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Final steps for Shullsburg’s Parkview Development

POSTED December 14, 2017 1:01 p.m.

SHULLSBURG — The Shullsburg City Council meeting was called to order by Mayor Gloria Swenson on Wednesday, Dec. 6, 2017.
    Nathan Russell, attorney for Jack and Susan McCoy and the Parkview Development, spoke regarding the neighborhood association language. Russell explained, “The city is not listed as the developer in this final version because the neighborhood association is being adopted prior to the city taking ownership of the development. That’s why the McCoy’s are listed as the developer, because they are the ones creating the development and the homeowners association.”
    Russell continued, “If the council approves the homeowners association document, the next step would be to record the plat of survey and record all other documents and then to transfer the property over to the city.” Russell said he and the McCoy’s would like to see this completed by the end of the calendar year.
    The hold up is the plat has not been approved by the state. Alder Emmitt Reilly (in his own unique way) pointed out the project has to be approved by the Planning Commission and then approved by the city.
    Reilly said, “I noticed some language where if the city didn’t follow provisions of the project it would revert to the Shullsburg Advance Corporation.” Russell explained, “That is going to be on the deed. If the city does not follow the covenants, it would revert ultimately back to Advance Shullsburg.” Reilly said, “So that’s part of the deal?” Russell, “Yes.” Reilly then asked, “Is there any conflict of interest in that.” Russell said, “In what capacity?” Reilly responded, “Is there anyone on the council that is a member of Advance Shullsburg?” Alder Kory Ritterbusch (who is a member of Advance Shullsburg) said, “I will not vote on that.” Reilly asked, “Which one are you not voting on?”
    Russell said, “Hold on a minute! A conflict of interest means that you’re going to have a specific interest in getting something and you’re going to benefit from that. Advance Shullsburg is a 501(c)(3) organization and has no ability to accept or reject it, upon the failure of the city.” Reilly said (to Russell), “You are not our attorney on this and that is your opinion from McCoy’s side. I would think there would be a conflict of interest.” Russell said, “I am not your attorney on this, you can talk to your attorney.” Reilly, “I wouldn’t ask our attorney, I would file a complaint and let someone else figure it out.”
    Alder Duane Wedige said, “Nobody’s voted on this yet, so how do you know if there is going to be a problem?” Reilly responded, “The Planning Commission has voted to move forward on it and they are part of the Shullsburg Advance Corporation, Inc.” Russell said, “First of all, it’s Advance Shullsburg, let’s use the right names. I don’t believe there is a conflict of interest.” Reilly, “So at this time you’re representing the city and McCoy’s with your opinion.” Russell, “No, I’m not representing the city, you specifically asked me if there is a conflict of interest.” Reilly, “I asked Kory if he had a conflict of interest.”
    Russell said, “We can go around and around on this, if you choose to ask you attorney about, by all means ask him.” Reilly, “I won’t ask him, I’m not allowed to talk to our attorney.” Russell said, “Then why did you bring this issue up?”
    Swenson said, “Let’s move on. What we are doing tonight is approving the Neighborhood Association language.” Reilly said, “I’ll be asking for a roll call vote. You’ll be voting on this one Kory?” Ritterbusch responded, “You know what to be safe than sorry, I will abstain from them all.”
    Reilly then stands and and moves away from the head table and says, “Well then I won’t participate either.” Swenson said, “No, no, no, don’t pull that again.” Reilly said, “I did, I’m gone.” Wedige said, “We still have a quorum.” Swenson said, “You’re in the room, you’re still considered to be at the meeting.” Ritterbusch said, “You can’t runaway from your reasonability.” Swenson added, “You have a responsibility to the voters of this city to sit at this table and give your opinion. I’m tired of this. It’s not going to work.”
    Reilly moved back to the head table and sat down. Alder Jim Paquette made a motion to adopt and approve the Neighborhood Association language in regard to the Parkview Development. Roll call vote: Ritterbusch – abstain; Reilly – no; Paquette – yes; Wedige – yes. Approved 2-1.
Budget Hearing
    The Annual Budget Hearing was opened by Swenson. The council spoke about the budget amongst themselves. Clerk-Treasurer Marsha Einsweiler informed the council of several changes to the published budget.
    The 2018 Shullsburg adopted property tax levy was set at $306,343, which is below the 2017 levy by $19,926. The mill rate for 2018 property taxes is $21.02 per $1,000, which is up from the 2017 mill rate of $20.33 per $1,000. The public hearing was closed with no input from the public.
    In other business:
    •Approved the bills for general, water, sewer, electric, pool, museum, library and TIFF funds in the amount of $135,635. Part of the motion included a reimbursement for Alder Duane Wedige’s cell phone.
    •Approved a resolution for short tern borrowing in the amount of $82,962.
    •Approved the 2018 Budget and Levy Limit.
    •Approved a class B combination liquor license and coin machine permit application for BK’s Bar at 221 W. Water Street (formerly Nigh Owl). Brian Harwick, agent.
    •Approved operator licenses for Makenzie Brown, Kyle Harwick, Joseph Lyne Jr., Matthew Grindy and Penny Treanor.
    •No action on tractor extended warranty.

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