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COMMON COUNCIL Packet- 1/28/2014 CITY OF MUSKEGO COMMON COUNCIL AGENDA January 28, 2014 7:00 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 PUBLIC COMMENT City Residents and Taxpayers Only – Speakers will be limited to making comments related to all agenda items excluding closed session items relating to employment and labor issues. Comments will be limited to two minutes per speaker per agenda item. There will be no discussion by/with the Common Council during Public Comment. PUBLIC HEARING To consider revisions to Chapter 14 Floodplain Zoning Ordinance of the City of Muskego Municipal Code relating to floodplain maps and regulations. CONSENT AGENDA Items listed under consent agenda will be approved in one motion without discussion unless any Council member requests that an item be removed for individual discussion. That item then can be acted on separately at the same meeting under the part of the meeting it would normally appear. Approval of Operators' Licenses Approval of Common Council Minutes - January 14, 2014 Reso. #006-2014 - Establishing Traffic Regulations (Removal of No Parking Sign - Elm Drive) Reso. #007-2014 - Establishing Traffic Regulations (Stop Sign - Pheasant Run Drive) Reso. #008-2014 - Amendment to Deposit and Forfeiture Schedule Reso. #009-2014 - Resolution Requesting the State Legislature Support Changes Regarding Drainage Districts Reso. #010-2014 - Approval of Consultant Services for Review of the Advanced Disposal Services Emerald Park Landfill Western Horizontal Expansion Feasibility Report Reso. #011-2014 - Resolution Authorizing the Submittal of a State Grant Application Common Council Agenda 2 January 28, 2014 and Subsequent Appropriation of City Funds for a Municipal Flood Control Grant Project at S76 W18109 Janesville Road Reso. #012-2014 - Resolution Amending the Assessment Policy for Construction of Sanitary Sewers Reso. #013-2014 - Resolution Amending the Assessment Policy for Construction of Water Mains Reso. #014-2014 - Approval of Intergovernmental Cooperation Agreement between the Milwaukee Metropolitan Sewerage District and the City of Muskego for the Franklin- Muskego Force Main Condition Assessment NEW BUSINESS Reso. #015-2014 - Approval of Sale of Real Property and Supporting Developer's Agreement (Former BP Parcel) REVIEW OF COMMITTEE REPORTS Finance Committee - December 10, 2013 Parks & Recreation Board - November 11, 2013 Public Works Committee - November 18, 2013 Community Development Authority - August 20 and October 21, 2013 Conservation Commission - June 12, 2013 FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED Ord. #1340 - An Ordinance to Repeal and Recreate Chapter 14 of the Municipal Code of the City of Muskego (Floodplain Zoning Ordinance) VOUCHER APPROVAL Utility Vouchers Tax Vouchers General Fund Vouchers Wire Transfers for Debt Service Wire Transfers for Payroll Transmittals CITY OFFICIALS' REPORTS City Calendar: http://www.cityofmuskego.org/Calendar.aspx COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Common Council Agenda 3 January 28, 2014 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. CITY OF MUSKEGO Staff Report to Council January 28, 2014 Meeting To: Common Council From: Jeff Muenkel Subject: Public Hearing for Amendments to Chapter 14 of the Municipal Code: Floodplain Development Regulations Date: January 21, 2014 Background Information: The City of Muskego is required to have a Floodplain Ordinance in order to be part of the NFIP (National Flood Insurance Program). By participating in the NFIP the residents of Muskego are eligible to get flood insurance. One of the main conditions of the NFIP program is that the City must adopt the required codes/regulations that the Wisconsin Department of Natural Resources (WDNR) and Federal Emergency Management Agency (FEMA) regulate. THE WDNR and FEMA recently have put forth new extensive changes to the Floodplain code that the city must adopt to be approved by the NFIP. Please find the various changes redlined and attached to the ordinance. We are essentially repealing the existing Chapter 14 code and replacing it. After the hearing the code will go to Plan Commission for recommendation on Tuesday February 4 before returning to Council for adoption on Tuesday February 11th. Let staff know of any questions during these next three weeks if need be. CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Common Council of the City of Muskego will hold a Public Hearing at 7:00 PM, or shortly thereafter, on Tuesday, January 28, 2014, in the Muskego Room of City Hall, W182 S8200 Racine Avenue, to consider the following upon the petition of the City of Muskego: Revisions to Chapter 14 Floodplain Zoning Ordinance of the City of Muskego Municipal Code relating to floodplain maps and regulations. Detailed descriptions of the code changes are available for public inspection at the City of Muskego Community Development Office. All interested parties will be given an opportunity to be heard. Plan Commission City of Muskego Publish in the Muskego NOW Newspaper on January 9, 2014 and January 16, 2014. Dated this 30th day of December, 2013. 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 AND 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. NOTICE "Please note that, 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 the Community Development Department at City Hall, W182 S8200 Racine Avenue, (262) 679- 4136." OPERATOR LICENSE APPROVALS COMMON COUNCIL – 01/28/2014 Niki Milliman Madalyn Peterson S/CityHall/Licenses/Oper Lic Approval Lists/2014.doc Unapproved CITY OF MUSKEGO COMMON COUNCIL MINUTES January 14, 2014 7:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor called the meeting to order at 7:00 pm. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present were Aldermen Kubacki, Soltysiak, Borgman, Hammel and Wolfe, and Deputy Clerk Blenski. Aldermen Glazier and Madden were absent. STATEMENT OF PUBLIC NOTICE Ms. Blenski stated that the meeting was properly noticed. COMMUNICATIONS FROM THE MAYOR'S OFFICE Reso. #001-2014 - Honoring City of Muskego Eagle Scout Jeffrey A. Brown Alderman Borgman made a motion to approve. Alderman Soltysiak seconded. Motion Passed 5 in favor. Recognition of City Employees - Years of Service Mayor Chiaverotti recognized employees who celebrated milestone anniversaries in 2013. She thanked them for their years of service. PUBLIC COMMENT No one registered to speak. CONSENT AGENDA Alderman Kubacki made a motion to approve the items under consent agenda. Alderman Hammel seconded. Motion Passed 5 in favor. Approval of Operators' Licenses for Terrance Dettinger, Simone Gaspar, Emily Johnson, Denise Kerzman, Ronald Krahn, Michael Moriarity, Patricia Schilling and Emily Walker. Approval of Common Council Minutes - December 10 and 17, 2013 Reso. #002-2014 - Approval of Certified Survey Map - Whitehouse Reso. #003-2014 - Final Authorization for Contribution of Funds Toward the Purchase of a Parcel of Land in the Big Muskego Lake State Wildlife Area Reso. #004-2014 - Acceptance and Dedication of Improvements for Belle Chasse Addition #1 Subdivsion Reso. #005-2014 - Acceptance and Dedication of Improvements for Northfield Green Subdivision REVIEW OF COMMITTEE REPORTS Finance Committee - November 26, 2013 Plan Commission - November 5, 2013 VOUCHER APPROVAL Utility Vouchers Alderman Soltysiak made a motion to approve Utility Vouchers in the amount of $130,367.41. Alderman Kubacki seconded. Motion Passed 5 in favor. Tax Vouchers Alderman Soltysiak made a motion to approve Tax Vouchers in the amount of $159,869.24. Alderman Hammel seconded. Motion Passed 5 in favor. General Fund Vouchers Alderman Soltysiak made a motion to approve General Fund Vouchers in the amount of $439,699.70. Alderman Kubacki seconded. Motion Passed 5 in favor. Wire Transfers for Debt Service None. Wire Transfers for Payroll Transmittals Alderman Soltysiak made a motion to approve Wire Transfers for Payroll Transmittals in the amount of $315,392.90. Alderman Wolfe seconded. Motion Passed 5 in favor. Wire Transfers for Tax Settlements Alderman Soltysiak made a motion to approve Wire Transfers for Tax Settlements in the amount of $159,869.24. Alderman Hammel seconded. Motion Passed 5 in favor. CITY OFFICIALS' REPORTS City Calendar: http://www.cityofmuskego.org/Calendar.aspx COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Alderman Borgman acknowledged the Department of Public Works for their efforts in maintaining the roads due to the weather conditions. FUTURE AGENDA ITEMS ADJOURNMENT Alderman Soltysiak made a motion to adjourn at 7:09 pm. Alderman Wolfe seconded. Motion Passed 5 in favor. Minutes transcribed by Kim Chavie, Assistant Deputy Clerk MUSKEGO POLICE DEPARTMENT MEMORANDUM TO: Chief Craig Moser FROM: Captain John Z. La Tour DATE: January 14, 2014 RE: No Parking Signs on Elm Drive Several months ago I was contacted by a City of Muskego resident who has been residing on Elm Drive for many years. The resident informed me that the prohibited parking on Elm Drive has always been quite problematic when entertaining friends. The resident asked what the procedure would be to change the signage to allow parking at the very end of Elm Drive where the road had been stubbed off. I explained to the resident that the signage was put in place at the request of the residents on Elm Drive due to the lack of parking at Idle Isle Park, and to change the signage would require her to work with her alderman, Neil Borgman. The resident believed the Idle Isle parking issue has been rectified since the development of an overflow parking lot on Martin Drive. Because the police department was familiar with the road and the parking issues, I explained to her that the police department would have no objections to her request. The request to change the signage was placed on the agenda of the Public Safety Committee meeting held on December 12, 2013. Alderman Borgman was present at the meeting and after follow-up discussion a motion was passed to forward a recommendation to the Common Council. The recommendation was to change the signage at the end of Elm Drive to allow parking on the paved stub portion of the roadway. I would recommend that Wayne Delikat or his designee use their discretion in properly posting signage that would not change parking permission on Elm Drive other than the paved stubbed portion at the farthest end of the street. COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #006-2014 ESTABLISHING TRAFFIC REGULATIONS (Removal of No Parking Signs – Elm Drive) BE IT RESOLVED by the Common Council of the City of Muskego that the following traffic regulations as indicated by the official signs and signals designated are hereby adopted. The Highway Superintendent, in conformity with Chapter 349 State Statutes, shall place the following official traffic signs and signals at the intersections and upon the highways indicated; that said signs and signals shall be so located as to give adequate warning to users of the highway and no provision of the Traffic Ordinance (Chapter 7) of the Municipal Code for Muskego with respect thereto, shall be enforceable unless and until such signs are erected and in place and sufficiently legible to be seen by an ordinarily observant person. All resolutions or parts of the resolutions inconsistent with or contravening this Resolution are hereby repealed. REMOVAL OF NO PARKING SIGNAGE At the very end of Elm Drive where the road has been stubbed off. BE IT FURTHER RESOLVED that the Clerk-Treasurer shall file this Resolution in her office as part of the original City records. DATED THIS DAY OF , 2014. SPONSORED BY: PUBLIC SAFETY COMMITTEE This is to certify that this is a true and accurate copy of Resolution #006-2014 which was adopted by the Common Council of the City of Muskego. ________________________________ Clerk-Treasurer 1/14jmb Page 1 of 1 CITY OF MUSKEGO Staff Report to Public Works Committee To: Public Safety Committee From: David Simpson, P.E., Director of Public Works/City Engineer Subject: Belle Chasse Addition Number One- Intersection Control Signage Date: November 4, 2013 The second Phase of Belle Chasse Subdivision will be completed shortly and ready for building to commence. As part of this process, we must review the need for street signs, including intersection control. Because Mystic Drive is a minor collector, a stop sign on Pheasant Run Drive at Mystic Drive is advisable and recommended by staff at this time. Internal subdivision streets do not normally necessitate any intersection controls be instituted, as I believe is the case for this subdivision. Some residents have expressed concern that their road might be utilized as a cut through, however, utilizing a stop sign inside the subdivision is not an advisable solution to reducing cut through traffic. Should this become a problem, we can examine traffic calming measures then. Recommendation: Install a stop sign on Pheasant Run Drive at Mystic Drive. COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #007-2014 ESTABLISHING TRAFFIC REGULATIONS (Stop Sign – Pheasant Run Drive) BE IT RESOLVED by the Common Council of the City of Muskego that the following traffic regulations as indicated by the official signs and signals designated are hereby adopted. The Highway Superintendent, in conformity with Chapter 349 State Statutes, shall place the following official traffic signs and signals at the intersections and upon the highways indicated; that said signs and signals shall be so located as to give adequate warning to users of the highway and no provision of the Traffic Ordinance (Chapter 7) of the Municipal Code for Muskego with respect thereto, shall be enforceable unless and until such signs are erected and in place and sufficiently legible to be seen by an ordinarily observant person. All resolutions or parts of the resolutions inconsistent with or contravening this Resolution are hereby repealed. STOP SIGN Install on Pheasant Run Drive at Mystic Drive BE IT FURTHER RESOLVED that the Clerk-Treasurer shall file this Resolution in her office as part of the original City records. DATED THIS DAY OF , 2014. SPONSORED BY: PUBLIC SAFETY COMMITTEE This is to certify that this is a true and accurate copy of Resolution #007-2014 which was adopted by the Common Council of the City of Muskego. ________________________________ Clerk-Treasurer 1/14jmb MUSKEGO POLICE DEPARTMENT MEMORANDUM TO: Chief Moser FROM: Lt. Rozeski DATE: 12-04-13 RE: Muskego Ordinance Violation Fine Amounts An observation was made that some of the Muskego Municipal Fine/Forfeiture amounts may be low considering the violation of the offense. A fine amount given to a person who has violated an ordinance in Muskego has a couple purposes. First, it is a punishment for violating an ordinance and secondly it is hopefully a deterrent so an offender does not repeat the ordinance violations. While dealing with people that are arrested, we have realized that the fine amounts just don't equal the severity of the ordinance violation. The forfeiture amount for possession of a controlled substance has been made fun of by the suspects, at which time they have made comments that the amount of marijuana they had taken away was worth more than what the fine amount was, and that the ticket is no big deal. What a suspect says while in custody needs to be taken with a grain of salt but it has been said by several suspects and I believe it shows that the fine amount is not enough to deter people from violating the ordinance again. Comparisons were compiled from four other jurisdictions in Waukesha County, which included City of New Berlin, City of Brookfield, Town of Brookfield and Menomonee Falls. These comparisons were used to help guide us while determining what the appropriate fine/forfeiture amounts should possibly be. The violation fine amounts that were questionable and compared were Battery, Damage to Property, Disorderly Conduct, Drug Paraphernalia, Obstructing, Possession of a Controlled Substance, Trespass, Underage Alcohol and Retail Theft. Of the violations listed, Trespass was only violation in Muskego that was above the average fine amount compared to the other departments. The rest of the violations listed were less than other departments and some of the amounts were considerably less. Below are the listed violations, the old forfeiture amount, the average of the other departments and what I recommend the new forfeitures be. The new forfeiture amounts are different from the average due to the average not necessarily fitting into the current municipal bond schedule. I took the average amount and looked at the closest deposit amount to the nearest hundredth. That is how I came up with the new forfeiture amounts. Violation Old Forfeiture Average Forfeiture New Forfeiture Battery $460.50 $628.00 $691.00 CDTP $460.50 $607.00 $691.00 DC $334.50 $456.00 $565.00 PODP $240.00 $557.00 $565.00 Obstructing $460.50 $698.00 $691.00 POCS $240.00 $864.00 $817.00 Trespass $334.50 $201.57 Leave UAD (14-17) $88.80 $97.20 $98.80 2nd OFFENSE $136.60 3rd OFFENSE AND GREATER $187.00 UAD (18-20) $177.00 $219.00 $187.00 2nd OFFENSE $313.00 3rd OFFENSE $439.00 4th OFFENSE AND GREATER $691.00 Retail theft was more difficult to compare because the departments used different criteria to determine the fine amount. Some departments broke it down between the number of offenses (1st and 2nd) and some broke it down between the dollar amounts stolen (Under $200, $200 - $500). Muskego has it broken down both ways and has more tiers of fines because there are three different fine amounts for items stolen under $100. The tiers are: Under $25, $25 -$50, $50- $100 and Greater than $100. Muskego also has a different fine amount for a second offense. The Wisconsin State Statute for retail theft has changed over the years and it is now a felony to steal more than $500.00 of merchandise. With the dollar amount being less for retail theft to be considered a felony and the majority of our retail theft complaints coming from larger stores with a higher dollar amount of items being stolen, I recommend that Muskego simplifies the tiers and changes the retail theft fine amounts b y compressing the tiers of the dollar amount stolen. I recommend there be a fine amount for items stolen under $100.00 and a fine amount for items over $100.00. Generally anything over $500.00 will be forwarded to the Waukesha County District Attorney's Office. I also recommend there continue to be a fine amount for a second or greater offense. The average for the under $100.00 tier was $402.00, so I recommend the new forfeiture be set at $439.00. The average for the next tier was $527.50, so I recomme nd that any stolen dollar amount greater than $100.00 have a forfeiture amount of $5 65.00. I also recommend the second offense or greater forfeiture amount be $5 65.00. Retail Theft Old Forfeiture Under $25.00 $208.50 $26.00 - $50.00 $271.50 $51.00 - $100.00 $334.50 $101.00 and Greater $460.50 2nd or Greater Offense $460.50 Retail Theft New Forfeiture Under $100.00 $439.00 $100.00 and Greater $565.00 2nd or Greater Offense $565.00 All of the comparisons from different municipalities were based off of forfeiture amounts, which included the court costs. The actual fine amounts recommended for the violations, which do not include the court costs, are listed below. Violation New Fine Battery $500 CDTP $500 DC $400 PODP $400 Obstructing $500 POCS $600 Trespass No Change UAD (14-17) $40 UAD (18-20) $125 Retail Theft Under $100.00 $300 Retail Theft Greater than $100.00 $400 Retail Theft Second or Greater $400 The municipal ordinances listed above are actually some of the most common violations that the City of Muskego Police Department deals with. I believe the new fine amounts listed above will help deter future ordinance violations in Muskego and they are a more appropriate punishment for the violation which occurred. Respectfully, Lt. Jim Rozeski COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #008-2014 AMENDMENT TO DEPOSIT AND FORFEITURE SCHEDULE WHEREAS, The Police Department has reviewed the City’s forfeiture amounts and has recommended some revisions; and WHEREAS, The Finance Committee has reviewed the proposed changes and recommends approval to the Common Council. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, in accordance with Chapter 1.06(3)(c) of the Municipal Code, and review by the Municipal Judge, does hereby approve the following amendments to the Deposit and Forfeiture Schedule, as attached. BE IT FURTHER RESOLVED That the schedule does not reflect the increase in court costs that was approved in December of 2013. The Court Clerk will update the schedule following adoption of this resolution. DATED THIS DAY OF , 2014. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #008-2014 which was adopted by the Common Council of the City of Muskego. __________________________ Clerk-Treasurer 1/2014jmb MUNICIPAL DEPOSIT FORFEITURE SCHEDULE Effective October 1, 1987 - $10.00 Jail Assessment Effective December 11, 2013- $38.00 Court Costs* Effective April 2, 2008 - $365.00 Surcharge - OWI/PAC Effective October 29, 1999 - $9.00 Automation Fee - OWI/PAC Effective December 31, 2005 - 26% Penalty Assessment + Effective July 27, 2005 - $8.00 Crime Lab Fee Municipal Charge of Operating While Intoxicated and/or PAC .10grams/210 liters will be written as a MUST APPEAR Municipal Charge of Operating While Intoxicated and/or PAC .10grams/210liters with a passenger under 16 years of age will be written as a MUST APPEAR Underage Alcohol and Absolute Sobriety will be written as a MUST APPEAR Drug Paraphernalia issued to defendant under the age of 17 will be issued as a MUST APPEAR EXCEPT for parking violations, in addition to deposit forfeiture, a 26% penalty assessment, $8.00 crime lab fee, $38.00 court costs* and a $10.00 jail assessment has been added. PARKING VIOLATIONS are deposit forfeiture and $38.00 court costs* ONLY. *Court costs for matters adjudicated by the Municipal Court shall be set at the maximum amount allowed by Wisconsin Statutes. PLEASE USE YOUR DISCRETION WHEN DECIDING TO PURSUE A CHARGE ON A STATE LEVEL OR MUNICIPAL LEVEL EFFECTIVE 12/11/2013 SECTION TITLE FORFEITURE/BOND ================================================================== Page 2 CITY OF MUSKEGO DEPOSIT & FORFEITURE SCHEDULE SECTION TITLE FORFEITURE/BOND =============================================================================== CHAPTER 6 CIVIL DEFENSE 6.08 OBSTRUCTING/HINDERING $ 208.50 M CHAPTER 7 TRAFFIC CODE The City of Muskego has adopted State Statute Chapters 340 through 348 by Ordinance. Any amendments made by the State with regard to reference numbers for those chapters are automatically adopted by the City and this Schedule will be amended accordingly to reflect those changes. 7.04 (1) PARKING IN FIRE LANE 58.00 P 7.04 (2) (a) AUTOMOBILES (WINTER ONLY) 38.00 P 7.04 (2) (b) TRUCKS (ALL YEAR) 53.00 P 7.042 KEYS IN AUTOMOBILE OR MOTORCYCLE 95.10 M 7.045 PARKING LOTS 114.00 M 7.05 (1) CLASS B ROADS (WEIGHT LIMIT) 145.50 M 7.05 (2) PNEUMATIC TIRES REQUIRED 145.50 M 7.11 (1) VEHICLE ABANDONMENT PROHITITED 114.00 M 7.12 (4) SNOW EMERGENCIES 107.70 M 7.13 (1) BICYCLE REGISTRATION 57.30 M 7.13 (3) REMOVAL/THEFT/DESTRUCTION OF BICYCLE PLATES 57.30 M 7.13 (7) PARENT RESPONSIBILITY/ BICYCLE REGISTRATION 57.30 M 7.14 ACCELERATING VEHICLES 114.00 M 7.16 COMPRESSION BRAKING 145.50 M CHAPTER 8. STREETS AND SIDEWALKS 8.04 (1) PERMIT REQUIRED 208.50 M 8.04 (8) - (12) UNAUTHORIZED EXCAVATIONS 271.50 M SECTION TITLE FORFEITURE/BOND ================================================================== Page 3 CHAPTER 9 ORDERLY CONDUCT The City of Muskego has adopted State Statute Sections 134.66, 134.71, 961.41(3g), 961.573, 961.574, 961.575, and Chapters 938 through 947 and Chapter 951 by Ordinance. Any amendments made by the State with regard to reference numbers for those sections or chapters are automatically adopted by the City and this Schedule will be amended accordingly to reflect those changes. CLASS A MISDEMEANOR 460.50 M CLASS B MISDEMEANOR 334.50 M CLASS C MISDEMEANOR 208.50 M 9.01 DISCHARGE OF FIREARMS & GUNS PROHIBITED 334.50 M 9.01(1) (d) (2) SHOOTING FROM SHORE OF LITTLE MUSKEGO LAKE 334.50 M 9.02 THROWING OR SHOOTING OF ARROWS, STONES & OTHER MISSILES PROHIBITED 145.50 M 9.04 OBSTRUCTING STREETS & SIDEWALKS PROHIBITED 114.00 M 9.05 LOUD & UNNECESSARY NOISE PROHIBITED 145.50 M 9.05 (2) OPERATION OF MOTOR VEHICLE 145.50 M 9.06 FALSE ALARMS PROHIBITED 334.50 M 9.07 OBEDIENCE TO OFFICER 208.50 M 9.08 (1) LOITERING FOR IMPROPER PURPOSES 145.50 M 9.08 (2) OBSTRUCTION OF HIGHWAY BY LOITERING 145.50 M 9.08 (3) OBSTRUCTION OF TRAFFIC BY LOITERING 145.50 M 9.08 (4) LOITERING AFTER BEING REQUESTED TO MOVE 145.50 M 9.08 (5) LOITERING IN PUBLIC PLACE 145.50 M 9.09 LITTERING PROHIBITED 208.50 M 9.09 (4) PLACEMENT OF REFUSE ON PROPERTY OF ANOTHER 2nd AND SUBSEQUENT OFFENSES 145.50 208.50 M 9.11 ANIMALS & POULTRY NOT TO RUN AT LARGE 95.10 M 9.12 OPEN CISTERNS, WELLS, BASEMENTS OR OTHER DANGEROUS EXCAVATIONS 145.50 M 9.13 ABANDONED OR UNATTENDED ICE BOXES, ETC, PROHIBITED 145.50 M 9.14 OPEN FIRES RESTRICTED (IF FIRE RUN) 114.00 334.50 M SECTION TITLE FORFEITURE/BOND ================================================================== Page 4 9.14 (1) BURNING OF GARBAGE & TRASH PROHIBITED 114.00 M 9.14 (2) LOCATION OF BURNING PROHIBITED 114.00 M 9.15 ASSISTING ESCAPE OF PRISONER 145.50 M 9.16 REGULATION OF MINORS ON STREETS & IN PUBLIC PLACES 114.00 M 9.16 (1) LOITERING/CURFEW OF MINORS PROHIBITED (Under 17) (11 PM to 5AM) 114.00 M 9.16 (2) LOITERING IN SCHOOL & PLAYGROUND AREA 114.00 M 9.16 (3) RESPONSIBILITY OF PARENTS 145.50 M 9.16 (4) RESPONSIBILITY OF OPERATORS OF PLACES OF AMUSEMENT 145.50 M 9.16 (5) RESPONSIBILITY OF HOTELS, MOTELS AND ROOMING HOUSES 145.50 M 9.17 DRINKING ON PUBLIC STREETS PROHIBITED 145.50 M 9.18 PROHIBITED OPERATION OF MOTOR VEHICLES ON PUBLIC THOROUGHFARE BY UNLICENSED JUVENILES 114.00 M 9.19 PROHIBITED OPERATION OF “OFF ROAD” VEHICLES 145.50 M 9.20 SOLICITATION 145.50 M 9.21 CONSPIRACY 145.50 M 9.22 ATTEMPT TO COMMIT OFFENSE UNDER THIS CHAPTER ½ of max penalty of committe d offense M 9.26 (4) POSSESSION OF TOBACCO PRODUCTS BY STUDENTS ON SCHOOL PROPERTY 145.50 A 9.26 (5) USE OF TOBACCO PRODUCT ON SCHOOL PROPERTY 145.50 A 9.27 HARBORING OR AIDING RUNAWAYS 208.50 M 9.134.66 SALE OF CIGARETTES OR TOBACCO PRODUCTS TO A MINOR 145.50 A 9.167.10 (3)(a) POSSESSION / USE / DISTRIBUTION / SALE OF FIREWORKS 145.50 M 9.254.92 (1 & 2) ATTEMPT / PURCHASE / POSSESSION / USE OF CIGARETTES (NOT ON SCHOOL PROPERTY) 114.00 A 9.940.19 (1) BATTERY 691.00 M 9.941.23 CARRYING A CONCEALED WEAPON 460.50 M SECTION TITLE FORFEITURE/BOND ================================================================== Page 5 9.941.35 EMERGENCY PHONE CALLS 334.50 M 9.943.01 CRIMINAL DAMAGE TO PROPERTY (Less than $1,000 Value ) 691.00 M 9.943.017(1) GRAFFITI 460.50 M 9.943.13 (1) CRIMINAL TRESPASS TO LAND 334.50 M 9.943.14 CRIMINAL TRESPASS TO DWELLING 712.50 M 9.943.20 CRIMINAL THEFT (See Retail Theft 9.943.50) M 9.943.21-2d FRAUD ON RESTAURANTS/GAS STATIONS 460.50 M 9.943.34 RECEIVING STOLEN PROPERTY (See Retail Theft 9.943.50) M 9.943.41 CREDIT CARD FRAUD (Less than $1,000 Value) 460.50 M 9.943.50 RETAIL THEFT Value under $25 Value $25-50 Under $100 $100 and Greater 2nd or Greater Offense 208.50 271.50 439.00 565.00 565.00 M 9.944.20 LEWD & LASCIVIOUS BEHAVIOR 460.50 M 9.945.02 GAMBLING 334.50 M 9.945.03 COMMERCIAL GAMBLING One Video Gambling Machine Two Video Gambling Machine Three Video Gambling Machine Four Video Gambling Machine Five Video Gambling Machine 712.50 1342.50 1972.50 2,602.50 3,232.50 M 9.945.04 PERMITTING PREMISES TO BE USED FOR COMMERCIAL GAMBLING One Video Gambling Machine Two Video Gambling Machine Three Video Gambling Machine Four Video Gambling Machine Five Video Gambling Machine 712.50 1342.50 1972.50 2,602.50 3,232.50 M 9.946.06 IMPROPER USE OF THE FLAG 460.50 M 9.946.32 FALSE INFO/APPLICANT 460.50 M 9.946.41 RESISTING OR OBSTRUCTING AN OFFICER 691.00 M 9.946.68 SIMULATING LEGAL PROCESS 334.50 M 9.947.01 DISORDERLY CONDUCT 565.00 M 9.947.012 UNLAWFUL USE OF TELEPHONE 334.50 M SECTION TITLE FORFEITURE/BOND ================================================================== Page 6 9.947.0125 UNLAWFUL USE OF COMPUTERIZED COMMUNICATIONS SYSTEM 460.50 M 9.947.013 HARASSMENT 334.50 A 9.947.04 DRINKING IN MOTOR VEHICLES ON HIGHWAY 208.50 M 9.948.51 HAZING 460.50 M 9.948.60 POSSESSION OF DANGEROUS WEAPON BY MINOR 114.00 M 9.951.02 MISTREATING ANIMALS 460.50 M 9.951.025 KILLING ANIMALS BY MEANS OF DECOMPRESSION 460.50 M 9.951.03 DOGNAPPING 460.50 M 9.951.04 LEADING ANIMAL FROM MOTOR VEHICLE 334.50 M 9.951.05 TRANSPORTING IN A CRUEL MANNER 460.50 M 9.951.06 EXPOSE TO POISON MIXED WITH FOOD 460.50 M 9.951.07 USE OF CERTAIN DEVICES 460.50 M 9.951.08 INSTIGATES FIGHTS BETWEEN ANIMALS 460.50 M 9.951.08 (2m) OWNING, POSSESSING, KEEPING OR TRAINING ANY ANIMAL WITHIN 5 YEARS AFTER A FELONY CONVICTION UNDER s951.08 460.50 M 9.951.09 SHOOTING AT CAGED OR STAKED ANIMALS 460.50 M 9.951.10 SALE OF BABY RABBITS, CHICKS, ETC. 334.50 M 9.951.11 SALE/DISPLAY OF COLORED ANIMALS 334.50 M 9.951.13 FAILURE TO PROVIDE FOOD & DRINK TO CONFINED ANIMALS 460.50 M 9.951.14 FAILURE TO PROVIDE PROPER SHELTER 460.50 M 9.951.15 (1) ABANDON ANIMAL 460.50 M 9.961.41(3g) POSSESSION OF CONTROLLED SUBSTANCE 817.00 M 9.961.573 POSSESSION OF DRUG PARAPHERNALIA (UNDER AGE OF 17/MUST APPEAR) 565.00 A 9.961.574 MANUFACTURE OR DELIVERY OF DRUG PARAPHERNALIA (UNDER AGE OF 17/MUST APPEAR) 240.00 A 9.961.575 DELIVERY OF DRUG PARAPHERNALIA TO MINOR (UNDER AGE OF 17/MUST APPEAR) 240.00 A SECTION TITLE FORFEITURE/BOND ================================================================== Page 7 CHAPTER 10. PUBLIC NUISANCES 10.01 PUBLIC NUISANCE PROHIBITED 114.00 M 10.02 CLEAN INDOOR AIR (SEE 9.26 FOR SCHOOL VIOLATIONS) 114.00 M 10.03 PUBLIC NUISANCE AFFECTING HEALTH 145.50 M 10.04 PUBLIC NUISANCE OFFENDING MORALS AND DECENCY 145.50 M 10.05 PUBLIC NUISANCE AFFECTING PEACE AND SAFETY 114.00 M 10.05 (10) NOISY ANIMALS OR FOWL 114.00 M 10.05 (11) OBSTRUCTION OF STREETS AND EXCAVATION 1st OFFENSE 2nd OFFENSE 3rd OFFENSE 208.50 334.50 460.50 M 10.05 (14) (a) PLOWING OF SNOW 114.00 M 10.05 (14) (b) PUTTING OF SNOW 114.00 M 10.05 (15) STORAGE OF JUNK 114.00 M 10.05 (16) JUNKED VEHICLE 114.00 M CHAPTER 11. HEALTH AND SANITATION 11.04 GARBAGE & REFUSE 208.50 M 11.04 (1) (a) COLLECTION, TRANSPORTING AND DUMPING PERMIT REQUIRED 183.30 M 11.04 (1) (a) FAILURE OF AGENT TO NOTIFY CLERK OF ISSUANCE OF LICENSE 145.50 M 11.04 (1) (e) TRUCKS TO BE COVERED 114.00 M 11.05 RECYCLING OF REFUSE 1ST OFFENSE 2nd OFFENSE 3RD OFFENSE 4th OFFENSE Written Warning 145.50 177.00 208.50 M CHAPTER 12. LICENSES AND PERMITS The City of Muskego has adopted State Statute Chapter 125 by Ordinance. Any amendments made by the State with regard to reference numbers for that section are automatically adopted by the City and this Schedule will be amended accordingly to reflect those changes. 12.03 PEDDLERS, CANVASSERS & TRANSIENT MERCHANTS 145.50 M SECTION TITLE FORFEITURE/BOND ================================================================== Page 8 12.04 DANCE HALLS 145.50 M 12.05 AMUSEMENT PARKS REGULATIONS 145.50 M 12.06 REGULATION OF TAXICABS 1ST OFFENSE 2nd OFFENSE 3RD OFFENSE 145.50 208.50 334.50 M 12.07 AMUSEMENT DEVICE 145.50 M 12.08 JUNK DEALERS 145.50 M 12.09 CIGARETTE AND TOBACCO PRODUCTS 208.50 A 12.10 HOUSE TRAILERS & TRAILER CAMPS 114.00 M 12.18 ALARM SYSTEM/FALSE ALARMS 1st - 3rd OFFENSE WITHIN CALENDAR YEAR 4th - 6th OFFENSE WITHIN CALENDAR YEAR 7th - 9th OFENSE WITHIN CALENDAR YEAR 10th - 12th OFFENSE WITHIN CALENDAR YEAR 13th - OFFENSE WITHIN CALENDAR YEAR NO CHARGE 107.70 145.50 208.50 334.50 M 12.18 (3) ALARM PERMIT REQUIRED 114.00 M 12.20 ADULT ESTABLISHMENTS 712.50 M 12.21 MASSAGE THERAPISTS 145.50 M 12.125.04 (1) UNLICENSED BARTENDERS/PERMITTING UNLICENSED BARTENDERS 1ST OFFENSE WITHIN 1 YR 2ND OFFENSE WITHIN 1 YR 3RD OFFENSE WITHIN 1 YR 4TH AND SUBEQUENT VIOLATIONS WITHIN 1 YR 208.50 334.50 460.50 712.50 A 12.125.07 (1)(a)(1) 12.125.07 (1)(a)(2) 12.125.07(1)(a)(3) PROVIDE ALCOHOL TO UNDERAGE PERSONS 1ST OFFENSE 2ND OFFENSE WITHIN 30 MONTHS 3RD OFFENSE WITHIN 30 MONTHS 4TH AND SUBEQUENT OFFENSES WITHIN 30 MONTHS SELL, DEAL, VEND OR TRAFFIC IN ALCOHOL BEVERAGE TO UNDERAGE PERSON 1st OFFENSE 2nd OFFENSE WITHIN 30 MONTHS 3rd OFFENSE WITHIN 30 MONTHS 4th AND SUBSEQUENT OFFENSES WITHIN 30 MONTHS PERMIT/KNOWINGLY FAIL TO PREVENT ILLEGAL CONSUMPTION 1st OFFENSE 2nd OFFENSE WITHIN 30 MONTHS 3rd OFFENSE WITHIN 30 MONTHS 4th AND SUBSEQUENT OFFENSES WITHIN 30 MONTHS 271.50 460.50 712.50 1342.50 271.50 460.50 712.50 1342.50 271.50 460.50 712.50 1342.50 A SECTION TITLE FORFEITURE/BOND ================================================================== Page 9 12.125.07 (3) (b) PERMITTING UNDERAGE PERSONS ON PREMISE 1ST OFFENSE WITHIN 30 MONTHS 2ND OFFENSE WITHIN 30 MONTHS 3RD AND SUBSEQUENT OFFENSE WITHIN 30 MONTHS 271.50 460.50 712.50 A 12.125.07(4)(a) UNDERAGE DRINKING VIOLATIONS – PROCURES OR ATTEMPTS TO PROCURE MUST APPEAR A 12.125.07(4)(b) UNDERAGE DRINKING VIOLATIONS – POSSESSES OR CONSUMES 1st OFFENSE (Under 17) $98.80 2nd OFFENSE $136.60 3rd OFFENSE AND GREATER $187.00 1st OFFENSE (17-20) $187.00 2nd OFFENSE $313.00 3rd OFFENSE $439.00 4th OFFENSE AND GREATER $691.00 MUST APPEAR A 12.125.32 (3) CLOSING HOURS OF BARS 1st OFFENSE WITHIN 1 YR 2nd OFFENSE WITHIN 1 YR 3rd OFFENSE WITHIN 1 YR 4th OFFENSE AND SUBSEQUENT WITHIN 1 YR 208.50 334.50 460.50 712.50 A CHAPTER 13. REGULATION OF ANIMALS 13.01 (3) 1 LICENSE REQUIRED - DOG 114.00 M 13.01 (3) 2 REGISTRATION OF DANGEROUS DOGS 208.50 M 13.01 (5) DOGS RUNNING AT LARGE 95.10 M 13.01 (6) HARBORING VICIOUS DOG 334.50 M 13.01 (6) 2 FAILURE TO IMPLANT ID MICROCHIP VICIOUS DOG 334.50 /day M 13.01 (7) HARBORING DANGEROUS DOG NOT IN COMPLIANCE WITH ORDINANCE 208.50 M 13.01 (7) 4 FAILURE TO IMPLANT ID MICROCHIP DANGEROUS DOG 208.50 /day M 13.01 (10) NOISY DOGS PROHIBITED 1st OFFENSE 2nd OFFENSE 95.10 114.00 M 13.01 (16) NUMBER OF DOGS LIMITED 114.00 M SECTION TITLE FORFEITURE/BOND ================================================================== Page 10 13.01 (17) HARBORING OF DOG DETERMINED BY COURT TO BE VICIOUS 712.50 M 13.01 (18) NOT NOTIFYING POLICE OF GUARD DOG 208.50 M 13.01 (19) HARBORING ANY DOG FOR USE OR TRAINED IN ANIMAL FIGHTING 712.50 M 13.01 (20) DOG BITE 145.50 M 13.02 (4) HORSES AT LARGE 114.00 M 13.03 WILD ANIMALS PROHIBITED 334.50 M 13.04 (2) HARBORING VICIOUS AMIMAL 334.50 M 13.04 (2)(2) MICROCHIP IMPLANT ID/VICOUS ANIMAL 334.50 /day M 13.04 (3) HARBORING DANGEROUS ANIMAL 208.50 M 13.04 (3)(4) MICROCHIP IMPLANT ID/DANGEROUS ANIMAL 208.50 /day M 13.04 (6) NOISY ANIMALS PROHIBITED 1st Offense 2nd Offense 95.10 114.00 M 13.04 (12) HARBORING VICIOUS ANIMAL/DETERMINED BY COURT 712.50 M 13.04 (13) HARBORING ANY ANIMAL FOR USE OR TRAINED IN FIGHTING 712.50 M 13.04 (14) ANIMAL BITE 145.50 M CHAPTER 14. FLOOD PLAIN ORDINANCE 14. FLOOD PLAINS VIOLATIONS 126.60 M CHAPTER 17. ZONING ORDINANCE 17. ZONING ORDINANCE VIOLATIONS 114.00 M CHAPTER 18. SUBDIVISION AND PLATTING 18. SUBDIVISION AND PLATING VIOLATIONS 114.00 M CHAPTER 20. PUBLIC WATERS AND BEACHES 20.01 PUBLIC WATERS & BEACHES 145.50 M 20.02 (5) NO ENGINE COVER ON BOAT 120.30 M 20.025 SPEED RESTRICTION (8:30PM – 8:00AM) 120.30 M 20.03 ADDITIONAL REGULATIONS WATER SKIING 145.50 M SECTION TITLE FORFEITURE/BOND ================================================================== Page 11 20.03 (2) 75 FEET SKI ROPE 120.30 M 20.05 WATER SKI JUMP PERMITS REQUIRED 145.50 M 20.07 OPERATION OF MOTOR VEHICLES ON ICE 145.50 M 20.07(1) OPERATION OF MOTOR VEHICLE ON BASS BAY 145.50 M 20.07 (2) (a) OPERATION OF MOTOR VEHICLE ON ICE ENDANGERING PERSON(S) ON ICE 334.50 M 20.07 (2) (b) OPERATION OF MOTOR VEHICLE ON ICE IN EXCESS OF 10 MPH 145.50 M 20.07 (2) (c) OPERATION OF MOTOR VEHICLES ON ICE WITH MORE THAN 4 PERSONS OCCUPYING SAID VEHICLE 145.50 M 20.07 (2) (d) OPERATION OF MOTOR VEHICLE ON ICE TOWING, PULLING OR PUSHING PERSONS ON SLEDS, SKIS, SKATES, TOBOGGANS, ETC.. 145.50 M 20.07 (2) (e) OPERATION OF MOTOR VEHICLE ON ICE BETWEEN THE HOURS OF 9:30 PM - 5:30 AM 145.50 M 20.08 SKIN DIVING - ESCORT BOAT 145.50 M 20.09 SWIMMING BEACHES PERMITS 145.50 M CHAPTER 21. SEWER UTILITY 21.05 (3 10) SEWER UTILITY VIOLATIONS 114.00 M 21.09 (1 –5) PROHIBITED DISCHARGE 303.00 M 21.11 (1) PRETREATMENT FACILITIES 177.00 M 21.12 SAND & GREASE TRAP INSTALLATION 177.00 M 21.13 (3, 4, 5, 8) WASTEWATER MEASUREMENTS & SAMPLING 114.00 M 21.16 ADMISSION TO PROPERTY 114.00 M CHAPTER 22. FAIR HOUSING CODE 22.01-22.10 FAIR HOUSING CODE VIOLATIONS 177.00 M CHAPTER 23. FLAMMABLE LIQUIDS CODE 23.01 STATE REGULATIONS ADOPTED 126.60 M 23.12 PERMIT REQUIRED 126.60 M CHAPTER 24. SNOWMOBILES AND ALL-TERRAIN VEHICLES The City of Muskego has adopted State Statute Chapters 350 and 23.33 by Ordinance. Any amendments made by the State with regard to reference numbers for those chapters are automatically adopted by the City and this Schedule will be amended accordingly to reflect those changes. 24.02 HOURS OF OPERATION 114.00 M SECTION TITLE FORFEITURE/BOND ================================================================== Page 12 24.04 DESIGNATED HIGHWAYS 145.50 M 24.05 MISCELLANEOUS RULES 145.50 M CHAPTER 26 PARK AND RECREATION REGULATIONS 26.02 CITY PARKS REGULATIONS EXCLUDING (1) (d), (1) (L), (1) (w), (7) (a) and 126S 114.00 M 26.02 (1) (c) ANIMALS IN PARK 145.50 M 26.02 (1) (d) ALCOHOL BEVERAGE IN CITY PARK WITHOUT PERMIT 145.50 M 26.02 (1) (l) IN PARK AFTER CLOSING HOURS 145.50 M 26.02 (1) (p) FAILURE TO PAY LAUNCH FEE 145.50 M 26.02 (1) (w) FISHING PROHIBITED IN CITY PARK 95.10 M 26.02 (7) (a) PARKING ON GRASS/CITY PARK 95.10 M 26.02 (9) (d) RIDING SNOWMOBILE OFF DESIGNATED TRAIL IN CITY PARK 114.00 M 126S ADOPTION OF WAUKESHA COUNTY PARKS ORDINANCE 145.50 M CHAPTER 28 WATER UTILITY 28.04 OPERATING RULES 126.60 M 28.04 (18) OPERATION OF VALVES AND HYDRANTS 177.00 M 28.04 (23) SURREPTITIOUS USE OF WATER 177.00 M 28.05 (2) MANDATORY HOOK-UP 126.60 M 28.05 (4) USE OF PRIVATE WELLS UPON CONNECTION TO MUNICIPAL WATER SERVICE 126.60 M 28.05 (6) POLLUTING WATER/INJURING WATERWORKS 366.00 M CHAPTER 29 EROSION CONTROL 29 EROSION CONTROL VIOLATIONS 177.00 M CHAPTER 30 BUILDING CODE 30 BUILDING CODE VIOLATIONS 126.60 M CHAPTER 31 MUSKEGO CABLE TELEVISION FRANCHISE 31.45 THEFT OF SERVICES AND TAMPERING 208.50 M CHAPTER 32 FIRE PREVENTION CODE 32 FIRE PREVENTION CODE VIOLATIONS 126.60 M CHAPTER 34 STORM WATER MANAGEMENT SECTION TITLE FORFEITURE/BOND ================================================================== Page 13 34 Storm Water Management Violations 1st OFFENSE WITHIN 1 YR 2nd OFFENSE WITHIN 1 YR 3rd OFFENSE WITHIN 1 YR 4th OFFENSE AND SUBSEQUENT WITHIN 1 YR 177.00 303.00 429.00 555.00 M CHAPTER 35 COMMERCIAL PROPERTY MAINTENANCE 35 Commercial Property Management Violations 177.00 M CHAPTER 36 WIRELESS COMMUNICATION FACILITIES 36 Wireless Communication Violations 177.00 M CHAPTER 37 TREES 37 Trees 177.00 M CHAPTER 38 NONMETALLIC MINING RECLAMATION 38 Nonmetallic Mining Reclamation 177.00 M Amended by Resolution #73-94, April 12, 1994 Amended by Resolution #116-94, May 10, 1994 Amended by Resolution #138-94, June 14, 1994 Amended by Resolution #48-95, March 28, 1995 Amended by Resolution #108-95, May 23, 1995 Amended by Resolution #230-95, December 12, 1995 Amended by Resolution #186-96, August 13, 1996 Amended by Resolution #143-97, June 24, 1997 Amended by Resolution #192-97, August 26, 1997 Amended by Resolution #207-97, September 23, 1997 Amended by Resolution #200-98, October 27, 1998 Amended by Resolution #107-99, June 8, 1999 Amended by Resolution #120-99, July 13, 1999 Corrections to Statute Numbers, July 30, 1999 Amended by Resolution #135-99, July 27, 1999 Amended by Resolution #147-99, September 14, 1999 Amended by Resolution #168-99, October 12, 1999 Amended by Resolution #194-99, November 9, 1999 Amended by Resolution #30-2000, January 25, 2000 Amended by Resolution #53-2000, March 14, 2000 Amended by Resolution #178-2000, August 22, 2000 Amended by Resolution #181-2000, September 12, 2000 Amended by Resolution #109-2001, May 22, 2001 Amended by Resolution #112-2001, June 12, 2001 Amended by Resolution #185-2002, October 3, 2002 Amended by Resolution #189-2003, August 26, 2003 Amended by Resolution #123-2004, July 27, 2004 Amended by Resolution #124-2008, June 24, 2008 Amended by Resolution #150-2008, August 12, 2008 Amended by Resolution #013-2011, February 8, 2011 Amended by Resolution #106-2013, December 10, 2013 Date: January 28, 2014 TO: Finance Committee FROM: Mayor Chiaverotti RE: Dover Norway Drainage District Overview Many years ago the State of WI created legislation for agricultural drainage districts. The State Statute (attached) is very old and not written well. The Dover Norway Drainage District benefits agricultural land which happens to be low land south of Muskego, Town of Norway and Dover. The Statute gives carte blanche authority to the district whereby it can annex upstream property into the district and tax them without intergovernmental agreement or elected representation of the taxed property owners in the district. Research I, Tom Zagar and resident Greg Burmeister attended a public hearing in October of 2012 in Sturtevant. The hearing was in regard to expanding the district to include Windlake properties. It was mentioned by the board members that they would eventually look to annex parts of Muskego and New Berlin. Of Muskego’s 8,918 properties, 6,507 (73%) could be annexed to the district as noted in the attached map. We’ve spent time researching this matter and there is very little we can do short of requesting the State change its antiquated legislation. Our State Representative Dave Craig and State Senator Lazich have been very helpful in providing the supporting materials attached hereto. In the interest of the 73% of our residents that could be annexed and forced to pay taxes I am proposing the following a resolution for Finance Committee approval to include the following. Proposed Resolution Items  Request amending State Statute to require an inter -governmental agreement per statute 66.03.  Require elected representation within drainage district (including existing district).  Request Town of Norway and City of New Berlin to adopt same resolution and submit to their respective State representative. COMMON COUNCIL – CITY OF MUSKEGO RESOLUTION #009-2014 RESOLUTION REQUESTING THE STATE LEGISLATURE SUPPORT CHANGES REGARDING DRAINAGE DISTRICTS WHEREAS, The Dover Norway Drainage District is purportedly a governmental entity theoretically charged with creating and organizing a drainage system to remove water across multiple parcels of land. Drainage districts were originally used mainly to control water flows in agricultural areas. As a creation under Wisconsin Statutes Chapter 88, state law provides that drainage board members are appointed by a court and have authority to levy assessments, obtain injunctions, hire specialists, borrow money, and construct and maintain district drains among other things, as described therein; and WHEREAS, While drainage board actions must comply with all provisions in Chapter 88 as well as rules promulgated by the Department of Agriculture, Trade and Consumer Protection, they are not elected by members of the district that are subject to taxation. The purpose of the laws has long since passed in urban and developing areas like Muskego, and the stated ability to levy taxes without representation is as strongly objectionable as any overreaching power of government can be, reminiscent of the battle cries of our founding fathers. First and foremost, there should be an intergovernmental agreement per State Statute 66.0301. Additionally, these districts with taxing authority as determined by the State of Wisconsin should not be without elected representation; and WHEREAS, A significant portion within the City of Muskego lies within the watershed that could be faced with annexation and taxation by the drainage district without elected representation. (See Map Attached) The City and its residents reserve all rights, and nothing herein is an admission that unchecked annexation and taxation would prevail, yet the enormity of the concern is clearly shown in the attached Map. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego urges the Wisconsin State Legislature to change the antiquated law to require elected representation in all drainage districts and require an intergovernmental agreement per State Statute 66.0301. BE IT FURTHER RESOLVED That the City of Muskego strongly encourages the Town of Norway/Wind Lake and the City of New Berlin to adopt a similar resolution to be submitted to their respective State representatives. DATED THIS DAY OF ____JANUARY_____, 2014. ___________________________ Mayor Kathy Chiaverotti Reso. #009-2014 Page 2 This is to certify that this is a true and accurate copy of Resolution #009 -2014 which was adopted by the Common Council of the City of Muskego. ____________________________ Clerk-Treasurer 1/2014jmb I MUSKEGO - WIND LAKE PRIORITY WATERSHED 0 1 2Miles Created By City of M uskego GIS Staff - 1/2014 MUSKEGO PROPERTY/WATERSHED STATISTICS 6538 - Properties Within Watershed*8949 - Properties Within City Limits* *Includes Condos and Commercial Properties Of Muskegos PropertiesAre Part of the Watershed 73.8% Open Water Watershed Boundary Non-Muskego Area LEGEND CITY OF MUSKEGO Staff Report to Finance/Common Council To: Finance Committee From: David Simpson, P.E., Director of Public Works/City Engineer Subject: Review of Advanced Disposal Services Western Horizontal Expansion Feasibility Report Date: January 17, 2014 In 2009, Veolia embarked on an expansion of the Emerald Park Landfill, which was deemed a Southwest Expansion. The City wanted to ensure that the expansion process was reviewed by technical experts to ensure the expansion was completed properly and within the existing host agreement parameters. This expansion is nearing completion and the new owners, Advanced Disposal Services, LLC has begun the process of another expansion. Advanced Disposal has submitted a feasibility report to the State DNR and to the City for review. I have asked JSA Engineers to provide the City with a proposal for the review of the document. The attached letter proposal from JSA will ensure that the City has a technical expert looking at the feasibility report to make sure we find all potential problems with the report. The estimated cost to review the report is $9,000, which will be paid for from the fund that has been set aside for these type of issues as part of the landfill agreement. Recommendation for Action by Council: Recommend approval of the proposal by JSA Engineers to review the Advanced Disposal Services Emerald Park Landfill Western Horizontal Expansion Plan Feasibility Report. January 16, 2014 David Simpson, P.E. City Engineer City of Muskego P. O. Box 749 Muskego, WI 53150-0749 Subject: Proposal to Review the 2014 ADSEPL Western Horizontal Expansion Plan Feasibility Report; January 2014 David Simpson, P.E.: JSA Civil Environmental Engineers (JSA) is pleased to present its proposal to review the Advanced Disposal Services Emerald park Landfill (ADSEPL) 2014 Western Horizontal Expansion Feasibility Report. Work Scope and Deliverable JSA will review the Feasibility Report and its supporting information with an eye to compliance with the NR 500 series of regulations that guide solid waste management and solid waste disposal; constructibility; operational issues inherent in the Feasibility Report and for consistency with the requirements of the Host Community Agreement and all applicable Local Ordinances. The deliverable for this work scope will be a report to the City of Muskego. JSA's experience is that there is always a potential for a Contested Case until our client tells us there is not. This causes concern for disclosures of all findings in the report. We have also found that transfer of the information in our findings and recommendations is more efficient and effective if we include a meeting with the client,. Additionally, these meetings are an opportunity to present information that may have been omitted in the written report. We recommend at a minimum two meetings, the first to present our report and the second to address the Wisconsin Department of Natural Resources (DNR) published review comments. As this is a Feasibility Report, there may be several requests from the DNR for additional information and at least one Addendum presented by 2014_0116 City of Muskego Western Expansion FR review.doc David Simpson, P.E. January 16, 2014 Page 2 of 2 ADSEPL; the final of which should be by or before January 2015. JSA will arrange for a meeting with the City of Muskego during the last week of February, this will be more than a month before the DNR releases an official comment document. The City should also be aware that there maybe other individuals and! or groups that will have comments during the public comment period. Budget Review of Feasibility studies, Plans of Operations, etc., are difficult assignments to estimate. We believe we have overcome this difficulty and maintained our client's ability to control budget by establishing a a not to exceed budget for the work. Our budget is based on estimates oflabor to review the Feasibility Report and comments made by the DNR. We are not providing a budget for the review of any ADSEPL Addendum to the Feasibility Report. Our experience suggests a budget of $9,000.00 for this work; this is also consistent with the budget for the 2009 Southwestern Expansion Feasibility Report. If the review can be completed for less than $9,000.00 the City of Muskego will be invoiced for only those hours actually expended in the review. Should the effort required be greater than that estimated or should additional assumptions be necessary, the City will be contacted, informed of the status of the project and the budget and advised of our estimate to complete the work. Only with concurrence from the City will JSA continue past an approved budget milestone. , Thank you f7COnBidering JSA Civil, Environmental Engineers; I . I / iff ]o-Wafter Spear,]r., SC, PE -President COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #010-2014 APPROVAL OF CONSULTANT SERVICES FOR REVIEW OF THE ADVANCED DISPOSAL SERVICES EMERALD PARK LANDFILL WESTERN HORIZONTAL EXPANSION FEASIBILITY REPORT WHEREAS, pursuant to s. 289.23, Wis. stats., Advanced Disposal Services LLC Emerald Park Landfill has filed a Feasibility Report with the Department of Natural Resources relating to a proposed expansion of the landfill facility; and WHEREAS, the City has determined that it is in the best interests of the City and its residents to retain the services of a qualified consultant to review the Feasibility Report and to provide information and recommendations to the City Engineer and Common Council; and WHEREAS, the Negotiated Agreement associated with the Emerald Park Landfill earmarks certain funds to be placed in a segregated “Landfill Fund” derived from the direct payments received of the operator to cover costs like those that would be involved in such a study; and WHEREAS, the Landfill Fund was established so that the City would always have money on hand, exclusive of tax dollars, for just this purpose; and WHEREAS, JSA Civil Environmental Engineers has submitted a proposal to review the Feasibility Report and the City Engineer has recommended approval of this proposal, and WHEREAS, the Finance Committee has reviewed the proposal and has recommended acceptance to Common Council, and NOW, THEREFORE, BE IT RESOLVED, That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby accept the proposal submitted by JSA Civil Environmental Engineers to review the Advanced Disposal Services LLC Emerald Park Western Horizontal Expansion Feasibility Report. BE IT FURTHER RESOLVED That the Mayor, in consultation with the City Engineer, will approve the expenditures as requested by JSA to complete the review. SPONSORED BY: FINANCE COMMITTEE DATED THIS _______ DAY OF _____________, 2014. This is to certify that this is a true and accurate copy of Resolution #010-2014 which was adopted by the Common Council of the City of Muskego. _________________________ Clerk-Treasurer CITY OF MUSKEGO Public Works Committee To: Public Works Committee From: David Simpson, P.E., Director of Public Works/City Engineer Subject: Approval to move forward with an appraisal and application for a Municipal Flood Control Grant for potential acquisition and demolition of S76 W18109 Janesville Road. Date: January 17, 2014 City staff has been working to locate grant opportunities to provide assistance for flood prone properties in Muskego. The opportunity to apply for Municipal Flood Control Grant has now become available to the City. I have looked at flood prone properties in Muskego as to how they relate to the necessary requirements set forth in the application materials for the Grant. Only one property appears to meet the requirements of the grant and have the necessary documentation to move forward with a grant application. The home at S76 W18109 Janesville Road has experienced some of the worst flooding in Muskego. I have attached a few pictures of the 2008 flood event to put some perspective on the severity. This grant opportunity would provide 70% of the funding necessary to acquire and demolish the home leaving a local match of 30%. The grant application deadline is March 17th, 2014. The attached resolution is necessary so that the WDNR knows that the community is behind the application and serious about committing the necessary funds. The total estimated project cost is $168,000.00, which would place our City’s share at approximately $50,000.00. Clear water inflow to our sanitary system would be eliminated from this property should we acquire and demolish it. The local cost share may also be offset somewhat by utilization of MMSD PPII Reduction funds. A very similar circumstance occurred in another community and the MMSD allocated $12,000.00 toward the project, which would reduce our share to $38,000. Also, the DNR may allow us to utilize City staff to complete the demolition and apply our City labor and equipment rates to offset our match which would reduce our match even further. The only money we must expend at this time is the procurement of an appraisal that meets State requirements, which will cost approximately $2,500-$3,000. Recommendation for Action: Recommend Authorizing the Submittal of a Municipal Flood Control Grant Application for Acquisition & Demolition of S76 W18109 Janesville Road per the attached resolution including authorization to move ahead with the appraisal process. COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #011-2014 RESOLUTION AUTHORIZING THE SUBMITTAL OF A STATE GRANT APPLICATION AND SUBSEQUENT APPROPRIATION OF CITY FUNDS FOR A MUNICIPAL FLOOD CONTROL GRANT PROJECT AT S76 W18109 JANESVILLE ROAD WHEREAS the City of Muskego has, in the past, been approached by the property owners of S76 W18109 Janesville Road regarding the repeated flooding of their home, which is located within the City of Muskego’s 100 year floodplain; and, WHEREAS a state grant opportunity has arisen that may allow for the purchase and demolition of the home; and, WHEREAS the City is qualified, willing and able to carry out all activities described in the state grant application; and, WHEREAS in this action the City of Muskego has declared its intent to conduct the Municipal Flood Control Grant project described in the application if awarded; and, WHEREAS City of Muskego will allow employees from the Department of Natural Resources access to inspect grant project sites; and, WHEREAS City of Muskego will maintain records documenting all expenditures made during the Municipal Flood Control Grant project; and, WHEREAS City of Muskego will submit a final report to the Department which describes all Municipal Flood Control Grant project activities, achievements and data collected, and documentation of the project costs. IT IS THEREFORE RESOLVED THAT: The City of Muskego Common Council requests the funds and assistance available from the Wisconsin Department of Natural Resources under the Municipal Flood Control Grant Program and will comply with state rules for the program, and, HEREBY AUTHORIZES the Mayor to act on behalf of the City of Muskego to submit an application to the State of Wisconsin for financial aid for Municipal Flood Control protection purposes, sign documents, and take necessary action to undertake, direct, and complete an approved flood control project. DATED THIS DAY OF , 2014 Reso. #011-2014 2 SPONSORED BY PUBLIC WORKS COMMITTEE This is to certify that this is a true and accurate copy of Resolution #011-2014 which was adopted by the Common Council of the City of Muskego. ___________________________ Clerk-Treasurer CITY OF MUSKEGO Public Works Committee To: Public Works Committee From: David Simpson, P.E., Director of Public Works/City Engineer Subject: Review deferred assessment policies for construction of sanitary sewers and water mains related to creating a sunset on annual interest accruement Date: January 15, 2014 Currently, the City has policies in place that guide the assessment of sanitary sewer and water main improvements. These policies dictate how assessments will be levied, including deferred assessments. Deferred assessments are used to allow property owners that own land that is sub-dividable, an opportunity to choose when or if they would like to subdivide their property. The deferred assessment is placed on the conjectural portion of the land that might someday be developed and will only become due if the land is subdivided. If the entire front footage of a property were to be assessed at the time of installation, an owner might be forced to sell or subdivide their property when they had no intention of doing so. The City’s assessment policies currently have no sunset for the accrual of interest. This may create an assessment so large that owners will never be able to divide their property if they so wished. The Finance Director has looked at the policy and feels that a sunset of twenty five years would be reasonable. The City currently has approximately 30 deferred sanitary sewer assessments ranging from 1-22 years old and approximately 12 deferred water main assessments ranging from 1 7-26 years old. Both policies are attached with a redline shown on page 6 of each policy that states “All deferred assessments will accrue interest for a maximum of twenty five (25) years.” Recommendation for Action: Recommend amending both the sanitary sewer and water main assessment policies to state that “All deferred assessments will accrue interest for a maximum of twenty five (25) years.” and apply this policy to all past and future deferred assessments. COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #012-2014 RESOLUTION AMENDING THE ASSESSMENT POLICY FOR CONSTRUCTION OF SANITARY SEWERS WHEREAS, Previous assessment resolutions allowed the City to periodically review interest rates on deferred assessments; and WHEREAS, The City’s current assessment policy has no sunset for the accrual of interest on deferred assessments; and WHEREAS, The City Engineer and Public Works Committee have reviewed the interest rates and recommend that the existing assessment pol icy be amended to reflect that the interest rate will be zero at year 25 for all future deferred assessments; and WHEREAS, The City’s intention is to review all existing deferred assessments at year 25 and lower the accruing interest to zero percent at the 25th year; NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Public Works Committee, does hereby amend the Assessment Policy for Construction of Sanitary Sewers, as attached, to reflect that the interest rate will be zero at year 25 for all future deferred assessments. BE IT FURTHER RESOLVED That the City intends to review all deferred assessments after the 25th year of commencement of each assessment resolution and lower the interest rate thereafter to zero percent. DATED THIS ____ DAY OF _______ , 2014. SPONSORED BY: PUBLIC WORKS COMMITTEE This is to certify that this is a true and accurate copy of Resolution #012-2014 which was adopted by the Common Council of the City of Muskego. ________________________________ Clerk-Treasurer 1/2014jmb 150 ft. POLICY AS AMENDED CITY OF MUSKEGO ASSESSMENT POLICY FOR CONSTRUCTION OF SANITARY SEWERS 1. The basis for sewer assessment shall be the assessable linear footage of frontage, and in the case of undeveloped or developed residential property, unit assessment or a combination of both, of each benefited property within an assessment district, computed as per the following requirements. If a unit assessment is used in whole or in part, see definition of unit in Section 3.5. 2. Sewer assessable and non-assessable costs: A. The front foot assessment for residential, commercial and industrial zoned properties shall be based on the minimum size sewer required to serve the respective assessment district and at a depth necessary to drain (or service) all of the properties within the assessment district. Sewers in public right-of-ways and within easements shall be assessed back to the respective assessment district as directed by the City depending on the nature of the easement sewers (the reasons for obtain ing the easements.) B. Assessable sewer costs shall include the total costs for the sewer mains, manholes and risers. Costs involving inspection, engineering, legal, restoration costs such as pavement replacement and pavement patching and the necessary administration costs to complete a project shall also be assessed back to the respective assessment district. C. Non-assessable costs shall include those costs for sewer tunneling, jacking of sewer in liner pipe and concrete encasement of sewers, sewage li ft stations, force mains, extra depth and oversized sewers. 3. The assessable linear footage shall be determined as follows: A. For Corner lots: (1) If a lot abuts two streets, add the two side dimensions and divide by two. B. On lots with frontage on three streets - use the longest and shortest side and compute as a corner lot. C. On lots with frontage on two streets - use frontage on one street only if the lot cannot be subdivided into an additional lot or lots complying with the Comprehensive Land Use Plan. D. For lots on cul-de-sacs, use the chord dimension at the building set-back line as measured tangent to the curve at its mid-point, if said set-back line is formed by a curved line. Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 2 E. For lots on curves with an exterior angle over 45 as measu red between the side lot lines of each lot, use the chord dimension at the building set -back line for the inside lots on the curve. F. On large tracts of land which are on corners - assume a future corner lot that complies with the Comprehensive Land Use Plan and apply the corner lot policy. The balance of the frontage shall be considered at full linear footage. G. Lots which do not meet the above criteria will be handled on an individual basis; as each special situation is decided, it will become policy for future decisions of a similar nature. H. Floodplain, lowland conservancy and wetlands shall be exempt from assessments except in the event that there is an existing use in such areas that receives a benefit from the proposed improvement. The maxim um assessable lineal frontage shall be determined as in Section 5 below. I. Assessable frontage costs shall be determined as in Section 2 above divided by the total available assessable frontage as detailed in Section 5 below. 3.5 The assessable unit method may be utilized when it is determined that the usage of units is a method which best distributes the cost of the project. The unit shall be defined as parcel of land as determined by the Comprehensive Land Use Plan that correlates to the future use of the parcel. Unit(s) shall be determined as follows: A. Existing non-divisible parcels of land under current or future zoning as described in 3.5 above. B. Existing large parcels of land that may be divisible into additional parcels based on future zoning as described in 3.5 above. Proposed improvements shall abut any future parcels in order to receive a benefit (i.e. internal future parcels not abutting an improvement may not be assessed). C. For parcels that abut two or more streets, a unit assessmen t may only be levied on those existing or future parcels that abut the proposed improvements. 4. Sewer laterals will be assessed back to each respective property for the entire expense on a unit or lump sum basis when installed within streets. A. In the event that sewer mains are extended to serve new development and that the length of the sewer laterals for the development creates a higher than normal cost for existing parcels, the development shall be assessed for the additional costs of the laterals. These costs shall be based upon a unit or lump sum basis for each lot to be developed. This policy shall apply when the development causes the installation of longer than normal laterals in cul-de-sacs or in areas where the cost of sewer lateral service to the Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 3 parcels to be developed is greater than 10 per cent of the average cost of all sewer laterals for the project. 5. Assessment and Payment of Assessments. A. Each parcel being assessed is responsible for the payment in the manner set forth in (1) below to a maximum of 150 feet, or the number of front feet of the parcel whichever is less, plus the costs of all laterals (except in the case of a developed parcel if the minimum lot width required by the Comprehensive Land Use Plan for said use is larger t han 150 front feet, then the larger amount), or If a parcel has a frontage of 2 times or more the minimum lot width and area as required by the City's Zoning Ordinance, the frontage shall be computed by using the frontage of the entire parcel, or If the lot width of a parcel is in excess of 150 lineal feet but less than 2 times the minimum lot width and area with respect to the Comprehensive Land Use Plan, the excess frontage would not be included in the assessment computation and is not assessed. If a unit assessment is used in whole or in part, this subsection 5. A. shall apply as far as applicable in determining the number of units to be assessed. (1) The assessments due pursuant to Paragraph 5 of this Policy may be paid in cash in full on or before the first November 1st after the date of the Final Assessment Resolution or in ten (10) annual installments of principal together with twelve (12) months interest per installment to the City Treasurer, installment payments to bear interest at the rate established in the Final Assessment Resolution on the unpaid balance commencing on November 1st and said first installment being due on the date when real estate taxes are due and annually thereof. All assessments or installments which are not paid by the date specified shall be extended upon the tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as other wise provided by statute. (2) If a land division is made, and the nondeferred assessment is part of the land division, then said assessment and all of the remaining lateral assessment charges shall be immediately due and payable in full and if not paid by the first November 1st after the division, the front feet and applicable laterals shall be placed on the tax roll, plus interest through January 31st. If there is an unusual situation as to the calculation of an assessment, the applicable committee of the Common Council may make reasonable exceptions to the above requirements to address said unusual situation. Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 4 B. The remainder of said assessment is deferred as stated in Paragraph 6. C. If the entire property is sold, without division, the assessment le vied on the property to the extent of 150 front feet, except in the case of a developed parcel if the minimum lot width required by the Comprehensive Land Use Plan for said use is larger than 150 front feet, then the larger amount or the number of front feet of the parcel, whichever is less, plus the costs of all laterals may remain on the payment plan; and any remainder of said assessment which is deferred, may continue to be deferred. 6. Payment of Deferred Assessments. A. That portion of the assessments not being paid pursuant to Paragraph 5 of this Policy shall be deferred. Deferrals shall end upon any use being made of any portion of the property in question (use specifically including land division at the time of City signatures on the document crea ting the land division) and the responsibility for payment of the assessment shall apply to all of the property subject to the deferral. (1) All deferred assessments shall bear interest at the rate established in the Final Assessment Resolution on the unpaid balance from the first November 1st after the date of the Final Assessment Resolution and until payment in full. When the deferral of an assessment ends, upon a use being made of any portion of the property in question, said assessment shall be paid in cash in full. Evidence of use shall include but not be limited to a permit for such a use being issued, or in a case of a land division the City affixing signatures on the document creating the land division. As an alternative, the City, at its sole option, may negotiate with a property owner having an assessment come due, an agreement by which the assessment or a portion thereof may be further deferred when the Common Council determines that additional deferrals would be just and equitable under the particu lar circumstances. To be considered for an additional deferral, the assessable front footage of the property shall be a minimum of 500 ft. All assessments or installments which are not paid when due shall be extended upon the tax roll as a delinquent tax against the property with interest through January 31st and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. A final assessment resolution may provide for commencement of interest on a deferred portion of an assessment at a later date than that date provided for in this paragraph if, in the final assessment resolution, a finding is made that it is impossible, based on a government restriction, for the specially benefited property to make use of the improvement within a reasonable time after adoption of the final assessment resolution. (2) If the City does negotiate with a property owner having a deferred Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 5 assessment come due to allow partial payment of a portion of the assessment, the following criteria shall be met. The City is under no obligation to negotiate further deferrals of any assessment. (a) The owners shall give the City satisfactory evidence of sole ownership of all of the ands in question and the right to divide such assessments as proposed. (b) The lands shall be divided and all appropriate documents making such division shall be filed and recorded. (c) The partial assessment shall be paid to the C ity by all the owners to satisfy the lien of assessment for the number of front feet and/or units and the laterals being sold, upon sale of said parcel, and if not paid, shall be placed on the tax roll as a delinquent tax against the property with interest through January 31st, and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. (d) The assessment on the remainder of the lands described in the agreement shall continue to be deferred, except for the portion of the assessment that was not deferred and the remainder of the laterals, which may continue on the 10 year payment plan. However, if the nondeferred assessment is part of the land division, then said assessment and all of the remaining lateral assessment charges shall be immediately due and payable in full and if not paid by the first November 1st after the division, the front feet and/or units and applicable laterals shall be placed on the tax roll, plus interest through January 31st. (e) The property owners shall waive all legal notices required to amend or change special assessments and agree to the amended assessment without further action by the City. (f) If a land division or land divisions are made and more than 50% of the assessable frontage and/or units of the original parcel is sold, the balance will become due and payable in full, and if not paid by the first November 1st after the sale, the front feet and applicable laterals shall be placed on the tax roll, plus interest through January 31st. The original non-deferred assessment and one lateral may remain on the payment plan only if said lands are not part of the land division. (g) The property owners shall be liable for all costs associated with the pro-ration. Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 6 (3) Any assessment deferred pursuant to this policy may nevertheless be prepaid upon the same terms as installment assessments are allowed to be prepaid and as provided for in the Final Assessment Resolution. (4) Any deferred assessment on property that has not been divided may be placed on the 10 year payment plan upon request of the owner(s) of the property at any time. (5) As to deferred assessments not on a payment plan, the City will accept partial payments in the minimum amount of $5000, unless otherwise designated by the Public Utilities Committee but in no event less than $1000. The partial payment or payments will be applied first to interest and then to principal due on the date of the partial payment or payments as of the date said payment or payments are received. (6) Interest rates on deferred assessments may be reviewed every five (5) years. (7) All deferred assessments will accrue interest for a maximum of twenty five (25) years. 7. Hardship Policy: A. If the Common Council or its duly authorized committee or representative determines that it would constitute an undue hardship for a person or persons owning an owner-occupied non-dividable residential property affected by a special assessment made pursuant to this assessment policy who has qualified for hardship status (as defined later in this policy) to pay an assessment as set forth above, it may allow said assessment to be paid as follows: (1) The entire assessment would be deferred and not be due and payable and no interest would accrue until a use of the improvement is made. Once a use of the improvement is made, the entire assessment is due and payable subject to Paragraph 2 below. Interest shall be charge d commencing with the first November 1st after use of the improvement is made. The interest to be charged after a use is made is the interest rate as established in the final assessment resolution; and (2) The owner may elect to pay the entire assessment on their entire property pursuant to Section 5 of this policy once a use of the improvement is made or the assessment will be payable in 19 annual installments with an interest rate as established in the final assessment resolution during the period of hardship. If a property owner no longer qualifies for hardship status, then the entire remaining assessment including interest shall be due as follows: In full or at owner's election in annual installments of principal and interest as set forth in the non-hardship sections of the assessment policy stated above for a number of years which is in proportion to the amount of principal which is left to be paid based upon a 10 year Assessment Policy for Construction of Sewer Mains (150 ft.Policy) Page 7 payment plan. For example: If one-half of the principal remains due at the end of the hardship status, the remaining principal and interest would be paid in 5 annual installments. B. Hardship Status: (1) As to each special assessment subject to this policy, the Notice of Public Hearing shall contain a notice that property owners may be qualified for hardship status which will allow for different payments of the assessment and shall indicate a time by which persons must apply and be determined to qualify for said hardship status. A person or persons once qualified must requalify annu ally by making a new application each succeeding year on or before the 1st day of May each succeeding year. If a person or persons does not initially qualify or fails to qualify each year, the hardship status terminates and cannot be renewed. Hardship status as to an assessment is personal to the person or persons owning the property at the time of the initial assessment and cannot be transferred to a new owner. (2) Qualifications for Hardship Status: Individuals or Families with an annual income not in excess of 50% of the gross median family income for Waukesha County with adjustments for family size, shall be qualified for hardship status by the Common Council, committee or representative making said determination following Rules and Regulations as the City may from time to time direct. daf MASTER:ASSMTPOL.SWR Adopted by Resolution 23-94 1/25/94 Amended by Resolution 47-95 3/28/95 Amended by Resolution 104-95 5/9/95 Amended by Resolution 12-96 1/23/96 Amended by Resolution 283-97 12/09/97 Amended by Resolution 235-98 1/26/99 Amended by Resolution 120-2000 5/23/00 Amended by Resolution ___-2014 CITY OF MUSKEGO Public Works Committee To: Public Works Committee From: David Simpson, P.E., Director of Public Works/City Engineer Subject: Review deferred assessment policies for construction of sanitary sewers and water mains related to creating a sunset on annual interest accruement Date: January 15, 2014 Currently, the City has policies in place that guide the assessment of sanitary sewer and water main improvements. These policies dictate how assessments will be levied, including deferred assessments. Deferred assessments are used to allow property owners that own land that is sub-dividable, an opportunity to choose when or if they would like to subdivide their property. The deferred assessment is placed on the conjectural portion of the land that might someday be developed and will only become due if the land is subdivided. If the entire front footage of a property were to be assessed at the time of installation, an owner might be forced to sell or subdivide their property when they had no intention of doing so. The City’s assessment policies currently have no sunset for the accrual of interest. This may create an assessment so large that owners will never be able to divide their property if they so wished. The Finance Director has looked at the policy and feels that a sunset of twenty five years would be reasonable. The City currently has approximately 30 deferred sanitary sewer assessments ranging from 1-22 years old and approximately 12 deferred water main assessments ranging from 1 7-26 years old. Both policies are attached with a redline shown on page 6 of each policy that states “All deferred assessments will accrue interest for a maximum of twenty five (25) years.” Recommendation for Action: Recommend amending both the sanitary sewer and water main assessment policies to state that “All deferred assessments will accrue interest for a maximum of twenty five (25) years.” and apply this policy to all past and future deferred assessments. COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #013-2014 RESOLUTION AMENDING THE ASSESSMENT POLICY FOR CONSTRUCTION OF WATER MAINS WHEREAS, Previous assessment resolutions allowed the City to periodically review interest rates on deferred assessments; and WHEREAS, The City’s current assessment policy has no sunset for the accrual of interest on deferred assessments; and WHEREAS, The City Engineer and Public Works Committee have reviewed the interest rates and recommend that the existing assessment pol icy be amended to reflect that the interest rate will be zero at year 25 for all future deferred assessments; and WHEREAS, The City’s intention is to review all existing deferred assessments at year 25 and lower the accruing interest to zero percent at the 25th year; NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Public Works Committee, does hereby amend the Assessment Policy for Construction of Water Mains, as attached, to reflect that the interest rate will be zero at year 25 for all future deferred assessments. BE IT FURTHER RESOLVED That the City intends to review all deferred assessments after the 25th year of commencement of each assessment resolution and lower the interest rate thereafter to zero percent. DATED THIS ____ DAY OF _______ , 2014. SPONSORED BY: PUBLIC WORKS COMMITTEE This is to certify that this is a true and accurate copy of Resolution #013-2014 which was adopted by the Common Council o f the City of Muskego. ________________________________ Clerk-Treasurer 1/2014jmb 150 ft. POLICY AS AMENDED CITY OF MUSKEGO ASSESSMENT POLICY FOR CONSTRUCTION OF WATER MAINS 1. The basis for water main assessments shall be the assessable linear footage of frontage, and in the case of undeveloped or developed residential property, unit assessment or a combination of both, of each benefited property within an assessment district, computed as per the following requirements. If a unit assessment is used in whole or in part, see definition of unit in Section 3.5. 2. Water main and appurtenances assessable and non-assessable costs. A. The front foot assessment for residential, commercial and industrial zoned properties shall be based on the equivalent size water main required to serve the respective assessment district in accordance with Sections NR 111 AND PSC 185 Wisconsin Administrative Code to service all properties within the assessment district. The assessment rates shall be as determined from time to time by the Public Utilities Committee and accepted by the Common Council, unless actual cost per linear foot of frontage is less, then the assessment shall be the lessor amount. Water mains in public right-of-ways and within easements shall be assessed back to the respective assessment district as directed by the City. B. Assessable water main costs shall include the total costs for water mains, valves, and hydrants. Costs involving inspection, engineering, legal, restoration costs such as pavement repair and landscaping and necessary administration costs to complete a project shall also be assessed back to the respective assessment district. C. Non-assessable costs with respect to frontage assessments include main oversizing, pump stations, pressure booster stations for area -wide pressure improvements as required by state agencies, and related appurtenances, water towers, reservoirs, system controls, pressure reducing valves, pressure reducing stations and wells. D. Individual pressure booster system for individual residences are to be paid for by the property which is served by the individual system. 3. The assessable linear footage shall be determined as follows: A. For corner lots: (1) If a lot abuts two streets, add the two side dimensions and divide by two. B. On lots with frontage on three streets, use the longest and short est side and compute as a corner lot. Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 2 C. On lots with frontage on two streets, use frontage on one street only if the lot cannot be subdivided into an additional lot or lots complying with the Comprehensive Land Use Plan. D. For lots on cul-de-sacs, use the chord dimension at the building setback line as measured tangent to the curve as its mid -point, if said setback line is formed by a curved line. E. For lots on curves with an exterior angle over 45 as measured between the side lot lines of each lot, use the chord dimension at the building setback line for the inside lots on the curve. F. On large tracts of land which are on corners, assume a future corner lot that complies with the Comprehensive Land Use Plan and apply the corner lot policy. The balance of the frontage shall be considered at full linear footage. G. Lots which do not meet the above criteria will be handled on an individual basis; as each special situation is decided, it will become policy for future decisions of a similar nature. H. Floodplain, low land conservancy and wetlands shall be exempt from assessments except in the event that there is an existing use in such areas that receives a benefit from the proposed improvement. The maximum assessable lineal frontage shall be determ ined as in Section 5 below. I. Assessable frontage costs shall be determined as in Section 2 above divided by the total available assessable frontage as detailed in Section 5 below. 3.5 The assessable unit method may be utilized when it is determined tha t the usage of units is a method which best distributes the cost of the project. The unit shall be defined as parcel of land as determined by the Comprehensive Land Use Plan that correlates to the future use of the parcel. Unit(s) shall be determined as follows: A. Existing non-divisible parcels of land under current or future zoning as described in 3.5 above. B. Existing large parcels of land that may be divisible into additional parcels based on future zoning as described in 3.5 above. Proposed improvements shall abut any future parcels in order to receive a benefit (i.e. internal future parcels not abutting an improvement may not be assessed). C. For parcels that abut two or more streets, a unit assessment may only be levied on those existing or future parcels that abut the proposed improvements. 4. Water laterals will be assessed back to each respective property for the entire Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 3 expense on a unit or lump sum basis when installed within streets. A. In the event that water mains are extended to serve new development and that the length of the water laterals for the development creates a higher than normal cost for existing parcels, the development shall be assessed for the additional costs of the laterals. These costs shall be based upon a unit or lump sum basis for each lot to be developed. This policy shall apply when the development causes the installation of longer than normal laterals in cul-de-sacs or in areas where the cost of water lateral service to the parcels to be developed is greater than 10 per cent of the average cost of all water laterals for the project. 5. Assessment and Payment of Assessments. A. Each parcel being assessed is responsible for the payment in the manner set forth in (1) below to a maximum of 150 feet, or the number of front feet of the parcel whichever is less, plus the costs of all laterals (except in the case of a developed parcel if the minimum lot width required by the Comprehensive Land Use Plan for said use is larger than 150 front feet, then the larger amount), or If a parcel has a frontage of 2 times or more the minimum lot width and area as required by the City's Zoning Ordinance, the frontage shall be computed by using the frontage of the entire parcel, or If the lot width of a parcel is in excess of 150 lin eal feet but less than 2 times the minimum lot width and area with respect to the Comprehensive Land Use Plan, the excess frontage would not be included in the assessment computation and is not assessed. If a unit assessment is used in whole or in part, t his subsection 5.A. shall apply as far as applicable in determining the number of units to be assessed. (1) The assessments due pursuant to Paragraph 5 of this Policy may be paid in cash in full on or before the first November 1st after the date of the Final Assessment Resolution or in ten (10) annual installments of principal together with twelve (12) months interest per installment to the City Treasurer, installment payments to bear interest at the rate established in the Final Assessment Resolution on the unpaid balance commencing on November 1st and said first installment being due on the date when real estate taxes are due and annually thereof. All assessments or installments which are not paid by the date specified shall be extended upon the tax rol l as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. (2) If a land division is made, and the nondeferred assessment is part of Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 4 the land division, then said assessment and all of the remaining lateral assessment charges shall be immediately due and payable in full and if not paid by the first November 1st after the division, t he front feet and applicable laterals shall be placed on the tax roll, plus interest through January 31st. If there is an unusual situation as to the calculation of an assessment, the applicable committee of the Common Council may make reasonable exceptions to the above requirements to address said unusual situation. B. The remainder of said assessment is deferred as stated in Paragraph 6. C. If the entire property is sold, without division, the assessment levied on the property to the extent of 150 front feet, except in the case of a developed parcel if the minimum lot width required by the Comprehensive Land Use Plan for said use is larger than 150 front feet, then the larger amount or the number of front feet of the parcel, whichever is less, plus the costs of all laterals may remain on the payment plan; and any remainder of said assessment which is deferred, may continue to be deferred. 6. Payment of Deferred Assessments A. That portion of the assessments not being paid pursuant to Paragraph 5 of this Policy shall be deferred. Deferrals shall end upon any use being made of any portion of the property in question (use specifically including land division at the time of City signatures on the document creating the land division) and the responsibility for payment of the assessment shall apply to all of the property subject to the deferral. (1) All deferred assessments shall bear interest at the rate established in the Final Assessment Resolution on the unpaid balance from the first November 1st after the date of the Final Assessment Resolution and until payment in full. When the deferral of an assessment ends, upon a use being made of any portion of the property in question, said assessment shall be paid in cash in full. Evidence of use shall include but not be limited to a permit for such a use being issued, or in a case of a land division the City affixing signatures on the document creating the land division. As an alternative, the City, at its sole option, may negotiate with a property owner having an assessment come due, an agreement by which the assessment or a portion thereof may be further deferred when the Common Council determines that additional deferrals would be just and equitable under the particular circumstances. To be considered for an additional deferral, the assessable front footage of the property shall be a minimum of 500 ft. All assessments or installments which are not paid when due shall be extended upon the tax roll as a delinquent tax against the property with interest throug h January 31st and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 5 A final assessment resolution may provide for commencement of interest on a deferred portion of an assessment at a later date than that date provided for in this paragraph if, in the final assessment resolution, a finding is made that it is impossible, based on a government restriction, for the specially benefited property to make use of the improvement within a reasonable time after adoption of the final assessment resolution. (2) If the City does negotiate with a property owner having a deferred assessment come due to allow partial payment of a por tion of the assessment, the following criteria shall be met. The City is under no obligation to negotiate further deferrals of any assessment. (a) The owners shall give the City satisfactory evidence of sole ownership of all of the lands in question and the right to divide such assessments as proposed. (b) The lands shall be divided and all appropriate documents making such division shall be filed and recorded. (c) The partial assessment shall be paid to the City by all the owners to satisfy the lien of assessment for the number of front feet and/or units and the laterals being sold, upon sale of said parcel, and if not paid, shall be placed on the tax roll as a delinquent tax against the property with interest through January 31st, and all proceedings in relation to the collection, return and sale of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by statute. (d) The assessment on the remainder of the lands described in the agreement shall continue to be deferred, except for the portion of the assessment that was not deferred and the remainder of the laterals, which may continue on the 10 year payment plan. However, if the nondeferred assessment is part of the land division, then said assessment and all of the remaining lateral assessment charges shall be immediately due and payable in full and if not paid by the first November 1st after the division, the front feet and/or units and applicable laterals shall be placed on the tax roll, plus interest through January 31st. (e) The property owners shall waive all legal notices required to amend or change special assessments and agree to the amended assessment without further action by the City. (f) If a land division or land divisions are made and more than 50% of the assessable frontage and/or units of the original parcel is sold, the balance will become due and payable in full, and if not paid by the first November 1st after the sale, the front feet and applicable laterals shall be place d on the Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 6 tax roll, plus interest through January 31st. The original non - deferred assessment and one lateral may remain on the payment plan only if said lands are not part of the land division. (g) The property owners shall be liable for all costs associa ted with the pro-ration. (3) Any assessment deferred pursuant to this policy may nevertheless be prepaid upon the same terms as installment assessments are allowed to be prepaid and as provided for in the Final Assessment Resolution. (4) Any deferred assessment on property that has not been divided may be placed on the 10 year payment plan upon request of the owner(s) of the property at any time. (5) As to deferred assessments not on a payment plan, the City will accept partial payments in the minim um amount of $5000, unless otherwise designated by the Public Utilities Committee but in no event less than $1,000. The partial payment or payments will be applied first to interest and then to principal due on the date of the partial payment or payments as of the date said payment or payments are received. (6) Interest rates on deferred assessments may be reviewed every five (5) years. (7) All deferred assessments will accrue interest for a maximum of twenty five (25) years. 7. Hardship Policy: A. If the Common Council or its duly authorized committee or representative determines that it would constitute an undue hardship for a person or persons owning an owner-occupied non-dividable residential property affected by a special assessment made pursuant to this assessment policy who has qualified for hardship status (as defined later in this policy) to pay an assessment as set forth above, it may allow said assessment to be paid as follows: (1) The entire assessment would be deferred and not be due and payable and no interest would accrue until a use of the improvement is made. Once a use of the improvement is made, the entire assessment is due and payable subject to Paragraph 2 below. Interest shall be charged commencing with the first November 1st after use of the improvement is made. The interest to be charged after a use is made is the interest rate as established in the final assessment resolution; and Assessment Policy for Construction of Water Mains (150 ft. Policy) Page - 7 (2) The owner may elect to pay the entire assessment on their entire property pursuant to Section 5 of this policy once a use of the improvement is made or the assessment will be payable in 19 annual installments with an interest rate as established in the final assessment resolution during the period of hardship. If a property owner no longer qualifies for hardship status, then the entire remaining assessment including interest shall be due as follows: In full or at owner's election in annual installments of principal and interest as set forth in the non -hardship sections of the assessment policy stated above for a number of years which is in proportion to the amount of principal which is left to be paid based upon a 10 year payment plan. For example: If one -half of the principal remains due at the end of the hardship status, the remaining principal and interest would be paid in 5 annual installments. B. Hardship Status: (1) As to each special assessment subject to this policy, the Notice of Public Hearing shall contain a notice that property owners may be qualified for hardship status which will allow for different payments of the assessment and shall indicate a time by which persons must apply and be determined to qualify for said hardship status. A person or persons once qualified must requalify annually by making a new application each succeeding year on or before the 1st day of May each succeeding year. If a person or persons does not initially qualify or fails to qualify each year, the hardship status terminates and cannot be renewed. Hardship status as to an assessment is personal to the person or persons owning the property at the time of the initial assessment and cannot be transferred to a new owner. (2) Qualifications for Hardship Status: Individuals or Families with an annual income not in excess of 50% of the gross median family income for Waukesha County with adjustments for family size, shall be qualified for hardship status by the Common Council, committee or representative making said determination following Rules and Regulations as the City may from time to time direct. daf MASTER:ASSMTPOL.WTR Adopted by Resolution #22-94 1/25/94 Amended by Resolution #46-95 3/28/95 Amended by Resolution #103-95 5/9/95 Amended by Resolution #13-96 1/23/96 Amended by Resolution #284-97 12/09/97 Amended by Resolution #236-98, 1/26/99 Amended by Resolution #121-2000 5/23/00 Amended by Resolution #___-2014 CITY OF MUSKEGO Public Works Committee To: Public Works Committee From: David Simpson, P.E., Director of Public Works/City Engineer Subject: Approval of an Intergovernmental Agreement between the MMSD and the City of Muskego for improvements near the McShane Pump Station. Date: January 17, 2014 The City’s main pump station (McShane Pump Station) discharges into a force main that travels straight west out of the City and then northeast in Franklin to a MMSD gravity interceptor sewer (see last page of attached agreement). The force main was constructed in 1984 and has never been inspected, mostly because the technology to inspect a force main while active is relatively new. The portion of the force main in the City of Muskego is owned by the City and the portion in Milwaukee County is owned by the MMSD. The MMSD would like to inspect their section of force main and have offered to inspect our portion as well. To inspect the force main an entry port must be install on the upstream end of the force main to allow for insertion of an inspection orb. The MMSD is willing to pay for the installation of the port and the cost of the inspection. Once installed we will own the port and be able to utilize it for any future inspection needs we may have. The attached Intergovernmental Agreement has been reviewed by the City Attorney and is approved as to form. Recommendation for Action: Recommend approval of the Intergovernmental Cooperation Agreement between the Milwaukee Metropolitan Sewerage District and the City of Muskego For the Franklin-Muskego Force Main Condition Assessment. COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #014-2014 APPROVAL OF INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE MILWAUKEE METROPOLITAN SEWERAGE DISTRICT AND THE CITY OF MUSKEGO FOR THE FRANKLIN-MUSKEGO FORCE MAIN CONDITION ASSESSMENT WHEREAS, The City Engineer and Public Works Committee have recommended the attached Intergovernmental Cooperation Agreement between the Milwaukee Metropolitan Sewerage District and the City of Muskego; and WHEREAS, The purpose of the Agreement is to establish responsibilities for assessing the condition of the Franklin-Muskego Force Main Sewer, including improvements at the McShane Pump Station to facilitate the assessment. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Public Works Committee, does hereby approve the Intergovernmental Cooperation Agreement between the Milwaukee Metropolitan Sewerage District and the City of Muskego for the Franklin-Muskego Force Main Condition Assessment. BE IT FURTHER RESOLVED That the Mayor is authorized to sign the agreement on behalf of the City upon consultation with the City Attorney. DATED THIS DAY OF , 2014 SPONSORED BY PUBLIC WORKS COMMITTEE This is to certify that this is a true and accurate copy of Resolution #014-2014 which was adopted by the Common Council of the City of Muskego. ___________________________ Clerk-Treasurer 1/2014jmb Intergovernmental Cooperation Agreement Franklin-Muskego Force Main Condition Assessment Page 1 of 6 Intergovernmental Cooperation Agreement between the Milwaukee Metropolitan Sewerage District and the City of Muskego For the Franklin-Muskego Force Main Condition Assessment 1. Parties This Intergovernmental Cooperation Agreement (Agreement) is made between the Milwaukee Metropolitan Sewerage District (District), acting through its Executive Director, and the City of Muskego (City), acting through its Mayor. 2. Purpose The purpose of this Agreement is to establish responsibilities for assessing the condition of the Franklin-Muskego Force Main Sewer, including improvements at the McShane Pump Station to facilitate the assessment. 3. Basis for this Agreement (A) The Franklin-Muskego Force Main Sewer (Force Main Sewer) is located in Muskego and Franklin. The McShane Pump Station (Pump Station) is at N139 S7536 Bluhm Drive, Muskego, and is the upstream terminus of the Force Main Sewer. Figure 1 shows the Pump Station and the Force Main Sewer. (B) The City owns and operates the Pump Station. (C) The City owns the portion of the Force Main Sewer in Muskego. The District owns the portion of the Force Main Sewer in Franklin. (D) The District constructed the Force Main Sewer in 1984. It is made from ductile iron. This type of pipe has the potential to corrode, causing weakness that could lead to failure. (E) Failure of the Force Main Sewer could cause a sanitary sewer overflow. To evaluate the risk of failure, the District wants to inspect the Force Main Sewer to determine its structural integrity. (F) The current design of the Force Main Sewer does not allow the insertion of inspection equipment. Intergovernmental Cooperation Agreement Franklin-Muskego Force Main Condition Assessment Page 2 of 6 4. Effective Dates This Agreement becomes effective on January 1, 2014, and terminates on July 1, 2014. Section 6(D) survives this termination. 5. District Responsibilities The District will: (A) design and construct a tapping sleeve, valve, and pipe extension to grade at the Pump Station to allow installation of the inspection device; (B) give the City an opportunity to comment upon the plans and specifications and the construction schedule for the Pump Station modifications; and no work shall commence unless and until such plans and specifications are approved by the City; (C) coordinate with the City to select a construction time during a low flow period that minimizes disruption of Pump Station operations; (D) notify the City of the proposed construction date at least two weeks in advance; (E) notify the City of the commencement of construction 24 hours in advance; (F) coordinate construction with operation of the pump station; (G) allow the City to inspect the work during construction; and all conditions contrary to approved plans and specifications identified by the City during such inspection must be corrected by the District to the City’s satisfaction; (H) comply with the City’s erosion control, traffic control, and any other relevant requirements during construction; (I) clean and restore the site after construction; (J) provide the City with as-built plans and specifications; (K) give the City an opportunity to comment upon the plans and schedule for inspection; (L) coordinate with the City to select an inspection time that minimizes disruption of Pump Station operations; (M) notify the City of the proposed inspection date at least two weeks in advance; (N) notify the City of the inspection 24 hours in advance; Intergovernmental Cooperation Agreement Franklin-Muskego Force Main Condition Assessment Page 3 of 6 (O) perform the inspection; (P) allow the City to observe the inspection; and all conditions contrary to the inspection plans identified by the City during such inspection must be corrected by the District to the City’s satisfaction; (Q) provide inspection results to the City; (R) provide project management, resident inspection, and resident engineering services during construction and inspection; and (S) fund all work necessary to complete construction and inspection. 6. City Responsibilities The City will: (A) allow the District to access the Pump Station as needed at no cost for construction and inspection; (B) operate the Pump Station as needed to accommodate construction; (C) own and maintain the sleeve, valve, and pipe extension after construction; and (D) allow the District to access the Pump Station as needed for future inspections, after notice to the City. 7. Modifying this Agreement Any modification to this Agreement will be in writing and signed by both Parties. 8. Severability If a court finds any part of this Agreement unenforceable, then the remainder of this Agreement continues in effect. 9. Applicable Law The laws of the State of Wisconsin apply to this Agreement. 10. Resolving Disputes If a dispute arises under this Agreement, then the Parties will try to resolve it with the help of a mutually acceptable mediator in Waukesha County. The Parties will equally share any costs and fees associated with the mediation, other than attorney fees. If the dispute is not resolved within Intergovernmental Cooperation Agreement Franklin-Muskego Force Main Condition Assessment Page 4 of 6 30 days after the Parties refer it to a mediator, then either Party may take the matter to court. Venue in any action brought under this Contract is proper only in either the Circuit Court for Waukesha County or the Federal District Court for Eastern Wisconsin. 11. Notices A. The District will send notices to: David Simpson, P.E., Director of Public Works City of Muskego W182 S8200 Racine Avenue Muskego, Wisconsin 53150 dsimpson@cityofmuskego.org B. The City will send notices to: Urbain Boudjou, Project Manager Milwaukee Metropolitan Sewerage District 260 West Seeboth Street Milwaukee, Wisconsin 53204-1446 uboudjou@mmsd.com 12. Conflict of Interest If an officer, employee, or agent of the District or the City exercises any function or responsibility in connection the services required by this Agreement, then this officer, employee, or agent may not have any direct or indirect interest in this Agreement. 13. Termination Either Party may terminate this Agreement at any time. To terminate this Agreement, a Party will provide written notice to the other Party. This notice will indicate the effective date of termination and the reasons for termination. 14. Independence of the Parties This Agreement does not create a partnership. Neither Party may enter into contracts on behalf of the other Party. 15. Authority of Signatories Each person signing this agreement certifies that the person is properly authorized by the Party’s governing body to execute this Agreement. Intergovernmental Cooperation Agreement Franklin-Muskego Force Main Condition Assessment Page 5 of 6 16. Indemnification The District shall indemnify and save harmless and agrees to accept tender of defense and to defend and pay any and all legal, accounting, consulting, engineering and other expenses relating to the defense of any claim asserted or imposed upon the City, its officers, agents, employees and independent contractors growing out of this Agreement, by any party or parties, except to the extent that the losses, claims, damages, or expenses are the result of the default, negligence, or misconduct by the City or its employees, officers, officials, agents or contractors. MILWAUKEE METROPOLITAN SEWERAGE DISTRICT CITY OF MUSKEGO By: __________________________________ By: _________________________________ Kevin L. Shafer, P.E. Executive Director Kathy Chiaverotti Mayor Date: _________________________________ Date: _______________________________ Approved as to form Approved as to Form ______________________________________ Attorney for the District _____________________________________ Attorney for the City Intergovernmental Cooperation Agreement Franklin-Muskego Force Main Condition Assessment Page 6 of 6 Figure 1 CITY OF MUSKEGO Staff Report to COW January 28, 2014 Meeting To: Common Council From: Jeff Muenkel, AICP Subject: Approval of Developer’s Agreement to Purchase City Owned Property (Former BP Gas Station Parcel) Date: January 22, 2014 Background Information: The Common Council approved taking ownership of the Former BP Gas Station parcel, on the SW corner of Lannon/Janesville late last year. Since that time the Council relegated development recommendations to the Community Development Authority. The CDA initially put out Request For Proposals (RFP) under a fairly quick timeline in which no development proposals were turned in. Since that time the parcel has been promoted to developers on a first come first serve basis under the same RFP. At the CDA’s Tuesday January 21st meeting a proposal was submitted by Mr. John Jewell to purchase the parcel, with various proposed incentives, to build a 4,288 SF retail/office structure on the corner. Please find the proposal information below that was presented and approved by the CDA. Staff will be on hand to discuss the proposal in more detail. As Council will see, the process would be to approve the developer’s agreement attached to the resolution tonight along with any more changes/contingencies. Approval of the resolution would pave the way for Mr. Jewell to start fulfilling his obligations towards a purchase and building of the proposal during 2014. Plan Commission approvals for BSO, Council approvals for a rezoning and possible loan would still be needed as well after tonight. Staff Recommendation: Approval. Staff believes that the proposal meets the obligations of the City’s Redevelopment District, Downtown Design Guide, and Tax Incremental District #8 goals as outlined in more detail below. Further, the ability to put a larger building than anticipated in the heart of the City’s new downtown in such a fast timeframe is a huge asset to the community. The development produces tax base quickly and will aid the redevelopment of the downtown and aid paying off the TIF in a faster timeline. More discussion may simply have to be had on how the incentives are worked out in which Council will see more detail on that below as well. Info from 1/21/14 CDA Supplement: Background Enclosed please find a proposal to purchase and develop the City owned former BP Gas Station parcel that the city now owns on the SW corner of Lannon Drive and Janesville Road. As the CDA may recall the city took purchase of this parcel late last year from Waukesha County under the terms that the city should not profit from the parcel or any profits would have to be turned over to the county. The Common Council has put the parcel in the care of the CDA to seek development proposals and to ultimately recommend a development proposal to the Council when an appropriate development comes in. This parcel is within the CDA’s Redevelopment District #2 as well as the City’s Tax Incremental Finance District #8 (TIF). Given that the parcel is in the TIF the city has TIF monies that we can work with to aid appropriate development as well as aid in any clean-up costs, costs in getting the parcel pad-ready, and costs in regards to needed grants/loans for a developer. The city’s main goal has been to get this parcel developed and back on the tax roll as soon as possible while assuring that any development meets the goals for the Redevelopment District and the future view of how we want the downtown to develop. Proposal The proposal tonight comes from Mr. John Jewell who owns a couple Muskego businesses at this time. Mr. Jewell full owner of Jewell Homes LLC and part owner of R & W Realty company. Both of these businesses currently operate out of the office building on Racine Avenue (across the street from Piggly Wiggly). Per the proposal it is Mr. Jewell’s intent to build a new 4,288 square foot structure situated up close to the corner of the property and have the parking behind. The building is shown to have up to three tenant spaces and Mr. Jewell is showing that the spaces are already spoken for in the form of moving Mr. Jewell’s current business office to one, moving Frenz Hair & Nail Salon (currently operating in the office building across from Piggly Wiggly as well) to one, and opening a spot for a new Muskego business called Destiny Chocolates. Architecture & Site Plan The building proposed is comprised of four sided architecture with over 50% masonry product used. The building is situated up close to Janesville Road with parking behind. The building is comprised of the following materials: dimensional asphalt shingles, smart board trim and siding, and cultured stone. The architecture of the building shows multiple variations in the rooflines and the various facades have altering depths. Window treatments are found on all sides of the building and variations in sizes of the windows present unique aspects. The building is designed to have focal points and high points in the facades along the Janesville Road and Lannon Drive sides. Overall, staff believes that the architecture does meet the local design guide fairly well and does recommend approval via the CDA and Council perspective. However, staff does see that Planning Commission may want to add a bit more detail to make the structure looking more commercial in nature. Such additions may include adding dormers over the business entrances supported by pillars, adding a couple more main bump outs on the west and south facades like we see on the north and east facades, possibly elongating the windows (with spandrel glass if needed) on the main bump out areas down to grade, and possibly adding more fake architectural soffit support elements (like we see in craftsmen/prairie architecture). Another idea would be to go to a metal roof if the developer would see financially fit. The building is situated on the site to maximize the property as the building shows setbacks from the front property lines of up to 10 feet. A rezoning to the City’s DR-1 Downtown Revival District would be required as part of this approval. Staff sees no issue with the allowance of this rezoning as long as the appropriate procedures are followed. The site is laid out to share cross access with the Jerome Drugs building property to the south. This shared access will aid in safety in not putting anymore burden of traffic on Lannon Drive. Further the cross access will allow more landscaping detail on the site to be included. The site has the appropriate widths and requirements for parking and fire access to the proposed structure. Some pf the parking areas are a bit closer to property lines than some ordinances allow, however, Planning Commission can waive these in certain circumstances. In the case of this parcel there will be cross access easements and shared maintenance areas with the property owner to the south. Area is shown for a refuse enclosure and for the appropriate needs for lighting. One unique note of the site plan is that the proposal shows the extension of the city’s pathway from Janesville Road connecting to their front entrance of the building. The city may have this trail extend further down Lannon Drive in the future and adding this to the proposed site plan helps the city in the future planning of this pathway. Easements for cross access and for the rec trail would be requirements of the future Planning Commission approval. The proposed landscape plan really brings this whole site plan together by providing ample foundation and perimeter plantings. One focal point of the landscape plan shows that the developer is looking to create an outdoor patio area for the tenants that would line up well with the city’s main downtown intersection of Janesville/Lannon. Creating areas where the public are viewed from passersby always help to provide a more vibrant and inviting downtown. Parcel Costs & Surety As mentioned, the city cannot make any profits on the sale of this parcel. The request for proposals simply stated that the city was interested in recouping their costs into purchasing the property ($2,500 purchase price from county, various environmental investigation costs, attorney fees, etc.). Staff estimates that the city has spent approximately $7,851.50 and envisions up to $2,000 more until a closing would occur for a total of approximately $10,000. Mr. Jewell has expressed that he would purchase the parcel for any costs the city has into the project at the time of his acquisition. Mr. Jewell would then deposit another $20,000 with the city that the city would hold in escrow and be able to keep in the event Mr. Jewell defaults on the development. This would be written up in the developer’s agreement. Financials & Incentives When the city put this parcel out for development proposals it was well documented that the city would entertain taking care of possible development costs not normal to development of a pad-ready site. In regards to this site it was known that the site has possible contaminated soils leftover that may have to be remedied, at a cost, depending on what level of development is proposed. Further, remnant concrete from the foundations of the former gas station would need to be removed. Mr. Jewell, per the narrative, has run calculations and has found that he may require up to $8,380 for increased costs relating to removing contaminated soils and up to $600 for costs relating to removing old concrete foundations in order to get the site pad-ready. As part of the proposal Mr. Jewell would request that the city would pay for these costs as part of a developer’s agreement. The developer’s agreement outlines that the city would pay for these costs, via the existing TIF monies, up to those threshold amounts. We would essentially reimburse Mr. Jewell for those costs upon him providing paid invoices. UPDATE: Since the CDA meeting staff has conferred with Sigma Environmental which is the company the city hired to complete a final risk assessment on the property contamination before we took ownership for Waukesha County. We have found from Sigma, and Mr. Jewell has also confirmed with his bank, that the ability to get loans on a contaminated property such as this OR the ability to sell a new building that was built on a contaminated property such as this, is severely hampered without the addition of installing vapor intrusion devices at the time of building. Seeing that this also is cost of remediation the city intended to fund to put the parcel on the tax roll this amount has been added to the developer’s agreement. The new amount for remediation aid from the city would be not to exceed $15,000, which is basically adding another $6,020 onto the original $8,380 requested (based on quotes form Sigma Environmental). These numbers again are high thresholds and the City would only reimburse upon receiving paid invoices. It should be noted that Mr. Jewell’s family is part of a trucking business and the remediation costs requested are very low already compared to the projected costs the city anticipated having to pay based on the environmental reports the city had completed (City report from Sigma saw anywhere from $19,400-$79,030). Being that this parcel is in the City’s TIF District #8 it is also been a part of the City’s request for development proposals that the city would entertain developer requests for various financing in order to appropriately get the parcel developed and back on the tax roll. The city has been focusing on this area in the last year as the CDA and Council recently approved the low interest loan and grant for Delta Restaurant ($7,500 grant & $75,000 loan) late last year for exterior improvements. As part of Mr. Jewell’s proposed development we are seeing that the cost to construct around $350,000+. Mr. Jewell is looking for the city to be a partner in the form of the following financing mechanisms:  Provide up to $100,000 in a low interest loan. Such a loan would be in the same form that the city recently approved for Delta Restaurant and would be funded via the TIF 8 funds. Mr. Jewell is showing that he would finance another $180,000 from Citizen’s Bank, and then bring 20%-25% in owner’s equity to the table.  Provide $22,500 as a grant incentive. The city has our commercial grant program already in place and allowing these monies would be similar to that program. However, being in the TIF District allows us to redefine that program to how we’d like. In this case Mr. Jewell has found that sewer and water connection costs, based on the structure and tenants he is proposing, would accumulate to being around $7,500 for water and $15,000 for sewer. The grant would allow the uses as proposed and would fit into the definition of an economic incentive grant. Staff conservatively estimates that the proposed development will have an assessed value of $639,000. This would produce $10,000-$12,000+/year in taxes. As mentioned the CDA had a lengthy discussion on the possible incentives and if the requested amounts reflect the same values given in past situations. Staff will be prepared to share some of that past approved grant/loan data at the Council meeting if desired. In all, we can look at the proposed project in a couple ways but here is one main viewpoint:  The developer is paying for the city parcel costs to date  The developer is requesting up to $15,000 in remediation costs but those aren’t necessarily grants to the developer as the city anticipated paying for remediation costs in making the parcel pad-ready and using TIF monies to remediate.  The developer is requesting a $100,000 loan which would be paid back to the TIF and ultimately be used to aid in paying back the TIF.  Thus, the developer is truly seeking $22,500 in grant monies which he would use to cover various sewer/water costs. Based on the anticipated value being created, the $22,500 should be paid off by yearly tax base in possibly less than two years. $22,500 compared to $350,000 in project costs is a 15.6:1 ratio. Compare this to the anticipated $639,000 value created comes to a 28.4: 1 ratio. These ratios are well over our TIF guidelines which note an 8:1 ratio is desirable when it comes to TIF grant incentives versus value created. Staff sees this as a great investment knowing that many of the city’s small grants and loans we have approved in the past have not produced tax base generation and overall values like this project. Developer’s Agreement Below are some of the contingencies that are outlined in the developer’s agreement before Council:  Any development recommended by the CDA and approved by the Council would ultimately still need BSO approvals from the City’s Planning Commission.  A rezoning to DR-1 would need to occur and would have to be submitted and followed thru by the developer.  The development would have to be built within 12 months following signing of the agreement.  The agreement outlines the incentives and parcel costs listed herein above. The loan would need separate Council resolution approval via the Council when ready.  The agreement has a form of surety for the city in that the city would hold some of the loan for the development and we would have a $20,000 deposit. Redevelopment District & Design Guide This area of the city is within the confines governed by the City’s Redevelopment District #2 and the Downtown Design Guide. The city was hoping to meet many of these principles in approving a future development for this parcel. The Redevelopment District #2 Guidelines include:  Enhance the image, profile, and use of downtown Muskego  Provide a new sense of place with a downtown identity  Demonstrate market driven principles that work within the economic landscape of Muskego  Provide the downtown area, and indeed the entire community, with an identity that adequately reflects the local quality of life and the affluence of City households  Promote the following types of uses: Design Character  Traditional town center/modern ‘main-street’  Buildings squarely facing the street  Buildings closer to street, parking behind  Pedestrian scale – walkable, accented storefronts  Taller building profiles – downtown centerpoint and landmark  Variable roof-lines  Transitional massing blending with surrounding architecture  Sense of place/downtown identity Use Mix  Possible upper end condos (professionals & ‘empty nesters’)  Destination and convenience retail (no ‘big boxes’)  Smaller floor plate retail  Shared parking  Multiple purpose trips  Convenience Density  Possible Mid-Rise heights: Somewhat higher than City norm  Built in consumer market for downtown businesses  Greater TIF revenues  More efficient public services/utilities  Interconnected activity centers  Downtown anchor and landmark The architecture and site planning proposed meets and exceeds the Downtown Design Guide in many ways. Per the guide:  Buildings are to be harmonious with their natural and built surroundings, avoiding repetition and monotony, utilizing materials which reflect a residential character, have four sided architecture, have 50% masonry product used, and the coloring of all brick, decorative masonry or stone shall be expressed as integral to the product and not painted on the surface of said product.  Colors are to be earth tones  Screening of any rooftop mechanicals and outdoor storage/refuse should be completed.  Parking areas should be screened if possible  Landscaping should be ample in around foundations and perimeters.  Signage should be designed in unity with the proposed building.  Cross access between properties should be accomplished if possible. COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #015-2014 RESOLUTION APPROVING THE SALE OF REAL PROPERTY AND SUPPORTING DEVELOPER’S AGREEMENT BY THE CITY OF MUSKEGO WHEREAS, as a part of Common Council direction the Community Development Authority (CDA) was to oversee various community development related items in the City’s Redevelopment District #2, including the development proposals for the city owned property found at Tax Key Number 2196.952 (the "Property"); and WHEREAS, the CDA recommends it to be necessary, desirable and in the best interest of the Property to Jewell Homes LLC (the "Developer"); WHEREAS, the Authority has submitted to this Common Council a developer’s agreement outlining the sale of the Property which includes the terms, conditions and other material provisions of the sale and is attached hereto as Exhibit A (the Report and Developer’s Agreement); WHEREAS, the Common Council deems it to be necessary, desirable and in the best interest of the City that the Property be sold to the Developer as described in the Report and Developer’s Agreement. NOW, THEREFORE, BE IT RESOLVED by the Common Council that the Developer Agreement with respect to the sale of the Property is approved. BE IT FURTHER RESOLVED that the sale and development is contingent on the developer receiving approval of a DR-1 rezoning from the City. BE IT FURTHER RESOLVED that the City Attorney is authorized to change the Developer’s Agreement as required and assemble the necessary closing documents relating to the sale. BE IT FURTHER RESOLVED that the Mayor and City Clerk, in cooperation with the City Attorney, are authorized to sign documents relating to the sale. DATED THIS __ DAY OF , 2014. SPONSORED BY: Community Development Authority Alderman Kevin Kubacki Alderman Robert Wolfe This is to certify that this is a true and accurate copy of Resolution #015-2014 which was adopted by the Common Council of the City of Muskego. ____________________________ Clerk-Treasurer DEVELOPMENT AGREEMENT Document Number Document Title Recording Area Name and Return Address City of Muskego P.O. Box 749 Muskego, WI 53150-0749 MSKC 2196.952 Parcel Identification Number (PIN) THIS DEVELOPMENT AGREEMENT is made and entered into as of the _____ day of ____, 2013, by and between Jewell Homes LLC (the "Developer") and the City of Muskego, a Wisconsin municipal corporation (the "City"). RECITALS: WHEREAS, the Developer is the proposed buyer of the real estate owned by the City of Muskego, basically described as Tax Key Number MSKC2196952 (the "City Property" or “the Property”); WHEREAS, the Developer currently contemplates developing (the “Development Project") the Property by constructing thereon a retail/office building containing approximately 8,653 total square feet (the "Building"); WHEREAS, Section 66.1105 of the Wisconsin Statutes (the "Tax Increment Law") provides the authority and establishes procedures by which the City may exercise powers necessary and convenient to carry out the purposes of the Tax Increment Law, cause project plans to be prepared, approve such plans, implement provisions and effectuate the purposes of such plans, and finance such development through the use of tax incremental financing; WHEREAS, on or about November 27, 2012, the Common Council of the City (the "Common Council") found that the properties located within the District were in need of development requiring developer incentives, public improvements, and adopted a resolution amending Tax Incremental District No. 8 (the "District"); WHEREAS, the Common Council also has approved the plan for the development of the properties located within the District (the "TIF Project Plan"); WHEREAS, the Property is located within the District, and the Common Council has determined that the Development Project is in accordance with the TIF Project Plan, and has authorized representatives of the City to negotiate and execute this Development Agreement with the Developer; 2 WHEREAS, this Development Agreement is intended to provide for certain duties and responsibilities of the Developer and the City relating to the development of the Property as described herein; WHEREAS, the City intends to reimburse the Developer for certain development and site improvement costs to the Property which the City has determined are needed for development of the Property in order to provide an incentive to the Developer which the City finds to be necessary to encourage the Developer to undertake the duties and responsibilities set forth herein; WHEREAS, the City believes that unless the City provides the incentives to the Developer described in this Development Agreement, the Developer will not undertake the development of the Property; and WHEREAS, the City has determined that the development of the Property pursuant to this Development Agreement and the fulfillment generally of the Development Agreement by the parties hereto are in the best interests of the City and its residents; will enhance the value of other properties in the City; will promote the orderly development of the Property in accordance with the master land use plan for growth and development adopted by the City; and are in accord with the public purposes and conditions of the applicable state and local laws and requirements under which the TIF Project Plan has been undertaken and is being carried out. AGREEMENT NOW, THEREFORE, in consideration of the Recitals, the covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: SECTION I. REPRESENTATIONS AND WARRANTIES OF THE DEVELOPER The Developer makes the following representations and warranties which the City may rely upon in entering into this and all other agreements with Developer and upon which the City may rely in granting all approvals, permits and licenses for the Development Project and in executing this Development Agreement and performing its obligations hereunder: 1. Developer is a duly organized and existing limited liability company in current status under the laws of the State of Wisconsin. 2. The execution, delivery and performance of this Development Agreement and the consummation of the transactions contemplated hereby have been duly authorized and approved by the Developer, and no other or further acts or proceedings of the Developer are necessary to authorize and approve the execution, delivery and performance of this Development Agreement and the matters contemplated hereby. This Development Agreement, and the exhibits, documents and instruments associated herewith and made a part hereof, have been duly executed and 3 delivered by the Developer and constitute the legal, valid and binding agreement and obligation of the Developer, enforceable against it in accordance with their respective terms, except as the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization or similar laws affecting the enforcement of creditors’ rights generally, and by general equitable principles. 3. There are no lawsuits filed or pending, or to the knowledge of Developer, threatened against Developer that may in any way affect the Property or jeopardize or materially and adversely affect the ability of the Developer to perform its obligations hereunder. 4. The Developer has at this time, and will have so long as this Development Agreement continues in effect, sufficient available equity and debt funding for the timely performance and completion of the Developer's obligations under this Development Agreement. 5. The Developer warrants, understands and acknowledges that notwithstanding the purchase of the City Property from the City of Muskego, the City may or may not issue any or all permits, approvals and consents required for the Development Project; and that the Development Project shall be subject to the usual permitting and approval process of the City. SECTION II. UNDERTAKINGS OF THE DEVELOPER A. Purchase of City Property. In the event the City approves the sale of the City Property to the Developer, the Developer shall purchase the City Property from the City in accordance with the terms and conditions approved by the Common Council. Said conditions include that the Developer pay $_______ at closing to cover the costs incurred by the City in initially buying and retaining the Property. The Developer acknowledges that in addition to all other conditions for the sale of the City Property, the sale of the City Property and the terms, conditions and other provisions of such sale must be approved by the City Attorney; that the sale must comply with all statutes, ordinances and other governmental requirements applicable to the sale of the City Property by the City; and that the redevelopment of the Property must comply with the redevelopment plan adopted by the City for that site as well as the TIF Project Plan. B. Obtain Approvals for Plans and Specifications. The Developer, at its cost and expense, shall: (i) submit all information, drawings, elevations, plans, specifications and other documents and information and all other matters required by the City, for approval of all plans for any and all demolition, soil remediation, improvements, construction and development of the Property in accordance with the normal practices and procedures of the City; and (ii) obtain all approvals necessary therefor within the earliest commercially reasonable time thereafter, and obtain all zoning and conditional use permits and other approvals for construction of and enter into any other and further additional development agreements with the City detailing the requirements for construction and development of the Property prior to the commencement of any construction activities. As part of any approval process, the City 4 may, in accordance with its normal permitting and zoning or conditional use grant process, impose such restrictions, covenants and obligations on the Developer as the City deems appropriate for the development, construction and use of the Property. The Developer agrees to pay all development, license, permit and other fees required by the State of Wisconsin, the City and all other applicable governmental entities, and will not in any way seek reimbursement from the City for the cost thereof. No buildings or improvements shall be constructed on or in the Property until the plans and specifications for such buildings and improvements have been granted final approval by the City; all necessary zoning and conditional use permits and approvals are obtained in accordance with the requirements of the City and the City ordinances; and the City and the Developer have entered into such further development and other agreements as the City deems necessary to detail the requirements for any and all demolition, remediation and construction on, and development of, the Property, and the obligations of the Developer with respect to the Development Project. C. Compliance with Codes, Plans and Specifications. The construction of the Building and other improvements constructed on and in the Property, and their uses, shall be in compliance with all applicable conditional use grants and zoning and other ordinances of the City; all other applicable laws, ordinances, regulations and requirements of all other governmental and quasi-governmental entities having jurisdiction over the Property; and with the pertinent provisions of the plans and specifications which have been approved by the City. The acceptance of this Development Agreement and granting of any and all approvals, zoning, conditional uses, licenses and permits by the City, in and of itself, shall not obligate the City to grant any variances, exceptions or further conditional use grants, or approve any building, any addition to the Building, or construction the City determines not to be in compliance with the City ordinances, or the requirements of any other applicable governmental authority. D. Erosion Control. The Developer shall comply with all grading, zoning, erosion and soil control requirements affecting the Property in accordance with all applicable, federal, state, county and municipal regulations, guidelines, specifications, laws, ordinances and permits affecting the Property or portion thereof. Without limiting the foregoing, the Developer shall take such action and shall utilize such techniques and mechanisms necessary to implement any erosion control plan required by the City and with the applicable provisions of any construction site maintenance and erosion control ordinances the City may now or hereafter have adopted, in order to prevent sediment from being deposited on the adjacent properties or on any public street or into adjacent wetlands and to prevent sediment from being washed into downstream drainage facilities. E. Protected Areas. The Developer shall be responsible for undertaking all steps and precautions as are necessary to insure the preservation and protection of any shoreland areas, wetlands, Native American burial grounds, and other protected interests on or in the Property. All such protected areas disturbed in any way by construction activities on any portion of the Property or in connection with the development of the Property by or for the Developer, shall be restored by the Developer to its prior condition to the reasonable satisfaction of the City. 5 F. Construction Timeline for the Building. The Developer shall commence construction of the Building as soon as practicable but in no event later than June 1, 2014 and substantially complete construction of the Building as soon as practicable but in no event later than June 1, 2015. For purposes of this Development Agreement, the term "substantial completion" shall mean the issuance by the City of an occupancy permit for the Building and the Developer and the City have entered into any agreements required by the City concerning any uncompleted landscaping, restoration final stabilization, final lift of asphalt or other similar matters. G. Storm Water. The Developer shall construct such facilities and at all times use the Property in accordance with all surface and storm water runoff, management, filtration and other such requirements of the City and all other applicable governmental entities and authorities. The Developer shall not commence any construction or improvement on or in any part of the Property unless and until the Developer has obtained all approvals required for a storm water management plan from the City and all other applicable government authorities. H. Public Utilities. The Developer shall install the public water services to the Building such that no portion of the Property shall be served by a private water system. The Developer shall obtain all requisite permits and approvals for such public water system from all other applicable government authorities. The Developer shall install sanitary sewer service to the Building such that no portion of the Property shall be served by private septic or alternate means of treating sanitary sewer effluent. The Developer shall obtain all requisite permits and approvals for such sanitary sewer service from the City and all other applicable government authorities. I. Covenants, Easements and Restrictions. The Developer shall convey such covenants, easements and restrictions on, in or affecting the Property to or as directed by the City, in order to effect the Development Project. J. Developer Work. The Developer at its sole cost and expense shall construct the on-site facilities and improvements on and in the Property per any Planning Commission approval and per the building permit thereafter issued by the City to Developer. Said improvements shall be conceptually in the form as those attached in Exhibit A herein. Any other requirements of the Planning Commission and/or the City on the issued building permit must be followed as well (the "Developer Improvements"). The Developer shall complete construction of the Developer Improvements as soon as practicable but in no event later than June 1, 2015. Without limiting the foregoing, the Developer shall at all times take all precautions necessary or advisable and at all times perform all work on or in the Property or in connection with the Development Project, in a manner that will safeguard and protect the water and other infrastructure that may be affected by the Development Project. The Developer shall notify the City of the commencement date of all work on or in or related to the Property and keep the City informed of the Developer's construction schedule. 6 K. Developer’s Deposit. The Developer shall, at its sole cost and expense, deliver to the City a Developer’s Deposit, upon submittal for Planning Commission approvals, and thereafter keep in full force and effect, in amount of $3,000. Said deposit shall be kept at no less than this initial amount and Developer shall deposit such amounts with the City as and when requested by the City. The deposit will be used by the City for any and all fees and costs incurred by the City related to the review and approval of the Building, Site, and Operation Plan, any miscellaneous permitting approval costs, and the rezoning approvals of the City Property up until occupancy of the Property. L. Financial Information. The Developer shall, from time to time upon reasonable request of the City, provide to the City financial information and statements of the Developer as requested by the City certified by the Developer to be true and correct in all respects, and all instruments and documents relating to any and all mortgage loans secured by the Property. SECTION III. UNDERTAKINGS OF THE CITY A. Grants to the Developer. (i) Utility Fees. Within forty five (45) days of the last to occur of (i) the sale of the City Property by the City to the Developer, and (ii) the substantial completion of the Building and Developer Improvements; and provided, that the Developer has fully performed each and all of its obligations under this Development Agreement to be performed by the Developer through the date thereof, the City will remit to Developer a grant (the "Grant") in an amount not to exceed Twenty-Two Thousand Five Hundred Dollars ($22,500.00) to partially reimburse the Developer for the costs and expenses of Developer Improvements relating to sewer and water hookup fees. All such costs and expenses to be reimbursed to the Developer shall be determined by the City to be costs and expenses that are necessary and appropriate for the construction of the Building and of the Developer Improvements within Tax Incremental District #8, and have been paid in full by the Developer. The Developer shall submit to the City for review and approval by the City in accordance with the usual procedures and standards of the City, paid invoices, lien waivers for all work performed and materials supplied in connection with the Developer Improvements, and all other such information requested by the City if need be. Such funds will be distributed from the TIF 8 funds the City has. (ii) Development Cost Reimbursals. Within forty five (45) days of the City receiving and validating a paid Developer invoice for removing existing concrete foundations and/or for removing contaminated soils from the Property; and provided, that the Developer has fully performed each and all of its obligations under this Development Agreement to be performed by the Developer through the date thereof, the City will remit to Developer a reimbursement grant (the "Grant") in an amount not to exceed the paid invoices and not to exceed a total amount of up to $600 for removing existing concrete foundations and not to exceed a total amount of up to $14,400 for removing contaminated soils and installing vapor intrusion devices for the Property. All 7 such costs and expenses to be reimbursed to the Developer shall be determined by the City to be costs and expenses that are necessary and appropriate for the construction of the Building and of the Developer Improvements within Tax Incremental District #8, and have been paid in full by the Developer. The Developer shall submit to the City for review and approval by the City in accordance with the usual procedures and standards of the City, paid invoices, lien waivers for all work performed and materials supplied in connection with the Developer Improvements, and all other such information requested by the City if need be. Such funds will be distributed from the TIF 8 funds the City has. B. Loans to the Developer: The developer wishes to pursue a low interest loan form the City of Muskego in an amount not to exceed $100,000. The City agrees to follow thru with a $100,000 low interest loan for the Developer, tailored under the procedures of the City’s adopted Commercial Loan Program. It is the Developer’s responsibility to submit all necessary documents and receive a future Common Council approval for said loan. Loan monies, if approved, will be distributed from the TIF 8 funds the City has. C. City Financing and Security. (i) City Financing. The City may issue from time to time notes and/or bonds which the City determines to be necessary or appropriate to finance and/or refinance the costs of the obligations of the City under this Development Agreement and the issuance of such notes and bonds (collectively, the "City Financing"). The City Financing may be combined with other financing obtained by the City. It is intended that the interest and principal on the City Financing (the "City Debt Service") shall be paid from tax increments ("TIF Revenues") generated from the Building and other improvements to be constructed on the Property by the Developer other than the Dedicated Improvements. The City Debt Service shall be structured to reflect a good faith estimate of the TIF Revenue anticipated to be generated by the Building and other improvements on and in the Property. The parties acknowledge and agree that the City Debt Service shall be the actual payment amount incurred by the City at the time the City Financing is obtained. In the event the City does not obtain City Financing to fund its obligations under this Development Agreement, the TIF Revenues shall be used to reimburse the City as if the City had incurred the City Financing and was obligated to pay the City Debt Service. SECTION IV. MISCELLANEOUS REQUIREMENTS The Developer shall do each and all of the following at its cost and expense: A. Manner of Performance: Cause all construction obligations of the Developer referred to in this Development Agreement to be carried out and performed in a good and workmanlike manner, consistent with construction standards in the City; 8 B. Survey Monuments: Properly install metal stakes or pipes marking the corners of all lots that are being resurveyed and recreated pursuant to the terms of the City; C. Utilities: Install all electrical, telephone, cable, and gas utilities underground in accordance with all ordinances of the City. It shall be the responsibility of the Developer to contract to have installed and pay for all costs associated with private utilities required by the City; D. Permits: Provide and submit to the City, valid copies of any and all governmental (other than issued by the City) permits relating to the construction of the Project. No occupancy permits shall be issued for the occupancy of the Building or portion thereof until such time as final inspections are completed and passed by the building, fire and rescue and zoning inspectors, and construction of all Developer Improvements are substantially completed; E. Noise: Make every effort to minimize noise, dust, and similar disturbances; F. Debris: Keep the Property free from litter and debris during all phases of grading and construction. The Developer shall promptly remove and lawfully dispose of all tree trunks, limbs, brush and other rubbish and debris from the Development Project. Tree trunks and other organic matters shall not be backfilled on the Property. Off-site sediment deposits occurring as a result of a storm event shall be cleaned up by the end of the next work day following the occurrence. All other off-site sediment deposits occurring as a result of construction activities shall be cleaned up at the end of the work day; G. Stop Orders. The Developer shall promptly comply with any stop orders issued pursuant to applicable provisions of any City ordinance because the design, location, materials, workmanship or other performance are not in accordance with the provisions of this Development Agreement or any ordinance of the City; and H. Inspection. The City shall have the right at any time and from time to time to enter upon the Property to perform any non-invasive testing and inspections deemed necessary or appropriate by the City. SECTION V. PAYMENT OF COSTS, INSPECTION AND ADMINISTRATIVE FEES Upon request of the City the Developer shall promptly and fully pay all permits, licenses, grants and other approvals for the Property requested by the Developer or required by the City; and the development of the Property by the Developer. Any such amounts which are not paid in full by the Developer when and as requested by the City, may, in addition to all other rights and remedies available to the City, be collected by the City as a special assessment on the Property to this Development Agreement. The City acknowledges that all of the above are currently reflected as Project Costs for the District. 9 SECTION VI. CONDITIONS OF ALL OBLIGATIONS OF THE PARTIES UNDER THIS DEVELOPMENT AGREEMENT A. City Conditions. As a condition to each and all of the covenants, agreements and other obligations of the City under this Development Agreement, all of the following shall occur, in addition to all other requirements and conditions set forth in this Development Agreement: (i) All representations and warranties of the Developer set forth in this Development Agreement and in all agreements expressly referred to herein shall at all times be true, complete and correct; (ii) All covenants and obligations of the Developer under this Development Agreement are duly and substantially performed, observed, satisfied and paid, when and as required herein; (iii) No event of default has occurred, or with the giving of notice or lapse of time would occur; (iv) The City has obtained the City Financing as required to fully fund the obligations of the City under this Development Agreement; (v) The City has reviewed and approved all funding sources of the Developer and documents evidencing those funding sources. There is no material adverse change in the financial condition of the Developer which might impair its ability to perform its obligations under this Development Agreement. (vi) The sale of the City Property by the City to the Buyer complies with all statutes, ordinances and other governmental requirements applicable to the sale of the City Property by the City; and (vii) The redevelopment of the Property complies with the redevelopment plan adopted by the City and the TIF Project Plan for the Property. SECTION VII. INDEMNIFICATIONS The Developer will indemnify and hold harmless the City, its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof (hereinafter, for purposes of this paragraph collectively referred to as the “Indemnified Parties”) against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any breach of any warranty, covenant or agreement of the Developer under this Development Agreement, and the development of the Property; provided that the foregoing indemnification shall not be effective for any willful acts of the Indemnified Parties. Except for any willful misrepresentation or any willful misconduct of the Indemnified Parties, the Developer will protect and defend the Indemnified Parties from any claim, demand, suit, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from the action or inaction of the Developer (or 10 other persons acting on its behalf or under its direction or control) under this Development Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership and operation of the Development Project and the Property. All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be covenants, stipulations, promises, agreements and obligations of the City and not of any governing body, member, officer, agent, servant or employee or the City. All covenants, stipulations, promises, agreements and obligations of the Developer contained herein shall be deemed to be covenants, stipulations, promises, agreements and obligations of the Developer and not of any of its officers, owners, agents, servants or employees. SECTION VIII. DEFAULT/REMEDIES A. Events of Default. An event of default ("Event of Default") is any of the following: 1. A failure by the Developer to cause substantial completion of the Development Project or any part thereof to occur pursuant to the terms, conditions and limitations of this Development Agreement; a failure of either party to perform or observe any and all covenants, conditions, obligations or agreements on its part to be observed or performed when and as required under this Development Agreement within thirty (30) days of notice of said failure to the Developer; 2. A failure by the Developer to pay any amount or when and as due to the City within ten (10) days of notice of such failure to the Developer; 3. The Developer becomes insolvent or is the subject of bankruptcy, receivership or insolvency proceedings of any kind; or 4. The dissolution or liquidation of the Developer, or the commencement of any legal proceedings therefore. B. Remedies on Default. Whenever an Event of Default occurs and is continuing, the non-breaching party may take any one or more of the following actions without waiving any rights or remedies available to it: 1. Immediately suspend its performance under this Development Agreement from the time any notice of an event of default is given until it receives assurances from the breaching party deemed adequate by the non-breaching party, that the breaching party will cure its default and continue its due and punctual performance under this Development Agreement; or 2. Commence legal or administrative action, in law or in equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement or covenant of the breaching party under this Development Agreement. 11 3. Perform or have performed all necessary work in the event the non- breaching party determines that any Event of Default may pose an imminent threat to the public health or safety, without any requirement of any notice whatsoever. In the event of a default by the Developer, the City may use and apply all or any portion of the grant to be provided to the Developer under Section III.B. above to cure such default and in such event, the Developer shall no longer be deemed to be in default of this Development Agreement but the City’s obligation to provide such grant to the Developer shall be extinguished to the extent it is used by the City. C. No Remedy Exclusive. No remedy or right conferred upon or reserved to a party in this Development Agreement is intended to be exclusive of any other remedy or remedies, but each and every such right and remedy shall be cumulative and shall be in addition to every other right and remedy given under this Development Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. D. No Implied Waiver. In the event any warranty, covenant or agreement contained in this Development Agreement should be breached by a party and thereafter waived by the other, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. E. Agreement to Pay Attorneys’ Fees and Expenses. Whenever any Event of Default occurs and a party incurs attorneys fees, court costs and other such expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the other herein contained, the prevailing party shall be reimbursed the actual attorneys fees, court costs and other such expenses incurred by such prevailing party. F. Default Payment. As part of the City approvals the Developer is to pay $20,000 at the closing of the Property to the Developer. Such monies will be held by the City like a developer’s deposit. In the event of Default the City may keep said monies. The monies will be given back to the Developer once the Agreement is fulfilled and the Developer attains occupancy of the building. SECTION IX. PERMITTED DELAYS Whenever performance is required of any party hereunder, such party shall use all due diligence to perform and take all necessary measures in good faith to perform; provided, however that if completion of performance shall be delayed at any time by reason of acts of God, war, civil commotion, riots, work stoppages arising out of collective bargaining strikes, unavailability of materials or damage to work in progress by reason of fire or other casualty or causes beyond the reasonable control of a party (other than financial reasons), then the time for performance as herein specified shall be 12 appropriately extended by the time of the delay actually caused and a reasonable time thereafter acceptable to the City to remobilize. However, in order for a party to be entitled to make a claim for any such delays, such party must give the other party written notice of the conditions or events giving rise to the delay and the number of days claimed to be due to such conditions or events within fifteen (15) days from the date of the occurrence of the condition or event giving rise to the delay. The provisions of this Section shall not operate to excuse the Developer or the City from the prompt payment of any and all monies such party is required to pay under this Development Agreement. SECTION X. ASSIGNMENT The Developer shall not transfer, sell or assign the Parcel or assign this Development Agreement or its obligations hereunder without the express prior written consent of the City until the Developer has fully complied with its obligations under Section II of this Development Agreement. Any such consent requested of the City prior thereto may be withheld, conditioned or delayed for any commercially reasonable reason. SECTION XI. BINDING This Development Agreement shall be binding upon the parties hereto and their respective representatives, successors and assigns, and any and all future owners of the Property or any portion thereof, and their respective heirs, representatives, successors and assigns. SECTION XII. AMENDMENTS This Development Agreement may only be modified or amended by written agreement duly authorized and signed by the City and all owners of the Property. SECTION XIV. ADDITIONAL PROVISIONS A. Conflicts of Interest. No member of any governing body or other official of the City (“City Official”) shall have any financial interest, direct or indirect, in this Development Agreement, the Property or the Development Project, or any contract, agreement or other transaction contemplated to occur or be undertaken thereunder or with respect thereto, unless such interest is disclosed to the City and the City Official fully complies with all conflict of interest requirements of the City. No City Official shall participate in any decision relating to this Development Agreement which affects his or her personal interest or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City for any event of default or breach by the Developer of any obligations under the terms of this Development Agreement. 13 B. Incorporation by Reference. All exhibits and other documents attached hereto or referred to herein are hereby incorporated in and shall become a part of this Development Agreement. C. No Implied Approvals. Nothing herein shall be construed or interpreted in any way to waive any obligation or requirement of the Developer to obtain all necessary approvals, licenses and permits from the City in accordance with its usual practices and procedures, nor limit or affect in any way the right and authority of the City to approve or disapprove any and all plans and specifications, or any part thereof, or to impose any limitations, restrictions and requirements on the development, construction and/or use of the Development Project as a condition of any such approval, license or permit; including, without limitation, requiring any and all other development and similar agreements. D. Time of the Essence. Time is deemed to be of the essence with regard to all dates and time periods set forth herein or incorporated herein. E. Headings. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Development Agreement. F. Notices. Any notice required hereunder shall be given in writing, signed by the party giving notice, personally delivered or mailed by certified or registered mail, return receipt requested, to the parties’ respective addresses as follows: To the City: City of Muskego, Wisconsin W182 S8200 Racine Avenue Muskego, WI 53150 Attn: Mayor To the Developer: Jewell Homes, LLC Attention: John Jewell W192S6940 Elkwood Ct Muskego, WI 53150 414-698-3247 Notice shall be deemed delivered (a) in the case of personal delivery, on the date when personally delivered; or (b) in the case of certified or registered mail, on the third business day after the date when deposited in the United States mail with sufficient postage to effect such delivery. G. Entire Agreement. This document and all other documents and agreements expressly referred to herein contain the entire agreement between the Developer and the City with respect to the matters set forth herein. 14 H. Governing Law. This Development Agreement shall be construed in accordance with the internal laws of the State of Wisconsin. I. Further Assurances. The Developer will at any time, and from time to time at the written request of the City, sign and deliver such other documents and instruments requested by the City as may be reasonably necessary or appropriate to give full effect to the terms and conditions of this Development Agreement. J. Counterparts. This Development Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original. K. Recording. The parties hereto agree that the City may record this Development Agreement or a Memorandum of this Development Agreement on the record title to the Property or any portion thereof. The Developer shall upon request of the City execute and deliver any such Memorandum or other document in connection with such recording. L. Covenant Running With the Land. The covenants and agreements contained in this Development Agreement shall be deemed to be covenants running with the land and shall be binding upon and inure to the benefit of the Developer and all successive owners of the Property, and any portion thereof, and their respective heirs, representatives, successors and assigns. M. Exhibit Lists. The Exhibits referred to herein, consist of the following: Exhibit A – Conceptual Development Plans [SIGNATURES CONTINUED ON NEXT PAGE] 15 DATED as of the day, month and year first above written. The Developer: Jewell Homes LLC By:___________________________________ Name: John Jewell Title: Managing Member STATE OF WISCONSIN ) ) ss. COUNTY OF __________ ) Personally came before me this ____ day of _____________, 2014 the above- named Keith Hammit to me known to be the person(s) who executed the foregoing instrument and acknowledged the same. _____________________________________ Notary Public, ______________ County, ________________ Commission: _____________________________________ 16 City: City of Muskego a Wisconsin municipal corporation By:__________________________________ Kathy Chiaverotti Mayor STATE OF WISCONSIN ) ) ss. COUNTY OF __________ ) Personally came before me this ____ day of _____________, 2014 the above- named John R. Johnson to me known to be the Mayor of the City of Muskego, Wisconsin, respectively, who executed the foregoing instrument and acknowledged the same. _____________________________________ Notary Public, ______________ County, ________________ Commission: _____________________________________ 17 EXHIBIT A – CONCEPTUAL DEVELOPMENT PLANS 18 19 Approved CITY OF MUSKEGO FINANCE COMMITTEE MINUTES December 10, 2013 5:45 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 5:45 p.m. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Committee Members Soltysiak and Kubacki. Also present: Aldermen Madden, Borgman and Hammel, and Deputy Clerk Blenski. Alderman Glazier was absent. PUBLIC MEETING NOTICE Ms. Blenski stated that the meeting was properly noticed. APPROVAL OF MINUTES - November 26, 2013 Alderman Soltysiak made a motion to approve the November 26, 2013 minutes. Alderman Kubacki seconded. Motion Passed 2 in favor. LICENSE APPROVALS Recommend Approval of Operator Licenses Alderman Soltysiak made a motion to recommend approval of Operator Licenses for Melissa Airoldi, Jennifer Batcher, Chris Brahm, Lori Coubal, Eric Rullmann, Kim Schneider and Timothy Stout. Alderman Kubacki seconded. Motion Passed 2 in favor. Recommendation Regarding "Class B" Liquor License Application - Escher, Inc., d/b/a The Suburban Bourbon (formerly High Tide), S76 W17745 Janesville Road, Peter Karas Agent and Class A Dance Hall License Mr. Karas was present. Alderman Kubacki made a motion to recommend approval. Alderman Soltysiak seconded. Motion Passed 2 in favor. Recommendation Regarding Temporary License to Sell Fermented Malt Beverages for Special Olympics Wisconsin - February 9, 2014 Alderman Soltysiak made a motion to recommend approval. Alderman Kubacki seconded. Motion Passed 2 in favor. NEW BUSINESS Recommendation Regarding Reduction to Letter of Credit for Belle Chasse Phase II (aka Addition #1) Alderman Kubacki made a motion to recommend approval. Alderman Soltysiak seconded. Motion Passed 2 in favor. VOUCHER APPROVAL Utility Vouchers Alderman Soltysiak made a motion to recommend approval of Utility Vouchers in the amount of $58,826.69. Alderman Kubacki seconded. Motion Passed 2 in favor. Tax Vouchers None. General Vouchers Alderman Soltysiak made a motion to recommend approval of General Vouchers in the amount of $257,414.94. Alderman Kubacki seconded. Motion Passed 2 in favor. Wire Transfers for Debt Service Alderman Soltysiak made a motion to recommend approval of Wire Transfers for Debt Service in the amount of $271,962.70. Alderman Kubacki seconded. Motion Passed 2 in favor. Wire Transfers for Payroll Transmittals None. FINANCE DIRECTOR’S REPORT COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Alderman Soltysiak made a motion to adjourn 5:50 p.m. Alderman Kubacki seconded. Motion Passed 2 in favor. Minutes transcribed by Kim Chavie, Assistant Deputy Clerk. City of Muskego PARKS & RECREATION BOARD Monday, November 11, 2013 Approved as amended 1/13/14 Board President Whipple called the monthly meeting of the Parks and Recreation Board (Board), City of Muskego, to order at 5:30 p.m. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. The meeting notice was posted in accordance with the Open Meeting Law on November 7, 2013. Present: Mr. Jerald Hulbert, Mr. Brett Hyde, Mrs. Kelly Koble, Mr. Paul Peardon, Ald. Soltysiak and Mr. Toby Whipple. Not Present: Director Anderson (excused), Mr. “Butch LeDoux (excused) GUESTS: Ald. Borgmann APPROVAL OF MINUTES: October 14 Minutes Ms. Koble moved to approve the minutes of the October 14 meeting, seconded by Mr. Hyde Upon a voice vote, the motion to approve carried. COMMUNICATIONS: Girl Scout “Gold” Award, Lake Access #14 Madalin Stenzel presented her project proposal for Lake Access #14 to achieve her Girl Scout “Gold” Award. Her project will involve creating a trail, adding a picnic table, planting flowers and shrubbery. It will be a school service project for the fifth grade troops so that the access will always be maintained in the future. She has acquired donations from local businesses for the project. She had met with Director Anderson as well as Mr. Planton, the neighbor on the west. Director Anderson had critqued her project. Mr. Planton was concerned about erosion and would like the city to stop the erosion. Mr. Planton had also expressed the other neighbor’s concern about planting trees as he did not want to block the view of the lake. Mr. Hulbert questioned how she was going to solicit funding from businesses. She stated that she already had some funds and would continue to contact Walmart and True Value and other businesses for the materials she would be needing. Mr. Hulbert asked if she had a budget yet? She responded, not until spring when she expects to start the project. Board members felt it was a great plan. In regard to Mr. Hyde’s comment on the split rail fencing, she said that was what the neighbors wanted when they moved in. Board members commented that the city had installed split rail fencing in other areas. She said the volunteers on the project would be scouts. Mr. Peardon moved to accept the plan. Mr. Hyde seconded. Upon a voice vote, the motion carried. Board President Whipple recommended she work with the department on her project. Mr. Hulbert inquired if she had an end date. She stated the end of summer but hoping by the end of May. Muskego Icetronauts use of Denoon Park and LML Access #17 Representatives from the Icetronauts were not present. Ms. Lago had made an email request for approval to mark their snowmobile trail through Denoon Park as they had in the p ast. The trail would run north and south from Kelsey Drive to the neighboring property to the south. The use of the property would allow parking as well as a drop off site where people can access the trail system. In regard to any damage from last year, Board President Whipple had spoken with Tammy Dunn and there was none. Mr. Hulbert moved to approve the request. Ald. Soltysiak seconded. Upon a voice vote, the Minutes, Parks & Recreation Board, November 11, 2013, page 2 motion carried. UNFINISHED BUSINESS: Historic Muskego Centre Park – Final Signage Language Board members reviewed the council resolution on naming the park. Mr. Hulbert updated the Board members on the signage proposed. There is still some unfinished things on the names of the streets. This last week one of the Horn family said that their late husband remembered that mail had come addressed to Horn Brothers, Main Street Muskego In checking with Mrs. Horn, she did not remember that so “Main Street” will remain as an informal thing. He had quotes from two different sign companies and he felt they were almost ready to get signs made; one Pioneer Drive should be done the end of this month and the Park Arthur Thiesenhusen sign should be done by next month. The verbiage on the Park Arthur sign is okay as reviewed with Director Anderson. Mr. Hulbert would like someone from the city take a look at the signs because of the various shape of the signs and the cost is being split. He mentioned the sign for Pioneer Drive is between $400-$500.and as Thiesenhusen is paying for the Park Arthur sign, there is no cost to the city for that sign. Ald. Soltysiak inquired on the life of the signs and Mr. Hulbert indicated none but the vendor indicated at least 7 years. The signs would be aluminum with fiberglass sandwiched between the layers and he will have them put on a graffiti coating. Board mem bers reviewed the quotes for the signs looking for more input on signs from city staff. Once Mr. Hulbert has the proof, he’ll emai l to Director Anderson. ALDERMAN’S REPORT: Ald Solysiak announced there will be a public information meeting at city hall o n Tuesday, November 12, 5:00 pm.-7:00 p.m. for the latest lake park proposal coming before the city. In regard to the Racine Avenue, trail, the city engineer advised that they will probably not get it paved this year , but people could walk on the gravel road bond. Mr. Hulbert questioned if Janesville Road was on schedule to which Ald. Soltysiak replied that they are behind.but expect to get the first lift of asphalt on the north side done this year STATUS OF PROJECTS: Park Arthur Board members shared their observations on the Park Arthur projects. OTHER BUSINESS Subdivision Plans from Plan Commission None ADJOURNMENT - There being no further business, Mr. Hulbert moved for adjournment, Ald. /Soltisak seconded. Motion carried. Minutes transcribed by Parks and Recreation Secretary from video. pc: Board Members, Craig Anderson; email: Peter Theis, Tammy Dunn; posted: www.cityofmuskego.org Approved CITY OF MUSKEGO PUBLIC WORKS COMMITTEE MINUTES November 18, 2013 6:00 PM Aldermen’s Room – Upper Level of City Hall, W182 S8200 Racine Avenue CALL TO ORDER Ald. Dan Soltysiak called the meeting to order at 6:01 PM. PLEDGE OF ALLEGIANCE Ald. Soltysiak led those present in the Pledge of Allegiance. ROLL CALL Ald. Soltysiak and Ald. Bob Hammel were present. Ald. Neil Borgman excused. STATEMENT OF PUBLIC NOTICE This meeting was noticed in accordance with the Open Meeting Laws on November 14, 2013. APPROVAL OF MINUTES HELD SEPTEMBER 16, 2013. Alderman Hammel made a motion to approve minutes from September 16, 2013., Alderman Soltysiak seconded. Motion Passed 2 in favor. STATUS OF PROJECTS Janesville Road Reconstruction Racine Avenue Recreational Trail 2013 Road Program Gold Drive Storm Sewer Horn Park Drive Storm Sewer Misc. Drainage Projects NEW BUSINESS Review request from S79 W16111 Bay Lane Place to allow construction of a parking area within existing right of way Alderman Hammel made a motion to deny request from S79 W16111 Bay Lane Place to allow construction of a parking area within existing right of way. Alderman Soltysiak seconded. Motion Passed 2 in favor. Review request for installation of a cul-de-sac on Riese Drive Alderman Hammel made a motion to deny request for installation of a cul-de-sac on Riese Drive. Alderman Soltysiak seconded. Motion Passed 2 in favor. Review termination and release of drainage easements for Northern Gear Property Alderman Hammel made a motion to approve termination and release of drainage easements for Northern Gear Property. Alderman Soltysiak seconded. Motion Passed 2 in favor. Approval of Storm Sewer and Drainage Easements for Gold Drive Storm Sewer Project Alderman Hammel made a motion to approve storm sewer and drainage easements for Gold Drive Storm Sewer Project. Alderman Soltysiak seconded. Motion Passed 2 in favor. Annual review of Sanitary Sewer standby charges and ready to serve properties COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Alderman Soltysiak made a motion to adjourn at 7:05 PM. Alderman Hammel seconded. Motion Passed 2 in favor. Respectfully submitted, Jeanne Struck, Recording Secretary Approved CITY OF MUSKEGO COMMUNITY DEVELOPMENT AUTHORITY MINUTES August 20, 2013 6:00 PM Aldermen’s Room – Upper Level of City Hall, W182 S8200 Racine Avenue CALL TO ORDER Chairman Lefebvre called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Commissioners Larry Lefebvre, Dan Draeger, Ald. Kevin Kubacki, Ald. Robert Wolfe, and Executive Director Muenkel. Absent: Commissioners Bonnie Johnson, Robert LeClaire, Bob Mueller STATEMENT OF PUBLIC NOTICE The meeting was posted in accordance with the Open Meeting Law. APPROVAL OF THE MINUTES OF MAY 21, 2013 Alderman Kubacki made a motion to APPROVE THE MINUTES OF MAY 21, 2013. Alderman Wolfe seconded. Motion Passed 4 in favor. PUBLIC INPUT None. NEW BUSINESS Approval of Request for Proposal Document for Former BP Parcel Alderman Kubacki made a motion to approve the Request for Proposal Document for Former BP Parcel. Daniel Draeger seconded. Motion Passed 4 in favor. 2014 CDA Budget ONGOING BUSINESS Tess Corners Redevelopment District (#1) Implementation Downtown Redevelopment District (#2) Implementation Muskego Business Park Redevelopment District (#3) Implementation Mill Valley Redevelopment District (#4) Implementation Marketing Plan Implementation MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Redevelopment District Development & Other Miscellaneous Information Updates Next Meeting Date Next meeting will be October 15, 2013, unless a meeting is needed earlier. ADJOURNMENT Alderman Kubacki made a motion to adjourn at 6:32 PM. Daniel Draeger seconded. Motion Passed 4 in favor. Respectfully submitted, Kellie McMullen, Recording Secretary Approved CITY OF MUSKEGO COMMUNITY DEVELOPMENT AUTHORITY MINUTES October 21, 2013 5:30 PM Aldermen’s Room – Upper Level of City Hall, W182 S8200 Racine Avenue CALL TO ORDER Chairman Lefebvre called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Commissioners Larry Lefebvre, Ald. Kevin Kubacki, Ald. Robert Wolfe, Bonnie Johnson, Robert LeClaire, and Bob Mueller and Executive Director Muenkel. Absent: Commissioner Dan Draeger STATEMENT OF PUBLIC NOTICE The meeting was posted in accordance with the Open Meeting Law. APPROVAL OF THE MINUTES OF AUGUST 20, 2013. PUBLIC INPUT NEW BUSINESS Business Park Grant Fund Request: Royal Recognition (S83 W19105 Saturn Drive) Alderman Kubacki made a motion to approve the Business Park Grant Fund Request: Royal Recognition (S83 W19105 Saturn Drive) in the amount of $5,000. Robert LeClaire seconded. Motion Passed 6 in favor. Janesville Road Grant Request: Haven Spa & Salon (S76 W17789 Janesville Road) Robert LeClaire made a motion to approve the Janesville Road Grant Request: Haven Spa & Salon (S76 W17789 Janesville Road) in the amount of $3,000. Bonnie Johnson seconded. Motion Passed 6 in favor. Janesville Road Grant Request: Thomas Jewelers (S76 W18035 Janesville Road) Robert LeClaire made a motion to approve the Janesville Road Grant Request: Thomas Jewelers (S76 W18035 Janesville Road) in the amount of $3,000. Alderman Kubacki seconded. Motion Passed 6 in favor. TIF 8 Loan/Grant Request: Delta Restaurant (S75 W17358 Janesville Road) Alderman Wolfe made a motion to approve the TIF 8 Loan/Grant Request: Delta Restaurant (S75 W17358 Janesville Road) per staff recommendation subject to collateral equaling 100% of the final loan amount. Bob Mueller seconded. Motion Passed 6 in favor. Janesville Road Grant Request: Mike Fitzgerald Building (S74 W16834 Janesville Road) Bob Mueller made a motion to approve the Janesville Road Grant Request: Mike Fitzgerald Building (S74 W16834 Janesville Road) in the amount of $2,160.38. Bonnie Johnson seconded. Motion Passed 6 in favor. Janesville Road Grant Request: Hank Goetzinger Building (S73 W16485 Janesville Road) Alderman Wolfe made a motion to approve the Janesville Road Grant Request: Hank Goetzinger Building (S73 W16485 Janesville Road) in the amount of $4,000 and up to another $1,000 for any Waukesha County permit costs. Bob Mueller seconded. Motion Passed 6 in favor. ONGOING BUSINESS Tess Corners Redevelopment District (#1) Implementation Downtown Redevelopment District (#2) Implementation Muskego Business Park Redevelopment District (#3) Implementation Mill Valley Redevelopment District (#4) Implementation Marketing Plan Implementation MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Redevelopment District Development & Other Miscellaneous Information Updates Next Meeting Date ADJOURNMENT Alderman Kubacki made a motion to adjourn the meeting at 6:15 PM. Alderman Wolfe seconded. Motion Passed 6 in favor. Respectfully submitted, Kellie McMullen, Recording Secretary Approved Conservation Commission City of Muskego Minutes of Meeting Held on Wednesday, June 12, 2013 Chairman Schneider called the meeting to order at 6:02pm and led those in attendance in the Pledge of Allegiance. Roll Call – Commissioners: Alderman Neil Borgman, Ms. Julie Holubowicz, Mr. Bill Miller, Ms. Sharon Roy, Mr. Howard Schneider and Conservation Coordinator Tom Zagar. Guests: Conservation Technician - Jessica Quinlan The meeting was posted in accordance with the open meeting law. APPROVAL OF PREVIOUS MEETING MINUTES: A motion was made by Bill Miller to approve the minutes of the meeting held September 26, 2012. Seconded by Julie Holubowicz; motion carried. PROJECT UPDATES: Badertscher Preserve Developments - Conservation Coordinator Tom Zagar explained that the wetland restoration was completed and seeded this fall. The oak savannah restoration is well on its way with extensive brush removal, a prescribed burn, black walnut removal, herbicide application on areas to be seeded to prairie and a few tree plantings. Bill suggested increasing tree diversity at Badertscher as compared to Engel, to minimize the threat of losing and one species. Tom touched on the burn extending beyond the limits of the oak savannah burn unit. Julie inquired if the prescribed burn was contained within the boundaries of Badertscher Preserve and Tom assured that it was. The kiosk has been put up and WE Energies is going to be contacted to remove the tree line along the roadside in front of the parking lot. Tom also noted that the Little Muskego Lake Association has already given $15,000 of a $50,000 donation commitment. NEW BUSINESS: Proposed drainage swale at Marlan Meadows – Tom explained that there is a drainage concern with a neighbor adjacent to this conservation site. The City engineer has proposed a drainage swale that would affect a rather small area on a strip of land that connects to the roadway and would impact some tre es here. Tom explained that Marlan Meadows has a high quality woods with a good diversity of tree and plant species but the trees in this area are dominated by relatively young basswoods . One mature oak is nearby the proposed swale but the work could avoid the critical root zone. Julie inquired if they are having flooding near this area. Alderman Borgman confirmed citizens are having flooding issues and some have seen actual foundation movement. Bill suggested it would be best to complete any construction in the fall to reduce oak wilt spreading through the high quality woods. A motion was made by Bill Miller to approve the removal of trees needed to complete the installation of a drainage swale. Seconded by Sharon Roy; motion carried. Emerald Ash Borer update and management recommendations – Tom gave a background on the invasive pest and Alderman Borgman inquired as to what happens after the pest is found. Bill explained the city would notify appropriate authorities and commented that the city is inside the quarantined zone and it is not a matter of if but when the pest will arrive. The city would need to decide which trees should be treated to be protected from being affected, proactively removing ash trees, or waiting until affected and taken down. Bill also explained that research is being done to develop a bio control such as predatory wasps, and he is hopeful that it will be available soon. Alderman Borgman asked what the population of ash trees is verses other species in the city. Tom explained that not many city owned ash trees were planted, many have just volunteered. Many of the ash trees in parks were recently treated by drenching the root zone near the trunks with the insecticide imidacloprid. Bill stated this is about 85% effective. Tom stated that there are ash trees within city-owned woodlots that are adjacent to private lands and public rights-of-way. He suggested proactive removal of those that are of bad form or would cause a problem if (when) they die. Alderman Borgman strongly suggested that areas with proposed pedestrian paths should be considered when evaluating and locating critical concern trees. Bill Miller suggested completing a tree survey to find such trees. Julie inquired if there is any state or federal funding to complete a survey based around emerald ash borer concerns and Bill explained there is none. Howard suggested that removed ash trees could be utilized as fire wood, which would diminish concerns raised with cutting down healthy trees. Julie inquired a s to where fund would be derived for ash borer abatement and ash tree removal. Tom said it would take a greater sum of money than is available in the conservation fund and it may be prudent to take proactive measures now so that the workload is not as great when the infestation hits. Recommendation on request to fund a part time summer intern position to assist in development of Badertscher Preserve – Tom referred the commissioners to the June 6th Memo regarding details on a current volunteer to become a part time seasonal employee. Howard asked if the employee would be specific for Badertscher projects and Tom said that he would help out on any conservation projects necessary around the City. A motion was made by Howard to hire the volunteer. Seconded by Alderman Borgmen; motion carried. MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW – Alderman Borgman noted the 50TH Anniversary celebration is going to be a tree planting and time capsule on November 9th that will require Tom’s recommendation of a tree species and location. Commissioner Julie Holubowicz asked if the department planned on receiving any grant money this year, and Tom said there was no grant money coming this year. She also had further questions regarding actual expenditures and projected and the available fund balance. Tom said that final numbers take time to show up on the budget (after auditing) and the conservation fund balance can vary depending on how much is used in a year to pay down debt from purchasing property. Tom referred her to contact Sharon in the finance department for more detailed answers. Alderman Borgman asked if the maintenance of the new street trees on Janseville Road will be under the conservation budget and Tom said it is from a community development department budget. ADJOURNMENT – Commissioner Schneider moved to adjourn the meeting at 7:05pm Respectfully Submitted, Jessica Quinlan COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1340 AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 14 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Floodplain Zoning Ordinance) The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as follows: SECTION 1: Chapter 14 is hereby repealed and recreated and made a part of the Municipal Code of the City of Muskego as adopted by Ordinance #1340. SECTION 2: A Public Hearing was held regarding the proposed amendments on January 28, 2014 in front of the Common Council. SECTION 3: A copy of said Ordinance has been on file in the Office of the City Clerk - Treasurer and open to public inspection for not less than two weeks prior to the date of this Ordinance and said Ordinance is hereby incorporate d into the Municipal Code of the City. SECTION 4: 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 conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 5: This ordinance is in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF , 2014 CITY OF MUSKEGO ________________________________ Kathy Chiaverotti, Mayor First Reading: Published: ATTEST: _________________________ Clerk Treasurer COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1340 AN ORDINANCE TO REPEAL AND RECREATE CHAPTER 14 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Floodplain Zoning Ordinance) The Common Council of the City of Muskego, Waukesha County, Wisconsin, do ordain as follows: SECTION 1: Chapter 14 is hereby repealed and recreated to read as follows: CITY OF MUSKEGO CHAPTER 14 - FLOODPLAIN ZONING ORDINANCE (Ord. #____ – DATE) 1.0 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE AND GENERAL PROVISIONS. ........................................................................... 1 1.1 STATUTORY AUTHORIZATION .............................................................................. 1 1.2 FINDING OF FACT .................................................................................................. 1 1.3 STATEMENT OF PURPOSE .................................................................................... 1 1.4 TITLE ....................................................................................................................... 2 1.5 GENERAL PROVISIONS ......................................................................................... 2 2.0 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICT ................... 6 2.1 HYDRAULIC AND HYDROLOGIC ANALYSES ........................................................ 7 2.2 WATERCOURSE ALTERATIONS ............................................................................ 7 2.3 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT .................................................. 7 2.4 PUBLIC OR PRIVATE CAMPGROUNDS ................................................................. 8 3.0 FLOODWAY DISTRICT (FW) ........................................................................................ 9 3.1 APPLICABILITY ....................................................................................................... 9 3.2 PERMITTED USES .................................................................................................. 9 3.3 STANDARDS FOR DEVELOPMENTS IN THE FLOODWAY AREAS ...................... 9 3.4 PROHIBITED USES ................................................................................................11 4.0 FLOODFRINGE DISTRICT (FF) ...................................................................................11 4.1 APPLICABILITY ......................................................................................................11 4.2 PERMITTED USES .................................................................................................11 4.3 STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE AREAS ..................12 5.0 OTHER FLOODPLAIN DISTRICT (Ord. #1310 - 02-04-2010) ......................................14 5.1 ................... GENERAL FLOODPLAIN DISTRICT (GFP) (Ord. #1310 - 02-04-2010) 14 5.2 FLOOD STORAGE DISTRICT (Ord. #1310 - 02-04-2010) ......................................16 6.0 NONCONFORMING USES ...........................................................................................17 6.1 GENERAL ...............................................................................................................17 6.2 FLOODWAY DISTRICTAREAS ..............................................................................19 6.3 FLOODFRINGE DISTRICTAREAS .........................................................................20 6.4 ........................... FLOOD STORAGE DISTRICTAREAS (Ord. #1310 - 02-04-2010) 21 7.0 ADMINISTRATION ........................................................................................................21 7.1 ZONING ADMINISTRATOR ....................................................................................21 7.2 ZONING AGENCY ..................................................................................................28 7.3 BOARD OF ADJUSTMENT/APPEALS ....................................................................28 7.4 TO REVIEW APPEALS OF PERMIT DENIALS .......................................................31 7.5 FLOODPROOFING STANDARDS FOR NONCONFORMING STRUCT./USES ......32 7.6 PUBLIC INFORMATION ..........................................................................................33 8.0 AMENDMENTS .............................................................................................................33 8.1 GENERAL ...............................................................................................................33 8.2 PROCEDURES (Ord. #1310 02-04-2010) ...............................................................34 9.0 ENFORCEMENT AND PENALTIES ..............................................................................35 2 10.0 DEFINITIONS ...............................................................................................................35 2 CITY OF MUSKEGO CHAPTER 14 - FLOODPLAIN ZONING ORDINANCE (Ord. #____ – Date) 1.0 STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE AND GENERAL PROVISIONS. 1.1 STATUTORY AUTHORIZATION This zoning ordinance is adopted pursuant to the authorization in ss. 61.35 and 62.23, for villages and cities; 59.69, 59.692 and 59.694 for counties; and s. 87.30, Wis. Stats. 1.2 FINDING OF FACT Uncontrolled development and use of the floodplains, and rivers or streams of this municipality would impair adversely affect the public health, safety, convenience, general welfare, and impair the tax base. 1.3 STATEMENT OF PURPOSE ToThis ordinance is intended to regulate floodplain development to: in flood hazard areas to protect life, health and property the governing body does ordain: The purpose of these rules is to provide a uniform basis for the preparation, implementation and administration of sound floodplain regulations for all floodplains within the municipality to: (1) Protect life, health and property; (2) Minimize expenditures of public funds monies for costly flood control projects; (3) Minimize rescue and relief efforts, generally undertaken at the expense of the taxpayers paying public; (4) Minimize business interruptions and other economic disruptions, which usually result in the loss of local incomes; (5) Minimize damage to public facilities in on the floodplains such as water mains, sewer lines, streets and bridges; (6) Minimize the occurrence of future flood blight areas on in the floodplains; (7) Discourage the victimization of unwary land and homebuyers; (7)(8) Prevent increases in regional flood heights that could increase flood damage and may result in conflicts or litigation between property owners.; and (8) Discourage the victimization of unwary land and homebuyers (9) Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain. 1 1.4 TITLE This ordinance shall be known as the Floodplain Zoning Ordinance for the City of Muskego, Wisconsin. 1.5 GENERAL PROVISIONS (1) AREAS TO BE REGULATED This ordinance regulates all areas that would be covered by the regional flood or base flood as shown on the Flood Insurance Rate Map (FIRM) or other maps approved by the DNR. Note: Base flood elevations are derived from the flood profiles in the Flood Insurance Study (FIS) and are shown as AE, A1-30, and AH Zones on the FIRM. Other regulatory zones are displayed as A and AO zones. Regional fFlood eElevations (RFE) may be derived from other studies. If more than one map or revision is referenced, the most restrictive information shall apply. Areas covered by the base flood are identified as A-Zones on the Flood Insurance Rate Map. (2) OFFICIAL MAP & REVISIONS (Ord. #1323 - 7-01-2010) The boundaries of all floodplain districts are designated as A, AE, AH, AO or A1- 30 on the maps based on the Flood Insurance Study (FIS) listed below. floodplains or A-Zones on the maps listed below and the revisions in the City of Muskego Floodplain Appendix. Any change to the base flood elevations (BFE) or any changes to the boundaries of floodplain or floodway in the Flood Insurance Study (FIS) or on the Flood Insurance Rate Map (FIRM) must be reviewed and approved by the DNR and FEMA through a Letter of Map Change process (see s. 8.0 Amendments) before it is effective. No changes to regional flood elevations (RFE's) on non-FEMA maps shall be effective until approved by the DNR. These maps and revisions are on file in the office of the PlanningCommunity Development Department, City of Muskego. If more than one map or revision is referenced, the most restrictive information shall apply. (Ord. #1288 - 12-24-2008) OFFICIAL MAPS: Based on FIS (a) OFFICIAL MAPS : Based on the FIS: 1. Flood Insurance Rate Map (FIRM), panel numbers 55133C0339F, 55133C0342F, 55133C0343F, 55133C0344F, 55133C0361F, 55133C0362F, 55133C0363F, 55133C0364F, 55133C0452F, 55133C0454F, 55133C0456F, 55133C0457F, 55133C0458F, 55133C0459F, 55133C0476F, 55133C0477F, and 55133C0478F dated November 19, 2008; with corresponding profiles that are based on the Flood Insurance Study (FIS) dated February 19, 2014November 19, 2008, volume numbers 55133CV001AB, 55133CV002B, and 55133CV003B-003A; Approved by: The DNR and FEMA (b) 2. Letter of Map Revision (LOMR) updating the Special Flood Hazard Area boundaries along the Unnamed Tributary to Muskego 2 Canal on the FIRM maps for panel numbers 55133C0343F and 55133C0344F, effective as of September 30, 2009. Approved by: The DNR and FEMA (c) 3. Letter of Map Revision based upon Fill (LOMR-F), Case No. 10-05-2842A, updating the Special Flood Hazard Area boundaries along the Quietwood Creek on Lots 10-15 within the Northfield Green Subdivision on the FIRM maps for panel number 55133C0361F, effective as of April 8, 2010. Approved by: The DNR and FEMA (b) OFFICIAL MAPS: Based on other studies. In addition thereto; (d) 1. The boundary of the floodplain districts including the floodway, floodfringe and other floodplain districts, for the area south of the Little Muskego Lake Dam are those areas designated as floodplain and floodway along the Muskego Canal on the following map: 100 Year Floodplain/Floodway Muskego Canal prepared by Ruekert & Mielke, the City’s consulting engineers. This map, dated February 1998, is the official Floodplain Zoning Map and has been approved by the Department of Natural Resources, and is on file in the office of the Clerk-Treasurer. (Ord. #945 - 03-05-98) 2. (e) The boundary of the floodplain districts including the floodway, floodfringe and other floodplain districts, are those areas designated as floodplain districts on a map prepared by Pioneer Engineering and Surveying. This map, dated May 14, 1993, is the official Floodplain Zoning Map and has been approved by the Department of Natural Resources, and is on file in the office of the City Clerk. (Ord. #806 - 08-05-93) 3. (f) The boundary of the floodplain district including the floodway, floodfringe and other floodplain districts for areas within the boundaries of a parcel described as Tax Key Numbers 2174.112, 2174.114, and 2174.178 are those areas as designated as floodplain districts on a map prepared by Ruekert and Mielke Inc. The boundary of the floodplain district including the floodway, floodfringe, and other floodplain districts for the areas excluded from the boundaries of a parcel described as Tax Key Numbers 2174.195, 2174.109.001 and 2174.945 as those areas designated to be outside of this floodplain district or A-Zones on a map prepared by Ruekert and Mielke Inc. This map, dated November 14, 2000, and further updated on March 27. 2001, is the official Floodplain Zoning Map and has been approved by the Department of Natural Resources, and is on file in the Office of the Clerk-Treasurer. (Ord. #1032 – 11-22-2000) 3 (g) 4. Flood Storage Maps for Waukesha County, panel numbers 9 and 10, dated November 19, 2008. Approved and prepared by the DNR. (Ord. #1310 – 02-04-2010) (3) ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS The regional floodplain areas are hereby divided into three districtsfour districts defined in s. 10.1 and as follows: (a) The Floodway District (FW), consists of is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood waters and are contained within AE Zones as shown on the FIRM. (b) The Floodfringe District (FF) consists of is that portion of the floodplain between the regional flood limits and the floodway and displayed as AE Zones as shown on the FIRM. (c) The General Floodplain District (GFP) consists of all areas which have been or may be hereafter is those areas that may be covered by flood water during the regional flood and does not a BFE or floodway boundary determined, including A, AH and AO zones on the FIRM. It included both the floodway and floodfringe districts. (d) The Flood Storage District (FSD) is that area of the floodplain where storage of floodwaters is calculated to reduce the regional flood discharge. (Ord. #1310 – 02-04-2010) (4) LOCATING FLOODPLAIN BOUNDARIES Discrepancies between boundaries on the official floodplain zoning map and actual field conditions shall be resolved using the criteria in subd. paragraphs (a) or (b) below. If a significant difference exists, the map shall be amended according to s. 8.0 Amendments. The zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The zoning administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined and for initiating any map amendments required under this section. Disputes between the zoning administrator and an applicant over the district boundary line shall be settled according to s. 7.3(3) and the criteria in (a) and (b) below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendments or revisions pursuant to s. 8.0 Amendments. (a) If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies. (b) Where flood profiles do not exist for projects, the location of the boundary shall be determined by the map scale., visual on-site inspection and any information provided by the Department. 4 Note: Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must also approve any map amendment pursuant to s. 8.1 (6). (5) REMOVAL OF LANDS FROM FLOODPLAIN Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to s. 8.0 Amendments. Note: This procedure does not remove the requirements for the mandatory purchase of flood insurance. The property owner must contact FEMA to request a Letter of Map Change (LOMC). (6) COMPLIANCE Any development or use within the areas regulated by this ordinance shall be in compliance with the terms of this ordinance, and other applicable local, state, and federal regulations. (7) MUNICIPALITIES AND STATE AGENCIES REGULATED Unless specifically exempted by law, all cities, villages, towns and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if s. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation are exempt when s. 30.2022, Stats., applies. (8) ABROGATION AND GREATER RESTRICTIONS (a) This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under s. 59.69, 59.692 or 59.694 for counties; s. 62.23 for cities; or s. 61.35 for villages; or s. 87.30, Wis. Stats., which relate floodplains. If another ordinance is more restrictive than this ordinance, thatA more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. (b) This ordinance is not intended to repeal, abrogate or impair any existing deed restrictions, convents or easements. However, where thisIf this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. (9) INTERPRETATION In their interpretation and application, the provisions of this ordinance shall be held to be minimum requirements liberally construed in favor of the governing body, and shall not be deemed not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date 5 of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance. (10) WARNING AND DISCLAIMER OF LIABILITY The flood protection standards in this ordinance are based on engineering experience and scientific research. Larger floods may occur or the flood height may be increased by man-made or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. NorThe ordinance does not this ordinance create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance. (11) SEVERABILITY Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. (12) ANNEXED AREAS FOR CITIES AND VILLAGES The Waukesha County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all areas annexed by the municipality until the municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116, Wis. Adm. Code and 44 CFR 59-72, the National Flood Insurance Program (NFIP). These annexed lands are described on the municipality’s official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the location of the floodway location. (13) GENERAL DEVELOPMENT STANDARDS The community shall review all permit applications to determine whether the proposed building sites will be reasonably safe from flooding. If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall be designed or modified and adequately anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with materials resistant to flood damage; be constructed by methods and practices that minimize flood damages; and be constructed with electrical, heating, ventilation, plumbing, and air conditioning equipment and other service facilities designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (Including manufactures home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance. 2.0 GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICT The community shall review all permit applications to determine whether the proposed building sites will be reasonably safe from flooding. If a proposed building site is in a 6 flood-prone area, all new construction and substantial improvements shall be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads; be constructed with flood-resistant materials; be constructed to minimize flood damages and to ensure that utility and mechanical equipment is designed and/or located so as to prevent water from entering or accumulation within the equipment during conditions of flooding. Subdivisions shall be reviewed for compliance with the above standards. All subdivision proposals (Including manufactures home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in s. 7.1(2). Adequate drainage shall be provided to reduce exposure to flood hazards and all public utilities and facilities, such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damages. 2.1 HYDRAULIC AND HYDROLOGIC ANALYSES (1) Except as allowed in par. (3) below, nNo floodplain development shall: (a) Obstruct flow, defined as any development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the increasing regional flood height; or (b) Increasing Cause any increase in the regional flood height due to floodplain storage area lost., which equals or exceeds 0.01 foot; (2) The zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or increase in the regional flood heights of 0.01 foot or more, based on the officially adopted FIRM or other adopted map, unless the provisions of s. 8.0 Amendmentssub. (3) are met. (2) Obstructions or increases equal to or greater that 0.01 foot may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 8.0. 2.2 WATERCOURSE ALTERATIONS No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of s. 2.1 must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained. The flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation, the zoning administrator shall notify FEMA of the changes by submitting appropriate technical or scientific data in accordance with NFIP guidelines that shall be used to revise the FIRM, risk premium rates and floodplain management regulations as required. 2.3 CHAPTER 30, 31, WIS. STATS., DEVELOPMENT Development which required a permit from the Department of Natural Resources, under chs. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams and navigational aids, may be allowed provided the necessary local permits are obtained 7 and necessary amendments to the official floodway lines, water surface profiles, BFE's established in the FIS, or other data from the officially adopted FIRM, or other floodplain zoning maps or floodplain zoning ordinance, are made according to s. 8.0 Amendments. 2.4 PUBLIC OR PRIVATE CAMPGROUNDS Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions: (1) The campground is approved by the Department of Health and Family Services;. (2) A land use permit for the campground is issued by the zoning administrator;. (3) The character of the river system and the elevation are of the campground is such that a 72-hour warning of an impending flood can be given to all campground occupants;. (4) There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation;. (5) This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated - by the officials identified in sub. (4) - to remain in compliance with all applicable regulations, including those of the state dDepartment of hHealth and family sServices and all other applicable regulations;. (6) Only camping units that are fully licensed, if required, and ready for highway use are allowed;. (7) The camping units mayshall not occupy any site in the campground for more than 180 consecutive days, at which time the camping unit must be removed from the floodplain for a minimum of 24 hours;. (8) All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit for a period not to exceed 180 days and shall ensure compliance with all the provisions of this section;. (9) The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section;. (10) All camping units that remain in place for more than 180 consecutive days must meet the applicable requirements in either s. 3.0, or s. 4.0 or 5.0 for the floodplain district in which the structure is located;. (11) The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued;. and 8 (12) All service facilities, including but not limited to refuse collection, electrical service, natural gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation. 3.0 FLOODWAY DISTRICT (FW) 3.1 APPLICABILITY The section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to s. 5.41(4). (Ord. #1310 – 02-04-2010) 3.2 PERMITTED USES The following open space uses are allowed in the fFloodway dDistrict and the floodway areas portion of the gGeneral fFloodplain dDistrict, providingif: - they are not prohibited by any other ordinance; - they meet the standards in s. 3.3 and 3.4; and - all permits or certificates have been issued according to s. 7.1: (1) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture and wild crop harvesting. (2) Nonstructural industrial and commercial uses, such as loading areas, parking areas, and airport landing strips. (3) Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas, and hiking and horseback riding trails, subject to fill limitations of s. 3.3(4). (4) Uses or structures accessory to open space uses, or classified as historic structures that comply with ss. 3.3 and 3.4. (5) Extraction of sand, gravel or other materials according to s. 3.3(4). (6) Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines, according to chs. 30 and 31, Stats. (7) Public utilities, streets and bridges, according to s. 3.3(3). 3.3 STANDARDS FOR DEVELOPMENTS IN THE FLOODWAY AREAS (1) GENERAL (a) Any development in the floodway areas shall comply with s. 2.0 and have low flood damage potential. (b) Applicants shall provide the following data to determine the effects of the proposal according to s. 2.1: 9 1. A cross-section elevation view of the proposal, perpendicular to the watercourse, showing indicating whether if the proposed development will obstruct flow; or 2. An analysis calculating the effects of this proposal on regional flood height. (c) The zoning administrator shall deny the permit application where it is determined if the project will cause any increase in the flood elevations upstream or downstream 0.01 foot or more, based on the data submitted for subd. par. (b), above. (2) STRUCTURES Structures accessory to permanent open space uses or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria: (a) The structure is nNot designed for human habitation, and does not have a high flood damage potential and is constructed to minimalize flood damage;. (a)(b) Shall have a minimum of two openings on different walls having a total net area not less than one square inch for every square foot of enclosed area, and the bottom of all such openings being no higher than one foot above grade. The openings shall be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (b)(c) It mMust be anchored to resist flotation, collapse, and lateral movement; (c)(d) Mechanical and utility equipment must be elevated or flood proofed to or above the flood protection elevation Regional Flood Elevation; and (d)(e) It must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the Rregional Fflood. (3) PUBLIC UTILITIES, STREETS, AND BRIDGES Public utilities, streets and bridges may be allowed by permit, provided thatif: (a) Adequate floodproofing measures are provided to the flood protection elevation; and (b) Construction meets the development standards of s. 2.1. (4) FILLS OR DEPOSITION OF MATERIALS Fills or deposition of materials may be allowed by permit, if: (a) The requirements of s. 2.1 are met; 10 (b) No material is deposited in the navigable waters channel unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and the other requirements of this section are met; (c) The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and (d) The fill is not classified as a solid or hazardous material. 3.4 PROHIBITED USES All uses not listed as permitted uses in s. 3.2 are prohibited including the following uses: (1) Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses; (2) Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life; (3) Uses not in harmony with or detrimental to uses permitted in the adjoining districts; (4) Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department- approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383COMM 83, Wis. Adm. Code. (5) Any public or private wells, which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code; (6) Any solid or hazardous waste disposal sites; (7) Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; and (8) Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway, which complies with the regulations for the floodplain area occupied. 4.0 FLOODFRINGE DISTRICT (FF) 4.1 APPLICABILITY This section applies to all floodfringe area shown on the floodplain zoning maps and those identified pursuant to s. 5.4.1(4). (Ord. #1310 – 02-04-2010) 4.2 PERMITTED USES Any structure, land use, or development is allowed in the fFloodfringe dDistrict if the standards in s. 4.3 are met, the use is not prohibited by this or any other ordinance or regulation and all permits or certificates specified in s. 7.1 have been issued. 11 4.3 STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE AREAS S. 2.1 shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of s. 6.0 Nonconforming Uses; (1) RESIDENTIAL USES Any habitable structure, including a manufactured home, which is to be erected, newly constructed, reconstructed, altered, or moved into the floodfringe, area shall meet or exceed the following standards.; Any existing structures in the floodfringe must meet the requirements of s. 6.0 Nonconforming Uses; (a) The elevation of the lowest floor excluding the basement or crawlway, shall be at or above the flood protection elevation on fill unless the requirements of s. 4.3(1)(b) can be met. The fill shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. The Department may authorize other floodproofing measures if the elevations of existing streets or sewer lines makes compliance with the fill standards impractical; (b) The basement or crawlway floor may be placed at the regional flood elevation if it is dry floodproofed to the flood protection elevation. No basement or crawlway floor is allowed below the regional flood elevation; (c) Contiguous dry land access shall be provided from a structure to land outside of the floodplain, except as provided in subd.par. (d). (d) In developments where existing streets or sewer line elevations make compliance with subd.par. (c) impractical, the municipality may permit new development and substantial improvements where access roads are at or below the regional flood elevation, if: 1. The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or 2. The municipality has a DNR-approved emergency evacuation plan. natural disaster plan approved by Wisconsin Emergency Management and the Department. (2) ACCESSORY STRUCTURES OR USES Accessory structures shall be constructed on fill with the lowest flood at or above the regional flood elevation. (a) Except as provided in par. (b), an accessory structure which is not connected to a principal structure may be constructed with its lowest floor at or above the Regional Flood Elevation. (b) An accessory structure which is not connected to the principal structure and which is less than 600 square feet in size and valued at less than $10,000 may be constructed with its lowest floor no more than two feet below the regional flood elevation if it is subject to flood velocities of no more than two feet per second and that it meets all of the provisions of Sections 3.3 (2) (a), (b), (c) and (d), and 4.3 (5) below. 12 (3) COMMERCIAL USES : Any commercial structure which is erected, altered or moved into the floodfringe area shall meet the requirements of s. 4.3(1). Subject to the requirements of S. 4.3(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (4) MANUFACTURING AND INDUSTRIAL USES: Any manufacturing or industrial structure which is erected, altered or moved into the floodfringe area shall have the lowest floor elevated to or above be protected to the flood protection elevation or meet the floodproofing standards in s. 7.5. using fill, levees, floodwalls, or other flood proofing measures in s. 7.5. Subject to the requirements of s. 4.3(5) , storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (5) STORAGE OF MATERIALS: Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with s. 7.5. Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding. (6) PUBLIC UTILITIES, STREETS AND BRIDGES: All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and (a) When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of and substantial improvements toof such facilities shall may only be permitted if they are designed to comply floodproofed in compliance with s. 7.5. to the flood protection elevation; (b) Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation. (7) SEWAGE SYSTEMS : All on-site sewage disposal systems shall be designed to minimize or eliminate infiltration of flood waters into the system floodproofed, pursuant to s. 7.5(3), to the flood protection elevation and shall meet the provisions of all local ordinances and ch. SPS 383COMM 83, Wis. Adm. Code. (8) WELLS: All wells shall be designed to minimize or eliminate infiltration of flood waters into the system floodproofed, pursuant to s. 7.5(3), to the flood protection elevation and shall meet the applicable provisions of chs. NR 811 and NR 812, Wis. Adm. Code. (9) SOLID WASTE DISPOSAL SITES: Disposal of solid or hazardous waste is prohibited in floodfringe areas. (10) DEPOSITION OF MATERIALS: Any deposited materials must meet all the provisions of this ordinance. 13 (11) MANUFACTURED HOMES (a) Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities. (b) In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall: 1. have the lowest floor elevated to the flood protection elevation; and 2. be anchored so they do not float, collapse or move laterally during a flood. (c) Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in s. 4.3(1). (12) MOBILE RECREATIONAL VEHICLES All mobile recreational vehicles that are on site for 180 consecutive days or more or are not fully licensed and ready for highway use shall meet the elevation and anchoring requirements in s. 4.3 (11)(b) and (c). A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions. 5.0 OTHER FLOODPLAIN DISTRICT (Ord. #1310 - 02-04-2010) Other floodplain districts may be established under the ordinance and reflected on the floodplain zoning map. These districts may include general floodplain districts and flood storage districts. 5.1 GENERAL FLOODPLAIN DISTRICT (GFP) (Ord. #1310 - 02-04-2010) (1) APPLICABILITY The provisions for this district shall apply to all floodplains mapped as A, AO or AH zones. for which flood profiles are not available or where flood profiles are available but floodways have not been delineated. Floodway and floodfringe districts shall be delineated when adequate data is available. (2) PERMITTED USES Pursuant to s. 5.1(4), it shall be determined whether the proposed use is located within a floodway or floodfringe area. Those uses permitted in fFloodway (s. 3.2) and fFloodfringe areas (s. 4.2) Districts are allowed within the gGeneral fFloodplain dDistrict, according to the 14 standards of s. 5.31(3), provided that all permits or certificates required under s. 7.1 have been issued. (3) STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT S. 3.0 applies to floodway areas, s. 4.0 applies to floodfringe areas. The rest of this ordinance applies to either district. (a) In AO/AH Zones the structure’s lowest floor must meet one of the conditions listed below whichever is higher: 1. at or above the flood protection elevation; or 2. two (2) feet above the highest adjacent grade around the structure; or 3. the depth as shown on the FIRM. (a)(b) In AO/AH zones, provided plans showing adequate drainage paths to guide floodwater around structure. (4) DETERMINING FLOODWAY AND FLOODFRINGE LIMITS Upon receiving an application for development within the general floodplain district, the zoning administrator shall: (a1) Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures; and the flood zone as shown on the FIRM. (b2) Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries.: (1.a) A Hydrologic and Hydraulic Study as specified in s. 7.1(2)(c).A typical valley cross-section showing the channel of the stream, the floodplain adjoining each side of the channel, the cross-sectional area to be occupied by the proposed development, and all historic high water information; (2.b) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location and layout spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information; (c) Profile showing the slope of the bottom of the channel or flow line of the stream; 15 (3.d) Specifications for building construction and materials, flood proofing, filling, dredging, channel improvement, storage of materials, water supply and sanitary facilities. (3) Transmit one copy of the information described in pars. (1) and (2) to the Department Regional office along with a written request for technical assistance to establish regional flood elevations and, where applicable, floodway data. Where the provisions of s. 7.1(2)(c) apply, the applicant shall provide all required information and computations, to delineate floodway boundaries and the effects of the project on flood elevations. 5.2 FLOOD STORAGE DISTRICT (Ord. #1310 - 02-04-2010) The flood storage district delineates that portion of the floodplain where storage of floodwaters has been taken into account and is relied upon to reduce the regional flood discharge. The district protects the flood storage areas and assures that any development in the storage areas will not decrease the effective flood storage capacity, which would cause higher flood elevations. (1) APPLICABILITY The provisions of this section apply to all areas within the Flood Storage District (FSD), as shown on the official floodplain zoning maps. (2) PERMITTED USES Any use or development which occurs in a flood storage district must meet the applicable requirements in s. 4.3. (3) STANDARDS FOR DEVELOPMENT IN FLOOD STORAGE DISTRICTS (a) Development in a flood storage district shall not cause an increase equal or greater than 0.001 of a foot in the height of the regional flood. (b) No development shall be allowed which removes flood storage volume unless an equal volume of storage as defined by the pre-development ground surface and the regional flood elevation shall be provided in the immediate area of the proposed development to compensate for the volume of storage which is lost, (compensatory storage). Excavation below the groundwater table is not considered to provide an equal volume of storage. (c) If compensatory storage cannot be provided, the area may not be developed unless the entire area zoned as flood storage district – on this waterway – is rezoned to the floodfringe district. This must include a revision to the floodplain study and map done for the waterway to revert to the higher regional flood discharge calculated without flood plain storage, as per s. 8.01 Amendments of this ordinance. (d) No area may be removed from the flood storage district unless it can be shown that the area has been filled to the flood protection elevation and is contiguous to other lands lying outside of the floodplain. 16 6.0 NONCONFORMING USES 6.1 GENERAL (1) APPLICABILITY If these standards conform with s. 59.69(10), Stats., for counties or s. 62.23(7)(h), Stats., for cities and villages, they shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. (2) The existing lawful use of a structure or building or its accessory use, which is not in conformity with the provisions of this ordinance, may continue subject to the following conditions: (a) No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words “modification” and “addition” include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Ordinary mMaintenance repairs areis not considered an extension, modification or addition; thesethis includes painting, decorating, paneling and the replacement of doors, windows and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Ordinary maintenance repairs do not include aAny costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure. (b) If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance; (c) The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent; (d) No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 4.3(1). The costs of elevating the lowest floor of a nonconforming 17 building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph; (e) No maintenance to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 4.3(1). (f) If on a per event basis the total value of the work being done under (d) and (e) equals or exceeds 50% of the present equalized assessed value the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 4.3(1). (g) Except as provided in subd. (h), if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure’s present equalized assessed value. (e)(h) For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, provided that the minimum federal code requirements below are met and all required permits have been granted prior to the start of construction. 1. Residential Structures a. Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts or perimeter walls. Perimeter walls must meet the requirements of s. 7.5(2). b. Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy and shall be constructed with methods and materials resistant to flood damage. c. Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding. d. In A Zones, obtain, review and utilize any flood data available from a federal, state or other source. 18 e. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 5.3(1). f. In AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure. 2. Non-Residential Structures a. Shall meet the requirements of s. 6.1(2)(h)1a-b and e-g. b. Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in s. 7.5(1) or (2). c. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 5.3(1). (e) 1. Except as provided in subd. 2., if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure’s present equalized assessed value. 2. For nonconforming buildings that are damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building may be permitted in order to restore it after the nonflood disaster, provided that the nonconforming building will meet all of the minimum requirements under 44 CFR Part 60, or under the regulations promulgated thereunder. (3f) A nonconforming historic structure may be altered if the alteration will not preclude the structures continued designation as a historic structure, the alteration will comply with s. 3.3 (1), flood resistant materials are used, and construction practices and floodproofing methods that comply with s. 7.5 are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of s. 6.1(2)(h)1if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure. 6.2 FLOODWAY DISTRICTAREAS (1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in a fFloodway Districtarea, unless such modification or addition: (a) Has been granted a permit or variance which meets all ordinance requirements; (b) Meets the requirements of s. 6.1; 19 (c) ShallWill not increase the obstruction to flood flows or regional flood height; (d) Any addition to the existing structure shall be floodproofed, pursuant to s. 7.5, by means other than use of fill, to the flood protection elevation; and (e) If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply: 1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade; 2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials; 3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and 4. The use must be limited to parking, building access or and limited to storage. (2) No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in a fFloodway Districtarea. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, s.7.5(3) and ch. SPS 383 COMM 83, Wis. Adm. Code. (3) No new well or modification to an existing well used to obtain potable water shall be allowed in thea fFloodway Districtarea. Any replacement, repair, or maintenance of an existing well in thea fFloodway Districtarea shall meet the applicable requirements of all municipal ordinances, s. 7.5(3) and chs. NR 811 and NR 812, Wis. Adm. Code. 6.3 FLOODFRINGE DISTRICTAREAS (1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted a permit or variance by the municipality, and meets the requirements of and the modification or addition shall be placed on fill or floodproofed to the flood protection elevation in compliance with the standards for that particular use in s. 4.3, except where s. 6.3(2) is applicable. (2) Where compliance with the provisions of subd.par. (1) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Adjustment/Appeals, using the procedures established in s. 7.3, may grant a variance from those provisions of subd.par. (1) for modifications or additions, 20 using the criteria listed below. Modifications or additions, which are protected to elevations, lower than the flood protection elevation may be permitted if provided: (a) No floor is allowed below the regional flood elevation for residential or commercial structures; (b) Human lives are not endangered; (c) Public facilities, such as water or sewer, willshall not be installed; (d) Flood depths will not exceed two feet; (e) Flood velocities will not exceed two feet per second; and (f) The structure will not be used for storage of materials described in s. 4.3(56). (3) If neither the provision of par. (1) nor (2) above can be met, one addition to a room in a nonconforming building or a building with a nonconforming use may be allowed in the floodfringe, if the addition: (a) Meets all other regulations and will be granted by permit or variance; (b) Does not exceed 60 square feet in area; and (c) In combination with other previous modifications or additions to the building, does not equal or exceed 50% of the present equalized assessed value of the building. (3) All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, s. 7.5(3) and ch. SPS 383 COMM 83, Wis. Adm. Code. (45) All new wells, or addition to, replacement, repair or maintenance of a well shall meet the applicable provisions of this ordinance, s. 7.5(3) and ch. NR 811 and NR 812, Wis. Adm. Code. 6.4 FLOOD STORAGE DISTRICTAREAS (Ord. #1310 - 02-04-2010) No modifications or additions shall be allowed to any nonconforming structure in a flood storage area unless the standards outlined in 5.2(3) are met. 7.0 ADMINISTRATION Where a zoning administrator, planning agency or a board of adjustment/appeals has already been appointed to administer a zoning ordinance adopted under ss. 59.69, 59.692 or 62.23(7), Stats., these officials shall also administer this ordinance. 7.1 ZONING ADMINISTRATOR (1) DUTIES AND POWERS The zoning administrator is hereby authorized to administer this ordinance the provisions of this ordinance and shall have the following duties and powers: 21 (a) Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications. (b) Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate. (cbm) Inspect and assess all damaged floodplain structures and perform a substantial damage assessment to determine if substantial damage to the structures has occurred. (dc) Keep records of all official actions such as: 1. All permits issued, inspections made, and work approved; 2. Documentation of certified lowest floor and regional flood elevations for floodplain development; 3. Floodproofing certificates. 43. Records of wW ater surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments. 54. All substantial damage assessment reports for floodplain structures. 6. List of nonconforming structures and uses. (ed) Submit copies of the following items to the Department Regionaldistrict office: 1. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments; 2. Copies of any case-by-case analyses, and any other required information required by the Department including an annual summary of the number and types of floodplain zoning actions taken. 3. Copies of substantial damage assessments performed and all related correspondence concerning the assessments. (f) Investigate, prepare reports, and report violations of this ordinance to the appropriate municipal zoning agency and attorney for prosecution. Copies of the violation reports shall also be sent to the Department RegionalDistrict office. (g) Submit copies of text and map amendments and biennial reports to the FEMA rRegional office. (2) LAND USE PERMIT 22 A land use permit shall be obtained before any new development; or any repair, modification or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the zoning administrator shall include: (a) GENERAL INFORMATION 1. Name and address of the applicant, property owner and contractor; 2. Legal description, proposed use, and whether it is new construction or a modification; (b) SITE DEVELOPMENT PLAN A site plan drawn to scale shall be submitted with the permit application form and shall contain: 1. Location, dimensions, area and elevation of the lot; 2. Location of the ordinary highwater mark of any abutting navigable waterways; 3. Location of any structures with distances measured from the lot lines and street center lines; 4. Location of any existing or proposed on-site sewage systems or private water supply systems; 5. Location and elevation of existing or future access roads; 6. Location of floodplain and floodway limits as determined from the official floodplain zoning maps; 7. The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study - either National Geodetic Vertical Datum (NGVD) or nNorth American Vertical Datum (NAVD); 8. Data sufficient to determine the regional flood elevation in MNGVD or NAVD at the location of the development and to determine whether or not the requirements of s. 3.0 or 4.0 are met. 9. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to s. 2.1. This may include any of the information noted in s. 3.3(1). (c) HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENTDATA REQUIREMENTS TO ANALYZE DEVELOPMENTS All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study 23 contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department. 1. Zone A Floodplains a. Hydrology i. The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. b. Hydraulic Modeling The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: i. Determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study. ii. channel sections must be surveyed. iii. minimum four foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping. iv. a maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location. v. the most current version of HEC_RAS shall be used. vi. a survey of bridge and culvert openings and the top of road is required at each structure. vii. additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet. viii. standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning’s N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high water marks to determine the reasonableness of the model results. If no historical data is available, adequate justification shall be provided for any parameters outside standard accepted engineering practices. ix. the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference 24 between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet. c. Mapping A work map of the reach studied shall be provided, showing all cross section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway. i. If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation. ii. If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided. 2. Zone AE Floodplains a. Hydrology If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. b. Hydraulic Model The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: i. Duplicate Effective Model The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot. ii. Corrective Effective Model The Corrected Effective Model shall not include any man- made physical changes since the effective model date, but shall import the model into the most current version of HEC- RAS for Department review. 25 iii. Existing (Pre-Project Conditions) Model The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to-date models on which to base the Revised (Post-Project) Model. iv. Revised (Post-Project Conditions) Model The Revised (Post-Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions. v. All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes. vi. Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and topwidths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated. c. Mapping Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions: i. Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans. ii. Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised. iii. Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries. iv. If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) projection and State Plane Coordinate System in accordance with FEMA mapping specifications. v. The revised floodplain boundaries shall tie into the effective 26 floodplain boundaries. vi. All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme. vii. Both the current and proposed floodways shall be shown on the map. viii. The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map. 1. The applicant shall provide all survey data and computations required to show the effects of the project on flood heights, velocities and floodplain storage, for all subdivisions proposals, as “subdivision” is defined in s. 236 Stats., and other proposed developments exceeding 5 acres in area or where the estimated cost exceeds $125,000. The applicant shall provide: a. An analysis of the effect of the development on the regional flood profile, velocity of flow and floodplain storage capacity; b. A map showing location and details of vehicular access to lands outside the floodplain; and c. A surface drainage plan showing how flood damage will be minimized. The estimated cost of the proposal shall include all structural development, landscaping improvements, access and road development, electrical and plumbing, and similar items reasonably applied to the overall development costs, but need not include land costs. (d) EXPIRATION All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. 1 year from the date of issuance. (3) CERTIFICATE OF COMPLIANCE No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, rebuilt or replaced shall be occupied, until a certificate of compliance is issued by the zoning administrator, except where no permit is required, subject to the following provisions: (a) The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance; (b) Application for such certificate shall be concurrent with the application for a permit; (c) If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completeted; 27 (d) The applicant shall submit a certification signed by a registered professional engineer or registered land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or registered architect that floodproofing adequacy meets the requirements of s. 7.5 are met. (4) OTHER PERMITS Prior to obtaining a floodplain development permit Tthe applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act, aAmendments of 1972, 33 U.S.C. 13344. 7.2 ZONING AGENCY (1) The City of Muskego Plan cCommission shall: (a) oversee the functions of the office of the zoning administrator; and (b) review and make recommendations to the Governing body on all proposed amendments to this ordinance, maps and text. (2) This zoning agency The City of Muskego Plan Commission shall not: (a) grant variances to the terms of the ordinance in place of action by the Board of Adjustment/Appeals; or (b) amend the text or zoning maps in place of official action by the Governing body. 7.3 BOARD OF ADJUSTMENT/APPEALS The Board of Adjustment/Appeals, created under s. 59.694, Stats., for counties or s. 62.23(7)(e), Stats., for cities or villages, is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The zoning administrator shallmay not be the secretary of the Board. (1) POWERS AND DUTIES: The Board of Adjustment/Appeals shall: (a) Appeals - Hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance;. (b) Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map;. and (c) Variances - Hear and decide, upon appeal, variances from the ordinance standards. 28 (2) APPEALS TO THE BOARD (a) Appeals to the Board may be taken by any person aggrieved, or by any officer, or department of the, Board or bureau of the municipality affected by any decision of the zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise as provided by the rules of the Board, by filing with the official whose decision is in question, and with the Board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the Board all records regarding the the papers constituting the record concerning the matter appealed. (b) NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES 1. Notice - The Board shall: a. Fix a reasonable time for the hearing; b. Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place and subject of the hearing; and c. Assure that notice shall be mailed to the parties in interest and the Department Regional district office of the Department atoffice at least 10 days in advance of the hearing. 2. Hearing - Any party may appear in person or by agent. The Board shall: a. Resolve boundary disputes according to s. 7.3(3); b. Decide variance applications according to s. 7.3(4); and c. Decide appeals of permit denials according to s. 7.4. (c) DECISION: The final decision regarding the appeal or variance application shall: 1. Be made within a reasonable time; 2. Be sent to the Department Regional district office of the Department within 10 days of the decision; 3. Be a written determination signed by the chairman or secretary of the Board; 4. State the specific facts, which are the basis for the Board’s decision; 5. Either affirm, reverse, vary or modify the order, requirement, decision or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; 29 6. Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings. (3) BOUNDARY DISPUTES The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries: (a) If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. for the point in question shall be the governing factor in locating the district boundary. If none exist, other evidence may be examined;. (b) In all cases, tThe person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board;. and (c) If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location of the boundary to petition the governing body for a map amendment according to s. 8.0 Amendments. (4) VARIANCE (a) The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that: 1. Literal enforcement of the ordinance provisions will cause unnecessary hardship; 2. The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended; 3. Such variance is not contrary to the public interest; and 4. Such variance is consistent with the purpose of this ordinance stated in s. 1.3. (b) In addition to the criteria in subd.par. (a), to qualify for a variance under FEMA regulations, the following criteria must be met: 1. The variance shallmay not cause any increase in the regional flood elevation; 2. Variances can only be granted for lots that are less than one-half acre and are contiguous to existing structures constructed below the RFE; and 3. Variances shall only be granted upon a showing of good and sufficient cause, shall be the minimum relief necessary, shall not cause increased risks to public safety or nuisances, shall not 30 increase costs for rescue and relief efforts and shall not be contrary to the purpose of the ordinance. (c) A variance shall not: 1. Grant, extend or increase any use of property prohibited in the zoning district;. 2. Be granted for a hardship based solely on an economic gain or loss;. 3. Be granted for a hardship which is self-created;. 4. Damage the rights or property values of other persons in the area;. 5. Allow actions without the amendments to this ordinance or map(s) required in s. 8.01 Amendments;. and 6. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure. (d) When a floodplain variance is granted the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums and risks to life and property could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record. 7.4 TO REVIEW APPEALS OF PERMIT DENIALS (1) The Zoning Agency (s. 7.2) or Board shall review all data related to the appeal. This may include: (a) Permit application data listed in s. 7.1(2);. (b) Floodway/floodfringe determination data in s. 5.41(4);. (Ord. #1310 02- 04-2010) (c) Data listed in s. 3.3(1)(b) where the applicant has not submitted this information to the zoning administrator;. and (d) Other data submitted with the application, or submitted to the Board with the appeal. (2) For appeals of all denied permits the Board shall: (a) Follow the procedures of s. 7.3; (b) Consider Zoning Agency recommendations; and (c) Either uphold the denial or grant the appeal. (3) For appeals concerning increases in regional flood elevation the Board shall: 31 (a) Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases equal to or greater than 0.01 foot may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of s. 8.0 Amendments;. and (b) Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase equal to or greater that 0.01 foot provided no other reasons for denial exist. 7.5 FLOODPROOFING STANDARDS FOR NONCONFORMING STRUCTURES OR USES (1) No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to the flood protection elevation and submits a FEMA Floodproofing Certificate. (2) For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either: (a) certified by a registered professional engineer or architect; or (b) meets or exceeds the following standards: 1. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed areas subject the flooding; 2. the bottom of all openings shall be no higher than one foot above grade; and 3. openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (32) Floodproofing measures shall be designed, as appropriate, to: (a) Withstand the flood pressures, depths, velocities, uplift and impact forces, and other regional flood factors; (b) Protect structures to the flood protection elevation; (c) Anchor structures to foundations to resist flotation and lateral movement; and (d) Minimize or eliminate infiltration of flood waters. (e) Minimize or eliminate discharges into flood waters.Insure that structural walls and floors are watertight to the flood protection elevation, and the interior remains completely dry during flooding without human intervention. (3) Floodproofing measures could include: 32 (a) Reinforcing walls and floors to resist rupture or collapse caused by water pressure or floating debris. (b) Adding mass or weight to prevent flotation. (c) Placement of essential utilities above the flood protection elevation. (d) Installing surface or subsurface drainage systems to relieve foundation wall and basement floor pressures. (e) Constructing water supply wells and waste treatment systems to prevent the entry of flood waters. (f) Putting cutoff valves on sewer lines or elimination of gravity flow basement drains. 7.6 PUBLIC INFORMATION (1) Place marks on structures to show the depth of inundation during the regional flood. (2) All maps, engineering data and regulations shall be available and widely distributed. (3) All rReal estate transfers should show what floodplain zoning districts any real property is in. 8.0 AMENDMENTS Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 8.1. (1) In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 8.1. Any such alterations must be reviewed and approved by FEMA and the DNR. (2) In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with s. 8.1. 8.1 GENERAL The governing body may change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in s. 8.2 below provided by law. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following: 33 (1) (1) Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height; change to the official floodplain zoning map, including the floodway line or boundary of any floodplain area. (2) Any change to the floodplain boundaries and/or watercourse alterations on the FIRM; (3) Any changes to any other officially adopted floodplain maps listed in 1.5 (2)(b); (4) Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain; (5) Correction of discrepancies between the water surface profiles and floodplain maps; (6) Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and (1)(7) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. (2) Correction of discrepancies between the water surface profiles and floodplain zoning maps. (3) Any fill in the floodplain which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain. (4) Any fill or floodplain encroachment that obstructs flow, increasing regional flood height of 0.01 foot or more. (5) Any upgrading of floodplain zoning ordinances text required by s. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality. (6) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. Note: Consult the FEMA web site: www.fema.gov for the map change fee schedule. 8.2 PROCEDURES (Ord. #1310 02-04-2010) Ordinance amendments may be made upon petition of any interested party according to the provisions of s. 62.23, Stats., for cities and villages, or 59.69, Stats., for counties. SuchThe petitions shall include all necessary data required by ss. 5.41(4) and 7.1(2). The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes. (1) The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and 34 notice of the public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of s. 62.23, Stats., for cities and villages of s. 59.69, Stats., for counties. (2) No amendment shall become effective until reviewed and approved by the Department. (3) All persons petitioning for a map amendment that obstructs flow, increasing regional flood height of 0.01 foot or more, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body. (4) For amendments in areas where no water surface profiles, the zoning agency or Board shall consider data submitted by the Department, the zoning administrator's visual on-site inspections and other available information. (See s. 1.5(4).) (5) A fee, as from time to time established by Resolution of the Common Council, shall be submitted with the petition to defray the cost of giving notice, investigation, and other administrative processing. 9.0 ENFORCEMENT AND PENALTIES Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not less than $1.00 and not more than $20050.00 (fifty dollars), together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance and the creation may be enjoined and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s. 87.30, Stats. 10.0 DEFINITIONS 10.1 Unless specifically defined, words and phrases used in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word “may” is permissive, “shall” is mandatory and not discretionary. 1. "A ZONES" - Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area. 2. “AH ZONE” – See “AREA OF SHALLOW FLOODING”. 1.3. “AO ZONE” – See “AREA OF SHALLOW FLOODING”. 4. "ACCESSORY STRUCTURE OR USE" - A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. 35 5. “ALTERATION” - An enhancement, upgrading or substantial change or modifications other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure. 2.6. “AREA OF SHALLOW FLOODING” – A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow. 3.7. "BASE FLOOD" - Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM. 4.8. "BASEMENT" - Any enclosed area of a building having its floor sub-grade, i.e., below ground level, on all sides. 5.9. "BUILDING" - See STRUCTURE. 6.10. "BULKHEAD LINE" - A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance. 7.11. "CAMPGROUND" - Any parcel of land which is designed, maintained, intended or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area. 8.12. "CAMPING UNIT" - Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, tent or other mobile recreational vehicle. 9.13. "CERTIFICATE OF COMPLIANCE" - A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance. 10.14. "CHANNEL" – A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. 11.15. "CRAWLWAYS" OR "CRAWL SPACE" - An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities. 12.16. “DECK” – An unenclosed exterior structure that has no roof or sides, but has a permeable floor, which allows the infiltration of precipitation. 13.17. "DEPARTMENT" - The Wisconsin Department of Natural Resources. 14.18. "DEVELOPMENT" - Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or 36 accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities. 15.19. "DRYLAND ACCESS" - A vehicular access route which is above the regional flood elevation and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles. 16.20. "ENCROACHMENT" - Any fill, structure, equipment, building, use or development in the floodway. 17. "EXISTING MANUFACTURED HOME PARK OR SUBDIVISION" - A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads 18. "EXPANSION TO EXISTING MOBILE/MANUFACTURED HOME PARK" - The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads. 19.21. "FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)" - The federal agency that administers the National Flood Insurance Program. 20.22. "FLOOD INSURANCE RATE MAP" (FIRM) - A map of a community on which the Federal Insurance Administration has delineated both special flood hazard areas (the floodplain) and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency. 21.23. "FLOOD" or "FLOODING" – A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: • The overflow or rise of inland waters;, • The rapid accumulation or runoff of surface waters from any source;, • The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior;, or • The sudden increase caused by an unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event. 22.24. "FLOOD FREQUENCY" - The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is 37 usually expressed as occurring, on the average, once in a specified number of years or as a percent (%) chance of occurring in any given year. 23.25. "FLOODFRINGE" - That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water. 24.26. "FLOOD HAZARD BOUNDARY MAP" - A map designating approximate flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map. 25.27. "FLOOD INSURANCE STUDY" - A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program. 26.28. "FLOODPLAIN" - Land which has been or may be covered by floodwater during the regional flood. It includes the floodway and the floodfringe, and may include other designated floodplain areas for regulatory purposes. 27.29. "FLOODPLAIN ISLAND" - A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood. 28.30. "FLOODPLAIN MANAGEMENT" - Policy and procedures to insure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations. 29.31. "FLOOD PROFILE" - A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river. 30.32. "FLOODPROOFING" - Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage. 31.33. "FLOOD PROTECTION ELEVATION" - An elevation of two feet of freeboard above the water surface profile elevation designated for the regional flood. (Also see: FREEBOARD.) 32.34. "FLOOD STORAGE" - Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge. 33.35. "FLOODWAY" - The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. 38 34.36. "FREEBOARD" - A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed. 35.37. "HABITABLE STRUCTURE" - Any structure or portion thereof used or designed for human habitation. 36.38. "HEARING NOTICE" - Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums. 39. "HIGH FLOOD DAMAGE POTENTIAL" - Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents. 37.40. “HIGHEST ADJACENT GRADE” – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. 38.41. "HISTORIC STRUCTURE" - Any structure that is either: • Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;, • Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;, • Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior;, or • Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs. 39.42. "INCREASE IN REGIONAL FLOOD HEIGHT" - A calculated upward rise in the regional flood elevation, equal to or greater than 0.001 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge. 43. "LAND USE" - Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.) 39 44. “LOWEST ADJACENT GRADE” – Elevation of the lowest ground surface that touches any of the exterior walls of a building. 45. “LOWEST FLOOR” – The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building’s lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of 44 CFR 60.3. 40.46. “MAINTENANCE” – The act or process of restoring to original soundness, including redecoration, refinishing non structural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems or structures. 47. "MANUFACTURED HOME" - A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle." 48. “MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION” – A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale. 49. “MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING” – A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads. 41.50. “MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING” – The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring if concrete pads. 51. "MOBILE RECREATIONAL VEHICLE" - A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self-propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles." 52. “MODEL, CORRECTED EFFECTIVE” – A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model. 53. “MODEL, DUPLICATE EFFECTIVE” - A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model. 40 54. “MODEL, EFFECTIVE” - The hydraulic engineering model that was used to produce the current effective Flood Insurance Study. 55. “MODEL, EXISTING (PRE-PROJECT)” – A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model. 42.56. “MODEL, REVISED (POST-PROJECT)” – A modification of the Existing or Pre- Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions. 43.57. “MUNICIPALITY" or "MUNICIPAL" - The county, city or village governmental units enacting, administering and enforcing this zoning ordinance. 44.58. “NAVD” or “NORTH AMERICAN VERTICAL DATUM” – Elevations referenced to mean sea level datum, 1988 adjustment. 45.59. "NGVD" or "NATIONAL GEODETIC VERTICAL DATUM" - Elevations referenced to mean sea level datum, 1929 adjustment. 46.60. "NEW CONSTRUCTION" - For floodplain management purposes, "new construction" means structures for which the start of construction commenced on or after the effective date of floodplain zoning regulations adopted by this community and includes any subsequent improvements to such structures. For the purpose of determining flood insurance rates, it includes any structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later, and includes any subsequent improvements to such structures. 47.61. "NONCONFORMING STRUCTURE" - An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.) 48.62. "NONCONFORMING USE" - An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.) 49.63. "OBSTRUCTION TO FLOW" - Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height. 50.64. "OFFICIAL FLOODPLAIN ZONING MAP" - That map, adopted and made part of this ordinance, as described in s. 1.5(2), which has been approved by the Department and FEMA. 41 51.65. "OPEN SPACE USE" - Those uses having a relatively low flood damage potential and not involving structures. 52.66. "ORDINARY HIGHWATER MARK" - The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. 53.67. "PERSON" - An individual, or group of individuals, corporation, partnership, association, municipality or state agency. 54.68. "PRIVATE SEWAGE SYSTEM" - A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Commerce, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure or a system located on a different parcel than the structure. 55.69. "PUBLIC UTILITIES" - Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer and storm sewer. 56.70. "REASONABLY SAFE FROM FLOODING" - Means base flood waters will not inundate the land or damage structures to be removed from the special flood hazard area and that any subsurface waters related to the base flood will not damage existing or proposed buildings. 57.71. "REGIONAL FLOOD" - A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE. 58.72. "START OF CONSTRUCTION" - The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. 59.73. "STRUCTURE" - Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lake bed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts. 60.74. "SUBDIVISION" - Has the meaning given in s. 236.02(12), Wis. Stats. 42 75. "SUBSTANTIAL DAMAGE" - Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred. 61.76. “SUBSTANTIAL IMPROVEMENT” – Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not, however, include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. 62.77. "UNNECESSARY HARDSHIP" - Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, frontage, height or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. 63.78. "VARIANCE" - An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance. 64.79. "VIOLATION" - The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided. 65.80. "WATERSHED" - The entire region contributing runoff or surface water to a watercourse or body of water. 66.81. "WATER SURFACE PROFILE" - A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas. 67.82. "WELL" - mMeans an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use. 43 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: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF __________, 2014. CITY OF MUSKEGO _____________________________ Kathy Chiaverotti, Mayor First Reading: ATTEST: ___________________________ Sharon Mueller, Clerk-Treasurer Cover Ordinance Published: Council Date JAN 28, 2014 Total Vouchers All Funds $1,087,053.84 Total Voucher Approval Utility Vouchers (Approve Separately) Water Vouchers $51,687.24 Water Wire Transfers Total Water $51,687.24 Sewer Vouchers 294,623.39 Sewer Wire Transfers Total Sewer $294,623.39 Net Total Utility Vouchers $ 346,310.63 #1 - Utility Voucher Approval Tax Vouchers - Refunds & Tax Settlements (Approve Separately) Tax Vouchers $29,916.26 Tax Void Checks ()** Total Tax Vouchers $ 29,916.26 #2 - Tax Voucher Approval Total General Fund Vouchers (Approve Separately) General Fund Vouchers $710,826.95 General Fund Void Checks ()** Total General Fund Vouchers $ 710,826.95 #3 - General Voucher Approval Big Muskego Lake Vouchers $ . Wire transfers (Approve Separately): Tax Settlements $ Debt Service $ Payroll Transmittals $209,630.05 #4 - Wire Transfers Approval Void Checks Since Last Report Check #Amount Check #Amount Total *** Total 0.00 *Total *** CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments" Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 1 ON 1 TEACHING HOOPS 1O12814 1 Invoice 8TH GRDE TOURNY/DOOLEY 01/21/2014 01/28/2014 275.00 114 100.05.72.17.5702 Total 1 ON 1 TEACHING HOOPS:275.00 A. RIFKIN CO. 4123945 1 Invoice BLUE BALLOT BAGS 01/17/2014 01/28/2014 81.45 114 100.01.03.00.5704 Total A. RIFKIN CO.:81.45 ADVANCED DISPOSAL - MUSKEGO-C6 C60000114315 1 Invoice REF/DEC 12/31/2013 01/28/2014 49,635.30 1213 205.03.30.00.5820 C60000114315 2 Invoice RECY/DEC 12/31/2013 01/28/2014 23,237.50 1213 205.03.00.00.5820 C60000114315 3 Invoice YARD WASTE/DEC 12/31/2013 01/28/2014 1,344.97 1213 205.03.00.00.6056 C60000114315 4 Invoice FUEL CHG/NOV 12/31/2013 01/28/2014 2,913.34 1213 205.03.30.00.5820 C60001143581 1 Invoice MAINT BLDGS GRNDS 12/31/2013 01/28/2014 64.88 1213 100.05.71.00.5415 Total ADVANCED DISPOSAL - MUSKEGO-C6:77,195.99 AFLAC 699495/12814 1 Invoice FEES/DEC 12/12/2013 01/28/2014 104.00 1213 100.00.00.00.2241 699495/12814 2 Invoice FEES/DEC 12/12/2013 01/28/2014 325.70 1213 100.00.00.00.2242 699495/12814 3 Invoice FEES/DEC 12/12/2013 01/28/2014 1,179.05 1213 100.00.00.00.2243 699495/12814 4 Invoice FEES/DEC 12/12/2013 01/28/2014 166.50 1213 100.00.00.00.2244 Total AFLAC:1,775.25 ALESCI, MARY 2237040 1 Invoice TAX REFUND/22 01/20/2014 01/28/2014 182.85 114 501.00.00.00.2120 Total ALESCI, MARY:182.85 ALSCO 042510/12814 1 Invoice UNIFORM RENT 01/01/2014 01/28/2014 38.61 1213 601.61.61.12.5702 042510/12814 2 Invoice UNIFORM RENT 01/01/2014 01/28/2014 38.61 1213 605.56.09.21.5835 042510/12814 3 Invoice UNIFORM RENT 01/01/2014 01/28/2014 170.05 1213 100.04.51.07.5704 042511/12814 1 Invoice UNIFORM RENTAL 01/01/2014 01/28/2014 41.12 1213 601.61.61.12.5702 042511/12814 2 Invoice UNIFORM RENTAL 01/01/2014 01/28/2014 41.12 1213 605.56.09.21.5835 042511/12814 3 Invoice UNIFORM RENTAL 01/01/2014 01/28/2014 70.56 1213 100.04.51.07.5704 Total ALSCO:400.07 APPLIED ASSC 96341361 1 Invoice COUP & NIPPLE 01/03/2014 01/28/2014 349.70 114 100.04.51.07.5405 Total APPLIED ASSC:349.70 ASSC OF SWAT PERSONNEL AS12814 1 Invoice TACTICAL CONF 01/20/2014 01/28/2014 630.00 114 100.02.20.01.5301 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total ASSC OF SWAT PERSONNEL:630.00 AT&T 262679410664 1 Invoice LONG DISTANCE 01/01/2014 01/28/2014 615.70 114 100.01.06.00.5601 Total AT&T:615.70 BADGER OIL EQUIPMENT CO. INC. 021050 1 Invoice NOZZLE,VALVE 01/15/2014 01/28/2014 255.70 114 100.04.51.08.5415 021050 2 Invoice NOZZLE,VALVE 01/15/2014 01/28/2014 127.85 114 601.61.61.15.5415 021050 3 Invoice NOZZLE,VALVE 01/15/2014 01/28/2014 127.85 114 605.54.06.41.5702 Total BADGER OIL EQUIPMENT CO. INC.:511.40 BAKER & TAYLOR COMPANY 2028868280 1 Invoice PRINT JUVENILE 12/12/2013 01/28/2014 377.95 1213 100.05.71.11.5713 2028868280 2 Invoice PRINT ADULT 12/12/2013 01/28/2014 243.29 1213 100.05.71.01.5713 2028877710 1 Invoice PRINT JUVENILE 12/16/2013 01/28/2014 1,326.34 1213 100.05.71.11.5713 2028877710 2 Invoice PRINT ADULT 12/16/2013 01/28/2014 235.51 1213 100.05.71.01.5713 2028877710 3 Invoice PRINT MISC LG PRINT 12/16/2013 01/28/2014 34.78 1213 100.05.71.14.5713 2028901826 1 Invoice PRINT ADULT 12/20/2013 01/28/2014 153.28 1213 100.05.71.11.5713 2028901826 2 Invoice PRINT YOUNG ADULT 12/20/2013 01/28/2014 15.03 1213 100.05.71.36.5713 2028901826 3 Invoice PRINT ADULT 12/20/2013 01/28/2014 226.91 1213 100.05.71.01.5713 2028912744 1 Invoice PRINT JUVENILE 12/26/2013 01/28/2014 1,065.35 1213 100.05.71.11.5713 2028912744 2 Invoice PRINT ADULT 12/26/2013 01/28/2014 117.02 1213 100.05.71.01.5713 2028940551 1 Invoice PRINT MATLS 01/02/2014 01/28/2014 611.20 114 100.05.71.01.5711 2028940551 2 Invoice PRINT MATLS 01/02/2014 01/28/2014 24.95 114 503.05.00.01.5713 2028941697 1 Invoice PRINT MATLS 01/03/2014 01/28/2014 1,156.78 114 100.05.71.01.5711 2028964552 1 Invoice PRINT MATLS 01/10/2014 01/28/2014 384.17 114 100.05.71.01.5711 5012896944 1 Invoice PRINT MTL SERIALS/22741SER 12/11/2013 01/28/2014 58.77 1213 100.05.71.26.5713 5012906774 1 Invoice PRINT MTL SERIALS/22741SER 12/18/2013 01/28/2014 19.77 1213 100.05.71.26.5713 5012918390 1 Invoice PRINT MTL SERIALS/22741SER 12/26/2013 01/28/2014 28.97 1213 100.05.71.26.5713 5012936186 1 Invoice PRINT MATLS 01/08/2014 01/28/2014 53.87 114 100.05.71.01.5711 CR000025149 1 Invoice CREDIT PRINT MATLS 01/02/2014 01/28/2014 20.27-114 100.05.71.01.5711 CR000251490 1 Invoice CR MEMO PRINT MATLS 01/02/2014 01/28/2014 13.79-114 503.05.00.01.5713 Total BAKER & TAYLOR COMPANY:6,099.88 BAKER & TAYLOR ENTERTAINMENT K11939550 1 Invoice AUDIO VIS ADULT/22738/AV 12/17/2013 01/28/2014 422.58 1213 100.05.71.03.5714 K119398530 1 Invoice AUDIO VIS ADULT/22733/AV 12/20/2013 01/28/2014 10.18 1213 100.05.71.03.5714 K12092610 1 Invoice AUD VIS JUV/22743JAV 12/18/2013 01/28/2014 29.46 1213 100.05.71.12.5714 K12828770 1 Invoice AUD VIS JUV/22743JAV 01/06/2014 01/28/2014 4.30 114 100.05.71.02.5711 M31456700 1 Invoice AUD VIS/22655AV 12/16/2013 01/28/2014 218.79 1213 100.05.71.03.5714 M31456701 1 Invoice AUD VIS/22626AV 12/16/2013 01/28/2014 64.77 1213 100.05.71.03.5714 M31561690 1 Invoice AUDIO VIS ADULT/22734/AV 12/16/2013 01/28/2014 227.22 1213 100.05.71.03.5714 M32488150 1 Invoice AUD VIS/22709AV 12/16/2013 01/28/2014 14.23 1213 100.05.71.03.5714 M32488210 1 Invoice AUDIO VIS ADULT/22733/AV 12/16/2013 01/28/2014 14.98 1213 100.05.71.03.5714 M3250620 1 Invoice AUDIO VIS ADULT/22738/AV 12/16/2013 01/28/2014 64.70 1213 100.05.71.03.5714 M32558530 1 Invoice AUDIO VIS ADULT/22733/AV 12/16/2013 01/28/2014 12.73 1213 100.05.71.03.5714 M32695310 1 Invoice AUDIO VIS ADULT/22733/AV 12/17/2013 01/28/2014 14.96 1213 100.05.71.03.5714 M32724720 1 Invoice AUD VIS JUV/22743JAV 12/17/2013 01/28/2014 946.94 1213 100.05.71.12.5714 M32730710 1 Invoice AUDIO VIS ADULT/22732/AV 12/17/2013 01/28/2014 10.18 1213 100.05.71.03.5714 M32740390 1 Invoice AUDIO VIS ADULT/22732/AV 12/17/2013 01/28/2014 9.33 1213 100.05.71.03.5714 M32755980 1 Invoice AUDIO VIS ADULT/22732/AV 12/17/2013 01/28/2014 5.93 1213 100.05.71.03.5714 M32756760 1 Invoice AUD VIS JUV/22743JAV 12/17/2013 01/28/2014 5.00 1213 100.05.71.12.5714 M32765700 1 Invoice AUDIO VIS ADULT/22733/AV 12/17/2013 01/28/2014 11.98 1213 100.05.71.03.5714 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number M32863270 1 Invoice AUD VIS/22738AV 12/27/2013 01/28/2014 13.48 114 100.05.71.02.5711 M32871670 1 Invoice AUDIO VIS ADULT/22733/AV 12/18/2013 01/28/2014 22.39 1213 100.05.71.03.5714 M32871680 1 Invoice AUDIO VIS ADULT/22733/AV 12/18/2013 01/28/2014 13.49 1213 100.05.71.03.5714 M32871690 1 Invoice AUDIO VIS ADULT/22709/AV 12/18/2013 01/28/2014 26.59 1213 100.05.71.03.5714 M32871700 1 Invoice AUDIO VIS ADULT/22733/AV 12/18/2013 01/28/2014 18.19 1213 100.05.71.03.5714 M32871710 1 Invoice AUDIO VIS ADULT/22733/AV 12/18/2013 01/28/2014 11.99 1213 100.05.71.03.5714 M32872550 1 Invoice AUDIO VIS ADULT/22709/AV 12/18/2013 01/28/2014 14.23 1213 100.05.71.03.5714 M32872560 1 Invoice AUDIO VIS ADULT/22709/AV 12/18/2013 01/28/2014 15.73 1213 100.05.71.03.5714 M32872570 1 Invoice AUDIO VIS ADULT/22733/AV 12/18/2013 01/28/2014 18.17 1213 100.05.71.03.5714 M32872590 1 Invoice AUDIO VIS ADULT/22709/AV 12/18/2013 01/28/2014 17.97 1213 100.05.71.03.5714 M32872600 1 Invoice AUDIO VIS ADULT/22733/AV 12/18/2013 01/28/2014 14.23 1213 100.05.71.03.5714 M32900420 1 Invoice AUDIO VIS ADULT/22738/AV 12/18/2013 01/28/2014 11.98 1213 100.05.71.03.5714 M32903740 1 Invoice AUDIO VIS ADULT/22733/AV 12/18/2013 01/28/2014 14.23 1213 100.05.71.03.5714 M32903800 1 Invoice AUDIO VIS ADULT/22709/AV 12/18/2013 01/28/2014 14.23 1213 100.05.71.03.5714 M32913870 1 Invoice AUDIO VIS ADULT/22732/AV 12/18/2013 01/28/2014 9.33 1213 100.05.71.03.5714 M33158310 1 Invoice AUD VIS/22655AV 12/20/2013 01/28/2014 21.59 1213 100.05.71.03.5714 M3318750 1 Invoice AUD VIS/22655AV 12/20/2013 01/28/2014 17.99 1213 100.05.71.03.5714 M33191380 1 Invoice AUDIO VIS ADULT/22733/AV 12/23/2013 01/28/2014 13.49 1213 100.05.71.03.5714 M33352270 1 Invoice AUDIO VIS ADULT/22733/AV 12/23/2013 01/28/2014 17.23 1213 100.05.71.03.5714 M33352290 1 Invoice AUDIO VIS ADULT/22709/AV 12/23/2013 01/28/2014 12.73 1213 100.05.71.03.5714 M33508710 1 Invoice AUDIO VIS ADULT/22738/AV 12/26/2013 01/28/2014 11.03 1213 100.05.71.03.5714 M33793720 1 Invoice AUD VIS/22738AV 12/30/2013 01/28/2014 12.73 114 100.05.71.02.5711 M3383060 1 Invoice AUD VIS JUV/22743JAV 12/31/2013 01/28/2014 14.39 114 100.05.71.02.5711 M33879000 1 Invoice AUD VIS/22734AV 01/07/2014 01/28/2014 35.99 114 100.05.71.02.5711 M33883080 1 Invoice AUD VIS/22734AV 12/31/2013 01/28/2014 28.79 114 100.05.71.02.5711 M33891020 1 Invoice AUD VIS/22626AV 01/02/2014 01/28/2014 14.36 114 100.05.71.02.5711 M34057720 1 Invoice AUD VIS/22738AV 01/02/2014 01/28/2014 22.39 114 100.05.71.02.5711 M34778440 1 Invoice AUD VIS/22709AV 01/10/2014 01/28/2014 18.74 114 100.05.71.02.5711 M34799810 1 Invoice AUD VIS/22738AV 01/10/2014 01/28/2014 14.23 114 100.05.71.02.5711 M35011250 1 Invoice AUDIO VIS/22733/AV 01/13/2014 01/28/2014 13.49 114 100.05.71.02.5711 M35011260 1 Invoice AUD VIS/22709AV 01/13/2014 01/28/2014 14.24 114 100.05.71.02.5711 M35011270 1 Invoice AUD VIS/22733AV 01/13/2014 01/28/2014 11.04 114 100.05.71.02.5711 M35011280 1 Invoice AUD VIS/22733AV 01/13/2014 01/28/2014 14.99 114 100.05.71.02.5711 M35011290 1 Invoice AUD VIS/22733AV 01/13/2014 01/28/2014 11.04 114 100.05.71.02.5711 M35011300 1 Invoice AUD VIS/22733AV 01/13/2014 01/28/2014 11.04 114 100.05.71.02.5711 M35011310 1 Invoice AUD VIS/22733AV 01/13/2014 01/28/2014 11.04 114 100.05.71.02.5711 M35011320 1 Invoice AUD VIS/22709AV 01/13/2014 01/28/2014 13.49 114 100.05.71.02.5711 M35011330 1 Invoice AUD VIS/22733AV 01/13/2014 01/28/2014 8.49 114 100.05.71.02.5711 M35011340 1 Invoice AUD VIS/22733AV 01/13/2014 01/28/2014 14.99 114 100.05.71.02.5711 M35011350 1 Invoice AUD VIS/22709AV 01/13/2014 01/28/2014 14.24 114 100.05.71.02.5711 M35011360 1 Invoice AUD VIS/22709AV 01/13/2014 01/28/2014 12.74 114 100.05.71.02.5711 M35037880 1 Invoice AUD VIS/22738AV 01/14/2014 01/28/2014 41.99 114 100.05.71.02.5711 M35161810 1 Invoice AUD VIS/22748AV 01/14/2014 01/28/2014 275.36 114 100.05.71.02.5711 M35260800 1 Invoice AUD VIS/22748AV 01/15/2014 01/28/2014 10.18 114 100.05.71.02.5711 Total BAKER & TAYLOR ENTERTAINMENT:3,058.53 BARKER, ERIC A 2252975/12814 1 Invoice TAX REFUND/24 01/22/2014 01/28/2014 133.31 114 501.00.00.00.2120 Total BARKER, ERIC A:133.31 BATTERIES PLUS 546482129 1 Invoice SAFETY BATTERIES 01/14/2014 01/28/2014 131.94 114 601.61.61.15.5415 Total BATTERIES PLUS:131.94 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number BELLE CHASSE PARTNERS LLC BE12814 1 Invoice DEV REIMB/BELLE CHASSE #1 01/25/2014 01/28/2014 32,410.00 1213 601.00.00.00.1948 Total BELLE CHASSE PARTNERS LLC:32,410.00 BOHAN, EUGENE & IRIS 2190015/12814 1 Invoice TAX REFUND/18 01/14/2014 01/28/2014 15.35 114 501.00.00.00.2120 Total BOHAN, EUGENE & IRIS:15.35 BOWSER, ANDREW & HILLARY 2208053/12814 1 Invoice TAX REFUND/23 01/21/2014 01/28/2014 320.46 114 501.00.00.00.2120 Total BOWSER, ANDREW & HILLARY:320.46 BOYLE, SANDRA 2167995088/12 1 Invoice TAX REFUND/19 01/15/2014 01/28/2014 257.81 114 501.00.00.00.2120 Total BOYLE, SANDRA:257.81 BRISCOE, TODD & JENNIFER 2166023/12814 1 Invoice TAX REFUND/19 01/15/2014 01/28/2014 66.45 114 501.00.00.00.2120 Total BRISCOE, TODD & JENNIFER:66.45 BUBRICKS INC 840463 1 Invoice OFFICE SUPPLIES/22747S 12/31/2013 01/28/2014 581.69 1213 100.05.71.00.5701 847604 1 Invoice OFFICE SUPPLIES 01/15/2014 01/28/2014 168.50 114 100.01.08.00.5701 848384 1 Invoice OFFICE SUPPLIES 01/16/2014 01/28/2014 31.39 114 100.01.06.00.5701 848384 2 Invoice TONER CART/DOFA 01/16/2014 01/28/2014 94.00 114 100.01.03.00.5701 849968 1 Invoice MAT/JENNY 01/20/2014 01/28/2014 71.22 114 100.01.03.00.5701 Total BUBRICKS INC:946.80 BUMPER TO BUMPER MUSKEGO 423539 1 Invoice WIPER BLADE 01/14/2014 01/28/2014 51.94 114 100.05.72.02.5405 644-423257 1 Invoice BATTER/TRACTOR & GLOVES 01/09/2014 01/28/2014 87.58 114 215.06.00.00.5704 Total BUMPER TO BUMPER MUSKEGO:139.52 CDW GOVERNMENT, INC JB28140 1 Invoice HP MAINT KIT 01/07/2014 01/28/2014 238.13 114 100.02.20.01.5504 JB28140 2 Invoice DVD-R 01/07/2014 01/28/2014 12.98 114 100.01.14.00.5506 Total CDW GOVERNMENT, INC:251.11 CENTER POINT LARGE PRINT 1139908 1 Invoice PRINT MISC MISC/22339LP 12/01/2013 01/28/2014 133.02 1213 503.05.00.14.5713 Total CENTER POINT LARGE PRINT:133.02 CENTURY LINK 128676240 1 Invoice LONG DISTANCE 01/25/2014 01/28/2014 4.30 1213 100.01.09.00.5601 Total CENTURY LINK:4.30 CIESIELSKI, SZYMON & LUCYNA 2202120/12814 1 Invoice TAX REFUND/18 01/14/2014 01/28/2014 180.31 114 501.00.00.00.2120 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total CIESIELSKI, SZYMON & LUCYNA:180.31 CONRARDY, DAVID & LAN 2195112/12814 1 Invoice TAX REFUND/20 01/16/2014 01/28/2014 4,465.79 114 501.00.00.00.2120 Total CONRARDY, DAVID & LAN:4,465.79 CONSERV FS INC 1834855 1 Invoice CAL CHLORIDE PELLETS 01/13/2014 01/28/2014 484.12 114 100.05.72.02.5702 Total CONSERV FS INC:484.12 CYRUS, STEPHANIE 71337 1 Invoice REF/BALANCE OF YOGA 01/17/2014 01/28/2014 30.00 114 100.00.00.00.2110 Total CYRUS, STEPHANIE:30.00 DALLMAN, JENNIFER 2284999002 1 Invoice TAX REFUND/21 01/17/2014 01/28/2014 6,199.76 114 501.00.00.00.2120 Total DALLMAN, JENNIFER:6,199.76 DEPT OF ADMINISTRATION 063770 1 Invoice COMPUTER CHG/22764CC 11/30/2013 01/28/2014 1,500.00 1213 100.05.71.00.5505 Total DEPT OF ADMINISTRATION:1,500.00 DEWINTER EYE CARE CENTER 17632/B 1 Invoice BAL DUE/EDDIE 12/13/2013 01/28/2014 35.00 1213 100.04.51.01.5228 Total DEWINTER EYE CARE CENTER:35.00 DF TOMASINI, INC. DOF1873-80 1 Invoice WOODBERRY MAIN 11/19/13 12/20/2013 01/28/2014 3,329.00 1213 605.54.06.51.5410 Total DF TOMASINI, INC.:3,329.00 DIGGERS HOTLINE, INC. 131271901 1 Invoice LOCATES 12/31/2013 01/28/2014 82.30 1213 601.61.63.43.5801 131271901 2 Invoice LOCATES 12/31/2013 01/28/2014 82.30 1213 605.54.06.41.5870 131271901 3 Invoice LOCATES 12/31/2013 01/28/2014 18.30 1213 100.04.51.04.6026 Total DIGGERS HOTLINE, INC.:182.90 DIVERSIFIED BENEFIT SERV INC. 176630 1 Invoice FSA START UP FEES/2014 01/16/2014 01/28/2014 450.00 114 100.01.06.00.5203 Total DIVERSIFIED BENEFIT SERV INC.:450.00 DLUGI, TIFFANY 2168044/12814 1 Invoice TAX REFUND/21 01/17/2014 01/28/2014 2,353.44 114 501.00.00.00.2120 Total DLUGI, TIFFANY:2,353.44 DUNN'S SPORTING GOODS 49708VV 1 Invoice WINTER LEAGUE JERSEY 01/13/2014 01/28/2014 1,386.20 114 100.05.72.17.5702 49780VV 1 Invoice WINTER LEAGUE COACHES SHIR 01/21/2014 01/28/2014 224.45 114 100.05.72.17.5702 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total DUNN'S SPORTING GOODS:1,610.65 EBSCO SUBSCRIPTION SERVICES 1458798 1 Invoice PRINT MATLS PERIODICALS/2275 12/20/2013 01/28/2014 29.50 1213 100.05.71.19.5713 1458798 2 Invoice PRINT MATLS PERIODICALS/2275 12/20/2013 01/28/2014 29.00-1213 100.05.71.19.5713 Total EBSCO SUBSCRIPTION SERVICES:.50 EDLEBECK, JAMES & ANNA 2174913/12814 1 Invoice TAX REFUND/21 01/17/2014 01/28/2014 358.96 114 501.00.00.00.2120 Total EDLEBECK, JAMES & ANNA:358.96 ELLIOTT'S ACE HARDWARE 893622 1 Invoice SUPPLIES 01/20/2014 01/28/2014 16.29 114 215.06.00.00.5704 E1012814 1 Invoice LOOMIS L/S 01/08/2014 01/28/2014 391.02 114 601.61.61.16.5411 E1012814 2 Invoice ICE MELT 01/08/2014 01/28/2014 37.97 114 601.61.61.15.5415 Total ELLIOTT'S ACE HARDWARE:445.28 ELLIS MANUFACTURING COMPANY 36544 1 Invoice BM 10'X1X035-6/10 VT 01/09/2014 01/28/2014 138.44 114 100.05.72.02.5405 Total ELLIS MANUFACTURING COMPANY:138.44 EWALD AUTOMOTIVE GROUP LLC 11262 1 Invoice K-9 SQD 01/02/2014 01/28/2014 29,703.00 114 410.08.91.20.6517 Total EWALD AUTOMOTIVE GROUP LLC:29,703.00 FASTENAL COMPANY WIMUK48662 1 Invoice ROLL LADDER/LEAF BOX 01/08/2014 01/28/2014 1,483.21 114 100.04.51.07.5405 Total FASTENAL COMPANY:1,483.21 FEITEN, THOMAS & MARY 2205015/12814 1 Invoice TAX REFUND/19 01/15/2014 01/28/2014 322.87 114 501.00.00.00.2120 Total FEITEN, THOMAS & MARY:322.87 FERGUSON WATER WORKS #1476 0065994 1 Invoice MTRS & TRANS/204 5/8"12/23/2013 01/28/2014 39,427.08 1213 605.00.00.00.1953 0065994 2 Invoice MTRS & TRANS/12 3/4 "12/23/2013 01/28/2014 3,294.39 1213 605.00.00.00.1953 0067285 1 Invoice MTR WIRE 01/15/2014 01/28/2014 68.44 114 605.54.06.53.5702 0067286 1 Invoice MTE WIRE 01/14/2014 01/28/2014 70.92 114 605.54.06.53.5702 Total FERGUSON WATER WORKS #1476:42,860.83 FINDAWAY WORLD,LLC 114630 1 Invoice AUD VIS ADULT/22714 12/17/2013 01/28/2014 360.94 1213 100.05.71.03.5714 114630 2 Invoice AUD VIS JUV/22714 12/17/2013 01/28/2014 214.96 1213 100.05.71.12.5714 Total FINDAWAY WORLD,LLC:575.90 FOTH INFRASTRUCTURE & 37309 1 Invoice TESS CORNERS RECONST 01/09/2014 01/28/2014 3,678.40 114 410.08.90.18.6507 37310 1 Invoice BELLE CHASE PHASE I/SURFACIN 01/09/2014 01/28/2014 5,885.66 1213 507.00.00.00.2708 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 37402 1 Invoice 20130GEN ENG SRV 01/15/2014 01/28/2014 405.00 1213 507.00.00.00.2771 Total FOTH INFRASTRUCTURE & :9,969.06 GERACI, ANTHONY & ROBIN SCHARF 2177956/12814 1 Invoice TAX REFUND/18 01/14/2014 01/28/2014 218.18 114 501.00.00.00.2120 Total GERACI, ANTHONY & ROBIN SCHARF:218.18 GRAINGER, ROBERT 2287023003/12 1 Invoice TAX REFUND/25 01/23/2014 01/28/2014 127.90 114 501.00.00.00.2120 Total GRAINGER, ROBERT:127.90 GROSS,JAY & LINDA 2232986/12814 1 Invoice TAX REFUND/18 01/14/2014 01/28/2014 374.95 114 501.00.00.00.2120 Total GROSS,JAY & LINDA:374.95 GUMMER, ANGELA 2223043/12814 1 Invoice TAX REFUND/19 01/15/2014 01/28/2014 154.03 114 501.00.00.00.2120 Total GUMMER, ANGELA:154.03 GUMMER, RYAN & MICHELLE 2199063/12814 1 Invoice TAX REFUND/18 01/14/2014 01/28/2014 57.28 114 501.00.00.00.2120 Total GUMMER, RYAN & MICHELLE:57.28 HANNES, JOHN & LISA 2286971/12814 1 Invoice TAX REFUND/18 01/14/2014 01/28/2014 4,401.49 114 501.00.00.00.2120 2286971001/12 1 Invoice TAX REFUND/18 01/14/2014 01/28/2014 595.98 114 501.00.00.00.2120 Total HANNES, JOHN & LISA:4,997.47 HARTLAND POLICE DEPT VI12814 1 Invoice SCIT DUES2014 01/01/2014 01/28/2014 4,000.00 114 100.02.20.01.5305 Total HARTLAND POLICE DEPT:4,000.00 HAWKINS, INC. 3552003 1 Invoice AZONE & SODUIM 01/09/2014 01/28/2014 1,696.25 114 605.53.06.31.5750 Total HAWKINS, INC.:1,696.25 HEARTLAND BUSINESS SYSTEMS HBS00097916 1 Invoice FIRE WALL 01/10/2014 01/28/2014 22,847.00 114 410.08.90.14.6512 Total HEARTLAND BUSINESS SYSTEMS:22,847.00 HOUGH, BRENDA V 2163105002/12 1 Invoice TAX REFUND/17 01/13/2014 01/28/2014 930.26 114 501.00.00.00.2120 Total HOUGH, BRENDA V:930.26 HUMMER, DARLENE 71374 1 Invoice REF/CLOSETS/DRAWERS 01/23/2014 01/28/2014 15.00 114 100.00.00.00.2110 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total HUMMER, DARLENE:15.00 HUMPHREY SERVICE & PARTS 1126449 1 Invoice HD TIE 01/03/2014 01/28/2014 13.22 114 100.04.51.07.5405 1126463 1 Invoice DYE/#17 01/03/2014 01/28/2014 20.66 114 100.04.51.07.5405 1126747 1 Invoice TEST LIGHT,DYE 01/07/2014 01/28/2014 114.45 114 100.04.51.07.5405 Total HUMPHREY SERVICE & PARTS:148.33 IGFOA 7106374 1 Invoice 2014 DUES 01/17/2014 01/28/2014 25.00 114 100.01.03.00.5305 Total IGFOA:25.00 ITU ABSORB TECH, INC 5791583 1 Invoice SHOP RAGS & TOWELS 01/09/2014 01/28/2014 54.73 114 100.05.72.02.5410 Total ITU ABSORB TECH, INC:54.73 JAMES IMAGING SYSTEMS INC 519129 1 Invoice COPY CHG 12/31/2013 01/28/2014 9.61 1213 100.04.51.01.5701 519129 2 Invoice COPY CHG 12/31/2013 01/28/2014 9.61 1213 601.61.63.42.5701 519129 3 Invoice COPY CHG 12/31/2013 01/28/2014 9.61 1213 605.56.09.21.5401 520614 1 Invoice CONTRACT BASE/JAN-APR 2014 01/20/2014 01/28/2014 286.61 114 100.01.03.00.5401 520614 2 Invoice OVERAGE CHG/JAN 01/20/2014 01/28/2014 204.06 114 100.01.03.00.5401 520614 3 Invoice OVERAGE CHG/NOV & DEC 01/20/2014 01/28/2014 408.14 1213 100.01.03.00.5401 Total JAMES IMAGING SYSTEMS INC:927.64 JAMES IMAGING SYSTEMS INC (lease) 244265880 1 Invoice EQUIP MAINT 12/30/2013 01/28/2014 460.77 1213 100.05.71.00.5401 245066931 1 Invoice MAINT EQUIP 01/11/2014 01/28/2014 389.00 114 100.05.71.00.5401 Total JAMES IMAGING SYSTEMS INC (lease):849.77 JANI-KING INC- MILW REGION 1140575 1 Invoice OTH CLEANING/11/9 & 23 01/07/2014 01/28/2014 100.00 1213 100.05.72.03.5820 Total JANI-KING INC- MILW REGION:100.00 JM BRENNAN, INC. SALES000054 1 Invoice MAINT BLDG GRDS/22760MBG 12/22/2013 01/28/2014 1,170.00 1213 100.05.71.00.5415 Total JM BRENNAN, INC.:1,170.00 JOERS, STACI JO12814 1 Invoice SUPER BOWL COOKING CLASS 01/17/2014 01/28/2014 46.50 114 100.05.72.18.5110 Total JOERS, STACI:46.50 JOHNNY'S PETROLEUM PROD INC 941 1 Invoice FUEL 01/17/2014 01/17/2014 26,829.39 114 100.04.51.07.5736 JO12814 1 Invoice DIESEL FUEL 01/20/2014 01/20/2014 25,097.54 114 100.04.51.07.5736 Total JOHNNY'S PETROLEUM PROD INC:51,926.93 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number JOHNSON SAND & GRAVEL INC 68394 1 Invoice SAND /ROADS 12/31/2013 01/28/2014 1,036.35 1213 100.04.51.02.5741 68418 1 Invoice 222.4 T SAND/ROADS 01/11/2014 01/28/2014 1,779.20 114 100.04.51.02.5741 Total JOHNSON SAND & GRAVEL INC:2,815.55 JOHNSON, PATRICIA 2192086042/12 1 Invoice TAX REFUND/23 01/21/2014 01/28/2014 350.92 114 501.00.00.00.2120 Total JOHNSON, PATRICIA:350.92 JOHNSON, RICAHRD & DIANE 2174997/12814 1 Invoice TAX REFUND/21 01/17/2014 01/28/2014 465.17 114 501.00.00.00.2120 Total JOHNSON, RICAHRD & DIANE:465.17 KANDZIORA, SCOTT & MICHELLE 2242027/12814 1 Invoice TAX REFUND/18 01/14/2014 01/28/2014 125.40 114 501.00.00.00.2120 Total KANDZIORA, SCOTT & MICHELLE:125.40 KAPCO LIBRARY PRODUCTS 1225461 1 Invoice OFFICE SUPPLIES/22767OS 01/09/2014 01/28/2014 477.25 114 100.05.71.00.5701 Total KAPCO LIBRARY PRODUCTS:477.25 KENOSHA CNTY UW-EXTENSION KE12814 1 Invoice 2014 LANDSCAPE & MAINT CLASS 01/13/2014 01/28/2014 45.00 114 100.05.72.02.5301 Total KENOSHA CNTY UW-EXTENSION:45.00 KLOSKOWSKI, SCOTT KL12814 1 Invoice 2014 CLOTHING REIMB 01/11/2014 01/28/2014 84.47 114 605.56.09.30.5228 KL12814 2 Invoice 2014 CLOTHING REIMB 01/11/2014 01/28/2014 84.48 114 601.61.61.12.5702 Total KLOSKOWSKI, SCOTT:168.95 KONKEL, BRUCE & THERESE 2164976/12814 1 Invoice TAX REFUND/19 01/15/2014 01/28/2014 43.82 114 501.00.00.00.2120 Total KONKEL, BRUCE & THERESE:43.82 KUSTOM SIGNALS, INC. 492454 1 Invoice repair/sqd radar 01/09/2014 01/28/2014 208.50 114 100.02.20.01.5405 Total KUSTOM SIGNALS, INC.:208.50 LALONDE CONTRACTORS INC LA12814 1 Invoice PIONER DR RECONST PROJ/#8 FI 12/05/2013 01/28/2014 60,138.98 1213 401.08.91.19.6519 Total LALONDE CONTRACTORS INC:60,138.98 LAVEN, JAMES 2171043/12814 1 Invoice TAX REFUND/18 01/14/2014 01/28/2014 2,508.12 114 501.00.00.00.2120 Total LAVEN, JAMES:2,508.12 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 10 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number LEDVINA, MICHAEL & JOANNA 2196953005/12 1 Invoice TAX REFUND/18 01/14/2014 01/28/2014 68.79 114 501.00.00.00.2120 Total LEDVINA, MICHAEL & JOANNA:68.79 LEMARR, SCOTT 2174943/12814 1 Invoice TAX REFUND/#10 01/10/2014 01/28/2014 420.08 114 501.00.00.00.2120 Total LEMARR, SCOTT:420.08 LOEFFELHOLZ,JOSEPH 2208999001/12 1 Invoice TAX REFUND/21 01/17/2014 01/28/2014 305.63 114 501.00.00.00.2120 Total LOEFFELHOLZ,JOSEPH:305.63 LYNCH TRUCK CENTER 93399 1 Invoice INSTALL BACK UP ALARM 01/16/2014 01/28/2014 195.42 114 100.04.51.07.5405 Total LYNCH TRUCK CENTER:195.42 MACIOSEK, SMANTHA MA12814 1 Invoice CT ORDERED RESTITUTION#3780 01/15/2014 01/28/2014 100.00 114 100.01.08.00.4269 Total MACIOSEK, SMANTHA:100.00 MANTEK 1363148 1 Invoice 100#S MANZYME 01/08/2014 01/28/2014 1,433.41 114 601.61.61.12.5702 1363149 1 Invoice AEROSAL/TRI MATIC 01/08/2014 01/28/2014 381.46 114 100.04.51.07.5405 Total MANTEK:1,814.87 MENARDS 37567 1 Invoice MISC SUPPLIES 01/03/2014 01/28/2014 30.98 114 100.05.72.02.5415 37898 1 Invoice SUPPLIES 01/08/2014 01/28/2014 19.06 114 215.06.00.00.5704 38000 1 Invoice SUPPLIES 01/10/2014 01/28/2014 16.88 114 215.06.00.00.5704 38055 1 Invoice SUPPLIES 01/11/2014 01/28/2014 12.49 114 215.06.00.00.5704 38151 1 Invoice SUPPLIES 01/13/2014 01/28/2014 10.80 114 215.06.00.00.5704 Total MENARDS:90.21 MICROMARKETING LLC 507558 1 Invoice AUD VIS ADULT/22707AV 12/04/2013 01/28/2014 64.98 1213 100.05.71.03.5714 508532 1 Invoice AUDIO VISUAL/22707AV 12/12/2013 01/28/2014 264.90 1213 100.05.71.03.5714 509269 1 Invoice AUD VIS ADULT/22706AV 12/18/2013 01/28/2014 116.94 1213 100.05.71.03.5714 509283 1 Invoice AUD VIS ADULT/22707AV 12/18/2013 01/28/2014 75.00 1213 100.05.71.03.5714 509789 1 Invoice AUD VIS ADULT/22707AV 12/20/2013 01/28/2014 30.00 1213 100.05.71.03.5714 510709 1 Invoice AUD VIS ADULT/22706AV 12/31/2013 01/28/2014 29.95 114 100.05.71.02.5711 Total MICROMARKETING LLC:581.77 MIDWEST TAPE 91506474 1 Invoice AUDIO VIS ADULT/22551AV 12/23/2013 01/28/2014 68.97 1213 100.05.71.03.5714 Total MIDWEST TAPE:68.97 MILLER-BRADFORD & RISBERG, INC 1B62698 1 Invoice BACK HOE 12/26/2013 01/28/2014 157.26 1213 100.04.51.07.5405 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 11 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total MILLER-BRADFORD & RISBERG, INC:157.26 MILW MAP SRV, INC 349451 1 Invoice DISPATCH WALL MAP 12/19/2013 01/28/2014 244.10 1213 100.02.20.01.5721 Total MILW MAP SRV, INC:244.10 MILW MET. SEWER DISTRICT 301-13 1 Invoice 4TH QTR 2013 01/13/2014 01/28/2014 257,452.71 1213 601.61.61.02.6071 CRI-13 1 Invoice REVISE SERVICE AREA 09/11/2013 01/28/2014 222.12 1213 601.61.61.02.6071 Total MILW MET. SEWER DISTRICT:257,674.83 MUCCI, TIMOTHY & 2162067/12814 1 Invoice TAX REFUND/20 01/16/2014 01/28/2014 79.60 114 501.00.00.00.2120 Total MUCCI, TIMOTHY &:79.60 MUKWONAGO JR INDIANS MU12814 1 Invoice 7TH GRDE TOURNY/MAHER 01/13/2014 01/28/2014 180.00 114 100.05.72.17.5702 Total MUKWONAGO JR INDIANS :180.00 MURPHY, ADAM & TANYA 2189144/12814 1 Invoice TAX REFUND/20 01/16/2014 01/28/2014 281.09 114 501.00.00.00.2120 Total MURPHY, ADAM & TANYA:281.09 MUSSON BROS INC MU12814 1 Invoice TESS CORNERS DR RECONST/#5 01/15/2014 01/28/2014 100,450.45 1213 401.08.91.19.6507 Total MUSSON BROS INC:100,450.45 NAPA AUTO PARTS/ #26 & 27 20954484 1 Invoice SUPPLIES/#24 01/16/2014 01/28/2014 5.59 114 601.61.61.21.5306 250954108 1 Invoice SUPPLIES 01/16/2014 01/28/2014 34.66 114 601.61.61.21.5306 Total NAPA AUTO PARTS/ #26 & 27:40.25 NAULT, PATRICK & NICOLE 2176088/12814 1 Invoice TAX REFUND/23 01/21/2014 01/28/2014 210.55 114 501.00.00.00.2120 Total NAULT, PATRICK & NICOLE:210.55 NEW BERLIN PUBLIC LIBRARY 0000002 1 Invoice AUDIO VIS/22768AV 01/09/2014 01/28/2014 33.00 114 100.05.71.02.5711 Total NEW BERLIN PUBLIC LIBRARY:33.00 NEW PIG 21291163-01 1 Invoice MAT PADS & PILLOWS 01/06/2014 01/28/2014 290.33 114 100.05.72.02.5702 Total NEW PIG:290.33 NORTH AMERICAN SALT CO. 71089496 1 Invoice 65.54 TONS SALT 01/09/2014 01/28/2014 3,556.86 114 100.04.51.05.5747 71094613 1 Invoice 448.29TONS SALT 01/10/2014 01/28/2014 24,328.69 114 100.04.51.05.5747 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 12 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 71097017 1 Invoice 587.38T SALT 01/13/2014 01/28/2014 31,877.09 114 100.04.51.05.5747 71098634 1 Invoice 21.69T SALT 01/14/2014 01/28/2014 1,177.12 114 100.04.51.05.5747 71101203 1 Invoice 63.18T SALT 01/16/2014 01/28/2014 3,428.78 114 100.04.51.05.5747 Total NORTH AMERICAN SALT CO.:64,368.54 NSGYB NO12814 1 Invoice 4TH GRDE TOURNY/SKACK 01/13/2014 01/28/2014 200.00 114 100.05.72.17.5702 Total NSGYB:200.00 OCCUPATIONAL HEALTH CENTERS 102154100 1 Invoice AUDIO TESTING 12/25/2013 01/28/2014 312.00 1213 100.04.51.01.5227 102154100 2 Invoice AUDIO TESTING 12/25/2013 01/28/2014 26.00 1213 601.61.63.42.6056 102154100 3 Invoice AUDIO TESTING 12/25/2013 01/28/2014 26.00 1213 605.56.09.30.5305 Total OCCUPATIONAL HEALTH CENTERS :364.00 OCWEN LOAN SERVICING 2167028 1 Invoice TAX REFUND/24 01/22/2014 01/28/2014 1,826.65 114 501.00.00.00.2120 Total OCWEN LOAN SERVICING:1,826.65 O'LESKE, TED & JILL 2202060/12814 1 Invoice TAX REFUND/16 01/10/2014 01/28/2014 113.08 114 501.00.00.00.2120 Total O'LESKE, TED & JILL:113.08 OLSON'S OUTDOOR POWER 32217 1 Invoice SHARPENING CHAIN SAW BLADE 01/20/2014 01/28/2014 40.00 114 215.06.00.00.5704 Total OLSON'S OUTDOOR POWER:40.00 O'REILLY AUTO STORES INC 3853-142089 1 Invoice ANTIFREEZE,TAILGATE HANDLES 01/16/2014 01/28/2014 83.94 114 100.05.72.02.5405 Total O'REILLY AUTO STORES INC:83.94 OSG STATEMENT SRV 33630 1 Invoice 4TH QTR BILLING 01/21/2014 01/28/2014 403.91 114 601.61.63.42.5701 33630 2 Invoice 4TH QTR BILLING 01/21/2014 01/28/2014 403.91 114 605.55.09.03.5710 33630 3 Invoice 4TH QTR BILLING 01/21/2014 01/28/2014 201.95 114 205.03.00.00.6056 33630 4 Invoice 4TH QTR BILLING 01/21/2014 01/28/2014 201.95 114 205.03.30.00.5704 Total OSG STATEMENT SRV:1,211.72 OSG STATEMENT SRV. (postage) 49612 1 Invoice 4TH QTR BILLS 01/13/2014 01/28/2014 1,126.15 114 601.61.63.42.5701 49612 2 Invoice 4TH QTR BILLS 01/13/2014 01/28/2014 1,126.15 114 605.55.09.03.5710 49612 3 Invoice 4TH QTR BILLS 01/13/2014 01/28/2014 563.07 114 205.03.00.00.6056 49612 4 Invoice 4TH QTR BILLS 01/13/2014 01/28/2014 563.07 114 205.03.30.00.5704 Total OSG STATEMENT SRV. (postage):3,378.44 PAETEC 55158996 1 Invoice MTHLY PHONES/JAN 01/04/2014 01/28/2014 1,022.90 114 100.01.06.00.5601 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 13 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total PAETEC:1,022.90 PATZKE, JASON 2174005/12814 1 Invoice TAX REFUND/19 01/15/2014 01/28/2014 120.61 114 501.00.00.00.2120 Total PATZKE, JASON:120.61 PINKY ELECTRIC INC. 16581 1 Invoice INF PK LIGHTS 01/07/2014 01/28/2014 580.00 114 100.04.51.06.5911 Total PINKY ELECTRIC INC.:580.00 PIRANHA PAPER SHREDDING LLC 10122011614 1 Invoice PAPER SHREDDING 01/16/2014 01/28/2014 12.50 114 100.01.06.00.5701 Total PIRANHA PAPER SHREDDING LLC:12.50 POLACK, JONATHAN 2174854/12814 1 Invoice TAX REFUND/20 01/17/2014 01/28/2014 154.60 114 501.00.00.00.2120 Total POLACK, JONATHAN:154.60 POMP'S TIRE SERVICE, INC. 60036873 1 Invoice TOWMAX & TRANSFIC TIRES 01/10/2014 01/28/2014 1,834.84 1213 100.05.72.02.5405 Total POMP'S TIRE SERVICE, INC.:1,834.84 PORT-A-JOHN 1221006 1 Invoice BOXHORN LAUNCH 01/08/2014 01/28/2014 66.00 114 100.05.72.02.5820 1221006 2 Invoice IDLE ISLE 01/08/2014 01/28/2014 66.00 114 100.05.72.02.5820 1221006 3 Invoice DURHAM LAUNCH 01/08/2014 01/28/2014 66.00 114 100.05.72.02.5820 1221102-IN 1 Invoice PORTA POTTY 01/13/2014 01/28/2014 71.00 114 215.06.00.00.5801 Total PORT-A-JOHN:269.00 POWRTEK ENGINEERING, INC 2203-9 1 Invoice PROD SRVS/DEC 01/08/2014 01/28/2014 2,100.00 1213 202.08.94.74.6530 Total POWRTEK ENGINEERING, INC:2,100.00 QUALITY CEILINGS J13-A-118 1 Invoice MAINT BLDG GRDS/22752MBG 12/19/2003 01/28/2014 370.00 1213 100.05.71.00.5415 Total QUALITY CEILINGS:370.00 QUILL CORP 8586388 1 Invoice NOTE PADS,FAX CART 01/10/2014 01/28/2014 49.77 114 100.05.72.10.5701 Total QUILL CORP:49.77 R & R INS. SRV., INC 1305828 1 Invoice WKS COMP/RENEW 01/13/2014 01/28/2014 45,568.00 114 100.01.06.00.6101 1305830 1 Invoice BOILER & MACHINE/RENEW 01/13/2014 01/28/2014 3,071.00 114 100.01.06.00.6106 1305831 1 Invoice CRIME/RENEW 01/13/2014 01/28/2014 1,879.00 114 100.01.06.00.6107 1307673 1 Invoice LWMM/RENEW 01/13/2014 01/28/2014 14,986.00 114 100.01.06.00.6102 1307676 1 Invoice STORAGE TANKS/CHANGE 01/13/2014 01/28/2014 796.00 114 100.04.51.07.6109 1307678 1 Invoice SURETY/RENEW 01/13/2014 01/28/2014 308.00 114 100.01.06.00.6108 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 14 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total R & R INS. SRV., INC:66,608.00 R.A. SMITH NATIONAL INC. 111963 1 Invoice PIONEER DR RECONSTR PROJEC 01/08/2014 01/28/2014 60.00 1213 401.08.91.19.6519 112145 1 Invoice RACINE AVE REC TRAIL CONST 01/21/2014 01/28/2014 14,113.61 1213 202.08.94.74.6573 Total R.A. SMITH NATIONAL INC. :14,173.61 REGISTRATION FEE TRUST RE12814 1 Invoice REG & TITLE/NEW SQD #12 01/02/2014 01/28/2014 89.50 114 100.07.20.01.6501 Total REGISTRATION FEE TRUST:89.50 ROSKOPF, SUSAN 2161048/12814 1 Invoice TAX REFUND/18 01/14/2014 01/28/2014 66.68 114 501.00.00.00.2120 Total ROSKOPF, SUSAN:66.68 ROZMAN TRUE VALUE/LIB 085671 1 Invoice MAIN BLDG GR/22761MBG 12/18/2013 01/28/2014 14.73 1213 100.05.71.00.5415 Total ROZMAN TRUE VALUE/LIB:14.73 RUESCH, PETER & CARYN 2198013/12814 1 Invoice TAX REFUND/24 01/22/2014 01/28/2014 117.48 114 501.00.00.00.2120 Total RUESCH, PETER & CARYN:117.48 SAFEWAY PEST MANAGEMENT INC. 458408 1 Invoice PEST CONTROL PD/JAN 01/13/2014 01/28/2014 35.00 114 100.02.20.01.5415 458409 1 Invoice PEST CONTROL LIB/JAN 01/13/2014 01/28/2014 30.00 114 100.05.71.00.5415 458410 1 Invoice PEST CONTROL CH/JAN 01/13/2014 01/28/2014 32.00 114 100.01.09.00.5415 Total SAFEWAY PEST MANAGEMENT INC.:97.00 SAFRON 118121 1 Invoice 2014 MORPHO TOUCH SUPPORT 12/01/2013 01/28/2014 464.35 114 100.02.20.01.5504 Total SAFRON:464.35 SC SPORTS MARKETING SC12814 1 Invoice 5TH GRDE TOURNY/BEILFUSS 01/15/2014 01/28/2014 185.00 114 100.05.72.17.5702 SC12814 2 Invoice 7TH GRDE TOURNY/NIEMCZYNSK 01/15/2014 01/28/2014 200.00 114 100.05.72.17.5702 Total SC SPORTS MARKETING:385.00 SCHMIDT, CHRISTINE 2221153 1 Invoice TYAX REFUND/24 01/22/2014 01/28/2014 180.80 114 501.00.00.00.2120 Total SCHMIDT, CHRISTINE:180.80 SEAWRIGHT, MICHAEL & KARMA 2227095/12814 1 Invoice TAX REFUND/20 01/16/2014 01/28/2014 139.72 114 501.00.00.00.2120 Total SEAWRIGHT, MICHAEL & KARMA:139.72 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 15 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number SET ENVIROMENTAL INC 0075817 1 Invoice NON HAZ/ RECY 10/30/2013 01/28/2014 12.50 1213 100.04.51.08.5704 0075817 2 Invoice NON HAZ/ RECY 10/30/2013 01/28/2014 6.25 1213 601.61.61.12.5750 0075817 3 Invoice NON HAZ/ RECY 10/30/2013 01/28/2014 6.25 1213 605.53.06.31.5750 Total SET ENVIROMENTAL INC:25.00 SNOW PLOW SOLUTIONS INC. 10520 1 Invoice EDGE BOLTS & V EDGES/PLOW 01/15/2014 01/28/2014 422.35 114 100.05.72.02.5405 9992 1 Invoice BOSS HARNESS 13 PIN BLOW SID 12/30/2013 01/28/2014 97.42 1213 100.05.72.02.5405 Total SNOW PLOW SOLUTIONS INC.:519.77 SOCHER, ALYSSA 2199999053 1 Invoice TAX REFUND/20 01/16/2014 01/28/2014 356.74 114 501.00.00.00.2120 Total SOCHER, ALYSSA:356.74 SOMAR TEK LLC/ ENTERPRISES 98079 1 Invoice FASHLIGHT KIT 12/07/2013 01/28/2014 44.99 1213 100.02.20.01.5151 98134 1 Invoice 2 RETIREMENT BADGES 01/10/2014 01/28/2014 108.00 114 100.02.20.01.5151 98136 1 Invoice EMERG LIGHT BULB/SQD 01/10/2014 01/28/2014 16.95 114 100.02.20.01.5405 98159 1 Invoice GLOVES 01/22/2014 01/28/2014 46.00 114 100.02.20.01.5151 Total SOMAR TEK LLC/ ENTERPRISES:215.94 ST. JOSEPH CATHOLIC SCHOOL ST12814 1 Invoice 5TH GRDE TOURNY/BEILFUSS 01/15/2014 01/28/2014 150.00 114 100.05.72.17.5702 Total ST. JOSEPH CATHOLIC SCHOOL:150.00 STAPLES ADVANTAGE INC 3218803141 1 Invoice CLIP BOARDS & PAPER 01/03/2014 01/28/2014 24.84 114 100.01.04.00.5701 3220019726 1 Invoice TONER CARTRIDGE 01/15/2014 01/28/2014 132.41 114 100.01.04.00.5701 3220019729 1 Invoice POCKET FOLDERS & PENS 01/15/2014 01/28/2014 11.68 114 100.01.04.00.5701 Total STAPLES ADVANTAGE INC:168.93 STREICHER'S I1066993 1 Invoice AMMO 01/06/2014 01/28/2014 123.98 1213 100.02.20.01.5720 Total STREICHER'S:123.98 SULLIVAN, MELISSA RAE 2212072/12814 1 Invoice TAX REFUND/19 01/15/2014 01/28/2014 20.77 114 501.00.00.00.2120 Total SULLIVAN, MELISSA RAE:20.77 TESS CORNERS VOLUNTEER FIRE DE TE/12814 1 Invoice 1ST QTR CONTRACT PAYM/2014 01/16/2014 01/28/2014 105,125.00 114 100.02.21.00.5850 Total TESS CORNERS VOLUNTEER FIRE DE:105,125.00 THOMPSON, KENT & JANICE 2167995092/12 1 Invoice TAX REFUND/18 01/14/2014 01/28/2014 242.53 114 501.00.00.00.2120 Total THOMPSON, KENT & JANICE:242.53 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 16 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number TIME WARNER CABLE 701507601/110 1 Invoice WAN ETHERNET CONNECTION C 01/06/2014 01/28/2014 180.00 114 100.05.72.01.5506 701507601/110 2 Invoice DEDICATED INTERNET CIRCUIT 01/06/2014 01/28/2014 921.35 114 100.01.14.00.5507 702959401/500 1 Invoice MTHLY CHG PK & REC 01/22/2014 01/28/2014 69.95 114 100.05.72.01.5506 Total TIME WARNER CABLE:1,171.30 TLO LLC TL12814 1 Invoice PERSON SEARCHES/2013 01/01/2014 01/28/2014 2.50 1213 100.02.20.01.5722 Total TLO LLC:2.50 TRI TOWN HEATING INC 919181 1 Invoice TUNE UP ROOF TOP 12/27/2013 01/28/2014 832.00 1213 100.04.51.08.5415 919181 2 Invoice TUNE UP ROOF TOP 12/27/2013 01/28/2014 416.00 1213 601.61.61.15.5415 919181 3 Invoice TUNE UP ROOF TOP 12/27/2013 01/28/2014 416.00 1213 605.54.06.41.5702 919565 1 Invoice REPAIR GAS LEAK 12/27/2013 01/28/2014 174.97 1213 100.04.51.08.5415 919565 2 Invoice REPAIR GAS LEAK 12/27/2013 01/28/2014 87.49 1213 601.61.61.15.5415 919565 3 Invoice REPAIR GAS LEAK 12/27/2013 01/28/2014 87.49 1213 605.54.06.41.5702 Total TRI TOWN HEATING INC:2,013.95 ULINE SHIPPING SUPPLY SPEC 56008647 1 Invoice TOILET PAPER DISPENSERS 01/09/2014 01/28/2014 95.42 114 100.05.72.02.5702 Total ULINE SHIPPING SUPPLY SPEC:95.42 UNISOURCE 5617-6713745 1 Invoice OFFICE SUPPLIES/22762S 12/19/2013 01/28/2014 822.00 1213 100.05.71.00.5701 Total UNISOURCE:822.00 USA FIRE PROTECTION 227647 1 Invoice MAINT BLDG/22765MBG 12/31/2013 01/28/2014 180.00 1213 100.05.71.00.5415 Total USA FIRE PROTECTION:180.00 VALUE LINE 10775576 1 Invoice PRINT MTLS/22751R 12/11/2013 01/28/2014 950.00 114 100.05.71.01.5711 Total VALUE LINE:950.00 VERIZON WIRELESS 9718115947 1 Invoice MTHLY CHG/POLICE 01/10/2014 01/28/2014 537.34 114 100.02.20.01.5604 9718115947 2 Invoice MTHLY CHG/WTR SCADA 01/10/2014 01/28/2014 54.19 114 605.56.09.21.5607 9718115947 3 Invoice MTHLY CHG/SWR SCADA 01/10/2014 01/28/2014 54.20 114 601.61.63.42.5606 9718115947 4 Invoice MTHLY CHG/ELEC PHONES 01/10/2014 01/28/2014 7.08 114 100.01.03.00.5704 9718115947 5 Invoice MTHLY CHG/IS 01/10/2014 01/28/2014 40.01 114 100.01.14.00.5601 9718115947 6 Invoice MTHLY CHG/PKS 01/10/2014 01/28/2014 20.64 114 100.05.72.01.5603 Total VERIZON WIRELESS:713.46 VON BRIESEN & ROPER S.C. 181739 1 Invoice ATTY FEES HAND/ PD ISSUES 01/08/2013 01/28/2014 731.00 1213 100.01.05.00.5805 181740 1 Invoice ATTY FEES/ ADA ISSUES 01/08/2013 01/28/2014 86.00 1213 100.01.05.00.5805 Total VON BRIESEN & ROPER S.C.:817.00 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 17 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number WAL-MART COMMUNITY 13689 1 Invoice SUPPLIES/PARKS 01/13/2014 01/28/2014 62.92 114 100.05.72.02.5702 20318 1 Invoice PK ARTHUR/SOAP & TISSUE 12/20/2013 01/28/2014 33.82 1213 100.05.72.02.5702 Total WAL-MART COMMUNITY:96.74 WAUK CNTY POLICE CHIEFS' ASSN WA12814 1 Invoice MEMBER FEES 01/21/2014 01/28/2014 85.00 114 100.02.20.01.5305 Total WAUK CNTY POLICE CHIEFS' ASSN:85.00 WAUK CNTY REGISTER OF DEEDS WA12814 1 Invoice EASEMENTS 01/10/2014 01/28/2014 90.00 1213 216.08.00.00.6503 WA12814 2 Invoice TRAIL CT/COUNCIL RESO/DD738 01/10/2014 01/28/2014 30.00 1213 507.00.00.00.2793 Total WAUK CNTY REGISTER OF DEEDS:120.00 WAUK CNTY SHERIFF'S DEPT WA12814 1 Invoice BOND/ASHLEY ALTMEYER 01/17/2014 01/28/2014 944.80 114 100.01.08.00.4269 WA12814 2 Invoice BOND/ANTHONY KIRK 01/17/2014 01/28/2014 1,104.00 114 100.01.08.00.4269 Total WAUK CNTY SHERIFF'S DEPT:2,048.80 WAUKESHA COUNTY TREASURER 2013-293 1 Invoice INMATE HOUSING/CT 12/30/2013 01/28/2014 534.28 1213 100.01.08.00.6017 2013-293 2 Invoice INMATE HOUSING/PD 12/30/2013 01/28/2014 14.06 1213 100.02.20.01.5722 2014-0000003 1 Invoice TRUNKED RADIO SRVS 01/07/2014 01/28/2014 22,507.00 114 100.02.22.00.6023 Total WAUKESHA COUNTY TREASURER:23,055.34 WAUSAU EQUIPMENT COMPANY, INC. 15740 1 Invoice PIVOT BOLT 01/14/2014 01/28/2014 406.24 114 100.04.51.07.5405 157428 1 Invoice SLOTTED 01/14/2014 01/28/2014 106.37 114 100.04.51.07.5405 Total WAUSAU EQUIPMENT COMPANY, INC.:512.61 WE ENERGIES 1210-375-582-1 Invoice FIRING RANGE 01/20/2014 01/28/2014 15.03 114 100.02.20.01.5910 1479266911/12 1 Invoice RACINE AVE/SIGN LT 12/04/2013 01/28/2014 16.69 1213 100.04.51.06.5910 5063865935/11 1 Invoice W18167 JANES/ST LT 11/26/2013 01/28/2014 11.43 1213 100.04.51.06.5910 8695949170/12 1 Invoice SJHOOTHOUSE 01/20/2014 01/28/2014 33.81 114 100.02.20.01.5910 9026-628-301/1 Invoice 12/2013/ WELLS 7,8,&12 01/10/2014 01/28/2014 1,297.21 1213 605.52.06.22.5910 Total WE ENERGIES:1,374.17 WEST ALLIS POLICE DEPARTMENT WE12814 1 Invoice BOND/JUSTIN HERMAN 01/13/2014 01/28/2014 1,084.00 114 100.01.08.00.4269 Total WEST ALLIS POLICE DEPARTMENT:1,084.00 WHITLOW SECURITY SPECLTS INC R12739 1 Invoice REKEY & 27 NEW KEYS 01/09/2014 01/28/2014 346.73 114 202.08.94.74.6530 Total WHITLOW SECURITY SPECLTS INC:346.73 WILEAG WI12814 1 Invoice 2014 PROGRAM FEES 12/30/2013 01/28/2014 600.00 114 100.02.20.01.5305 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 18 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total WILEAG:600.00 WI-PAC WI12814 1 Invoice 2014 ANL DUES 01/01/2014 01/28/2014 50.00 114 100.02.20.01.5303 Total WI-PAC:50.00 WIS AUTOMATIC DOOR, INC. 0002171-IN 1 Invoice FRONT DOOR MAINT 01/16/2014 01/28/2014 365.00 114 100.01.09.00.5415 Total WIS AUTOMATIC DOOR, INC.:365.00 WIS DEPT OF JUSTICE WI12814 1 Invoice RECORD CKS/DEC 01/03/2014 01/28/2014 84.00 1213 100.01.06.00.6002 Total WIS DEPT OF JUSTICE:84.00 WIS DEPT OF JUSTICE - TIME T16373 1 Invoice 2014 TIME AGREE 01/14/2014 01/28/2014 9,552.00 114 100.02.20.01.5610 T16692 1 Invoice TIME SYS ACCESS & SUPPORT/Q 01/14/2014 01/28/2014 300.00 114 100.01.08.00.5702 Total WIS DEPT OF JUSTICE - TIME:9,852.00 WIS EMERGENCY MANAGEMENT 179766 1 Invoice 2013 HAZ CHEMICAL FEE 01/23/2014 01/28/2014 485.00 1213 100.04.51.02.6025 Total WIS EMERGENCY MANAGEMENT:485.00 WIS MUNC COURT CLERKS ASSC. WM12814 1 Invoice 2014 DUES/SUSAN & EMILY 01/15/2014 01/28/2014 80.00 114 100.01.08.00.5303 Total WIS MUNC COURT CLERKS ASSC.:80.00 WIS POLICE EXECUTIVE GROUP WI12814 1 Invoice 2014 ANL DUES 12/01/2013 01/28/2014 100.00 114 100.02.20.01.5303 Total WIS POLICE EXECUTIVE GROUP:100.00 WIS RURAL WATER ASSOC 2267 1 Invoice ANL SAFETY TRAINING 01/08/2014 01/28/2014 1,606.86 114 100.01.06.00.6021 Total WIS RURAL WATER ASSOC:1,606.86 WIS SUPREME COURT WI12814 1 Invoice CONT JUDICAL EDUC 01/07/2014 01/28/2014 625.00 114 100.01.08.00.5303 Total WIS SUPREME COURT:625.00 WOLF PAVING COMPANY inc 41241A 1 Invoice WDS RD TRAIL CONST/FINAL 01/15/2014 01/28/2014 15,762.09 1213 401.08.91.19.6523 Total WOLF PAVING COMPANY inc:15,762.09 YOUSSI, DENNIS YO12814 1 Invoice REIMB/SHOP COFFE POT 01/18/2014 01/28/2014 105.09 114 100.04.51.08.5704 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 19 Report dates: 1/17/2014-1/28/2014 Jan 24, 2014 12:14PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total YOUSSI, DENNIS:105.09 ZIELKE, ANN 71338 1 Invoice REF/LITTLE IMAGINATIONS 01/17/2014 01/28/2014 37.00 114 100.00.00.00.2110 Total ZIELKE, ANN:37.00 ZUERN BUILDING PRODUCTS 100349 1 Invoice LUMBER/CEDAR 01/10/2014 01/28/2014 102.42 114 100.05.72.02.5415 100354 1 Invoice TRAILER BOARDS 01/10/2014 01/28/2014 357.25 114 100.05.72.02.5405 Total ZUERN BUILDING PRODUCTS:459.67 Grand Totals: 1,087,053.84 Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments"