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COMMON COUNCIL Packet - 1/8/2019CITY OF MUSKEGO COMMON COUNCIL AGENDA 01/08/2019 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 CONSENT AGENDA Review and Authorize the Placement of Temporary Racecourse Markers for Little Muskego Yacht Club Approval of Operator Licenses Resolution #001-2019 - Resolution to Approve The Suburban Mutual Assistance Response Teams Agreement Resolution #002-2019 - Approval of Limited Term Conservation Easement Resolution #003-2019 - Approval of Reduction of Letter of Credit for Edgewater Heights Phase 1 Subdivision Resolution #004-2019 - Approval of Reduction of Letter of Credit for Muskego ALF, LLC Resolution #005-2019 - Resolution as to the Public Works and Safety Committee Recommendation for the Hillendale Drive Reconstruction Project Resolution #006-2019 - Approval of Extension of the Loan Term for Delta Family Restaurant, Inc. Resolution #007-2019 - Approval of Agricultural Lease Agreement with Jack King for Kelsey Drive Conservation Site Resolution #008-2019 - Approval of Agricultural Lease Agreement with Robert Stigler for Badertscher Preserve Packet Page 1 Common Council Agenda 2 1/8/2019 6:00:00 PM Resolution #009-2019 - Approval of Cleaning Services Contract with Gibb Building Maintenance UNFINISHED BUSINESS Ordinance #1426 - An Ordinance to Amend Chapter 30, Section 30-1, of the Municipal Code of the City of Muskego (Polling Places). Second Reading. 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). Second Reading. REVIEW OF COMMITTEE REPORTS Finance Committee - November 27, 2018 Public Works and Safety Committee - October 16, 2018 LICENSE APPROVAL Approval of Temporary Class "B" License to Sell Fermented Malt Beverages - Special Olympics of Wisconsin/Muskego Polar Plunge - February 10, 2019 to be held at Muskego County Park Approval of Temporary "Class B" License to Sell Fermented Malt Beverages and Intoxicating Liquor - Knights of Columbus #6448 Council - March 30, 2019 to be held at St. Leonard School VOUCHER APPROVAL VOUCHER REPORT Utility Vouchers Tax Vouchers General Fund Vouchers Wire Transfers for Payroll/Invoice Transmittals 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: Sale of Muskego Parks Garage Properties 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 Packet Page 2 Common Council Agenda 3 1/8/2019 6:00:00 PM 19.85(1)(e) Wis. Stats., Deliberating or negotiating the purchase of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. 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 NEW BUSINESS Resolution #010-2019 - Acceptance of Offer to Purchase (Parks Garage Property) CITY OFFICIALS' REPORTS COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liaisons: Muskego Senior Taxi - Alderman Borgman Muskego Festival Committee - Alderman Wolfe Muskego Historical Society - Alderman Madden Little Muskego Lake District - Alderman Engelhardt Advanced Disposal Services Emerald Park Landfill Standing Committee - Alderman Madden FUTURE AGENDA ITEMS ADJOURNMENT 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 Page 1 of 2 Review and Authorize the Placement of Temporary... Packet Page 4 Page 2 of 2 Review and Authorize the Placement of Temporary... Packet Page 5 OPERATOR LICENSE APPROVALS COMMON COUNCIL – 01/08/2019 Connie Kay Erika Hartung Rodney Hathaway Jesse Yiannackopoulos T:\Departments\FinanceAdmin\Clerk\Licenses\Oper Lic Approval Lists\2019 Page 1 of 1 Approval of Operator Licenses Packet Page 6 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #001-2019 APPROVAL OF SUBURBAN MUTUAL ASSISTANCE REPONSE TEAMS AGREEMENT WHEREAS, The Suburban Mutual Assistance Response Teams (“S.M.A.R.T.”) have effectively provided law enforcement mutual aid to its participants since 1994; and WHEREAS, The S.M.A.R.T. Mutual Aid Agreement has not been substantially updated since 1994; and WHEREAS, The S.M.A.R.T. Mutual Aid Agreement is in need of updating to address certain inconsistencies within the terms and due to changes in the law; and WHEREAS, The City has received a recommendation from Police Chief Richard Rens to enter the S.M.A.R.T. Mutual Aid Agreement, which will update and replace the current Agreement and allow for our continued participation in this cooperative mutual aid to better serve our municipality and the region; and WHEREAS, The Finance Committee has reviewed the attached Agreement and has recommended approval. 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 Suburban Critical Incident Teams Agreement. BE IT FURTHER RESOLVED That the Mayor and Police Chief are authorized to execute the Agreement and the City Attorney is authorized to make substantive changes as may be necessary in order to preserve the general intent thereof. DATED THIS 8TH DAY OF JANUARY , 2019. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #001-2019 which was adopted by the Common Council of the City of Muskego. _________________________ Clerk-Treasurer 1/19jmb Page 1 of 8 Resolution #001-2019 - Resolution to Approve The... Packet Page 7 1 [Municipality] SUBURBAN MUTUAL ASSISTANCE RESPONSE TEAMS The undersigned Agencies agree pursuant to Wisconsin Statutes as follows: Section 1. PURPOSE OF AGREEMENT This Agreement is made in recognition of the fact that situations may occur which are beyond the ability of the individual law enforcement Agency to deal with effectively in terms of personnel, equipment and available resources. Each Agency in S.M.A.R.T. expresses its i ntent to assist the other Agencies by assigning some of its personnel, equipment and available resources to permit the law enforcement Agency of each municipality to more fully safeguard the lives, persons and property of all citizens. Section 2. DEFINITIONS For the purpose of this Agreement, the following terms are defined as follows: A. SUBURBAN MUTUAL ASSISTANCE RESPONSE TEAMS The Wisconsin law enforcement Agencies participating in this Mutual Aid Agreement, collectively. B. INCIDENT A situation that potentially threatens or causes loss of life and/or property or exceeds the physical and organizational capabilities of a Law Enforcement Agency. Generally, the word “Incident” within this document refers to situations (emergencies) conne cted to a law enforcement response to severe storms, floods, hazardous material incidents, transportation accidents, large fires, public disorders, major crimes, barricaded subjects, hostage situations, searches, traffic control, terrorist activities, dign itary protection and other similar occurrences. C. AGENCY A law enforcement organization recognized by its city, village, town, county or state. D. MUTUAL AID A definite and prearranged written agreement and plan whereby regular response and assistance is provided in the event of Incidents by Requesting Agencies by the Aiding Agency in accordance with the Police Incident Assignments as developed by the Police Chiefs and Sheriffs of the Participating Agencies. (The head of law enforcement for a Participating Agency is referred to herein as “Chief/Sheriff,” and collectively the heads Page 2 of 8 Resolution #001-2019 - Resolution to Approve The... Packet Page 8 2 of law enforcement for all Participating Agencies is referred to herein as “Chiefs/Sheriffs”. Collectively, and individually the “Chief/Sheriff”). E. PARTICIPATING AGENCY An Agency that commits itself to this Mutual Aid Agreement by adopting an ordinance or resolution authorizing participation in the program with other Agencies for rendering and receiving Mutual Aid in the event of an Incident in accordance with the Police Incident Assignments, that is accepted into membership. Eligible Agencies must operate in Southeastern Wisconsin, within the counties of Jefferson, Kenosha, Milwaukee, Racine, Walworth and Waukesha. F. REQUESTING AGENCY The municipality or legal jurisdiction in which an Incident occurs that is of such magnitude that it cannot be adequately handled by the local law enforcement Agency, that makes a request for Mutual Aid pursuant to this Agreement. G. AIDING AGENCY A municipality furnishing police equipment and personnel to a Requesting Agency, pursuant to this Agreement. H. POLICE INCIDENT ASSIGNMENTS A predetermined listing of Aiding Agency personnel and equipment that will respond to aid a Requesting Agency. Section 3. AGREEMENT TO EFFECTUATE THE MUTUAL AID PLAN The senior on-duty officer of each Participating Agency is authorized to participate with the Participating Agencies in Mutual Aid according to following: A. Whenever an Incident is of such magnitude and consequence that it is deemed advisable by the senior on-duty officer of the Requesting Agency to request assistance of the Aiding Agencies he or she is hereby authorized to do so under the terms of this Mutual Aid Agreement. B. The senior on-duty officers of the Aiding Agencies are authorized to and shall forthwith take the following action upon receipt of a request for aid pursuant to this Agreement: 1. Promptly determine what resources are required according to the Mutual Aid Police Incident Assignments. 2. Promptly determine if the required equipment and personnel may be committed in response to the request from the Requesting Agency. Page 3 of 8 Resolution #001-2019 - Resolution to Approve The... Packet Page 9 3 3. If so, promptly dispatch the personnel and equipment required to the Requesting Agency in accordance with the Police Incident Assignments. C. The rendering of assistance under the terms of this Mutual Aid Agreement is not mandatory. The senior on-duty officer of the Aiding Agency may determine not to respond, for example, if the available personnel and equipment are required for the protection of the Aiding Agency. In that event it is the responsibility of the Aiding Agency to promptly notify the Requesting Agency of the same. The judgment of the senior on-duty officer shall be final. D. The senior on-duty officer of the Requesting Agency, shall assume full responsibility and command for operations at the scene. He or she will assign personnel and equipment, of the Aiding Agencies, to positions when and where deemed necessary. E. It is expected that requests for Mutual Aid under this Agreement will be initiated only when the needs exceed the resources of the Requesting Agency. Aiding Agencies will be released and returning to duty in their own community as soon as the situation is restored to the point which permits the Requesting Agency to adequately handle it with its own resources. Aiding Agencies may also return to duty in their own community at any time, upon notifying the senior on-duty officer of the Requesting Agency, if the senior on-duty officer of the Aiding Agency determines the required equipment and personnel should no longer be committed to the Incident. Section 4. STATUTORY AUTHORITIES This Agreement is entered pursuant to Wisconsin Statutes §66.0301. The following statutory rights and responsibilities shall apply. A. Wisconsin Statutes §66.0313: Law enforcement; mutual assistance. B. Wisconsin Statutes §66.0513: Police, pay when acting outside county or municipality. C. Wisconsin Statutes §895.35: Expenses in actions against municipal and other officers. D. Wisconsin Statutes §895.46: State and political subdivisions thereof to pay judgments taken against officers. To ensure compliance with State laws and to avoid ambiguity, all future amendments and recodification of the foregoing statutes, and judicial interpretations thereof, are incorporated herein and shall apply. Nothing contained within this paragraph or Agreement is intended to be a waiver or estoppel of the municipality or its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including those contained with Wisconsin Statutes 893.80, 895.52, and 345.05. To the extent that indemnification is available and enforceable, the municipality or its insurer shall not be liable in indemnity or contribution for an amount greater than the limits of liability for municipal claims established by Wisconsin law. Page 4 of 8 Resolution #001-2019 - Resolution to Approve The... Packet Page 10 4 Section 5. COOPERATION Nothing herein shall be interpreted to prevent member municipalities from voluntarily cooperating in law enforcement services, including voluntary sharing of equipment or facilities, and voluntarily providing services without seeking reimbursement of costs. Each Participating Agency hereby authorizes its Chief/Sheriff to exercise discretion in cooperating with Participating Agencies. Such discretion includes, but is not limited to, the discretion to waive rights of reimbursement of costs incurred in customary, routine and ordinary activities involving costs, salaries and benefits other than worker’s compensation. Such waiver of rights of reimbursement of costs for worker’s compensation or significant events involving death or catastrophic injury shall be exercised by the Chief/Sheriff upon consultation with and approval by the municipality’s governing body. Section 6. INSURANCE Each Participating Agency shall maintain insurance coverage to protect against risks arising out of this Agreement, which shall include general liability coverage, automobile liability coverage, workers compensation coverage, and such additional coverage and amounts as further specified by the Chiefs/Sheriffs. Such coverage shall be endorsed, if necessary, to cover claims arising out of contractual liabilities. Section 7. NO THIRD PARTY BENEFICIARIES This Agreement is solely between the Participating Agencies, each of whom acts individually in the performance of this Agreement. There are no third party beneficiaries to this Agreement. No separate entities are hereby created. Section 8. ADMINISTRATION This Agreement shall be administered by the Chiefs/Sheriffs of the Participating Agencies. The Chiefs/Sheriffs are empowered to carry out the intentions of this Mutual Aid Agreement through all administrative means including the following: A. Determination of membership. The Chiefs/Sheriffs may determine eligibility for membership, accept new Agencies into membership, maintain records of who is currently a member at any time, determine criteria for termination from membership, and enforce termination of membership. B. Membership fees/dues. The Chiefs/Sheriffs may establish a fee to join into membership, and dues that may be required on a periodic basis to pay for the operations associated with administering this Agreement. C. Officers and directors. The Chiefs/Sheriffs may delegate their administrative responsibilities by creating administrative subunits, officers, directors and system managers, whose authority and duties may be described in by-laws and operating Page 5 of 8 Resolution #001-2019 - Resolution to Approve The... Packet Page 11 5 procedures that the Chiefs/Sheriffs may adopt. All such officers, directors, by-laws and operating procedures in effect pursuant to the predecessor to th is Agreement on the effective date of this Agreement remain in effect following the effective date of this Agreement. D. Request and response protocols. The Chiefs/Sheriffs may further define all protocols for making requests and responding to requests for service pursuant to this Mutual Aid Agreement. E. Status. All Chiefs/Sheriffs administering this Agreement, in any capacity, do so solely by virtue of their capacity as Police Chief or County Sheriff, and shall not be compensated by SMART. F. Testing procedures. The Chiefs/Sheriffs may establish and execute testing procedures, to ensure readiness for timely Mutual Aid response. G. Method of decision making. Actions taken by the Chiefs/Sheriffs shall be by majority vote of the quorum of Chiefs/Sheriffs or their designees present and voting, with 50% of the Chiefs/Sheriffs constituting a quorum, except that the Chiefs/Sheriffs may delegate these authorities and modify these terms within the duly adopted by-laws and operating procedures. Section 9. TERMINATION Any Agency may withdraw from the Suburban Mutual Assistance Response Teams Agreement by notifying the Chiefs/Sheriffs of the other Participating Agencies in writing, whereupon the withdrawing Agency will terminate participation ninety (90) days from the date of written notice. The Chiefs/Sheriffs may adopt procedures for terminating Agencies who fail to comply with the terms of this Agreement as administered by the Chiefs/Sheriffs, and may exercise that authority. Section 10. EFFECTIVE DATE This Agreement supersedes an agreement on the same subject between the same parties. The effective date for this Agreement and the termination of the prior agreement shall be as follows: A. This Agreement shall first take effect when it has been duly approved in writing by all municipalities shown in attached Appendix 1 (the “Current Members”), and executed by such authorized officials. On the date of the last such approval, the predecessor to this Agreement is thereby terminated and this Agreement is effective. B. In the event fewer than all of the Current Members choose to enter this Agreement prior to March 1, 2019, those municipalities who have approved this Agreement and executed it may give notice and terminate their participation in the prior agreement per Page 6 of 8 Resolution #001-2019 - Resolution to Approve The... Packet Page 12 6 its terms, in which case this Agreement shall be effective for such members on the date of their termination of participation in the prior agreement. C. Following its initial effective date, this Agreement shall thereafter be effective for Agencies joining thereafter when the Agreement has been duly approved in writing by such Agency, duly executed by authorized officers of the Agency, and the Agency has been accepted into membership by the Chiefs/Sheriffs of the Participating Agencies. The adoption and signature on this Agreement constitutes an offer , which becomes a binding contract upon acceptance by the Chiefs/Sheriffs. Section 11. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which is an original and all of which taken together form one single document. Signat ures delivered in original form or facsimile shall be effective. [signatures follow on page 7] Page 7 of 8 Resolution #001-2019 - Resolution to Approve The... Packet Page 13 7 Signature Page for Suburban Mutual Assistance Response Teams Agreement IN WITNESS WHEREOF, this Agreement has been duly executed by the following parties on the _____ Day of ____________________, 2018 __________________________________ [Municipality/Legal Jurisdiction] __________________________________ [Municipal Official] __________________________________ [Chief of Police or Sheriff] ATTEST: __________________________________ [Municipal Clerk/Witness] C:\MyFiles\RDB\SMART\SMART Agreement (final) 10.23.18.docx Page 8 of 8 Resolution #001-2019 - Resolution to Approve The... Packet Page 14 Page 1 of 1 CITY OF MUSKEGO Staff Report to Common Council To: Common Council From: Scott Kroeger, PE PLS – Public Works and Development Director Subject: City Hall – MMSD Conservation Easement Date: January 8, 2019 The City of Muskego will be using Green Infrastructure reimbursement funds for the green infrastructure facilities that have been built at City Hall (refer to attachment conservation easement documents). Conservation easements need to be provided at Bio Retention Basin 1, Bio Retention Basin 2, and Permeable Pavers that have been built at City Hall as part of the reimbursement arrangement. All three of these facilities are considered green infrastructure. The City attorney and I have reviewed these conservation easements to make sure it follows standard City of Muskego language. Recommendation for Action by Committee: Approve the conservation easements for City Hall as part of our Green Infrastructure Reimbursement Funds agreement. Page 1 of 13 Resolution #002-2019 - Approval of Limited Term... Packet Page 15 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #002-2019 APPROVAL OF LIMITED TERM CONSERVATION EASEMENT WHEREAS, As part of the City’s Green Infrastructure Reimbursement Funds Agreement, a Conservation Easement needs to be granted to the Milwaukee Metropolitan Sewerage District; and WHEREAS, The purpose of the Easement is to require the City to keep, preserve, and maintain the Green Infrastructure installed on its property. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the attached Limited Term Conservation Easement granted to the Milwaukee Metropolitan Sewerage District. BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Easement and the City Attorney is authorized to make substantive changes as may be necessary in order to preserve the general intent thereof. DATED THIS 8TH DAY OF JANUARY , 2019. SPONSORED BY Mayor Kathy Chiaverotti This is to certify that this is a true and accurate copy of Resolution #002-2019 which was adopted by the Common Council of the City of Muskego. ____________________________ Clerk-Treasurer 1/19jmb Page 2 of 13 Resolution #002-2019 - Approval of Limited Term... Packet Page 16 1 Recording Area LIMITED TERM CONSERVATION EASEMENT This LIMITED TERM CONSERVATION EASEMENT FOR GREEN INFRASTRUCTURE is granted on the first day of January 2019 by the City of Muskego (Landowner) to the Milwaukee Metropolitan Sewerage District (Easement Holder). RECITALS A. Property. The Landowner is the sole owner of property located in Waukesha County, Wisconsin, which is described in Exhibit A and depicted on a map shown in Exhibit B (the Property). The Property is at W182 S8200 Racine Avenue, Muskego, Wisconsin 53150. This Limited Term Conservation Easement applies only to certain areas of the Property that have conservation value. These areas contain infrastructure designed to capture and hold stormwater in place to reduce the quantity and improve the quality of runoff (Green Infrastructure). Exhibit C shows the area within the property that is subject to this Limited Term Conservation Easement. B. Conservation Values. In its present state, the Property has conservation value because it has bioretention Basin One at 2,500 square feet, Bioretention Basin Two at 4,000 square feet, and 2,300 square feet of permeable pavers (Green Infrastructure). This Green Infrastructure provides a total detention capacity of 55,650 gallons. Name and Return Address: Milwaukee Metropolitan Sewerage District Attention: Michael Hirsch 260 West Seeboth Street Milwaukee, Wisconsin 53204 Tax Key Number: MSKC2221993 C. Baseline Documentation. The condition of the Property and specifically the Green Infrastructure is documented in an inventory of relevant features, characteristics, and Conservation Values (Baseline Report), which is on file at the office of the Easement Holder and incorporated into this Conservation Easement by reference. This Baseline Report consists of reports, maps, photographs, and other documentation that both parties agree provides an accurate representation of the condition of the Property at the time of the conveyance of this Easement and which is intended to serve as an objective, but not exclusive, baseline for monitoring compliance with the terms of this Easement. Page 3 of 13 Resolution #002-2019 - Approval of Limited Term... Packet Page 17 2 D. Public Policies. The preservation of the Conservation Values of the Property will serve the public policy set forth in Section 700.40 of the Wisconsin Statutes, which provides for the creation and conveyance of conservation easements to protect the natural, scenic, and open space values of real property; assure its availability for agriculture, forestry, recreation or open space uses; protect natural resources; maintain or enhance air and water quality; and preserve archaeological sites. E. Qualified Organization. The Easement Holder is qualified to hold conservation easements under Section 700.40(1)(b) because it is a governmental body empowered to hold an interest in real property under the laws of the State of Wisconsin. F. Conservation Intent. The Landowner and Easement Holder share the common purpose of preserving the Conservation Values for a period of ten years. The Landowner intends to place restrictions on the use of the Property to protect those Conservation Values. In addition, the Landowner intends to convey to the Easement Holder and the Easement Holder agrees to accept the right to monitor and enforce these restrictions. G. Funding Provided by Easement Holder. The Easement Holder has provided funding to the Landowner for the installation of the Green Infrastructure. The Landowner acknowledges the receipt and sufficiency of this funding. GRANT OF CONSERVATION EASEMENT In consideration of the facts recited above, the mutual covenants contained in this Easement, the funding provided by the Easement Holder, and the provisions of Section 700.40 of the Wisconsin Statutes, the Landowner voluntarily conveys to the Easement Holder a Conservation Easement (the Easement) for a period of ten years on the Property. This Easement consists of the following terms, rights, and restrictions: 1. Purpose. The purpose of this Easement is to require the Landowner to keep, preserve, and maintain the Green Infrastructure installed on the Property. 2. Effective Dates. This Easement becomes effective on January 1, 2019, and terminates on December 31, 2028. 3. Recording of Easement. The Easement Holder will record this Easement at the Easement Holder’s expense. 4. Operation and Maintenance. The Landowner will operate and maintain the Green Infrastructure so that it remains functional for the entire term of this Easement. The Landowner is solely responsible for operation, maintenance, and evaluating performance. Page 4 of 13 Resolution #002-2019 - Approval of Limited Term... Packet Page 18 3 5. Additional Reserved Rights of the Landowner. The Landowner retains all rights associated with ownership of the Property, including the right to use the Property, and invite others to use the Property, in any manner that is not expressly restricted or prohibited by the Easement or inconsistent with the purpose of the Easement. However, the Landowner may not exercise these rights in a manner that would adversely impact the Conservation Values of the Property. The Landowner expressly reserves the right to sell, give, bequeath, mortgage, lease, or otherwise encumber or convey the Property, subject to the following conditions. 5.1 The encumbrance or conveyance is subject to the terms of this Easement. 5.2 The Landowner incorporates the terms of this Easement by reference in any subsequent deed or other legal instrument by which the Landowner transfers any interest in all or part of the Property. 5.3 The Landowner notifies the Easement Holder of any conveyance in writing within fifteen days after the conveyance and provides the Easement Holder with the name and address of the recipient of the conveyance and a copy of the legal instrument transferring rights. 5.4 Failure of the Landowner to perform any act required in Subparagraphs 5.2 and 5.3 does not impair the validity of this Easement or limit its enforceability in any way. 6. Easement Holders Rights and Remedies. To accomplish the purpose of this Easement, the Landowner expressly conveys to the Easement Holder the following rights and remedies. 6.1 Preserve Conservation Values. The Easement Holder has the right to preserve and protect the Conservation Values of the Property. 6.2 Prevent Inconsistent Uses. The Easement Holder has the right to prevent any activity or use of the Property that is inconsistent with the purpose of this Easement and to require the restoration of areas or features of the Property that are damaged by any inconsistent activity or use, pursuant to the remedies set forth below. 6.3 Enter the Property. The Easement Holder has the right to enter the Property to: inspect it and monitor compliance with the terms of this Easement; obtain evidence for use in seeking judicial or other enforcement of the Easement; and otherwise exercise its rights under the Easement. The Easement Holder will: provide prior notice to the Landowner before entering the Property, comply with the Landowner’s safety rules, and avoid unreasonable disruption of the Landowner’s activities. 7. Remedies for Violations. The Easement Holder and the Landowner have the right to enforce the terms of this Easement and prevent or remedy violations through appropriate legal proceedings. Page 5 of 13 Resolution #002-2019 - Approval of Limited Term... Packet Page 19 4 7.1 Notice of Problems. If the Easement Holder identifies problems with the Green Infrastructure, then the Easement Holder will initially attempt to resolve the problems collaboratively. The Easement Holder will notify the Landowner of the problems and request remedial action within a reasonable time. 7.2 Notice of Violation and Corrective Action. If the Easement Holder determines that a violation of the terms of this Easement has occurred or is threatened, the Easement Holder will give written notice of the violation or threatened violation and allow at least thirty (30) days to correct the violation. If the Landowner fails to respond, then the Easement Holder may initiate judicial action. The requirement for an initial notice of violation does not apply if, in the discretion of the Easement Holder, immediate judicial action is necessary to prevent or mitigate significant damage to the Property or if good faith efforts to notify the Landowner are unsuccessful. 7.3 Remedies. When enforcing this Easement, the Remedies available to the Easement Holder include: temporary or permanent injunctive relief for any violation or threatened violation of the Easement, the right to require restoration of the Green Infrastructure to its condition at the time of the conveyance of this Easement, specific performance or declaratory relief, and recovery of damages resulting from a violation of the Easement or injury to any of the Conservation Values of the Property. 7.4 Enforcement Delays. A delay or prior failure of the Easement Holder to discover a violation or initiate enforcement proceedings does not waive or forfeit the right to take any action necessary to assure compliance with the terms of this Easement. 7.5 Waiver of Certain Defenses. The Landowner hereby waives any defense of laches, such as failure by the Easement Holder to enforce any term of the Easement, or estoppel, such as a contradictory statement or action on the part of the Easement Holder. 7.6 Acts Beyond Landowner’s Control. The Easement Holder may not bring any action against the Landowner for any injury or change in the Property resulting from causes beyond Landowner’s control, including, but not limited to, natural disasters such as fire, flood, storm, natural earth movement and natural deterioration, or prudent actions taken by the Landowner under emergency conditions to prevent or mitigate damage from these causes, provided that the Landowner notifies the Easement Holder of any occurrence that has adversely impacted or interfered with the purpose of this Easement. 8. General Provisions. 8.1 Amendment. The Landowner and Easement Holder may amend this Easement in a written instrument executed by both parties and recorded in the Office of the Register of Deeds for the county in which the Property is located, provided that no amendment shall be allowed if, in the judgment of the Easement Holder, it: Page 6 of 13 Resolution #002-2019 - Approval of Limited Term... Packet Page 20 5 a. diminishes the Conservation Values of the Property, b. is inconsistent with the purpose of the Easement, c. affects the duration of the Easement, or d. affects the validity of the Easement under Section 700.40 of the Wisconsin Statutes. 8.2 Assignment. The Easement Holder may convey, assign, or transfer its interests in this Easement to a unit of federal, state, or local government or to an organization that is (a) qualified within the meaning of Section 170(h)(3) of the Internal Revenue Code and in the related regulations or any successor provisions then applicable, and (b) qualified to hold conservation easements under Section 700.40 of the Wisconsin Statutes. As a condition of any assignment or transfer, any future holder of this Easement is required to carry out its purpose for the remainder of its term. The Easement Holder will notify the Landowner of any assignment at least thirty (30) days before the date of such assignment. However, failure to give such notice does not affect the validity of assignment or limit its enforceability in any way. 8.3 Captions. The captions in this Easement have been inserted solely for convenience of reference and are not part of the Easement and have no effect on construction or interpretation. 8.4 Controlling Law and Liberal Construction. The laws of the State of Wisconsin govern the interpretation and performance of this Easement. Ambiguities in this Easement shall be construed in a manner that best effectuates the purpose of the Easement and protection of the Conservation Values of the Property. 8.5 Counterparts. The Landowner and Easement Holder may execute this Easement in two or more counterparts, which shall, in the aggregate, be signed by both parties. Each counterpart shall be deemed an original instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. 8.6 Entire Agreement. This instrument sets forth the entire agreement of the Landowner and Easement Holder with respect to this Easement and supersedes all prior discussions, negotiations, understandings, or agreements relating to the Easement, all of which are merged into this Easement. 8.7 Extinguishment. This Easement may be terminated or extinguished before the expiration of its term, whether in whole or in part, only through judicial proceedings in a court of competent jurisdiction. Furthermore, the Easement may be extinguished only under the following circumstances: (a) exercise of the power of eminent domain or purchase in lieu of condemnation takes all or part of the Property or (b) the Landowner and Easement Holder agree that a subsequent, unexpected change in the Page 7 of 13 Resolution #002-2019 - Approval of Limited Term... Packet Page 21 6 condition of or surrounding the Property makes accomplishing the purpose of the Easement impossible. 8.8 Ownership Responsibilities, Costs and Liabilities. The Landowner retains all responsibilities and will bear all costs and liabilities related to the ownership of the Property, including, but not limited to, the following: a. Operation, upkeep, and maintenance. The Landowner is responsible for the operation, upkeep, and maintenance of the Property. b. Control. In the absence of a judicial decree, nothing in this Easement establishes any right or ability in the Easement Holder to: (i) exercise physical or managerial control over the day-to-day operations of the Property; (ii) become involved in the management decisions of the Landowner regarding the generation, handling, or disposal of hazardous substances; or (iii) otherwise become an operator of the Property within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (“CERCLA”), or similar laws imposing legal liability on the owner or operator of real property. c. Permits. The Landowner remains solely responsible for obtaining applicable government permits and approvals for any construction or other activity or use permitted by this Easement and all construction, other activity, or use shall be undertaken in accordance with applicable federal, state and local laws, regulations, and requirements. d. Indemnification. The Landowner releases and will hold harmless, indemnify, and defend the Easement Holder and its members, directors, officers, employees, agents, contractors, and the heirs, personal representatives, successors and assigns of each of them (collectively “Indemnified Parties”) from and against all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, judgments or administrative actions, including, without limitation, reasonable attorney’s fees, arising from or in any way connected with: (i) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due solely to the negligence of any of the Indemnified Parties. The Easement Holder will be liable for its own negligence; Page 8 of 13 Resolution #002-2019 - Approval of Limited Term... Packet Page 22 7 (ii) the violation or alleged violation of, or other failure to comply with, any state, federal or local law, regulation, including without limitation, CERCLA, by any person other than the Indemnified Parties, in any way affecting, involving or related to the Property; (iii) the presence or release in, on, from, or about the Property, at any time of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, unless caused solely by any of the Indemnified Parties. e. Taxes. Before delinquency, the Landowner shall pay all taxes, assessments, fees, and charges of whatever description levied on or assessed against the Property by competent authority (collectively “Taxes”), including any taxes imposed upon or incurred in response to this Easement, and shall furnish the Easement Holder with satisfactory evidence of payment upon request. 8.9 Recording. The Easement Holder shall record this Easement in the Office of the Register of Deeds for the county in which the Property is located and may re-record it or any other document necessary to protect its rights under this Easement. 8.10 Severability. If any provision or specific application of this Easement is found to be invalid by a court of competent jurisdiction, then the remaining provisions or specific applications of this Easement shall remain valid and binding. 8.11 Successors. This Easement is binding upon, and inures to the benefit of, the Landowner and Easement Holder and their respective personal representatives, heirs, successors and assigns, and shall continue as a servitude running with the Property for the term of the Easement. 8.12 Terms. The terms "Landowner" and "Easement Holder," wherever used in this Easement, and any pronouns used in their place, mean either masculine or feminine, singular or plural, and include Landowner’s and Easement Holder’s respective personal representatives, heirs, successors, and assigns. 8.13 Warranties and Representations. The Landowner warrants and represents that: a. The Landowner and the Property compl y with all federal, state, and local laws, regulations, and requirements applicable to the Property and its use; b. No civil or criminal proceedings or investigations are pending or threatened that would in any way affect, involve, or relate to the Property. No facts or circumstances exist that the Landowner might reasonably expect to form the Page 9 of 13 Resolution #002-2019 - Approval of Limited Term... Packet Page 23 8 basis for any proceedings, investigations, notices, claims, demands or orders; and c. The person signing this Easement has authority to grant this Conservation Easement to the Easement Holder. GRANT OF INTEREST TO EASEMENT HOLDER As Mayor of the City of Muskego, I execute the foregoing Limited Term Conservation Easement and acknowledge the same on this ________ day of _____________________, 2018. By: _______________________________________ Kathy Chiaverotti Mayor STATE OF WISCONSIN MILWAUKEE COUNTY On this _____ day of _________________, 2018, the person known as Kathy Chiaverotti came before me and executed the foregoing instrument and acknowledged the same. ___________________________________ Signature of Notary Public Notary Public, State of ____________________ My Commission expires __________________________. Page 10 of 13 Resolution #002-2019 - Approval of Limited Term... Packet Page 24 9 ACCEPTANCE OF EASEMENT HOLDER’S INTEREST The Milwaukee Metropolitan Sewerage District accepts the foregoing Limited Term Conservation Easement on this ________ day of _____________________, 2018. By:_____________________________________________________________ Kevin L. Shafer, P.E. Executive Director Approved as to Form: ___________________________________________________________ Attorney for the District STATE OF WISCONSIN MILWAUKEE COUNTY On this _____ day of _________________, 2018, the person known as Kevin L. Shafer came before me and executed the foregoing instrument and acknowledged the same. ___________________________________ Signature of Notary Public Notary Public, State of ____________________ My Commission expires __________________________. Thomas A. Nowicki, Staff Attorney, Milwaukee Metropolitan Sewerage District, drafted this conservation easement. ATTACHMENTS EXHIBIT A Description of the Property EXHIBIT B Maps Showing the Location of the Property and the Green Infrastructure Subject to this Easement Page 11 of 13 Resolution #002-2019 - Approval of Limited Term... Packet Page 25 10 EXHIBIT A DESCRIPTION OF THE PROPERTY Address: W182 S8200 Racine Avenue, Muskego, Wisconsin 53150 Tax Key: MSKC2221993 Legal Description: NW1/4NE1/4SEC 16 T5N R20E EX ELEC RR & SE1/4NW1/4 VOL 1085/18 39.535 AC. EX VOL 813/303 EX VOL 928/527, 966/397 977/217 & 219 1005/42, 1056/618 EX HY (29.85 AC REMAINING) VOL 1146 PG 582 DEEDS EX MUSKEGO IND PARK & EX R 14/1079 Page 12 of 13 Resolution #002-2019 - Approval of Limited Term... Packet Page 26 11 EXHIBIT B MAPS SHOWING THE LOCATION OF THE PROPERTY AND THE GREEN INFRASTRUCTURE SUBJECT TO THIS EASEMENT Page 13 of 13 Resolution #002-2019 - Approval of Limited Term... Packet Page 27 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #003-2019 APPROVAL OF REDUCTION OF LETTER OF CREDIT FOR EDGEWATER HEIGHTS PHASE I SUBDIVISION WHEREAS, The developer of the Edgewater Heights Phase I Subdivision has submitted a request for a reduction to the Letter of Credit; and WHEREAS, The City Engineer and Finance Committee have recommended that the Letter of Credit be reduced to $47,598.00. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve that the Letter of Credit for Edgewater Heights Phase I Subdivision be reduced to $47,598.00. DATED THIS 8TH DAY OF JANUARY , 2019. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #003-2019 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer 1/19jmb Page 1 of 1 Resolution #003-2019 - Approval of Reduction of Letter... Packet Page 28 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #004-2019 APPROVAL OF REDUCTION OF LETTER OF CREDIT FOR MUSKEGO ALF, LLC WHEREAS, The developer of Muskego ALF, LLC has submitted a request for a reduction to the Letter of Credit; and WHEREAS, The City Engineer and Finance Committee have recommended that the Letter of Credit be fully released in the amount of $517,046.00. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve that the Letter of Credit for Muskego ALF, LLC be fully released in the amount of $517,046.00. DATED THIS 8TH DAY OF JANUARY , 2019. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #004-2019 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer 1/19jmb Page 1 of 1 Resolution #004-2019 - Approval of Reduction of Letter... Packet Page 29 CITY OF MUSKEGO Staff Report to Common Council To: Common Council From: Scott Kroeger, PE, PLS, Public Works and Development Director Subject: Hillendale Drive Reconstruction – 30% Plan Recommendation Date: January 8, 2019 The Public Works and Safety committee recommends to Common Council that a rural cross section design for the Hillendale Drive be used for the final design of the road instead of an urban cross section. Curb and gutter would be used in select locations to help with storm water and minimize impacts to trees and topography. The design will try to minimize disturbance along the corridor however safety will be a priority and vegetation will be removed or cut back in areas as necessary. The committee further recommends that a trail would not be designed and constructed as part of the Hillendale Drive project. The original memo provided to the committee is below. “On September 27, 2018 a Public Information Meeting was held at City Hall. Information collected at that PIM and through other submitted surveys has been compromised in a Foth Memorandum. (Attached) The public was shown two 30% alternatives for the reconstruction road: 1. A rural cross section design of the road. (No curb and gutter and ditches) 2. An urban cross section design of the road. (Curb and gutter, storm sewer, and no ditches) Both of these options showed a trail along the west side of Hillendale Drive. The trail is being proposed because according to the approved 2017-2021 Parks and Conservation Plan, Hillendale Drive is a planned loop for Future Recreation Trail Recommendations. Highlights of the Survey 70% preferred a rural cross section for Hillendale Drive with minimal disturbance along the corridor. 78% are in opposition to a trail along Hillendale Drive. Recommendation to Committee: It is the recommendation of City of Muskego Staff, that a rural cross section design for the Hillendale Drive be used for final design. Curb and gutter would be used in select locations to help with storm sewer and minimize impacts to trees and topography. The design will try to minimize disturbance along the corridor however safety will be a priority and vegetation will be removed or cut back in areas as necessary. Furthermore, a rural cross section will be cheaper than an urban cross section for initial and long term cost. The Committee needs to make a final determination on the trail. City of Muskego staff provides the following points with regards to the trail.Page 1 of 8 Resolution #005-2019 - Resolution as to the Public... Packet Page 30 1. The proposed trail is following the approved 2017-2021 Parks and Conservation Plan recommendation for a planned trail route. The Parks and Conservation Plan is an approved guideline to be used and referred to by City Staff. 2. The cost of putting this trail in with the reconstruction of Hillendale Drive would be the most cost effective.” Page 2 of 8 Resolution #005-2019 - Resolution as to the Public... Packet Page 31 Memorandum pw:\\PW-APS1.foth.com:PW_IE\Documents\Clients\Muskego WI C\Hillendale Reconstruction\Correspondence\MEM-2018-1119-Kroeger-PIM Memo.docx Lincoln Center II  2514 South 102nd Street, Suite 278 West Allis, WI 53227 (414) 336-7900 www.foth.com November 19, 2018 TO: Scott Kroeger, P.E. - City of Muskego CC: Tom Ludwig, P.E. - Foth Andy Schultz, P.E. - Foth FR: Travis Seehawer, E.I.T. - Foth RE: Hillendale Drive September 2018 Public Information Meeting Memo BACKGROUND The City of Muskego has identified Hillendale Drive from College Avenue to Racine Avenue for reconstruction. Currently a rural corridor, Foth designed two 30% alternatives and presented them at a September 27, 2018 Public Information Meeting (PIM) held at the City Hall. The meeting was held to inform the public of the reconstruction and allow the residents to comment on the rural and urban alternatives. It is recommended in the 2017-2021 Parks & Conservation Plan that recreational trails should serve to link the City of Muskego together with a system of safe, functional, off- street recreational trail connections. Map 45 in the Plan endorses a future recreation trail along the project corridor. The Hillendale link also serves as part of a future planned loop around Little Muskego Lake. Both the rural and urban 30% design alternatives presented at the PIM included a recreational trail on the west side of the corridor. PUBLIC RESPONSE The public was asked to sign into the PIM and fill out a comment card as well as discuss the 30% design alternatives in an open house style with City officials and Foth. 38 citizens signed into the PIM and Foth has received 63 comment cards to date. The comment card was set up for the residents to comment on the corridor alternatives and the recreational trail, as well as any other corridor comments. Page 3 of 8 Resolution #005-2019 - Resolution as to the Public... Packet Page 32 pw:\\PW-APS1.foth.com:PW_IE\Documents\Clients\Muskego WI C\Hillendale Reconstruction\Correspondence\MEM-2018-1102- Kroeger-PIM Memo.docx CONCLUSION Of the 63 comment cards, 14 are in favor of the recreational trail. Those in support approve public safety and the interconnection to Mill Valley Elementary School. The majority (78%) are in opposition to the trail, largely due to the possibility of losing existing trees and other vegetation. 44 of the 63 residents that participated in the comment card, or 70%, prefer minimal impacts when reconstructing the corridor, maintaining current cross section while resolving issues with pavement structure, and preserving the vegetation. To move toward gaining a consensus, three preferences where offered in the form of a check box on the comment card and the results are as follows Preferred Hillendale Drive Improvement Those in Favor Urban Section w/ Rec. Trail Improve Public Safety 14 Urban Section Cut Back Vegetation 5 Rural Section Minimize Disturbance 44 Total 63 Comments from those opposed to the addition of a recreational trail & cutting back vegetation include:  Loss of home privacy  Enjoy tree covered rural corridor  Recreational trail would not connect to a greater system  Construction impact to business RECOMMENDATION We recommend that the City reconstruct Hillendale Drive with a combination of rural section roadway with curb and gutter in select locations in order to minimize impacts to trees and topography. Per the 2017-2021 Parks and Conservation Plan, this segment of Hillendale Drive is identified as a planned trail route. The trail would provide a link to Mill Valley Elementary School, lake areas, local businesses, and serve to provide a safer place for pedestrians. The reconstruction project would be an ideal opportunity to construct a substantial trail segment like this one; however, there was considerable opposition voiced by residents along the route as part of the PIM process. Page 4 of 8 Resolution #005-2019 - Resolution as to the Public... Packet Page 33 Trail Recommendations General Recommendations The following recommendations are considered general in nature and intended to apply broadly in relation to the overall trail system. 1. Recreation trails are extensions of the transportation system of the city that are intended for the use of non-motorized modes of travel. Most recreation trail facilities are located within existing or planned rights-of-way while others traverse public land holdings or are located within land easements from private owners. These facilities should serve to link the City of Muskego together with a system of safe and functional off-street recreation trail connections to accommodate such activities as walking, running, biking, cross- country skiing, in-line skating, and hiking. 2. Recreation trails are proposed to follow road rights-of-way, utility corridors, and easements to facilitate travel within the city and also connect to trails in adjoining communities as part of a regional trail network. 3. It is recommended that future subdivision and other land developments construct proposed trail sections that are adjacent to or within their proposed development area. 4. Trails should have a paved surface in urbanized areas and conform to the specifications provided by the City’s Public Works Department. 5. Inspections should take place at least bi-annually on all Muskego trails to determine if ay sections are deteriorating so plans for repairs can be made and/or budgeted for. 6. Future trail additions to the City of Muskego trail system are found on Map 45. The future trails have a priority level based upon past Park and Conservation committee and Council discussions. The Council and Committee shall utilize this map annually before budget time to recommend any new trail design and/or construction. Trail recommendations shall be made based on public demand, trail main loop connections, trail main link connections, and as road construction projects take place. Planning/design for any new trail is recommended to commence at least one year earlier then construction (NOTE: Any trail segment addition to the community is solely up to the Council and their annual prioritization schedule). 7. Based on the Parks and Conservation survey the following trail sections were requested for increased consideration to complete loops and link residents to the overall system: a. Add a trail on Racine Avenue south of High School to south end of city b. Add trail on Woods from Durham to Tess Corners 8. The Parks and Conservation survey as part of this Plan looked to have more annual maintenance procedures with our existing trail system as well as calling for more trials in the community to be paved. 9. Update Adopt-a-Trail Program and promote. Ensure groups continually committed every year and assuming clean up duties. Specific Trail Recommendations Individual recommendations for a few specific trail systems, including the WE Energies trail systems, are found here: WE Energies North Trail -Continue to have Public Works install millings throughout whole trail as materials are acquired. -Remedy trail area crossing of County Hwy L by substation near Stagecoach Inn bar. Better signage as well as finding a way to wrap trail around substation better in future instead of having users go down highway for a couple hundred feet. -Have new signage plan along trail system: Page 5 of 8 Resolution #005-2019 - Resolution as to the Public... Packet Page 34 -Change and/or add traffic control signs. -Update/add brown wooden signs at crossings. -Update Adopt a Trail signs that are in rough shape. -Add gateway signage at west end denoting trail system. -Denote start/end of equestrian trail portion. -Update map signs along with proper directions. -Be consistent with signage and associated mountings. WE Energies Hwy 36 Trail -Have Public Works install millings throughout whole trail as materials are acquired to define the trail and remove areas of overgrowth. -Work on extending trail east of North Cape towards Franklin. -Cut trail thru boulevard of Champions Drive. -Remove vision corner shrub along Champions Drive trail portion. -Add benches along trail system. -Overall signage should be evaluated: -Change and/or add traffic control signs. -Trailhead (gateway) and map signs should be added. -Update Adopt a Trail signs that are in rough shape. -Opportunities to note environmental areas along trail could be found. -Add trailhead signage about Muskego trails at Wind Lake Canal Public Access. This is a great community asset and should be promoted as good fishing spot and/or fishing access spot. Environmental education signage location could be found. Page 6 of 8 Resolution #005-2019 - Resolution as to the Public... Packet Page 35 Priority #1 Priority #2 Priority #3 Distant Priority Existing Trails Planned Loop Planned Connector LEGEND Ma p 4 5 Fu t u r e R e c r e a t i o n T r a i l R e c o m m e n d a t i o n s Ci t y o f M u s k e g o P a r k s & C o n s e r v a t i o n P l a n NOTE 1: The future trails have a priority level basedupon past Park and Conservation Committee andCouncil discussions. The Council and Committeewill utilize this map annually before budget time torecommend any new trail design and/or construction.Trail recommendations shall be made based onpublic demand, trail main loop connections, trail mainlink connections, and as road construction projectstake place. Planning/design for any new trail isrecommended to commence at least one yearearlier then construction.NOTE 2: Map priorities are subject to change yearlyupon Council approvals 1 Plum Creek section would be on road noted w/ signage in 2017 2 1 Bay Lane trail will be installed upon reconstruction of road in 20192 Page 7 of 8 Resolution #005-2019 - Resolution as to the Public... Packet Page 36 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #005-2019 RESOLUTION AS TO THE PUBLIC WORKS AND SAFETY COMMITTEE RECOMMENDATION FOR THE HILLENDALE DRIVE RECONSTRUCTION PROJECT WHEREAS, A Public Informational Meeting (PIM) was held on September 27, 2018 to inform the public of the Hillendale Drive Reconstruction Project and allow comments on the rural and urban alternatives; and WHEREAS, As a result of the comments received at the PIM, staff recommended the City reconstruct Hillendale Drive with a combination of rural section roadway with curb and gutter in select locations in order to minimize impacts to trees and topography; and WHEREAS, Pursuant to the 2017-2021 Parks and Conservation Plan, a substantial recreation trail was proposed along the west side of Hillendale Drive; and WHEREAS, At its meeting held on December 17, 2018, the Public Works and Safety Committee recommended the following to the Common Council: A rural cross section design will be used for the final design of Hillendale Drive instead of an urban cross section. Curb and gutter will be used in select locations to help with storm water and minimize impacts to trees and topography. The Committee determined that the recreation trail loop can be completed as originally planned as part of the distant priority trail along Racine Avenue. Based on this, the trail was removed from this project. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby accept the recommendations of the Public Works and Safety Committee as stated above. DATED THIS 8TH DAY OF JANUARY , 2019. SPONSORED BY: PUBLIC WORKS AND SAFETY COMMITTEE This is to certify that this is a true and accurate copy of Resolution #005-2019 which was adopted by the Common Council of the City of Muskego. _______________________ Clerk-Treasurer 1/2019jmb Page 8 of 8 Resolution #005-2019 - Resolution as to the Public... Packet Page 37 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #007-2019 APPROVAL OF LEASE AGREEMENT WITH JACK KING FOR KELSEY DRIVE CONSERVATION SITE WHEREAS, The attached Lease Agreement has been reviewed by the Finance Committee and has been recommended for approval. 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 Lease Agreement with Jack King for lease of the Kelsey Drive Conservation Site commencing on March 1, 2019 and ending on December 31, 2020. BE IT FURTHER RESOLVED That the Mayor is authorized to execute the Agreement and the City Attorney is authorized to make substantive changes as may be necessary in order to preserve the general intent thereof. DATED THIS 8TH DAY OF JANUARY , 2019. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #007-2019 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer 1/19jmb Page 1 of 3 Resolution #007-2019 - Approval of Agricultural Lease... Packet Page 38 AGRICULTURAL LEASE THIS AGREEMENT is made between the City of Muskego, Lessor, and Jack King, Lessee. The property which is the subject of this lease is described as follows, to-wit: Tillable lands on Kelsey Drive Conservation site, Tax Key Number: MSKC 2280998003 TOTAL AREA TO BE LEASED IS APPROXIMATELY 3.5 ACRES AS DEPICTED ON EXHIBIT A, AND ACCORDING TO THE FOLLOWING CONDITIONS: RENTAL: Rent will be $55.00 per acre per year. The rental of said property shall be for the term of 2 growing season(s), commencing on the 1st day of March, 2019, and ending the 31st day of December, 2020. Renewal of this lease will be at the discretion of the Lessor. SPECIAL CONDITIONS: This lease is for harvest of the existing hay crop only. Land may not be planted with any “row” crops (corn, soybeans, wheat…) under this agreement. LIABILITY INSURANCE: Lessee shall, at his own expense and at all times during the term of this lease, maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Lessor against liability for injury to or death of persons or loss or damage to property occurring in or about the demised premises. The liability under such insurance shall not be less than $1,000,000 for any one person killed or injured, $1,000,000 for any one accident and $1,000,000 property damage. A certificate of insurance by endorsement naming Lessor as an additional insured must be on file with the Clerk/Treasurer Department prior to entering said property. RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall have the right of entry at any reasonable time to inspect their property and/or the farming methods being used. If this lease is terminated before the end of the normal production year, the Lessee shall have the right of entry for the purpose of the annual harvesting of crops seeded before the termination of the lease in accordance with normal farm practices, or to sell his interest in such annual crops whether to the Lessor or to the succeeding Lessee provided the Lessee does not interfere with normal field operations of the succeeding season. If this lease is terminated before the Lessee shall have obtained the benefits from any labor or formerly agreed upon expense he incurred in operating the land during the current lease year, the Lessor shall reimburse the Lessee for such labor or expense. The Lessee shall present, in writing to the Lessor, his claim for such reimbursement within thirty (30) days of the termination of this lease. INDEMNIFICATION: Lessee agrees to indemnify, defend and hold harmless the Lessor from and against any and all suits, actions, claims, damages of whatsoever kind caused by reason of any act, omission, fault or negligence of Lessee or anyone acting under its discretion or control unless liability results from the sole negligence of lessor. This indemnity provision shall survive the termination or expiration of this Lease Agreement. ASSIGNMENT: This lease shall not be assigned by the Lessee without the expressed written consent of the City. RENEWAL: This lease is not subject to automatic renewal. Pursuant to Resolution #____-2019 passed and approved on ___________ by the Common Council of the City of Muskego, this lease is hereby executed this day of , 2019. __________________________ Jack King, Lessee __________________________ City of Muskego Kathy Chiaverotti, Mayor Page 2 of 3 Resolution #007-2019 - Approval of Agricultural Lease... Packet Page 39 Page 3 of 3 Resolution #007-2019 - Approval of Agricultural Lease... Packet Page 40 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #008-2019 APPROVAL OF LEASE AGREEMENT WITH ROBERT STIGLER FOR THE BADERTSCHER PRESERVE WHEREAS, The Finance Committee reviewed the attached Lease Agreement and recommended approval. 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 Lease Agreement with Robert Stigler for lease of the Badertscher Preserve Property commencing on March 1, 2019 and ending on December 31, 2020. BE IT FURTHER RESOLVED That the Mayor is authorized to execute the Agreement and the City Attorney is authorized to make substantive changes as may be necessary in order to preserve the general intent thereof. DATED THIS 8TH DAY OF JANUARY , 2019. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #008-2019 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer 1/19jmb Page 1 of 3 Resolution #008-2019 - Approval of Agricultural Lease... Packet Page 41 AGRICULTURAL LEASE THIS AGREEMENT is made between the City of Muskego, Lessor, and Robert Stigler, Lessee. The property which is the subject of this lease is described as follows, to-wit: Tillable lands on Badertscher Preserve, Tax Key Number: MSKC 2185.999.003 TOTAL AREA TO BE LEASED IS APPROXIMATELY 2.5 ACRES AS DEPICTED ON EXHIBIT A, AND ACCORDING TO THE FOLLOWING CONDITIONS: RENTAL: Rent will be $100.00 per tillable acre per year. The rental of said property shall be for the term of 2 growing season(s), commencing on the 1st day of March, 2019, and ending the 31st day of December, 2020. Renewal of this lease will be at the discretion of the Lessor. PERMITTED USES: Lessee is permitted to conduct practices commonly associated with the production and harvest of agricultural crops. No other uses of the land are conveyed by this agreement. SPECIAL CONDITIONS: Land may be planted with annual crops (corn, soybeans, wheat…) only, not hay. LIABILITY INSURANCE: Lessee shall, at his own expense and at all times during the term of this lease, maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Lessor against liability for injury to or death of persons or loss or damage to property occurring in or about the demised premises. The liability under such insurance shall not be less than $1,000,000 for any one person killed or injured, $1,000,000 for any one accident and $1,000,000 property damage. A certificate of insurance by endorsement naming Lessor as an additional insured must be on file with the Clerk/Treasurer Department prior to entering said property. RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall have the right of entry at any reasonable time to inspect their property and/or the farming methods being used. If this lease is terminated before the end of the normal production year, the Lessee shall have the right of entry for the purpose of the annual harvesting of crops seeded before the termination of the lease in accordance with normal farm practices, or to sell his interest in such annual crops whether to the Lessor or to the succeeding Lessee provided the Lessee does not interfere with normal field operations of the succeeding season. If this lease is terminated before the Lessee shall have obtained the benefits from any labor or formerly agreed upon expense he incurred in operating the land during the current lease year, the Lessor shall reimburse the Lessee for such labor or expense. The Lessee shall present, in writing to the Lessor, his claim for such reimbursement within thirty (30) days of the termination of this lease. INDEMNIFICATION: Lessee agrees to indemnify, defend and hold harmless the Lessor from and against any and all suits, actions, claims, damages of whatsoever kind caused by reason of any act, omission, fault or negligence of Lessee or anyone acting under its discretion or control unless liability results from the sole negligence of lessor. This indemnity provision shall survive the termination or expiration of this Lease Agreement. ASSIGNMENT: This lease shall not be assigned by the Lessee without the expressed written consent of the City. RENEWAL: This lease is not subject to automatic renewal. Pursuant to Resolution #____-2019 passed and approved on ___________ by the Common Council of the City of Muskego, this lease is hereby executed this day of , 2019. __________________________ Robert Stigler, Lessee __________________________ Kathy Chiaverotti, Mayor, City of Muskego Page 2 of 3 Resolution #008-2019 - Approval of Agricultural Lease... Packet Page 42 Page 3 of 3 Resolution #008-2019 - Approval of Agricultural Lease... Packet Page 43 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #009-2019 APPROVAL OF CLEANING SERVICES CONTRACT WITH GIBB BUILDING MAINTENANCE WHEREAS, Cleaning service proposals were requested for all City of Muskego facilities; and WHEREAS, Proposals were received from the current provider, Jani-King, as well as Dan Plautz Cleaning Services and Gibb Building Maintenance; and WHEREAS, Staff reviewed the proposals and recommends that the City enter into a one-year contract with Gibb Building Maintenance; and WHEREAS, The Finance Committee has reviewed the attached Contract Document and has recommended approval. 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 Cleaning Services Contract with Gibb Building Maintenance. BE IT FURTHER RESOLVED That the Mayor and Finance and Administration Director are authorized to sign the Contract and the City Attorney is authorized to make substantive changes as may be necessary in order to preserve the general intent thereof. DATED THIS 8TH DAY OF JANUARY , 2019. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #009-2019 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer 11/18jmb Page 1 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 44 Page 2 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 45 Page 3 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 46 Page 4 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 47 Page 5 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 48 Page 6 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 49 Page 7 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 50 Page 8 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 51 Page 9 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 52 Page 10 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 53 Page 11 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 54 Page 12 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 55 Page 13 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 56 Page 14 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 57 Page 15 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 58 Page 16 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 59 Page 17 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 60 Page 18 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 61 Page 19 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 62 Page 20 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 63 Page 21 of 21 Resolution #009-2019 - Approval of Cleaning Services... Packet Page 64 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 4 Ordinance #1426 - An Ordinance to Amend Chapter 30,... Packet Page 65 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 4 Ordinance #1426 - An Ordinance to Amend Chapter 30,... Packet Page 66 CITY OF MUSKEGO Reports and Presentations to Finance Committee and Common Council To: Finance Committee From: Sharon Mueller, Finance & Administration Director Department: Department of Finance & Administration Subject: Change Polling Place for District #1 from St. Paul’s Lutheran Church to Lakepoint Church, S63 W13694 Janesville Road. Date: December 11th, 2018 Background Information: The current polling place for District #1 is located at St, Paul’s Lutheran Church. This location was approved in 2013 and serves approximately 2,000 registered voters. Although St. Paul’s has been a suitable location for several years, there are growing concerns with safety issues and conflicts with school activities scheduled on election days. On November 15th, staff and I met with the Pastor and Administrator from Lakepoint Church to discuss the details of conducting future elections. Since there were no issues or concerns with the location, the meeting concluded with permission to move forward with the transition process. Key Issues for Consideration: 1.Lakepoint Church has 130+ parking stalls; is ADA compliant; has sufficient capacity; and the facility is located in District #3. The Polling Place Accessibility Survey has been completed and submitted to the Wisconsin Election Commission. 2.The City will need to clear the parking lot of ice or snow if this would occur on an Election Day, as was done for St. Paul’s. 3.State law requires that a change in polling place be approved by the governing body. For Muskego, the change is made by Ordinance adoption; and would be effective for the 2019 elections. 4.The registered voters in District #1 will be notified immediately following Council approval (second reading of Ordinance). Recommendation for Action by Committee and/or Council: Request Committee approval to change the polling place location for District #1. Due to timing issues, the Ordinance with the proposed change will be placed on the December 11th Common Council Agenda for the first reading. Since the last meeting in December has been cancelled due to the upcoming Holidays; the second reading and adoption will take place at the January 8 th Common Council Meeting. Date of Committee Action: December 11th, 2018 Planned Date of Council Action: January 8th, 2019 Total $ Needed: -0- Fiscal Note(s): None $ Budgeted: -0- Expenditure Account(s) to Be Used: N/A (12/2018) Page 3 of 4 Ordinance #1426 - An Ordinance to Amend Chapter 30,... Packet Page 67 CITY OF MUSKEGO Reports and Presentations to Finance Committee and Common Council To: Finance Committee From: Sharon Mueller, Finance & Administration Director Department: Finance & Administration Subject: Change Polling Place for District #6 from TCVFD Station #4 to Praise Fellowship Church, W195 S9912 Racine Avenue. Date: December 11th, 2018 Background Information: The current polling place for District #6 is located at Tess Corners Volunteer Fire Station #4. Elections have been held at this location for over 3 decades; serving approximately 1,600 registered voters. As voter turnout has increased significantly, the building’s capacity may become an issue along with voter safety due to the lack of adequate parking during certain periods of the day. In addition, the polling place is subject to interruption should there be a fire emergency. Praise Fellowship Church had been used as a temporary polling place for the year 2000 elections due to construction at the Fire Station, with no issues to report. On December 6th, staff and I met with the Pastor who recalled the temporary election site worked quite well; and is pleased the City is considering to transition back. Key Issues for Consideration: 1. Praise Fellowship Church has ample parking stalls, decent room capacity; is ADA compliant; and is located in District #6. The Polling place Accessibility Survey will be completed on December 11th. 2. The City will need to clear the parking lot of ice or snow if this would occur on an Election Day, as was done for TCVFD. 3. Required Ordinance adoption by Common Council; effective with 2019 elections. 4. The registered voters in District #6 will be notified immediately following Council approval. Recommendation for Action by Committee and/or Council: Request approval to change the District #6 polling place location in conjunction with District #1. Date of Committee Action: December 11th, 2018 Planned Date of Council Action (if required): January 8th, 2019 Total $ Needed: -0- Fiscal Note(s): None $ Budgeted: -0- Expenditure Account(s) to Be Used: N/A (12/2018) Page 4 of 4 Ordinance #1426 - An Ordinance to Amend Chapter 30,... Packet Page 68 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 4 Ordinance #1427 - An Ordinance to Amend the Zoning... Packet Page 69 City of Muskego Plan Commission Supplement PC 063-2018 For the meeting of: December 4, 2018 REQUEST: Rezoning from B-4 (Highway Business District) to M-1 (Light Industrial District) Tax Key No. 2259.981.002 / Vacant – North Cape Road SE ¼ of Section 25 PETITIONER: Douglas & Julie Meinen of D & J and Sons LLC. INTRODUCED: December 4, 2018 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 063-2018 The petitioners have submitted a rezoning request from B-4 Highway Business District to M-1 Light Industrial District. The request also includes amending the 2020 Comprehensive Plan from Business uses to Industrial uses. The purpose of the rezoning petition is to allow for the construction of a new building for their concrete foundation business, which includes some trucking. PLAN CONSISTENCY PC 063-2018 Comprehensive Plan:The current 2020 Comprehensive Plan shows the area as commercial use. The proposal is to change that to Industrial use. Zoning: The property is currently B-4 (Highway Business District). The zoning being requested is M-1 (Light Industrial District). Park and Conservation Plan: No acquisitions are proposed in this area. The proposal is consistent with the Plan. Street System Plan: The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: This area is served by a private on-site sewer system. The proposal is consistent with the Plan. Water Capacity Assessment District: This area is served by a private water well. The proposal is consistent with the Plan. Stormwater Management Plan: Stormwater management will need to be addressed once the full site development details are being developed. DISCUSSION PC 063-2018 The rezoning request is from B-4 Highway Business District to M-1 Light Industrial District. The M-1 district requires parcels to be at least 40,000 square feet in area and 150 feet in width. The 2020 Comprehensive Plan identifies this area as Commercial uses and as part of this request the plan would be amended to Industrial uses to support the M-1 zoning. A public hearing for this request will be held on December 11, 2018. Due to the submittal deadline and the meeting calendar, the Public Hearing is happening after the Plan Commission recommendation could be made. This has occurred on some past rezoning requests when the meeting/submittal deadline dates dictated such. If any negative comments and/or concerns arise from that Public Hearing, then this Resolution would come back before the Plan Commission for re-review before final Common Council action. 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. Page 2 of 4 Ordinance #1427 - An Ordinance to Amend the Zoning... Packet Page 70 STAFF RECOMMENDATION PC 063-2018 Approval of Resolution PC 063-2018 - Pending any comments that may come out of the Public Hearing on December 11, 2018. Page 3 of 4 Ordinance #1427 - An Ordinance to Amend the Zoning... Packet Page 71 RESOLUTION #P.C. 063-2018 RECOMMENDATION TO COUNCIL TO REZONE PROPERTY FROM B-4 HIGHWAY BUSINESS DISTRICT TO M-1 LIGHT INDUSTRIAL DISTRICT AND A 2020 COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY LOCATED IN THE SE ¼ OF SECTION 25 (TAX KEY NO. 2259.981.002 / NORTH CAPE ROAD). WHEREAS, A petition to rezone a property from the B-4 – Highway Business District to M-1 Light Industrial District and amend the 2020 Comprehensive Plan from Business uses to Industrial uses for the property located in the SE ¼ of Section 25 (Tax Key No. 2259.981.002 / North Cape Road), and WHEREAS, A Public Hearing for the rezoning will be heard before the Common Council on December 11, 2018, and WHEREAS, The proposed M-1 district requires a minimum lot size of 40,000 sq. ft. and average lot width of 150 feet per lot, and WHEREAS, The purpose of the proposed rezoning is to allow for the construction of a new building for the applicants concrete foundation business, which includes some trucking, and WHEREAS, This property was recently divided off from the parent parcel to facilitate this proposed project. THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval to the Common Council for the rezoning from B-4 Highway Business District to M-1 Light Industrial District and a 2020 Comprehensive Plan Amendment from Business uses to Industrial uses for the property located in the SE ¼ of Section 25 (Tax Key No. 2259.981.002 / North Cape Road) BE IT FURTHER RESOLVED, If any negative comments and/or concerns arise from that Public Hearing, then this Resolution would come back before the Plan Commission for re-review before final Common Council action. 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. Plan Commission City of Muskego Adopted: December 4, 2018 Defeated: Deferred: Introduced: December 4, 2018 ATTEST: Adam Trzebiatowski, Planning Manager Page 4 of 4 Ordinance #1427 - An Ordinance to Amend the Zoning... Packet Page 72 Approved CITY OF MUSKEGO FINANCE COMMITTEE MINUTES November 27, 2018 5:30 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 5:30 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 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 – November 13, 2018 Alderperson Kubacki made a motion to approve. Alderperson Madden seconded; motion carried. LICENSE APPROVALS Recommend Approval of Operator Licenses Alderperson Madden made a motion to recommend approval of an Operator License for Amanda Joski and Ryan Kaufman. Alderperson Kubacki seconded; motion carried. Recommend 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 City Attorney Warchol stated he is waiting to receive confirmation that the property owner approves the storage, sale and consumption of alcohol on the premises. Board Together LLC is a tenant. Alderperson Kubacki moved to recommend the license be approved subject to the City Attorney receiving confirmation that the landlord approves that alcohol will be on the premises. Alderperson Wolfe seconded; motion carried. NEW BUSINESS Recommend Approval of Lease Agreement between the City of Muskego and Tess Corners Volunteer Fire Department Alderperson Kubacki made a motion to recommend approval. Alderperson Madden seconded; motion carried. Page 1 of 2 Finance Committee - November 27, 2018 Packet Page 73 Finance Committee Minutes 2 November 27, 2018 VOUCHER APPROVAL Utility Vouchers Alderperson Wolfe made a motion to recommend approval of Utility Vouchers in the amount of $26,092.62. Alderperson Kubacki seconded; motion carried. General Fund Vouchers Alderperson Wolfe made a motion to recommend approval of General Fund Vouchers in the amount of $166,989.14. Alderperson Madden 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 $465,197.81. Alderperson Kubacki seconded; motion carried. ADJOURNMENT Alderperson Wolfe made a motion to adjourn at 5:38 p.m. Alderperson Kubacki seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk. Page 2 of 2 Finance Committee - November 27, 2018 Packet Page 74 Approved CITY OF MUSKEGO PUBLIC WORKS AND SAFETY COMMITTEE MINUTES October 16, 2018 5:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Alderperson Madden called the meeting to order at 5:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Alderperson Madden, Alderperson Borgman, Alderperson Engelhardt, and Scott Kroeger, Director of Public Works and Development Also Present: Sherry Czisny and Jay Schnorenberg, Pinnacle Peak; Mayor Chiaverotti; Alderperson Hammel STATEMENT OF PUBLIC NOTICE The meeting was posted in accordance with open meeting laws. APPROVAL OF MINUTES Alderperson Borgman made a motion to approve the minutes of September 17, 2018, Alderperson Engelhardt seconded. Motion Passed 3 in favor. STATUS OF PROJECTS Discussion update. No formal action may be taken on any of the following: Waukesha Water Director Kroeger stated the City attended a meeting on October 9, 2018, and it has been determined that Route #3 is the preferred return route for Waukesha water. A 30” pipe (wrapped twice for corrosion) is to be used. The City should receive 60% construction plans in November and must review/return them by January 2019. He continued by late February 90% plans will be available. A public information meeting will be held approximately in May with bidding beginning late in 2019, and construction taking place between 2020 - 2023. Bay Lane Reconstruction Director Kroeger stated after making a decision on the final agenda item listed tonight, we will move forward to 90% plans with a final public information meeting. The project will be bid in January 2019, with construction beginning in spring 2019. Hillendale Reconstruction Director Kroeger stated we are still receiving public comment forms. The two main topics of Page 1 of 3 Public Works and Safety Committee - October 16, 2018 Packet Page 75 concern are the bike trail and keeping the area more rural. After the consultants are ready with the plans, it will be presented to the Committee. UNFINISHED BUSINESS Discussion update and possible action may be taken on any or all of the following: Request for Curve Warning Sign on Shady Lane and Forest Drive The Committee as a whole discussed a few options for the area. Alderperson Borgman made a motion to install a 15 MPH curve warning sign, in both directions. Seconded by Alderperson Engelhardt. Motion Passed 3 in favor. Forest Glen Subdivision Drainage Director Kroeger handed out two documents for the Committee to review. One of them showed how the grades have changed slightly in the area. The other document shows a utility easement with language stating that no one can alter the area by more the 4” without prior authorization. After a brief discussion the Committee agreed the City did their part and now the rest lies with the homeowners. Water Main Assessments – Defer to November Meeting NEW BUSINESS Discussion update and possible action may be taken on any or all of the following: Heinrich Drive Director Kroeger briefly explained the request for Mr. Heinrich to keep the gravel driveway as access to the future home to be built on Lot 1. Alderperson Engelhardt made a motion to keep the existing gravel driveway as access to Lot 1. Seconded by Alderperson Borgman. Motion Passed 3 in favor. Harvest Court Plan Approval Director Kroeger explained this is a conditional approval of proposed asphalt roadways, ditches and culverts for Harvest Court. Alderperson Borgman made a motion to approve the Harvest Court plans. Seconded by Alderperson Engelhardt. Motion Passed 3 in favor. Pinnacle Peak Sewer Connection Fee Director Kroeger gave an overview of how the sewer connection fees are calculated and the timing of when they are assessed to residents or business owners. He stated Pinnacle Peak was given the Commercial Fee Sheet stating they should call the Utilities Department for more information on that process. Page 2 of 3 Public Works and Safety Committee - October 16, 2018 Packet Page 76 Sherry Czisny and Jay Schnorenberg came forward to speak about their lack of knowledge of the “connection” fees. Ms. Czisny stated that Pinnacle Peak may have chosen to walk away from Muskego due the high sewer costs because they are a small business. She quoted Chapter 290.7 states RCA fees are to be paid up front. Director Kroeger mentioned again it is an assessment that is charged after hookup, not before. Ms. Czisny and Mr. Schnorenberg both said again, they were not told about these fees because it would have been part of their loan paperwork. They also mentioned we should consider changing our documents to state “connection” fees. Mayor Chiaverotti spoke to clarify a few items between residential and commercial properties. She also stated the City Attorney reviewed our documents and procedures; to be sure the City was handling everything correctly. The Mayor also reiterated to the Committee that this was a first for the City. Ms. Czisny continued that she has reported our practices to the Public Service Commission in Madison. Director Kroeger gave her copies of the documents that the Utility Clerk used to calculate the bill based on code that was created in 1984 for nursing homes. The conversation ended with no formal action taken. Connection of Bellview Drive and Bay Lane Drive Director Kroeger gave an overview and history of the possible connection of Bellview Drive to Bay Lane Drive. The City will be reconstructing Bay Lane Drive in 2019 and from an engineering standpoint; this area at the end of Bellview Drive was always meant to be connected. The City already owns the right-of-way needed. The end of Bellview does not currently allow enough room for turning around of emergency vehicles, garbage trucks, school buses, etc. Seven residents and Alderperson Hammel spoke regarding numerous reasons why Bellview Drive should not connect to Bay Lane Drive during reconstruction. Alderperson Engelhardt made a motion to not connect Bellview Drive to Bay Lane Drive. Seconded and Amended by Alderperson Borgman to also include this will be permanent and never revisited in the future. Motioned Passed 2-1 in favor. Alderperson Madden voting no. NEW BUSINESS PLACED ON FILE (The following items have been placed on file for staff review. Upon completion of review, staff will submit a supplement detailing options and possible course of action to committee members.) COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Alderperson Borgman made a motion to adjourn at 6:33 PM, Alderperson Engelhardt seconded. Motion Passed 3 in favor. Respectfully Submitted, Wendy Fredlund Transcribing Secretary Page 3 of 3 Public Works and Safety Committee - October 16, 2018 Packet Page 77