CCR2007165.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #165-2007
A RESOLUTION AllOWING A DEVELOPER TO BEGIN OFFICIAL PROCEEDINGS
FOR A TAX INCREMENTAL FINANCE DISTRICT WITHIN THE
CITY OF MUSKEGO
WHEREAS, A request to initiate a process for the creation of a new Tax Incremental
Finance (TIF) District was received in the Planning Department on July 31, 2007 and
the appropriate fees were paid; and
WHEREAS, The request for a new TIF District is for parcels in and around Tax Key
Numbers 2172.851 and 2169.993; and
WHEREAS, When a developer requests the creation of a TIF District, the Common
Council first grants a resolution to proceed; and
WHEREAS, The Common Council shall determine which Committee (Plan Commission
or Community Development Authority) must hold the public hearings and be the
recommending body for a new or amended TIF District; and
WHEREAS, The proposed TIF is not within a Redevelopment District; and
WHEREAS, For a TIF District to be officially amended or approved, formal approvals of
the TIF must be received at the recommending board (Plan Commission or Community
Development Authority), the Common Council, and a Joint Review Board; and
WHEREAS, The developer hopes to receive a TIF approval via the proper channels for
a TIF District that allows funds for infrastructure (sewer, water, road improvements) and
site developments; and
WHEREAS, The City may have interest to include TIF costs to finance future water
storage facilities and Moorland Road gateway design improvements in this general
location to foster increased development of the Moorland Road corridor; and
WHEREAS, The developer intends to develop the property within a timeframe that will
generate a tax base sufficient to payoff any requested TIF monies and the developer
realizes a Developer's Agreement and sureties will be needed by the Common Council
during the approval process; and
WHEREAS, The Developer and the City will follow the TIF guidelines as set forth by the
Wisconsin Department of Revenue.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby approve the exploration of a new TIF District within the City of
Muskego for parcels in and around Tax Key Numbers 2172.851 and 2169.993.
BE IT FURTHER RESOLVED, That the Planning Commission be the body to hold the
required public hearing and be the recommending body to the Common Council since
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Resolution #165-2007 Page 2
the proposed development is not within a Redevelopment District and the proposed
development is within an area that the Planning Commission would review Building,
Site, and Operation Plans for.
BE IT FURTHER RESOLVED, That the required developer's deposit of $2000 is paid
before the official TIF process begins and that costs associated with the TIF process
from attorneys, consultants, and staff be paid from this deposit.
BE IT FURTHER RESOLVED, That the City financial consultant Hutchinson, Shockey,
Erley & Co. be the consultants to manage the TIF process. Hutchinson, Shockey, Erley
& Co. will act in the City's interest and will provide the necessary legal counsel while
being compensated under the developer's deposit.
BE IT FURTHER RESOLVED, That the Common Council will require a Developer's
Agreement and sureties (Letters of credit or other) to be employed as part of any future
TIF approval by the Council.
BE IT FURTHER RESOLVED, That City staff look to add TIF costs associated with
infrastructure related items in this business area that can aid and promote other future
development along the Moorland Corridor. Costs mayor may not include those for
water storage and Moorland Road amenity details.
DATED THIS 14TH DAY OF AUGUST ,2007.
SPONSORED BY:
Mayor John R Johnson
This is to certify that this is a true and accurate copy of Resolution #165-2007 which
was adopted by the Common Council of the City of Muskego.
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Planning Department
Meß1o
To: Common Council
From: Jeff Muenkel AICP
Date:
Re:
August 7, 2007
TIF Exploration Resolution: Moorland Road
Attorney George Erwin has submitted the proper fees and a brief narrative requesting the City allow his team to
explore a new TIF District in the City of Muskego along Moonand Road. The parcels in this request are known as
Tax Key Nos. 2172.851 & 2169.993 (Shown on the map below with stars upon them). Mr. Erwin's development
team has end users for this location in a very short timeframe and will be requesting TIF monies for infrastructure
(sewer, water, road improvements) and site development. The end users are to be business related development,
which the corridor was primarily intended for. The City may also have interest in using TIF monies to finance
future water storage facilities and Moonand Road gateway design improvements in this general location to foster
increased development of the Moonand Road corridor.
The first step to the TIF process when a developer makes a request is to have the Common Council allow a
developer to begin the process. The Council also sets up who the recommending board will be (In this case, the
resolution shows the Planning Commission as the recommending board since the parcel is not within a
Redevelopment District).
Please understand that adopting this resolution does not constitute an approval of a TIF District by the Common
Council. The resolution only authorizes the developer to begin the TIF process. Once approved, the developer
will get concrete details together on the proposed TIF and the Common Council will have say on whether or not
the actual TIF is approved at a later date. The developer fronts the costs for the TIF process when they are
requesting it. A developer's deposit is setup that will pay for staff and consultant costs during the process.
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SCHMIDT, DARLING Be ERWIN
ATTORNEYS AT LAw
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GERALD Ci, SCHMIDT. JR.
2300 NOIUH MAYFAIR ROAD
SUITE 1175
MILWAUKEE, WISCONSIN 53226
(414) 258-4300
FAX (414) 258-5487
ERIC S. DARLING
GEORGE B. ERWIN. III
HENRY E. KOLTZ July 30, 2007
VIA E-MAIL AND U.S. MAIL
jmuenkel@ci.muskego.wi.us
City of Muskego
Attention: Jeff Muenkel
Planning Department
W182 S8200 Racine Ave
P.O. Box 749
~uskego, VVI 53150-0749
Re: Proposed TIF
+/- 58 Acres - Regional Distribution Facility - Ace Industrial Properties, Inc.
Dear Jeff:
This is a formal request that the City of Muskego take up a tax incremental financing district for
purposes of assisting in the construction of a regional distribution facility for Ace Industrial
Properties, Inc. and its tenant.
This request is being forwarded via e-mail and regular mail. The regular mail will include a
application fee in the amount of $200.00 made payable to the City of Muskego.
VV e understand that this matter will be scheduled at the earliest possible time and our request is
for the August 14 City Council Agenda. In anticipation of that meeting, please contact me as
soon as possible as what are the necessary submittals as part of that concept plan.
By separate cover I am asking Bob Goehner to torward to you via electronic submittal site plan
data.
For general information purposes, this concerns tax key numbers 2172.851 and 2169.993. As
you are aware, this may well involve additional tax keys as part of the formal approval process.
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City of Muskego
July 30, 2007
Page Two
If I can provide additional infonnation or there is anything else I need to include as part of this
initial application request, please do not hesitate to contact me.
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Enclosure .
cc: Bob Goehner (via e-mail)
William Cariety (via e-mail)
Brian Riordan (via e-mail)
Jason Steiner (via e-mail)
Sincerely,
SCHMIDT, DARLING & ERWIN
/&i- George B. Erwin, ill
Attorney for Developer