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COMMON COUNCIL Packet - 12/11/2018CITY OF MUSKEGO COMMON COUNCIL AGENDA 12/11/2018 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 the petition of Doug and Julie Meinen (D & J and Sons LLC) to rezone property known as Tax Key No. 2259.981.002, vacant land located on North Cape Road from B-4 - Highway Business District to M-1 - Light Industrial District for the purpose of allowing the construction of a new building for their concrete foundation business. The 2020 Comprehensive Plan also needs to be amended from Business use to Industrial use. CONSENT AGENDA Approval of Common Council Minutes - November 27, 2018 Approval of Operator Licenses Resolution #100-2018 - Approval of a Certified Survey Map - Dillett Resolution #101-2018 - Approval of a Certified Survey Map - Heinrich Resolution #102-2018 - Approval of a Certified Survey Map - Jiffy Lube Resolution #103-2018 - Approval of Developer's Agreement between Machi Properties BV, LLC and the City of Muskego (Harvest Court) Resolution #104-2018 - Approval of Agreement with HydroCorp for a Cross Connection Control Program NEW BUSINESS UNFINISHED BUSINESS Packet Page 1 Common Council Agenda 2 12/11/2018 6:00:00 PM 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). Second Reading. REVIEW OF COMMITTEE REPORTS Finance Committee - November 13, 2018 Plan Commission - November 8, 2018 FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED Ordinance #1426 - An Ordinance to Amend Chapter 30, Section 30-1, of the Municipal Code of the City of Muskego (Polling Places) Ordinance #1427 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego (B-4 to M-1 - Meinen/D & J and Sons LLC) LICENSE APPROVAL Approval of "Class B" Retailer's License for the Sale of Fermented Malt Beverages and Intoxicating Liquor for Outside Inn with Bacon LLC, S74 W17096 Janesville Road, Agent Jennine Paoli. Outside area licensed until close. 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 - Packet Page 2 Common Council Agenda 3 12/11/2018 6:00:00 PM Alderman Madden CLOSED SESSION 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: Sons of Union Veterans of the Civil War, Department of Wisconsin, Colonel Hans C. Heg Camp #15, c/o Jeffrey M. Graf, et al. vs. City of Muskego, Waukesha County Case #17-CV-000606 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. OPEN SESSION FUTURE AGENDA ITEMS ADJOURNMENT 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. Packet Page 3 I0450900225FeetScale: Legend Affec ted Area Prop erties within 300 ft M unic ip a l Bound a ry Right-of-Wa y Pa rc els Struc tures La ke C i t y o f M u s k e g o C i t y o f F r a n k l i n N o r t h C a p e R o a d Loom i s D r . CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE tha t the Com m on Counc il of the City of M uskego will hold a Pub lic Hea ring a t 6:00 PM , or shortly therea fter, on Tuesd a y, Dec em b er 11, 2018, a t M uskego City Ha ll, W182 S8200 Ra c ine Avenue, to c onsid er the following: U p on the p etition of Doug & Julie M einen (of D & J a nd Sons LLC.) sha ll the following a rea d esc rib ed a s: Ta x Key No. 2259.981.002 / V a c a nt – North Ca p e Roa d Be gra nted a rezoning from B-4 – Highwa y Business Distric t to a M -1 – Light Ind ustria l Distric t for the p urp ose of a llowing the c onstruc tion of a new b uild ing for their c onc rete found a tion b usiness on the p rop erty. The 2020 Com p rehensive Pla n a lso need s to b e a m end ed from Business use to Ind ustria l use. The p etitioner’s a p p lic a tion is a va ila b le for p ub lic insp ec tion a t the City of M uskego Pla nning Division offic e. All interested p a rties will b e given a n op p ortunity to b e hea rd . Pla n Com m ission City of M uskego Pub lish in the M uskego NOW Newsp a p er on Oc tob er 31, 2018 a nd Novem b er 7, 2018. Da ted this 23 rd d a y of Oc tob er, 2018. NOTICE IT IS POSSIBLE THAT M EM BERS, AND POSSIBLY A QU ORU M OF M EM BERS, OF OTHER GOV ERNM ENTAL BODIES OF THE M U NICIPALITY M AY BE IN ATTENDANCE AT THE ABOV E-STATED M EETING TO GATHER INFORM ATION. NO ACTION WILL BE TAKEN BY ANY GOV ERNM ENTAL BODY AT THE ABOV E-STATED M EETING OTHER THAN THE GOV ERNM ENTAL BODY SPECIFICALLY REFERRED TO ABOV E IN THIS NOTICE. NOTICE Also, up on rea sona b le notic e, efforts will b e m a d e to a c c om m od a te the need s of d isa b led ind ivid ua ls through a p p rop ria te a id s a nd servic es. For a d d itiona l inform a tion, or to request this servic e, c onta c t M uskego City Ha ll a t 262-679-4145. STH 3 6 Loomi s R d . Page 1 of 2 To consider the petition of Doug and Julie Meinen (D & J... Packet Page 4 CITY OF MUSKEGO Staff Report to Common Council December 11, 2018 Meeting To: Common Council From: Adam Trzebiatowski, AICP Subject: D & J and Sons LLC. Rezoning (B-4 to M-1) & 2020 Comprehensive Plan Amendment (Commercial to Industrial) Date: December 6, 2018 Background Information: The petitioners, Doug and Julie Meinen of D & J and Sons LLC., are applying to rezone their property located on the east side of North Cape Road (Tax Key No. 2259.981.002) in the southeastern part of the City from B-4 – Highway Business District to M-1 – Light Industrial District. The M-1 district allows minimum lot sizes of 40,000 SF with a minimum average width of 150 feet. The 2020 Comprehensive Plan identifies this area for Commercial uses and as part of this request the plan would be amended to Industrial uses to support the M-1 zoning. The petitioners are requesting this rezoning in order to be allowed to build a new building for their concrete foundation business, which includes some trucking. The total lot area is about 3.27 acres in size. Page 2 of 2 To consider the petition of Doug and Julie Meinen (D & J... Packet Page 5 Unapproved CITY OF MUSKEGO COMMON COUNCIL MINUTES November 27, 2018 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 6:00 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, Recreation Manager Dunn 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 No one registered to speak. PUBLIC HEARING The Deputy Clerk read the public hearing notice to consider the petition of The Commonwealth Companies to rezone property known as Tax Key No. 2193.104 located at 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. Mr. Trzebiatowski stated the petition is to rezone the existing Muskego Elementary School property into 22 senior housing units and 18 townhouse style units. The petition is to rezone the property from I-1 to a Planned Development District based on the RM-1 – Multiple Family Residence District. It is the intent of the developer to preserve the existing school and its character. The reason for the PD zoning request is that the petitioner proposes 22 units in one building. The RM-1 zoning only allows up to 16 units in one building. Otherwise, the developer is meeting all of the RM-1 requirements as far as density. So a total of 40 units are proposed to be contained in three buildings. A total of 48 units could actually be allowed on the site. The rezoning would be subject to approval of a Building, Site and Operation Plan. The following individuals spoke: Elayne Maas, W175 S7486 Park Drive Dennis Kaminski, W175 S7510 Park Drive Mike Bartholomew, S74 W17381 Richard Lane Joan Kaminski, W175 S7526 Park Drive Adam Scheuerman, W175 S7479 Park Drive Jerry Coubal, S74 W17407 Richard Lane Charlotte Coubal, S74 W17407 Richard Lane Page 1 of 3 Approval of Common Council Minutes - November 27,... Packet Page 6 Common Council Minutes 2 November 27, 2018 The following comments were made: Buildings are too large in size for the single-family neighborhood. Prefer the property have a park and/or playground. Run-off from the school is an issue. What is the tax impact? No additional senior facilities are needed. Traffic concerns. Height of the buildings. Opposes Comprehensive Plan amendment. Lake rights have been taken away. Mr. Kevin McDonell spoke on behalf of The Commonwealth Companies. He noted the following: The company is excited about the proposed project to reuse the school. The property will go back to the tax base. They will work close with City staff to ensure that the development fits with the surrounding area. The demand for senior housing is strong. The Mayor declared the hearing closed at 6:23 p.m. CONSENT AGENDA Alderperson Kubacki moved to approve. Alderperson Madden seconded; motion carried. The following were approved: Common Council Minutes – October 23, 2018 and November 13, 2018 Operator Licenses for Amanda Joski and Ryan Kaufman Resolution #098-2018 – Approval of Lease Agreement between the City of Muskego and Tess Corners Volunteer Fire Department Resolution #099-2018 – Close the Dark Store Loopholes, Stop the Shift 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. Alderperson Madden moved to approve. Alderperson Kubacki seconded; motion carried. 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). Second Reading. Alderperson Borgman moved to approve. Alderperson Engelhardt seconded; motion carried. REVIEW OF COMMITTEE REPORTS Finance Committee – October 23, 2018 FIRST READING OF ORDINANCES 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. Page 2 of 3 Approval of Common Council Minutes - November 27,... Packet Page 7 Common Council Minutes 3 November 27, 2018 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. Alderperson Wolfe moved to approve subject to subject to the City Attorney receiving confirmation that the landlord approves that alcohol will be on the premises. Alderperson Madden seconded; motion carried. VOUCHER APPROVAL Utility Vouchers Alderperson Wolfe made a motion to approve Utility Vouchers in the amount of $26,092.62. Alderperson Kubacki seconded; motion carried. General Fund Vouchers Alderperson Wolfe made a motion to approve General Fund Vouchers in the amount of $166,989.14. 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 $465,197.81. Alderperson Hammel seconded; motion carried. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW None FUTURE AGENDA ITEMS Alderperson Hammel requested an update regarding the Parkland Towne Center. ADJOURNMENT Alderperson Wolfe made a motion to adjourn at 6:27 p.m. Alderperson Engelhardt seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk. Page 3 of 3 Approval of Common Council Minutes - November 27,... Packet Page 8 OPERATOR LICENSE APPROVALS COMMON COUNCIL – 12/11/2018 Trisha Bierbach Rachele Boehler Laurie Lazarski Breaire Neta T:\Departments\FinanceAdmin\Clerk\Licenses\Oper Lic Approval Lists\2018 Page 1 of 1 Approval of Operator Licenses Packet Page 9 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #100-2018 APPROVAL OF CERTIFIED SURVEY MAP Dillett WHEREAS, A certified survey map was submitted by Tim Dillett to finalize a two-lot land division located at W145 S7644 Durham Drive (Tax Key Number 2204.998); and WHEREAS, The Plan Commission adopted Resolution #P.C. 061-2018 recommending approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the certified survey map to finalize a two-lot land division for the Dillett property located on Durham Drive subject to the conditions outlined in Resolution #P.C. 061-2018. BE IT FURTHER RESOLVED That this approval is subject to receipt of all fees required by Section 392.13 of the Land Division Ordinance, any special assessments which may be due, payment of any unpaid taxes, and approval of the City Engineer. BE IT FURTHER RESOLVED That a digital file of this certified survey map shall be submitted to the City in accordance with Common Council Ordinance #1118 and Resolution #196-2002. DATED THIS 11TH DAY OF DECEMBER, 2018. SPONSORED BY: Ald. Kevin Kubacki This is to certify that this is a true and accurate copy of Resolution #100-2018 which was adopted by the Common Council of the City of Muskego. ________________________________ Clerk-Treasurer 12/2018jmb Page 1 of 8 Resolution #100-2018 - Approval of a Certified Survey... Packet Page 10 Page 2 of 8 Resolution #100-2018 - Approval of a Certified Survey... Packet Page 11 Page 3 of 8 Resolution #100-2018 - Approval of a Certified Survey... Packet Page 12 Page 4 of 8 Resolution #100-2018 - Approval of a Certified Survey... Packet Page 13 Page 5 of 8 Resolution #100-2018 - Approval of a Certified Survey... Packet Page 14 City of Muskego Plan Commission Supplement PC 061-2018 For the meeting of: December 4, 2018 REQUEST: Two (2) Lot Land Division W145 S7644 Durham Drive / Tax Key No. 2204.998 SE ¼ of Section 11 PETITIONER: Tim Dillett INTRODUCED: December 4, 2018 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 061-2018 The petitioner is proposing to divide one parcel to create two lots by Certified Survey Map. The proposed lots are 43,454 SF (0.997 acres) and 133,285 SF (3.06 acres) in size. PLAN CONSISTENCY PC 061-2018 Comprehensive Plan: The 2020 Plan depicts the area for medium density residential uses (1 – 2.99 units/acre). The proposal for a single-family land split is consistent with the Plan. Zoning: The property is zoned RS-2 Suburban Residence District, which requires a minimum lot size of 20,000 square feet and average lot width of 110 feet. The proposal is consistent with the Plan. Parks and Conservation Plan: The 2017-2021 Plan does not depict any park or conservation areas on this property. Also, all trails shown on the trail plan for this area have already been installed. Street System Plan: All required right-of-way is being dedicated as required. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: All lots will be served by municipal sanitary sewer. The developer will need to extend sewer to all lots within the CSM, along with the existing adjacent lot at the northeast corner of Durham Drive and McShane Drive. The proposal is consistent with the Plan. Water Capacity Assessment District: The lots will be served by municipal water. The developer will need to extend water to all lots within the CSM. The proposal is consistent with the Plan. Stormwater Management Plan: A grading plan will need to be submitted as part of the division for the new lot. DISCUSSION PC 061-2018 Page 6 of 8 Resolution #100-2018 - Approval of a Certified Survey... Packet Page 15 Upon review of the CSM, the bulk requirements of the code appear to be met. There are some technical corrections that need to be addressed before the CSM can be signed by the City and recorded. One of the more important items that needs to be completed as part of this project is the extension of municipal sanitary sewer and municipal water at the developers expense. The sanitary sewer extension will service the two lots that are part of the CSM, along with the existing adjacent lot/house at the northeast corner of Durham Drive and McShane Drive. The water extension will service the two lots that are part of the CSM. These public utility extensions may also need to have easements placed over them. Staff recommends approval subject to meeting all items noted above and all technical corrections received from the Engineering Division. The Resolution is drafted accordingly. STAFF RECOMMENDATION PC 061-2018 Approval of Resolution PC 061-2018 Page 7 of 8 Resolution #100-2018 - Approval of a Certified Survey... Packet Page 16 RESOLUTION #P.C. 061-2018 APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE DILLETT PROPERTY LOCATED AT W145 S7644 DURHAM DRIVE / TAX KEY NO. 2204.998 WHEREAS, A Certified Survey Map (CSM) was submitted by Tim Dillett for a two (2) lot land division located at W145 S7644 Durham Drive / Tax Key No. 2204.998, and WHEREAS, The proposed lots are 43,454 SF (0.997 acres) and 133,285 SF (3.06 acres) in size, and WHEREAS, The property is zoned RS-2 Suburban Residence District, which requires a minimum lot size of 20,000 square feet and average lot width of 110 feet, when serviced by municipal sanitary sewer, and WHEREAS, The 2020 Plan depicts the area for medium density residential use and the proposal is consistent with the plan, and WHEREAS, All lots will be serviced by municipal sanitary sewer and municipal water, and WHEREAS, Said public utilities will need to be extended at the cost of the developer, and WHEREAS, The existing adjacent lot/house at the northeast corner of Durham Drive and McShane Drive will also have to be serviced with said utilities. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Tim Dillett for a two (2) lot land division located at W145 S7644 Durham Drive / Tax Key No. 2204.998 subject to resolution of technical discrepancies as identified by the City Engineers, and payment of all applicable fees and outstanding assessments if applicable. BE IT FURTHER RESOLVED, A soil boring/test must be conducted to determine the highest anticipated seasonal ground water level and reports of the findings must be provided to the City for review. BE IT FURTHER RESOLVED, Easements will need to be established to protect the public utility extensions. BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the Certified Survey Map can be signed and recorded. BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. Plan Commission City of Muskego Adopted: December 4, 2018 Defeated: Deferred: Introduced: December 4, 2018 ATTEST: Adam Trzebiatowski, Planning Manager Page 8 of 8 Resolution #100-2018 - Approval of a Certified Survey... Packet Page 17 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #101-2018 APPROVAL OF CERTIFIED SURVEY MAP Heinrich WHEREAS, A certified survey map was submitted by Frank Heinrich to finalize a four- lot land division located at S102 W16204 Heinrich Drive (Tax Key Number 2268.996); and WHEREAS, The Plan Commission adopted Resolution #P.C. 065-2018 recommending approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the certified survey map to finalize a four-lot land division for the Heinrich property located on Heinrich Drive subject to the conditions outlined in Resolution #P.C. 065-2018. BE IT FURTHER RESOLVED That this approval is subject to receipt of all fees required by Section 392.13 of the Land Division Ordinance, any special assessments which may be due, payment of any unpaid taxes, and approval of the City Engineer. BE IT FURTHER RESOLVED That a digital file of this certified survey map shall be submitted to the City in accordance with Common Council Ordinance #1118 and Resolution #196-2002. DATED THIS 11TH DAY OF DECEMBER, 2018. SPONSORED BY: Ald. Kevin Kubacki This is to certify that this is a true and accurate copy of Resolution #101-2018 which was adopted by the Common Council of the City of Muskego. ________________________________ Clerk-Treasurer 12/2018jmb Page 1 of 13 Resolution #101-2018 - Approval of a Certified Survey... Packet Page 18 Page 2 of 13 Resolution #101-2018 - Approval of a Certified Survey... Packet Page 19 Page 3 of 13 Resolution #101-2018 - Approval of a Certified Survey... Packet Page 20 Page 4 of 13 Resolution #101-2018 - Approval of a Certified Survey... Packet Page 21 Page 5 of 13 Resolution #101-2018 - Approval of a Certified Survey... Packet Page 22 Page 6 of 13 Resolution #101-2018 - Approval of a Certified Survey... Packet Page 23 Page 7 of 13 Resolution #101-2018 - Approval of a Certified Survey... Packet Page 24 Page 8 of 13 Resolution #101-2018 - Approval of a Certified Survey... Packet Page 25 Page 9 of 13 Resolution #101-2018 - Approval of a Certified Survey... Packet Page 26 City of Muskego Plan Commission Supplement PC 065-2018 For the meeting of: December 4, 2018 REQUEST: Four (4) Lot Land Division - CSM S102 W16204 Heinrich Drive / Tax Key No. 2268.996 SE ¼ of Section 27 PETITIONER: Frank Heinrich INTRODUCED: December 4, 2018 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 065-2018 The petitioner is proposing to divide one parcel into four (4) separate lots by Certified Survey Map. The proposed lots range from 3.09 acres to 28.49 acres in size. Currently, Lots 3 and 4 are vacant, Lot 1 contains an outbuilding, and Lot 2 contains an existing home along with numerous farm buildings. PLAN CONSISTENCY PC 065-2018 Comprehensive Plan: The 2020 Plan depicts the area for rural density residential uses (< 0.49 units/acre). The proposal for a single-family/agricultural land split is consistent with the Plan. Zoning: The property is zoned A-1 Agricultural District, which requires a minimum lot size of 120,000 square feet (2.75 acres) and average lot width of 300 feet. All lots have at least 80 feet of frontage along a right- of-way, which is required by code. The proposal is consistent with the Plan. Parks and Conservation Plan: The 2017-2021 Plan does show some areas of medium and high conservation priorities on the property, but these areas are located within wetlands so they are already preserved. No proposed trails are shown on this property on the trail plan. Street System Plan: All required right-of-way is being dedicated as required. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: All lots will be served by private on-site septic or mound systems. The proposal is consistent with the Plan. Water Capacity Assessment District: The lots will be served by private water wells. The proposal is consistent with the Plan. Stormwater Management Plan:A grading plan will need to be submitted as part of the permitting of any new homes. Page 10 of 13 Resolution #101-2018 - Approval of a Certified Survey... Packet Page 27 DISCUSSION PC 065-2018 Upon review of the CSM, the bulk requirements of the code appear to be met. There are some technical corrections that need to be addressed before the CSM can be signed by the City and recorded. It was recently determined by the Public Works Committee that actual Heinrich Drive roadway does not need to be extended since only one additional home will front on the extended right-of-way and since there is an existing driveway leading to the home. Heinrich Drive also currently has a turn-around easement and a paved cul-du-sac that will continue to be utilized. The existing turn-around easement document needs to be provided to the City and reviewed to ensure that it is still valid and adequate. A few items that are identified in the resolution that need to be addressed with the CSM are as follows: A soil boring/test must be conducted to determine the highest anticipated seasonal ground water level and to see were/if the lots can have a mound/septic system and reports of the findings of those items must be provided to the City for review. The square footage of all outbuildings must be shown on the CSM to ensure that the lot is large enough to support the total outbuilding size. The outbuilding on Lot 1 will need to be removed within one (1) year of recording of the CSM unless a home is built on the property by that time Staff recommends approval subject to meeting all items noted above and all technical corrections received from the Engineering Division. The Resolution is drafted accordingly. STAFF RECOMMENDATION PC 065-2018 Approval of Resolution PC 065-2018 Page 11 of 13 Resolution #101-2018 - Approval of a Certified Survey... Packet Page 28 RESOLUTION #P.C. 065-2018 APPROVAL OF A FOUR LOT CERTIFIED SURVEY MAP FOR THE HEINRICH PROPERTY LOCATED AT S102 W16204 HEINRICH DRIVE / TAX KEY NO. 2268.996 WHEREAS, A Certified Survey Map (CSM) was submitted by Frank Heinrich for a four (4) lot land division located at S102 W16204 Heinrich Drive / Tax Key No. 2268.996, and WHEREAS, The proposed lots range in size from 134,886 SF (3.09 acres) to 1,241,128 SF (28.49 acres) in size, and WHEREAS, The property is zoned A-1 Agricultural District, which requires a minimum lot size of 120,000 square feet and average lot width of 300 feet, and WHEREAS, The 2020 Plan depicts the area for rural density residential use and the proposal is consistent with the plan, and WHEREAS, All lots will be serviced by private on-site septic/mound systems and private water wells, and WHEREAS, Lots 3 and 4 are vacant, Lot 1 contains an outbuilding, and Lot 2 contains an existing home along with numerous farm buildings, and WHEREAS, It was determined by the Public Works Committee that actual Heinrich Drive roadway does not need to be extended since only one additional home will front on the extended right-of-way and since there is an existing driveway leading to the home, and WHEREAS, Heinrich Drive also currently has a turn-around easement and a paved cul-du-sac that will continue to be utilized. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Frank Heinrich for a four (4) lot land division located at S102 W16204 Heinrich Drive / Tax Key No. 2268.996 subject to resolution of technical discrepancies as identified by the City Engineers, and payment of all applicable fees and outstanding assessments if applicable. BE IT FURTHER RESOLVED, A soil boring/test must be conducted to determine the highest anticipated seasonal ground water level and to see were/if the lots can have a mound/septic system and reports of the findings of those items must be provided to the City for review. BE IT FURTHER RESOLVED, The square footage of all outbuildings must be shown on the CSM to ensure that the lot is large enough to support the total outbuilding size. BE IT FURTHER RESOLVED, The outbuilding on Lot 1 will need to be removed within one (1) year of recording of the CSM unless a home is built on the property by that time. BE IT FURTHER RESOLVED, The existing turn-around easement document needs to be provided to the City and reviewed to ensure that it is still valid and adequate. BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the Certified Survey Map can be signed and recorded. BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. Plan Commission City of Muskego Adopted: December 4, 2018 Defeated: Deferred: Introduced: December 4, 2018 Page 12 of 13 Resolution #101-2018 - Approval of a Certified Survey... Packet Page 29 Page 2 ATTEST: Adam Trzebiatowski, Planning Manager Page 13 of 13 Resolution #101-2018 - Approval of a Certified Survey... Packet Page 30 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #102-2018 APPROVAL OF CERTIFIED SURVEY MAP Jiffy Lube WHEREAS, A certified survey map was submitted by Jiffy Lube to finalize a two-lot land division located at Commerce Center Parkway (Tax Key Number 2169.999.011); and WHEREAS, The Plan Commission amended and adopted Resolution #P.C. 060-2018 recommending approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the certified survey map to finalize a two-lot land division for the Jiffy Lube property located on Commerce Center Parkway subject to the conditions outlined in Resolution #P.C. 060-2018. BE IT FURTHER RESOLVED That this approval is subject to receipt of all fees required by Section 392.13 of the Land Division Ordinance, any special assessments which may be due, payment of any unpaid taxes, and approval of the City Engineer. BE IT FURTHER RESOLVED That a digital file of this certified survey map shall be submitted to the City in accordance with Common Council Ordinance #1118 and Resolution #196-2002. DATED THIS 11TH DAY OF DECEMBER, 2018. SPONSORED BY: Ald. Kevin Kubacki This is to certify that this is a true and accurate copy of Resolution #102-2018 which was adopted by the Common Council of the City of Muskego. ________________________________ Clerk-Treasurer 12/2018jmb Page 1 of 11 Resolution #102-2018 - Approval of a Certified Survey... Packet Page 31 Page 2 of 11 Resolution #102-2018 - Approval of a Certified Survey... Packet Page 32 Page 3 of 11 Resolution #102-2018 - Approval of a Certified Survey... Packet Page 33 City of Muskego Plan Commission Supplement PC 060-2018 For the meeting of: December 4, 2018 REQUEST: Conditional Use Grant (CUG), Building, Site, and Operation Plan (BSO), and Two-Lot Certified Survey Map (CSM) for Jiffy Lube Tax Key No. 2169.999.011 / Commerce Center Parkway NE ¼ of Section 3 PETITIONER: GreenbergFarrow on behalf of Jiffy Lube INTRODUCED: December 4, 2018 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 060-2018 A submittal was received from Jiffy Lube for a BSO and CUG for a new auto service/maintenance facility located north of the Burger King restaurant on Commerce Center Parkway. The proposal also includes a two (2) lot CSM. CONSISTENCY WITH ADOPTED PLANS 060-2018 Comprehensive Plan: The 2020 Plan depicts the property as Business Park/Commercial uses. The petition is consistent with the Plan. Zoning: The property is zoned BP-1, Business Park and Office Park Support District. The use is permitted subject to CUG and BSO approval. Park and Conservation Plan: No acquisitions are proposed in this area. The proposal is consistent with the Plan. Street System Plan: All streets are dedicated to their ultimate widths. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: Public sanitary sewer serves the property. Public utility extensions may be required as part of this project. The proposal is consistent with the Plan. Water Capacity Assessment District: The property is to be served by public water service. Public utility extensions may be required as part of this project. The proposal is consistent with the Plan. Stormwater Management Plan: Regional stormwater ponds exist within this development and does not need to be accommodated for on-site. The proposal is consistent with the Plan. General Design Guide The General Design Guide and the Business Park Design Guide govern this area. See comments below about building design. STAFF DISCUSSION PC 060-2018 The applicant is proposing to build a new 4,174 SF (3,031 SF for 1st floor and 1,093 SF for the pit area) auto service/maintenance facility that will include four service bays with an office and waiting area and a 14-stall parking lot. The proposed use is allowed with Plan Commission approval of a Building, Site and Operation (BSO) Plan and a Conditional Use Grant (CUG). The proposed hours of the business are 8:00 AM to 6:00 PM Monday thru Friday, 8:00 AM to 5:00 PM on Saturday and 10:00 AM to 4:00 PM on Page 4 of 11 Resolution #102-2018 - Approval of a Certified Survey... Packet Page 34 Sunday. A maximum of 6-8 employees will be on-site per shift with an expected average customer count of 25-30 customers per day. Conditional Use Grant (CUG) A conditional use grant is required for any service establishment for automobiles as per the requirements of the BP-1 zoning district. Plan Commission will hold a public hearing on December 4, 2018 at to allow residents and/or business owners to voice any thoughts they may have about this request. Certified Survey Map (CSM) As part of the development, a two-lot CSM is being requested in order to separate the lot for Jiffy Lube (Lot 1) from the remainder of the large remnant parcel (Lot 2). A preliminary review of the CSM appears to meet the bulk requirements of the code. Formal technical review is pending and the resolution is drafted to state that signing the CSM is contingent on all technical corrections being addressed. One item worth noting is that easements must be shown on the CSM for cross-access and for any required public utility extensions, as applicable. Building Site and Operation Plan (BSO) Architecture The proposed building is clad mostly with a stone veneer and some EIFS. The building also contains bronze storefront windows and dark bronze overhead doors and trim. The elevations include the following percentages of masonry: •West (Moorland Road) – 78% •East (Commerce Center Parkway) – 82% •North – 52% •South – 38 % •Total for Full Building – 68%, Even through one of the elevations is below the recommended 50%, the overall total is well above the recommendation. Most elevations contain varying depths, materials, and door/window features. The overhead doors each contain at least two rows of windows, which is what the City typically likes to see at a minimum. One elevation note that staff observed was that the north elevation lacks some architectural details. As such, the resolution states that the north elevation needs to contain some additional architecture detail, such as a possible window element (with or without spandrel glass) as is used on the south elevation as this would help show four-sided architecture and consistency on all elevations. One other item that the City has recently been concerned with on building is the visual back side of parapet walls is their material usage. As such, the resolution states that the back sides of the parapet walls must be clad with the same materials as the front portions of the walls due to the visibility of these features given the grades around this site. If portions of the back side of the parapet walls can be proven to not be visible from surrounding view (including from Moorland road and Commerce Center Parkway), then this requirement may be able to be altered by staff. There are some type of awning/accent features shown above some of the windows and doors but specific details are not provided. Staff suggests that these awning/features be replaced with a horizontal type awning/sunshade to help convey a horizontal feel above these elements and the horizontal type awning/sunshade should be followed through above all windows and doors on all elevations to help show four-sided architecture and consistency. Site, Parking, and Access The site plan currently shows 14 parking stalls with additional space for 2 cars to stack in front of each bay door. Based on the type/use of the business, the employee count, and the proposed parking/staging, ample parking appears to be provided. All parking stalls are shown at 10’ x 20’ in size, as is required by code except for the separate handicap stall provided. All driveways and drive aisles are shown with a width of at least 24 feet in width, which meets the code minimum requirement. The main access to the site is from Commerce Center Parkway with a second access provided via the Burger King property to the south. Two future cross-access locations are provided to the remnant lot toward the north and northeast. No direct access is proposed to Moorland Road. The site plans currently shows curb and gutter throughout the site.Page 5 of 11 Resolution #102-2018 - Approval of a Certified Survey... Packet Page 35 Fire Department Approval The site plan is subject to Fire Department approvals at the time of building permits. Possible changes to the site plan may be required based upon the final Fire Department review. Dumpsters/Outdoor Storage A CMU dumpster enclosure is shown on the plans, painted to match the building color. The enclosure gates are proposed to be metal with composite wood slats providing a solid fence screen. Staff is recommending that the dumpster enclosure be clad with the same stone material as is being used on the building. The resolution is drafted as such. The resolution states that no outdoor storage or display of product is allowed at any time on site. Landscaping A landscape plan has been provided showing various landscaping throughout the site. All but one of the existing trees along Commerce Center Parkway are proposed to be protected during construction to remain. The final plan must include 6 foot tall or taller evergreen/arborvitae type screening around the transformer and/or other ground/wall mounted mechanicals and must also include the street trees being placed along the right-of-way frontages more equally spaced and not clustered on one side of the lot or the other. The final landscape plan must be submitted for formal review before building permits can be issued. Signage Some signage details have been provided at this time. Formal signage review will occur via separate sign permits as the project proceeds. In general, Jiffy Lube wall signs are proposed on the front, rear and one side of the building along with a freestanding monument sign. There are very large bands of signage shown on the west and south elevations. The total wall signage allowances are based on the typical code requirements. For the BP-1 district, 3% of the wall area is allowed on each façade. Separate sign permits will be required before any signage (temporary or permanent) can be installed including both building or freestanding signs. The resolution states that the large signage bands should be removed and replaced with smaller more traditional signage as they may be over the 3% wall signage allowance and since they detract from the overall architectural appearance. The resolution also states that the monument sign should contain a stone base to match the building materials. Jiffy Lube mentions an electronic message board (reader board sign) as part of the monument sign. However, the proposed sign detail does not show the reader board sign. Lighting A photometric plan has been included along with specs of proposed lighting fixtures. The photometric plan indicates that the lighting will all be building and pole mounted. The photometric plan shows the lighting levels to be 0.5 foot-candles or less at the lot lines, as required. All lighting must be zero degree tilt and full cut-off and the concrete bases for any pole lights cannot exceed 6 inches in height above grade. Also, the height of any light poles cannot exceed the greater of either 15 feet or the average eve height of the building. Sewer, Water and Stormwater The development will be served by municipal sanitary sewer and municipal water. Public main extensions may be needed to help facilitate future adjacent development. A stormwater ponds already exist in the general area and were designed to handle the stormwater of this site. Other The applicant states that the preliminary plans are to have all exterior mechanicals for the building located on the ground, rather than on the roof. As such, there needs to be special attention paid to how these are fully screened. The applicant may need to consider an architectural wall and or fencing to adequately screen any exterior mechanical devices. The following are also part of the Plan Commission resolution: BE IT FURTHER RESOLVED, That any bollards, railings, ladders, louvers, vents, etc. must be painted to Page 6 of 11 Resolution #102-2018 - Approval of a Certified Survey... Packet Page 36 match the colors of the principal structure. BE IT FURTHER RESOLVED, That any new handicap signs be permanently mounted in the ground or mounted to the building so they are not moveable. BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC devices, electrical transformers, etc.) must be screened from view and/or incorporated into the design of the site/structure (screening, etc.) and should be approved by the Planning Division before the issuance of building permits. STAFF RECOMMENDATION PC 060-2018 Approval of Resolution PC 060-2016 – Subject to the items note in the resolution as conditions of approval. Page 7 of 11 Resolution #102-2018 - Approval of a Certified Survey... Packet Page 37 AMENDED RESOLUTION #P.C. 060-2018 APPROVAL OF A BUILDING, SITE, AND OPERATION PLAN, CONDITIONAL USE GRANT, AND TWO LOT CERTIFIED SURVEY MAP FOR JIFFY LUBE LOCATED IN THE NE ¼ OF SECTION 3 (TAX KEY NO. 2169.999.011 / COMMERCE CENTER PARKWAY) WHEREAS, A submittal was received from Jiffy Lube for approval of a Building, Site, and Operation Plan, a Conditional Use Grant (CUG), and a two lot Certified Survey Map (CSM) for a new auto service center located on Commerce Center Parkway (Tax Key No. 2169.999.011), and WHEREAS, The property is zoned BP-1 Business and Office Park Support District and that district allows automotive service facilities with a CUG, and WHEREAS, A Public Hearing for the Conditional Use Grant (CUG) was heard before the Plan Commission on December 4, 2018 and WHEREAS, The 2020 Comprehensive Plan shows this property as business park/commercial uses and the proposal is consistent with the plan, and WHEREAS, As part of the newly proposed auto service facility, a Certified Survey Map (CSM) is proposed that would create two lots; one for Jiffy Lube and one for the remnant portion of the lot which will remain vacant at this time, and WHEREAS, The sizes of the two lots on the CSM are 40,275 SF (0.92 acres) and 336,824 SF (7.73 acres), and WHERAS, The proposed CSM meets the bulk requirements of the BP-1 district, and WHEREAS, The newly proposed auto service center totals about 4,174 square feet in area (3,031 SF for 1st floor and 1,093 SF for the pit area) and contains four service bays along with the associates office/cashier and waiting facilities for the business, and WHEREAS, Hours of the business are proposed to Monday through Friday from 8 AM to 6 PM, Saturdays from 8 AM to 5 PM and Sundays from 10 AM to 4 PM, and WHEREAS, The business will have a maximum of 6-8 employees per shift and the business expects an average of 25-30 customers per day, and WHEREAS, Deliveries are expected to occur during typical business hours, and WHEREAS, This property is governed by the Business Park Design Guide and the General Design Guide, and WHEREAS, The proposed building is clad mostly with a stone veneer and some EFIS and will contain bronze storefront windows and dark bronze overhead doors and trim, and WHEREAS, The elevations include the following percentages of masonry: West (Moorland Road) – 78% East (Commerce Center Parkway) – 82% North – 52% South – 38 % Total for Full Building – 68%, and Page 8 of 11 Resolution #102-2018 - Approval of a Certified Survey... Packet Page 38 WHEREAS, The overhead doors each contain at least two rows of windows, and WHEREAS, There are some type of awning/accent features shown above some of the windows and doors but specific details are not provided, and WHEREAS, Most elevations contain varying depths, materials, and door/window features, but the north elevation lacks some architectural details, and WHEREAS, Various types of wall signage and a monument sign are included in the packet but no specifics are covered, and WHEREAS, There are very large bands of signage shown on the west and south elevations, and WHEREAS, The applicant has stated that the preliminary plans are to have all exterior mechanicals for the building located on the ground, rather than on the roof, and WHEREAS, A dumpster enclosure is proposed on-site and it is proposed to be clad with painted CMU block and contain metal framed gate with composite inserts, and WHEREAS, The site plan shows fourteen parking stalls on site along with eight queuing spots in front of the four service bay doors, and this appears to meet the needs of the business based on the employee count and expected customer count, and WHEREAS, All parking stalls are shown to be 10’ x 20’ in size, as recommended by code, with the exception of one handicap stall, and WHEREAS, The site is shown to contain curb and gutter throughout, and WHEREAS, Access to the site is gained via Commerce Center Parkway, along with cross-access through the adjacent Burger King site, and WHEREAS, Two additional cross-access points are provided through this site to the adjacent vacant land for future development, and WHEREAS, No direct access is proposed to Moorland Road, and WHEREAS, A landscape plan has been provided that shows various landscaping throughout the site, and WHEREAS, A photometric plan has been included along with some specs of proposed lighting fixtures, and WHEREAS, The photometric plan indicates that the lighting will all be building mounted and pole mounted, and WHEREAS, The development will be served by municipal water and municipal sewer and possible water and sewer extensions may be required to help accommodate future development of the remaining vacant area, and WHEREAS, Regional stormwater ponds exist within this development and does not need to be accommodated for on-site. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Building, Site and Operation Plan, Conditional Use Grant, and two lot Certified Survey Map for Jiffy Lube located on Commerce Center Parkway (Tax Key No. 2169.999.010). Page 9 of 11 Resolution #102-2018 - Approval of a Certified Survey... Packet Page 39 BE IT FURTHER RESOLVED, The overhead doors must contain two or more full rows of overhead windows. BE IT FURTHER RESOLVED, The north elevation needs to contain some additional architecture detail, such as a possible window element (with or without spandrel grass) as is used on the south elevation as this would help show four-sided architecture and consistency on all elevations. BE IT FURTHER RESOLVED, The awning/features shown above some doors and windows should be replaced with a horizontal type awning/sunshade to help convey a horizontal feel above these elements and the horizontal type awning/sunshade should be followed through above all windows and doors on all elevation to help show four-sided architecture and consistency on all elevations. BE IT FURTHER RESOLVED, The back sides of the parapet walls must be clad with the same materials as on the front portions of the walls due to the visibility of these features given the grades around this site. BE IT FURTHER RESOLVED, The dumpster enclosure should be clad with the same stone material as is being used on the building. BE IT FURTHER RESOLVED, Separate sign permits will be required before any signage (temporary or permanent) can be installed and this includes any signage on the building or freestanding. BE IT FURTHER RESOLVED, The large signage bands should be removed and replaced with smaller more traditional signage as they may be over the 3% wall signage allowance and since they detract from the overall architectural appearance. BE IT FURTHER RESOLVED, The monument sign should contain a stone base to match the building materials. BE IT FURTHER RESOLVED, No outdoor storage or display of products is allowed at any time on-site. BE IT FURTHER RESOLVED, All lighting must be zero degree tilt and full cut-off and the concrete bases for any pole lights cannot exceed 6 inches in height above grade. BE IT FURTHER RESOLVED, The height of any light poles cannot exceed the greater of either 15 feet or the average wall/peak height of the building. BE IT FURTHER RESOLVED, The site plan is subject to Fire Department approvals before Building Permits can be issued and possible changes to the site plan may be required based upon the final Fire Department review. BE IT FURTHER RESOLVED, The final landscape plan must be submitted for formal review before building permits can be issued. BE IT FURTHER RESOLVED, The final plan must include 6 foot tall or taller evergreen/arborvitae type screening around the transformer and/or other ground/wall mounted mechanicals and must also include the street trees being placed along the right-of-way frontages more equally spaced and not clustered on one side of the lot or the other. BE IT FURTHER RESOLVED, Easements must be shown on the CSM for cross-access and for any required public utility extensions. Page 10 of 11 Resolution #102-2018 - Approval of a Certified Survey... Packet Page 40 BE IT FURTHER RESOLVED, Formal approvals from the Engineering Division will be required before the issuance of any permits as it relates to technical CSM corrections and overall site design. BE IT FURTHER RESOLVED, That any bollards, railings, ladders, louvers, vents, etc. must be painted to match the colors of the principal structure. BE IT FURTHER RESOLVED, That any new handicap signs be permanently mounted in the ground or mounted to the building so they are not moveable. BE IT FURTHER RESOLVED, That all roof top and ground mechanicals (including HVAC devices, electrical transformers, etc.) must be screened from view and/or incorporated into the design of the site/structure (screening, etc.) and should be approved by the Planning Division before the issuance of building permits. BE IT FURTHER RESOLVED, That a Conditional Use Grant must be approved by the Plan Commission prior to any building permits being issued. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Plan Commission City of Muskego Adopted: December 4, 2018 Denied: Deferred: Introduced: December 4, 2018 ATTEST: Adam Trzebiatowski, Planning Manager Page 11 of 11 Resolution #102-2018 - Approval of a Certified Survey... Packet Page 41 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #103-2018 APPROVAL OF MACHI PROPERTIES BV, LLC DEVELOPER’S AGREEMENT WHEREAS, The Finance Committee has reviewed and recommended approval of the Developer’s Agreement between Machi Properties BV, LLC and the City of Muskego to construct public road improvements at the extension of Harvest Court. 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 Developer’s Agreement between Machi Properties BV, LLC and the City of Muskego. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer 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 11TH DAY OF DECEMBER , 2018. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #103-2018 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 12/18jmb Page 1 of 11 Resolution #103-2018 - Approval of Developer's... Packet Page 42 This Agreement, made this ____ day of ________, 2018 by and between Machi Properties BV, LLC (the "Developer") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter called the "City". W I T N E S S E T H WHEREAS, The Plan Commission has approved the Building Site and Operation Plan under adopted Resolution PC 027- 2018 (the “Development”), a part of the lands described as Lot 1, of Certified Survey Map No. 10294, being a re-division of Parcel 1 of Certified Survey Map No. 10293, being part of the Southeast ¼ of the Northwest ¼ and the Northeast ¼ of the Southwest ¼ of Section 14, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin. Corrected by Affidavit recorded February 16, 2007, as Document No. 3459080; Corrected by Affidavit recorded March 28, 2007, as Document No. 3468224; Corrected by Affidavit recorded April 4, 2007, as Document No. 3469684 Excepting therefrom those lands conveyed by Warranty Deed recorded March 20, 2014 as Document No. 4070700; and WHEREAS, The Developer is required to make and install certain public improvements (“Improvements”) reasonably necessary for the Development, conditioned upon the construction of said Improvements according to approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement, without cost to City; and WHEREAS, The City Engineer and the City's Public Works Committee have duly approved, contingent on certain other approvals, Developer's plans and specifications for the Improvements, and the City's Plan Commission has duly approved the Development contingent in part upon the execution and perf ormance of this Agreement by the Developer. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION I: DEVELOPMENT 1. LAND USE. The Development as approved by Plan Commission Resolution # 027-2018 consists of the proposed building additions with the features per the referenced resolution. 2. PHASING. Developer and City agree that this Agreement is for the installation of Public Improvements consisting of public storm sewer, grading and roadway work per the documents approved by the Plan Commission under Resolution # PC 027-2018. SECTION II : IMPROVEMENTS: City shall, within its jurisdiction, furnish the Developer such permits or easements as may be required to enter upon and install the water main and sanitary sewer improvements described herein. Developer shall cause the construction of all Improvements called for by this Agreement to be carried out and performed in a good and workmanlike manner. Developer shall submit to the City valid copies of any agency permits that may be required in connection with the improvements, including, if necessary, the Parcel ID # (PIN): MSKC 2214.9996.020 Machi Properties BV, LLC DEVELOPER'S AGREEMENT Document Number Document Title Recording Area Name and Return Address City of Muskego Planning Division W182 S8200 Racine Ave. Muskego, WI 53150 Page 2 of 11 Resolution #103-2018 - Approval of Developer's... Packet Page 43 Wisconsin Department of Safety and Professional Services permits and the Wisconsin Department of Natural Resources permits before construction commences and prior to any preconstruction meeting. Developer, shall: A. ROADS AND STREETS: 1. Grade and improve all roads and streets in accordance with the plans and specifications approved by the Public Works Committee including off-site improvements necessary to provide such roads and streets, including grading and gravel, and asphalt street improvements, as approved by the Public Works Director or his designee and Public Works Committee as indicated in the plans and specifications on file with the Engineering Department. 2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from construction of subdivision improvements. 3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, i ncluding the cost of their installation. 4. Contractors working at the Development are required to clean up all mud, dirt, stone or debris on the streets no later than the end of each working day. In addition, the Developer shall have ultimate responsibility for cleaning up any and all mud, dirt, stone or debris on the streets until Final Acceptance has been granted by the City Council as described in Section VII. The City shall make a reasonable effort to require the contractor that placed the mud, dirt, stone or debris on the street, to clean up the same or to hold the subject property owner who hired the contractor responsible. The Developer shall clean up the streets within twenty-four (24) hours after receiving a notice from the City. If said mud, dirt, stone or debris are not cleaned up after notification, the City may do so at the Developer’s and/or subject property owner's expense, at the option of the City. B. STORM AND SURFACE W ATER DRAINAGE AND GRADING PLAN: 1. Construct, install, furnish and provide facilities as approved by the Public Works Director or his designee and Public Works Committee for storm and surface water drainage throughout the entire Development and off-site improvements as necessary, all in accordance with the plans and specifications on file in the Building and Engineering Department. The City retains the right to require the Developer to install at Developer’s cost additional storm drainage and erosion control measures prior to acceptance of improvements by the City of Muskego. 2. Grade and improve the development in conformance with the grading plan as approved by the Public Works Director or his designee and Public Works Committee in accordance with the plans and specifications on file in the City Engineering Department. Restore with topsoil and seed. Establish dense vegetation. 3. The City retains the right to require Developer to install within the development (and immediately adjacent area if applicable and necessary), additional surface and storm water drainage measures if it is determined by the City Engineer that the original surface and storm water drainage plan as designed and/or constructed does not provide reasonable stormwater drainage pursuant to the City’s ordinances, written procedures and policies. 4. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by the City. Page 3 of 11 Resolution #103-2018 - Approval of Developer's... Packet Page 44 5. Execute and record a Maintenance Agreement as approved by the Public Works Director or his designee relating to privately owned storm water appurtenances, and provide proof of recording. Keep and maintain all storm sewers, retention or detention ponds, and surface water drainage features which are outside of the rights-of-way in perpetuity, as provided for in the Maintenance Agreement. 6. Submit an as-built grading plan that meets all City requirements. C. EROSION CONTROL MEASURES: 1. Developer shall undertake such erosion control measures as may be necessary in connection with Waukesha County’s and the City’s Erosion Control Ordinances, and in accordance with the Plans. 2. Developer Shall construct, install, furnish and provide without cost to City, a complete system of Erosion Control Devices or measures necessary for the construction of the Improvements, on and off- site, in accordance with the Erosion Control Plan as approved by the City Engineer or his designee and in accordance with the plans and specifications on file in the Community Development Department. No construction or grading can begin until the City issues said permit, and no grading shall occur without a two (2) day notice to the City. SECTION III: TIME OF COMPLETION OF IMPROVEMENTS The Improvements set forth in Section II shall be completed by the Developer within one (1) year from signing of this Agreement or prior to occupancy of the building. SECTION IV: AS -BUILT CONSTRUCTION PLANS Developer authorizes the City to prepare all necessary as-built construction plans for the Improvements to be dedicated to the City. Developer agrees to reimburse City for all costs incurred in the preparati on and distribution of as-built data, including collection of data, revisions to construction documents and upload of data to City’s Geographic Information System, and City may utilize Developer’s Developers Deposit account for all charges related hereto. SECTION V: DEDICATION AND ACCEPTANCE OF IMPROVEMENTS Subject to all of the other provisions of this Agreement, Developer shall, without charge to the City, upon completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the improvements to the City, its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City) whatever, together with and including, without limitation because of enumeration, any and all land, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of improvements, except private storm water drainage facilities, when all said utilities have been completed and approved by the City Engineer and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement. Claims of financial hardship by the Developer shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Developer, provided, however that connection to any facilities located on or under Developer’s property shall require notice to Developer. Page 4 of 11 Resolution #103-2018 - Approval of Developer's... Packet Page 45 At such time as all Improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such Improvements shall be accepted by the City by separate Resolution. SECTION VI: INSPECTION AND ADMINISTRATION FEES Developer shall pay and reimburse the City in advance of the signing of the Agreement, in accordance with Section 392-13 of the Land Division Ordinance and Muskego Municipal Code Section 39-10, and at times specified herein, but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which shall be incurred by the City prior to and following the date hereof in connection with or relative to the construction, installation, dedication and acceptance of the Improvements covered by Secti on II, including without limitation by reason of enumeration, design, engineering, preparing, checking and review of designs, plans and specifications, supervision, inspection to insure that construction is in compliance with the applicable plans, specifications, regulations and ordinances; and legal, administrative and fiscal work undertaken to assure and implement such compliance. Failure to pay or reimburse the City in a timely manner may cause the City to cease all construction inspections until such t ime as all anticipated or outstanding inspection and administration fees have been satisfied. SECTION VII: MISCELLANEOUS REQUIREMENTS The Developer shall: 1. Easements: Provide any easements to access the Improvements on Developer's land deemed necessary by the City Engineer or his designee prior to occupancy or dedication. 2. Manner of Performance: Cause all construction of the Improvements called for by this Agreement to be carried out and performed in a good and workmanlike manner. SECTION VIII: GENERAL CONDITIONS AND REGULATIONS Municipal Codes and Ordinances: All the provisions of the City's ordinances are incorporated herein by reference, and all such provisions shall bind the parties hereto and be a part of this Agreement as fully as if set forth at length herein. This Agreement and all work and improvements required hereunder shall be performed and carried out in strict accordance with and subject to the provisions of said ordinances. SECTION IX: GUARANTEES The Developer shall guarantee the storm sewer and road Improvements described in Section II, against defects due to faulty materials or workmanship provided that such defects appear within a period of one (1) year from the date of acceptance. The Developer shall pay for any damages to City property resulting from such faulty materials or workmanship. This guarantee shall not be a bar to any action the City might have for negligent workmanship or materials. Wisconsin law on negligence shall govern such situation. SECTION X: GENERAL INDEMNITY In addition to, and not to the exclusion or prejudice of, any provisions of this Agreement or documents incorporated herein by reference, Developer shall indemnify and save harmless, and agrees to accept tender of defense and to defend and pay any and all reasonable legal, accounting, consulting, engineering and other expenses relating to the defense of any claim asserted or imposed upon the City its officers, agents, and employees, and independent contractors growing out of this Agreement as stated above by any party or parties except those claims asserted by Developer against City, its officers, agents and employees in an effort to enforce this Agreement. Page 5 of 11 Resolution #103-2018 - Approval of Developer's... Packet Page 46 a) Hold Harmless. The Developer shall indemnify and hold harmless the City, its officers, agents, independent contractors, consultants, and employees from and against all claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense (i) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of the Developer, its officers, agents, independent contractors, and employees or anyone for whose acts any of them may be made liable. In any and all claims against the City, its officers, agents, independent contractors, and employees by the Developer, its officers, agents, independent contractors, employees, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be held liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Developer, its officers, agents, independent contractors, employees under Workers’ Compensation Acts, disability benefit acts, or other employee benefit acts. The foregoing indemnity shall not apply to the negligence or willful misconduct of the City. b) Personal Liability of Public Officials. In carrying out any of the provisions of this Agreement or in exercising any power or authority granted to them thereby, there shall be no personal liability of the City officers, agents, independent contractors, consultant, and employees, it being expressly understood and agreed that in such matters they act as agents and representatives of the City. c) Indemnification for Environmental Contamination. The Developer shall indemnify, defend, and hold City and its officers, agents, independent contractors, consultants, and employees harmless from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in connection with the Development (including but not limited to street right of way) of any toxic or hazardous substances arising from any activity occurring prior to the acceptance of all improvements. Without limiting the generality of the foregoing, the indemnification by the Developer shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, State, or Federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether in or on the soil, groundwater, air, or any other receptor. The City agrees that it will immediately notify Developer of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. Upon receipt of notice from the City or other entities, Developer shall investigate and rectify conditions which indicate the presence of or suspected presence of contamination on the subject property as identified by local, state, or federal agencies in order to comply with applicable laws. d) Developer shall, at its expense, obtain and carry comprehensive general liability insurance with combined single limits of at least One Million Dollars ($1,000,000.00) for one person and at least Five Million Dollars ($5,000,000.00) per occurrence, and at least One Million Dollars ($1,000,000.00) property damage (or such higher amounts as the City shall from time to time deem reasonable). Such policy shall cover both Developer and the City and its agents, employees, and officials. A certificate of Developer’s insurance shall be furnished to the City upon execution of this Agreement including separate endorsements naming the City as an additional insured, providing 30 days written notification of cancellation, naming the Developer’s insurance as primary and waiving any rights of subrogation as to the City. Such policy shall provide that no act or default of any person other than the City or its agents shall render the policy void as to the City or effect the City’s right to recover thereon. SECTION XI: AGREEMENT FOR BENEFIT OF PURCHASERS: The Developer shall agree that in addition to the City's rights herein, the provisions of this Agreement shall be for the benefit of the purchaser of any lot in the Development. Further, that the sale of any lot or parcel shall Page 6 of 11 Resolution #103-2018 - Approval of Developer's... Packet Page 47 not release the Developer from completing the Improvements provided for under this Agreement, by applicable Ordinances and as set forth in the plans and specifications on file in the Community Development Department. SECTION XII: CONSTRUCTION PERMITS, ETC. The City shall, within its authority: 1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit the Developer to construct the Improvements in accordance with the plans and specifications called for by this Agreement, upon Developer's compliance with any deposit provisions or other requirements of the applicable ordinances or regulations. 2. Furnish the Developer such permits or easements as may be required to enter upon and install the previous described Improvements in any public street or public property. 3. Cooperate with the Developer in obtaining similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the premises. 4. Make available to the Developer or their nominee, successors or assigns, permits for the construction of single-family residences subject to the provision of Section XIII. SECTION XIII: BUILDING AND OCCUPANCY PERMITS: It is expressly understood and agreed that no building permit shall be issued until the City Engineer or his designee has determined that: 1. A letter of credit or cash deposit remains on file to guarantee compliance with any other obligations under the agreement. 2. The Resolution of the dedication and acceptance of Improvements is approved by the City. 3. All parameters of Resolution #PC027-2018 has been met to the satisfaction of the Planning Manager. 4. Any negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Community Development Director. 5. The Certified Survey Map is recorded and the appropriate copies are delivered to the Community Development Department. 6. The Developer is not in default of any aspect of this Agreement. 7. There is no default of any aspect of this Agreement. SECTION XIV: RESERVATION OF RIGHTS AS TO ISSUANCE OF BUILDING PERMITS: The City reserves the right to withhold issuance of any and all building permits if Developer is in violation of this Agreement, but no permits shall be unreasonably withheld. SECTION XV: FINANCIAL GUARANTEES: 1. LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Developer shall file with the City a Letter of Credit, in the City Attorney approved form, setting forth terms and conditions in the amount of $353,760.00 which amount shall be approximately 120% of the estimated cost of improvements and other obligations pursuant to this Agreement. This shall be held by the City as a guarantee that the required plans and improvements will be completed by the Developer and its subcontractors no later than Page 7 of 11 Resolution #103-2018 - Approval of Developer's... Packet Page 48 one (1) year from signing of the Agreement, except if another date is provided within this Agreement and as a further guarantee that all obligations to the subcontractors for work on the Development is satisfied and all other obligations pursuant to this Agreement have been satisfied. Instead of a Letter of Credit, Developer may deposit cash, a certified check or the equivalent in the same amount pursuant to the same terms and conditions as set forth in this Agreement. a) Invoices: Invoices documenting the Improvements shall be provided to the City. b) Reduction of Letter of Credit Balance: The Developer shall provide City Engineer or his designee with a written request accompanied by: invoices for work completed for which a release is being requested, breakdown of invoices in the format of the Public Improvement Cost Breakdown form, and signed original lien waivers for all work which is subject of the release request. The City Engineer or his designee will process all requests in accordance with policies adopted by the Finance Committee, as may be amended from time to time. The City Engineer shall not, however, reduce the financial guarantee with regard to amounts necessary to ensure compliance with obligations of this Agreement that are not improvement construction costs, unless (1) the Developer proves full compliance with such issues to the satisfaction of the City Engineer; or (2) 14 months have passed from the date of substantial completion as determined in Wisconsin Statute 236.13 and no claims have been made against the City or by the City against the Developer in that regard. 2. DEVELOPER'S DEPOSIT: The Developer shall maintain a $7,500.00 balance in the Developer's Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation of the Finance Committee. Upon completion of the project, acceptance of improvements and payment of all project related costs, any unused balance remaining in Developer’s deposit account shall be returned to Developer. 3. PRESERVATION OF ASSESSMENT RIGHTS: a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City shall have the right, without notice or hearing, to impose special assessments for any amount to which the City is entitled by virtue of this Agreement relating to the Improvements or oth er Developer obligations pursuant to this Agreement. This provision constitutes the Developer’s consent to the installation by the City of all Improvements required by this Agreement and constitutes the Developer’s waiver of notice and consent to all special assessment proceedings as described in Section 66.0703(7)(b), Wis. Statutes. b) Remedies not exclusive. The City may use any other remedies available to it under the Agreement or in law or equity in addition to, or in lieu of, the remedies provided herein. SECTION XVI: PARTIES BOUND: Developer or its assignees shall be bound by the terms of this Agreement or any part herein as it applies to the Improvements. Approval by the City shall not be deemed a waiver as the ultimate responsibility for the proper design and installation of the Improvements. The fact that the City or its engineers, or its attorney, or its staff may approve a specific project shall not constitute a waiver, or relieve the Developer from ultimate responsibility for the design, performance, and function of the Improvements. SECTION XVII: AMENDMENTS AND ASSIGNMENT: Developer shall not assign this Agreement without the written consent of the City, other than to a party related to Developer. The City and the Developer, by mutual consent, may amend this Agreement, by written agreement between the City and the Developer. SECTION XVIII: NOTICES AND CORRESPONDENCE Page 8 of 11 Resolution #103-2018 - Approval of Developer's... Packet Page 49 Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be effective upon being delivered personally or sent by prepaid United States Postal Service certified mail with return receipt requested, to all parties as follows: To City: Planning Division City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150-0749 (262) 679-4136 (262) 679-5614 facsimile To Developer: Machi Properties BV, LLC W273 N2493 Arlington Drive Pewaukee, WI 53072 All notices shall be considered to have been delivered at the time such notices are personally delivered to each party, or three (3) days after the date of postmark on any prepaid certified letter. Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address, telephone or facsimile number, or electronic mail address. Failure to provide said notice may constitut e a default by the party. Page 9 of 11 Resolution #103-2018 - Approval of Developer's... Packet Page 50 SECTION XVIII: PARTIES TO THE AGREEMENT IN WITNESS HEREOF, Developer has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. Machi Properties BV, LLC. By: _______________________________ Its: ________________________________ STATE OF________________ ) SS ______________COUNTY ) PERSONALLY came before me this ____day of _____________,2018, ___________________________________, to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of _____________ My Commission Expires IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. CITY OF MUSKEGO: BY: Kathy Chiaverotti, Mayor BY: Sharon Mueller, City Clerk-Treasurer STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this _____ day of ______________,2018, the above named Kathy Chiaverotti, Mayor, and Sharon Mueller, City Clerk-Treasurer of the City of Muskego, to me known to be the persons executed the foregoing instrument, and to me known to be such Mayor and City Clerk -Treasurer of said municipal corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said municipal corporation by its authority and pursuant to the authorization by the Common Council from their meeting on the ______ day of _____________, 2018. Notary Public-State of Wisconsin My Commission Expires Page 10 of 11 Resolution #103-2018 - Approval of Developer's... Packet Page 51 CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for Machi Properties BV, LLC., Muskego, Wisconsin, as entered into on the ____ day of _____________, 2018 by and between Machi Properties BV, LLC., and the City of Muskego, pursuant to the authorization by the Common Council from their meeting on the _____ day of ____________, 2018. BY THE COMMON COUNCIL ________________________ Sharon Mueller, City Clerk-Treasurer SUBSCRIBED AND SWORN TO BEFORE ME This ______day of ___________, 2018. My commission expires Page 11 of 11 Resolution #103-2018 - Approval of Developer's... Packet Page 52 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #104-2018 APPROVAL OF AGREEMENT WITH HYDROCORP FOR A CROSS CONNECTION CONTROL PROGRAM WHEREAS, The City supplies potable water throughout its corporate boundary to property owners and is interested in entering into an Agreement with HydroCorp for cross connection control program inspection, reporting and management services to be in compliance with Wisconsin State Statutes regarding cross connections; and WHEREAS, HydroCorp is a professional service that specializes in Cross Connection Control Programs; and WHEREAS, The Finance Committee has reviewed the attached Agreement 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 Agreement with HydroCorp for a Cross Connection Control Program. BE IT FURTHER RESOLVED That the Mayor is 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 11TH DAY OF DECEMBER , 2018. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #104-2018 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 12/18jmb Page 1 of 9 Resolution #104-2018 - Approval of Agreement with... Packet Page 53 Cross-Connection Control Program Service Agreement Page 1 PROFESSIONAL SERVICE AGREEMENT This agreement, made and entered into this January 1, 2019 by and between the City of Muskego organized and existing under the laws of the State of Wisconsin, referred to as “Utility”, and HydroCorp™ a Michigan Corporation, referred to as “HydroCorp”. WHEREAS, the Utility supplies potable water throughout its corporate boundary to property owners; and desires to enter into a professional services contract for cross connection control program inspection, reporting and management services. WHEREAS, HydroCorp is experienced in and capable of supplying profession al inspection of potable water distribution systems and cross connection control program management to the Utility and the Utility desires to engage HydroCorp to act as its independent contractor in its cross-connection control program. WHEREAS, the Utility has the authority under the laws of the State of Wisconsin and its local governing body to enter into this professional services contract. NOW THEREFORE, in consideration of the mutual agreements herein contained, and subject to the terms and conditions herein stated, the parties agree as follows: ARTICLE I. Purpose During the term of this Agreement, the Utility agrees to engage HydroCorp as an independent contractor to inspect and document its findings on its potable water distribution system in public, commercial and industrial facilities within the community. Each party to this Agreement agrees that it will cooperate in good faith with the other, its agents, and subcontractors to facilitate the performance of the mutual obligations set forth in this Agreement. Both Parties to this Agreement recognize and acknowledge that the information presented to them is complete and accurate, yet due to the inaccessible nature of water piping or due to access constraints within water users’ facilities, complete and accurate data is not always available. ARTICLE II. Scope of Services The scope of services to be provided by HydroCorp under this Agreement will include the inspections/surveys, program administration, answering telephone call inquires, scheduling of inspections, program compliance review, public education materials, preparation of quarterly management reports, and annual cross connection reports with respect to the facilities to the extent specifically set forth in this Article II (hereinafter the “Scope of Services”). Should other reports/services be included within the Scope of Services, the same shall be appended to this Agreement as Exhibit 1. 2.1 PROGRAM REVIEW/PROGRAM START UP MEETING. HydroCorp will conduct a Program Startup Meeting for the Cross-Connection Control/Backflow Prevention Program. Items for discussion/review will include the following: • Review state & local regulations • Review and/or provide assistance in establishing local Cross -Connection Control Ordinance • Review/establish wording and timeliness for program notifications including: - Inspection Notice - Compliance Notice - Non-Compliance Notices 1-2, Penalty Notices • Special Program Notices • Electronic use of notices/program information • Obtain updated facility listing, address information and existing program data from Utility • Prioritize Inspections (City buildings, schools, high hazard facilities, special circumstances.) • Review/establish procedure for vacant facilities Page 2 of 9 Resolution #104-2018 - Approval of Agreement with... Packet Page 54 Cross-Connection Control Program Service Agreement Page 2 • Establish facility inspection schedule • Review/establish procedures and protocol for addressing specific hazards • Review/establish high hazard, complex facilities and large industrial facility inspection/containment procedures including supplemental information/notification that may be requested from these types of facilities in order to achieve program compliance. • Review/establish program reporting procedures including electronic reporting tools • Review/establish educational and public awareness brochures 2.2 INSPECTIONS. HydroCorp will perform initial inspections, compliance inspections, and re-inspections at individual industrial, commercial, institutional facilities and miscellaneous water users within the utility served by the public water supply for cross-connections. Inspections will be conducted in accordance with Wisconsin Department of Natural Resources (DNR) Cross Connection Control Rules. • Initial Inspection – the first time a HydroCorp representative inspects a facility for cross connections. Degree of Hazard will be assigned and/or verified during this facility visit. The Degree of Hazard will dictate future re-inspection frequency/schedule of facility, (facility will be either compliant or non-compliant after this inspection). • Compliance Inspection – subsequent visit by a HydroCorp representative to a facility that was non- compliant during the Initial Inspection to verify that corrective action was completed and meets the program requirements. • Re-Inspection – Revisit by a HydroCorp representative to a facility that was previously inspected. The re-inspection frequency/schedule is based on the degree of hazard assigned to the facility during the initial inspection (two, six or ten-year re-inspection cycle). 2.3 INSPECTION SCHEDULE. HydroCorp shall determine and coordinate the inspection schedule. Inspection personnel will check in/out on a daily basis with the Utility’s designated contact person. The initial check in will include a list of inspections scheduled. An exit interview will include a list of inspections completed. 2.4 PROGRAM DATA. HydroCorp will generate and document the required program data for the Facility Types listed in the Scope of Services using the HydroCorp Software Data Management Program. Program Data shall remain property of the Utility; however, the HydroCorp Software Data Management program shall remain the property of HydroCorp and can be purchased for an additional fee. Data services will include: • Prioritize and schedule inspections • Notify users of inspections, backflow device installation and testing requirements if applicable • Monitor inspection compliance using the HydroCorp online software management program. (Note: WI Department of Safety & Professional Services (DSPS) manages backflow prevention assembly testing notification and compliance.) • Maintain program to comply with all DNR regulations 2.5 MANAGEMENT REPORTS. HydroCorp will submit comprehensive management reports in electronic, downloadable format on a quarterly & annual basis to the Utility. Reports to include the following information: • Name, location and date of inspections • Number of facilities inspected/surveyed • Number of facilities compliant/non-compliant 2.6 REVIEW OF CROSS-CONNECTION CONTROL ORDINANCE. HydroCorp will review or assist in the development of a cross-connection control ordinance. Items for review include: • Code adoption references, standard operational procedures, program notice documentation, reporting procedures and preference standards. • Penalties for noncompliance. Page 3 of 9 Resolution #104-2018 - Approval of Agreement with... Packet Page 55 Cross-Connection Control Program Service Agreement Page 3 2.7 VACUUM BREAKERS. City of Muskego will provide ASSE approved hose bill vacuum breakers or anti-frost hose bibb vacuum breakers per facility as required, in order to place a facility into immediate compliance at the time of inspection if no other cross-connections are identified. 2.8 PUBLIC RELATIONS PROGRAM. HydroCorp will assist the Utility with a community-wide public relations program including general awareness brochures and website cross connection control program content. 2.9 SUPPORT. HydroCorp will provide ongoing support via phone, fax, text, website or email for the contract period. 2.10 FACILITY TYPES. The facility types included in the program are as follows: • Industrial • Institutional • Commercial • Miscellaneous Water users • Multifamily Complex Facilities. Large industrial and high hazard complexes or facilities may require inspection/survey services outside the scope of this Agreement. (HydroCorp typically allows a maximum of up to three (3) hours of inspection time per facility.) An independent cross connection control survey (at the business owner’s expense) may be required at these larger/complex facilities and the results submitted to the Utility to help verify program compliance. 2.11 INSPECTION TERMS. HydroCorp will perform a minimum of 434 total inspections over a 2-year contract period. The total inspections include all initial inspections, compliance and re-inspections. Vacant facilities that have been provided to HydroCorp, scheduled no show or refusal of onsite inspection will count as an inspection/site visit for purposes of the contract. 2.12 COMPLIANCE WITH DEPARTMENT OF NATURAL RESOURCES ADMINISTRATIVE CODE. HydroCorp will assist in compliance with DNR and Wisconsin Administrative Code cross connection control program requirements for all commercial, industrial, institutional, multifamily and public authority facilities. (Variable /project specific) 2.13 POLICY MANUAL. HydroCorp will review and/or develop a comprehensive cross connection control policy manual/plan and submit to WI-DNR for approval on behalf of the Utility. 2.14 INVENTORY. HydroCorp shall inventory all accessible (ground level) backflow prevention assemblies and devices. Documentation will include: location, size, make, model and serial number if applicable. 2.15 DATA MANAGEMENT. HydroCorp shall provide data management and program notices for all inspection services throughout the contract period. 2.16 ANNUAL YEAR END REVIEW. HydroCorp will conduct an on-site annual year-end review meeting to discuss overall program status and specific program recommendations. 2.17 CROSS CONNECTION CONTROL BROCHURES. HydroCorp will provide approximately 434 cross-connection control educational brochures for the duration of the Agreement. 2.18 INSURANCE. HydroCorp will provide all required copies of general liability, workers compensation and errors and omissions insurance naming the Utility as an additional insured if required. Page 4 of 9 Resolution #104-2018 - Approval of Agreement with... Packet Page 56 Cross-Connection Control Program Service Agreement Page 4 ARTICLE III. Responsibilities of the Utility 3.1 UTILITY’S REPRESENTATIVE. On or before the date services are to commence under this Agreement, the Utility shall designate an authorized representative (“Authorized Representative”) to administer this Agreement. 3.2 COMPLIANCE WITH LAWS. The Utility, with the technical and professional assistance of HydroCorp, shall comply with all applicable local, state, and federal laws, codes, ordinances, and regulations as they pertain to the water inspection and testing, and shall pay for any capital improvements needed to bring the water treatment and delivery system into compliance with the aforementioned laws. 3.3 NOTICE OF LITIGATION. In the event that the Utility or HydroCorp has or receives notice of or undertakes the prosecution of any actions, claims, suits, administrative proceedings, investigations or other proceedings in connection with this Agreement, the party receiving such notice or undertaking of such prosecution shall give the other party timely notice of such proceedings and will inform the other party in advance of all hearings regarding such proceedings 3.4 FACILITY LISTING. The Utility must provide HydroCorp a complete list of facilities to be inspected, including facility name, type of service connection, address, contact person, and phone number, (if available). Electronic file format such as Microsoft Excel, etc. is required. An additional one-time fee to manually enter facility listing will be charged at the rate of $80.00 per hour. Incorrect facility addresses will be returned to the Utility contact and corrected address will be requested. 3.5 LETTERHEAD/LOGO. The Utility will provide HydroCorp with an electronic file copy of the utility logo or utility letterhead and all envelopes for the mailing of all official program correspondence only. (300 dpi in either .eps, or other high quality image format for printing.) ARTICLE IV. Term, Compensation and Changes in Scope of Services 4.1 TERM AND TERMINATION TERM. Services by HydroCorp under this Agreement shall commence on January 1, 2019 and end two (2) years from such date, unless this Agreement is renewed or terminated as provided herein. The terms of this Agreement shall be valid only upon the execution of this Agreement within ninety (90) days of its receipt. Failure to execute this Agreement within the ninety (90) day period shall deem the proposed terms void. 4.2 RENEWAL. Upon the expiration of this Agreement the utility will have the option to renew under the same terms of this Agreement for two (2) consecutive one (1) year periods. Base Compensation increases will be equal to CPI at the time of extension or 3%, whichever is less. 4.3 TERMINATION. The Utility or HydroCorp may terminate this Agreement at any time and on any date in the initial and renewal terms of this Agreement, with or without any cause, by giving written notice of such intent to terminate to the other party at least thirty (30) days prior to the effective date of termination. Notice of the intent to terminate shall be given in writing by personal service, by an authorized agent, or by certified mail, return receipt requested. The Utility shall pay the balance of any outstanding accounts for work performed by HydroCorp. 4.4 BASE COMPENSATION. From the Beginning thirty (30) days after execution of this Agreement, the Utility shall pay HydroCorp as compensation (“Base Compensation”) for labor, equipment, material, supplies, and utilities provided and the services performed pursuant to this Agreement, the sum of $2,196.00 per month, $26,352.00 annually for a two (2) year contract period totaling $52,704.00. Page 5 of 9 Resolution #104-2018 - Approval of Agreement with... Packet Page 57 Cross-Connection Control Program Service Agreement Page 5 4.5 PAYMENT OF INVOICES. Upon presentation of invoices by HydroCorp, all payments including base and other compensation shall be due and payable on the first day of each month (due date) after the month for which services have been rendered. All such payments shall be made no later than thirty (30) days after the due dat e. Failure to pay shall be deemed a default under this Agreement. For any payment to HydroCorp which is not made within thirty (30) calendar days after the due date, HydroCorp, shall receive interest at one and one-half (1½) percent per month on the unpaid balance. 4.6 CHANGES IN SCOPE OF SERVICES. In the event that the Utility requests and HydroCorp consents to perform additional work or services involving the consulting, management, operation, maintenance, and repair of the Utility’s water delivery system where such services or work exceeds or changes the Scope of Services contemplated under this Agreement, HydroCorp shall be provided additional compensation. Within thirty (30) calendar days from the date of notice of such additional work or services, the parties shall mutually agree upon an equitable sum for additional compensation. This amount shall be added to the monthly sum effective at the time of change in scope. Changes in the Scope of Service include, but are not limited to, requests for additional service by the Utility or additional costs incurred in meeting new or changed government regulations or reporting requirements. 4.7 CLIENT CONFIDENTIALITY. Disclosure of all communications between HydroCorp and the Utility regarding business practices and other methods and forms of doing business is subject to the provisions of Wisconsin Public Records Law, Chapter 19, Wis. Stats. HydroCorp agrees to make available for inspection and copying all records (as defined in sec. 19.32 (2), Wis. Stats.) in its possession created, produced, collected or otherwise related to this Agreement to the same extent as if the record s were maintained by the Utility. HydroCorp expressly acknowledges and agrees that its obligations concerning Public Records Law and compliance under this Agreement should not be limited by copyright, license, privacy and/or confidentiality except as authorized under the Public Records Law. 4.8 ACCESSIBILITY. Backflow prevention device information will be completed in full only when the identifying information (i.e. data plate, brass tag, etc.) is accessible and visible from ground level or from a fixed platform/mezzanine. 4.9 CONFINED SPACES. – HydroCorp personnel will not enter confined spaces. ARTICLE V. Risk Management and General Provisions 5.1 INFORMATION. Both Parties to this Agreement recognize and acknowledge that the information presented to them is complete to the best of their knowledge, yet due to the inaccessible nature of water piping or lack of access provided by property owner/water user, complete accurate data is not always available. Cross-connection control inspection and results are documented as of a specific date. The property owner and/or water user may make modifications to the potable water system after the inspection date that may impact compliance with the program. 5.2 LIMITATION OF LIABILITY. HydroCorp’s liability to the Utility for any loss, damage, claim, or expense of any kind or nature caused directly or indirectly by the performance or non -performance of obligations pursuant to this Agreement shall be limited to general money damages in an amount not to exceed or within the limits of the insurance coverage provided hereun der. HydroCorp shall in no event be liable for indirect or consequential damages, including but not limited to, loss of profits, loss of revenue, or loss of facilities, based upon contract, negligence, or any other cause of action. Page 6 of 9 Resolution #104-2018 - Approval of Agreement with... Packet Page 58 Cross-Connection Control Program Service Agreement Page 6 5.3 HYDROCORP INSURANCE. HydroCorp currently maintains the following insurance coverage’s and limits: Occurrence Aggregate Comprehensive General Liability $1 Million $2 Million Excess Umbrella Liability $5 Million $5 Million Automobile Liability (Combined Single Limit) $1 Million Worker’s Compensation/ Employer’s Liability $1 Million Errors and Omissions $2 Million $2 Million Within thirty (30) calendar days of the start of the project, HydroCorp shall furnish the Utility with satisfactory proof of such insurance, and each policy will require a 30-day notice of cancellation to be given to the Utility while this Agreement is in effect. The Utility shall be named as an additional insured according to its interest under the general liability policy during the term of this Agreement. General Liability insurance shall contain the following written Endorsements: Naming the City as an Additional insured; Waiver of Subrogation; Primary and Non-Contributory Insurance Coverage; 30 Day Notice of Cancellation. 5.4 UTILITY INSURANCE. The Utility will maintain liability insurance on an all risk basis and including extended coverage for matters set forth in this Agreement. 5.5 RELATIONSHIP. The relationship of HydroCorp to the Utility is that of independent contractor and not one of employment. None of the employees or agents of HydroCorp shall be considered employees of the Utility. For the purposes of all state, local, and federal laws and regulations, the Utility shall exercise primary management, and operational and financial decision -making authority. 5.6 ENTIRE AGREEMENT AMENDMENTS. This Agreement contains the entire Agreement between the Utility and HydroCorp, and supersedes all prior or contemporaneous communications, representations, understandings, or agreements. This Agreement may be modified only by a written amendment signed by both parties. 5.7 HEADINGS, ATTACHMENTS, AND EXHIBITS. The heading contained in this Agreement is for reference only and shall not in any way affect the meaning or interpretation of this Agreement. The Attachments and Exhibits to this Agreement shall be construed as integral parts of this Agreement. 5.8 WAIVER. The failure on the part of either party to enforce its rights as to any provision of this Agreement shall not be construed as a waiver of its rights to enforce such provisions in the future. 5.9 ASSIGNMENT. This Agreement shall not be assigned by either party with out the prior written consent of the other unless such assignment shall be to the affiliate or successor of either party. 5.10 FORCE MAJEURE. A party’s performance under this Agreement shall be excused if, and to the extent that, the party is unable to perform because of actions due to causes beyond its reasonable control such as, but not limited to, Acts of God, the acts of civil or military authority, loss of potable water sources, water system contamination, floods, quarantine restrictions, riot, strikes, commercial impossibility, fires, explosions, bombing, and all such interruptions of business, casualties, events, or circumstances reasonably beyond the control of the party obligated to perform, whether such other causes are related or unrelated, sim ilar or dissimilar, to any of the foregoing. In the event of any such force majeure, the party unable to perform shall promptly notify the other party of the existence of such force majeure and shall be required to resume performance of its obligations under this Agreement upon the termination of the aforementioned force majeure. 5.11 AUTHORITY TO CONTRACT. Each party warrants and represents that it has authority to enter into this Agreement and to perform the obligations, including any payment obligat ions, under this Agreement. Page 7 of 9 Resolution #104-2018 - Approval of Agreement with... Packet Page 59 Cross-Connection Control Program Service Agreement Page 7 5.12 GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin, regardless of the fact that any of the parties hereto may be or may become a resident of a different state or jurisdiction. Any suit or action arising shall be filed in a court of competent jurisdiction within the State of Wisconsin, venue by the presiding County . The parties hereby consent to the personal jurisdiction of said court within the State of Wisconsin. Any legal action regarding this Agreement shall be brought and maintained in the Circuit Court of Waukesha County, W isconsin. . 5.13 COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. 5.14 NOTICES. All notices, requests, demands, payments and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally or sent by nationally recognized overnight carrier, or mailed by certified mail, postage prepaid, return receipt requested, as follows: If to HydroCorp: HydroCorp c/o John Hudak 5700 Crooks Road, Ste. 100 Troy, MI 48337 (248) 250-5005 If to Utility: City of Muskego W189 S8235 Mercury Dr. Muskego WI 53150 5.15 SEVERABILITY. Should any part of this Agreement for any reason, be declared invalid or void, such declaration will not affect the remaining portion, which will remain in full force and effect as if the Agreement has been executed with the invalid portion eliminated . 5.16 IDEMNIFICATION. HydroCorp agrees to indemnify, defend, and hold harmless the Utility, its elected and appointed officials, officers, employees, agents, representatives, and volunteers, and each of them, from and against any and all claims, demands, damages, suits, and actions, including attorney’s fees, caused by reason of any act, omission, fault, or negligence, whether active or passive, of HydroCorp or of anyone acting under its direction or control or on its behalf. The obligation to indemnify, defend, and hold harmless the Utility, shall be applicable unless liability results from the sole negligence of the Utility, its elected and appointed officials, officers, employees, agents, representatives and volunteers. SIGNATURES IN WITNESS WHEREOF, the parties have duly executed this Agreement effective as of the date first above written. City of Muskego ____________________________ By: Title: HydroCorp ___________________________________ By: John Hudak Its: President Page 8 of 9 Resolution #104-2018 - Approval of Agreement with... Packet Page 60 Cross-Connection Control Program Service Agreement Page 8 Appendix Specific Qualifications & Experience HydroCorp™ is a professional service organization that specializes in Cross Connection Control Programs. Cross Connection Control Program Management & Training is the main core and focus of our business. We are committed to providing water utilities and local communities with a cost effective and professionally managed cross connection control program in order to assist in protecting the public water supply. • HydroCorp conducts over 30,000 Cross Connection Control Inspections annually. • HydroCorp tracks and manages over 35,000+ backflow prevention assemblies for our Municipal client base. • Our highly trained staff works in an efficient manner in order to achieve maximum productivity and keep program costs affordable. We have a detailed system and process that each of our field inspectors follow in order to meet productivity and quality assurance goals. • Our municipal inspection team is committed to providing outstanding customer service to the water users in each of the communities we serve. We teach and train customer service skills in addition to the technical skills since our team members act as representatives of the community that we service. • Our municipal inspection team has attended training classes and received certification from the following recognized Cross Connection Control Programs: UF TREEO, UW-Madison, and USC – Foundation for Cross Connection Control and Hydraulic Research, American Backflow Prevention Association (ABPA), American Society for Sanitary Engineering (ASSE). HydroCorp recognizes the importance of Professional Development and Learning. We invest heavily in internal and external training with our team members to ensure that each Field Service and Administrative team member has the skills and abilities to meet the needs of our clients. • We have a trained administrative staff to handle client needs, water user questions and answer telephone calls in a professional, timely and courtesy manner. Our administrative staff can answer most technical calls related to the cross connection control program and have attended basic cross connection control training classes. • HydroCorp currently serves over 200 communities in Michigan, Wisconsin, Maryland, Delaware, Virginia & Florida. We still have our first customer! • HydroCorp and its’ staff are active members in many water industry associations including: National Rural Water Association, State Rural Water Associations, National AWWA, State AWWA Groups, HydroCorp is committed to assisting these organizations by providing trainin g classes, seminars and assistance in the area of Cross Connection Control. • Several Fortune 500 companies have relied on HydroCorp to provide Cross Connection Control Surveys, Program Management & Reporting to assist in meeting state/local regulations as well as internal company guidelines. Page 9 of 9 Resolution #104-2018 - Approval of Agreement with... Packet Page 61 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 10 Ordinance #1425 - An Ordinance to Amend the Zoning... Packet Page 62 City of Muskego Plan Commission Supplement PC 062-2018 For the meeting of: December 4, 2018 REQUEST: Rezoning from I-1 (Government and Institutional District) to PD (Planned Development District) and a Comprehensive Plan Amendment for the former Muskego Elementary School Property Tax Key No. 2193.104 / S75 W17476 Janesville Road SE ¼ of Section 9 PETITIONER: Kevin McDonell of The Commonwealth Companies INTRODUCED: December 4, 2018 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 062-2018 The petitioner has submitted a rezoning request from I-1 Government and Institutional District to PD Planned Development District, based on the RM-1 zoning district. The purpose of the rezoning request is to facilitate the conversion of the existing Muskego Elementary School building into twenty-two (22) senior housing units and the addition of eighteen (18) three-bedroom townhouse style units (non-age restricted) within two multi-family buildings on the rear portion of the property. The twenty-two units within the converted Muskego Elementary School building will be split into ten one-bedroom units and twelve two- bedroom units. PLAN CONSISTENCY PC 062-2018 Comprehensive Plan:The 2020 Comprehensive Plan currently list shows property as Government, Institutional, Transportation and Utilities uses. The proposal is to change that to High Density Residential use (>3 units/acre). Zoning: The property is currently I-1 (Government and Institutional District). The zoning being requested is PD (Planned Development District) based on the RM-1 zoning district. Park and Conservation Plan: No acquisitions are proposed in this area. The proposal is consistent with the Plan. Street System Plan: No right-of-way or roadway changes are proposed at this time. Adopted 208 Sanitary Sewer Service Area: This area is served by municipal sewer. The proposal is consistent with the Plan. Water Capacity Assessment District: This area is served by municipal water. The proposal is consistent with the Plan. Stormwater Management Plan: Stormwater management will be reviewed once site development details are provided at a later date. DISCUSSION PC 062-2018 As is noted above, the requested PD – Planned Development would be based on the RM-1 - Multiple Family Residence District. The only requested modification as part of the PD district request from the base RM-1 zoning regulations would be the allowance of the twenty-two units in the existing school building, when the RM-1 district normally allows up to sixteen units in one building. They are asking for this so they can optimize the reuse of the old school building, while preserving its history and character as much as possible. 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 Page 2 of 10 Ordinance #1425 - An Ordinance to Amend the Zoning... Packet Page 63 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 proposed zoning allows one unit for each 5,000 SF of land and the proposal allocates 6,018 SF of land per unit. 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. Relating to the overall density of the project, there a total of forty units proposed on approximately 5.53 acres (240,755 square feet) and that equates to a density of 7.23 units/acre. That proposed density falls within the allowance of the requested high density land use category (>3 units/acre) as identified in the 2020 Comprehensive Plan. A public hearing for this request was held on November 27, 2018. There were eight people from the neighborhood that spoke at the meeting, seven of the residents that spoke at the meeting raised concerns with the proposal as follows: (Staff’s response to the comments that are addressable are noted after the comments in bold.) This is single-family neighborhood – Within a block of their neighborhood there are single- family homes, high density condos, and commercial uses. This should stay as a park/playground – Since the school district owns this property, they choose who they want to sell this property to and at what price. There are no plans for a new park in this specific area per the adopted 2017-2021 Parks and Conservation Plan. We cannot force the school district to make it a park. Doesn’t want big buildings; How tall will the building be? – The existing school will remain at its existing height and the possible townhomes are shown in concept as being a typical two-story structure with a pitched roof. This is comparable to any normal two-story home height. The zoning code does not allow the mid-point of the highest gable to exceed 30 feet, which is typical for all single-family districts too. What is the tax impact? – The school property does not currently pay taxes. The proposed uses will pay taxes as other multi-family projects in the City. This means more tax dollars coming into the City. Run-off from the school is an issue – As part of the redevelopment of this site, if it proceeds, all stormwater, grading, and run-off will be reviewed by our Engineering staff once the exact site development details are proposed. Typically, new development help with existing run-off/drainage issues since they are required to follow today’s standards, which are typically more protective than older standards and usually they help to help/limit or alleviate past drainage and stormwater issues. Who pays for improvements? – Any improvements needed on the site or to/around the site are typically the responsibility of the developer. We do not need more senior housing – The City cannot regulate how much senior housing we have. The developers chose if they want to age restrict a development, but the City cannot require any restrictions relating to age. The land was donated to the school; Can they sell it? – The school district owns this property and they choose who they want to sell this property to and at what price. What will the traffic patterns look like? – A basic site layout is included in the submittal, but full details will be further developed if the developer choses to proceed with this project. There are currently two access driveways proposed, one on the north end and one on the south end of Michi Drive. Will they have to pay to use the lake? Will they get free lake access? – Per mapping, it appears that they will be treated as an off-lake property, same as other off-lake properties are in the Little Muskego Lake District. For actual access to the Lake, they will have the same rights as all other members of the public via the City public lake access site, two of which are along Lake Drive in this area. There is no path through the property – The City does not typically require a public path through a private site. There are too many building for not enough people – The developer believes there is a market for their proposed development. Page 3 of 10 Ordinance #1425 - An Ordinance to Amend the Zoning... Packet Page 64 It is good they are preserving the school, but it’s too much senior housing – The school is proposed to be preserved. The developer believes there is a market for their proposed development. In the downtown area we need a sense of place – The Comprehensive Plan does suggest that as goal. This is a private site that the school district owns and can select whom they sell it to. We should consider the number of rentals we allow in the City; These should be owner occupied – The City cannot limit or restrict the number of rentals versus owner occupied homes/units. The City has taken lake right away – Not sure what this applies too. There are two public lake access sites on Lake Drive. Ok with the school portion of the project – No Comment 3 bedroom townhomes is too congested – This meets the density requirements of the requested zoning/land use. Too many people in a one block area – This meets the density requirements of the requested zoning/land use. The developer, Kevin McDonald, spoke at the hearing in favor of the project. He explained that his company was glad to try to be able to reuse the building on site and they thought it would be good to get this property back on the tax roll. He mentioned that Commonwealth has done about 50 other similar projects in Wisconsin. He also stated that their preliminary market study showed a good market for the apartments and senior housing. Lastly, the rezoning and Comprehensive Plan amendment approvals are subject to approval of a Building, Site and Operation Plan through the Plan Commission and a future time. STAFF RECOMMENDATION PC 062-2018 Approval of Resolution PC 062-2018, subject to approval of a Building, Site and Operation Plan through the Plan Commission. Page 4 of 10 Ordinance #1425 - An Ordinance to Amend the Zoning... Packet Page 65 RESOLUTION #P.C. 062-2018 RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM I-1 GOVERNMENT, INSTITUTIONAL, AND PUBLIC SERVICE DISTRICT TO A PLANNED DEVELOPMENT DISTRICT AND 2020 COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY LOCATED IN THE NE ¼ OF SECTION 9 (TAX KEY NO. 2193.104 / S75 W17476 JANESVILLE ROAD) WHEREAS, A petition to rezone a property from I-1 – Government, Institutional, and Public Services District to a Planned Development District and a 2020 Comprehensive Plan Amendment from Government, Institutional, Transportation and Utilities use to High Density Residential Use (>3 units/acre) was submitted for the property located in the NE ¼ of Section 9 (Tax Key No. 2193.104 / S75 W17476 Janesville Road), and WHEREAS, The overall request is for a rezoning and land use to facilitate the conversion of the existing Muskego Elementary School building into twenty-two (22) senior housing units and the addition of eighteen (18) three-bedroom townhouse style units (non-age restricted) within two multi-family buildings on the rear portion of the property, and WHEREAS, The twenty-two units within the converted Muskego Elementary School building will be split into ten one-bedroom units and twelve two-bedroom units, and WHEREAS, A Public Hearing for this request was heard before the Common Council on November 27, 2018, and WHEREAS, The requested PD – Planned Development would be based on the RM-1 - Multiple Family Residence District, and WHEREAS, The only requested modification as part of the PD district request from the base RM-1 zoning regulations would be the allowance of the twenty-two units in the existing school building, when the RM-1 district normally allows up to sixteen units in one building, and WHEREAS, The PD, based on the RM-1 district, allows one unit for each 5,000 SF of land and the proposal allocates 6,018 SF of land per unit, and WHEREAS, 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, and WHEREAS, Relating to the overall density of the project, there a total of forty units proposed on approximately 5.53 acres (240,755 square feet) and that equates to a density of 7.23 units per acres, and WHEREAS, That proposed density falls within the allowance of the requested high density land use category (>3 units/acre) as identified in the 2020 Comprehensive Plan. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council to rezone a property from I-1 – Government, Institutional, and Public Services District to a Planned Development District and a 2020 Comprehensive Plan Amendment from Government, Institutional, Transportation and Utilities to High Density Residential Use for the property located in the NE ¼ of Section 9 (Tax Key No. 2193.104 / S75 W17476 Janesville Road). BE IT FURTHER RESOLVED, The rezoning and Comprehensive Plan amendment approvals are subject to approval of a Building, Site and Operation Plan through the Plan Commission and a future time. BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the Building Department and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall result in the imposition of fines of $100 per day, the initiation of legal action, or both. Page 5 of 10 Ordinance #1425 - An Ordinance to Amend the Zoning... Packet Page 66 Plan Commission City of Muskego Adopted: December 4, 2018 Defeated: Deferred: Introduced: December 4, 2018 ATTEST: Adam Trzebiatowski, Planning Manager Page 6 of 10 Ordinance #1425 - An Ordinance to Amend the Zoning... Packet Page 67 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 Page 7 of 10 Ordinance #1425 - An Ordinance to Amend the Zoning... Packet Page 68 1 0 S T A L L G A R A G E EXISTIN G SCHOO L 22 UNIT S T O T A L U N I T S 10 - 1 B E D 12 - 2 B E D B U I L D I N G # 2 1 0 U N I T T O W N H O U S E A P A R T M E N T ( 3 B E D R O O M S ) B U I L D I N G # 1 8 U N I T T O W N H O U S E A P A R T M E N T ( 3 B E D R O O M S ) 1 0 S T A L L G A R A G E 8 S T A L L G A R A G E 1 2 S T A L L G A R A G E 20 1 8 M + A D E S I G N , I N C c l. p e t r i e @ m a d e s i g n i n c . n e t ( 9 2 0 ) 9 2 2 - 8 1 7 0 JOB NUMBER: SHEET 25 S O U T H M A I N S T R E E T FO N D d u L A C , W I S C O N S I N 5 4 9 3 5 CO M P A N I E S CO M M O N W E A L T H 9 S H E B O Y G A N S T R E E T (9 2 0 ) 9 2 2 - 8 1 7 0 F A X : ( 9 2 0 ) 9 2 2 - 8 1 7 1 2018.30 NE W P R O J E C T F O R : MU S K E G O S C H O O L S7 5 W 1 7 4 7 8 J A N E S V I L L E R D . MU S K E G O , W I FO N D d u L A C , W I S C O N S I N 5 4 9 3 5 PR E L I M I N A R Y D R A W I N G - N O T F O R C O N S T R U C T I O N PRELIMINARY SHEET DATES: C1.0Page 8 of 10 Ordinance #1425 - An Ordinance to Amend the Zoning... Packet Page 69 Page 9 of 10 Ordinance #1425 - An Ordinance to Amend the Zoning... Packet Page 70 Page 10 of 10 Ordinance #1425 - An Ordinance to Amend the Zoning... Packet Page 71 Approved CITY OF MUSKEGO FINANCE COMMITTEE MINUTES November 13, 2018 5:40 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 5:40 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 Hammel, Borgman, Kapusta and Engelhardt. Also present: City Attorney Warchol, Public Works and Development Director Kroeger 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 23, 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 Ryan Lovald and Dakota Martinez. Alderperson Madden seconded; motion carried. NEW BUSINESS Recommendation to Amend the Deposit and Forfeiture Schedule Attorney Warchol stated that it is a good idea to review the Schedule periodically. The Schedule addresses all Ordinance violations. He reviewed it following completion of the Municipal Code Recodification project comparing the amounts to those used by other municipalities. Some changes have been recommended. Alderperson Madden made a motion to recommend approval. Alderperson Kubacki seconded; motion carried. Recommend Final Release of Letter of Credit for Belle Chasse Subdivision Additions #2 and #3 Alderperson Madden made a motion to recommend approval. Alderperson Kubacki seconded; motion carried. VOUCHER APPROVAL Utility Vouchers Alderperson Wolfe made a motion to recommend approval of Utility Vouchers in the amount of $52,053.09. Alderperson Madden seconded; motion carried. Page 1 of 2 Finance Committee - November 13, 2018 Packet Page 72 Finance Committee Minutes 2 November 13, 2018 General Fund Alderperson Wolfe made a motion to recommend approval of General Fund Vouchers in the amount of $1,160,724.39. 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 $333,343.28. Alderperson Madden seconded; motion carried. ADJOURNMENT Alderperson Madden made a motion to adjourn at 5:44 p.m. Alderperson Kubacki seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk. Page 2 of 2 Finance Committee - November 13, 2018 Packet Page 73 Approved CITY OF MUSKEGO PLAN COMMISSION MINUTES November 8, 2018 6:00 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Chiaverotti, Alderman Kubacki, Commissioners Bartlett, Buckmaster and Jacques and Planner Trzebiatowski Absent: Commissioners Graf and Peardon Guests: Mark Hammond, VP of Development at MSP Real Estate; Jerry Bourquin, Dimension IV- Madison STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the minutes of October 2, 2018. Commissioner Jacques made a motion to approve the minutes of the October 2, 2018 meeting. Ald. Kubacki seconded. Motion passed unanimously. CONSENT BUSINESS RESOLUTION PC 056-2018 Approval of an Annual Review for Pick 'n Save located at S74 W17005 Janesville Road / Tax Key No. 2199.999.065. RESOLUTION PC 058-2018 Approval of an Accessory Structure for the Sterzinger property located at W145 S9620 Groveway Lane / Tax Key No. 2261.994. Commissioner Jacques made a motion to approve all Consent Business. Commissioner Buckmaster seconded. Motion passed unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 057-2018 Recommendation to Council to Rezone a portion of the former Parks Garage property from PI-1 Park & Recreation Lands District to B-3 General Business District located at W180 S7732 Pioneer Drive / Tax Key No. 2196.976 and 2196.988. Commissioner Jacques made a motion to approve Resolution PC 057-2018. Ald. Kubacki seconded. Motion to approve Resolution PC 057-2018 passed unanimously.Page 1 of 2 Plan Commission - November 8, 2018 Packet Page 74 RESOLUTION PC 059-2018 Approval of a Building Site and Operation Plan Amendment for Heritage Muskego/MSP located at S64 W13780 Janesville Road / Tax Key No. 2162.996.003. Ald. Kubacki made a motion to approve Resolution PC 059-2018. Commissioner Jacques seconded. Planner Trzebiatowski gave an overview of the previous approval for Heritage Muskego and why they are back before the Plan Commission now. He continued upon final inspections, it was noted that the amount of masonry on the building was different than what was previously approved. The Development team at MSP was notified immediately. They explained after speaking to their designer, it was done for architectural reasons. These changes were never sent to the State for approval. MSP is claiming it was an inadvertent error. Planner Trzebiatowski continued the City issued Temporary Occupancy only to accommodate new tenants while this issue was brought forward to Plan Commission to resolve. Mr. Hammond gave his overview of the project and MSP’s presence in Southeast Wisconsin. He stated the masonry changes were already being discussed in the early stages of this project and he never thought about resubmitting these changes to the State or the City. Mr. Bourquin presented a technical explanation of the changes that were made, many due to storm water elevations. This lead to architectural changes of the masonry along the primary elevation and around the windows. Mayor Chiaverotti gave the Plan Commission their options of what they can and cannot vote on, based on conversations with the City Attorney. She gave them a maximum fine of $200 per day or forcing MSP to make corrections, plus reminded them about setting precedence for the future. The Plan Commission discussed as a whole the idea of forcing MSP to correct the masonry or issue a fine and what kind of precedence this could set for future projects. Commissioner Jacques made a motion to Amend Resolution PC 059-2018 to include: BE IT FURTHER RESOLVED, that a fine of $50.00 per day for 56 days be issued. Seconded by Commissioner Buckmaster. Motion to Amend Resolution PC 059-2018 passed 4-1 with Ald. Kubacki voting against. Motion to approve Resolution PC 059-2018 passed unanimously. MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Buckmaster made a motion to adjourn at 6:56 PM. Ald. Kubacki seconded. Motion passed unanimously. Respectfully Submitted, Wendy Fredlund Recording Secretary Page 2 of 2 Plan Commission - November 8, 2018 Packet Page 75 COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1426 AN ORDINANCE TO AMEND CHAPTER 30, SECTION 30-1, OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Polling Places) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: - Chapter 30, Section 30-1, of the Municipal Code of the City of Muskego is hereby amended to read as follows: 30-1 Polling places. (Changes indicated in red.) Wards 1, 2 and 3 Lakepoint Church District 1 S63 W13694 Janesville Road Wards 4 and 5 Muskego Public Library District 2 S73 W16663 Janesville Road Wards 6, 7 and 8 Atonement Lutheran Church District 3 S70 W16244 Martin Drive Wards 9 and 10 Muskego City Hall District 4 W182 S8200 Racine Avenue Wards 11 and 12 Fox River Christian Church District 5 S67 W19491 Tans Drive Wards 13 and 14 Praise-Fellowship Church District 6 W195 S9912 Racine Avenue Wards 15 and 16 Tudor Oaks Retirement Community District 7 S77 W12929 McShane Drive 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 8th DAY OF JANUARY , 2019. Page 1 of 2 Ordinance #1426 - An Ordinance to Amend Chapter 30,... Packet Page 76 Ordinance #1426 CITY OF MUSKEGO _______________________________ Kathy Chiaverotti, Mayor ATTEST: First reading: 12/11/2018 _________________________ Clerk-Treasurer Ordinance Published: January 16, 2019 12/18sem Page 2 of 2 Ordinance #1426 - An Ordinance to Amend Chapter 30,... Packet Page 77 COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1427 AN ORDINANCE TO AMEND THE ZONING MAP AND 2020 COMPREHENSIVE PLAN OF THE CITY OF MUSKEGO (B-4 to M-1 – Meinen/D & J and Sons LLC) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: The following described property is hereby rezoned from B-4 – Highway Business District to M-1 – Light Industrial District Tax Key No. 2259.981.002/North Cape 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 Business to Industrial uses. 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 JANUARY , 2019. CITY OF MUSKEGO _______________________________ Kathy Chiaverotti, Mayor First Reading: 12/11/2018 ATTEST: ______________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: Page 1 of 1 Ordinance #1427 - An Ordinance to Amend the Zoning... Packet Page 78 Council Date DECEMBER 11, 2018 Total Vouchers All Funds $1,426,624.22 Total Voucher Approval Utility Vouchers (Approve Separately) Water Vouchers $20,246.18 Water Wire Transfers Total Water $20,246.18 Sewer Vouchers 34,810.93 Sewer Wire Transfers Total Sewer $34,810.93 Net Total Utility Vouchers $ 55,057.11 #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 $1,371,567.11 General Fund Void Checks ()** Total General Fund Vouchers $ 1,371,567.11 #3 - General Voucher Approval Big Muskego Lake Vouchers $ Development Fund Vouchers $ Wire transfers (Approve Separately): Tax Settlements $ Debt Service $ Payroll/Invoice Transmittals $337,898.51 #4 - Wire Transfers Approval Void Checks Since Last Report Check #Amount Check #Amount Total *** Total 0.00 *Total *** Page 1 of 13 Voucher Report Packet Page 79 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1 Report dates: 11/28/2018-12/11/2018 Dec 06, 2018 01:40PM 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 ABRAHAM'S ON-SITE SHREDDING SERVICE 181127-04 1 Invoice PAPER SHREDDING NOV - CITY H 11/27/2018 12/11/2018 54.00 1218 100.01.06.00.5701 181127-04 2 Invoice PAPER SHREDDING NOV - POLIC 11/27/2018 12/11/2018 45.00 1218 100.02.20.01.5723 Total ABRAHAM'S ON-SITE SHREDDING SERVICE:99.00 ABSOLUTE CONSTRUCTION ENTERPRISES 3703 1 Invoice MUSKEGO POLICE DEPT ADDITIO 11/30/2018 12/11/2018 856,996.21 1218 401.08.91.20.6550 3704 1 Invoice MUSKEGO PUBLIC WORKS BLDG 11/30/2018 12/11/2018 25,248.30 1218 401.08.93.51.6550 Total ABSOLUTE CONSTRUCTION ENTERPRISES:882,244.51 AMERICAN LITHO, INC. 254036-01 1 Invoice WINTER/SPRING PROGRAM GUID 11/26/2018 12/11/2018 3,598.00 1218 100.05.72.10.5820 Total AMERICAN LITHO, INC.:3,598.00 ANDY KRAATZ OVERHEAD DOORS, LLC 1663 1 Invoice INSTALLED KEYLESS ENTRY AND 11/26/2018 12/11/2018 300.00 1218 401.08.93.51.6550 Total ANDY KRAATZ OVERHEAD DOORS, LLC:300.00 ASI SIGNAGE INNOVATIONS IOWA 209327 1 Invoice SIGNAGE 11/27/2018 12/11/2018 3,281.00 1218 410.08.90.71.6508 Total ASI SIGNAGE INNOVATIONS:3,281.00 ASSURANT EMPLOYEE BENEFITS 60169/121118 1 Invoice ACCIDENT - NOVEMBER 2018 11/19/2018 12/11/2018 128.41 1218 100.00.00.00.2247 60169/121118 2 Invoice CRITICAL ILLNESS - NOVEMBER 2 11/19/2018 12/11/2018 43.80 1218 100.00.00.00.2248 60169/121118 3 Invoice LONG TERM DIS - N0VEMBER 201 11/19/2018 12/11/2018 373.30 1218 100.00.00.00.2246 60169/121118 4 Invoice SHORT TERM DIS - NOVEMBER 2 11/19/2018 12/11/2018 488.01 1218 100.00.00.00.2243 Total ASSURANT EMPLOYEE BENEFITS:1,033.52 BAKER & TAYLOR COMPANY 0003128458 1 Invoice PRINT 11/13/2018 12/11/2018 3.57- 1218 100.05.71.01.5711 0003128459 1 Invoice PRINT 11/13/2018 12/11/2018 10.71- 1218 100.05.71.01.5711 2034110546 1 Invoice PRINT 11/02/2018 12/11/2018 1,106.37 1218 100.05.71.01.5711 2034130741 1 Invoice REPLACEMENT 11/09/2018 12/11/2018 16.65 1218 100.05.71.00.5774 2034130741 2 Invoice PRINT 11/09/2018 12/11/2018 398.53 1218 100.05.71.01.5711 2034131313 1 Invoice PRINT 11/09/2018 12/11/2018 448.99 1218 100.05.71.01.5711 2034131424 1 Invoice PRINT 11/09/2018 12/11/2018 293.19 1218 100.05.71.01.5711 2034136055 1 Invoice REPLACEMENT 11/13/2018 12/11/2018 16.69 1218 100.05.71.00.5774 2034136055 2 Invoice PRINT 11/13/2018 12/11/2018 385.32 1218 100.05.71.01.5711 2034137185 1 Invoice PRINT 11/13/2018 12/11/2018 4,883.63 1218 100.05.71.01.5711 2034144546 1 Invoice PRINT 11/16/2018 12/11/2018 113.15 1218 100.05.71.01.5711 2034150808 1 Invoice PRINT 11/20/2018 12/11/2018 1,111.08 1218 100.05.71.01.5711 2034152901 1 Invoice PRINT 11/20/2018 12/11/2018 407.77 1218 100.05.71.01.5711 2034155818 1 Invoice PRINT 11/21/2018 12/11/2018 98.79 1218 100.05.71.01.5711 2034161803 1 Invoice PRINT 11/24/2018 12/11/2018 1,342.72 1218 100.05.71.01.5711 Page 2 of 13 Voucher Report Packet Page 80 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2 Report dates: 11/28/2018-12/11/2018 Dec 06, 2018 01:40PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 5015250886 1 Invoice PRINT 11/14/2018 12/11/2018 55.69 1218 100.05.71.01.5711 5015260839 1 Invoice PRINT 11/21/2018 12/11/2018 115.34 1218 100.05.71.01.5711 5015269667 1 Invoice PRINT 11/28/2018 12/11/2018 72.89 1218 100.05.71.01.5711 Total BAKER & TAYLOR COMPANY:10,852.52 BAKER & TAYLOR ENTERTAINMENT H11274540 1 Invoice AV 11/09/2018 12/11/2018 14.39 1218 100.05.71.02.5711 H11297980 1 Invoice AV 11/09/2018 12/11/2018 1,717.77 1218 100.05.71.02.5711 H11468530 1 Invoice AV 11/11/2018 12/11/2018 28.79 1218 100.05.71.02.5711 H11769950 1 Invoice AV 11/13/2018 12/11/2018 24.61 1218 100.05.71.02.5711 H11769951 1 Invoice AV 11/13/2018 12/11/2018 17.99 1218 100.05.71.02.5711 H11817990 1 Invoice AV 11/13/2018 12/11/2018 711.54 1218 100.05.71.02.5711 H11844470 1 Invoice AV 11/13/2018 12/11/2018 14.36 1218 100.05.71.02.5711 H11989450 1 Invoice AV 11/14/2018 12/11/2018 24.47 1218 100.05.71.02.5711 H12004210 1 Invoice AV 11/14/2018 12/11/2018 11.88 1218 100.05.71.02.5711 H12012890 1 Invoice AV 11/14/2018 12/11/2018 25.19 1218 100.05.71.02.5711 H12048980 1 Invoice AV 11/14/2018 12/11/2018 299.32 1218 100.05.71.02.5711 H12149300 1 Invoice AV 11/15/2018 12/11/2018 11.88 1218 100.05.71.02.5711 H12170630 1 Invoice AV 11/15/2018 12/11/2018 22.31 1218 100.05.71.02.5711 H12271220 1 Invoice AV 11/16/2018 12/11/2018 36.71 1218 100.05.71.02.5711 H12538680 1 Invoice AV 11/18/2018 12/11/2018 17.98 1218 100.05.71.02.5711 H12775120 1 Invoice AV 11/19/2018 12/11/2018 11.03 1218 100.05.71.02.5711 H12876730 1 Invoice AV 11/20/2018 12/11/2018 48.38 1218 100.05.71.02.5711 H12876731 1 Invoice AV 11/20/2018 12/11/2018 57.58 1218 100.05.71.02.5711 H12876732 1 Invoice AV 11/20/2018 12/11/2018 22.31 1218 100.05.71.02.5711 H13052700 1 Invoice AV 11/21/2018 12/11/2018 10.76 1218 100.05.71.02.5711 H13053330 1 Invoice AV 11/21/2018 12/11/2018 12.22 1218 100.05.71.02.5711 H13234700 1 Invoice AV 11/22/2018 12/11/2018 53.98 1218 100.05.71.02.5711 H15161030 1 Invoice AV 11/27/2018 12/11/2018 79.16 1218 100.05.71.02.5711 H15161031 1 Invoice AV 11/27/2018 12/11/2018 189.84 1218 100.05.71.02.5711 H15470280 1 Invoice AV 11/28/2018 12/11/2018 22.91 1218 100.05.71.02.5711 H15470281 1 Invoice AV 11/28/2018 12/11/2018 33.08 1218 100.05.71.02.5711 H15664240 1 Invoice AV 11/29/2018 12/11/2018 37.41 1218 100.05.71.02.5711 T90176120 1 Invoice AV 11/09/2018 12/11/2018 57.88 1218 100.05.71.02.5711 T90473710 1 Invoice AV 11/13/2018 12/11/2018 85.60 1218 100.05.71.02.5711 Total BAKER & TAYLOR ENTERTAINMENT:3,701.33 BLAZE LANDSCAPE CONTRACTING INC BL121118-ENG 1 Invoice NORTH CAPE ROAD RECREATION 12/04/2018 12/11/2018 16,587.26 1218 202.08.94.74.6573 Total BLAZE LANDSCAPE CONTRACTING INC:16,587.26 BSN SPORTS 903693370 1 Invoice PICKELBALL FLOOR TAPE 11/21/2018 12/11/2018 18.28 1218 100.05.72.13.5702 Total BSN SPORTS:18.28 CITY PRESS, INC 170423 1 Invoice FORM 1064 11/20/2018 12/11/2018 92.12 1218 100.02.20.01.5723 Total CITY PRESS, INC:92.12 CLERK OF CIRCUIT COURT 16028 1 Invoice BOND ANDRE FRAUSTO 12/05/2018 12/11/2018 1,000.00 1218 100.01.08.00.4272 Page 3 of 13 Voucher Report Packet Page 81 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3 Report dates: 11/28/2018-12/11/2018 Dec 06, 2018 01:40PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total CLERK OF CIRCUIT COURT:1,000.00 COMMUNITY MEMORIAL HOSPITAL 1292371 1 Invoice BLOOD DRAW 11/20/2018 12/11/2018 33.00 1218 100.02.20.01.5722 1460534 1 Invoice BLOOD DRAW 11/07/2018 12/11/2018 33.00 1218 100.02.20.01.5722 1797450 1 Invoice BLOOD DRAW 11/09/2018 12/11/2018 33.00 1218 100.02.20.01.5722 2384149 1 Invoice BLOOD DRAW 10/22/2018 12/11/2018 33.00 1218 100.02.20.01.5722 729252 1 Invoice BLOOD DRAW 11/11/2018 12/11/2018 33.00 1218 100.02.20.01.5722 Total COMMUNITY MEMORIAL HOSPITAL:165.00 COMPLETE OFFICE OF WIS 954414 1 Invoice TONER CARTRIDGE 11/06/2018 12/11/2018 93.75 1218 100.02.20.01.5701 955717 1 Invoice IR FOLDERS 11/07/2018 12/11/2018 48.92 1218 100.02.20.01.5701 957889 1 Invoice CREDIT WRONG FOLDERS 11/08/2018 12/11/2018 61.78- 1218 100.02.20.01.5701 970941 1 Invoice CLERICAL SUPPLIES 11/27/2018 12/11/2018 19.06 1218 100.02.20.01.5701 975254 1 Invoice BINDER CLIPS 11/30/2018 12/11/2018 9.75 1218 100.02.20.01.5701 Total COMPLETE OFFICE OF WIS:109.70 COMPUTYPE, INC 639807 1 Invoice BAR CODE LABEL KITS 11/09/2018 12/11/2018 2,491.43 1218 100.05.71.00.5702 Total COMPUTYPE, INC:2,491.43 CORE & MAIN LP J826122 1 Invoice MAIN BREAK WOODS & QUIETWO 11/20/2018 12/11/2018 708.36 1218 605.54.06.51.5410 Total CORE & MAIN LP:708.36 DIVERSIFIED BENEFIT SERV INC. 272865 1 Invoice FSA FEES - NOVEMBER 2018 11/16/2018 12/11/2018 188.85 1218 100.01.06.00.5203 Total DIVERSIFIED BENEFIT SERV INC.:188.85 EAGLE MEDIA, INC. 00127348 1 Invoice ANDERSON UNIFORMS 12/04/2018 12/11/2018 150.79 1218 100.02.20.10.5151 EA121118/DP 1 Invoice BLDG 11/01/2018 12/11/2018 50.00 1218 100.04.51.11.5415 Total EAGLE MEDIA, INC.:200.79 EDC EDUCATIONAL SERVICES DIR3564384 1 Invoice PRINT 11/19/2018 12/11/2018 253.83 1218 100.05.71.01.5711 Total EDC EDUCATIONAL SERVICES:253.83 EDWARDS, WILLIAM ED121118-RE 1 Invoice PROGRAM GUIDE AD SALES 11/17/2018 12/11/2018 160.00 1218 100.05.72.10.5820 Total EDWARDS, WILLIAM:160.00 ELLIOTT'S ACE HARDWARE 601005/121118 1 Invoice CITY HALL MAINTENANCE 11/30/2018 12/11/2018 29.34 1218 100.01.09.00.5415 601005/121118 2 Invoice SEWER MAINTENANCE 11/30/2018 12/11/2018 60.25 1218 601.61.61.15.5415 601005/121118 3 Invoice LIBRARY MAINTENANCE 11/30/2018 12/11/2018 17.78 1218 100.05.71.00.5415 601005/121118 4 Invoice DPW MAINTENANCE 11/30/2018 12/11/2018 2.40 1218 601.61.61.15.5415 601005/121118 5 Invoice BUILDING SUPPLIES 11/30/2018 12/11/2018 6.16 1218 100.04.51.08.5415 Page 4 of 13 Voucher Report Packet Page 82 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4 Report dates: 11/28/2018-12/11/2018 Dec 06, 2018 01:40PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 601005/121118 6 Invoice POLICE MAINTENANCE 11/30/2018 12/11/2018 24.77 1218 100.02.20.01.5415 Total ELLIOTT'S ACE HARDWARE:140.70 FASTENAL COMPANY WIMUK74532 1 Invoice SUPPLIES 11/12/2018 12/11/2018 17.88 1218 601.61.61.15.5415 WIMUK74532 2 Invoice SUPPLIES 11/12/2018 12/11/2018 17.87 1218 605.54.06.41.5702 Total FASTENAL COMPANY:35.75 FERGUSON WATERWORKS #1476 0262004 1 Invoice REGISTERS & TRANSMITTERS M 11/28/2018 12/11/2018 4,925.57 1218 605.00.00.00.1953 0262174 1 Invoice 1 - 1 1/2" MTR 11/21/2018 12/11/2018 687.01 1218 605.00.00.00.1953 Total FERGUSON WATERWORKS #1476:5,612.58 FINDAWAY WORLD LLC 271826 1 Invoice AV 11/12/2018 12/11/2018 843.97 1218 100.05.71.02.5711 272994 1 Invoice AV 11/29/2018 12/11/2018 819.84 1218 100.05.71.02.5711 Total FINDAWAY WORLD LLC:1,663.81 FOTH INFRASTRUCTURE & 59418 1 Invoice EDGWATER HEIGHTS 11/20/2018 12/11/2018 301.00 1218 507.00.00.00.2672 59421 1 Invoice HILLENDALE DRIVE RECONSTRU 11/20/2018 12/11/2018 7,668.00 1218 401.08.91.19.6507 Total FOTH INFRASTRUCTURE &:7,969.00 FRANKLIN AGGREGATES, INC. 1590163 1 Invoice STONE 11/21/2018 12/11/2018 871.89 1218 100.04.51.02.5741 Total FRANKLIN AGGREGATES, INC.:871.89 GALLS, LLC,-DBA RED THE UNIFORM TAILOR BC0708843 1 Invoice PATTERSON UNIFORMS 11/06/2018 12/11/2018 59.95 1218 100.02.20.01.5151 BC0718650 1 Invoice HASH MARKS UNIFORMS 11/21/2018 12/11/2018 18.44 1218 100.02.20.01.5151 BC0721184 1 Invoice HASH MARKS JOHNANIK 11/27/2018 12/11/2018 14.85 1218 100.02.20.01.5151 Total GALLS, LLC,-DBA RED THE UNIFORM TAILOR:93.24 GLEASON REDI MIX 272227 1 Invoice REDIMIX 11/09/2018 12/11/2018 600.00 1218 100.04.51.04.5744 272285 1 Invoice SHOP 11/13/2018 12/11/2018 350.00 1218 100.04.51.08.5415 Total GLEASON REDI MIX:950.00 GRAEF INC 0100422 1 Invoice COMP PLAN UPDATE 2018 11/09/2018 12/11/2018 2,025.00 1218 410.08.91.19.6510 0100655 1 Invoice BELLE CHASSE III 11/16/2018 12/11/2018 468.00 1218 507.00.00.00.2708 0100655 2 Invoice FOUR FRONT DEVELOPMENT 11/16/2018 12/11/2018 275.00 1218 507.00.00.00.2644 0100655 3 Invoice JEWELL HILLENDALE 2 LOT CSM 11/16/2018 12/11/2018 50.00 1218 507.00.00.00.2750 0100655 4 Invoice 4 FRONT ENG SOLUTIONS 11/16/2018 12/11/2018 162.53 1218 507.00.00.00.2644 0100655 5 Invoice RPAD PROGRAM 11/16/2018 12/11/2018 6,908.90 1218 100.07.51.02.6502 0100655 6 Invoice MNSD FIBER OPTIC REVIEW 11/16/2018 12/11/2018 50.00 1218 507.00.00.00.2732 0100655 7 Invoice RACINE AVE & MARTIN TRAIL PRO 11/16/2018 12/11/2018 1,993.26 1218 202.08.94.74.6573 0100655 8 Invoice BAY LANE RECONSTRUCTION 11/16/2018 12/11/2018 430.44 1218 401.08.91.19.6504 0100656 1 Invoice GENERAL ENGINEERING SERVIC 11/16/2018 12/11/2018 2,317.70 1218 100.04.19.00.5815 0100657 1 Invoice ROAD PROGRAM 11/16/2018 12/11/2018 593.63 1218 100.07.51.02.6502 Page 5 of 13 Voucher Report Packet Page 83 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5 Report dates: 11/28/2018-12/11/2018 Dec 06, 2018 01:40PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 0100658 1 Invoice MS4 PERMIT 11/16/2018 12/11/2018 192.90 1218 100.04.19.00.5815 0100659 1 Invoice HI VIEW DRIVE WATER MAIN CON 11/16/2018 12/11/2018 780.00 1218 507.00.00.00.2733 0100660 1 Invoice PORTABLE TOILET BID 11/16/2018 12/11/2018 274.50 1218 100.04.19.00.5815 0100661 1 Invoice WILL ROSE APTS 11/16/2018 12/11/2018 1,854.89 1218 507.00.00.00.2699 0100662 1 Invoice HARVEST COURT EXTENSION 11/16/2018 12/11/2018 2,158.38 1218 507.00.00.00.2770 0100663 1 Invoice JEWELL LAKE DENOON DEVELOP 11/16/2018 12/11/2018 50.00 1218 507.00.00.00.2777 0100664 1 Invoice JIFFY LUBE 11/16/2018 12/11/2018 750.00 1218 507.00.00.00.2717 0100665 1 Invoice HRIN 4 LOT DEVELOPMENT 11/16/2018 12/11/2018 50.00 1218 507.00.00.00.2783 0100666 1 Invoice 2018 BRIDGE INSPECTION 11/16/2018 12/11/2018 3,194.17 1218 100.04.51.09.5744 0100667 1 Invoice RYAN CREEK INTERCEPTOR ODO 11/16/2018 12/11/2018 156.00 1218 601.61.63.43.5815 0100668 1 Invoice PARK ARTHUR DRAINAGE 11/16/2018 12/11/2018 50.00 1218 100.04.19.00.5815 0100670 1 Invoice FIELD OF DREAMS CSM 11/16/2018 12/11/2018 2,630.75 1218 507.00.00.00.2660 0100671 1 Invoice 2019 FACILITIES CLEANING 11/16/2018 12/11/2018 870.50 1218 100.04.19.00.5815 Total GRAEF INC:28,286.55 GRAINGER 9958472582 1 Invoice HEATER 11/07/2018 12/11/2018 336.60 1218 601.61.61.15.5415 9958860679 1 Invoice CABINET 11/07/2018 12/11/2018 77.99 1218 601.61.61.15.5415 Total GRAINGER :414.59 HAWKINS, INC. 4397116 1 Invoice AZONE 11/13/2018 12/11/2018 1,147.90 1218 605.53.06.31.5750 Total HAWKINS, INC.:1,147.90 HEARTLAND BUSINESS SYSTEMS 289886-H 1 Invoice PD-911-FIREWALL RENEWAL 11/20/2018 12/11/2018 2,321.58 1218 100.02.20.01.5504 Total HEARTLAND BUSINESS SYSTEMS:2,321.58 HUMPHREY SERVICE PARTS 1192344 1 Invoice PARTS PLOW WING 11/16/2018 12/11/2018 628.44 1218 100.04.51.07.5405 1192394 1 Invoice WORK LAMP 11/17/2018 12/11/2018 146.00 1218 100.04.51.08.5415 1192599 1 Invoice SUPPLIES 11/20/2018 12/11/2018 407.65 1218 100.04.51.07.5405 1192802 1 Invoice 8G-8MJ 11/23/2018 12/11/2018 30.72 1218 100.04.51.07.5704 1192877 1 Invoice TR65-6MJ 11/24/2018 12/11/2018 13.34 1218 100.04.51.07.5704 Total HUMPHREY SERVICE PARTS:1,226.15 IMPACT ACQUISTIONS LLC 1265199 1 Invoice STAFF PRINTER BASE - 10/11/18-0 11/08/2018 12/11/2018 431.82 1218 100.05.71.00.5401 1265205 1 Invoice STAFF PRINTER BASE -5/31/18-10/ 11/08/2018 12/11/2018 626.84 1218 100.05.71.00.5401 Total IMPACT ACQUISTIONS LLC:1,058.66 J.G. UNIFORMS INC 45299 1 Invoice SANDRETTI VEST CARRIER 11/08/2018 12/11/2018 191.06 1218 100.02.20.01.5151 45763 1 Invoice SUNNY VEST CARRIER 11/16/2018 12/11/2018 171.06 1218 100.02.20.01.5151 Total J.G. UNIFORMS INC:362.12 JAMES IMAGING SYSTEMS INC 863740 1 Invoice COPIER 11/16/2018 12/11/2018 35.17 1218 100.04.51.01.5701 863740 2 Invoice COPIER 11/16/2018 12/11/2018 35.17 1218 605.56.09.21.5401 863740 3 Invoice COPIER 11/16/2018 12/11/2018 35.17 1218 601.61.63.42.5701 Page 6 of 13 Voucher Report Packet Page 84 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6 Report dates: 11/28/2018-12/11/2018 Dec 06, 2018 01:40PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total JAMES IMAGING SYSTEMS INC:105.51 JANI-KING INC- MILW REGION MIL12180153 1 Invoice CLEANING - CITY HALL DECEMBE 12/01/2018 12/11/2018 2,345.00 1218 100.01.09.00.5835 MIL12180153 2 Invoice CLEANING - POLICE DEPT DECEM 12/01/2018 12/11/2018 1,728.00 1218 100.02.20.01.5835 MIL12180153 3 Invoice CLEANING - LIBRARY DECEMBER 12/01/2018 12/11/2018 3,049.00 1218 100.05.71.00.5835 MIL12180153 4 Invoice CLEANING - TOWN HALL DECEMB 12/01/2018 12/11/2018 363.00 1218 100.05.72.03.5820 MIL12180153 5 Invoice CLEANING - PARK ARTHUR DECE 12/01/2018 12/11/2018 480.00 1218 100.04.51.01.5820 Total JANI-KING INC- MILW REGION:7,965.00 JEWELL HOMES LLC JE121118-ENG 1 Invoice HILLENDALE SANITARY SEWER 12/04/2018 12/11/2018 19,680.44 1218 601.00.00.00.3410 Total JEWELL HOMES LLC:19,680.44 JM BRENNAN, INC. SALES000099 1 Invoice HVAC SYSTEM SETTINGS/SETPOI 08/31/2018 12/11/2018 829.80 1218 100.05.71.00.5415 Total JM BRENNAN, INC.:829.80 JM CONTRACTORS JM121118-EN 1 Invoice REFUND SIROVINA PLAN REVIEW 11/29/2018 12/11/2018 125.00 1218 100.02.25.00.4250 JM121118-EN 2 Invoice SOIL EROSION 11/29/2018 12/11/2018 150.00 1218 100.02.25.00.4250 JM121118-EN 3 Invoice ZONING REVIEW 11/29/2018 12/11/2018 25.00 1218 100.02.25.00.4250 Total JM CONTRACTORS:300.00 JSA ENVIRONMENTAL, INC. 2738 1 Invoice LANDFILL AUDIT NOV 2018 12/04/2018 12/11/2018 4,161.30 1218 210.03.00.00.5816 Total JSA ENVIRONMENTAL, INC.:4,161.30 KNOX CO. INV01541663 1 Invoice PARKLAND APTS CLUBHOUSE 11/12/2018 12/11/2018 404.00 1218 100.02.25.00.5704 Total KNOX CO.:404.00 LANG, LUANN LA121118-FIN 1 Invoice BLOOD DRIVE EXPENSE 11/28/2018 12/11/2018 34.52 1218 100.03.22.00.5704 Total LANG, LUANN:34.52 LANGE ENTERPRISES 67519 1 Invoice ADDRESS TILES 11/15/2018 12/11/2018 126.64 1218 100.02.25.00.5752 Total LANGE ENTERPRISES:126.64 LICHTSINN & HAENSEL, S.C. 39108 1 Invoice ATTORNEY FEES 11/12/2018 12/11/2018 255.00 1218 100.01.05.00.5805 39109 1 Invoice ATTORNEY FEES 11/12/2018 12/11/2018 375.00 1218 100.01.05.00.5805 Total LICHTSINN & HAENSEL, S.C.:630.00 MARK J. RINDERLE TIRE INC. 130367 1 Invoice PARKS MOWER JOHN DEERE 11/26/2018 12/11/2018 260.00 1218 100.04.51.11.5405 Page 7 of 13 Voucher Report Packet Page 85 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7 Report dates: 11/28/2018-12/11/2018 Dec 06, 2018 01:40PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total MARK J. RINDERLE TIRE INC.:260.00 MENARDS 49893 1 Invoice PARK POSTS FOR SIGNS 10/18/2018 12/11/2018 6,470.54 1218 100.04.51.11.5702 50742 1 Invoice BLDG SUPPLIES 11/01/2018 12/11/2018 73.95 1218 100.04.51.08.5415 50790 1 Invoice BLDG SUPPLIES 11/02/2018 12/11/2018 24.67 1218 100.04.51.08.5415 51215 1 Invoice BLDG SUPPLIES 11/09/2018 12/11/2018 202.35 1218 100.04.51.08.5415 51391 1 Invoice PARKS BKDG 11/12/2018 12/11/2018 79.00 1218 100.04.51.11.5415 51893 1 Invoice BLDG SUPPLIES 11/20/2018 12/11/2018 24.27 1218 100.04.51.08.5415 Total MENARDS:6,874.78 MICROMARKETING LLC 746830 1 Invoice AV 11/08/2018 12/11/2018 30.00 1218 100.05.71.02.5711 747702 1 Invoice AV 11/13/2018 12/11/2018 39.99 1218 100.05.71.02.5711 747787 1 Invoice AV 11/13/2018 12/11/2018 62.49 1218 100.05.71.02.5711 748454 1 Invoice AV 11/15/2018 12/11/2018 39.99 1218 100.05.71.02.5711 748536 1 Invoice AV 11/15/2018 12/11/2018 74.99 1218 100.05.71.02.5711 749183 1 Invoice AV 11/20/2018 12/11/2018 182.49 1218 100.05.71.02.5711 749228 1 Invoice AV 11/20/2018 12/11/2018 39.99 1218 100.05.71.02.5711 750041 1 Invoice AV 11/27/2018 12/11/2018 34.99 1218 100.05.71.02.5711 Total MICROMARKETING LLC:504.93 MIDWEST TAPE 96622326 1 Invoice AV 11/13/2018 12/11/2018 134.96 1218 100.05.71.02.5711 96622328 1 Invoice AV 11/13/2018 12/11/2018 154.96 1218 100.05.71.02.5711 96647421 1 Invoice AV 11/20/2018 12/11/2018 267.92 1218 100.05.71.02.5711 96647423 1 Invoice AV 11/20/2018 12/11/2018 72.98 1218 100.05.71.02.5711 96663727 1 Invoice AV 11/28/2018 12/11/2018 226.94 1218 100.05.71.02.5711 Total MIDWEST TAPE:857.76 MUSKEGO ICETRONAUT SNOWMOBILE MU121118-RE 1 Invoice SNOWMOBILE SAFETY INSTRUCT 12/03/2018 12/11/2018 120.00 1218 100.05.72.14.5110 Total MUSKEGO ICETRONAUT SNOWMOBILE:120.00 MUSKEGO NORWAY SCHOOL DISTRICT MU121118-RE 1 Invoice SCHOOL DISTRICT FACLITY USE 11/15/2018 12/11/2018 410.00 1218 100.05.72.04.5420 Postage/12111 1 Invoice CITY PORTION OF POSTAGE FOR 11/16/2018 12/11/2018 393.91 1218 100.01.06.00.6001 Total MUSKEGO NORWAY SCHOOL DISTRICT:803.91 NAPA AUTO PARTS 5266-234104 1 Invoice BLISTER PACK CAPSULES 11/02/2018 12/11/2018 26.54 1218 100.02.20.01.5405 5266-234598 1 Invoice CREDIT NAPA 11/08/2018 12/11/2018 29.83- 1218 100.02.20.01.5405 5266-235922 1 Invoice SHOP SUPPLIES 11/28/2018 12/11/2018 44.02 1218 100.04.51.08.5704 5266-235986 1 Invoice BLADE 11/29/2018 12/11/2018 27.68 1218 100.04.51.08.5704 5266-236087 1 Invoice TRK 55 11/30/2018 12/11/2018 49.78 1218 100.04.51.07.5405 Total NAPA AUTO PARTS:118.19 NEW BERLIN REDI-MIX, INC. 1047238 1 Invoice SERVICE BREAK WEATHERWOOD 11/14/2018 12/11/2018 708.80 1218 605.54.06.52.5410 Page 8 of 13 Voucher Report Packet Page 86 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8 Report dates: 11/28/2018-12/11/2018 Dec 06, 2018 01:40PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total NEW BERLIN REDI-MIX, INC.:708.80 OCCUPATIONAL HEALTH CENTERS 102875235 1 Invoice HEARING TESTS - PD 11/14/2018 12/11/2018 390.50 1218 100.01.06.00.6021 102878581 1 Invoice HEARING TESTS - POLICE DEPT 11/21/2018 12/11/2018 248.50 1218 100.01.06.00.6021 Total OCCUPATIONAL HEALTH CENTERS:639.00 OLSON'S OUTDOOR POWER 113501 1 Invoice LAWNMOWER PARTS 11/27/2018 12/11/2018 49.00 1218 601.61.61.12.5702 Total OLSON'S OUTDOOR POWER:49.00 PAYNE & DOLAN OF WISCONSIN 1591226 1 Invoice ASPHALT 11/29/2018 12/11/2018 1,346.30 1218 100.04.51.02.5740 1591227 1 Invoice ASPHALT 11/29/2018 12/11/2018 599.61 1218 100.04.51.02.5740 Total PAYNE & DOLAN OF WISCONSIN:1,945.91 PENGUIN RANDOM HOUSE LLC 1084309010 1 Invoice AV 11/09/2018 12/11/2018 32.00 1218 100.05.71.02.5711 1084492591 1 Invoice AV 11/14/2018 12/11/2018 50.00 1218 100.05.71.02.5711 1084507265 1 Invoice AV 11/16/2018 12/11/2018 60.00 1218 100.05.71.02.5711 1084616143 1 Invoice AV 11/21/2018 12/11/2018 85.00 1218 100.05.71.02.5711 Total PENGUIN RANDOM HOUSE LLC:227.00 PROHEALTH CARE 201810-0 1 Invoice BLOOD DRAW 10/31/2018 12/11/2018 35.00 1218 100.02.20.01.5722 Total PROHEALTH CARE:35.00 REINDERS INC. 2588905-00 1 Invoice FOR PLOWING ORANGE MARKER 11/12/2018 12/11/2018 198.07 1218 100.04.51.05.5704 Total REINDERS INC.:198.07 RELIANT FIRE APPARATUS, INC I18-20454 1 Invoice TC TANKER 11/27/2018 12/11/2018 300,000.00 1218 410.08.91.21.6514 Total RELIANT FIRE APPARATUS, INC:300,000.00 ROZMAN TRUE VALUE/PD 23755/121118 1 Invoice VACUUM CLEANER ACCESSORIE 11/25/2018 12/11/2018 18.96 1218 100.02.20.01.5415 Total ROZMAN TRUE VALUE/PD:18.96 ROZMAN TRUE VALUE/PW 22000/121118 1 Invoice SHOP BUILDING 11/25/2018 12/11/2018 118.90 1218 100.04.51.08.5415 Total ROZMAN TRUE VALUE/PW:118.90 ROZMAN TRUE VALUE/UT 25000/121118 1 Invoice BLDG SUPPLIES 11/25/2018 12/11/2018 111.54 1218 601.61.61.15.5415 25000/121118 2 Invoice WTR SAMPLING 11/25/2018 12/11/2018 47.99 1218 605.53.06.32.5702 25000/121118 3 Invoice WELL 10 11/25/2018 12/11/2018 19.87 1218 605.51.06.02.5702 Page 9 of 13 Voucher Report Packet Page 87 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9 Report dates: 11/28/2018-12/11/2018 Dec 06, 2018 01:40PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total ROZMAN TRUE VALUE/UT:179.40 RUEKERT & MIELKE INC 125367 1 Invoice MERCURY WATER TANK PROJEC 11/12/2018 12/11/2018 408.40 1218 605.00.00.00.1941 125368 1 Invoice WATER SYSTEM STUDY 11/12/2018 12/11/2018 4,420.20 1218 605.00.00.00.1969 125369 1 Invoice MMSD FACILITIES PLAN REVIEW 11/12/2018 12/11/2018 587.50 1218 601.61.63.43.5815 Total RUEKERT & MIELKE INC:5,416.10 SCHWAAB, INC C018653 1 Invoice 3 INK PADS FOR STAMPERS 11/30/2018 12/11/2018 21.00 1218 100.01.03.00.5701 Total SCHWAAB, INC:21.00 SENSORY EDGE 311987 1 Invoice WALL MANIPULATIVES 08/28/2018 12/11/2018 1,994.86 1218 410.08.90.71.6508 Total SENSORY EDGE:1,994.86 SERVICE SANITATION WISCONSIN INC 7641246 1 Invoice IDLE ISLE PARK 12/01/2018 12/11/2018 85.00 1218 100.04.51.01.5820 7641247 1 Invoice BIG MUSKEGO LAKE BOAT LAUN 12/01/2018 12/11/2018 85.00 1218 100.04.51.01.5820 7641248 1 Invoice BOXHORN BOAT LAUNCH 12/01/2018 12/11/2018 85.00 1218 100.04.51.01.5820 7641249 1 Invoice ENGEL CONSERVATION AREA 12/01/2018 12/11/2018 85.00 1218 215.06.00.00.5801 7641250 1 Invoice BADERTSCHER PRESERVE 12/01/2018 12/11/2018 85.00 1218 215.06.00.00.5801 Total SERVICE SANITATION WISCONSIN INC:425.00 SHERWIN-WILLIAMS CO. 0456-5 1 Invoice PAINT 11/01/2018 12/11/2018 526.84 1218 100.04.51.08.5415 7661-6 1 Invoice PAINT 11/01/2018 12/11/2018 309.98 1218 100.04.51.08.5415 9713-9 1 Invoice PAINT FLOOR 11/01/2018 12/11/2018 1.23- 1218 100.04.51.08.5415 Total SHERWIN-WILLIAMS CO.:835.59 SOMAR TEK LLC/ ENTERPRISES 101232 1 Invoice SARTORIUS UNIFORMS 12/04/2018 12/11/2018 241.46 1218 100.02.20.01.5151 Total SOMAR TEK LLC/ ENTERPRISES:241.46 STREICHER'S I1322312 1 Invoice PIPA UNIFORMS 07/12/2018 12/11/2018 9.99 1218 100.02.20.01.5151 I1329929 1 Invoice PATTERSON SCIT GEAR 09/05/2018 12/11/2018 236.93 1218 100.02.20.01.5722 I1331191 1 Invoice FREGOSO VEST CARRIER 09/14/2018 12/11/2018 242.99 1218 100.02.20.01.5151 Total STREICHER'S:489.91 SUPERIOR CHEMICAL 212581 1 Invoice SUPPLIES 11/27/2018 12/11/2018 581.56 1218 100.04.51.08.5415 Total SUPERIOR CHEMICAL:581.56 TAPCO INC. I620802 1 Invoice SIGNS 11/14/2018 12/11/2018 506.95 1218 100.04.51.03.5743 I622274 1 Invoice PARKING METERS IDLE ISLE MON 11/29/2018 12/11/2018 40.00 1218 100.04.51.11.5820 Page 10 of 13 Voucher Report Packet Page 88 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 10 Report dates: 11/28/2018-12/11/2018 Dec 06, 2018 01:40PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total TAPCO INC.:546.95 THE HAPPY MOWER 455 1 Invoice OCTOBER LAWN & LANDSCAPE 11/08/2018 12/11/2018 6,928.57 1218 100.01.06.00.5820 Total THE HAPPY MOWER:6,928.57 TIME WARNER CABLE 043858401/121 1 Invoice CABLE BOXES 11/11/2018 12/11/2018 19.43 1218 100.02.20.01.5604 063003301112 1 Invoice 11/29-12/28/18 BUSINESS INTERN 11/24/2018 12/11/2018 94.57 1218 100.05.71.00.5505 703399401/121 1 Invoice 911 CONNECTION 11/16/2018 12/11/2018 181.53 1218 100.02.20.10.5604 717807501118 1 Invoice DEDICATED INTERNET CIRCUIT 11/18/2018 12/11/2018 1,130.00 1218 100.01.14.00.5507 Total TIME WARNER CABLE:1,425.53 TRANSUNION RISK & ALTERNATIVE 911461/121118 1 Invoice REVERSE LOOKUP 12/01/2018 12/11/2018 25.80 1218 100.02.20.01.5722 Total TRANSUNION RISK & ALTERNATIVE:25.80 TYLER TECHNOLOGIES, INC 060-9777 1 Invoice NOVEMBER SERVICE 11/15/2018 12/11/2018 4,010.00 1218 100.01.04.00.5801 Total TYLER TECHNOLOGIES, INC:4,010.00 UIHLEIN SOCCER PARK 92589 1 Invoice FALL SOCCER INSTRUCTION 12/03/2018 12/11/2018 3,420.00 1218 100.05.72.13.5110 Total UIHLEIN SOCCER PARK:3,420.00 USA BLUE BOOK 730798 1 Invoice LOCATOR FLAGS 11/06/2018 12/11/2018 98.17 1218 605.54.06.41.5870 730798 2 Invoice LOCATOR FLAGS 11/06/2018 12/11/2018 178.35 1218 601.61.63.43.5801 733507 1 Invoice CHEMICAL FEED 11/08/2018 12/11/2018 470.46 1218 605.53.06.31.5702 749031 1 Invoice WALL MOUNT SAFETY 11/29/2018 12/11/2018 850.75 1218 601.61.61.15.5425 Total USA BLUE BOOK:1,597.73 VERIZON WIRELESS 9818096511 1 Invoice MONTHY CHARGES-IT 11/10/2018 12/11/2018 40.00 1218 100.01.14.00.5601 9818096511 2 Invoice MONTHLY CHARGES-PD 11/10/2018 12/11/2018 29.70 1218 100.02.20.01.5604 Total VERIZON WIRELESS:69.70 WAL-MART COMMUNITY 111618 1 Invoice PRESCHOOL PROGRAM SNACKS/ 11/16/2018 12/11/2018 18.84 1218 100.05.72.16.5702 Total WAL-MART COMMUNITY:18.84 WAUKESHA COUNTY TREASURER 2018-0000021 1 Invoice INMATE BILLING 11/08/2018 12/11/2018 17.14 1218 100.01.08.00.6017 2018-0000028 1 Invoice RADIO 11/14/2018 12/11/2018 18.00 1218 100.04.51.07.5405 WA121118-CO 1 Invoice JAIL ASSESSMENTS - NOVEMBER 11/30/2018 12/11/2018 1,696.40 1218 100.01.08.00.4269 WA121118-CO 2 Invoice DRIVER SURCHARGES - NOVEMB 11/30/2018 12/11/2018 1,510.96 1218 100.01.08.00.4269 WA121118-CO 3 Invoice INTERLOCK SURCHARGE - NOVE 11/30/2018 12/11/2018 100.00 1218 100.01.08.00.4269 Page 11 of 13 Voucher Report Packet Page 89 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 11 Report dates: 11/28/2018-12/11/2018 Dec 06, 2018 01:40PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total WAUKESHA COUNTY TREASURER:3,342.50 WE ENERGIES 0000-020-164/ 1 Invoice CITY GROUP BILL - CITY HALL 11/19/2018 12/11/2018 211.70- 1218 100.01.09.00.5910 0000-020-164/ 2 Invoice CITY GROUP BILL - POLICE DEPT 11/19/2018 12/11/2018 2,381.87 1218 100.02.20.01.5910 0000-020-164/ 3 Invoice CITY GROUP BILL - GARAGE 50% 11/19/2018 12/11/2018 782.07 1218 100.04.51.08.5910 0000-020-164/ 4 Invoice CITY GROUP BILL - SEWER 25% 11/19/2018 12/11/2018 391.03 1218 601.61.61.20.5910 0000-020-164/ 5 Invoice CITY GROUP BILL - WATER 25% 11/19/2018 12/11/2018 391.03 1218 605.56.09.21.5910 0000-020-164/ 6 Invoice CITY GROUP BILL - NEW CITY HAL 11/19/2018 12/11/2018 3,102.46 1218 100.01.09.00.5910 0000-020-351/ 1 Invoice WELLS 10/18 GROUP BILL 11/27/2018 12/11/2018 5,527.61 1218 605.52.06.22.5910 0000-021-027/ 1 Invoice 10/18 GROUP L/S 11/19/2018 12/11/2018 12,208.28 1218 601.61.61.20.5910 0000-021-134/ 1 Invoice GROUP BILL - CITY HALL 11/19/2018 12/11/2018 455.68 1218 100.01.09.00.5910 0000-021-134/ 2 Invoice GROUP BILL - GARAGE 50%11/19/2018 12/11/2018 93.52 1218 100.04.51.08.5910 0000-021-134/ 3 Invoice GROUP BILL - SEWER 25%11/19/2018 12/11/2018 46.77 1218 601.61.61.20.5910 0000-021-134/ 4 Invoice GROUP BILL - WATER 25%11/19/2018 12/11/2018 46.77 1218 605.56.09.21.5910 0000-021-134/ 5 Invoice GROUP BILL - PARKS GARAGE 11/19/2018 12/11/2018 10.46 1218 100.04.51.08.5910 2014-674-485/ 1 Invoice RANGE ELECTRICITY 11/16/2018 12/11/2018 71.08 1218 100.02.20.01.6023 5499-564-961/ 1 Invoice LIBRARY - GAS 11/28/2018 12/11/2018 1,392.05 1218 100.05.71.00.5910 5499-564-961/ 2 Invoice LIBRARY - ELECTRIC 11/28/2018 12/11/2018 3,693.19 1218 100.05.71.00.5910 5499-564-961/ 3 Invoice HISTORICAL SOCIETY 11/28/2018 12/11/2018 469.36 1218 100.05.72.03.5910 5499-564-961/ 4 Invoice HISTORICAL SOCIETY POLE LIGH 11/28/2018 12/11/2018 13.26 1218 100.04.51.08.5910 5499-564-961/ 5 Invoice AREA LIGHTS 11/28/2018 12/11/2018 112.71 1218 100.04.51.08.5910 5806-757-741/ 1 Invoice PARKS 11/29/2018 12/11/2018 841.68 1218 100.04.51.08.5910 Total WE ENERGIES:31,819.18 WERNER ELECTRIC SUPPLY CO S5692907.002 1 Invoice SCADA 11/19/2018 12/11/2018 20.98 1218 601.61.63.42.5430 Total WERNER ELECTRIC SUPPLY CO:20.98 WIL-SURGE ELECTRIC, INC. WI121118-ENG 1 Invoice POLE HEADS FOR GAS PUMP LIG 11/02/2018 12/11/2018 3,150.00 1218 401.08.93.51.6550 Total WIL-SURGE ELECTRIC, INC.:3,150.00 WIS RURAL WATER ASSOC S3146 1 Invoice MEMBERSHIP RENEWAL 12/01/2018 12/11/2018 585.00 1218 605.56.09.21.5305 Total WIS RURAL WATER ASSOC:585.00 WISCONSIN BUILDING INSPECTION, LLP 170 1 Invoice NOVEMBER INSPECTION SERVIC 12/03/2018 12/11/2018 15,103.62 1218 100.02.25.00.5820 Total WISCONSIN BUILDING INSPECTION, LLP:15,103.62 WISCONSIN DEPT OF ADMIN WI121118-COU 1 Invoice COURT FEES - NOVEMBER 2018 11/30/2018 12/11/2018 8,913.84 1218 100.01.08.00.4269 Total WISCONSIN DEPT OF ADMIN:8,913.84 WISCONSIN DEPT OF JUSTICE #19TS-WCC 1 Invoice KRAUS COMMAND COLLEGE 11/01/2018 12/11/2018 750.00 1218 100.02.20.01.5301 Total WISCONSIN DEPT OF JUSTICE:750.00 Page 12 of 13 Voucher Report Packet Page 90 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 12 Report dates: 11/28/2018-12/11/2018 Dec 06, 2018 01:40PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number W ISCONSIN DEPT OF JUSTICE - CIB L6806T/121118 1 Invoice RECORD NAME SEARCHES 11/30/2018 12/11/2018 112.00 1218 100.01.06.00.6002 Total WISCONSIN DEPT OF JUSTICE - CIB:112.00 WOODLAND RESTORATION LLC 20181130-0035 1 Invoice BLUHM PARK - BUCKTHORN 11/30/2018 12/11/2018 828.25 1218 215.06.00.00.6008 Total WOODLAND RESTORATION LLC:828.25 ZIMMERMAN ARCHITECTURAL STUDIOS 59161 1 Invoice NEW POLICE BUILDING 11/30/2018 12/11/2018 6,813.41 1218 410.08.91.20.6550 Total ZIMMERMAN ARCHITECTURAL STUDIOS:6,813.41 Grand Totals: 1,426,624.22 Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments" Page 13 of 13 Voucher Report Packet Page 91