Cindy moved to Brookfield in 1994 with her husband and three children in tow. It's been a very interesting seventeen years.
The current ban on developing the remainder of the subdivision expires September 1, 2012, so it's time to do it again. This time, though, it appears the extension will be indefinite, or rather, it's up to the developer Joseph Niebler to clear certain hurdles. They are:
A. Waste Management properly abandons the gas probes and detection gas probes located within the lots of the proposed Shire Addition No. 1, in accordance with a plan approved by the Wisconsin Department of Natural Resources. Plan Commission Minutes
B. Waste Management installs new gas probes along the Waste Management property boundary, in accordance with a plan approved by the Wisconsin Department of Natural Resources.
C. The Wisconsin Department of Natural Resources provides the City a letter documenting that Waste Management is in compliance with the applicable regulatory level for methane at Waste Management's new compliance boundary.
D. Waste Management constructs the gas trench required in the December 22, 2010 DNR/DOH report on Waste Management property.
E. An extension of the existing agreement dated July 21, 2004 between Waste Management of Wisconsin, Inc., NFI Properties, LLC, and the City to the Residential development of The Shire, Addition No. 1 is executed.
I could be wrong, but I think it's E that will be the biggest hurdle. Inside that agreement is probably an indemnity to protect the city from any issues that might arise, and if I remember correctly, that is a piece of insurance that is unlikely to be produced.
It's a muted response. No parade or anything, but it is looking more and more like I won this one. Niebler has his plat approval, but the land will never be developed since he can't satisfy the insurance requirements.
Probably the last we'll hear on the issue for a long, long time now that there's no longer an expiration date. In fact, it appears if it ever is fulfulled, the moratorium is automatically lifted. But, like I said, there's no reason to hold my breath on that one. Of course, there's always a chance the development office could just slide it through.
You know, if I was on the council I'd make sure the latest ordinance had once last vote from the council to confirm any lifting. It's too important an issue to let it slide through staff without accountability from our elected representatives.