Milwaukee Journal Sentinel

Another Couture delay looms — due to City Hall conflict

Contract calls to replace unspent federal money

- Tom Daykin

Another delay might be looming for the Couture high-rise constructi­on start — this time because of a conflict at City Hall.

The issue centers on a contract between Couture developer Barrett Lo Visionary Developmen­t LLC and the City of Milwaukee which the Common Council

approved on March 2.

It was updated to require Barrett Lo owners Richard Barrett and Tan Lo to personally guarantee a $1.4 million payment to the city if the Couture’s groundleve­l transit hub isn’t finished by June 2022.

Mayor Tom Barrett’s administra­tion said that provision was needed because a federal grant used to help finance The Hop streetcar’s lakefront loop requires all the money be spent by July 31, 2022.

Around $1.4 million for The Couture’s transit concourse, which would complete the lakefront loop, remains unspent because of the apartment tower’s constructi­on start delays.

The updated contract, known as a developmen­t agreement, also included a requiremen­t that Barrett Lo provide $100,000 to the MKE United AntiDispla­cement Fund. The private fund helps low-income homeowners who face big property tax increases.

The council voted to include that under an amendment proposed by Ald. Robert Bauman.

That provision has led City Attorney Tearman Spencer to refuse to sign the contract.

In Spencer’s opinion, the contract is problemati­c because individual council members do not have the authority under city ordinance to negotiate developmen­t agreements.

Spencer’s opinion doesn’t carry the force of law.

But his refusal to sign the developmen­t agreement could bring another delay to the long-stalled Couture, a 44story, 322-unit developmen­t planned for 909 E. Michigan St.

In an opinion issued to the Common Council, Spencer said the developmen­t agreement is void without his authorizat­ion.

Bauman, who’s also an attorney, said Spencer actually is required to sign the developmen­t agreement.

Also, Bauman said, Spencer is mistaken that city ordinance requires his approval on the developmen­t agreement.

The ordinance Spencer cites in his opinion only applies to the purchase and sale of real estate, Bauman said.

Spencer said the council could vote again on the developmen­t agreement without the provision that triggered his objection.

Or, the council could vote to authorize Bauman’s actions which led to that provision, Spencer said.

Bauman said Tuesday another vote isn’t planned when the council next meets on March 23.

“We voted. We approved the developmen­t agreement,” Bauman said. “The city attorney did not appear at committee to object or otherwise object prior to our final approval.”

The provision requiring Barrett Lo to make the donation was opposed by Mayor Barrett.

He said there should instead be a transparen­t and consistent policy involving payments by developers to the anti-displaceme­nt fund.

As a result, Barrett refused to sign the council resolution which approved the developmen­t agreement, But the legislatio­n doesn’t need the mayor’s signature to become law.

Neither the mayor’s office, nor Barrett Lo, had any immediate comment Tuesday on the possible project delay.

The U.S. Department of Housing and Urban Developmen­t in November agreed to insure a $103.5 million loan to build the Couture.

That loan from JLL Real Estate Capital, combined with equity financing raised from outside investors, means the $188 million project can proceed with the city developmen­t agreement approved, and the financing package officially completed.

With constructi­on to start this spring, The Couture is to begin opening apartments by around May 2023, with completion by August 2023.

The Couture’s 2.2-acre project site was sold in 2016 to the developers by Milwaukee County for $500,000. That below-market price was used to help ensure the project’s feasibilit­y.

Also, the council and Mayor Barrett have approved two separate measures for city financing tied to the Couture.

The largest portion is $17.5 million to pay for the Couture’s public improvemen­ts — including the transit concourse. Also, $2 million will pay for a new sewer line at the project site.

Those funds will be repaid through the Couture’s property taxes.

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