LIVING HERE

DATE: August 2, 2019

TO: Mayor, Committee of the Whole, City Administrator, and City Clerk

I have received a copy of the preliminary agenda for the Committee of the Whole and note that an item titled “Presentation by Shawn Kelly, Landscape Architect, UW- Madison regarding Hillmoor Feasibility Study.” I have serious concerns regarding this item because if it is the same “feasibility study” that has been presented at previous committee meetings, it is not truly a feasibility study where different land use options are explored. It is a presentation to change the Hillmoor property into a public park. It is a presentation to convert private property into a public park. By placing the item on the agenda, the Committee of the Whole is implying that it is their intention to make property not owned by the City into a public park. Because the Committee of the Whole is made up of all the aldermen, the placing of the item on the agenda and discussing the item is sending the message that the City has no intention of providing the owner of Hillmoor a fair hearing through the Land Use Planning process, and instead the City intends on condemning the property for a public park. I have discussed this matter with outside counsel who has previously represented the City in Land Use litigation, and he too agrees that having this presentation on the agenda and allowing it to proceed is a dangerous proposition. By placing the item on the agenda and allowing the presentation to proceed, the committee (and the City) will be implying that they intend to change the land use plan and underlying zoning, and convert private property into a public park. Placing and hearing this item on the agenda could well serve as a basis for the owner’s argument that the City was predisposed to make the property a public park and did not provide the owners a fair hearing in the comprehensive planning process. This would amount to an unconstitutional taking and subject the City to substantial damages. The Committee of the Whole is also usurping the comprehensive planning process by hearing and discussing this matter without a referral from the City Council or the Planning Commission. It is extremely dangerous for the Committee of the Whole to take it upon itself to hear this item without an understanding of the potential costs for implying this course of action. I must reiterate that the defense fund to defend lawsuits brought against the City is not endless. The mutual insurance company that provides insurance and defense costs the City has indicated that there may come a time when they can no longer afford to keep the City of Lake Geneva as a member of the mutual insurance company. The loss of this insurance would prove to be devastating because the ability to get similar insurance would be near impossible because of our past losses. The defense costs in the future would be a substantial burden on the tax-payers. My main point is that by placing this item on the agenda, you are implying that you intend to convert private property for a public park. You are doing so without considering the potential costs for such action. You are providing a basis for the owner to claim that there has been an unconstitutional taking and providing the basis for such a lawsuit. This could subject the City to substantial damages that have not been contemplated by any committee, or for that matter the City Council. You are also making an implication without considering the costs of changing private property into a public park. You are interfering with the current land use process without a request from the planning commission. My suggestion is to put off this presentation until the land use planning process has run its course. In the alternative, remove the presentation from the agenda, receive a written proposal from Mr. Kelly, and only then allow the public to comment on the item in the public comment section, and not respond to those comments. Once again it is dangerous for the Committee of the Whole to consider this item without understanding the consequences of making property not owned by the City into a Public Park. Please review the foregoing and if you have any questions, please contact me. Dan Draper, city attorney.

The drums are beating just under the surface of the residential community…the drums of recall. Editor

 

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