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CCR2015075-TIF exploration COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #075-2015 A RESOLUTION ALLOWING A DEVELOPER TO BEGIN THE APPLICATION PROCESS 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 (TID) District was received in the Community Development Department on May 17, 2015, from Care of Parkland Towne Center, LLC, Ener-Con Companies, Inc., and Muskego Adventures, Inc., (collectively “developer”) and the appropriate fees were paid; and WHEREAS, The request for a new TID District is for the parcel formerly known as the Parkland Mall (Tax Key Number 2198.984); and WHEREAS, When a developer requests the creation of a TID 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 TID District; and WHEREAS, The proposed TID is within Redevelopment District #2, which is administered by the Community Development Authority; and WHEREAS, For a TID District to be officially amended or approved, formal approvals of the TID 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 ultimately receive a TID approval via the proper channels for a TID District that allows funds for various economic development incentives; and WHEREAS, The developer intends to develop the property within a timeframe that will generate a tax base sufficient to pay off any requested TID monies and the developer realizes a Developer’s Agreement, sureties, and TID expenditure methods, such as “pay as you go”, will be needed by the Common Council during the approval process; and WHEREAS, The Developer and the City will follow the TID 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 conceptually approve the exploration of a new TID District Resolution #075-2015 Page 2 within the City of Muskego for the parcels around the former Parkland Mall property (Known as Tax Key Number 2198.984). BE IT FURTHER RESOLVED, That the Community Development Authority (CDA) be the body to hold the required public hearing and be the recommending body to the Common Council since the proposed development is within the CDA administered Redevelopment District #2. BE IT FURTHER RESOLVED, That the required developer’s deposit of $2,000 is paid before the official TID approval process begins and that costs associated with the TID process incurred by the City from attorneys, consultants, and staff be paid from this deposit. BE IT FURTHER RESOLVED, That the City financial consultants Hutchinson, Shockey, Erley & Co. be the consultants to manage the TID process. Hutchinson, Shockey, Erley & Co. will act in the City’s interest 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, tax base guarantees, or other) to be employed as part of any future TID approval by the Council. BE IT FURTHER RESOLVED, That the Council would like to see the TID expenditure method known as “pay as you go” be used some, if not all, of the proposed TID. The “pay as you go” method only requires expenditure of funds to a developer once specific phases of a proposed development are completed, thus relieving some burden of debt on the City. BE IT FURTHER RESOLVED, That the TID could be an amendment to the existing TID #8 that borders this parcel or that a new TID could be created and that this determination is dependent on the recommendation from the City’s financial consultants. th DATED THIS 28 DAY OF JULY , 2015. SPONSORED BY: Mayor Kathy Chiaverotti This is to certify that this is a true and accurate copy of Resolution #075-2015 which was adopted by the Common Council of the City of Muskego. __________________________ Clerk-Treasurer