COMMON COUNCIL Packet - 11/27/2018CITY OF MUSKEGO
COMMON COUNCIL AGENDA
11/27/2018
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Announcements
PUBLIC COMMENT
PUBLIC HEARING
To consider petition of The Commonwealth Companies to rezone property known as Tax
Key No. 2193.104/S75 W17476 Janesville Road from I-1 - Government, Institutional &
Public Service District to a PD - Planned Development District to allow 22 senior
housing units and 18 townhouse style units. The 2020 Comprehensive Plan also needs to
be amended from Government, Institutional, Transportation & Utility use to High
Density Residential use.
CONSENT AGENDA
Approval of Common Council Minutes - October 23, 2018 and November 13, 2018
Approval of Operator Licenses
Resolution #098-2018 - Approval of Lease Agreements between the City of Muskego
and Tess Corners Volunteer Fire Department
Resolution #099-2018 - Close the Dark Store Loopholes Stop the Shift
NEW BUSINESS
UNFINISHED BUSINESS
Ordinance #1423 - An Ordinance to Amend Chapter 263-22 of the City of Muskego
Municipal Code (Disposal of Abandoned or Unclaimed Personal Property). Second
Reading.
Ordinance #1424 - An Ordinance to Amend Chapter 263-23 of the City of Muskego
Municipal Code (Use of Cigarettes, Nicotine, Tobacco and Vapor Products Restricted). Packet Page 1
Common Council Agenda 2
11/27/2018 6:00:00 PM
Second Reading.
REVIEW OF COMMITTEE REPORTS
Finance Committee - October 23, 2018
FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES
WAIVED
Ordinance #1425 - An Ordinance to Amend the Zoning Map/Code and 2020
Comprehensive Plan of the City of Muskego (I-1 to PD - Former Muskego Elementary
School)
LICENSE APPROVAL
Approval of "Class B" Retailer's License for the Sale of Fermented Malt Beverages and
Intoxicating Liquor for Board Together LLC, W189 S7773 Racine Avenue
VOUCHER APPROVAL
Voucher Report
Utility Vouchers
General Fund Vouchers
Wire Transfers for Payroll/Invoice Transmittals
CITY OFFICIALS' REPORTS
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Updates from Aldermanic Liaisons:
Muskego Senior Taxi - Alderman Borgman
Muskego Festival Committee - Alderman Wolfe
Muskego Historical Society - Alderman Madden
Little Muskego Lake District - Alderman Engelhardt
Advanced Disposal Services Emerald Park Landfill Standing Committee -
Alderman Madden
FUTURE AGENDA ITEMS
ADJOURNMENT
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Common Council Agenda 3
11/27/2018 6:00:00 PM
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF
THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION
WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL
BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100.
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CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEAS E T AK E NOT ICE tha t the Co m m o n Co un cil o f the City o f M uskego will ho ld a Pub lic Hea rin g a t 6:00 PM , o r sho rtly therea fter, o n T uesda y, No vem b er 27, 2018, a t M uskego City Ha ll, W 182 S 8200 Ra cin e Aven ue, to co n sider the fo llo win g: Upo n the petitio n o f T he Co m m o n wea lth Co m pa n ies sha ll the fo llo win g a rea describ ed a s: T a x K ey No . 2193.104 / S 75 W 17476 Ja n esville Ro a d (Fo rm er M uskego Elem en ta ry S cho o l) Be gra n ted a rezo n in g fro m I-1 – Go vern m en t, In stitutio n a l & Pub lic S ervice District to a PD – Pla n n ed Develo pm en t District fo r the purpo se o f a llo win g the co n versio n o f the existin g scho o l in to twen ty-two (22) sen io r ho usin g un its a n d the a dditio n o f eighteen (18) to wn ho use style un its (n o n -a ge restricted) within two m ulti-fa m ily b uildin gs o n the pro perty. T he 2020 Co m prehen sive Pla n a lso n eeds to b e a m en ded fro m Go vern m en t, In stitutio n a l, T ra n spo rta tio n & Utility use to High Den sity Residen tia l use. T he petitio n er’s a pplica tio n is a va ila b le fo r pub lic in spectio n a t the City o f M uskego Pla n n in g Divisio n o ffice. All in terested pa rties will b e given a n o ppo rtun ity to b e hea rd. Pla n Co m m issio n City o f M uskego Pub lish in the M uskego NOW Newspa per o n Octo b er 24, 2018 a n d Octo b er 31, 2018. Da ted this 16
th da y o f Octo b er, 2018. NOT ICE IT IS POS S IBLE T HAT M EM BERS OF AND POS S IBLY A QUORUM OF M EM BERS OF OT HER GOVERNM ENT AL BODIES OF T HE M UNICIPALIT Y M AY BE IN AT T ENDANCE AT T HE ABOVE-S T AT ED M EET ING AND GAT HER INFORM AT ION; NO ACT ION W ILL BE T AK EN BY ANY GOVERNM ENT AL BODY AT T HE ABOVE-S T AT ED M EET ING OT HER T HAN T HE GOVERNM ENT AL BODY S PECIFICALLY REFERRED T O ABOVE IN T HIS NOT ICE. NOT ICE "Plea se n o te tha t, upo n rea so n a b le n o tice, effo rts will b e m a de to a cco m m o da te the n eeds o f disa b led in dividua ls thro ugh a ppro pria te a ids a n d services. Fo r a dditio n a l in fo rm a tio n o r to request this service, co n ta ct the Pla n n in g Divisio n a t City Ha ll, W 182 S 8200 Ra cin e Aven ue, (262) 679-4136."
Page 1 of 6
To consider petition of The Commonwealth Companies...
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CITY OF MUSKEGO
Staff Report to Council
November 27, 2018 Meeting
To: Common Council
From: Adam Trzebiatowski, AICP
Subject: The Commonwealth Companies Rezoning – I-1 to PD (Planned Development District)
Date: November 16, 2018
Background Information:
This request is for a rezoning to facilitate the conversion of the existing Muskego Elementary School
building into twenty-two (22) senior housing units and the addition of eighteen (18) townhouse style units
(non-age restricted) within two multi-family buildings on the rear portion of the property.
The Muskego Elementary property (S75 W17476 Janesville Road / Tax Key No. 2193.104) is located along
Janesville Road, Park Drive and Michi Drive. The proposed rezoning is to go from I-1 - Government,
Institutional & Public Service District to PD - Planned Development District based on the RM-1 - Multiple
Family Residence District.
The current 2020 Comprehensive Plan identifies this area as Government, Institution, Transportation &
Utilities uses. The 2020 plan needs to be amended to accommodate the proposed multi-family uses. The
proposed amendment is to change the land use designations to High Density Residential uses (3 units/acre or
greater). The multi-family units would be governed by the RM-1 unit requirement of 5,000 SF of land per
unit.
As is noted above, the existing school building will remain and be converted into twenty-two senior housing
units. Out of those twenty-two units, there will be ten one-bedroom units and twelve two-bedroom units.
The developer has noted the following related to the re-use of the school building…“By preserving the
history of the school the project will ensure the important history of the school will stay with the community
for another hundred years, while preserving the irreplaceable classrooms that many of the City’s residents
learned to read and write in.” It is also noted that the conversion of the school will preserve the historic
integrity of the school, while incorporating the unique features of the school such as the existing
chalkboards. Their architects have incorporated the existing lockers, terrazzo floors, wood floors, and other
architectural details to ensure the design will meet the State Historic Preservation Office’s requirements for
State Historic Tax Credits.
The rear area of the property is proposed to contain two two-story townhouse style buildings with a total of
eighteen units. There would be an eight unit building and a ten unit building, all with three bedrooms in each
unit. Examples of possible designs for these two townhouse buildings are included in the applicant’s
submittal. These buildings would include some attached garages and possible detached garages.
Relating to the overall density of the project, there a total of forty units proposed on approximately 5.53
acres (240,755 square feet). That equates to a density of 7.23 units per acres. That falls within the allowance
of the high density land use category that is requested. Based on the total lot size and the RM-1 base zoning,
forty-eight units could be allowed on site, but only forty are proposed.
Also, as part of the PD zoning request the applicant is requesting only one alteration to a base RM-1 zoning
regulations. That one alteration is that they are seek approvals to be allowed the twenty-two units in the
existing school building, when the RM-1 district normally allows up to 16 units in one building.
Note - If the rezoning is allowed it still would be dependent on Plan Commission approval of the Building,
Site and Operation plan.
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To consider petition of The Commonwealth Companies...
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Mailing Address: PO Box 1658 · Fond du Lac, WI 54936
Telephone: (920) 922-8170
www.commonwealthco.net
October 15, 2018
Mr. Adam Trzebiatowski
Planning Manager
W182 S8200 Racine Avenue
Muskego, Wisconsin 53150
Dear Mr. Trzebiatowski,
The Commonwealth Companies is excited to submit the attached rezoning request for the former Muskego
Elementary School. Commonwealth’s proposal is to redevelop the former Elementary School into 22 senior
housing units, while incorporating many of the significant historic features that have been preserved
throughout the building. By preserving the history of the school the project will ensure the important history
of the school will stay with the community for another hundred years, while preserving the irreplaceable
classrooms that many of the City’s residents learned to read and write in. The senior housing within the
historic school will consist of 10 one-bedrooms, and 12 two-bedrooms.
Each of the units have been designed to preserve the historic integrity of the school, while incorporating the
unique features of the school such as the existing chalkboards. Our architects have incorporated the existing
lockers, terrazzo floors, wood floors, and other architectural details to ensure the design will meet the State
Historic Preservation Office’s requirements for State Historic Tax Credits. On the balance of the 5.527 acre
parcel our plans call for two 2-story townhouse style buildings totaling eighteen units with individual entries
and attached garages to provide a natural transition to the surrounding properties. In order to incorporate the
school into our plans we are requesting a Planned Development with a base of RM-1 to allow for greater than
16 units within the existing building. In total our project will deliver a proposed density of 7.237 Units Per Acre,
and based on RM-1 zoning classication we are proposing 8 less units than the code would allow.
We are excited for the opportunity for the historic school to continue to play an important role in Muskego for
years to come by providing high quality housing with a mix of historic and new. In total, the project will have a
community space, an exercise room, a computer center, resident storage, and an on-site property
management office to ensure our residents will have access at their finger tips to the many resources that they
need to thrive. We’ve attached our site plan with a few example photos of previous townhouse style projects
that will be similar in design to this project.
We are excited for the opportunity to preserve such an important piece of Muskego’s impressive history and
look forward to working closely with the City to bring our proposal from concept to reality.
Sincerely,
Kevin C. McDonell
Vice President of Development
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Unapproved
CITY OF MUSKEGO
COMMON COUNCIL MINUTES
October 23, 2018
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:14 p.m.
ROLL CALL
Present: Alderpersons Wolfe, Hammel, Borgman, Kapusta, Engelhardt, Kubacki and Madden.
Also present: City Attorney Warchol, Public Works and Development Director Kroeger,
Planning Manager Trzebiatowski, Library Director Larson, Finance and Administration Director
Mueller, Finance and Administration Assistant Director Mustapich and Deputy Clerk Blenski.
STATEMENT OF PUBLIC NOTICE
The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law.
COMMUNICATIONS FROM THE MAYOR’S OFFICE – None
PUBLIC COMMENT – None
PUBLIC HEARING
The Deputy Clerk read the public hearing notice to consider the petition of the City of Muskego
to grant a rezoning from PI-1 – Park & Recreation Lands to B-3 – General Business District for
the PI-1 portion of Tax Key Number 2196.976 on Pioneer Drive. The rezoning would allow
future commercial uses in/on the former Parks Garage building/site. The 2020 Comprehensive
Plan also needs to be amended from Institutional to Commercial uses.
Planning Manager Trzebiatowski stated that the City is preparing to list the former Parks Garage
property for sale. As part of putting the property on the market, the City wanted to rezone it so a
potential user will know what is allowed.
Bill Bowersox, W178 S7776 Kittery Court, stated his concerns about what would be allowed if
the property were rezoned.
The Mayor declared the hearing closed.
CONSENT AGENDA
Alderperson Kubacki moved to approve. Alderperson Madden seconded. Motion carried
7 in favor. The following were approved:
Common Council Minutes – October 9, 2018
Operator Licenses for Karli Hudec, Rachel Karrels, Heather Krueger and Diane
Wakeland
Resolution #088-2018 – Approval of Letter of Credit Release for Pellmann Farms LLC
(aka Kaerek Homes Green Court Development)
Page 1 of 6
Approval of Common Council Minutes - October 23,...
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Common Council Minutes 2
October 23, 2018
Resolution #089-2018 – Re-Approval of Certified Survey Map and Condo Plat – Hartford
Land Development
Resolution #090-2018 – Designating Public Officials to Issue Nontraffic Citations in
Accordance with Section 18-3 of the Municipal Code of the City of Muskego
NEW BUSINESS
Resolution #091-2018 – Approval of 2019 General Fund Operating Budget and Tax Levy.
Alderperson Wolfe moved to approve. Alderperson Madden seconded. Alderperson
Kubacki moved to amend to reduce the contribution to the Muskego Senior Taxi Service
from $15,000 to $5,000 and to put $10,000 back in the Road Program. Alderperson
Madden seconded. Alderperson Kubacki stated the City supports the taxi service. However,
he would like to review its financial records before committing any additional City funds.
Alderpersons Madden and Hammel agreed. Several Alderpersons objected to the additional
funding being taken from the 2019 Road Program. The Muskego Senior Taxi Service Director,
Karin Nickel, was asked to provide any financial information. She stated that the service has
been working had to become self-sufficient. It relies on grants and fundraising efforts; these
dollars are not guaranteed. The Taxi Service needs base funding. Alderperson Madden stated
there may be other funding options that have not been explored. She is not comfortable with
donating taxpayer dollars.
Director Mueller stated that she could certainly review the 2019 budget after the first quarter at
the same time the financial records of the Senior Taxi Service are examined. Alderperson
Engelhardt stated the Senior Taxi Service has come a long way. Motion to amend failed with
Alderpersons Hammel, Kubacki and Madden voting yes and Alderpersons Wolfe,
Borgman, Kapusta and Engelhardt voting no.
Motion to approve the 2019 General Fund Operating Budget and Tax Levy carried with 6
in favor and Alderperson Hammel voting no.
Resolution #092-2018 – Approval of 2019 Capital Budget. Alderperson Madden moved to
approve. Alderperson Kubacki seconded. Motion carried 7 in favor.
Resolution #093-2018 – Approval of 2019 Sewer Utility Budget and Rates. Alderperson
Madden moved to approve. Alderperson Kubacki seconded. Motion carried 7 in favor.
Resolution #094-2018 – Approval of 2019 Water Utility Budget and Rates. Alderperson
Engelhardt moved to approve. Alderperson Madden seconded. Motion carried 7 in
favor.
REVIEW OF COMMITTEE REPORTS
Finance Committee – September 25, 2018
Public Works and Safety Committee – September 17, 2018
FIRST READING OF ORDINANCES
Ordinance #1422 – An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of
the City of Muskego (PI-1 to B-3 for a Portion of Tax Key Number 2196.976).
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Approval of Common Council Minutes - October 23,...
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Common Council Minutes 3
October 23, 2018
VOUCHER APPROVAL
Utility Vouchers
Alderperson Wolfe made a motion to approve Utility Vouchers in the amount of
$429,351.51. Alderperson Madden seconded. Motion carried 7 in favor.
General Fund Vouchers
Alderperson Wolfe made a motion to approve General Fund Vouchers in the amount
of $1,781,724.12. Alderperson Kubacki seconded. Motion carried 7 in favor.
Wire Transfers for Debt Service
Alderperson Wolfe made a motion to approve Wire Transfers for Payroll/Invoice
Transmittals in the amount of $52,075.70. Alderperson Hammel seconded. Motion
carried 7 in favor.
Wire Transfers for Payroll/Invoice Transmittals
Alderperson Wolfe made a motion to approve Wire Transfers for Payroll/Invoice
Transmittals in the amount of $335,502.77. Alderperson Engelhardt seconded.
Motion carried 7 in favor.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Alderpersons Borgman and Wolfe made brief statements.
FUTURE AGENDA ITEMS
Alderperson Kubacki requested that the extension of Bellview Drive be discussed at a future
meeting. Mayor Chiaverotti stated it will be on the November 13, 2018 Council agenda.
Alderperson Kubacki also requested that the financial records of the Muskego Senior Taxi
Service be reviewed at a future meeting.
ADJOURNMENT
Alderperson Wolfe made a motion to adjourn at 7:08 p.m. Alderperson Borgman
seconded; motion carried.
Minutes taken and transcribed by Jill Blenski, Deputy Clerk.
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Approval of Common Council Minutes - October 23,...
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Unapproved
CITY OF MUSKEGO
COMMON COUNCIL MINUTES
November 13, 2018
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:01 p.m.
ROLL CALL
Present: Alderpersons Wolfe, Hammel, Borgman, Kapusta, Engelhardt, Kubacki and Madden.
Also present: City Attorney Warchol, Public Works and Development Director Kroeger,
Planning Manager Trzebiatowski and Deputy Clerk Blenski.
STATEMENT OF PUBLIC NOTICE
The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law.
COMMUNICATIONS FROM THE MAYOR’S OFFICE – None
PUBLIC COMMENT
The following individuals spoke regarding the connection of Bellview Drive to Bay Lane Drive:
Pat Niemann Jean Satorius
John Boehler Jaymie Ganas
Bob Dutscheck Don Smith
Mike Decker Mary Lewandowski
Greg Maczka
The following individuals registered but did not wish to speak:
Sandra Berger Doug Lewandowski
Diane Dominski Barb Maczka
Michael DuPlanty Greg Niemann
Melody Erblich Monica Peavy
William Erblich Jerome Satorius
David Grinder Kurt Satorius
Gene Hass Carole Schacht
Matt Hintz David Schacht
Matthew Krabbenhoft Amy Schneider
(All were not in favor of connecting Bellview Drive to Bay Lane Drive.)
CONSENT AGENDA
Alderperson Borgman moved to approve. Alderperson Hammel seconded. Motion
carried 7 in favor. The following were approved:
Common Council Minutes – October 22, 2018
Operator Licenses for Ryan Lovald and Dakota Martinez
Resolution #095-2018 – Approval of Amendment to Deposit and Forfeiture SchedulePage 4 of 6
Approval of Common Council Minutes - October 23,...
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Common Council Minutes 2
November 13, 2018
Resolution #096-2018 – Final Release of Letter of Credit for Belle Chasse Subdivision
Additions #2 and #3
NEW BUSINESS
Resolution #097-2018 – Resolution Directing Staff to Initiate the Procedure to Vacate the Right-
of-Way Between Bellview Drive and Bay Lane Drive. Alderperson Hammel moved to
approve. Alderperson Borgman seconded. Discussion took place. Several pros and cons
were stated. Mayor Chiaverotti noted that if the right-of-way is vacated, the decision is
permanent. She encouraged the Council to think about the future, which is unknown at this
time. Attorney Warchol stated the vacation can be done; there is a legal process that needs to
be followed. However, it appears the roads have been this way for a long time. The Council
may want to consider leaving Bellview Drive as is and not to proceed with the vacation.
Alderperson Kapusta stated the people in the area are fine with the way the roads are. The
Council should not dismiss that when making a decision. Alderperson Kubacki moved to
amend to not connect Bellview Drive to Bay Lane Drive and not vacate the right-of-way.
Alderperson Madden seconded. Motion carried 7 in favor. Resolution #097-2018, as
amended, adopted 7 in favor.
UNFINISHED BUSINESS
Ordinance #1422 – An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of
the City of Muskego (PI-1 to B-3 for a Portion of Tax Key Number 2196.976). Second Reading.
Alderperson Madden moved to approve. Alderperson Engelhardt seconded. Motion
carried 7 in favor.
REVIEW OF COMMITTEE REPORTS
Finance Committee – October 9, 2018
Plan Commission – October 2, 2018
Parks and Conservation Committee – October 2, 2018
FIRST READING OF ORDINANCES
Ordinance #1423 - An Ordinance to Amend Chapter 263-22 of the City of Muskego Municipal
Code (Disposal of Abandoned or Unclaimed Personal Property).
Ordinance #1424 - An Ordinance to Amend Chapter 263-23 of the City of Muskego Municipal
Code (Use of Cigarettes, Nicotine, Tobacco and Vapor Products Restricted).
VOUCHER APPROVAL
Utility Vouchers
Alderperson Wolfe made a motion to approve Utility Vouchers in the amount of
$52,053.09. Alderperson Hammel seconded. Motion carried 7 in favor.
General Fund Vouchers
Alderperson Wolfe made a motion to approve General Fund Vouchers in the amount
of $1,160,724.39. Alderperson Madden seconded. Motion carried 7 in favor.
Wire Transfers for Payroll/Invoice Transmittals
Alderperson Wolfe made a motion to approve Wire Transfers for Payroll/Invoice
Transmittals in the amount of $333,343.28. Alderperson Kubacki seconded. Motion
carried 7 in favor.Page 5 of 6
Approval of Common Council Minutes - October 23,...
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Common Council Minutes 3
November 13, 2018
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
None
CLOSED SESSIONS
Alderperson Madden moved to convene into Closed Session pursuant to:
Following conclusion of consideration of the above portion of its regularly scheduled agenda,
the Common Council will meet to vote on a motion to convene in Closed Session for
discussion/action relative to: Boxhorn Pole Barn Facility Lease and Eviction Update
and to take such further action as may be necessary and appropriate with respect to such
matters.
A Closed Session for the above purpose is authorized pursuant to the provisions of 19.85(1)(g)
Wis. Stats., Conferring with legal counsel for the governmental body who is rendering oral or
written advice concerning strategy to be adopted by the body with respect to litigation in which it
is or is likely to become involved.
Upon conclusion of the Closed Session, the Common Council will convene in Open Session to
consider its public agenda, including motions to recommend approval or rejection of the above-
listed deliberations or any of the public agenda items that have not been acted upon.
Alderperson Wolfe seconded. Motion carried 7 in favor.
Alderperson Engelhardt moved to convene into Closed Session pursuant to:
Following conclusion of consideration of the above portion of its regularly scheduled agenda,
the Common Council will meet to vote on a motion to convene in Closed Session for
discussion/action relative to: Walmart vs. City of Muskego Proposed Settlement Regarding
2017 and 2018 Tax Assessments and to take such further action as may be necessary and
appropriate with respect to such matters.
A Closed Session for the above purpose is authorized pursuant to the provisions of 19.85(1)(g)
Wis. Stats., Conferring with legal counsel for the governmental body who is rendering oral or
written advice concerning strategy to be adopted by the body with respect to litigation in which it
is or is likely to become involved.
Upon conclusion of the Closed Session, the Common Council will convene in Open Session to
consider its public agenda, including motions to recommend approval or rejection of the above-
listed deliberations or any of the public agenda items that have not been acted upon.
Alderperson Hammel seconded. Motion carried 7 in favor. Attorney Susan Allen and
Assessor Mark Link were present for this Closed Session.
OPEN SESSION
Alderperson Kubacki moved to convene into Open Session. Alderperson Madden
seconded; motion carried.
ADJOURNMENT
Alderperson Kubacki made a motion to adjourn at 7:35 p.m. Alderperson Madden
seconded; motion carried.
Minutes taken and transcribed by Jill Blenski, Deputy Clerk.
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OPERATOR LICENSE APPROVALS
COMMON COUNCIL – 11/27/2018
Amanda Joski
Ryan Kaufman
T:\Departments\FinanceAdmin\Clerk\Licenses\Oper Lic Approval Lists\2018
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Approval of Operator Licenses
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #098-2018
APPROVAL OF LEASE AGREEMENTS BETWEEN
THE CITY OF MUSKEGO AND
TESS CORNERS VOLUNTEER FIRE DEPARTMENT
WHEREAS, The City has Lease Agreements with Tess Corners Volunteer Fire
Department for the Municipal Fire Stations and Emergency Services Facilities located at
S76 W17858 Janesville Road and W195 S10030 Racine Avenue; and
WHEREAS, The existing Lease Agreements for the two properties will terminate on
December 31, 2018; and
WHEREAS, Both parties are interested in entering into new Lease Agreements; and
WHEREAS, The Finance Committee has reviewed the attached Lease Agreements and
recommended approval to the Common Council.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the attached Lease Agreements between the City of Muskego and Tess Corners
Volunteer Fire Department for properties located at S76 W17858 Janesville Road and
W195 S10030 Racine Avenue.
BE IT FURTHER RESOLVED That the Mayor and Director of Finance and
Administration are hereby authorized to sign the Agreement and the City Attorney is
authorized to make substantive changes to it as may be necessary in order to preserve
the general intent thereof.
DATED THIS 27TH DAY OF NOVEMBER , 2018.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #098-2018 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
11/18jmb
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LEASE AGREEMENT
THIS LEASE AGREEMENT ("Agreement"), made and entered into as of the _____ day of December,
2018, by and between the City of Muskego, a municipal corporation (hereinafter referred to as
"Landlord"), and the Tess Corners Volunteer Fire Department, a.k.a. the Tess Corners Volunteer Fire
Company (hereinafter referred to as "Tenant").
WHEREAS, the Landlord owns the real estate described in Exhibit A attached hereto and
incorporated herein (hereinafter referred to as "Land"); and
WHEREAS, the Land consists of property containing in part a fire station building.
NOW, THEREFORE, in consideration of the mutual terms and conditions herein contained and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Landlord and Tenant agree as follows:
1.GENERAL LEASE PROVISIONS.
Commencement Date:12:00:01 a.m. January 1, 2019
Termination Date:11:59:59 p.m. December 31, 2028
Landlord & Address:City of Muskego
W182 S8200 Racine Avenue
Muskego, Wisconsin 53150
Tenant & Address:Tess Corners Volunteer Fire Department
W144 S6731 Tess Corners Drive
Muskego, Wisconsin 53150
Use:Municipal Fire Station and Emergency Services Facility ("Use")
Premises:All of the Land together with the buildings located thereon as more
particularly described in Exhibit A attached hereto and
incorporated herein.
Base Rent:Lease Years: 1-10 Annual Base Rent: $1.00
Exhibits:Exhibit A - Legal Description of Property
2.PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the
Premises described in Section 1 for the term and upon the conditions set forth in this Lease.
Tenant agrees to lease the Premises in an "as is" condition, without any representations or
warranties of any kind from Landlord as to the condition of the property.
3.TERM. The Lease Term shall commence at 12:00:01 a.m. on the Commencement Date and
expire at 11:59:59 p.m. on the Termination Date, unless sooner terminated.
4.ADDITIONAL TERM. If Tenant desires to continue to lease the Premises beyond the
Termination Date, Tenant shall provide a written intent to continue to lease the Premises for
receipt by Landlord prior to 120 days before the Termination Date ("Notice"), and Landlord
and Tenant shall thereafter negotiate in good faith the terms for a new lease. If Landlord does
not receive the Notice prior to 120 days before the Termination Date or if the parties cannot
agree on the terms of a new lease, and Tenant fails to vacate the Premises before the
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Termination Date, the "Holding Over" provisions shall continue to apply. This provision is not
an option to renew or an option to extend this Lease and Landlord is under no obligation to
continue to lease the Premises to Tenant.
5.RENT.
(a)Base Rent. Tenant covenants and agrees to pay to Landlord on each anniversary
date of the Commencement Date and at Landlord's address, or at such other place
designated by Landlord, without prior demand and without deduction or set-off, rent
for the Premises consisting of the Annual Base Rent set forth in Section 1.
(b)Additional Rent. Tenant shall pay as additional rent (hereinafter "Additional Rent") , all
sums of money or charges provided for in Section 5(c) and any other sums of money
or charges required to be paid by Tenant under this Lease.
(c)Taxes. The Premises is exempt from general real estate and personal property taxes.
However, if any part of the Premises becomes non-exempt from general real estate or
personal property taxes, Tenant shall pay and be responsi ble for all real estate taxes
assessed or levied against the Premises including, without limitation, all special
assessments, special charges, or other municipal or governmental fees or costs
("Taxes"). Tenant shall also pay and be responsible for any and all personal property
taxes on Tenant's personal property and fixtures. Landlord will reasonably estimate
the amount of the Taxes and require Tenant to make equal monthly installments, in
advance, to' Landlord in the amount of 1/12 of the total annual Taxes estimate
together with the Rent. If the taxes exceed Landlord's annual estimate, Tenant
agrees to pay the difference immediately to Landlord, and if the annual Taxes
estimate is lower than Landlord's annual estimate, the difference shall be credited
against Tenant's monthly Taxes installment for the next Lease year.
(d)"Rent" Defined. For the purposes of this Lease, the term "Rent" shall include all
Annual Base Rent and all Additional Rent due from Tenant to Landlord pursuant to
this Lease.
6.HOLDING OVER. Tenant shall pay Landlord double the Rent (the "Double Rent") then
applicable for each month or partial month during which Tenant retains possession of the
Premises, or any part of the Premises, after the expiration or termination of this Lease, or the
termination of Tenant's right of possession of the Premises (the "Holdover Period"). Tenant
shall also indemnify and hold Landlord harmless against all liabilities and damages sustained
by Landlord by reason of such retention of possession including Landlord's reasonable
attorneys' fees. The provisions of this Section 6 shall not constitute a waiver by Landlord of
any re-entry rights of Landlord available under this Lease or by applicable law. If Tenant
retains possession of the Premises, or any part of the Premises, for thirty (30) days after the
expiration or termination of this Lease, then, at the sole option of Landlord expressed by
written notice to Tenant, but not otherwise, such holding over shall constitute a renewal of
this Lease for a period of one (1) year on the same terms and conditions and at double the
Rent then applicable.
7.USE LIMITATIONS. The Premises shall be used exclusively for those purposes set forth in
Section 1 herein and for no other purpose. Tenant shall not do or permit anything to be done
in or about the Premises or on the Property which in any way will obstruct or interfere with the
rights of any other tenants or users of the Property, or injure or annoy them or use or allow the
Premises to be used for any improper, immoral, unlawful or objectionable purpose, or injure or
tend to injure the reputation of the Property or otherwise violate any recorded covenant or use
restriction affecting the Property. Tenant shall not cause or maintain or permit any nuisance
or commit or suffer the commission of any waste within, on or about the Premises, or on or
about the Property.
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8.UTILITIES. Tenant shall be responsible for arranging utility services for the Premises. Tenant
shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler charges and other
utilities and services used on or at the Premises, together with any taxes, penalties,
surcharges or the like pertaining to the Tenant's use of the Premises, and all maintenance
charges for such utilities. No discontinuance of any utility service shall relieve Tenant from
performing any of its obligations under this Lease, and Landlord shall not be liable for any
interruption or failure of utility service on the Premises. In the event that Tenant's
disproportionate use of any form of energy should subject the Premises, the building, or
Landlord to any cost, fee or tax, Tenant shall pay to reimburse Landlord for same.
9.NET LEASE. Tenant's Rent to Landlord shall be absolutely net during the term of this Lease
and Landlord shall receive all Rent and other payments .due under this Lease free from any
charges, assessments, expenses or deductions whatsoever. Landlord shall not be called
upon to make any expenditure for the maintenance, repair or preservation of the Premises and
all costs, expenses and obligations of every kind relating to the Premises (except as
otherwise expressly stated in this Agreement) which may arise or come due during the Lease
Term shall be paid by Tenant, and Landlord shall be indemnified by Tenant against such
costs, expenses and obligations. In no event shall there be any deduction of any nature
whatsoever from the Rent due Landlord, and no defense, setoff or counterclaim shall be
made against Rent in any proceeding for the collection of Rent, or otherwise for the
enforcement of this Lease.
10.MAINTENANCE OF PREMISES.
(a)Tenant Repairs. Tenant shall at all times at Tenant's expense during the Lease Term,
pay for and make all necessary repairs and replacements to the Premises including,
but not limited to, the overhead doors, other doors, door checks, windows, window
frames, roof interior and exterior (both structural and non-structural), security service
systems (including payment of all security service fees), dock enclosures, dock
levelers, fixtures, heating and air conditioning, water heaters, fixtures, electrical and
sewage (to septic systems and main sewer lines, as applicable) facilities of the
Premises, and keep and maintain the same in good condition and repair so that at the
expiration of the Lease the Premises shall be surrendered to Landlord in the same
condition that the same are in at the Commencement Date, ordinary wear and tear
excepted. Tenant shall keep and maintain the Premises in a clean, sanitary and safe
condition, and in compliance with all statutes, laws, ordinances, rules and regulations
of any governmental agency having jurisdiction over the Premises including, but not
limited to, the Americans' With Disabilities Act and the Wisconsin Barrier-Free Design
Act, at the sole cost and expense of Tenant. Tenant, at Tenant's expense, shall be
responsible for prompt and proper lawn and general landscaping maintenance,
asphalt repair and maintenance, snow and ice removal, weed control, grass cutting
and refuse collection for the entire Premises. If Tenant refuses or neglects to
commence and to complete repairs promptly and adequately, Landlord may, but shall
not be required to do so, make and complete said repairs and Tenant shall pay the
cost thereof to Landlord as Additional Rent upon demand. Tenant shall keep the
Premises free from any and all liens arising out of any work performed, materials
furnished or obligations incurred by or for Tenant, and agrees to bond against or
discharge any contractor's, mechanic's, or material men's liens within ten (10) days
after written request therefore by Landlord. Tenant shall reimburse Landlord for any
and all costs and expenses which may be incurred by Landlord by reason of the filing
of any such liens and the removal of same (including reasonable attorneys' fees) as
Additional Rent, such reimbursement to be made to Landlord upon demand. Tenant,
at its own expense, shall install and maintain fire protection devices as may be
required from time to time by any agency having jurisdiction thereof and the insurance
underwriters insuring the Property in which the Premises is located. Tenant shall, at its
sole expense as provided under Section 9, furnish adequate heating to provide a
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temperature required in Landlord's judgment so as to not damage the Premises or
any of the effects, fixtures or property located thereon.
11.COVENANTS OF TENANT. Tenant agrees that it shall, at its sole expense:
(a)Access. Give Landlord, its agents, employees, mortgagees and any other person or
persons authorized by Landlord, access to the Premises at all reasonable times
without charge or diminution of Rent, to enable them to examine the Premises and to
make such repairs, additions and alterations as Landlord may deem advisable, or to
enter, view, show and inspect the Premises, provided it is done, if possible, in a
manner so as not to unduly interfere with the conduct of Tenant's business, and with
an escort provided by Tenant. Tenant hereby waives any claim for damages for any
injury or inconvenience to or interference with Tenant's business, any loss of
occupancy or quiet enjoyment of the Premises, and any other loss occasioned
thereby. For each of the aforesaid purposes, Landlord shall at all times have and
retain a key with which to unlock all of the doors in, upon or about the Premises, and
Landlord shall have the right to use any and all means which Landlord may deem
necessary or proper to open such doors in an emergency in order to obtain entry. If
Tenant changes the locks or security service or security codes to any doors or
windows in the Premises, Tenant shall immediately provide Landlord with a key for
each such new lock and the security service code(s). Any entry to the Premises shall
not under any circumstances be construed or deemed to be a forcible or unlawful entry
into, or a detainer of, the Premises, or an eviction, of Tenant. In the event Landlord
needs access to any under floor duct, Landlord's liability for carpet replacement shall
be limited to replacement of the piece removed to gain such access. All such work
shall be done, so far as practicable, in such manner as to minimize interference with
Tenant's use of the Premises.
(b)Use. Not do or permit to be done any act or thing upon the Premises or the Property
which will invalidate or be in conflict with a Certificate of Occupancy or the terms of
the Wisconsin Standard Form of Fire or other insurance policies covering the
Premises and the improvement and fixtures thereon.
(c)Compliance with Laws. Comply with all laws, orders, ordinances and regulations of
federal, state, county and municipal authorities including, but not limited to, the
Americans' With Disabilities Act and the Wisconsin Barrier-Free Design Act, and with
any direction made pursuant to law of any public officer or officers, which shall, with
respect to the use of the Premises or to any abatement of nuisance, impose any
violation, order or duty upon Landlord or Tenant arising from Tenant's Use of the
Premises or from conditions which have been created by or at the instance of Tenant
or required by reason of a breach of any of Tenant's covenants or agreements
hereunder.
(d)Surrender of Premises. Tenant shall, on the last day of the Lease Term or any
renewal term, on or earlier termination or forfeiture of this Lease, peaceably and
quietly surrender and deliver the Premises to Landlord.
(e)Taxes on Personal Property. Tenant shall, before delinquency, pay any and all taxes
levied or assessed and which become payable during the term hereof upon Tenant's
equipment, furniture, fixtures and other personal property located on or about the
Premises.
12.ENVIRONMENTAL. Tenant shall not cause or permit any hazardous substance to be used,
stored, generated, or disposed of on, in, or about the Premises by Tenant (or Tenant's
agents, employees, contractors or invitees) without first obtaining Landlord's written consent,
which consent shall be in Landlord's sole discretion. If Hazardous substances are used,
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stored, generated, or disposed of on or in the Premises, the Building or the Property by
Tenant (or Tenant's agents, employees, contractors or invitees), as may be permitted above
and then only in accordance with applicable permits and handling, use, and storage
regulations, or if the Premises becomes contaminated in any manner, Tenant shall indemnify
and hold harmless the Landlord, its officials, employees and agents from any and all claims,
damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation,
a decrease in value of the Premises caused by loss or restriction of rentable or useable
space on the Property, or any damages caused by adverse impact on marketing of space in
the Property, and any and all sums paid for settlement of claims, attorneys' fees, consultant
and expert fees) arising during or after the Lease Term and arising as result of the actions or
in actions of Tenant (or Tenant's agents, employees, contractors, invitees or permitted
subtenants). This indemnificati on includes, without limitation, any and all costs incurred
because of any investigation of the Premises or any clean-up, removal, or restoration
mandated by a federal, state, or local agency or political subdivision. Without limitation of the
foregoing, if Tenant, its employees, agents, contractors, invitees, or permitted subtenants
cause or permits the presence of any Hazardous substance on the Premises which results in
contamination of any portion of the Premises, Tenant shall promptly, at its sole expense, take
any and all necessary actions to return the Premises to the condition existing prior to the
presence of any such Hazardous substance on the Premises. Tenant shall first obtain
Landlord's written approval for any such remedial action. As used herein, "Hazardous
substance" means any substance that is toxic, ignitable, reactive or corrosive and that is
regulated by any local government, the State of Wisconsin, or the united States government.
"Hazardous Substance" includes any and all material or substances that are defined as
"hazardous wastes," "extremely hazardous wastes," or a "hazardous substance" pursuant to
state, federal or local governmental law.
13.INSURANCE.
(a)Tenant's Insurance
(i)Liability Insurance. Tenant shall, at Tenant's sole expense, during the entire
Lease Term (including any extension terms), keep in full force and effect a
policy of comprehensive general liability insurance with respect to the
Premises in which the limit of liability shall be not less than $2,000,000.00 per
person and $5,000,000.00 per accident.
(ii)Requirements of Tenant's Insurance. All policies of insurance required to be
carried by Tenant under this Lease shall contain written endorsements to its
policies for the following:
Naming the Landlord as an additional insured
Waiver of subrogation
Primary and non-contributory insurance
30 day notice of cancellation
The insurance shall be with an insurance company authorized to do business
in the State of Wisconsin and acceptable to Landlord and written proof of
such required insurance and written endorsements shall be delivered to
Landlord at commencement of the Lease Term and upon Landlord’s
demand.
(iii)Property Insurance. Landlord shall have no responsibility to insure against
loss of Tenant's merchandise, trade fixtures, furnishings, equipment and all
other items of personal property of Tenant located on or within the Premises
of the Property. Tenant shall, at Tenant's sole expense, during the entire
Lease term (including any extension terms), keep in full force and effect a
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policy of property insurance in an amount that is satisfactory to the City to
insure the full value of all property.
14.DAMAGE OR DESTRUCTION. In case of damage to the Premises by fire, vandalism,
malicious mischief or any other casualty, Landlord shall (unless Landlord terminates this
Lease as hereinafter provided below) diligently proceed to make all the repairs necessary to
restore the Premises (excluding any property of Tenant or improvements installed by Tenant)
to the condition in which they existed immediately prior to such destruction or damage, subject
to delays which may arise by reason of adjustment of loss under insurance policies and
delays beyond the reasonable control of Landlord. There shall be no abatement of Rent. If
Landlord determines, in its sole discretion, not to rebuild or repair the Premises, Landlord may
terminate this Lease upon written notice thereof within one hundred twenty (120) days of the
date of such damage, in which event this Lease shall terminate as of the date of such
damage, and Tenant shall promptly vacate the Premises.
15.INDEMNIFICATION; WAIVER.
(a)Waiver. To the fullest extent permitted by law, Tenant, its agents, employees,
contractors, invitees and permitted subtenants hereby releases and waives all claims
against Landlord and its respective agents and employees for injury or damage to
person or property sustained in or about the Premises by Tenant, its agents,
employees, contractors, invitees or permitted subtenants other than damage caused
by the active negligence of Landlord and its respective agents or employees.
(b)Indemnification. Tenant agrees to indemnify, defend and hold harmless Landlord and
its respective agents and employees, from and against any and all liabilities, claims,
demands, costs and expenses of every kind and nature (including reasonable
attorneys' fees), including those arising from any injury or damage to any person
(including death) or property (i) sustained in or about the Premises, (ii) resulting from
the negligence or willful act of Tenant, its agents, employees, contractors, invitees or
permitted subtenants, or (iii) resulting from the failure of Tenant to perform its
obligations under this Lease; provided, however, Tenant's obligations under this
section shall not apply to injury or damage resulting from the negligence or willful act
of Landlord or its respective agents or employees.
16.IMPROVEMENTS AND ALTERATIONS. Tenant shall not make any substantial alterations,
installations, additions, or improvements ("Improvements") to the Premises without obtaining
Landlord's prior written consent. Any approved Improvements by Tenant shall be made at
Tenant's sole cost and expense and any contractor or person selected by Tenant to make
Improvements must first be approved in writing by Landlord. All Improvements, together with
all repairs required to be made by Tenant, shall be made in a good and workmanlike manner
and in compliance with all governmental requirements and rating bureau recommendations,
and shall be performed by competent workers. Tenant shall obtain all necessary permits from
governmental authorities and provide Landlord with copies thereof. Tenant shall promptly
repair any damage and perform any necessary cleanup to the Premises (or its contents)
resulting from any Improvements made by Tenant. All Improvements, temporary or permanent,
in or upon the Premises, whether placed there by Tenant or Landlord, shall become part of
the Premises (subject to the terms of Section 11[e] herein) and shall not constitute Additional
Rent or payment in lieu of Base Rent or any Additional Rent. Tenant agrees not to create,
incur, impose, permit or suffer to exist any lien or other obligation against the Premises or
Landlord by reason of any improvement or any repair or decoration permitted or required to
be made by Tenant pursuant to this Lease, and Tenant agrees to hold Landlord harmless
from and against any such lien claim (including reasonable attorneys' fees). At its expense,
Tenant shall cause to be discharged, within ten (10) days of the filing thereof, any
construction lien claim filed against the Premises (lawfully or unlawfully) or otherwise asserted
against Tenant or Landlord for work claimed to have been done for, or materials claimed to
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have been furnished to, or on behalf of Tenant; provided, however, that in the event of a good
faith dispute by Tenant as to the validity of such lien, Tenant shall have the right, in lieu of
discharging said lien, to furnish Landlord within such ten (10) day period, with a bond or letter
of credit satisfactory to Landlord, indemnifying Landlord against loss by reason of any such
lien (including reasonable attorneys' fees). Any improvements to any of the premises which is
considered public construction must be controlled by City to insure compliance with public
bidding laws and any other applicable rules and laws.
17.TERMINATION PURSUANT TO MARCH 10, 1999 AGREEMENT. If the relationship
between the Landlord and Tenant established pursuant to the March 10, 1999 Agreement is
terminated for any reason, this Lease shall also end as of the date of said termination.
18.ASSIGNMENT AND SUBLETTING.
(a)Assignment or Subletting. Tenant shall not voluntarily, involuntarily or by operation of
law assign, transfer, mortgage, or encumber this Lease, nor sublet the whole or any
part of the Premises without first obtaining Landlord's written consent, which may be
withheld in Landlord's sole discretion. No such assignment or subletting shall relieve
Tenant of any liability under this Lease. Consent to any such assignment or subletting
shall not operate as a waiver of the necessity of a consent to any subsequent
assignment or subletting, and the terms of such consent shall be binding upon any
person holding by, under or through Tenant.
(b)Assignee Obligations. Any assignee or subtenant approved by Landlord shall
assume all obligations (including all use restrictions and covenants) of Tenant and
shall be jointly and severally liable with Tenant for the payment of Rent and the
performance of all terms, covenants and conditions contained in this Lease. In
connection with any permitted sublease or assignment, Tenant shall provide Landlord
with copies of all assignments, subleases and assumption instruments.
19.DEFAULT BY TENANT AND RIGHTS OF LANDLORD.
(a)Bankruptcy and Insolvency. If at the Commencement Date or at any time during the
term of this Lease there shall be filed by or against Tenant in any court pursuant to
any statute either of the United States or of any state a petition in bankruptcy or
insolvency or for liquidation, reorganization, or involuntary dissolution or for the
appointment of a receiver or trustee of all or a portion of Tenant's property, or if
Tenant makes an assignment for the benefit of creditors or petitions for or enters into
an arrangement with creditors, this Lease, at the option of Landlord, exercised within a
reasonable time after notice of the happening of any one or more of such events, may
be canceled and terminated and in which event neither Tenant nor any person
claiming through or under Tenant by virtue of any statute or of an order of any court
shall be entitled to possession or to remain in possession of the Premises but shall
forthwith quit and surrender the same, and Landlord, in addition to the other rights
and remedies Landlord has by virtue of this Lease or any statute or rule of law, may
retain as security for its damages any Base Rent, Additional Rent, or monies received
by Landlord from Tenant or others on behalf of Tenant.
(b)Other Defaults. Subject to the last two sentences of this Subsection 19(b), if Tenant
either: (i) fails to pay any installment of Rent or other charges due hereunder when
due; (ii) fails to perform any other non-monetary covenant, term, agreement or
condition of this Lease within ten (10) days after notice from Landlord [provided,
however, that if the nature of such non-monetary default is such that the same cannot
reasonably be cured within such 10-day period, Tenant shall not be deemed in default
if Tenant shall commence such cure within said 10 day period and thereafter diligently
prosecutes the same to completion]; or (iii) vacates or abandons the Premises for a
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period in excess of ten (10) consecutive days; then, in any of such cases, Landlord, in
addition to all other rights and remedies available to Landlord by law or by other
provisions hereof, may, without process, immediately re-enter the Premises and
remove all persons and property, and, at Landlord's option, terminate this Lease as to
all future rights of Tenant, and Tenant hereby expressly waives the service of any
notice in writing of intention to re-enter. Tenant further agrees that in case of any
such termination, Tenant will indemnify Landlord against all loss of rents and other
damages which Landlord may incur by reason of such termination, including, but not
limited to, costs of restoring and repairing the Premises and putting the same in
rentable condition, costs of renting the Premises to another occupant (including rent
concessions), loss or diminution of Rent and other damage which Landlord may incur
by reason of such termination. Tenant hereby agrees to pay Landlord and to
indemnify Landlord for all reasonable attorneys' fees and expenses incurred in
enforcing any of the terms of this Lease or any other rights or remedies of Landlord.
Neither acceptance of Rent or other charges by Landlord, with or without knowledge
of breach or default, nor failure of Landlord to take action on account of any breach or
default hereof or to enforce its rights hereunder shall be deemed a waiver of any
breach or default, and absent specific written notice or consent to the contrary, said
breach or default shall be a continuing one. The words "re-enter" and "re- entry" as
used in this Lease are not restricted to their technical legal meaning.
(c)Right of Landlord to Cure Defaults. If Tenant shall default in the observance or
performance of any term or covenant on its part to be observed or performed under or
by virtue of any of the terms and provisions in any section of this Lease, or if Tenant
shall fail to pay any sum of money, other than Base Rent and Additional Rent,
required to be paid by Tenant hereunder, Landlord may, but shall not be obligated to,
and without waiving or releasing Tenant from any obligations to make any such
payment or perform any such other act on Tenant's part to be made or performed as
provided in this Lease, remedy such default for the account and at the expense of
Tenant, immediately and without notice in case of emergency, or in any other case
only upon Tenant's failure to remedy such default within ten (10) days after Landlord
shall have notified Tenant in writing of such default. If Landlord makes any
expenditures or incurs any obligations for the payment of money in connection with
Tenant's default including, but not limited to, attorneys' fees in instituting, prosecuting
or defending any action or proceeding, Tenant shall pay to Landlord as Additional
Rent such sums paid or obligations incurred, with costs and interest at the rate of 18%
per annum or the maximum rate permitted by law, whichever is lower. In any event,
Landlord shall have (in addition to any other right or remedy of Landlord) the same
rights and remedies in the event of the nonpayment of sums due under this Section 19
as in the case of default by Tenant in the payment of Base Rent or Additional Rent.
(d)Unpaid Sums. All delinquent Rent shall bear interest at the maximum rate permitted
by law or 18% per annum, whichever is less, from the date due (prior to any grace
period for payment) until paid.
20. SUBORDINATION. This Lease, and the term and estate hereby granted, and all of the rights
of Tenant hereunder, are subject and subordinate to any underlying leases and the liens of
any mortgage or mortgages now or hereafter in force against the Premises and/or the land on
which it sits, as well as to any and all zoning laws, ordinances and regulations, conditions and
agreements affecting said real estate at any time, and Tenant shall execute such further
instruments subordinating this Lease to the lien or liens of any such lease or mortgage as
shall be requested by Landlord; provided, however, that this subordination and any such
further instruments shall not, so long as Tenant is not in default in the performance of any of
the terms, covenants and conditions of this Lease, terminate or modify this Lease or any of the
rights of Tenant hereunder.
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20.SIGNAGE. No sign shall be affixed to any portion of the Premises or the improvements
thereon without obtaining Landlord's prior written consent, which consent may not be
unreasonably withheld or delayed. Tenant hereby agrees to indemnify, defend and hold
Landlord, its officials, agents, and employees harmless from any and all damages or liabilities
(including third party claims) whatsoever arising out of or related to any sign placed or
permitted on the Premises by Tenant including reasonable attorneys' fees.
21.MISCELLANEOUS PROVISIONS.
(a)Headings. The titles to sections of this Lease are not a part of this Lease and shall
have no effect upon the construction or interpretation of any part hereof.
(b)Heirs and Assigns. All of the covenants, agreements, terms and conditions contained
in this Lease shall inure to and be binding upon Landlord and Tenant and their
respective heirs, executors, administrators, successors and assigns.
(c)Non-waiver. Waiver by Landlord or Tenant of any breach of any term, covenant or
condition herein contained shall not be deemed to be a waiver of such term,
covenant, or condition of this Lease, regardless of Landlord's or Tenant's knowledge
of such preceding breach at the time of acceptance or payment of Base Rent or
Additional Rent.
(d)Entire Agreement. This Lease represents the full, final and complete expression of the
parties and contains all covenants and agreements between Landlord and Tenant
relating in any manner to the Base Rent, Additional Rent, Tenant's use and occupancy
of the Premises, and other matters set forth in this Lease. No prior agreements or
understandings pertaining thereto shall be valid or of any force or effect and the
covenants and agreements of this Lease shall not be altered, modified or amended
except in writing signed by Landlord and Tenant.
(e)Severability. Any provision of this Lease which shall prove to be invalid, void or illegal
shall in no way affect, impair or invalidate any other provision hereof and the
remaining provisions hereof shall nevertheless remain in full force and effect. If the
intent of any sections of this Lease so indicate, the obligations of Landlord and Tenant
pursuant to such sections of this Lease shall survive the termination of this Lease.
(f)No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser
amount than the Base Rent, additional Rent and other charges stipulated herein shall
be deemed to be other than on account of the earliest stipulated Base Rent, Additional
Rent or other charges, nor shall any endorsement or statement on any check or any
letter accompanyi ng any check or payment as rent be deemed an accord and
satisfaction, and Landlord shall accept such check or payment without prejudice to
Landlord's right to recover the balance of such Base Rent, Additional Rent and other
charges or pursue any other remedy in this Lease.
(g)Notices. All notices which Landlord or Tenant may be required, or may desire, to
serve on the other may be served by personal service or by mailing by registered or
certified mail, postage prepaid, at such address as the parties may from time to time
designate to the other in writing. The time of rendition of such notice shall be deemed
to be the time when the notice is either personally delivered or deposited in the mail
as herein provided.
(h)Force Majeure. Time periods or deadlines for Landlord's or Tenant's performance
under any provisions of this Lease (except for the payment of money) shall be
extended for periods of time during which the non-performing party's performance is
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prevented due to circumstances beyond the party's control, including, without
limitation, labor disputes, embargoes, governmental restrictions or regulations,
inclement weather and other acts of God, war or other strike.
(i)Covenant to Pay Rent. The covenant to pay rent is hereby declared to be an
independent covenant on the part of Tenant to be kept and performed, and no offset
thereto shall be permitted or allowed except as expressly set forth in this Lease.
(j)Applicable Law. This Lease shall be governed by, and construed in accordance with,
the Laws of the State of Wisconsin. Any legal action in relation to this Lease shall be
brought and maintained in the Circuit Court for Waukesha County, Wisconsin.
(k)Mortgagee Modifications or Amendments. In the event the Mortgagee or any proposed
mortgagee requests certain modifications or amendments to this Lease, then Tenant,
on demand, agrees to execute such modifications or amendments as required.
Notwithstanding the foregoing, Tenant shall not be required to execute any
modifications or amendments to this Lease which shall modify the provisions of this
Lease relating to the amount of rent reserved, the size and location of the Premises,
and the duration of the term of this Lease. Tenant further agrees to furnish such
financial information as may be required or otherwise cooperate with the obtaining of
said mortgage financing.
(l)Authority. Each party warrants and represents to the other party that each party is duly
authorized to execute this Lease and bind Landlord and Tenant to the terms,
conditions and provisions herein.
IN WITNESS WHEREOF, the parties hereto have executed or caused this Lease to be executed as
of the day and year first above written.
LANDLORD: CITY OF MUSKEGO TENANT: TESS CORNERS VOLUNTEER
FIRE DEPARTMENT
By:By:
Kathy Chiaverotti, Mayor ____________________, President
By:By:
Sharon Mueller, Director of Finance & Administration ____________________, Secretary
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EXHIBIT A
Parcel One (1) of Certified Survey Map No.6669, recorded in the office of the Register of Deeds for
Waukesha County on February 21, 1992, in Volume 55 of Certified Survey Maps, Pages 288 through
292 inclusive, as Document No. 1707643, being all of Parcel Two (2), Certified Survey Map No. 6667, and
lands, located in the Northwest One-quarter (1/4) of the Southeast One-quarter (1/4) of Section Nine (9),
Township Five (5) North, Range Twenty (20) East, in the City of Muskego, County of Waukesha, State
of Wisconsin.
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LEASE AGREEMENT
THIS LEASE AGREEMENT ("Agreement"), made and entered into as of the _____ day of December,
2018, by and between the City of Muskego, a municipal corporation (hereinafter referred to as
"Landlord"), and the Tess Corners Volunteer Fire Department, a.k.a. the Tess Corners Volunteer Fire
Company (hereinafter referred to as "Tenant").
WHEREAS, the Landlord owns the real estate described in Exhibit A attached hereto and
incorporated herein (hereinafter referred to as "Land"); and
WHEREAS, the Land consists of property containing in part a fire station building.
NOW, THEREFORE, in consideration of the mutual terms and conditions herein contained and other
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Landlord and Tenant agree as follows:
1.GENERAL LEASE PROVISIONS.
Commencement Date:12:00:01 a.m. January 1, 2019
Termination Date:11:59:59 p.m. December 31, 2028
Landlord & Address:City of Muskego
W182 S8200 Racine Avenue
Muskego, Wisconsin 53150
Tenant & Address:Tess Corners Volunteer Fire Department
W144 S6731 Tess Corners Drive
Muskego, Wisconsin 53150
Use:Municipal Fire Station and Emergency Services Facility ("Use")
Premises:All of the Land together with the buildings located thereon as more
particularly described in Exhibit A attached hereto and
incorporated herein.
Base Rent:Lease Years: 1-10 Annual Base Rent: $1.00
Exhibits:Exhibit A - Legal Description of Property
2.PREMISES. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the
Premises described in Section 1 for the term and upon the conditions set forth in this Lease.
Tenant agrees to lease the Premises in an "as is" condition, without any representations or
warranties of any kind from Landlord as to the condition of the property.
3.TERM. The Lease Term shall commence at 12:00:01 a.m. on the Commencement Date and
expire at 11:59:59 p.m. on the Termination Date, unless sooner terminated.
4.ADDITIONAL TERM. If Tenant desires to continue to lease the Premises beyond the
Termination Date, Tenant shall provide a written intent to continue to lease the Premises for
receipt by Landlord prior to 120 days before the Termination Date ("Notice"), and Landlord
and Tenant shall thereafter negotiate in good faith the terms for a new lease. If Landlord does
not receive the Notice prior to 120 days before the Termination Date or if the parties cannot
agree on the terms of a new lease, and Tenant fails to vacate the Premises before the
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Termination Date, the "Holding Over" provisions shall continue to apply. This provision is not
an option to renew or an option to extend this Lease and Landlord is under no obligation to
continue to lease the Premises to Tenant.
5.RENT.
(a)Base Rent. Tenant covenants and agrees to pay to Landlord on each anniversary
date of the Commencement Date and at Landlord's address, or at such other place
designated by Landlord, without prior demand and without deduction or set-off, rent
for the Premises consisting of the Annual Base Rent set forth in Section 1.
(b)Additional Rent. Tenant shall pay as additional rent (hereinafter "Additional Rent") , all
sums of money or charges provided for in Section 5(c) and any other sums of money
or charges required to be paid by Tenant under this Lease.
(c)Taxes. The Premises is exempt from general real estate and personal property taxes.
However, if any part of the Premises becomes non-exempt from general real estate or
personal property taxes, Tenant shall pay and be responsi ble for all real estate taxes
assessed or levied against the Premises including, without limitation, all special
assessments, special charges, or other municipal or governmental fees or costs
("Taxes"). Tenant shall also pay and be responsible for any and all personal property
taxes on Tenant's personal property and fixtures. Landlord will reasonably estimate
the amount of the Taxes and require Tenant to make equal monthly installments, in
advance, to' Landlord in the amount of 1/12 of the total annual Taxes estimate
together with the Rent. If the taxes exceed Landlord's annual estimate, Tenant
agrees to pay the difference immediately to Landlord, and if the annual Taxes
estimate is lower than Landlord's annual estimate, the difference shall be credited
against Tenant's monthly Taxes installment for the next Lease year.
(d)"Rent" Defined. For the purposes of this Lease, the term "Rent" shall include all
Annual Base Rent and all Additional Rent due from Tenant to Landlord pursuant to
this Lease.
6.HOLDING OVER. Tenant shall pay Landlord double the Rent (the "Double Rent") then
applicable for each month or partial month during which Tenant retains possession of the
Premises, or any part of the Premises, after the expiration or termination of this Lease, or the
termination of Tenant's right of possession of the Premises (the "Holdover Period"). Tenant
shall also indemnify and hold Landlord harmless against all liabilities and damages sustained
by Landlord by reason of such retention of possession including Landlord's reasonable
attorneys' fees. The provisions of this Section 6 shall not constitute a waiver by Landlord of
any re-entry rights of Landlord available under this Lease or by applicable law. If Tenant
retains possession of the Premises, or any part of the Premises, for thirty (30) days after the
expiration or termination of this Lease, then, at the sole option of Landlord expressed by
written notice to Tenant, but not otherwise, such holding over shall constitute a renewal of
this Lease for a period of one (1) year on the same terms and conditions and at double the
Rent then applicable.
7.USE LIMITATIONS. The Premises shall be used exclusively for those purposes set forth in
Section 1 herein and for no other purpose. Tenant shall not do or permit anything to be done
in or about the Premises or on the Property which in any way will obstruct or interfere with the
rights of any other tenants or users of the Property, or injure or annoy them or use or allow the
Premises to be used for any improper, immoral, unlawful or objectionable purpose, or injure or
tend to injure the reputation of the Property or otherwise violate any recorded covenant or use
restriction affecting the Property. Tenant shall not cause or maintain or permit any nuisance
or commit or suffer the commission of any waste within, on or about the Premises, or on or
about the Property.
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8.UTILITIES. Tenant shall be responsible for arranging utility services for the Premises. Tenant
shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler charges and other
utilities and services used on or at the Premises, together with any taxes, penalties,
surcharges or the like pertaining to the Tenant's use of the Premises, and all maintenance
charges for such utilities. No discontinuance of any utility service shall relieve Tenant from
performing any of its obligations under this Lease, and Landlord shall not be liable for any
interruption or failure of utility service on the Premises. In the event that Tenant's
disproportionate use of any form of energy should subject the Premises, the building, or
Landlord to any cost, fee or tax, Tenant shall pay to reimburse Landlord for same.
9.NET LEASE. Tenant's Rent to Landlord shall be absolutely net during the term of this Lease
and Landlord shall receive all Rent and other payments .due under this Lease free from any
charges, assessments, expenses or deductions whatsoever. Landlord shall not be called
upon to make any expenditure for the maintenance, repair or preservation of the Premises and
all costs, expenses and obligations of every kind relating to the Premises (except as
otherwise expressly stated in this Agreement) which may arise or come due during the Lease
Term shall be paid by Tenant, and Landlord shall be indemnified by Tenant against such
costs, expenses and obligations. In no event shall there be any deduction of any nature
whatsoever from the Rent due Landlord, and no defense, setoff or counterclaim shall be
made against Rent in any proceeding for the collection of Rent, or otherwise for the
enforcement of this Lease.
10.MAINTENANCE OF PREMISES.
(a)Tenant Repairs. Tenant shall at all times at Tenant's expense during the Lease Term,
pay for and make all necessary repairs and replacements to the Premises including,
but not limited to, the overhead doors, other doors, door checks, windows, window
frames, roof interior and exterior (both structural and non-structural), security service
systems (including payment of all security service fees), dock enclosures, dock
levelers, fixtures, heating and air conditioning, water heaters, fixtures, electrical and
sewage (to septic systems and main sewer lines, as applicable) facilities of the
Premises, and keep and maintain the same in good condition and repair so that at the
expiration of the Lease the Premises shall be surrendered to Landlord in the same
condition that the same are in at the Commencement Date, ordinary wear and tear
excepted. Tenant shall keep and maintain the Premises in a clean, sanitary and safe
condition, and in compliance with all statutes, laws, ordinances, rules and regulations
of any governmental agency having jurisdiction over the Premises including, but not
limited to, the Americans' With Disabilities Act and the Wisconsin Barrier-Free Design
Act, at the sole cost and expense of Tenant. Tenant, at Tenant's expense, shall be
responsible for prompt and proper lawn and general landscaping maintenance,
asphalt repair and maintenance, snow and ice removal, weed control, grass cutting
and refuse collection for the entire Premises. If Tenant refuses or neglects to
commence and to complete repairs promptly and adequately, Landlord may, but shall
not be required to do so, make and complete said repairs and Tenant shall pay the
cost thereof to Landlord as Additional Rent upon demand. Tenant shall keep the
Premises free from any and all liens arising out of any work performed, materials
furnished or obligations incurred by or for Tenant, and agrees to bond against or
discharge any contractor's, mechanic's, or material men's liens within ten (10) days
after written request therefore by Landlord. Tenant shall reimburse Landlord for any
and all costs and expenses which may be incurred by Landlord by reason of the filing
of any such liens and the removal of same (including reasonable attorneys' fees) as
Additional Rent, such reimbursement to be made to Landlord upon demand. Tenant,
at its own expense, shall install and maintain fire protection devices as may be
required from time to time by any agency having jurisdiction thereof and the insurance
underwriters insuring the Property in which the Premises is located. Tenant shall, at its
sole expense as provided under Section 9, furnish adequate heating to provide a
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temperature required in Landlord's judgment so as to not damage the Premises or
any of the effects, fixtures or property located thereon.
11.COVENANTS OF TENANT. Tenant agrees that it shall, at its sole expense:
(a)Access. Give Landlord, its agents, employees, mortgagees and any other person or
persons authorized by Landlord, access to the Premises at all reasonable times
without charge or diminution of Rent, to enable them to examine the Premises and to
make such repairs, additions and alterations as Landlord may deem advisable, or to
enter, view, show and inspect the Premises, provided it is done, if possible, in a
manner so as not to unduly interfere with the conduct of Tenant's business, and with
an escort provided by Tenant. Tenant hereby waives any claim for damages for any
injury or inconvenience to or interference with Tenant's business, any loss of
occupancy or quiet enjoyment of the Premises, and any other loss occasioned
thereby. For each of the aforesaid purposes, Landlord shall at all times have and
retain a key with which to unlock all of the doors in, upon or about the Premises, and
Landlord shall have the right to use any and all means which Landlord may deem
necessary or proper to open such doors in an emergency in order to obtain entry. If
Tenant changes the locks or security service or security codes to any doors or
windows in the Premises, Tenant shall immediately provide Landlord with a key for
each such new lock and the security service code(s). Any entry to the Premises shall
not under any circumstances be construed or deemed to be a forcible or unlawful entry
into, or a detainer of, the Premises, or an eviction, of Tenant. In the event Landlord
needs access to any under floor duct, Landlord's liability for carpet replacement shall
be limited to replacement of the piece removed to gain such access. All such work
shall be done, so far as practicable, in such manner as to minimize interference with
Tenant's use of the Premises.
(b)Use. Not do or permit to be done any act or thing upon the Premises or the Property
which will invalidate or be in conflict with a Certificate of Occupancy or the terms of
the Wisconsin Standard Form of Fire or other insurance policies covering the
Premises and the improvement and fixtures thereon.
(c)Compliance with Laws. Comply with all laws, orders, ordinances and regulations of
federal, state, county and municipal authorities including, but not limited to, the
Americans' With Disabilities Act and the Wisconsin Barrier-Free Design Act, and with
any direction made pursuant to law of any public officer or officers, which shall, with
respect to the use of the Premises or to any abatement of nuisance, impose any
violation, order or duty upon Landlord or Tenant arising from Tenant's Use of the
Premises or from conditions which have been created by or at the instance of Tenant
or required by reason of a breach of any of Tenant's covenants or agreements
hereunder.
(d)Surrender of Premises. Tenant shall, on the last day of the Lease Term or any
renewal term, on or earlier termination or forfeiture of this Lease, peaceably and
quietly surrender and deliver the Premises to Landlord.
(e)Taxes on Personal Property. Tenant shall, before delinquency, pay any and all taxes
levied or assessed and which become payable during the term hereof upon Tenant's
equipment, furniture, fixtures and other personal property located on or about the
Premises.
12.ENVIRONMENTAL. Tenant shall not cause or permit any hazardous substance to be used,
stored, generated, or disposed of on, in, or about the Premises by Tenant (or Tenant's
agents, employees, contractors or invitees) without first obtaining Landlord's written consent,
which consent shall be in Landlord's sole discretion. If Hazardous substances are used,
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stored, generated, or disposed of on or in the Premises, the Building or the Property by
Tenant (or Tenant's agents, employees, contractors or invitees), as may be permitted above
and then only in accordance with applicable permits and handling, use, and storage
regulations, or if the Premises becomes contaminated in any manner, Tenant shall indemnify
and hold harmless the Landlord, its officials, employees and agents from any and all claims,
damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation,
a decrease in value of the Premises caused by loss or restriction of rentable or useable
space on the Property, or any damages caused by adverse impact on marketing of space in
the Property, and any and all sums paid for settlement of claims, attorneys' fees, consultant
and expert fees) arising during or after the Lease Term and arising as result of the actions or
in actions of Tenant (or Tenant's agents, employees, contractors, invitees or permitted
subtenants). This indemnificati on includes, without limitation, any and all costs incurred
because of any investigation of the Premises or any clean-up, removal, or restoration
mandated by a federal, state, or local agency or political subdivision. Without limitation of the
foregoing, if Tenant, its employees, agents, contractors, invitees, or permitted subtenants
cause or permits the presence of any Hazardous substance on the Premises which results in
contamination of any portion of the Premises, Tenant shall promptly, at its sole expense, take
any and all necessary actions to return the Premises to the condition existing prior to the
presence of any such Hazardous substance on the Premises. Tenant shall first obtain
Landlord's written approval for any such remedial action. As used herein, "Hazardous
substance" means any substance that is toxic, ignitable, reactive or corrosive and that is
regulated by any local government, the State of Wisconsin, or the united States government.
"Hazardous Substance" includes any and all material or substances that are defined as
"hazardous wastes," "extremely hazardous wastes," or a "hazardous substance" pursuant to
state, federal or local governmental law.
13.INSURANCE.
(a)Tenant's Insurance
(i)Liability Insurance. Tenant shall, at Tenant's sole expense, during the entire
Lease Term (including any extension terms), keep in full force and effect a
policy of comprehensive general liability insurance with respect to the
Premises in which the limit of liability shall be not less than $2,000,000.00 per
person and $5,000,000.00 per accident.
(ii)Requirements of Tenant's Insurance. All policies of insurance required to be
carried by Tenant under this Lease shall contain written endorsements to its
policies for the following:
Naming the Landlord as an additional insured
Waiver of subrogation
Primary and non-contributory insurance
30 day notice of cancellation
The insurance shall be with an insurance company authorized to do business
in the State of Wisconsin and acceptable to Landlord and written proof of
such required insurance and written endorsements shall be delivered to
Landlord at commencement of the Lease Term and upon Landlord’s
demand.
(iii)Property Insurance. Landlord shall have no responsibility to insure against
loss of Tenant's merchandise, trade fixtures, furnishings, equipment and all
other items of personal property of Tenant located on or within the Premises
of the Property. Tenant shall, at Tenant's sole expense, during the entire
Lease term (including any extension terms), keep in full force and effect a
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policy of property insurance in an amount that is satisfactory to the City to
insure the full value of all property.
14.DAMAGE OR DESTRUCTION. In case of damage to the Premises by fire, vandalism,
malicious mischief or any other casualty, Landlord shall (unless Landlord terminates this
Lease as hereinafter provided below) diligently proceed to make all the repairs necessary to
restore the Premises (excluding any property of Tenant or improvements installed by Tenant)
to the condition in which they existed immediately prior to such destruction or damage, subject
to delays which may arise by reason of adjustment of loss under insurance policies and
delays beyond the reasonable control of Landlord. There shall be no abatement of Rent. If
Landlord determines, in its sole discretion, not to rebuild or repair the Premises, Landlord may
terminate this Lease upon written notice thereof within one hundred twenty (120) days of the
date of such damage, in which event this Lease shall terminate as of the date of such
damage, and Tenant shall promptly vacate the Premises.
15.INDEMNIFICATION; WAIVER.
(a)Waiver. To the fullest extent permitted by law, Tenant, its agents, employees,
contractors, invitees and permitted subtenants hereby releases and waives all claims
against Landlord and its respective agents and employees for injury or damage to
person or property sustained in or about the Premises by Tenant, its agents,
employees, contractors, invitees or permitted subtenants other than damage caused
by the active negligence of Landlord and its respective agents or employees.
(b)Indemnification. Tenant agrees to indemnify, defend and hold harmless Landlord and
its respective agents and employees, from and against any and all liabilities, claims,
demands, costs and expenses of every kind and nature (including reasonable
attorneys' fees), including those arising from any injury or damage to any person
(including death) or property (i) sustained in or about the Premises, (ii) resulting from
the negligence or willful act of Tenant, its agents, employees, contractors, invitees or
permitted subtenants, or (iii) resulting from the failure of Tenant to perform its
obligations under this Lease; provided, however, Tenant's obligations under this
section shall not apply to injury or damage resulting from the negligence or willful act
of Landlord or its respective agents or employees.
16.IMPROVEMENTS AND ALTERATIONS. Tenant shall not make any substantial alterations,
installations, additions, or improvements ("Improvements") to the Premises without obtaining
Landlord's prior written consent. Any approved Improvements by Tenant shall be made at
Tenant's sole cost and expense and any contractor or person selected by Tenant to make
Improvements must first be approved in writing by Landlord. All Improvements, together with
all repairs required to be made by Tenant, shall be made in a good and workmanlike manner
and in compliance with all governmental requirements and rating bureau recommendations,
and shall be performed by competent workers. Tenant shall obtain all necessary permits from
governmental authorities and provide Landlord with copies thereof. Tenant shall promptly
repair any damage and perform any necessary cleanup to the Premises (or its contents)
resulting from any Improvements made by Tenant. All Improvements, temporary or permanent,
in or upon the Premises, whether placed there by Tenant or Landlord, shall become part of
the Premises (subject to the terms of Section 11[e] herein) and shall not constitute Additional
Rent or payment in lieu of Base Rent or any Additional Rent. Tenant agrees not to create,
incur, impose, permit or suffer to exist any lien or other obligation against the Premises or
Landlord by reason of any improvement or any repair or decoration permitted or required to
be made by Tenant pursuant to this Lease, and Tenant agrees to hold Landlord harmless
from and against any such lien claim (including reasonable attorneys' fees). At its expense,
Tenant shall cause to be discharged, within ten (10) days of the filing thereof, any
construction lien claim filed against the Premises (lawfully or unlawfully) or otherwise asserted
against Tenant or Landlord for work claimed to have been done for, or materials claimed to
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have been furnished to, or on behalf of Tenant; provided, however, that in the event of a good
faith dispute by Tenant as to the validity of such lien, Tenant shall have the right, in lieu of
discharging said lien, to furnish Landlord within such ten (10) day period, with a bond or letter
of credit satisfactory to Landlord, indemnifying Landlord against loss by reason of any such
lien (including reasonable attorneys' fees). Any improvements to any of the premises which is
considered public construction must be controlled by City to insure compliance with public
bidding laws and any other applicable rules and laws.
17.TERMINATION PURSUANT TO MARCH 10, 1999 AGREEMENT. If the relationship
between the Landlord and Tenant established pursuant to the March 10, 1999 Agreement is
terminated for any reason, this Lease shall also end as of the date of said termination.
18.ASSIGNMENT AND SUBLETTING.
(a)Assignment or Subletting. Tenant shall not voluntarily, involuntarily or by operation of
law assign, transfer, mortgage, or encumber this Lease, nor sublet the whole or any
part of the Premises without first obtaining Landlord's written consent, which may be
withheld in Landlord's sole discretion. No such assignment or subletting shall relieve
Tenant of any liability under this Lease. Consent to any such assignment or subletting
shall not operate as a waiver of the necessity of a consent to any subsequent
assignment or subletting, and the terms of such consent shall be binding upon any
person holding by, under or through Tenant.
(b)Assignee Obligations. Any assignee or subtenant approved by Landlord shall
assume all obligations (including all use restrictions and covenants) of Tenant and
shall be jointly and severally liable with Tenant for the payment of Rent and the
performance of all terms, covenants and conditions contained in this Lease. In
connection with any permitted sublease or assignment, Tenant shall provide Landlord
with copies of all assignments, subleases and assumption instruments.
19.DEFAULT BY TENANT AND RIGHTS OF LANDLORD.
(a)Bankruptcy and Insolvency. If at the Commencement Date or at any time during the
term of this Lease there shall be filed by or against Tenant in any court pursuant to
any statute either of the United States or of any state a petition in bankruptcy or
insolvency or for liquidation, reorganization, or involuntary dissolution or for the
appointment of a receiver or trustee of all or a portion of Tenant's property, or if
Tenant makes an assignment for the benefit of creditors or petitions for or enters into
an arrangement with creditors, this Lease, at the option of Landlord, exercised within a
reasonable time after notice of the happening of any one or more of such events, may
be canceled and terminated and in which event neither Tenant nor any person
claiming through or under Tenant by virtue of any statute or of an order of any court
shall be entitled to possession or to remain in possession of the Premises but shall
forthwith quit and surrender the same, and Landlord, in addition to the other rights
and remedies Landlord has by virtue of this Lease or any statute or rule of law, may
retain as security for its damages any Base Rent, Additional Rent, or monies received
by Landlord from Tenant or others on behalf of Tenant.
(b)Other Defaults. Subject to the last two sentences of this Subsection 19(b), if Tenant
either: (i) fails to pay any installment of Rent or other charges due hereunder when
due; (ii) fails to perform any other non-monetary covenant, term, agreement or
condition of this Lease within ten (10) days after notice from Landlord [provided,
however, that if the nature of such non-monetary default is such that the same cannot
reasonably be cured within such 10-day period, Tenant shall not be deemed in default
if Tenant shall commence such cure within said 10 day period and thereafter diligently
prosecutes the same to completion]; or (iii) vacates or abandons the Premises for a
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period in excess of ten (10) consecutive days; then, in any of such cases, Landlord, in
addition to all other rights and remedies available to Landlord by law or by other
provisions hereof, may, without process, immediately re-enter the Premises and
remove all persons and property, and, at Landlord's option, terminate this Lease as to
all future rights of Tenant, and Tenant hereby expressly waives the service of any
notice in writing of intention to re-enter. Tenant further agrees that in case of any
such termination, Tenant will indemnify Landlord against all loss of rents and other
damages which Landlord may incur by reason of such termination, including, but not
limited to, costs of restoring and repairing the Premises and putting the same in
rentable condition, costs of renting the Premises to another occupant (including rent
concessions), loss or diminution of Rent and other damage which Landlord may incur
by reason of such termination. Tenant hereby agrees to pay Landlord and to
indemnify Landlord for all reasonable attorneys' fees and expenses incurred in
enforcing any of the terms of this Lease or any other rights or remedies of Landlord.
Neither acceptance of Rent or other charges by Landlord, with or without knowledge
of breach or default, nor failure of Landlord to take action on account of any breach or
default hereof or to enforce its rights hereunder shall be deemed a waiver of any
breach or default, and absent specific written notice or consent to the contrary, said
breach or default shall be a continuing one. The words "re-enter" and "re- entry" as
used in this Lease are not restricted to their technical legal meaning.
(c)Right of Landlord to Cure Defaults. If Tenant shall default in the observance or
performance of any term or covenant on its part to be observed or performed under or
by virtue of any of the terms and provisions in any section of this Lease, or if Tenant
shall fail to pay any sum of money, other than Base Rent and Additional Rent,
required to be paid by Tenant hereunder, Landlord may, but shall not be obligated to,
and without waiving or releasing Tenant from any obligations to make any such
payment or perform any such other act on Tenant's part to be made or performed as
provided in this Lease, remedy such default for the account and at the expense of
Tenant, immediately and without notice in case of emergency, or in any other case
only upon Tenant's failure to remedy such default within ten (10) days after Landlord
shall have notified Tenant in writing of such default. If Landlord makes any
expenditures or incurs any obligations for the payment of money in connection with
Tenant's default including, but not limited to, attorneys' fees in instituting, prosecuting
or defending any action or proceeding, Tenant shall pay to Landlord as Additional
Rent such sums paid or obligations incurred, with costs and interest at the rate of 18%
per annum or the maximum rate permitted by law, whichever is lower. In any event,
Landlord shall have (in addition to any other right or remedy of Landlord) the same
rights and remedies in the event of the nonpayment of sums due under this Section 19
as in the case of default by Tenant in the payment of Base Rent or Additional Rent.
(d)Unpaid Sums. All delinquent Rent shall bear interest at the maximum rate permitted
by law or 18% per annum, whichever is less, from the date due (prior to any grace
period for payment) until paid.
20. SUBORDINATION. This Lease, and the term and estate hereby granted, and all of the rights
of Tenant hereunder, are subject and subordinate to any underlying leases and the liens of
any mortgage or mortgages now or hereafter in force against the Premises and/or the land on
which it sits, as well as to any and all zoning laws, ordinances and regulations, conditions and
agreements affecting said real estate at any time, and Tenant shall execute such further
instruments subordinating this Lease to the lien or liens of any such lease or mortgage as
shall be requested by Landlord; provided, however, that this subordination and any such
further instruments shall not, so long as Tenant is not in default in the performance of any of
the terms, covenants and conditions of this Lease, terminate or modify this Lease or any of the
rights of Tenant hereunder.
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20.SIGNAGE. No sign shall be affixed to any portion of the Premises or the improvements
thereon without obtaining Landlord's prior written consent, which consent may not be
unreasonably withheld or delayed. Tenant hereby agrees to indemnify, defend and hold
Landlord, its officials, agents, and employees harmless from any and all damages or liabilities
(including third party claims) whatsoever arising out of or related to any sign placed or
permitted on the Premises by Tenant including reasonable attorneys' fees.
21.MISCELLANEOUS PROVISIONS.
(a)Headings. The titles to sections of this Lease are not a part of this Lease and shall
have no effect upon the construction or interpretation of any part hereof.
(b)Heirs and Assigns. All of the covenants, agreements, terms and conditions contained
in this Lease shall inure to and be binding upon Landlord and Tenant and their
respective heirs, executors, administrators, successors and assigns.
(c)Non-waiver. Waiver by Landlord or Tenant of any breach of any term, covenant or
condition herein contained shall not be deemed to be a waiver of such term,
covenant, or condition of this Lease, regardless of Landlord's or Tenant's knowledge
of such preceding breach at the time of acceptance or payment of Base Rent or
Additional Rent.
(d)Entire Agreement. This Lease represents the full, final and complete expression of the
parties and contains all covenants and agreements between Landlord and Tenant
relating in any manner to the Base Rent, Additional Rent, Tenant's use and occupancy
of the Premises, and other matters set forth in this Lease. No prior agreements or
understandings pertaining thereto shall be valid or of any force or effect and the
covenants and agreements of this Lease shall not be altered, modified or amended
except in writing signed by Landlord and Tenant.
(e)Severability. Any provision of this Lease which shall prove to be invalid, void or illegal
shall in no way affect, impair or invalidate any other provision hereof and the
remaining provisions hereof shall nevertheless remain in full force and effect. If the
intent of any sections of this Lease so indicate, the obligations of Landlord and Tenant
pursuant to such sections of this Lease shall survive the termination of this Lease.
(f)No Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser
amount than the Base Rent, additional Rent and other charges stipulated herein shall
be deemed to be other than on account of the earliest stipulated Base Rent, Additional
Rent or other charges, nor shall any endorsement or statement on any check or any
letter accompanyi ng any check or payment as rent be deemed an accord and
satisfaction, and Landlord shall accept such check or payment without prejudice to
Landlord's right to recover the balance of such Base Rent, Additional Rent and other
charges or pursue any other remedy in this Lease.
(g)Notices. All notices which Landlord or Tenant may be required, or may desire, to
serve on the other may be served by personal service or by mailing by registered or
certified mail, postage prepaid, at such address as the parties may from time to time
designate to the other in writing. The time of rendition of such notice shall be deemed
to be the time when the notice is either personally delivered or deposited in the mail
as herein provided.
(h)Force Majeure. Time periods or deadlines for Landlord's or Tenant's performance
under any provisions of this Lease (except for the payment of money) shall be
extended for periods of time during which the non-performing party's performance is
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prevented due to circumstances beyond the party's control, including, without
limitation, labor disputes, embargoes, governmental restrictions or regulations,
inclement weather and other acts of God, war or other strike.
(i)Covenant to Pay Rent. The covenant to pay rent is hereby declared to be an
independent covenant on the part of Tenant to be kept and performed, and no offset
thereto shall be permitted or allowed except as expressly set forth in this Lease.
(j)Applicable Law. This Lease shall be governed by, and construed in accordance with,
the Laws of the State of Wisconsin. Any legal action in relation to this Lease shall be
brought and maintained in the Circuit Court for Waukesha County, Wisconsin.
(k)Mortgagee Modifications or Amendments. In the event the Mortgagee or any proposed
mortgagee requests certain modifications or amendments to this Lease, then Tenant,
on demand, agrees to execute such modifications or amendments as required.
Notwithstanding the foregoing, Tenant shall not be required to execute any
modifications or amendments to this Lease which shall modify the provisions of this
Lease relating to the amount of rent reserved, the size and location of the Premises,
and the duration of the term of this Lease. Tenant further agrees to furnish such
financial information as may be required or otherwise cooperate with the obtaining of
said mortgage financing.
(l)Authority. Each party warrants and represents to the other party that each party is duly
authorized to execute this Lease and bind Landlord and Tenant to the terms,
conditions and provisions herein.
IN WITNESS WHEREOF, the parties hereto have executed or caused this Lease to be executed as
of the day and year first above written.
LANDLORD: CITY OF MUSKEGO TENANT: TESS CORNERS VOLUNTEER
FIRE DEPARTMENT
By:By:
Kathy Chiaverotti, Mayor ____________________, President
By:By:
Sharon Mueller, Director of Finance & Administration ____________________, Secretary
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EXHIBIT A
Parcel "A" of Certified Survey Map recorded in the office of the Register of Deeds for Waukesha County
on June 14, 1968, in Volume 5 of Certified Survey Maps, Pages 232 and 233, as Document No. 715343,
being a part of the Southeast One-quarter (1/4) of Section Twenty-nine (29), Township Five (5) North,
Range Twenty (20) East, in the City of Muskego, County of Waukesha, State of Wisconsin.
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #099-2018
CLOSE THE DARK STORE LOOPHOLES
STOP THE SHIFT
WHEREAS, home owners in Wisconsin already pay 70% of the total statewide property
tax levy; and
WHEREAS, that disproportionate burden is about to worsen unless the Legislature
addresses the unwarranted and unnecessary litigation by big box retailers across the
country using litigation to gain dramatic reductions in their property values that artificially
lowers their tax bills; and
WHEREAS, a carefully-orchestrated wave of 100s of lawsuits in Wisconsin is forcing
assessors to artificially slash the market value of thriving national retail stores, shifting
their tax burden to local mom and pop shops and homeowners; and
WHEREAS, big box chains are using what is known as the “Dark Store Theory” to
argue that the assessed value of a new store in a thriving location should be based on
comparing their buildings to sales of vacant stores in abandoned locations from a
different market segment; and
WHEREAS, the Republican-controlled Indiana state Legislature has on two occasions
in the last two years overwhelmingly passed legislation prohibiting assessors from
valuing new big box stores the same as nearby abandoned stores from a different
market segment; and
WHEREAS, the Michigan State House overwhelmingly passed similar legislation in May
of 2016.
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of
Muskego urges the Governor and the Legislature to protect homeowners and main
street businesses from having even more of the property tax burden shifted to them by
passing legislation clarifying that:
1. Leases are appropriately factored into the valuation of leased properties; and
2. When using the comparable sale method of valuation, assessors shall consider
as comparable only those sales within the same market segment exhibiting a
similar highest and best use rather than similarly sized but vacant properties in
abandoned locations.
Furthermore, the City Council directs the Clerk to send a copy of this Resolution to our
State Legislators, Governor Scott Walker and to the League of Wisconsin Municipalities.
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DATED THIS 27TH DAY OF NOVEMBER, 2018.
SPONSORED BY:
Mayor Kathy Chiaverotti
This is to certify that this is a true and accurate copy of Resolution #099-2018 which
was adopted by the Common Council of the City of Muskego.
_________________________
Clerk-Treasurer
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COMMON COUNCIL – CITY OF MUSKEGO
ORDINANCE #1423
AN ORDINANCE TO AMEND CHAPTER 263,
SECTION 263-22,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Disposal of abandoned or Unclaimed Personal Property)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 263, Section 263-22, of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
263-22. DISPOSAL OF ABANDONED OR UNCLAIMED PERSONAL PROPERTY.
A. The City may dispose of any personal property which has been abandoned or
remains unclaimed for a period of 30 days after the taking of possession of the
property by City officials by any means determined to be in the best interest of
the City.
(1) Disposal of personal property shall be in a manner prescribed by the
Common Council or those listed below:
(a) Public auction.
(b) Sealed bids. Said advertisement of sealed bids shall be in a manner
prescribed by the appropriate department head.
(c) Destruction.
(d) Return to rightful owner.
(e) Transfer to appropriate governmental entity.
(f) Holding of a public sale by a nonprofit organization and the payment to
said organization of a reasonable commission from the sale proceeds with
the balance being paid to the City.
(g) Return to the person(s) who turned the item in to the Police Department if
requested and no rightful owner can be located.
(h) Public sale through Internet-based sales, i.e., E-Bay or Property
Room.com.
[Added 6-1-2006 by Ord. No. 1228]
(2) These procedures presume that if the personal property to be disposed of
appears to be or is reported stolen, an attempt will be made to return said
property to the rightful owner.
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B. If the property is not disposed of by the City itself in a sale open to the public, the
City shall maintain an inventory of such property, a record of the date and
method of disposal, including the consideration received for the property, if any,
and the name and address of the person taking possession of the property. Such
inventory shall be kept as a public record for a period of not less than two years
from the date of disposal of the property.
A. Custodian. The Chief of Police or designee shall be the custodian of all personal
property that has been lost, abandoned, or picked up during the course of a
police investigation. The Chief of Police or designee having custody of the
property shall attempt to return the property to the rightful owner.
B. The Chief of Police or designee may, pursuant to Wis. Stats. §66.0139, dispose
of any such property abandoned or unclaimed for a period of 30 days, by any of
the following means, as determined by the Chief of Police or designee to be in
the best interest of the City:
(1) The property may be sold at public auction, including an internet auction
service contracting with the City.
(2) The property may be sold without a public auction at a sale open to the
public, including internet-based sales such as eBay.
(3) The property may be sold in a private sale through an agreed-upon
amount of sale.
(4) The property may be retained by the City for its own use.
(5) The property may be donated.
(6) The property may be destroyed or discarded as trash, recycled, or sold as
scrap.
(7) The property may be used in trade on other property to be acquired.
(8) The property may be sold, traded, or transferred to an outside publicly
funded agency.
C. Firearms. Any seized firearm, ammunition or dangerous weapon shall not be
returned to any person who committed a crime involving the use of the seized
item. Seized property that is a firearm, ammunition, or dangerous weapon may
be returned to the rightful owner under this section if the owner had no prior
knowledge of and gave no consent to the commission of the crime. Firearms,
ammunition, or dangerous weapons which are abandoned or remain unclaimed
for a period of 30 days shall be returned to the rightful owner, destroyed, or
transferred to the State Crime Laboratory established under §165.75, Wis. Stats.
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D. Seized Property. If property seized pursuant to a search warrant or seized
without a search warrant is not required for evidence or further investigative use,
and has not been disposed of pursuant to a court order, the custodian or their
designee shall make reasonable attempts to notify all persons who or may have
an authorized rightful interest in the seized item that they may apply for return of
the seized item pursuant to §968.20, Wis. Stats. Any item that has not been
applied for its return within 30 days of notice shall be considered abandoned or
unclaimed and disposed of pursuant to this section.
E. Record Keeping.
(1) Records of the sale or destruction of personal property shall be
maintained by the Chief of Police or their designee in whose custody the
personal property had been committed. The records shall include the
following information:
(a) Description of the property;
(b) The date of the sale or destruction;
(c) The method of disposal;
(d) Consideration received for the property, if any,
(e) If the property is sold or otherwise transferred, the name and
address of the person taking possession of the property.
(2) Such records shall be kept as public record for a period of not less than
two years from the date of the disposal of the property
F. Deposit into City Account. All money retained by the City as described in this
section, or that is found by a City official, employee, or agent that is unclaimed
and all proceeds of any sale of abandoned or unclaimed property shall be
deposited by the Director of Finance and Administration into the general account
of the City of Muskego.
G. Return of lost property to finder or owner. Sections 170.07 through 170.105, Wis.
Stats., as amended from time to time, are incorporated herein by reference. Any
decisions, determinations and certifications to be made by a law enforcement
agency under the aforesaid statutes shall be made by the Chief of Police or their
designee, upon such proof which may be deemed sufficient, in the sole discretion
of the Chief of Police or their designee, respectively.
H. Stolen Property. If the Custodian has property in their possession that appears to
be or is reported stolen they shall attempt to return the property to the rightful
owner before disposing of the property as allowed by this section.
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SECTION 2: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the
specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinance whose terms are in conflict with the
provisions of this ordinance is hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS ____ DAY OF _______________, 2018.
CITY OF MUSKEGO
Kathy Chiaverotti, Mayor
ATTEST:First Reading: November 13, 2018
Clerk-Treasurer
Newly Enacted Ordinance Published:
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COMMON COUNCIL – CITY OF MUSKEGO
ORDINANCE #1424
AN ORDINANCE TO AMEND CHAPTER 263,
SECTION 263-23,
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Use of Cigarettes, Nicotine, Tobacco, and Vapor Products Restricted)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 263, Section 263-23, of the Municipal Code of the City of
Muskego is hereby amended to read as follows:
263-23. USE OF CIGARETTES, NICOTINE, AND TOBACCO, AND VAPOR
PRODUCTS RESTRICTED.
A. Definitions. As used in this section, the following terms shall have the meanings
indicated:
CIGARETTE
A narrow tube of cut tobacco enclosed in paper and designed for smoking.
NICOTINE PRODUCTS
A product that contains nicotine and is not any of the following:
(1) A tobacco product.
(2) A cigarette.
(3) A product that has been approved by the United States Food and Drug
Administration for sale as a smoking cessation product or for another medical
purpose and is being marketed and sold solely for such an approved purpose.
SCHOOLS
The public schools under the jurisdiction of the School Board of the City of
Muskego.
TOBACCO PRODUCTS
Cigars, cigarettes, cheroots, stogies, periques, smoking tobacco, tobacco in any
form, including but not limited to granulated, plug cut, crimp cut, ready-rolled, and
fine cut, chewing tobacco, snuff tobacco, shorts, refuse scraps, clippings,
cuttings and sweepings of tobacco, and any other kinds or forms of tobacco
prepared in a manner as to be suitable for chewing or smoking or both.
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VAPOR PRODUCTS
“Vapor Products” shall mean noncombustible products, that may or may not
contain nicotine, that employ a mechanical heating element, battery, electronic
circuit or other mechanism, regardless of shape or size, that can be used to
produce a vapor in a solution or other form including but not limited to an
electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe,
vaporizers, or similar products or devices. “Vapor products” shall include any
vapor cartridge, solution, or other container, that may or may not contain nicotine,
that is intended to be used with an electronic cigarette, electronic cigar, electronic
cigarillo, electronic pipe, vaporizer, or similar products or devices. “Vapor
products” do not include any products regulated by the United States Food and
Drug Administration under Chapter V of the Food, Drug, and Cosmetic Act.
B. Restriction on sale or gift of cigarettes, nicotine products, or tobacco products.
Section 134.66, Wis. Stats., as amended from time to time, is hereby adopted by
reference as though fully set forth herein.
C.Use of cigarettes, nicotine products, and tobacco products by children prohibited.
Section 254.92, Wis. Stats., as amended from time to time, is hereby adopted by
reference as though fully set forth herein.
D. Sale of vapor products to minors prohibited. No person, by himself, his servant or
agent, or as the servant or agent of any other person, shall sell, give away, or
otherwise dispose of, by vending machine or otherwise, any vapor products to any
person under the age of eighteen (18) years.
E. Purchase or possession of vapor products by person under 18 prohibited.
(1) No person under 18 years of age may falsely represent his or her age for the
purpose of receiving any vapor products.
(2) No person under 18 years of age may purchase, attempt to purchase, or
possess any vapor products except as follows:
(a)A person under 18 years of age may purchase or possess vapor products
for the sole purpose of resale in the course of employment during his or
her working hours if employed by a retailer. The defenses provided in Wis.
Stat. § 134.66(3)(a)-(c) shall also be defenses to any prosecution
hereunder.
C.F.Possession of cigarettes, nicotine products, and tobacco products, and vapor
products by students in school buildings or upon school property. No person enrolled
as a student in the Muskego-Norway School District may possess any cigarette,
nicotine product, or tobacco product, or vapor product at any time inside any building
or on any property owned, leased or used by a public school in the City.
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D.G.Use of cigarettes, nicotine products, and tobacco products in school buildings or
upon school property. No person may smoke, light, ingest, chew, inhale, or
otherwise use any cigarette, nicotine product, or tobacco product or smoke from a
cigarette, nicotine product, or tobacco product at any time inside any building or on
any property owned, leased, or used by a public school in the City.
SECTION 2: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the
specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinance whose terms are in conflict with the
provisions of this ordinance is hereby repealed as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS ____ DAY OF _______________, 2018.
CITY OF MUSKEGO
Kathy Chiaverotti, Mayor
ATTEST:First Reading: November 13, 2018
Clerk-Treasurer
Newly Enacted Ordinance Published:
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Approved
CITY OF MUSKEGO
FINANCE COMMITTEE MINUTES
October 23, 2018
5:50 PM
City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 5:55 p.m.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Committee Members Alderpersons Wolfe, Madden and Kubacki, as well as
Alderpersons Borgman, Kapusta and Engelhardt. Also present: City Attorney Warchol and
Deputy Clerk Blenski.
PUBLIC MEETING NOTICE
The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting
law.
APPROVAL OF MINUTES – October 9, 2018
Alderperson Kubacki made a motion to approve. Alderperson Madden seconded;
motion carried.
LICENSE APPROVALS
Recommend Approval of Operator Licenses
Alderperson Wolfe made a motion to recommend approval of an Operator License for
Karli Hudec, Rachel Karrels, Heather Krueger and Diane Wakeland. Alderperson
Madden seconded; motion carried.
NEW BUSINESS
Recommend Approval of Release of Letter of Credit for Pellmann Farms LLC (aka Kaerek
Homes Green Court Development)
Alderperson Kubacki made a motion to recommend approval. Alderperson Madden
seconded; motion carried.
Recommend Designation of Public Officials to Issue Nontraffic Citations
Alderperson Wolfe made a motion to recommend approval of the designated list of
Public Officials. Alderperson Madden seconded; motion carried.
VOUCHER APPROVAL
Utility Vouchers
Alderperson Wolfe made a motion to recommend approval of Utility Vouchers in the
amount of $429,351.51. Alderperson Kubacki seconded; motion carried.
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Finance Committee Minutes 2
October 23, 2018
General Fund
Alderperson Wolfe made a motion to recommend approval of General Fund Vouchers in
the amount of $1,781,724.12. Alderperson Madden seconded; motion carried.
Wire Transfers for Debt Service
Alderperson Wolfe made a motion to recommend approval of Wire Transfers for
Debt Service in the amount of $52,075.70. Alderperson Kubacki seconded; motion
carried.
Wire Transfers for Payroll/Invoice Transmittals
Alderperson Wolfe made a motion to recommend approval of Wire Transfers for
Payroll/Invoice Transmittals in the amount of $335,502.77. Alderperson Madden
seconded; motion carried.
ADJOURNMENT
Alderperson Wolfe made a motion to adjourn at 5:59 p.m. Alderperson Madden
seconded; motion carried.
Minutes taken and transcribed by Jill Blenski, Deputy Clerk.
Page 2 of 2
Finance Committee - October 23, 2018
Packet Page 50
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1425
AN ORDINANCE TO AMEND THE ZONING MAP/CODE AND
2020 COMPREHENSIVE PLAN
OF THE CITY OF MUSKEGO
(I-1 to PD – Former Muskego Elementary School)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS
FOLLOWS:
SECTION 1: The following described property is hereby rezoned from I-1 – Government,
Institutional & Public Service District to PD – Planned Development District (based on RM-
1):
Tax Key No. 2193.104/S75 W17476 Janesville Road
SECTION 2: The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a decision of a court of competent jurisdiction
to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific
section or portion thereof directly specified in the decision, and not affect the validity of all
other provisions, sections, or portion thereof of the ordinance which shall remain in full force
and effect. Any other ordinances whose terms are in conflict with the provisions of this
ordinance are hereby repealed as to those terms that conflict.
SECTION 3: The Common Council does hereby amend the 2020 Comprehensive Plan to
reflect a change from Government, Institutional, Transportation & Utility use to High Density
Residential use.
SECTION 4: This ordinance is in full force and effect from and after passage and
publication subject to approval of a Building, Site and Operation Plan.
PASSED AND APPROVED THIS DAY OF DECEMBER , 2018.
CITY OF MUSKEGO
_______________________________
Kathy Chiaverotti, Mayor
First Reading: 11/27/2018
ATTEST:
______________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published: Page 1 of 1
Ordinance #1425 - An Ordinance to Amend the Zoning...
Packet Page 51
Council Date NOVEMBER 27, 2018
Total Vouchers All Funds $193,081.76
Total Voucher Approval
Utility Vouchers (Approve Separately)
Water Vouchers $14,662.15
Water Wire Transfers
Total Water $14,662.15
Sewer Vouchers 11,430.47
Sewer Wire Transfers
Total Sewer $11,430.47
Net Total Utility Vouchers $ 26,092.62
#1 - Utility Voucher Approval
Tax Vouchers - Refunds & Tax Settlements (Approve Separately)
Tax Vouchers $
Tax Void Checks ()**
Total Tax Vouchers $ -
#2 - Tax Voucher Approval
Total General Fund Vouchers (Approve Separately)
General Fund Vouchers $166,989.14
General Fund Void Checks ()**
Total General Fund Vouchers $ 166,989.14
#3 - General Voucher Approval
Big Muskego Lake Vouchers $
Development Fund Vouchers $
Wire transfers (Approve Separately):
Tax Settlements $
Debt Service $
Payroll/Invoice Transmittals $465,197.81
#4 - Wire Transfers Approval
Void Checks Since Last Report
Check #Amount Check #Amount
Total ***
Total 0.00 *Total ***
Page 1 of 9
Voucher Report
Packet Page 52
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1
Report dates: 11/14/2018-11/27/2018 Nov 20, 2018 10:26AM
Report Criteria:
Detail report.
Invoices with totals above $0 included.
Paid and unpaid invoices included.
[Report].Description = {<>} "1099 adjustment"
Invoice Detail.Type = {>} "adjustments"
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
ACE HARDWARE - WINDLAKE
103280 1 Invoice MISC SUPPLIES TOWELS AND SH 10/25/2018 11/27/2018 155.18 1118 601.61.61.15.5415
Total ACE HARDWARE - WINDLAKE:155.18
ADVANCED DISPOSAL - MUSKEGO-C6
C60001538709 1 Invoice REFUSE - OCTOBER 2018 10/31/2018 11/27/2018 45,864.25 1118 205.03.30.00.5820
C60001538709 2 Invoice RECYCLING - OCTOBER 2018 10/31/2018 11/27/2018 24,129.00 1118 205.03.00.00.5820
C60001538709 3 Invoice YARD WASTE - OCTOBER 2018 10/31/2018 11/27/2018 1,420.22 1118 205.03.00.00.6056
Total ADVANCED DISPOSAL - MUSKEGO-C6:71,413.47
ALSCO
042510/112718 1 Invoice UNIFORMS 10/31/2018 11/27/2018 585.12 1118 100.04.51.07.5704
042511/112718 1 Invoice UNIFORMS 10/31/2018 11/27/2018 192.76 1118 100.04.51.07.5704
042512/112718 1 Invoice UNIFORMS 10/31/2018 11/27/2018 107.30 1118 601.61.61.12.5702
042512/112718 2 Invoice UNIFORMS 10/31/2018 11/27/2018 107.30 1118 605.56.09.21.5835
Total ALSCO:992.48
ANCHOR PRINTING, INC.
20187 1 Invoice ABSENTEE BALLOT ENVELOPES 11/12/2018 11/27/2018 1,684.80 1118 100.01.03.00.5704
Total ANCHOR PRINTING, INC.:1,684.80
ANDY KRAATZ OVERHEAD DOORS, LLC
1642 1 Invoice KNOLLWD PUMP STN DOOR 11/08/2018 11/27/2018 1,100.00 1118 605.54.06.41.5415
Total ANDY KRAATZ OVERHEAD DOORS, LLC:1,100.00
AT & T
262679410611/ 1 Invoice MONTHLY CHARGE-CENTREX LIN 11/01/2018 11/27/2018 627.95 1118 100.01.06.00.5601
Total AT & T:627.95
ATONEMENT LUTHERAN CHURCH
AT112718-ELE 1 Invoice FALL GENERAL ELECTION CUSTO 11/13/2018 11/27/2018 50.00 1118 100.01.03.00.5704
Total ATONEMENT LUTHERAN CHURCH:50.00
BAKER & TAYLOR COMPANY
2034113737 1 Invoice REPLACEMENT 11/03/2018 11/27/2018 309.37 1118 100.05.71.00.5774
2034113737 2 Invoice PRINT 11/03/2018 11/27/2018 211.11 1118 100.05.71.01.5711
2034118845 1 Invoice PRINT 11/06/2018 11/27/2018 1,692.52 1118 100.05.71.01.5711
2034122014 1 Invoice PRINT 11/07/2018 11/27/2018 223.40 1118 100.05.71.01.5711
2034124672 1 Invoice PRINT 11/07/2018 11/27/2018 113.87 1118 100.05.71.01.5711
5015240722 1 Invoice PRINT 11/07/2018 11/27/2018 31.00 1118 100.05.71.01.5711
Total BAKER & TAYLOR COMPANY:2,581.27
Page 2 of 9
Voucher Report
Packet Page 53
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2
Report dates: 11/14/2018-11/27/2018 Nov 20, 2018 10:26AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
BAKER & TAYLOR ENTERTAINMENT
H10366670 1 Invoice REPLACEMENT 11/02/2018 11/27/2018 74.90 1118 100.05.71.00.5774
H10830880 1 Invoice AV 11/06/2018 11/27/2018 240.33 1118 100.05.71.02.5711
H10830881 1 Invoice AV 11/06/2018 11/27/2018 17.96 1118 100.05.71.02.5711
H11033030 1 Invoice AV 11/07/2018 11/27/2018 11.64 1118 100.05.71.02.5711
H613093CM 1 Invoice AV - CREDIT 11/02/2018 11/27/2018 57.56- 1118 100.05.71.02.5711
Total BAKER & TAYLOR ENTERTAINMENT:287.27
BALLENGER, DANIEL
BA112718-RE 1 Invoice CLASS CANCELLATION REFUND 11/12/2018 11/27/2018 5.00 1118 100.05.72.18.4318
Total BALLENGER, DANIEL:5.00
BEST BUY
7945 1 Invoice APPLIANCES/TVS FOR DPW REM 11/12/2018 11/27/2018 3,364.89 1118 401.08.93.51.6550
Total BEST BUY:3,364.89
BROOKS TRACTOR INC.
T03621 1 Invoice SPIDER 07/26/2018 11/27/2018 37.80 1118 100.04.51.07.5405
Total BROOKS TRACTOR INC.:37.80
CART-AWAY CONCRETE SYSTEMS INC
181026 1 Invoice VALVE 10/09/2018 11/27/2018 69.74 1118 100.04.51.07.5405
Total CART-AWAY CONCRETE SYSTEMS INC:69.74
CHALLENGE ISLAND
CH112718-RE 1 Invoice CLASS INSTRUCTION - CHALLEN 11/12/2018 11/27/2018 300.00 1118 100.05.72.18.5110
Total CHALLENGE ISLAND:300.00
CHAPPELL SPORTS
20904 1 Invoice YOUTH SPORTS T-SHIRTS 11/13/2018 11/27/2018 125.00 1118 100.05.72.13.5702
20909 1 Invoice CLASS T-SHIRT - YOUTH SPORTS 11/14/2018 11/27/2018 5.00 1118 100.05.72.13.5702
Total CHAPPELL SPORTS:130.00
COMPLETE OFFICE OF WIS
964885 1 Invoice CALCULATOR RIBBON & CAN DUS 11/16/2018 11/27/2018 52.13 1118 100.01.03.00.5701
Total COMPLETE OFFICE OF WIS:52.13
CONSERV FS INC
60021164 1 Invoice OIL AND KITS 10/31/2018 11/27/2018 3,710.25 1118 100.04.51.07.5735
Total CONSERV FS INC:3,710.25
CORE BTS LEARNING SOLUTIONS INC
0247748 1 Invoice TRAINING- JAKE 11/13/2018 11/27/2018 1,750.00 1118 100.01.14.00.5301
Total CORE BTS LEARNING SOLUTIONS INC:1,750.00
EAGLE MEDIA, INC.
00127225 1 Invoice TRAIL CLOSED SIGNS PARKS 11/09/2018 11/27/2018 420.00 1118 100.04.51.11.5702
Page 3 of 9
Voucher Report
Packet Page 54
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3
Report dates: 11/14/2018-11/27/2018 Nov 20, 2018 10:26AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total EAGLE MEDIA, INC.:420.00
FERGUSON WATERWORKS #1476
0261372 1 Invoice 6 3/4" METERS 10/26/2018 11/27/2018 1,808.58 1118 605.00.00.00.1953
Total FERGUSON WATERWORKS #1476:1,808.58
FICKAU INC.
77340 1 Invoice RIVETS 10/23/2018 11/27/2018 30.45 1118 100.04.51.08.5704
Total FICKAU INC.:30.45
FIRST BUSINESS
0018/112718 1 Invoice THERMAL PAPER FOR MDC 10/29/2018 11/27/2018 146.24 1118 100.02.20.01.5722
0026/112718 1 Invoice SULLIVAN RETURN HOLSTER 10/29/2018 11/27/2018 134.00- 1118 100.02.20.01.5151
0026/112718 2 Invoice CAVI WIPES 10/29/2018 11/27/2018 64.66 1118 100.02.20.01.5722
0026/112718 3 Invoice TISSUE 10/29/2018 11/27/2018 27.84 1118 100.02.20.01.5722
0026/112718 4 Invoice MESH CASE FOR NARCAN 10/29/2018 11/27/2018 5.99 1118 100.02.20.01.5722
0026/112718 5 Invoice PAPER TOWEL 10/29/2018 11/27/2018 21.01 1118 100.02.20.01.5722
0026/112718 6 Invoice FILE FOLDERS 10/29/2018 11/27/2018 22.16 1118 100.02.20.01.5701
0026/112718 7 Invoice CA SUPPLIES FOR DRINKING CLA 10/29/2018 11/27/2018 40.44 1118 100.02.20.01.5721
0026/112718 8 Invoice DVD/ENVELOPES 10/29/2018 11/27/2018 97.22 1118 100.02.20.01.5701
0026/112718 9 Invoice CALENDAR REFILL 10/29/2018 11/27/2018 11.84 1118 100.02.20.01.5701
0026/112718 10 Invoice CANDY TRUNK OR TREAT 10/29/2018 11/27/2018 86.44 1118 100.02.20.01.5722
0026/112718 11 Invoice SPOONS/FORKS KITCHEN SUPPL 10/29/2018 11/27/2018 33.98 1118 100.02.20.01.5722
0042/112718 1 Invoice WATER SAMPLES 10/29/2018 11/27/2018 118.80 1118 605.53.06.31.5702
0042/112718 2 Invoice SHOP SUPPLIES 10/29/2018 11/27/2018 236.15 1118 601.61.61.15.5415
0042/112718 3 Invoice SHOP SUPPLIES 10/29/2018 11/27/2018 236.15 1118 605.54.06.41.5415
0067/112718 1 Invoice CDWG-DPW PROJECT 10/29/2018 11/27/2018 270.33 1118 401.08.93.51.6550
0067/112718 2 Invoice AMAZON WEB SERVICES-MO. CH 10/29/2018 11/27/2018 107.27 1118 100.01.14.00.5507
0067/112718 3 Invoice ESRI- TRAINING TYLER 10/29/2018 11/27/2018 1,725.00 1118 100.01.14.00.5301
0067/112718 4 Invoice CDWG-ELECTION SUPPLIES-LAB 10/29/2018 11/27/2018 279.40 1118 100.01.06.00.5704
0067/112718 5 Invoice AMAZON-ELECTIONS-TAPE 10/29/2018 11/27/2018 51.48 1118 100.01.06.00.5704
0067/112718 6 Invoice PD- LAPTOP ACCESSORIES 10/29/2018 11/27/2018 105.97 1118 100.07.01.06.6501
0067/112718 7 Invoice AMAZON- ELECTIONS SUPPLIES-I 10/29/2018 11/27/2018 20.42 1118 100.01.06.00.5704
0067/112718 8 Invoice ESRI- CONFERENCE-TYLER (EWU 10/29/2018 11/27/2018 150.00 1118 100.01.14.00.5303
0067/112718 9 Invoice PAYPAL- DRONE CLASS- TYLER 10/29/2018 11/27/2018 299.00 1118 100.01.14.00.5301
0067/112718 10 Invoice ADOBE- DRONE EDITING 10/29/2018 11/27/2018 22.06 1118 100.02.20.01.5504
0067/112718 11 Invoice KALAHARI- BARB CONFERENCE- 10/29/2018 11/27/2018 15.81 1118 100.01.14.00.5303
0067/112718 12 Invoice KALAHARI- BARB CONFERENCE- 10/29/2018 11/27/2018 10.05 1118 100.01.14.00.5303
0286/112718 1 Invoice LEXISNEXIS SUBSCRIPTION 10/29/2018 11/27/2018 289.63 1118 100.01.05.00.5305
2965/112718 1 Invoice ADAM T - HOTEL ROOM FOR OCT 10/29/2018 11/27/2018 124.00 1118 100.06.18.01.5303
3469/112718 1 Invoice GOLF PENCILS, COIN COUNTER 10/29/2018 11/27/2018 228.48 1118 100.05.71.00.5701
3469/112718 2 Invoice KIDS AREA - RUG FOR STORYTIM 10/29/2018 11/27/2018 599.95 1118 410.08.90.71.6508
3469/112718 3 Invoice 1ST LIBRARY CARD PROGRAM S 10/29/2018 11/27/2018 33.19 1118 100.05.71.00.6062
3871/112718 1 Invoice ELKE WLA CONF (MEALS/HOTEL) 10/29/2018 11/27/2018 306.17 1118 100.05.71.00.5303
3871/112718 2 Invoice CRAFTERNOON SUPPLIES 10/29/2018 11/27/2018 33.07 1118 100.05.71.00.6062
3871/112718 3 Invoice SUPPLIES 10/29/2018 11/27/2018 4.49 1118 100.05.71.00.5701
3897/112718 1 Invoice AV 10/29/2018 11/27/2018 604.41 1118 100.05.71.02.5711
3897/112718 2 Invoice REPLACEMENT 10/29/2018 11/27/2018 68.50 1118 100.05.71.00.5774
3905/112718 1 Invoice FOL - YA PROGRAMMING 10/29/2018 11/27/2018 25.37 1118 100.05.71.00.6062
3905/112718 2 Invoice FOL - KIDS PROGRAMMING 10/29/2018 11/27/2018 78.89 1118 100.05.71.00.6062
3905/112718 3 Invoice ELECTRONIC MATERIALS 10/29/2018 11/27/2018 328.40 1118 100.05.71.03.5711
3905/112718 4 Invoice PRINT 10/29/2018 11/27/2018 58.40 1118 100.05.71.01.5711
3913/112718 1 Invoice AV 10/29/2018 11/27/2018 546.29 1118 100.05.71.02.5711
3913/112718 2 Invoice FOL - CHILDREN'S PROGRAMMIN 10/29/2018 11/27/2018 209.97 1118 100.05.71.00.6062
3913/112718 3 Invoice PRINT 10/29/2018 11/27/2018 92.90 1118 100.05.71.01.5711
Page 4 of 9
Voucher Report
Packet Page 55
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4
Report dates: 11/14/2018-11/27/2018 Nov 20, 2018 10:26AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
3913/112718 4 Invoice ABBY WLA CONFERENCE (REGIS 10/29/2018 11/27/2018 498.00 1118 100.05.71.00.5303
3921/112718 1 Invoice HUNTER SAFETY CLASS CERTIFI 10/29/2018 11/27/2018 200.00 1118 100.05.72.14.5110
3921/112718 2 Invoice FISHING CLINIC LUNCH AND PRIZ 10/29/2018 11/27/2018 61.04 1118 100.05.72.13.5702
4273/112718 1 Invoice CITY HALL MAINTENANCE 10/29/2018 11/27/2018 23.98 1118 100.01.09.00.5415
4273/112718 2 Invoice POLICE RANGE 10/29/2018 11/27/2018 38.12 1118 100.02.20.01.6023
4273/112718 3 Invoice CITY HALL SUPPLIES 10/29/2018 11/27/2018 10.00 1118 100.01.06.00.5704
6947/112718 1 Invoice LP 10/29/2018 11/27/2018 31.00 1118 100.04.51.07.5735
6947/112718 2 Invoice PARKS SUPPLIES 10/29/2018 11/27/2018 481.14 1118 100.04.51.11.5731
6947/112718 3 Invoice BLDG SUPPLIES 10/29/2018 11/27/2018 1,709.48 1118 100.04.51.08.5415
7106/112718 1 Invoice RETURN/CREDIT 10/29/2018 11/27/2018 2.97- 1118 100.02.20.01.5722
7106/112718 2 Invoice WATER/ICE TRAINING 10/29/2018 11/27/2018 9.95 1118 100.02.20.01.5722
7106/112718 3 Invoice TIRE FIX 10/29/2018 11/27/2018 10.28 1118 100.02.20.01.5722
7106/112718 4 Invoice TRICK OR TREAT CANDY 10/29/2018 11/27/2018 130.06 1118 100.02.20.01.5722
7106/112718 5 Invoice SD CARD READER 10/29/2018 11/27/2018 16.88 1118 100.02.20.01.5722
9978/112718 1 Invoice PLAN COMMISSION WORKSHOP - 10/29/2018 11/27/2018 40.00 1118 100.01.01.00.5303
9986/112718 1 Invoice SUSAN'S ROOM FOR CONFEREN 10/29/2018 11/27/2018 246.00 1118 100.01.08.00.5303
9994/112718 1 Invoice SARTORIUS TRAINING/LANGE TR 10/29/2018 11/27/2018 1,082.13 1118 100.02.20.01.5301
Total FIRST BUSINESS:12,288.91
FOX RIVER CHRISTIAN CHURCH
FO112718-ELE 1 Invoice FALL GENERAL ELECTION CUSTO 11/13/2018 11/27/2018 50.00 1118 100.01.03.00.5704
Total FOX RIVER CHRISTIAN CHURCH:50.00
GRAPHIC INNOVATIONS, LLC
1921 1 Invoice FALL JOINT NEWSLETTER - CITY 10/23/2018 11/27/2018 1,765.28 1118 100.01.06.00.6001
Total GRAPHIC INNOVATIONS, LLC:1,765.28
HEARTLAND BUSINESS SYSTEMS
285986-H 1 Invoice VEEAM BACKUP -1 YEAR RENEW 10/26/2018 11/27/2018 1,320.00 1118 100.01.14.00.5507
287451-H 1 Invoice VMWARE 11/06/2018 11/27/2018 65.00 1118 100.01.14.00.5507
287452-H 1 Invoice NETWORK SAN SUPPORT 11/06/2018 11/27/2018 8,300.66 1118 100.01.14.00.5507
Total HEARTLAND BUSINESS SYSTEMS:9,685.66
HSI PROPERTIES, LLC
HS112718-EN 1 Invoice REIMBURSEMENT FOR WATERMA 11/13/2018 11/27/2018 9,396.00 1118 605.00.00.00.1967
Total HSI PROPERTIES, LLC:9,396.00
HUMPHREY SERVICE PARTS
1190687 1 Invoice VALVE 10/30/2018 11/27/2018 60.54 1118 100.04.51.07.5405
Total HUMPHREY SERVICE PARTS:60.54
ISA
IS112718-ENG 1 Invoice TOM ZAGAR ISA RENEWAL 11/14/2018 11/27/2018 180.00 1118 215.06.00.00.5305
Total ISA:180.00
KUJAWA ENTERPRISES INC.
120493 1 Invoice NOV PLANT MAINT 11/03/2018 11/27/2018 61.00 1118 100.05.71.00.5415
Total KUJAWA ENTERPRISES INC.:61.00
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Voucher Report
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CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5
Report dates: 11/14/2018-11/27/2018 Nov 20, 2018 10:26AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
LAMB'S NURSERY
9938 1 Invoice ARBOR VITAES FOR TATYANA'S Y 11/04/2018 11/27/2018 1,500.00 1118 401.08.91.19.6503
Total LAMB'S NURSERY:1,500.00
LANDMARK STUDIO, LTD
15333 1 Invoice BENCH 11/06/2018 11/27/2018 3,645.00 1118 100.04.51.08.5415
Total LANDMARK STUDIO, LTD:3,645.00
LEGACY RECYCLING
1553 1 Invoice EMERALD PARK LANDFILL OCT 20 11/12/2018 11/27/2018 1,207.59 1118 205.03.00.00.5820
Total LEGACY RECYCLING:1,207.59
MARTIN FORD SALES, INC
T111109 1 Invoice CORE & RADIO 11/06/2018 11/27/2018 525.00 1118 601.61.61.21.5306
T111163 1 Invoice CORE CREDIT 11/09/2018 11/27/2018 300.00- 1118 601.61.61.21.5306
Total MARTIN FORD SALES, INC:225.00
MENARDS
51059 1 Invoice GLOVES/RECYCLE BIN 11/06/2018 11/27/2018 67.41 1118 215.06.00.00.5704
Total MENARDS:67.41
MICROMARKETING LLC
744309 1 Invoice AV 10/25/2018 11/27/2018 52.50 1118 100.05.71.02.5711
745570 1 Invoice AV 11/01/2018 11/27/2018 65.99 1118 100.05.71.02.5711
745606 1 Invoice AV 11/01/2018 11/27/2018 79.98 1118 100.05.71.02.5711
Total MICROMARKETING LLC:198.47
MIDWEST TAPE
96598655 1 Invoice AV 11/06/2018 11/27/2018 343.92 1118 100.05.71.02.5711
Total MIDWEST TAPE:343.92
MILW MET. SEWERAGE DISTRICT
MM112718-UT 1 Invoice 3RD QTR LANDFILL 11/15/2018 11/27/2018 8,648.43 1118 601.61.61.03.6072
Total MILW MET. SEWERAGE DISTRICT:8,648.43
MIT RENTAL, LLC
13069 1 Invoice CONTAINER RENTAL 11/04/2018 11/27/2018 198.00 1118 100.04.51.07.5410
Total MIT RENTAL, LLC:198.00
MUSKEGO CHAMBER OF COMMERCE
6117 1 Invoice ANNUAL MEMBERSHIP RENEWAL 11/12/2018 11/27/2018 325.00 1118 100.01.01.00.5305
Total MUSKEGO CHAMBER OF COMMERCE:325.00
MUSKEGO TIRE & AUTO LLC
1-98626 1 Invoice MAINTENANCE VEHICLE SERVICE 11/08/2018 11/27/2018 580.63 1118 100.01.09.00.5405
Total MUSKEGO TIRE & AUTO LLC:580.63
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CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6
Report dates: 11/14/2018-11/27/2018 Nov 20, 2018 10:26AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
NAPA AUTO PARTS
5266-234294 1 Invoice SOBECK GENERATOR 11/05/2018 11/27/2018 32.16 1118 601.61.61.16.5411
5266-234583 1 Invoice 2015 TAHOE 11/08/2018 11/27/2018 185.57 1118 100.02.20.01.5405
Total NAPA AUTO PARTS:217.73
NAVIANT
0136438-IN 1 Invoice ONBASE 11/07/2018 11/27/2018 287.50 1118 209.01.00.00.6050
Total NAVIANT:287.50
OCCUPATIONAL HEALTH CENTERS
102870432 1 Invoice HEARING TESTS 11/07/2018 11/27/2018 213.00 1118 100.01.06.00.6021
Total OCCUPATIONAL HEALTH CENTERS:213.00
OLD DOMINION BRUSH
6324820 1 Invoice LEAF SUCKER TRAILER 08/30/2018 11/27/2018 28,929.63 1118 410.08.93.51.6526
Total OLD DOMINION BRUSH:28,929.63
OSORIO-SANCHEZ, RODRIGO
15321 1 Invoice COURT ORDERED REFUND 11/15/2018 11/27/2018 548.00 1118 100.01.08.00.4269
Total OSORIO-SANCHEZ, RODRIGO:548.00
PARTSMASTER
23349031 1 Invoice SUPPLIES 10/31/2018 11/27/2018 221.12 1118 100.04.51.05.5704
23349032 1 Invoice SUPPLIES 10/31/2018 11/27/2018 283.41 1118 100.04.51.05.5704
Total PARTSMASTER:504.53
PENGUIN RANDOM HOUSE LLC
1084064146 1 Invoice AV 11/02/2018 11/27/2018 45.00 1118 100.05.71.02.5711
1084119357 1 Invoice AV 10/30/2018 11/27/2018 50.00 1118 100.05.71.02.5711
1084129885 1 Invoice AV 11/02/2018 11/27/2018 45.00 1118 100.05.71.02.5711
1084325587 1 Invoice AV 11/07/2018 11/27/2018 130.00 1118 100.05.71.02.5711
1084363645 1 Invoice AV 11/08/2018 11/27/2018 268.00 1118 100.05.71.02.5711
Total PENGUIN RANDOM HOUSE LLC:538.00
R.S. PAINT & TOOLS LLC
103272 1 Invoice PAINT LOCATOR 11/08/2018 11/27/2018 100.20 1118 601.61.63.43.5801
103272 2 Invoice PAINT LOCATOR 11/08/2018 11/27/2018 100.20 1118 605.54.06.41.5870
Total R.S. PAINT & TOOLS LLC:200.40
REINDERS INC.
2584767-00 1 Invoice MARKING CHALK 06/28/2018 11/27/2018 237.74 1118 202.08.94.74.6572
2584767-00 2 Invoice MARKING CHALK 06/28/2018 11/27/2018 16.51 1118 202.08.94.74.6571
2584767-00 3 Invoice MARKING CHALK 06/28/2018 11/27/2018 29.72 1118 202.08.94.74.6570
2584767-00 4 Invoice MARKING CHALK 06/28/2018 11/27/2018 66.04 1118 202.08.94.74.6575
2584767-00 5 Invoice MARKING CHALK 06/28/2018 11/27/2018 310.39 1118 202.08.94.74.6530
Total REINDERS INC.:660.40
RELIANCE BARCODE SOLUTIONS
5820 1 Invoice BAR CODE LABELS 11/08/2018 11/27/2018 518.60 1118 100.05.71.00.5702
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CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7
Report dates: 11/14/2018-11/27/2018 Nov 20, 2018 10:26AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total RELIANCE BARCODE SOLUTIONS:518.60
RUNDLE-SPENCE
S2713212.001 1 Invoice MANIFORLD STN 11/06/2018 11/27/2018 351.54 1118 601.61.61.16.5411
S2713507.001 1 Invoice BALL VALVE 11/07/2018 11/27/2018 61.62 1118 601.61.61.16.5411
Total RUNDLE-SPENCE :413.16
SHERPERS INC.
AAC018713 1 Invoice KAYAK AND STAND-UP PADDLEBO 04/10/2018 11/27/2018 2,551.88 1118 100.05.72.10.5702
Total SHERPERS INC.:2,551.88
SPOK
B0282335W 1 Invoice PAGERS 10/31/2018 11/27/2018 8.15 1118 601.61.63.42.5701
B0282335W 2 Invoice PAGERS 10/31/2018 11/27/2018 8.15 1118 605.56.09.21.5607
Total SPOK:16.30
ST. PAULS EV. LUTHERAN CHURCH
ST112718-ELE 1 Invoice FALL GENERAL ELECTION CUSTO 11/13/2018 11/27/2018 50.00 1118 100.01.03.00.5704
Total ST. PAULS EV. LUTHERAN CHURCH:50.00
TAPCO INC.
I620004 1 Invoice SIGNS 11/06/2018 11/27/2018 7,074.20 1118 100.04.51.03.5743
I620133 1 Invoice SIGNS 11/07/2018 11/27/2018 3,412.35 1118 100.04.51.03.5743
Total TAPCO INC.:10,486.55
THE ALSTAR CO INC
11608 1 Invoice TRK 7 11/09/2018 11/27/2018 264.00 1118 100.04.51.07.5405
11632 1 Invoice LEAF SUCKER 11/12/2018 11/27/2018 298.00 1118 100.04.51.07.5405
Total THE ALSTAR CO INC:562.00
TIAA COMMERCIAL FINANCE, INC.
5717118 1 Invoice 12/1-12/31/18 STAFF PRINTER LEA 11/10/2018 11/27/2018 336.55 1118 100.05.71.00.5401
Total TIAA COMMERCIAL FINANCE, INC.:336.55
TUDOR OAKS
TU112718-ELE 1 Invoice FALL GENERAL ELECTION CUSTO 11/13/2018 11/27/2018 50.00 1118 100.01.03.00.5704
Total TUDOR OAKS:50.00
U.S. CELLULAR
0276535141 1 Invoice MONTHLY CHARGE- PLANNING 10/28/2018 11/27/2018 25.00 1118 100.06.18.01.5601
0276535141 2 Invoice MONTHLY CHARGE- POLICE 10/28/2018 11/27/2018 621.59 1118 100.02.20.01.5604
0276535141 3 Invoice MONTHLY CHARGE- WATER SCA 10/28/2018 11/27/2018 70.00 1118 605.56.09.21.5607
0276535141 4 Invoice MONTHLY CHARGE- SEWER SCA 10/28/2018 11/27/2018 70.00 1118 601.61.63.42.5606
0276535141 5 Invoice MONTHLY CHARGE- IS 10/28/2018 11/27/2018 60.00 1118 100.01.14.00.5601
0276535141 6 Invoice MONTHLY CHARGE- ENGINEERIN 10/28/2018 11/27/2018 25.00 1118 100.04.19.00.5601
0276535141 7 Invoice MONTHLY CHARGE- LIBRARY 10/28/2018 11/27/2018 25.00 1118 100.05.71.00.5602
0276535141 8 Invoice MONTHLY CHARGE- FINANCE 10/28/2018 11/27/2018 25.00 1118 100.01.03.00.5601
0276535141 9 Invoice MONTHLY CHARGE- DPW 10/28/2018 11/27/2018 70.00 1118 100.04.51.01.5605
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CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8
Report dates: 11/14/2018-11/27/2018 Nov 20, 2018 10:26AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total U.S. CELLULAR:991.59
USA BLUE BOOK
719417 1 Invoice LOCATE SUPPLIES 10/24/2018 11/27/2018 206.47 1118 601.61.63.43.5801
719417 2 Invoice LOCATE SUPPLIES 10/24/2018 11/27/2018 206.47 1118 605.54.06.41.5870
720586 1 Invoice SOE HOG 10/25/2018 11/27/2018 53.95 1118 601.61.63.43.5801
723524 1 Invoice HOSE HOG CREDIT 10/29/2018 11/27/2018 53.95- 1118 601.61.63.43.5801
Total USA BLUE BOOK:412.94
WELDERS SUPPLY COMPANY
10034260 1 Invoice MO RENTAL 10/31/2018 11/27/2018 6.65 1118 100.04.51.07.5405
Total WELDERS SUPPLY COMPANY:6.65
WI STATE LAB OF HYGIENE
568802 1 Invoice SAMPLING 10/31/2018 11/27/2018 361.00 1118 605.56.09.23.5865
Total WI STATE LAB OF HYGIENE:361.00
WIND LAKE AUTO PARTS
1975/112718 1 Invoice TRK 9,18,15,LEAF SUCKER 10/31/2018 11/27/2018 519.48 1118 100.04.51.07.5405
1975/112718 2 Invoice TRK 26 & 29 10/31/2018 11/27/2018 78.77 1118 601.61.61.21.5306
Total WIND LAKE AUTO PARTS:598.25
WISCONSIN DEPT OF JUSTICE - CIB
G2451/112718 1 Invoice BACKGROUND CHECKS - PRESC 10/31/2018 11/27/2018 35.00 1118 100.05.72.16.6002
Total WISCONSIN DEPT OF JUSTICE - CIB:35.00
WISCONSIN VISION, INC.
1167763 1 Invoice GLASSES - HENNEBERRY 10/05/2018 11/27/2018 295.00 1118 100.04.51.01.5228
Total WISCONSIN VISION, INC.:295.00
WONDERWARE MIDWEST
Q17289 1 Invoice RENEW CONTRACT 11/12/2018 11/27/2018 1,149.50 1118 601.61.63.42.5509
Q17289 2 Invoice RENEW CONTRACT 11/12/2018 11/27/2018 1,149.50 1118 605.56.09.23.5620
Total WONDERWARE MIDWEST:2,299.00
Grand Totals: 193,081.76
Report Criteria:
Detail report.
Invoices with totals above $0 included.
Paid and unpaid invoices included.
[Report].Description = {<>} "1099 adjustment"
Invoice Detail.Type = {>} "adjustments"
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