopment
District No. 2 Plan for the Project Area on June 10, 2003; and
WHEREAS, the CDA duly approved and adopted the Redevelopment District No. 2 Plan
for the Project Area on June 10, 2003; and
NOW, THEREFORE, BE IT RESOLVED by the CDA as follows:
1. The First Amended Redevelopment District No. 2 Plan, a copy of which is
attached as Exhibit A, is hereby approved by the CDA pursuant to Wis. Stat. Sec.
66.1333(6)(d).
th
Adopted this 7 day of March, 2005.
FrankWaltz, Chairman
City of Muskego
Community Development Authority
Attest:
Jeff Muenkel, Executive Director
City of Muskego
Community Development Authority