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Commuinity Development Authority - MINUTES - 10/22/2007 CITY OF MUSKEGO Approved 2/18/08 COMMUNITY DEVELOPMENT AUTHORITY (CDA) Audio recording of meeting MINUTES is also available. Monday, October 22, 2007 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, Suzi Link, Gail Miles, Frank Waltz, Ald. Werner, Ald. Pavelko and Executive Director Jeff Muenkel GUESTS: Ald. Borgmann, Mayor Johnson, Michael Harrigan of Ehlers APPROVAL OF MINUTES Commissioner Glazier moved to approve the minutes, as amended. for the September 24, 2007 meeting. Ald. Werner seconded. Commissioner Link submitted the following corrections/clarifications: On page 1, change skeleton to skeletal (Recording Secretary note…On the audio, skeleton was the correct word and is also defined as an outline or a sketch so this change was not made). On page 2, In reference to the sentence A majority of the authority agreed. She would like in the minutes that she reiterated she had concerns over the type of meeting given complexity of the questions that they were discussing. She asked that the audio tape be checked and that portion on her concerns be added to the minutes. On page 2, change central to center. On page 2, add clarification to the sentence…Commissioner Link stated the infrastructure for the industrial park needs to be updated. On page 2, correct the sentence…the potential for increased water flow in Pilak Creek due to the dam installation of the new box culvert on Janesville Road, allowing more water through. Upon a voice vote, the motion to approve the minutes as amended carried. OLD BUSINESS — None NEW BUSINESS The role of a CDA and info on pay-as-you-go (PAYGO) TIDs Mr. Michael Harrigan, Chairman of the Board of Ehlers & Associates, presented an overview of history of community development authority law and the utilization of community development authorities in Wisconsin. He spoke about some of the powers of a community development authority and covered some items that were made possible through the community development authority legislation. He reviewed again the unique form of financing available to the CDA which he noted the Muskego CDA had already used. He mentioned that within the last five to seven years, there has been a movement toward another approach for financing tax increment projects and that is the pay-as-you-go form of financing. The real advantage of the pay-as-you-go is it shifts the risk equation entirely. The key points of PAYGO are  Shifts risk from Municipality to Developer  Reduces necessary borrowing for municipality to finance projects  Requires a development agreement (important to involve legal and bond counsel)  Involve the Municipality’s financial advisor to “crunch” the numbers Under the new legislation, associated with condemnation statute for acquiring property for new development, in dealing with single family homes, essentially the CDA is precluded from doing a CDA Minutes October 22, 2007 - page 2 condemnation for purposes of economic development or redevelopment, but not for purposes of road right-of-way, utilities or other standard public infrastructure. There isn’t a restriction in the Wisconsin statute for commercial or industrial property condemnation. One remark on closing, Mr. Harrigan stated the “but for” was a very important point. An important part whether going with traditional TIF or PAYGO financing, is to find a way to get at an empirical answer to the “but for” test. For their clients now, they are requiring the developer to essentially provide their books to the community to show a gap that is needing to be bridged, proving that they can’t afford to pay it all themselves and still make a reasonable profit on their project. Final review and recommendations for Town Hall Meeting Regarding Former Parkland Mall Site Executive Director Muenkel was still working on getting the packet of information together for the November 12 meeting. He will be giving background information and adding pros and cons to the options that will be presented. This should be completed within the next week-and-a-half and he will forward it on to the Commissioners so they can make additional comments. Prior to this meeting, the Commissioners were sent the item that will be included in the October Issue of the CITY NEWS and he did receive some comments. Commissioner Link would like to see added that there are alternatives to the city center being at Parkland Mall. Executive Director Muenkel reiterated that the focus of the meeting was what does the public want to do with Parkland Mall site; pursue other options, purchase the property or let the property be. Commissioner Link would like to see a notation what type of development created the original TIF and how it was changed that Parkland Mall was no longer part of the redevelopment district. She thought the wording in the document should include the CDA approved increasing the TIF. Executive Director Muenkel clarified that the history document they received was only a summary and they will be providing at the meeting more documentation on the TIF. Commissioner Link would also like to include in the information when the assessed property changed from commercial to agricultural. Also, the Mayor not the CDA had met with developers in 2005-07 and the CDA never saw plans from a developer. Ald. Werner ask how the public would be able to reply after reading the information? Executive Director Muenkel said there would be the opportunity to speak that night or about two weeks after the meeting to send in their comments, phone the Planning Department or post on the web site. Commissioner Link inquired, in the materials, where is the explanation of the “but for” test and examples so the people know why a TIF would or would not be used? Also, need to explain what a short take and a long take are because there are two different forms of condemnation with very different implications. Commissioner Miles would like to see the return form have option to either bring it to the meeting or submit it later. Ald. Pavelko inquired what will happen to the responses? Executive Director Muenkel stated the information will be compiled and provided to the Common Council and CDA. The results will be published for the community. Commissioner Link would like use tax explained and why the property is qualified for use tax now and how it may or may not be eligible year- to-year. Prioritize “Where the CDA wants to go next?” Executive Director Muenkel, not only provided the CDA members with a map and background information on previously identified areas for future development and redevelopment, but gave a short dissertation on each area. These areas were based on adopted plans and design guides. He noted that the CDA was not limited to these areas as there may be other areas recognized for redevelopment or development. Commissioner Miles’ first priority would be the industrial parks to attract new businesses.; from there, grouping the landfills and grouping the gateways to establish some hierarchy for the projects. Ald. Werner agreed that the CDA would have to set up a priority of what they wanted; however, suggested that whatever priority was set, the CDA set goals to be met and a timeline to meet those goals. He stated the CDA needs to focus on developing the land they own now. Commissioner Lidbury stated the downtown is obvious and in addition to that, agreed with the industrial parks being on a top priority; then the Moorland Corridor. He was less concern with the area of Racine and Kelsey and the other little nodes. These are opportunities that will pop up on their own. Ald. Pavelko was interested in the CDA Minutes October 22, 2007 - page 3 areas that have access to utilities—water, sewer. Emerald Park and western Janesville Road and Kelsey are issues of utilities. Work on the areas that the city has the infrastructure available such as Tess Corners. Commissioner Link would like to add to the areas mention the area of Janesville Road, west of Racine Avenue, and then Racine Avenue, south of Janesville Road. She stated there are allot of opportunities to put in businesses. The city needs to get the commercial, light industrial and industrial businesses. The city needs to get jobs that pay a living wage. She alluded to the Old Settlement Centre site as a million dollars worth of real estate that is currently being used as a special-use park. She stated that this would be desirable for business as it is on a county highway and close to the freeway. She continued that one of the first things needed to be worked on was for staff to figure out as the road widening of Janesville develops, what properties are going to be impacted and what properties are going to require CDA action or funding in order to re-purpose them so they don’t sit like the properties in Tess Corners like orphans. She also would go with having the industrial parks upgraded and if the city needed another one, where would it be located. Commissioner Glazier came up with the gateways versus the industrial parks versus retail development. He also considered which would have the most beneficial impact on the tax base and it seems to be the industrial parks although it would be interesting to hear the input of the Mayor’s Task Force on Economic Development. He inquired how many projects the CDA could have going at one time? Executive Director Muenkel recommended they focus on one at a time. With projects such as industrial parks that are similar, they may be able to have a couple redevelopment district boundaries. Chairman Waltz thought the redevelopment district #2 is going to see some action in coming forward with the road widening. They may want to consider redoing the boundaries and expanding it out to Racine. In terms of making this a healthy community from a tax base standpoint and employment, the industrial parks need to be addressed. Both of these would require staff to do some preliminary work on how that might be structured. PUBLIC INPUT — None. MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW The next meeting date was not set up. The joint follow-up meeting on the Parkland Mall meeting may be in early December. Chairman Waltz suggested the CDA review the properties that might be affected in Redevelopment District #2 at their next scheduled meeting. Also, what might be entailed in getting started on upgrading the industrial parks. They would also be considering a resolution on expanding the boundaries of the Redevelopment District #2. Executive Director Muenkel shared that a public hearing for the Tax Increment District for the Moorland Road corridor will be held on November 6 at 6:00 p.m. Commissioner Link shared that Executive Director Muenkel is very soon going to be a certified economic financial professional. This would entail being directly involved with developers and finding ways to structure loans. Executive Director Muenkel reported that Wednesday, the developer will be in with conceptual plans for the CDA property. If it comes to fruition, he may call a meeting of the CDA to review it. ADJOURNMENT: There being no further business, Commissioner Lidbury moved for adjournment, seconded by Ald. Pavelko. Upon a voice vote, the motion carried unanimously. Meeting adjourned at 9:49 p.m. Stella Dunahee, CPS Recording Secretary