The City of Franklin Common Council voted Jan. 6 to authorize city staff to accept and prepare changes to proposed development agreements related to a potential Tax Incremental District (TID) 10 and to add language making any execution of those agreements expressly subject to the creation and existence of TID 10.

The measure followed a closed-session discussion under Wisconsin Statute 19.85 on market-competition, bargaining and funding considerations tied to proposed residential-commercial development at the southeast corner of South 76th Street and West Rawson Avenue, a project the packet identifies with the developer name LXL PG Apartments LLC and the working project name POTS General. After the council returned to open session, the motion to adopt the staff-prepared changes passed 3–2.

The city attorney summarized the motion on the council action sheet as adding to the resolution a statement that construction of the commercial development agreement is "subject to tax incremental District Number 10 creation and existence for funding under the law," and to authorize execution by the mayor, director of finance, treasurer and city clerk once the draft reflects those changes.

During public comment earlier in the meeting, a resident who declined to give their name asked whether agreements that rely on a not-yet-created TID could bind the city, and whether blight findings and statutory authority for pre-TID commitments were publicly documented. That comment included a series of questions about enforceability "If the TID is never created ... are they legally meaningless contracts that cannot bind the city?" The council did not adopt any immediate contract execution in open session; the council’s action instead authorizes staff to prepare agreement language that expressly links execution to TID creation and to accept the limited changes described in closed session.

Council members were split on the vote. Two aldermen voted no during roll call and three voted in favor; one member was absent. The motion carried with the majority directing staff to prepare documents consistent with the version discussed in closed session.

Next steps: city staff will prepare the revised resolution and draft agreements reflecting the "subject to" clause; any final execution will be contingent on TID 10 creation and further council action as required by statute.