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COMMON COUNCIL Packet- 9/23/2014 CITY OF MUSKEGO COMMON COUNCIL AGENDA September 23, 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 petition of Ener-Con Companies, Inc. to grant a zoning amendment to the existing PD-14 Bay Breeze Planned Development District for property known as Tax Key Numbers 2193.970.028 and 2193.970.029 and to grant a rezoning from RL-3 - Lakeshore Residence District to PD-14 Bay Breeze Planned Development District for property known as Tax Key Number 2195.999. The purpose of the petitioner's request is to allow new single-family and multi-family uses. To consider revisions to Chapter 17, Zoning Ordinance of the City of Muskego Municipal Code, relating to the allowance of fowl on residential parcels less than 120,000 square feet in size. To consider petition of Towne Realty to grant a rezoning from RC-2 and RC-3 - Country Residence Districts to PD Planned Development District for property known as Tax Key Numbers 2253.998.003 and 2253.998.004 (North Cape Road). The City previously approved this designation in 2007 and petitioner is requesting modifications to the layout. To consider petition of Chrisben III, LLC to grant a rezoning from B-4 - Highway Business District to DR-1 - Downtown Revival District for property known as Tax Key No. 2198.948 (Janesville Road) for the purpose of expanding commercial development opportunities. 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. Common Council Agenda 2 September 23, 2014 Approval of Operator Licenses Reso. #073-2014 - Resolution Authorizing the Redemption of Sewer System Revenue Refunding Bonds, Series 2005 Reso. #074-2014 - Approval of City of Muskego/Fitzgerald Use & Maintenance Agreement for Freedom Square Park Parking Lot Reso. #075-2014 - Approval of 2014 Water Utility Rate Increase Reso. #076-2014 - Approval of Belle Chasse Addition #2 (Phase #3) Subdivider's Agreement Reso. #077-2014 - Resolution to Grant a Land Use Permit to Belle Chasse Partners, LLC REVIEW OF COMMITTEE REPORTS Parks & Recreation Board - August 11, 2014 Public Works Committee - August 18, 2014 Finance Committee - August 26, 2014 Conservation Commission - June 12, 2014 Community Development Authority - July 15, 2014 FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED Ord. #1385 - An Ordinance to Amend the Zoning Map of the City of Muskego (Ener- Con Companies, Inc. - RL-3 to PD-14 and PD-14 Amendment) Ord. #1386 - An Ordinance to Amend Chapter 17, Section 8.01 (3) B. 6., of the Municipal Code of the City of Muskego (Permitted Accessory Uses) Ord. #1387 - An Ordinance to Amend the Zoning Map of the City of Muskego (Towne Realty - RC-2 and RC-3 to Planned Development District) Ord. #1388 - An Ordinance to Amend the Zoning Map of the City of Muskego (Chrisben III, LLC - B-4 to DR-1) LICENSE APPROVAL Approval of Outside Dance Permit for Moo, Inc. d/b/a Bass Bay Brewhouse & Eatery and Aud Mar Banquets for 10/4/2014 Noon to 8:00 pm VOUCHER APPROVAL Utility Vouchers Tax Vouchers Common Council Agenda 3 September 23, 2014 General Fund Vouchers Wire Transfers for Debt Service Wire Transfers for Payroll Transmittals CLOSED SESSION Please take notice that following Voucher Approval, the Common Council will convene, upon passage of the proper motion, into closed session pursuant to Wis. Stats. §19.85(1)(g), to confer with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, more specifically the Decision of the Wisconsin Court of Appeals and the further litigation processes and issues regarding Parkland Venture, LLC vs. City of Muskego, Case No. 09 CV 3540; and the potential effects of the anticipated results of the pending foreclosure action, Muskego Adventures, Inc. v. Parkland Venture, LLC, et al., Case No. 14 CV 1724, regarding the subject property, on the Parkland Venture action. Please take notice that following the first closed session, the Common Council will convene, upon passage of the proper motion, into closed session pursuant to: Wis. Stats. §19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, more specifically Tax Incremental Finance District 10 negotiations and agreements – Chase Victor Holdings, LLC. Action may be taken in closed session. The Common Council will then reconvene into open session to continue with agenda items. OPEN SESSION NEW BUSINESS Reso. #078-2014 - Resolution Authorizing TID 10 Developer Agreement: Chase Victor Holdings, LLC CITY OFFICIALS' REPORTS City Calendar: http://www.cityofmuskego.org/Calendar.aspx COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW FUTURE AGENDA ITEMS ADJOURNMENT Common Council Agenda 4 September 23, 2014 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. I 0 7 1 0 1 , 4 2 0 3 5 5 F e e tScale: L e g e n d A f f e c t e d P r o p e r t i e s P r o p e r t i e s w i t h i n N o t i f i e d A r e a R i g h t - o f - W a y M u n i c i p a l B o u n d a r y P a r c e l s S t r u c t u r e s L a k e J a n e s v ill e R o a d Pioneer Drive P a r k D r i v e LittleMuskegoLake CITY OF MUSKEGO NOTICE OF PUBLIC HEARING P L E A S E T A K E N O T I C E t h a t t h e C o m m o n C o u n c i l o f t h e C i t y o f M u s k e g o w i l l h o l d a P u b l i c H e a r i n g a t 7 : 0 0 P M , o r s h o r t l y t h e r e a f t e r , o n T u e s d a y , S e p t e m b e r 2 3 , 2 0 1 4 , i n t h e M u s k e g o R o o m o f C i t y H a l l , W 1 8 2 S 8 2 0 0 R a c i n e A v e n u e , t o c o n s i d e r t h e f o l l o w i n g : U p o n t h e p e t i t i o n o f E n e r - C o n C o m p a n i e s I n c . s h a l l t h e f o l l o w i n g a r e a k n o w n a s : T a x K e y N u m b e r s 2 1 9 3 . 9 7 0 . 0 2 8 & 2 1 9 3 . 9 7 0 . 0 2 9 b e g r a n t e d a z o n i n g a m e n d m e n t t o t h e e x i s t i n g P D - 1 4 B a y B r e e z e P l a n n e d D e v e l o p m e n t D i s t r i c t f o r t h e p u r p o s e o f a l l o w i n g n e w s i n g l e - f a m i l y a n d m u l t i - f a m i l y u s e s . T a x K e y N u m b e r 2 1 9 5 . 9 9 9 b e g r a n t e d a r e z o n i n g f r o m R L - 3 L a k e s h o r e R e s i d e n c e D i s t r i c t t o P D - 1 4 B a y B r e e z e P l a n n e d D e v e l o p m e n t D i s t r i c t f o r t h e p u r p o s e o f a l l o w i n g n e w s i n g l e - f a m i l y a n d m u l t i - f a m i l y u s e s . T h e p e t i t i o n e r s a p p l i c a t i o n i s a v a i l a b l e f o r p u b l i c i n s p e c t i o n a t t h e C i t y o f M u s k e g o C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t . A l l i n t e r e s t e d p a r t i e s w i l l b e g i v e n a n o p p o r t u n i t y t o b e h e a r d . P l a n C o m m i s s i o n C i t y o f M u s k e g o P u b l i s h i n t h e M u s k e g o N O W N e w s p a p e r o n S e p t e m b e r 4 , 2 0 1 4 a n d S e p t e m b e r 1 1 , 2 0 1 4 . D a t e d t h i s 2 7 t h d a y o f A u g u s t , 2 0 1 4 . N O T I C E I T I S P O S S I B L E T H A T M E M B E R S O F A N D P O S S I B L Y A Q U O R U M O F M E M B E R S O F O T H E R G O V E R N M E N T A L B O D I E S O F T H E M U N I C I P A L I T Y M A Y B E I N A T T E N D A N C E A T T H E A B O V E - S T A T E D M E E T I N G A N D G A T H E R I N F O R M A T I O N ; N O A C T I O N W I L L B E T A K E N B Y A N Y G O V E R N M E N T A L B O D Y A T T H E A B O V E - S T A T E D M E E T I N G O T H E R T H A N T H E G O V E R N M E N T A L B O D Y S P E C I F I C A L L Y R E F E R R E D T O A B O V E I N T H I S N O T I C E . N O T I C E " P l e a s e n o t e t h a t , u p o n r e a s o n a b l e n o t i c e , e f f o r t s w i l l b e m a d e t o a c c o m m o d a t e t h e n e e d s o f d i s a b l e d i n d i v i d u a l s t h r o u g h a p p r o p r i a t e a i d s a n d s e r v i c e s . F o r a d d i t i o n a l i n f o r m a t i o n o r t o r e q u e s t t h i s s e r v i c e , c o n t a c t t h e C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t a t C i t y H a l l , W 1 8 2 S 8 2 0 0 R a c i n e A v e n u e , ( 2 6 2 ) 6 7 9 - 4 1 3 6 . " CITY OF MUSKEGO Staff Report to Council September 23, 2014 Meeting To: Common Council From: Jeff Muenkel, AICP Subject: Ener-Con Rezoning Date: September 17, 2014 Background Information: Ener-Con Companies Inc. is petitioning for a rezoning for three (3) properties along Janesville Road just north of Pioneer Drive. These are the same properties that were requested for a rezoning back in July 2014 by Ener-Con. The properties and rezoning requests consist of the following:  Tax Key No. 2193.970.029 owned by Michael Dilworth (easternmost parcel) o 3.132 acres of land with residential structure existing upon it o 231.94 feet of Little Muskego Lake frontage o 204.46 of Janesville Road frontage o $1,382,000 Assessed value ($524,400 land / $857,600 improvements) o Rezoning request for this parcel is to amend the existing PD-14 Bay Breeze Planned Development Zoning District it currently resides in per the submittal described in more detail below.  Tax Key No. 2193.970.028 owned by Michael Dilworth(central parcel) o 2.129 acres of land with residential structure existing upon it o 195.31 feet of Little Muskego Lake frontage o 264.08 of Janesville Road frontage o $957,700 Assessed value ($478,100 land / $479,600 improvements) o Rezoning request for this parcel is to amend the existing PD-14 Bay Breeze Planned Development Zoning District it currently resides in per the submittal described in more detail below.  Tax Key No. 2195.999 owned by Dan Hewitt (westernmost parcel) o 1.44 acres of vacant land o 0 feet of Little Muskego Lake frontage o 116.86 of Janesville Road frontage o $155,600 Assessed value ($155,600 land / $0 improvements) o Rezoning request for this parcel is to rezone the parcel from RL-3 Lakeshore Residence District to be included in the existing PD-14 Bay Breeze Planned Development Zoning District per the submittal described in more detail below. Rezoning Concept Plan The rezoning request is to take the three parcels noted above to amend them in the existing PD-14 Planned Development Zoning District. The attached developer submittal provides the intentions of the amendments to the planned development in detail. In general, the proposal is to develop the properties as follows below, subject to future Planning Commission approvals. A site plan, building elevations, and renderings are included in the submittal attached.  Remove the residential structure and associated accessory structures on the middle parcel but retain the single family home on the easternmost parcel.  Create a new single-family community along the northwest portion of the property along Little Muskego Lake consisting of five (5) garden homes. Homes to have “high end architecture”, private pool, and lake frontage/piers.  Create multi-family housing units consisting of one (1) structure situated up along Janesville Road. Structure would consist of a twelve (12) unit complex to the west. Building would be built in two stories with full masonry construction and would include underground parking. Every unit would have lake views.  Piers with boat slips are intended consisting of a pier to be retained for the existing single-family home and individual piers for the garden homes. No piers for the multi-family units. The amount of boat slips and piers is strictly governed/permitted by the WDNR. PD-14 History The original Bay Breeze planned development (PD-14) was approved back in 1990 and allowed the 74 units of Bay Breeze condominiums as they exist today. Originally the city approved a mixed use facility (offices & restaurant) and a seven (7) parcel single family development for the PD west of the Bay Breeze condominiums. Over time the PD was amended to remove the mixed use facility, but up to 10 units of residential were allowed in its place. Along with the prior seven (7) units of residential, a total of seventeen (17) units were allowed where four (4) single family structures now exist today. The original PD-14 density was not based on any specific calculations but on how the development fit into the surrounding neighborhood at the time. Former DJs Parcel History The former DJs Bar and Grill property is zoned RL-3 which allows land divisions under the RS-3 density (15,000 SF per parcel). Recent approvals for that site by the Council did allow up to four (4) units of residential along with the allowance to rebuild a bar/restaurant. The Council approved the DR-1 zoning district there, contingent on the restaurant and up to 4 units getting built which is now not taking place. One note is that the DR-1 zoning district does allow 1 residential unit per 7,200 square feet of land area. Proposed Development Density In all, the density created by this plan would be a total of eighteen (18) units over approximately 6.717 acres, which results in approx. 2.69 units/acre or 1 unit per 16,214 square feet. Six (6) of these units would be single family residential homes (5 garden homes and one existing home) and twelve (12) of the units would be the multi- family housing. Again as the developer narrative details, the new PD-14 would now have a total of twenty (20) units now west of the Bay Breeze condos consisting of the three (3) easternmost single-family residential homes to remain, the five (5) garden homes, and the twelve (12) units of multi-family housing. When considering four (4) units were allowed for the DJs parcel (per the recent Council approval) and 17 units were allowed in the original PD, this twenty (20) units is less than what the original PD-14 zoning had back in 1990. The Bay Breeze Condos are at 4 units/acre OR 1 unit for every 10,949 SF (74 units on 18.6 acres (810,216 SF)) and are shown as High Density uses in the 2020 Comp Plan. Planned Development Zoning Ordinance A planned development zoning district is written in the City’s zoning code to allow development, subject to Council determination, as follows: This district is intended to allow for greater freedom, imagination, and flexibility in the development of land while insuring substantial compliance to the intent of the normal district regulations of this ordinance. To this intent it allows diversification and variation in the relationship of uses, structures, open spaces, and heights of structures in developments conceived, and planned as comprehensive and cohesive unified projects. It is further intended to encourage more rational and economic development with relationship to public services, and to encourage the preservation of open land. Individual uses and structures in a Planned Development Project District need not comply with the specific building location, height, building size, lot size, and open space requirements of the underlying basic district provided that the spirit and intent of such requirements are complied with in the total development plan for such project consistent with the criteria as established in the basis for approval below. As mentioned, the past PD-14 didn’t have a general density that it was following when the first PD was approved. Rather, the Council at that time approved the development based on how it fit into the neighborhood along the lake and Janesville Road. Overall, the Council has flexibility in approving a planned development amendment request as they can attribute the density to existing zoning districts that are in place should they want to. For reference, the proposed unit density is comparable to the City’s RS-3 single-family zoning district density of 1 unit per 15,000 square feet. 2020 Comprehensive Plan The previous July submittal required a 2020 Comprehensive Plan amendment as part of the rezoning. The request today does not require an amendment. The 2020 Comprehensive Plan has this area reserved for Medium Density Residential Uses (1-2.99 units/acre OR up to 1 unit for every 14,568 square feet (43,568 SF/2.99)) and the requested density today shows a total of 18 units on the 6.717 acres resulting in 2.69 units/acre or 1 unit for 16,214 square feet. Next Steps The next step for the rezoning would be the recommendation before the Planning Commission on Tuesday October 7th at 6 pm. If PC action is completed the Council could formally act on the submittal at their Tuesday October 14th meeting at 7 pm. If the rezoning is granted the developers would still need full Building, Site, and Operation Plan approval from the City’s Planning Commission for all elements of the proposed concept plan shown herein. The rezoning ordinance is contingent upon BSO approval and execution. Comparison to July 2014 Proposal Sept. 2014 July 2014 (Proposal that was reduced at the Planning Commission) Units Proposed: 18 Units Proposed: 31 Unit Types: 5 garden homes, 12 multi-fam. units, 1 exist. Home Unit Types: 6 garden homes, 24 senior-housing units, 1 exist. home Proposed Unit Density/acre: 2.69 Proposed Unit Density/acre: 4.62 Proposed Unit Density/square foot: 1 per 16,214 SF Proposed Unit Density/square foot: 1 per 9,438 SF Comp Plan Density: Medium Comp Plan Density: High Comp Plan Amendment Required: NO Comp Plan Amendment Required: YES Current Zoning & 2020 Land Use Proposed Zoning & 2020 Land Use Ener-Con RezoningEner-Con Rezoning Created By: City of Muskego September 15, 2014´Legend Affected Properties Zoning Right-of-Way Structures Water Body Janesville R o a d Parcels RS-3 PD-14 (Single-Family/Multi-Family) RL-3 Pi o n e e r D r i v e High Density Res. Commercial Medium Density Res. 2020 Land Use Petitioner: Ener-Con Companies Tax Key Number:2193.970.028, 2193.970.029, & 2195.999 I-1 B-3 B-3 HC-1 PD-10 (Single-Family) PI-1 Little Muskego Lake Government & Institutional Janesville R o a d RS-3 PD-14 (Single-Family/Multi-Family) RL-3 Pi o n e e r D r i v e I-1 B-3 B-3 HC-1 PD-10 (Single-Family)PI-1 Little Muskego Lake RL-3 ERS-3 I-1 RL-3 ERS-3 I-1 B-4 B-4 RREEAALL EESSTTAATTEE:: DDEEVVEELLOOPPEERRSS ♦♦ BBUUIILLDDEERRSS ♦♦ PPRROOPPEERRTTYY MMAANNAAGGEEMMEENNTT ♦♦ SSAALLEESS 8575 W. Forest Home Ave., Suite 160 Greenfield, WI 53228 Office (414) 425-4939 Fax: (414) 425-4946 August 26, 2014 PROPOSAL Ener-Con Companies Inc. is seeking zoning and city approvals to develop 3 parcels on Little Muskego Lake. The parcels include two residential homes (MSKC 2193970029 & MSKC 2193970028) and the former DJ’s Bar and Grill (MSKC2195999) all located on Janesville Road just north of Pioneer Drive. The zoning is currently PD-14 Bay Breeze Planned Development. This proposal is sought to amend the boundaries of the district to now include the parcel to the west (MSKC2195999) formally known as DJ’s Bar & Grill. The development would keep the easternmost home (MSKC 2193970029) and remove the westernmost home (MSKC 2193970028). This would pave the way for 5 new garden homes along the lake frontage and one multifamily building along Janesville Road. GARDEN HOME COMPLEX The Garden Home complex would be a private gated complex of five single-family residential homes. The homes would be high-end architecture and have private lake access. Each garden home would have their own pier (see pier section below for DNR allowances per State Statutes). A private pool would be part of the complex along with gated access. An average sales price of $700,000 - $900,000 per home is envisioned. Preliminary drawing/pictures/arch plans are attached showing the desire of the homes. MULTI-FAMILY CONDOMINIUMS The proposed multi-family building will consist of 12 condominiums. Eight of the units will average 1,800 sq. feet, allowing 2 bedrooms and a den. The remaining four units will be approximately 1,600 sq. feet, and will accommodate 2 bedrooms each. The average sales price is $250,000 per condominium, each unit producing lake views. The condominium documents and bylaws will allow for an option to rent. The development should work well in a downtown promoting walkability for its residents and bringing a good density of people to the area amenities. Architectural drawings will be submitted at a later date and are subject to all municipal requirements, restrictions, and approvals. ZONING & DENSITY The current zoning of the two easternmost parcels is PD-14 while the westernmost parcel (DJ’s) is currently zoned RL-3 Lakeshore Residence District. The proposal is to change the westernmost parcel from RL-3 to PD- 14 zoning. The Bay Breeze planned development was approved back in 1990 and allowed the 74 units of Bay Breeze condominiums as they exist today. Originally the city approved a mixed use facility (offices & restaurant) and a seven (7) parcel single family development for the PD west of the Bay Breeze condominiums. Over time the PD was amended to remove the mixed use facility, but up to 10 units of residential were allowed in its place. Along with the prior seven (7) units of residential, a total of seventeen (17) units were allowed where four (4) single family structures now exist today. The former DJs Bar and Grill property is zoned RL-3 which allows land divisions under the RS-3 density (15,000 SF per parcel). Recent approvals for that site by the Council did allow up to four (4) units of residential along with the allowance to rebuild a bar/restaurant. The three parcels combine for a total of approximately 6.717 acres or 291,852 square feet. Eighteen (18) total units are proposed in this plan which equates to 2.69 units per acre or 1 unit for every 16,214 square feet. In all, the proposal would have a total of eighteen (18) units now west of the Bay Breeze condos consisting of the three (3) easternmost single-family residential homes to remain, the five (5) garden homes, and the 12 multifamily condominiums. The proposed development still fits within the Comprehensive Plan density originally allowed for the Bay Breeze Condominiums. 2020 COMPREHENSIVE PLAN The 2020 Comprehensive Plan has this area reserved for Medium Density Residential Uses (1-2.99 units/acre OR up to 1 unit for every 14,568 square feet (43,568 SF/2.99)). It should be noted that the 2020 Comprehensive Plan states the following of which this proposal promotes: Housing Objective: Develop new neighborhoods or individual developments that increase the diversity of housing options in the city, consistent with the City’s Land Use objectives. Housing Recommendation: Adopt the 2020 Future Land Use Map proposed in this Plan. This Plan is largely an extension of the 2010 Plan. It allows for a mix of densities of developable land that provide a diverse array of housing options, which include affordable opportunities and housing for elderly. This will work to keep families together and allow diverse populations to exist. While some lands will allow low- density single-family development, opportunities will still exist in some of the more urban areas of Muskego for higher density residential uses and mixed-use developments. Economic Development Recommendation: The downtown of Muskego (generally located along Janesville Road) should be focused upon in order to facilitate groupings of viable businesses. The downtown should work around the future Janesville Road reconstruction project to incorporate a sense of place and destination for residents and visitors. The following recommendations are sought to aid the future viability of Muskego’s downtown:  Explore the formulation of a Business Improvement District (BID) pursuant to Wisconsin Statutes once increased development of the “downtown” takes place.  Encourage, where applicable, a high degree of commercial, retail, office, and residential use in the downtown area. Continue to allow amendments to the Zoning Code, when required, to permit greater flexibility in the uses of downtown property.  Work towards a “park-once-and-walk” downtown.  Amend the Downtown Design Guide to reflect the identities and boundaries found within the “downtown.” It should also be noted that the City of Muskego adopted Marketing Plan states the following of which this proposal promotes: Janesville Road Corridor Specific Strategies:  Look for opportunities for high-quality multifamily development.  Target opportunities for mixed-use, multi-story development to bring more office and residential density to the corridor and the center of the community. FUTURE SUBMITTALS Upon approvals of the rezoning the proper approvals from the City’s Planning Commission will be sought to ensure the proposal meets City ordinances (access, architectural design, etc.) and proposes the appropriate buffers to fit well into the neighborhood. Full architectural and site plans would be submitted for the multifamily as well as the garden homes. Land division documents as required would also be submitted. CLOSING This development would increase the City’s tax base, provide housing for the growing community, would remove the zoning of a restaurant and/or bar and should have little if any impact on the school district. 11 80' SCALE 1"=40' 40' 0'40' 80' Te l e : ( 2 6 2 ) 6 3 4 - 5 5 8 8 F a x : ( 2 6 2 ) 6 3 4 - 5 0 2 4 14 5 8 H o r i z o n B l v d . S u i t e 2 0 0 , R a c i n e , W I . 5 3 4 0 6 W e b s i t e w w w . n m b s c . n e t 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, September 23, 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 17 Zoning Ordinance of the City of Muskego Municipal Code relating to the allowance of fowl on residential parcels less than 120,000 square feet in size. 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 September 4, 2014 and September 11, 2014. Dated this 27th day of August, 2014. 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." CITY OF MUSKEGO Staff Report to Council September 23, 2014 Meeting To: Common Council From: Jeff Muenkel, AICP Subject: Chicken Ordinance Date: September 15, 2014 Background Information: Per Committee of the Whole direction in August staff has prepared the possible fowl ordinance below. A public hearing is set for before the September 23, 2014 Council to consider the ordinance. All requested ordinance possibilities, based on “like” ordinances from other surrounding municipalities, are included in the initial ordinance below. Council may wish to remove or change the ordinance language during the next few meetings which can be done as long as the ordinance parts that are changed are in a less restrictive way. Adding more restrictive language would require a new public hearing to be scheduled. Chapter 17, Section 8.01(3)B.6. The keeping or raising of domestic livestock for show, breeding, or other use incidental to the principal use of the premises subject to the following: a. The keeping or raising of hogs, or fur bearing animals other than rabbits shall not be permitted. b. The raising of fowl for personal use, on lots less than 120,000 square feet, shall be considered an accessory use in all Single-Family Residential Zoning Districts and shall meet the following requirements below. 1. Up to a total of four (4) fowl allowed per single-family property. No fowl are allowed on commercial, industrial, or multi-family properties. 2. No roosters. 3. No slaughtering on site. 4. Fowl shall be kept within a secure outdoor enclosure of no more than 50 square feet and said enclosure must be maintained in a clean and sanitary condition. Said enclosure must be cleaned on a regular basis to prevent offensive odors. 5. Enclosures shall be located no closer than twenty-five (25) feet to neighboring dwellings and a minimum of ten (10) feet from the property line. 6. Fowl may not be kept in the front yard of a property. For the purpose of this code front yard is defined as between a home and a roadway. Homes that are located on multiple roadways are considered to have multiple front yards. 7. Fowl may not be kept within 50 feet from the ordinary high water mark (OHWM) of any navigable waterway. 8. The chickens and/or ducks cannot cause a nuisance, unhealthy condition, or interfere with the normal use of property or enjoyment of life by humans or animals. 9. A Zoning Permit is required from the Community Development Department before the allowance of fowl per the ordinance herein. As part of the Zoning Permit, neighbor permission is required consisting of signoff from each adjoining property owner, including corner abutting owners (but not across a roadway). 10. In the event a property owner/tenant does not first get a permit or if the property owner/tenant who has a valid permit does not follow the above requirements of the fowl ordinance, permanent revocation of the allowance of fowl on the property under this ordinance may take place. 11. By receiving an approved permit an applicant agrees to allow the city onsite inspections, upon agreed upon times, to review any complaints. 12. Failure to follow the requirements of this ordinance is subject to citations. b.c. Not more than one head of livestock, and 20 fowl, shall be permitted per 40,000 square feet of lot area nor shall any such livestock or fowl be permitted on a lot less than 120,000 square feet in area unless the requirements are met for fowl per section b. above. Community  Are Chickens Allowed  on Smaller Lots? # Allowed  Permit  Required?  Rooster  Allowed?  Slaughter  Permitted?  Coop  Restrictions?  New Berlin Yes 4 No No No  25' from neighboring homes, 5 '  from lot lines  Milwaukee  Yes,  Neighbors approval needed 4 Yes No No  Required, 25' from neighboring  homes, not in front yard  Madison Yes 4 Yes No No  Yes, must be enclosed, 25' from  neighboring homes  Franklin No, 3 acres or more ‐ ‐  ‐  ‐  ‐  River Hills  Yes, typically larger lots  in the Village ‐ ‐ No ‐  ‐  Greenfield No ‐ ‐ ‐ ‐  ‐  Oak Creek  No, Only in A‐1 Zoning  (Typically 5 Acres+) ‐ ‐ ‐  ‐  ‐  Wauwatosa Yes 4 Yes No No  Yes, must be enclosed, 25' from  neighboring homes  Greendale No ‐ ‐ ‐ ‐  ‐  General Observations:  Some communities allow chickens on residential lots, while some other do not.  The biggest concerns relate to cleanliness (relating to health issues and  smells) and noise.  These items appear to be addressable with proper code language and requirements.  Common Requirements:  1. Enclosures must be kept in a neat and sanitary condition at all times, and must be cleaned on a regular basis to prevent offensive odors.  2. Regulations do not apply to indoor birds kept as pets.  3. Not typically allowed on multi‐family, commercial, or mixed‐use properties.  4. Coops cannot be in homes or garages.  5. Chickens cannot cause a nuisance, unhealthy conditions, or interfere with the normal use of property or enjoyment of life by humans or animals.  6. The property must register as a "Livestock Premise" for chickens through the Wisconsin Department of Ag., Trade and Consumer Protection.  7. Coop must be located a certain distance from neighboring homes and/or lot lines.  I 0 1 , 4 0 0 2 , 8 0 0 7 0 0 F e e tScale: L e g e n d A f f e c t e d A r e a P r o p e r t i e s w i t h i n 3 0 0 f t R i g h t - o f - W a y M u n i c i p a l B o u n d a r y P a r c e l s S t r u c t u r e s L a k e North Cape Rd. B o x h o r n D r . D urh a m Dr. CITY OF MUSKEGO NOTICE OF PUBLIC HEARING P L E A S E T A K E N O T I C E t h a t t h e C o m m o n C o u n c i l o f t h e C i t y o f M u s k e g o w i l l h o l d a P u b l i c H e a r i n g a t 7 : 0 0 P M , o r s h o r t l y t h e r e a f t e r , o n T u e s d a y , S e p t e m b e r 2 3 , 2 0 1 4 , i n t h e M u s k e g o R o o m o f C i t y H a l l , W 1 8 2 S 8 2 0 0 R a c i n e A v e n u e , t o c o n s i d e r t h e f o l l o w i n g : U p o n t h e p e t i t i o n o f T o w n e R e a l t y s h a l l t h e f o l l o w i n g a r e a k n o w n a s : T a x K e y N u m b e r s 2 2 5 3 . 9 9 8 . 0 0 3 & 2 2 5 3 . 9 9 8 . 0 0 4 b e g r a n t e d a r e z o n i n g f r o m R C - 2 C o u n t r y R e s i d e n c e D i s t r i c t a n d R C - 3 C o u n t r y R e s i d e n c e D i s t r i c t t o P D P l a n n e d D e v e l o p m e n t D i s t r i c t . T h e C i t y o f M u s k e g o p r e v i o u s l y a p p r o v e d t h i s d e s i g n a t i o n i n 2 0 0 7 a n d p e t i t i o n e r i s r e q u e s t i n g m o d i f i c a t i o n s t o t h e l a y o u t . T h e p r e v i o u s d e v e l o p m e n t w a s a p p r o v e d u s i n g t h e R S - 2 D i s t r i c t a s a b a s e ( c o n s i s t e n t w i t h 2 0 , 0 0 0 s q u a r e f o o t l o t s o r g r e a t e r ) w i t h t h e g r o s s d e n s i t y o f t h e d e v e l o p m e n t s h o w i n g 0 . 8 0 u n i t s p e r a c r e , w h i c h m a t c h e s t h e L o w D e n s i t y d e s i g n a t i o n o f t h e 2 0 2 0 C o m p r e h e n s i v e P l a n . T h e p r e v i o u s l y a p p r o v e d d e v e l o p m e n t i n t u r n r e s e r v e d p o r t i o n s o f d e v e l o p a b l e l a n d f o r f u t u r e c o n s e r v a t i o n a n d i n c o r p o r a t i o n i n t o t h e B i g M u s k e g o W i l d l i f e A r e a . T h e p e t i t i o n e r s a p p l i c a t i o n i s a v a i l a b l e f o r p u b l i c i n s p e c t i o n a t t h e C i t y o f M u s k e g o C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t . A l l i n t e r e s t e d p a r t i e s w i l l b e g i v e n a n o p p o r t u n i t y t o b e h e a r d . P l a n C o m m i s s i o n C i t y o f M u s k e g o P u b l i s h i n t h e M u s k e g o N O W N e w s p a p e r o n S e p t e m b e r 4 , 2 0 1 4 a n d S e p t e m b e r 1 1 , 2 0 1 4 . D a t e d t h i s 2 7 t h d a y o f A u g u s t , 2 0 1 4 . N O T I C E I T I S P O S S I B L E T H A T M E M B E R S O F A N D P O S S I B L Y A Q U O R U M O F M E M B E R S O F O T H E R G O V E R N M E N T A L B O D I E S O F T H E M U N I C I P A L I T Y M A Y B E I N A T T E N D A N C E A T T H E A B O V E - S T A T E D M E E T I N G A N D G A T H E R I N F O R M A T I O N ; N O A C T I O N W I L L B E T A K E N B Y A N Y G O V E R N M E N T A L B O D Y A T T H E A B O V E - S T A T E D M E E T I N G O T H E R T H A N T H E G O V E R N M E N T A L B O D Y S P E C I F I C A L L Y R E F E R R E D T O A B O V E I N T H I S N O T I C E . N O T I C E " P l e a s e n o t e t h a t , u p o n r e a s o n a b l e n o t i c e , e f f o r t s w i l l b e m a d e t o a c c o m m o d a t e t h e n e e d s o f d i s a b l e d i n d i v i d u a l s t h r o u g h a p p r o p r i a t e a i d s a n d s e r v i c e s . F o r a d d i t i o n a l i n f o r m a t i o n o r t o r e q u e s t t h i s s e r v i c e , c o n t a c t t h e C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t a t C i t y H a l l , W 1 8 2 S 8 2 0 0 R a c i n e A v e n u e , ( 2 6 2 ) 6 7 9 - 4 1 3 6 . " P r i e g e l D r . CITY OF MUSKEGO Staff Report to Council September 23, 2014 Meeting To: Common Council From: Jeff Muenkel, AICP Subject: PD Amendment – Wildflower Farms Date: September 15, 2014 Background Information: The Wildflower Farms Subdivision was approved by Council and Planning Commission back in 2007 under a Planned Development (PD) zoning district. The PD approved at that time allowed a change from the RC-2 Country Residence District and RC-3 Country Residence District to PD Planned Development District using the RS-2 District as a base with lots of at least 20,000 square feet and 110 feet in width. The submitted subdivision plan at that time showed average lot sizes of 21,727 square feet. A total of 51 lots were originally approved. The reason for the Planned Development zoning was to cluster the lots toward North Cape Road while preserving 23.41 acres (Which is mostly build able) for dedication to the City or DNR for prairie restoration and conservation of the Big Muskego Wildlife Area. The City and DNR own lands attached to this piece to the south already and the DNR has been working on purchasing the land directly west of this parcel as well. The developers had been in front of the Conservation Commission and the Commission recommended approval of the development as long as a large portion of the land is dedicated to the preservation of the Big Muskego Lake Wildlife Area. The final approval by the Council was to allow the Planned Development as long as the large western outlot was dedicated to the city for future conservation purposes as part of the Big Muskego Lake Wildlife Area. The past approved plat is attached for Council convenience (2nd map attachment). Today, Towne Realty has a contract to take over the Wildflower Farms Subdivision development. Upon Towne Realty research, they have found that a new area of wetlands is now found on the east side of the proposed Boxhorn Reserve Drive towards the northern half of the plat (see highlighted map). These newly found wetlands fully compromise two (2) of the past approved lots (Lot #’s 19/20) and traverse over at least one more past approved lot (Lot #18). Towne Realty would like to retain the same lot count that was approved back in 2007. Thus, the a Planned Development rezoning request is before the Council which requests that the three (3) lots lost from the new wetlands is allowed to be replaced. Towne Realty proposes that the three lots are allowed to be platted along a new cul-de-sac that would stretch into the former conservation area that the Council previously required to be dedicated for conservation purposes as part of the Big Muskego Lake Wildlife Area (see highlighted map for the newly proposed lots shown as Lot #s . AS shown on the new proposed plat attached, the three new parcels would require area for the cul-de-sac road as well as area for a new stormwater pond. The plat approved back in 2007 showed a dedicated conservation outlot of approximately 23.41 acres while the new proposal would reduce the conservation outlot to approximately 19.5 acres. The area that is affected does contain steep slopes and is within some existing drainage channels between two other existing wetland complexes. It will be up to the Council and Planning Commission to decide if the proposed amendment generally follows the original approvals and doesn’t substantially impair the original notions behind those original approvals. The Conservation Commission had a meeting on September 17th and did discuss the proposed changes to the plat. The Commission discussed that it would be good to keep the dedicated open space acreage as originally approved. Suggestions were made that the lots could be made smaller to accommodate keeping the same dedicated acreage. Lastly, the Commission discussed that the plat could be modified for less conservation acreage in the event the Council finds some other benefit to the city. One such reason for allowing an amendment as this would be so the community may possibly attain an area for a future neighborhood park site for this area of the community. The City’s 2020 Comprehensive Plan and the adopted Parks and Conservation plan both call for a future neighborhood park around this area. The developer may have an opportunity to dedicate land for such a park up along Priegel Drive, especially if they are able to create a bit more room here by removing the “Outlot 2: North Pond” a bit. Alderwoman Madden is in conversation with the developer on this and the issue may go before the Parks and Recreation Board before the Council would ultimately decide on this amendment later in October. I 0 4 7 5 9 5 0 2 3 7 . 5 F e e tScale: L e g e n d A f f e c t e d A r e a P r o p e r t i e s w i t h i n 3 0 0 f t R i g h t - o f - W a y M u n i c i p a l B o u n d a r y P a r c e l s S t r u c t u r e s L a k e Janesville R d. Gl en Cov e Ct . CITY OF MUSKEGO NOTICE OF PUBLIC HEARING P L E A S E T A K E N O T I C E t h a t t h e C o m m o n C o u n c i l o f t h e C i t y o f M u s k e g o w i l l h o l d a P u b l i c H e a r i n g a t 7 : 0 0 P M , o r s h o r t l y t h e r e a f t e r , o n T u e s d a y , S e p t e m b e r 2 3 , 2 0 1 4 , i n t h e M u s k e g o R o o m o f C i t y H a l l , W 1 8 2 S 8 2 0 0 R a c i n e A v e n u e , t o c o n s i d e r t h e f o l l o w i n g : U p o n t h e p e t i t i o n o f C h r i s b e n I I I , L L C s h a l l t h e f o l l o w i n g a r e a k n o w n a s : T a x K e y N u m b e r 2 1 9 8 . 9 4 8 b e g r a n t e d a r e z o n i n g f r o m B - 4 H i g h w a y B u s i n e s s D i s t r i c t t o D R - 1 D o w n t o w n R e v i v a l D i s t r i c t f o r t h e p u r p o s e o f e x p a n d i n g c o m m e r c i a l d e v e l o p m e n t o p p o r t u n i t i e s o n s i t e . T h e 2 0 2 0 C o m p r e h e n s i v e P l a n a l r e a d y i d e n t i f i e s t h i s a r e a f o r C o m m e r c i a l u s e s . T h e p e t i t i o n e r s a p p l i c a t i o n i s a v a i l a b l e f o r p u b l i c i n s p e c t i o n a t t h e C i t y o f M u s k e g o C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t . A l l i n t e r e s t e d p a r t i e s w i l l b e g i v e n a n o p p o r t u n i t y t o b e h e a r d . P l a n C o m m i s s i o n C i t y o f M u s k e g o P u b l i s h i n t h e M u s k e g o N O W N e w s p a p e r o n S e p t e m b e r 4 , 2 0 1 4 a n d S e p t e m b e r 1 1 , 2 0 1 4 . D a t e d t h i s 2 7 t h d a y o f A u g u s t , 2 0 1 4 . N O T I C E I T I S P O S S I B L E T H A T M E M B E R S O F A N D P O S S I B L Y A Q U O R U M O F M E M B E R S O F O T H E R G O V E R N M E N T A L B O D I E S O F T H E M U N I C I P A L I T Y M A Y B E I N A T T E N D A N C E A T T H E A B O V E - S T A T E D M E E T I N G A N D G A T H E R I N F O R M A T I O N ; N O A C T I O N W I L L B E T A K E N B Y A N Y G O V E R N M E N T A L B O D Y A T T H E A B O V E - S T A T E D M E E T I N G O T H E R T H A N T H E G O V E R N M E N T A L B O D Y S P E C I F I C A L L Y R E F E R R E D T O A B O V E I N T H I S N O T I C E . N O T I C E " P l e a s e n o t e t h a t , u p o n r e a s o n a b l e n o t i c e , e f f o r t s w i l l b e m a d e t o a c c o m m o d a t e t h e n e e d s o f d i s a b l e d i n d i v i d u a l s t h r o u g h a p p r o p r i a t e a i d s a n d s e r v i c e s . F o r a d d i t i o n a l i n f o r m a t i o n o r t o r e q u e s t t h i s s e r v i c e , c o n t a c t t h e C o m m u n i t y D e v e l o p m e n t D e p a r t m e n t a t C i t y H a l l , W 1 8 2 S 8 2 0 0 R a c i n e A v e n u e , ( 2 6 2 ) 6 7 9 - 4 1 3 6 . " B a y L a n e D r . CITY OF MUSKEGO Staff Report to Council September 23, 2014 Meeting To: Common Council From: Jeff Muenkel, AICP Subject: Rezoning from B-4 to DR-1 -- Chrisben III, LLC Date: September 15, 2014 Background Information: The petitioned parcel is located on the SW corner of Bay Lane Drive and Janesville Road and was the former site Firestone before the Janesville Road reconstruction took place. Waukesha County has owned the parcel since the reconstruction as ownership was required to allow the project to take place per the County design. Waukesha County has had the parcel for sale this past year and has an accepted offer dependent on various contingencies taking place. The petitioner’s, Chrisben III, LLC request that the parcel be rezoned from B-4 – Highway Business District to DR-1 – Downtown Revival District in order to allow a future office structure. Waukesha County has given their blessing towards the requested rezoning and recommends the city approve. The 2020 Comprehensive Plan identifies this area as commercial and no Comp Plan change is required as part of this rezoning. See the side-by-side zoning map attached for details. The petitioner is requesting this rezoning in order to allow the property to be more developable. As noted above this parcel was affected by the widening of Janesville Road. The parcel was reduced due to the amount of frontage Waukesha County required for the reconstruction of Janesville Road. The DR-1 zoning allows the same types of commercial uses as the existing B-4 zoning district. However, the DR-1 zoning district allows greater setbacks/offsets than the B-4 district thus allowing a future building more developable room once a future development is proposed. For reference, the B-4 district allows setbacks from the road of 40 feet and a setback from another property line at 10 feet. The DR-1 district allows setbacks from the road of 10 feet and a setback from another property line at 5 feet. Due to this being a corner parcel this rezoning makes the developable area of the property considerably larger. Recommendation: Staff will be recommending approval of this rezoning at the October Planning Commission as the DR-1 zoning district was originally put in place to help make these affected parcels more marketable and this rezoning will hopefully allow a future development to contribute greater to the city’s tax base. Lastly, the end use of this rezoning and the comp plan remains the same in commercial uses. Current Zoning Proposed Zoning Chrisben III, LLC RezoningChrisben III, LLC Rezoning Created By: City of Muskego September 15, 2014´Legend Affected Area Zoning Right-of-Way Structures Water BodyParcels B-4 Jan e s v i l l e R d . Ba y L a n e D r . Petitioner: Chrisben III, LLC Tax Key Numbers: 2198.948 Gl e n C o v e C t . B-4 B-4 RM-1 PD-9 PD-9 PD-9 PD-42PD-41 CI-1 DR-1 I-1 RS-3 B-4 Jan e s v i l l e R d . Ba y L a n e D r . Gl e n C o v e C t . B-4 B-4 RM-1 PD-9 PD-9 PD-9 PD-42PD-41 CI-1 DR-1 I-1 RS-3 DR-1 OPERATOR LICENSE APPROVALS COMMON COUNCIL – 09/23/2014 Douglas Bensyl Laurie Betla Renny Deckert Gayle Haack Shawna Jesse Donna Last (temporary license) Ashley Mead Nicole Przybylka Sean Runge Patti Schultz S/CityHall/Licenses/Oper Lic Approval Lists/2014.doc QB\29857309.1 RESOLUTION NO. 073-2014 RESOLUTION AUTHORIZING THE REDEMPTION OF SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 2005 WHEREAS, the City of Muskego, Waukesha County, Wisconsin (the "City") has outstanding its Sewer System Revenue Refunding Bonds, Series 2005, dated March 1, 2005, which mature on May 1 of the years 2015 through 2020 (the "2005 Bonds"); WHEREAS, this Common Council has determined that it is necessary and desirable to call the 2005 Bonds for redemption on November 1, 2014 with City funds on hand; NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego, Waukesha County, Wisconsin, that the 2005 Bonds are called for prior payment on November 1, 2014 at the price of par plus accrued interest to the date of redemption. The City hereby directs the City Clerk to work with its financial advisor, Hutchinson, Shockey, Erley & Co., to cause timely notice of redemption, in substantially the form attached hereto as Exhibit A and incorporated herein by this reference (the "Notice"), to be provided at the times, to the parties and in the manner set forth on the Notice. Passed this 23rd day of September, 2014. Approved this 23rd day of September, 2014. ______________________________ Mayor Attest: ______________________________ City Clerk QB\29857309.1 EXHIBIT A NOTICE OF FULL CALL* Regarding CITY OF MUSKEGO WAUKESHA COUNTY, WISCONSIN SEWER SYSTEM REVENUE REFUNDING BONDS, SERIES 2005 DATED MARCH 1, 2005 NOTICE IS HEREBY GIVEN that the Bonds of the above-referenced issue which mature on the dates and in the amounts; bear interest at the rates; and have CUSIP Nos. as set forth below have been called by the City for prior payment on November 1, 2014 at the principal amount thereof plus accrued interest to the date of prepayment: Maturity Date Principal Amount Interest Rate CUSIP No. 05/01/2015 $305,000 3.70% 627653EE4 05/01/2016 320,000 3.80 627653EF1 05/01/2017 330,000 3.90 627653EG9 05/01/2018 345,000 4.00 627653EH7 05/01/2019 350,000 4.00 627653EJ3 05/01/2020 355,000 4.00 627653EK0 The City shall deposit federal or other immediately available funds sufficient for such redemption at the office of The Depository Trust Company on or before November 1, 2014. Said Bonds will cease to bear interest on November 1, 2014. By Order of the Common Council City of Muskego City Clerk Dated ________________________ _____________ * To be provided by registered or certified mail, facsimile transmission or overnight express delivery to The Depository Trust Company, Attn: Supervisor, Call Notification Department, 570 Washington Blvd., Jersey City, NJ 07310, not less than thirty (30) days prior to November 1, 2014 and to the MSRB. Notice shall also be provided to XL Capital Assurance Inc., or its successor, the bond insurer of the Bonds. ** If the Bonds are subject to the continuing disclosure requirements of SEC Rule 15c2-12 effective July 3, 1995, this Notice should be filed electronically with the MSRB through the Electronic Municipal Market Access (EMMA) System website at www.emma.msrb.org. COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #074-2014 APPROVAL OF CITY OF MUSKEGO/FITZGERALD USE & MAINTENANCE AGREEMENT FOR FREEDOM SQUARE PARK PARKING LOT WHEREAS, The Common Council adopted Resolution #063-2014 in July of 2014, which approved that a parking lot be built in the Freedom Square Park by several area businesses that required more parking; and WHEREAS, An agreement for use and maintenance of the parking lot has been drafted and must be approved; and WHEREAS, The Finance Committee has reviewed the attached agreement and has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the City of Muskego/Fitzgerald Use & Maintenance Agreement for Freedom Square Park Parking Lot subject to review and revision by the City Attorney. BE IT FURTHER RESOLVED That the Mayor is authorized to sign the agreement in the name of the City. DATED THIS DAY OF , 2014. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #074-2014 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 9/14jmb CITY OF MUSKEGO/FITZGERALD USE & MAINTENANCE AGREEMENT FOR FREEDOM SQUARE PARK PARKING LOT This agreement is made and effective as of the _____ day of _______________, 2014, by and between Fitzgerald (the “Business”) and the City of Muskego (the “City”). Section One: Introduction Purpose A. It is the intention of the City and the Business to share use and responsibility for the ongoing maintenance and repair of the Freedom Square Park parking lot. Section Two: Parking Lot Use, Operations, & Costs A. Parking Lot Use – The city-owned property may be used for short-term parking subject to the terms and conditions set forth hereinafter. All parking spots in the parking lot shall be equally shared on a first come, first served basis by the City and the Business. It is understood by both parties that the parking lot area is strictly for short -term daily parking. No long-term parking in excess of 24 hours or storage of vehicles, materials or any other things that would reduce area capacity shall be allowed. The following exceptions can be made upon prior agreement with involved parties, which shall not be unreasonably withheld: Equipment used for work in progress or materials being used for such work; i.e.: park maintenance projects. Absolutely no blocking of traffic flow lanes shall be allowed. No one can disrupt, restrict or deny the free use of the parking lot area as herein provided. Parking lot hours are approved by the Parks & Recreation Board a nd in signage as 5 a.m. to 1 a.m. B. Maintenance – The Business shall be solely responsible for any desired snow removal and salting costs for winter use of the parking lot. C. Defined Costs - Parking Lot Resurfacing, Overlay, Striping – those costs associated with re-surfacing the parking lot and re-striping the parking lot lines. It is recommended to perform resurfacing/striping every 5 years. It is recommended to perform parking lot overlay every 10 years. All work will be performed/contracted for by the City and the Business will be invoiced for their cost percentage. The determination of whether a long term maintenance project shall be done for safety reasons and/or end of infrastructure’s useful life will be the responsibility of the city with notification to each party one year in advance of the work being performed, for budgeting purposes. D. Damage to Parking Lot – The City & Business shall be responsible for any damage they may cause to the parking lot area. The party responsible for Page 2 such damage shall promptly make all needed repairs, restoring the area to its condition prior to the damage. E. Obstructions to Use of the Parking Area - Neither the City or Business, nor any person permitted to use the parking lot under the terms of this agreement, may utilize the parking lot area in a way that permanently interferes with its use by any other person permitted to use it. Any obstructions or impediments, without approval by both parties, to the use of the parking lot may be removed, without notice, by the City or Business and the cost of such removal shall be bo rne by the party causing or responsible for such obstruction. F. Enforcement of Parking Lot Agreement - The City shall have the right to legally enforce this agreement and the covenants, conditions and restrictions set forth herein, by whatever action or ac tions are legally available, including, without limitations, enjoining any violation or threatened violation hereof. G. Amendments - This parking lot agreement may not be modified, amended or terminated except by execution and recording of a written instrumen t signed by all owners. H. Successors - All of the terms, covenants, conditions and obligations set forth in this parking lot agreement shall inure to the benefit of and bind both owners and their respective personal representatives, heirs, successors, transf erees and assigns, and shall continue as a servitude running in perpetuity with the Business owner’s property. I. Severability - If any provision or specific application of this parking lot agreement is found to be invalid by a court of competent jurisdiction , the remaining provisions or specific applications of this parking lot agreement shall remain valid and binding. Section Three: Percentage of Total Defined Costs by Each Party A. City Cost: Responsible for 50% of defined costs B. Business Cost: Responsible for 50% of defined costs Section Four: Other Costs A. In the event of vandalism/storm damage of property to defined parking lot, uninsured expenses not covered by the City’s property insurance policy, will be paid on a percentage basis with the City paying 50% and the Business paying 50%. This includes the deductible for that item needing to be replaced. Page 3 B. All other associated costs with said parking lot, not outlined in this agreement, must be mutually agreed upon by both the City and the Business if both parties are expected to share in the cost. Section Six: Legal Provisions 1. Default. Should either party fail to carry out this Agreement, the other party shall be entitled to exercise any and all available rights and remedies at law or in equity. 2. Assignment. Neither the Business nor the City may assign its interest under this Agreement without the other party’s prior written consent, which may be granted or withheld in such party's sole reasonable discretion. 3. No Warranties or Representations. The Business makes no representations or warranties whatsoever about the parking lot, the safety thereof, their fitness for a particular purpose or any other aspect of the parking lot. 4. Notices. All notices permitted or required by this Agreement shall be given in writing and shall be considered given upon receipt if hand delivered to the party or person intended, or upon facsimile transmission to the fax numbers set forth herein, or one business day after deposit with a nationally recognized overnight commercial courier service, air bill prepaid, or three (3) business days after deposit in the United States mail, postage prepaid, by certified mail, return receipt requested, addressed by name and address to the party or person intended as follows: To the Business: DBA Address Muskego, WI 53150 Attn: Mike Fitzgerald Fax No.: To the City: City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150-0749 Attn: City Clerk-Treasurer Fax No.: 262-679-4106 5. Governing Law. This Agreement concerns real property located in the State of Wisconsin, and shall be interpreted and construed according to the laws of the State of Wisconsin. 6. Severability of Provisions. If any of the terms or conditions contained herein shall be declared to be invalid or unenforceable by a court of competent jurisdiction, then the remaining provisions and conditions of this Agreement, or the application of such to persons or circumstances other than those to which it is declared Page 4 invalid or unenforceable, shall not be affected thereby and shall remain in full force and effect and shall be valid and enforceable to the full extent permitted by law. 7. Captions. The captions in this Agreement are inserted only as matters of convenience and for reference and in no way define or limit t he scope or intent of the various provisions, terms or conditions hereof. 8. Binding Effect. The terms and conditions of this Agreement shall be binding upon and benefit the parties hereto and their respective successors and permitted assigns. 9. Entire Agreement. This writing constitutes the entire agreement between the parties hereto, and all prior statements, letters of intent, representations and offers, if any, are hereby terminated. This Agreement may be modified or amended only by written instrument signed by both parties 10. Counterparts. This Agreement may be executed in one or more counterparts, each of which will be deemed an original. 11. Representations as to Authority. Each party to this Agreement represents and warrants that: (a) it has the power and authority to consummate the transactions contemplated by this Agreement; (b) all proceedings necessary for it to consummate the transactions contemplated by this Agreement have been duly taken in accordance with law; and (c) the persons executing this Agreement on behalf of it have been duly authorized to execute this Agreement. 12. Fax Signatures. The parties agree that fax signatures shall be binding on the parties hereto. Section Seven: Insurance 1. Property Insurance. The Business shall carry a Valuation Policy (replacement value) with the defined Facilities identified, with a maximum deductible of $500.00. 2. Liability Insurance. The City and Business shall carry minimum liability insurance of: Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Fire Damage $ 250,000 Medical Expense $ 10,000 Dispute Resolution - In the event of a dispute between the Business and the City arising out of this Agreement or the use of the parking lot, the Business and the City agree to attempt to resolve such dispute through mediation. In the event that the Business and the City cannot agree upon a mediator, they shall each propose a qualified mediator, and such qualified mediators shall choose a qualified third -party who will mediate the dispute. In the event that mediation does not resolve the dispute, the Business and the City agree to submit the matter to binding arbitration. Such arbitration shall be Page 5 conducted in accordance with the then-current rules for commercial arbitration of the American Arbitration Association. The arbitration shall be before one arbitrator who is chosen in accordance with the American Arbitration Association procedures. The arbitrator’s decision in the dispute shall be binding. IN WITNESS WHEREOF, the parties have executed this use and maintenance parking lot agreement. City of Muskego By: ________________________________ Print Name: _________________________ Title: _______________________________ Fitzgerald DBA By: _________________________________ Print Name: __________________________ Title: ________________________________ COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #076-2014 APPROVAL OF BELLE CHASSE, LLC ADDITION #2 (PHASE #3) SUBDIVIDER’S AGREEMENT WHEREAS, The Finance Committee has reviewed the Belle Chasse, LLC Addition #2 (Phase #3) Subdivider’s Agreement and has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby approve the agreement subject to the Common Council granting the Land Use Permit with the adoption of Resolution #077-2014. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to sign the necessary documents in the name of the City, and that the Mayor, in consultation with the City Attorney, may make any necessary technical corrections. DATED THIS DAY OF , 2014. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #076-2014 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 9/14jmb BELLE CHASSE LLC - CITY OF MUSKEGO BELLE CHASSE ADDITION #2 (PHASE #3) SUBDIVIDER'S AGREEMENT This Agreement, made this _____ day of ___________, 2014 by and between Belle Chasse Partners LLC, (the "Subdivider") and the City of Muskego, a municipal corp oration of the State of Wisconsin, located in Waukesha County, (the "City"). W I T N E S S E T H WHEREAS, the Subdivider has submitted for approval by the City the Preliminary Plat for the Belle Chasse Subdivision (the “Subdivision”), a part of the lands described as: LEGAL DESCRIPTION FOR THE LANDS LYING TO THE EAST OF DURHAM DRIVE: All that part of the Southeast Quarter (SE 1/4) and the Southwest Quarter (SW 1/4) of the Southeast Quarter (SE 1/4) of Section 11, Township 5 North, Range 20 East, in the City of Muskego, Waukesha County Wisconsin; being more particularly described as follows: Commencing at the Southeast corner of the Southeast Quarter (SE 1/4); thence North 01°19'37" West along the East line of the Southeast Quarter (SE 1/4) 25.00 feet to the point of beginning of the lands hereinafter to be described; thence South 87°50'16" West along a line parallel to and 25.00 feet North of the South line of the Southeast Quart er (SE 1/4) 768.68 feet to the East line of Certified Survey Map No. 1550; t hence North 01°18'22" West along the said East line 281.36 feet to the North line of said Certified Survey Map; thence South 87°50'16" West along the said North line 934.49 feet to the beginning of a curve of radius 267.00 feet, the center of which lies to the East; thence Northerly along the arc of said curve 64.66 feet, the chord of which bears North 16°17'56" West 64.50 feet; thence North 09°21'41" West 934.70 feet to the South right-of-way line of McShane Drive; thence North 87°46'18" East along said ri ght-of-way line 726.15 feet to the West line of Certified Survey Map No. 5998; thence South 02°13'42" East along said West line 182.00 feet to the South line of said Certifi ed Survey Map 5998; thence North 87°46'18" East along the said South line 450.00 fe et to the East line of Said Certified Survey Map 5998; thence North 02°13'42" West along the said East line 182.00 feet to the said South right -of-way line of McShane Drive; thence North 87°46'18" East along the said right -of-way line 674.28 feet to the East line of the Southeast Quarter (SE 1/4); thence South 01°19'37" East along the said East line 1273.47 feet to the point of beginning, containing 43.5895 Acres, and WHEREAS, Section 236.13 of the Wisconsin Statutes provides that as a condition of plat approval, the governing body of the City may require that the Subdivider make and install certain public improvements reasonably necessary for the Subdivision and further, may require dedication of public streets, alleys or other ways within the Subdivision, to be conditioned upon the construction of said improvements according to municipal specifications without cost to said municipality; and WHEREAS, The City's Engineers, the City's Public Works Committee, Public Utility Committee and Finance Committee have duly approved, contingent on certain other approvals, Subdivider's plans and specifications for subdivision improvements, and WHEREAS, The City's Plan Commission and Common Council have duly approved the preliminary plat of the Belle Chasse Subdivision and as per Section 18.31(2)e of the Muskego Chapter 18 Land Division ordinance, the developer wishes to start improvements for the subdivision before the approval of the final plat. WHEREAS, Starting improvements before Final Plat approvals from the Council is permitted as long as: Approval is found of the construction plans by the Public Works Director, the Public Works Committee and the Public Utilities Committee; A Developer’s Agreement agreeing to install the required improvements is approved and recorded between the Subdivider and City; and, a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount equal to the estimated cost of the improvements is given. NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as follows: Page 2 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement SECTION I : PHASING 1. Subdivider and City agree that this agreement is for the installation of public and private improvements described in Section III for Phase 3 of the Belle Chasse development, which consists of Lots 82-138 on the Preliminary Plat approved per Council Resolution #022-2014 on March 11th, 2014. The City will re-review the improvements required for subsequent phases. Future upgrades to improvements may be required for future phases depending on the impacts and the timing of the phase. SECTION II : PLATTING 1. This Subdivider’s Agreement addresses the development of Lots 82-138 of the original 132 parcels platted for single family residential use, all being under the Provisions of Chapters 17 and 18 of the Municipal Code, and under the auspices of RS-2 Suburban Residence District as modified by the PD Planned Development zoning. a) Single-family parcels shall conform to the zoning requirements of an RS-2 Suburban Residence District as modified by the PD Planned Development zoning. The PD zoning is allowed per Common Council approval and the PD can permit flexibility in the underlying zoning requirements. The Belle Chasse PD allowed increased densities resulting in parcels generally being a minimum of 18,000 square feet in area, 100 feet in average lot width, having street yard setbacks of 40 feet, side yard offsets of 15 feet on one side and 20 feet on all other sides. b) Outlots shall be reserved for open space management and stormwater purposes consistent with PD Planned Development overlay zoning requirements, and shall be owned and maintained by Owners Associations established by Subdivider. Outlots 10, 11, 13, and 14 will be required to have a Conservation Easement governing them at Final Plat time. The Conservation Easement will allow the City the ability and right to manage the lands subject to preservation restrictions. 2. Subdivider shall entirely at its expense: a) As per Section 18.31(2)d of the Muskego Chapter 18 Land Division ordinance, have the Belle Chasse Phase 3 Final Plat submitted and approved. The Subdivider shall cause the Final Plat of Belle Chasse to be executed and recorded, and shall provide City with evidence of recording. Note: The Final Plat cannot be approved until after the acceptance of improvements found in Section VI of this agreement to ensure that no lots are sold until said acceptance is complete. b) Concurrent with the execution of this Agreement tender an Irrevocable Standby Letter of Credit in the amount required herein for the construction of improvements required by this Agreement. No construction activity may commence until this Agreement has been executed and recorded, and the Letter of Credit has been tendered. c) Provide the City with title evidence showing that upon recording the Final Plat, the City will have good, indefeasible title to all interests in land dedicated or conveyed to the City by the Plat. d) Before any improvements found in Section III of this agreement begin, the Subdivider shall execute this Agreement, shall cause this Agreement to be recorded at the Waukesha County Register of Deeds, and shall provide City with evidence of recording. e) Place and install monuments required by State Statute or City Ordinance. Page 3 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement SECTION III : IMPROVEMENTS Subdivider shall entirely at its expense: A. ROADS AND STREETS: 1. Grade and improve all roads and streets in accordance with the plans and specifications approved by the Public Works Committee on July 21, 2014, including off-site improvements necessary to provide such roads and streets, including grading and gravel, curb and gutter, and asphalt street improvements, as approved by the Public Works Director or his designee and Public Works Committee as indicated in the plans and specifications on file with the Eng ineering and Building Department. 2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from construction of subdivision improvements. 3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the cost of their installation. B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN: 1. Construct, install, furnish and provide facilities as approved by the Public Works Director or his designee and Public Works Committee on July 21, 2014 for storm and surface water drainage throughout the entire Subdivision and off site improvements as necessary, and a Master Grading Plan providing for sump pump discharge to a tile or storm sewer system, all in accordance with the plans and specifications on file in the Building and Engineering Department. The City retains the right to require the Subdivider to install at Subdivider’s cost additional storm drainage and erosion control measures prior to acceptance of improvements by the City of Muskego. 2. Grade and improve all lots, on and off site, in conformance with the Master Grading Plan as approved by the Public Works Director or his designee and Public Works Committee on July 21, 2014 all in accordance with the plans and specifications on file in the City Building and Engineering Department. Restore with topsoil and seed. Establish dense vegetation. 3. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by the City. 4. Execute and record a Maintenance Agreement in the form attached hereto, which document shall be incorporated herein and made part hereof, as approved by the Public Works Director or his designee and Public Works Committee on July 21, 2014 relating to privately owned storm water appurtenances, and provide proof of recording prior to sale of lots in the Subdivision. Keep and maintain all storm sewers, retention or detention ponds, and surface water drainage features which are outside of the rights-of-way in perpetuity, as provided for in the Maintenance Agreement. C. SANITARY SEWER: 1. Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection system throughout the entire Subdivision, and including off site improvements necessary to provide such system, as approved by the Public Works Director or his designee and the Public Works Committee on July 21, 2014 all in accordance with the plans, specifications and drawings on file in the City Building and Engineering Department. Page 4 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement 2. Complete, to the satisfaction of the Public Works Director or his designee, any remaining punch list items concerning the Sanitary Sewer System prior to the connection of any structure to the sanitary sewer systems. 3. Televise the sanitary sewer system, repair any defects as determined by the Public Works Director or his designee, and supply video tape to the City of Muskego, and clean all sewer lines prior to the issuance of building permits, and acceptance of improvements by the City. D. WATER MAIN: 1. Construct, install, furnish, and provide without cost to City, a complete system of water supply and distribution, throughout the entire Subdivision, and including off site improvements necessary to provide such system, as approved by the Public Works Director or his designee and Public Utilities Committee on July 21, 2014 and in accordance with the plans and specifications on file in the City Building and Engineering Department. 2. Apply for all necessary permits to use water from hydrants for construction permits, as may be required by the City. 3. Complete to the satisfaction of the City any punch list items concerning the water system prior to connection of any building to the water system. 4. City to reimburse the Developer in the amount of $21,806.00 for the oversizing of the water main for the distribution of water for the proposed well house on lot 131. 12” water main must be provided from McShane Drive down Freedom Avenue and Mourning Dove Court to Lot 131, which must be depicted in the plans and specifications on file in the City Building and Engineering Department. 5. Developer to offer Lot 131 to the City for $108,900. The Developer would like the right of first refusal in the event that the City decides to sell the lot and not construct the well house. E. LANDSCAPING: 1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when installing the Subdivision improvements. Replace trees in accordance with plans to be approved by the Plan Commission. 2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, and all rubbish. 3. Plant street trees without cost to City in accordance with Section 18.60 of the Muskego Land Division Ordinance and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan dated March 28, 2000 and adopted by the Common Council on July 11, 2000 and in accordance with street tree and landscape plans on file in the City Building and Engineering Department that were approved by the Community Development Director and City Forester prior to the signing of this agreement. Planting may be deferred until the time that ninety percent (90%) of the homes have been completed or twenty-four (24) months after the date of acceptance of improvements, whichever comes first. F. EROSION CONTROL MEASURES: Page 5 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement 1. Submit to the City, an application for a Land Disturbing Permit in accordance with the Erosion Control Plan as approved in accordance with the requirements of Section 29.06 of the City's Erosion Control Ordinance by the Public Works Director or his designee and Public Works Committee on July 21, 2014 and in accordance with the plans and specifications on file in the Building and Engineering Department. 2. Construct, install, furnish and provide without cost to City, a complete system of Erosion Control Devices or measures in specified areas of the Subdivision, on and off -site, in accordance with the Erosion Control Plan as approved by the Public Works Director or his designee and Public Works Committee on July 21, 2014 and in accordance with the plans and specifications on file in the City Building and Engineering Department. No construction or grading can begin until the City issues said permit, and no grading shall occur without a two (2) day notice to the City. 3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and construction work. Such fences shall be maintained by the Subdivider until such time as vegetative cover is established in the Subdivision. Install mulching and seeding of all disturbed areas to comply with Municipal Code Chapter 29. G. BLUHM FARM PARK IMPROVEMENTS: 1. Developer to complete improvements in Bluhm Farm Park in conjunction with the plan to use Bluhm Farm Park area for the purposes of stormwater management for this Subdivision. The City will provide a storm water management land use permit to the Subdivision Owners that will allow all maintenance be completed by the Subdivision Owners and the Subdivision deed restrictions shall obligate the Subdivision Owners to conduct such maintenance at no cost to the City. The Subdivision deed restrictions shall also provide alternative enforcement remedies to the City, to the satisfaction of the City Attorney, in the event the Subdivision Owners fail to adequately maintain the storm water management facilities. The improvements to be completed by Developer (as delineated on Bluhm Park Grading Plan completed by DAAR Engineering and the Bluhm Park Trail Plan completed by DAAR Engineering dated 9/18/14) include: I.Grading the Rugby Field to the finish elevation of approximately 777.70 II.Installing 6’ Wide asphalt path from Freedom Ave to Baseball Diamond trail. III.Installing 160’ Elevated Boardwalk at elevation 777.70 along Bluhm Farm trail IV.Restoration of all areas to be actively utilized to meet the City’s standard restoration specifications for athletic fields. V.Restoration of the areas around the retention pond to meet the City’s standard native prairie grass planting specifications, VI.Install WDNR and City approved educational and safety signage as directed by the City. VII. Bluhm Farm Park Improvements to be completed no later than November 30, 2015. SECTION IV : TIME OF COMPLETION OF IMPROVEMENTS The improvements set forth in Section III, except for final surface course of pavement as described herein, shall be completed by the Subdivider within one (1) year from the signing of this Agreement except if an earlier date is provided for in the Agreement. The final surface course of pavement m ust be deferred until ninety percent (90%) of the homes have been substantially completed, or twenty-four (24) months after the date of acceptance of improvements, whichever comes first. If the final surface course of pavement, is not completed within twelve (12) months of the date of this Agreement, the Subdivider shall extend the Letter of Credit in a form acceptable to the City until such time as the final surface course of pavement is completed. Page 6 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement If the City receives notice of the intention to terminate the Letter of Credit prior to comple tion of the final surface course pavement, such notice shall be considered a failure to complete improvements in accordance with this agreement and shall entitle the City to immediately draw against the Letter of Credit. SECTION V : AS-BUILT CONSTRUCTION PLANS Subdivider authorizes the City to prepare all necessary as-built construction plans for improvements to be dedicated to the City. Subdivider agrees to reimburse City for all costs incurred in the preparation and distribution of as-built data, including collection of data, revisions to construction documents and upload of data to City’s Geographic Information System, and City may utilize Subdivider’s Developers Deposit account for all charges related hereto. Subdivider authorizes the City to convert digital files submitted by Subdivider pursuant to Section 18.32(3)(i) of the Municipal Code of the City of Muskego and Common Council Resolution No. 196-2002 to any format deemed necessary by City. Subdivider agrees to reimburse City for all costs incurred in said conversions and City may utilize Subdivider’s Developers Deposit account for all charges related hereto. SECTION VI : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS Subject to all of the other provisions of this agreement, Subdivider shall, without charge to the City, upon completion of the above described improvements, unconditionally give, grant, convey and fully dedicate the streets, sanitary sewers, water mains, storm water drainage facilities (excluding those facilities which are to be owned and maintained by the Belle Chasse Homeowners Association, Inc.) to the City, its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City) whatever, together with and including, without limitation because of enumeration, any and all land, buildings, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of improvements, except private storm water drainage facilities, after the first lift of bituminous concrete pavement has been installed, when all said utilities have been completed and approved by the Public Works Directors and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any improvements which do not fully comply with City standards and specifications. Claims of financial hardship by the Subdivider shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the improvements provided herein without payment, award, or consent required of the Subdivider. At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the Public Works Director deems other items relating to the construction of the sub division necessary: 1. The sanitary sewer, water, and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and Page 7 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Development Department, and 3. Video tape of sanitary sewer system has been completed by the Utilities Department, and the results found acceptable by the Utility Superintendent, and 4. Certification is provided to the Public Works Director or his designee by a Registered Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan. SECTION VII: INSPECTION AND ADMINISTRATION FEES Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in accordance with Section 18.14 of the Land Division Ordinance and Ordinance No. 909, and at times specified herein, but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which shall be incurred by the City prior to and following the date hereof in connection with or relative t o the construction, installation, dedication and acceptance of the improvements covered by Section III, including without limitation by reason of enumeration, design, engineering, preparing, checking and review of designs, plans and specifications, supervision, inspection to insure that construction is in compliance with the applicable plans, specifications, regulations and ordinances; and legal, administrative and fiscal work undertaken to assure and implement such compliance. Failure to pay or reimburse the City in a timely manner may cause the City to cease all construction inspections until such time as all anticipated or outstanding inspection and administration fees have been satisfied. SECTION VIII: MISCELLANEOUS REQUIREMENTS The Subdivider shall: 1. Easements: Provide any easements on Subdivider's land deemed necessary by the Public Works Director or his designee prior to the Final Plat being signed, provided such easements are along lot lines or to the rear of the lots and are not any more restrictive to the building of homes beyond the applicable side yard and offset distances required by the zoning for such lots. 2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and performed in a good and workmanlike manner. SECTION IX: GENERAL CONDITIONS AND REGULATIONS Municipal Codes and Ordinances: All the provisions of the City's ordinances are incorporated herein by reference, and all such provisions shall bind the parties hereto and be a part of this Agreement as fully as if set forth at length herein. This Agreement and all work and improvements required hereunder shall be performed and carried out in strict accordance with and subject to the provisions of said ordinances. SECTION X: GUARANTEES The Subdivider shall guarantee the public roads and streets, sanitary sewers, water mains, surface water drainage improvements and all other improvements described in Section III, against defects due to faulty materials or workmanship provided that such defects appear within a period of one (1) year from the date of acceptance. The Subdivider shall pay for any damages to City property resulting from such faulty materials or workmanship. This guarantee shall not be a bar to any action the City might have for negligent workmanship or materials. Wisconsin law on negligence shall govern such situation. Page 8 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement SECTION XI : GENERAL INDEMNITY In addition to, and not to the exclusion or prejudice of, any provisions of this Agreement or documents incorporated herein by reference, Subdivider shall indemnify and save harmless, and agrees to accept tender of defense and to defend and pay any and all reasonable legal, accounting, consulting, engineering and other expenses relating to the defense of any claim asserted or imposed upon the City its officers, agents, and employees, and independent contractors growing out of this Agreement as stated above by any party or parties except those claims asserted by Subdivider against City, its officers, agents and employees in an effort to enforce this Agreement. The Subdivider shall also name as additional insured on its general liability insurance the City, its officers, agents, and employees, and any independent contractors hired by the City to perform service as to this Subdivision and give the City evidence of the same upon request by the City. a) Hold Harmless. The Subdivider shall indemnify and hold harmless the City, its officers, agents, independent contractors, and employees from and against all claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense (i) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of the Subdivider, its officers, agents, independent contractors, and employees or anyone for whose acts any of them may be made liable, regardless of whether or not it is caused in part by a party indemnified herein. In any and all claims against the City, its officers, agents, independent contractors, and employees by the Subdivider, its officers, agents , independent contractors, employees, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be held liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Subdivider, its officers, agents, independent contractors, employees under Workers’ Compensation Acts, disability benefit acts, or other employee benefit acts. b) Personal Liability of Public Officials. In carrying out any of the provisions of this Agreement or in exercising any power or authority granted to them thereby, there shall be no personal liability of the City officers, agents, independent contractors, or employees, it being expressly understood and agreed that in such matters they act as agents and representatives of the City. c) Indemnification for Environmental Contamination. The Subdivider shall indemnify, defend, and hold City and its officers, agents, independent contractors, and employees harmless from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in connection with the Plat and this Agreement (including but not limited to street right -of-way) of any toxic or hazardous substances arising from any activity occurring prior to the acceptance of all improvements. Without limiting the generality of the foregoing, the indemnification by the Subdivider shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, State, or Federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether in or on the soil, groundwater, air, or any other receptor. The City agrees that it will immediately notify Subdivider of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. Upon receipt of notice from the City or other entities, Subdivider shall investigate and rectify conditions which indicate the presence of or suspected presence of contamination on the Page 9 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement subject property as identified by local, state, or federal agencies in order to comply with applicable laws. d) Subdivider shall, at its expense, obtain and carry comprehensive general liability insurance with combined single limits of at least One Million Dollars ($1,000,000.00) for one person and at least Five Million Dollars ($5,000,000.00) per occurrence, and at least One Million Dollars ($1,000,000.00) property damage (or such higher amounts as the City shall from time to time deem reasonable). Such policy shall cover both Subdivider and the City and its agents, employees, and officials, and all insurers shall agree not to cancel or change the same without at least thirty (30) days written notice to the City. A certificate of Subdivider’s insurance shall be furnished to the City upon execution of this Agreement. Each such policy shall provide that no act or default of any person other than the City or its agents shall render the policy void as to the City or effect the City’s right to recover thereon. SECTION XII: AGREEMENT FOR BENEFIT OF PURCHASERS: The Subdivider shall agree that in addition to the City's rights herein, the provisions of this Agreement shall be for the benefit of the purchaser of any lot or any interest in any lot or parcel of land in the Subdivision. Further, that the sale of any lot or parcel shall not release the Subdivider from completing the work provided for under this Agreement, by applicable Ordinances and as set forth in the plans and specifications on file in the City Building and Engineering Department. SECTION XIII : CONSTRUCTION PERMITS, ETC... The City shall, within its authority: 1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit the Subdivider to construct the improvements in accordance with the plans and specifications called for by this Agreement, upon Subdivider's compliance with any deposit provisions or other requirements of the applicable ordinances or regulations. 2. Furnish the Subdivider such permits or easements as may be required to enter upon and install the previous described improvements in any public street or public property. 3. Cooperate with the Subdivider in obtaining similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the premises. 4. Make available to the Subdivider or their nominee, successors or assigns, permits for the construction of single-family residences subject to the provision of Section XIII. SECTION XIV : BUILDING AND OCCUPANCY PERMITS: It is expressly understood and agreed that no building permits shall be issued for any homes until the Public Works Director or his designee has determined that: 1. A letter of credit remains on file or the remaining improvements. 2. The proper Recapture Assessment has been paid. 3. The Final Plat is recorded and the appropriate copies and mylar of the recorded plat are delivered to the Community Development Department. Page 10 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement 4. The Resolution of the acceptance of improvements is approved by the City. 5. Any negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Community Development Director. It is expressly understood and agreed that no occupancy permits shall be issued for any homes until the Community Development Director has determined that: 1. Street Tree Plans as required by Section III E (3) of this Agreement have been approved for this phase of development as well as any landscaping required by the Plan Commission approvals. SECTION XV : FINANCIAL GUARANTEES: 1. LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Subdivider shall file with the City a Letter of Credit, in the City Attorney approved form, s etting forth terms and conditions in the amount of $3,650,914.46 as a guarantee that the required plans and improvements will be completed by the Subdivider and its subcontractors no later than one (1) year from signing of the Agreement, except if another date is provided within this Agreement and as a further guarantee that all obligations to the subcontractors for work on the Subdivision are satisfied. a) Invoices: Invoices documenting public improvements addressed and not addressed in the Letter of Credit, but attributable to the subject development shall be provided to the City. b) Reduction Of Letter Of Credit Balance: The Subdivider shall provide Public Works Director or his designee with a written request accompanied by: invoices for work completed for which a release is being requested, breakdown of invoices in the format of the Public Improvement Cost Breakdown form, and signed original lien waivers for all work which is subject of the release request. The Public Works Director or his designee will process all requests in accordance with policies adopted by the Finance Committee, as may be amended from time to time. 2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $10,000.00 balance in the Developer's Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation of the Finance Committee. 3. PRESERVATION OF ASSESSMENT RIGHTS: a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City shall have the right, without notice or hearing, to impose special assessments or special charges for any amount to which the City is entitled by virtue of this Agreement upon the Subdivision. This provision constitutes the Subdivider’s consent to the installation by the City of all improvements required by this Agreement and constitutes the Subdivider’s waiver of notice and consent to all special assessment proceedings as described in Section 66.0703(7)(b), Wis. Statutes, and/or special charges pursuant to Section 66.0627, Wis. Statutes. b) Remedies not exclusive. The City may use any other remedies available to it under the Agreement or in law or equity in addition to, or in lieu of, the remedies provided herein. SECTION XVI : PARTIES BOUND: Page 11 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement Subdivider or its assignees shall be bound by the terms of this Agreement or any part herein as it applies to any phase of the development. This section allows for the City to enforce the terms and conditions of this agreement against all such assignees, but does not grant rights to assignees absent the City’s written consent as described in Section XVII. Approval by the City shall not be deemed a waiver as the ultimate responsibility for the proper design and installation of streets improvements, drive and parking areas, drainage facilities, ditches, landscaping and all other improvements shall be the Subdividers. The fact that the City or it's engineers, or it's attorney, or it's staff may app rove a specific project shall not constitute a waiver, or relieve the Subdivider from ultimate responsibility for the design, performance, and function of the Development and related infrastructure. SECTION XVII : AMENDMENTS AND ASSIGNMENT: Subdivider shall not assign this Agreement without the written consent of the City. The City and the Subdivider, by mutual consent, may amend this Agreement, by written agreement between the City and the Subdivider. SECTION XVIII: SALE OF LOTS: No lots in the Subdivision may be sold until final acceptance of the improvements has been granted by the City, unless otherwise expressly approved in writing by the City Council. SECTION XIX: RECORDING: This agreement shall be recorded against the Subdivision lands, and shall run with the land. Page 12 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement SECTION XX: PUBLIC CONSTRUCTION PROJECTS: If any aspect of the development involves a public construction project subject to the State law, all requirements of the State public construction bidding law must be satisfied, including, but not limited to, providing a performance bond. SECTION XXI: PREVAILING WAGE RATES AND HOURS OF LABOR: If any aspect of the development involves a project of public works that is regulated by Wisconsin Statutes Section 66.0903, then: (1) the Subdivider shall pay wage rates not less than the prevailing hourly wage rate as described and regulated pursuant to such statutes and related laws; and (2) the Subdivider shall comply with the prevailing hours of labor as described and regulated pursuant to such statutes and related laws; and (3) the Subdivider shall fully comply with the reporting obligations and all other requirements of such laws; and (4) the Subdivider shall ensure that the Subdivider’s subcontractors also fully comply with such laws. The Subdivider’s general indemnity obligation of this agreement shall apply to any claim that alleges that work contemplated by this agreement is being done, or has been done, in violation of prevailing wage rates, prevailing hours of labor, or Wisconsin Statutes Section 66.0903, for any work arising out of this agreement. SECTION XXII : NOTICES AND CORRESPONDENCE Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be effective upon being delivered personally, sent by prepaid United States Postal Service certified mail with return receipt requested, sent by facsimile with transmission confirmation, or sent by electronic mail with return receipt requested, to all parties as follows: To City: Community Development Department City of Muskego POB 749 W182 S8200 Racine Avenue Muskego, WI 53150-0749 (262) 679-4136 (262) 679-5614 facsimile To Subdivider: Belle Chasse Partners, LLC N27 W24075 Paul Court, Suite 200 Pewaukee, WI 53072 Attn: Matt Neumann and/or Mike Kaerek (262) 542-9200 (262) 349-9324 All notices shall be considered to have been delivered at the time such notices are personally delivered to each party, facsimile transmission, or electronic mail, or three (3) days after the date of postmark on any prepaid certified letter. Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address, telephone or facsimile number, or electronic mail address. Failure to provide said notice may constitute a default by the party. Page 13 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement SECTION XXIII : PARTIES TO THE AGREEMENT IN WITNESS HEREOF, Subdivider has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. A. Belle Chasse Partners, LLC By: _______________________________ Matt Neumann, Member STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this _____ day of _____________, 20__, Matt Neumann, Manager, to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of Wisconsin My Commission Expires Page 14 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement MORTGAGEE CONSENT The undersigned Mortgagee of the Subdivision lands consents to this Developer’s Agreement, and agrees that its lien of mortgage shall be subordinate to the rights of the City of Muskego granted by this Developer’s Agreement. TITLE: ___________________________________________ BY: ___________________________________________ Dated this _____ day of ____________________________, 2014. STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this _____ day of ______, 20__, __________________, to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of Wisconsin My Commission Expires Page 15 Belle Chasse Addition #2 (Phase #3) Subdivider’s Agreement IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. B. CITY OF MUSKEGO: BY: Kathy Chiaverotti, Mayor BY: Sharon Mueller, City Clerk-Treasurer STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this _____ day of ______, 20__, the above named Kathy Chiaverotti, Mayor, and Sharon Mueller, City Clerk-Treasurer of the City of Muskego, to me known to be the persons executed the foregoing instrument, and to me known to be such Mayor and City Clerk-Treasurer of said municipal corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said municipal corporation by its authority and pursuant to the authorization by the Common Council from their meeting on the _____ day of ______, 20__. Notary Public-State of Wisconsin My Commission Expires CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Belle Chasse Phase #3 Subdivision, Muskego, Wisconsin, as entered into on the _____ day of ____________, 20__, by and between _________________ and the City Of Muskego, pursuant to the authorization by the Common Council from their meeting on the _____ day of ____________, 20__. BY THE COMMON COUNCIL ________________________ Sharon Mueller, City Clerk-Treasurer SUBSCRIBED AND SWORN TO BEFORE ME This _____ day of ______, 20__. My commission expires This instrument drafted by Jeff Muenkel, AICP City of Muskego PO Box 0749 Muskego, WI 53150-0749 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #077-2014 RESOLUTION TO GRANT A LAND USE PERMIT TO BELLE CHASSE PARTNERS, LLC BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby grant a land use permit to Belle Chasse Partners, LLC for improvements to Bluhm Farm Park. BE IT FURTHER RESOLVED That this approval is contingent upon Wisconsin Department of Natural Resources approval and review of the City Attorney. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the document in the name of the City with any minor technical corrections to be made at the request of the City Attorney. DATED THIS DAY OF , 2014. SPONSORED BY FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #077-2014 which was adopted by the Common Council of the City of Muskego. ____________________________ Clerk-Treasurer 9/14jmb City of Muskego PARKS & RECREATION BOARD Monday, August 11, 2014 Approved 9/8/14 Board President Whipple called the monthly meeting of the Parks and Recreation Board (Board), City of Muskego, to order at 5:35 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 August 7, 2014. Present: Ald. Borgman, Mr. Brett Hyde, Mr. Jerald Hulbert, Mrs. Kelly Koble, Mr. Paul Peardon, Mr. Toby Whipple and Director Anderson. Excused: Mr. “Butch LeDoux GUESTS: Ald. Kubacki, Ald. Madden, Ald. John Engelhardt, Bob Bohmann APPROVAL OF MINUTES: July 14 Minutes Mr. Peardon moved to approve the minutes of the July 14 meeting, seconded by Ald. Borgman. Upon a voice vote, the motion to approve carried. Communications: Waiver of Fees for Veterans Memorial Park Mr. Bohmann was present to answer any questions regarding his waiver of fees request. He has rented Veterans Memorial Park for September 20 to hold a fund-raiser for the Leukemia & Lymphoma Society. More on this organization was provided in a letter to Director Anderson which was provided to the Board members. Mr. Bohmann advised the Board members that they would have a tent, approximately 20’x 40’ in case of inclement weather and some guitar music. Ald. Borgman moved to approve the fee waiver request, seconded by Mr. Hulbert. Upon a voice vote, the motion carried. UNFINISHED BUSINESS: Discuss options/recommendations for recreation facilities Director Anderson shared the email response he received from Burback Builders relative to the Board’s request for additional cost estimates. In part, Burback stated that the cost of the repairs would far outweigh the value of the building (Horn); thus, he would not be submitting a quote. NEW BUSINESS: 2015 Capital Budget Director Anderson presented his capital budget request and rationale for each request which included:  Shop Improvements, $55,306  S-10 Pickup Truck, $25,000 Mr. Hulbert moved to approve the capital budget for the parks equipment. Mrs. Koble seconded. Upon a voice vote the motion carried. Minutes, Parks & Recreation Board, August 11, 2014, page 2  Baseball Fields Restoration, $32,000  Boxhorn Warehouse Improvements, $14,000  Horn Building Removal, $24,000  Idle Isle Boat Rinse Station, $0 (LMLA is sponsoring this project.)  Park Arthur West Phase II, $403,845  Parks Paving/Concrete, $227,000  Trails, $1,095,000 Mr. Hulbert moved to approve the capital budget parks projects for 2015. Mr. Peardon seconded. Upon a voice vote, the motion carried. 2015 Operating Budget Director Anderson reviewed the 2015 Operating Budget request highlighting the difference from 2014. The expense budget for non-personnel is being increased $561 for 2015. He was not predicting any increase in revenue for the parks division for 2015; however, for the recreation division, he is predicting a decrease in revenue of $1,031 due in part to the impact of the loss of Horn for programs and loss of volleyball leagues due to Kelly Bleachers opening . The operating budget for 2015 as presented showed an increase of $1,592. Ald. Borgman moved to approve the operating budget for 2015 as presented. Mr. Hulbert second. Upon a voice vote, the motion carried. Donation for Park Arthur dugout fencing Director Anderson shared that Muskego Storm has offered to fund the fencing that is to go around the Park Arthur fields #1, #2 and #3 in the amount of $5,640. Mr. Hulbert moved to accept the donation. Mrs. Koble seconded. Upon a voice vote, the motion carried with Mr. Peardon abstaining. ALDERMAN’S REPORT: Ald. Borgman advised they were told that it would be imprudent to spend the $714,000 capital budget amount for Park Arthur West because of what is coming in 2015. Further discussion will take place during the 2015 capital budget discussion. STATUS OF PROJECTS: Park Arthur The parks punch list was gone through. Most of the items were done. They need to address the grass/drainage area behind the pavilion and some path areas. Mr. Hulbert inquired whether the department had received payment from Mr. Thiesenhusen for the sign and Director Anderson responded that payment had not been received. Mr. Hulbert offered to contact him. Water Bugs—Status Update Out of compliance that the police department reported was the flashing yellow light and 100’ clearance from the island. Mr. Nelson thought it was probably the batteries needing replacement on the light. He would be notifying the drivers and skiers on the clearance distance. DIRECTOR’S REPORT: Active Net Recreation Registration Software Director Anderson is still waiting for an updated quote from the vendor on reducing the cost. He felt the department did not need all the training they were proposing for staff. He would like to get the budgeting process done for the implementa tion in 2016. Fall Program Guide The program guide went to the printer today. Registration is targeted to start on Monday. Minutes, Parks & Recreation Board, August 11, 2014, page 3 OTHER BUSINESS Subdivision Plans from Plan Commission No plans. COMMUNICATIONS & MISCELLANEOUS BUSINESS Ald. Borgman announced the fund-raiser for the senior taxi. Cousins will be donating some of their proceeds received on August 13. Director Anderson shared that the Freedom Square parking lot is being improved. He announced that the department does have in place a lower shelter rental fee for non-profit rental parties. The Boxhorn lease will come forward as soon as the closing takes place. He will be updating Chapter 26 and bringing that forward for the Board’s review. Mr. Hulbert announced that the historical society as part of their contribution to Muskego’s 50th celebration, signs on historical events/items will be installed throughout the city in their respective locations. To name a few, the Historic Musk ego Centre Park, the Devil’s Teapot, the toll booth on Janesville Roa d, St. Paul’s Lutheran Church, the Nike site and the DeAngelis restaurant site. The parks crew will be doing the installation of the signs ADJOURNMENT - There being no further business, Mr. Hulbert moved for adjournment at 7:35 p.m. Mrs. Koble seconded. Motion carried. Stella Dunahee, CPS Recording Secretary Pc: Board Members, Craig Anderson; email: Peter Theis, Tammy Dunn; posted: www.cityofmuskego.org Approved CITY OF MUSKEGO PUBLIC WORKS COMMITTEE MINUTES August 18, 2014 6:00 PM Aldermen’s Room – Upper Level of City Hall, W182 S8200 Racine Avenue CALL TO ORDER Ald. Neil Borgman called the meeting to order at 6:00 PM. PLEDGE OF ALLEGIANCE Ald. Borgman led those present in the Pledge of Allegiance. ROLL CALL Ald Borgman, Ald. Wolfe and Ald. Engelhardt were present. Ald. Hammel was absent. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the Open Meeting Laws. APPROVAL OF MINUTES HELD JULY 21, 2014 Alderman Engelhardt made a motion to approve July 21, 2014 minutes. Alderman Wolfe seconded. Motion Passed 3 in favor. STATUS OF PROJECTS Discussion update. No formal action may be taken on any of the following: Circle Drive Storm Sewer Woods Road Bridge 2014 Road Improvement Program Jensen Park Lift Station Upgrade UNFINISHED BUSINESS Discussion update and possible action may be taken on any or all of the following: NEW BUSINESS Discussion update and possible action may be taken on any or all of the following: Review Circle Drive flood mitigation project alternatives. Alderman Borgman made a motion to direct staff to move forward with replacing the existing pipe with a large box culvert at an estimated cost of $594,420.00 and budget for construction in 2015. Alderman Wolfe seconded. Motion Passed 3 in favor. Discuss Crystal Lake Subdivision outstanding Developer completion items. Ald. Borgman made a motion to recommend staff to proceed with Crystal Lake Subdivision outstanding Developer completion items as discussed leaving the total cost near the $66,000 we have currently on hand. Alderman Wolfe seconded. Motion Passed 3 in favor. Review request made by Rob Miller Homes for variance from the groundwater separation requirements for a new home at S86 W17877 Woods Road. Alderman Engelhardt made a motion to approve request made by Rob Miller Homes for variance from the groundwater separation requirements for a new home at S86 W17877 Woods Road contingent upon receipt of a letter of understanding from the owners and installation of an engineered drainage system in the basement. Alderman Wolfe seconded. Motion Passed 3 in favor. NEW BUSINESS PLACED ON FILE (The following items have been placed on file for staff review. Upon completion of review, staff will submit a supplement detailing options and possible course of action to committee members.) COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Alderman Wolfe made a motion to adjourn. Alderman Engelhardt seconded at 7:34 PM. Motion Passed 3 in favor. Approved CITY OF MUSKEGO FINANCE COMMITTEE MINUTES August 26, 2014 5:30 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 5:32 pm. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Committee Members Aldermen Borgman, Hammel and Kubacki. Also present: Aldermen Madden and Di Pronio, and Finance and Administration Director Mueller and Deputy Clerk Blenski. PUBLIC MEETING NOTICE Ms. Blenski stated that the meeting was properly noticed. APPROVAL OF MINUTES - August 12, 2014 Alderman Kubacki made a motion to approve the August 12, 2014 minutes. Alderman Borgman seconded. Motion Passed 3 in favor. LICENSE APPROVALS Recommend Approval of Operator Licenses Alderman Kubacki made a motion to recommend approval of Operator Licenses for Bitty Bitters, Josephine Orlando, Nilesh Thakkar, Jessie West and Nicole Wyss. Alderman Borgman seconded. Motion Passed 3 in favor. NEW BUSINESS Recommendation Regarding Eligibility for Exemption from the County Library Tax Levy for 2015 Alderman Borgman made a motion to recommend the exemption from the County Library Tax for 2015. Alderman Hammel seconded. Motion Passed 3 in favor. VOUCHER APPROVAL Utility Vouchers Finance Committee Minutes 2 August 26, 2014 Alderman Borgman made a motion to recommend approval of Utility Vouchers in the amount of $24,591.82. Alderman Kubacki seconded. Motion Passed 3 in favor. Tax Vouchers Alderman Borgman made a motion to recommend approval of Tax Vouchers in the amount of $7,130.81. Alderman Kubacki seconded. Motion Passed 3 in favor. General Fund Vouchers Alderman Borgman made a motion to recommend approval of General Fund Vouchers in the amount of $299,430.77. Alderman Hammel seconded. Motion Passed 3 in favor. Wire Transfers for Debt Service Alderman Borgman made a motion to recommend approval of Wire Transfers for Debt Service in the amount of $5,087.50. Alderman Kubacki seconded. Motion Passed 3 in favor. Wire Transfers for Payroll Transmittals Alderman Borgman made a motion to recommend approval of Wire Transfers for Payroll Transmittals in the amount of $334,951.81. Alderman Hammel seconded. Motion Passed 3 in favor. ADJOURNMENT Alderman Kubacki made a motion to adjourn at 5:37 pm. Alderman Hammel seconded. Motion Passed 3 in favor. Minutes transcribed by Kim Chavie, Assistant Deputy Clerk Approved CITY OF MUSKEGO CONSERVATION COMMISSION MINUTES June 12, 2014 7:00 PM City Hall , W182 S8200 Racine Avenue PLEDGE OF ALLEGIANCE Those present recited the pledge of allegiance. ROLL CALL Present: Ald. Robert Wolfe, Chairman Len Pilak, Julie Holubowicz, Howard Schneider, Jessica Quinlan, and Tom Zagar. In the audience: Ald. Kevin Kubacki, Ald. John Engelhardt and Ald. Neil Borgman. STATEMENT OF PUBLIC NOTICE Tom Zagar noted the meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES OF JANUARY 22, 2014. Ald. Wolfe made a motion to approve the minutes of January 22, 2014. Julie Holubowicz seconded. Motion Passed 4 in favor. PROJECT UPDATES Badertscher Preserve Developments. Mr. Zagar updated the Commission that seeding has been completed in the agricultural fields and oak savannah. 100 Oak trees have been transplanted onto the property from Engel Conservation Area by the Eagle Scouts. A new entrance sign has been installed. The Eagle Scouts will be doing a field stone/cedar rail fence project. NEW BUSINESS Proposed removal of dam structure on Jewel Creek (Little Muskego Lake Tributary). Mr. Zagar informed the Commissioners the DNR notified the City that the dam is failing and the DNR prefers that it be removed. Mr. Zagar noted there is money available through the DNR to remove the dam, but there is no money to repair it. Mr. Zagar discussed reasons why the DNR wants the dam removed, with the main reason being there is no ecological purpose for it. It is better to have water free flowing to allow the movement of aquatic organisims. Sediment issues will be addressed in the removal process and shoreline restoration would be inlcuded in the project funds. Ron Ford- Concerned with motorboat access and property values. DNR rep told him she is neutral on removal/repair. Dam is low cost, popular, DNR fishing clinics are held here, provides the opportuity for stocking the lake. Charles B - Concerned with water levels and flood plain. Mr. Zagar explained removing the dam will even out the levels. Will be shallower upstream and no change downstream. Janice Miller - Questioned if they will keep their lake and access rights? Dam is a good situation for safe fishing, swimming, and walking. Feels taking the dam away is taking history of Muskego away. Dan Miller - Concerned with ski club closing off the beach, and then the city eliminating the dam closes off another access and removes recreational opportunities for kids. Larry Lefevre, Lake District representative, stated he spoke to Michelle Hase, Water Managment Engineer for the DNR, who informed Mr. Lefevre that the dam is in disrepair and prior to the removal an engineering plan must be created. The biggest benefit of the removal is for fish habitat to seek oxygen further upstream. There is no known reason for repair. Ald. Borgman explained the purpose of this meeting was to hear concerns and make a recommendation to the committees who make the decisions. Alderman Wolfe made a motion to defer proposed removal of dam structure on Jewel Creek (Little Muskego Lake Tributary) to receive more information on the reasons behind the project and to share the concerns of the residents with a representative of the DNR. Howard Schneider seconded. Motion Passed 4 in favor. Proposed trails and trail uses at Badertscher Preserve and Ridges Conservation Site. Mr. Zagar reviewed the trail plan for the 130 acres of the Badertscher Preserve and Ridges Conservation areas. The path will be a foot path with bridge crossings using repurposed pier sections. Would like to keep trails open to horse traffic. Would like to have trails completed by the end of summer. MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Alderman Wolfe made a motion to adjourn at 8:01PM. Motion Passed 4 in favor. Respectfully submitted, Kellie McMullen, Recording Secretary Approved CITY OF MUSKEGO COMMUNITY DEVELOPMENT AUTHORITY MINUTES July 15, 2014 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: Ald. Hammel, Ald. DiPronio, Commissioners Johnson, Mueller, LeClaire, Lefebvre, and Arrowood, and Director Muenkel. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES OF MAY 20, 2014. Bonnie Johnson made a motion to approve the minutes of May 20, 2014. Lana Arrowood seconded. Motion Passed 7 in favor. PUBLIC INPUT NEW BUSINESS Commercial Grant Request: Little Muskego Lake Motors LLC (W179 S7714 Pioneer Drive). Alderman Di Pronio made a motion to approve Commercial Grant Request: Little Muskego Lake Motors LLC (W179 S7714 Pioneer Drive). Robert LeClaire seconded. Motion Passed 7 in favor. Commercial Grant Request: Twisted Cork/Serendipity Redesign (W168 S7392 Parkland Drive / S74 W16832 Janesville Road). Alderman Di Pronio made a motion to approve Commercial Grant Request: Twisted Cork/Serendipity Redesign (W168 S7392 Parkland Drive / S74 W16832 Janesville Road). Bob Mueller seconded. Motion Passed 6 in favor 1 opposed. Ald. Hammel voted no. Discuss Commercial Grant/Loan Program Guidelines (Ald. Hammel). ONGOING BUSINESS Tess Corners Redevelopment District (#1) Implementation. Downtown Redevelopment District (#2) Implementation. Move forward on a development proposal upon the City lands in front of the Parks Maintenance Garage - Bob Mueller made a motion to recommend moving forward on a development proposal upon the City lands in front of the Parks Maintenance Garage. Alderman Hammel seconded. Motion Passed 7 in favor. Pursue making the Public Works property developable - Alderman Di Pronio made a motion to pursue making the Public Works property developable and also approaching the surrounding two property owners. Bob Mueller seconded. Motion Passed 7 in favor. 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 Sept. 16, 2014. ADJOURNMENT Robert LeClaire made a motion to adjourn at 7:01 PM. Alderman Hammel seconded. Motion Passed 7 in favor. Respectfully submitted, Kellie McMullen, Recording Secretary COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1385 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO (Ener-Con Companies, Inc. – RL-3 to PD-14 and PD-14 Amendment) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: The following described property is hereby rezoned from RL-3 Lakeshore Residence District to PD-14 Bay Breeze Planned Development District: Tax Key Number 2195.999 SECTION 2: Chapter 17 of the City of Muskego Code entitled “Zoning”, Section 9.20 entitled “PD-14 Bay Breeze” is hereby amended as depicted in Attachment A attached hereto and incorporated herein by reference, to allow the development proposed by Ener-Con Companies, Inc. as described in their letter dated August 26, 2014 and accompanying documentation, subject to all applicable terms and conditions of this ordinance and subject to final revisions that may be made upon the City’s approval of the final development documents pursuant to Section 9.06 of the Muskego Zoning Code. SECTION 3: 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 c onflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 4: This ordinance is based upon, and contingent, upon the submitted developer plans and is in full force and effect from and after passage and publication and conditioned on the Plan Commission approval, and developer execution, of a Building, Site, and Operation Plan (BSO). PASSED AND APPROVED THIS DAY OF , 2014. CITY OF MUSKEGO _______________________________ Kathy Chiaverotti, Mayor First Reading: ATTEST: ______________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: ATTACHMENT A 9.20 PD-14 BAY BREEZE (1) The Bay Breeze Planned Development contains approximately 30 acres and a variety of parcels located on the south side of Janesville Road along Little Muskego Lake just east of Pioneer Drive. The development consists of with 11 4 -unit condominiums, 5 six- unit condominiums, and 4 larger parcels for single-family use totaling 78 dwelling units. Multiple Certified Survey Maps and condominium plats ultimately creating parcels for multi- family condo use and parcels for single-family use. The condominium complex was approved with accessory structures, landscaping, and appropriate access and parking. The development is constructed in multiple phases and is serviced by City sewer and water. The planned development was originally created under the zoning of RS-3/PD Suburban Residence District with a Planned Development Overlay District and B-2/PD Local Service Center District with a Planned Development Overlay District. A Developer’s Agreement is approved for the development by the City’s Common Council outlining the individual guarantees. The original development called for 74 units of condominiums to the east and a mixed-use facility to the west with an option of having 10 single-family residential units in place of the mixed-use facility if it was never constructed. The current planned development has the 74 units of multi-family condominiums and has replaced the once proposed mixed- use facility with four parcels of single-family residential. Overall, the Planned Development zoning is put in place to allow the developer’s to use the amount of units disbursed throughout the developed area while preserving a specific density, outlined in the approved Developer’s Agreement. The PD also allowed the mixed uses of single-family and multi- family to co-exist in the same development. Setbacks and offsets of the multi-family uses were established under the original approvals and any new buildings will require approval of the City’s Planning Commission. Setbacks and offsets for the single-family uses follow the zoning restrictions of the RL-3 Lakeshore Residence District. Overall, the Developer’s Agreement allows the following:  74 units of multi-family condominiums to the east and a mixed use facility to the west (10 units of single-family residential in place of mixed-use facility if never constructed).  No more than one boat slip per multi-family unit and in no case can the amount of boat slips exceed 74 for the multi-family uses of the PD.  Each private boat slip shall be only available to the owners of the condominium and no condo unit shall own more than one slip.  No more than 25 boat slips allowed for the originally proposed mixed-use facility and these slips shall not be available for rent but for the sole use of the mixed- use facility (Mixed -family use facility and boat slip clause was amended out of the original Developer’s Agreement and boat slips as necessary for single-family units were allowed).  Shall the mixed-use facility not be constructed as part of the PD the Developer has the right to construct a maximum of ten single-family homes in its place (Mixed-family use facility was amended out of the original Developer’s Agreement and single-family units were allowed). Approvals were also given in 2014 that amended the western border of the planned development district as well as the western land uses of the district that were originally approved in 1988. Said amendments included the addition of approximately 1.4 acres to the planned development as well as allowing a total of eighteen (18) units to exist over a total of 6.7 acres which consisted of an existing single-family home to remain, five single family “garden homes”, and a twelve (12) unit multi-family structure all subject to the approvals given by the Planning Commission and Common Council in the resolutions and ordinances referenced below. (2) DATES OF ADOPTION AND ORDINANCE/RESOLUTION NUMBERS: Plan Commission Rezoning Approval: 03/15/1988 per Resolution #032-1988 Common Council Rezoning Approval: 09/27/1988 per Ordinance #622 Common Council Developer’s Agreement Approval: 09/27/1988 per Resolution #216- 1988 Plan Commission 2014 Rezoning Approval: __/___/2014 per Resolution #____- 2014 Common Council 2014Rezoning Approval: __/___/2014 per Ordinance #____ Plan Commission 2014 BSO Approval: ______ per Resolution #____-___ Common Council Developer’s Agreement Approval (If Applicable): ______ per Resolution #___-____ (3) BASIC REGULATIONS (A) Lot Size (B) Density (C) Building Location (D) Building Size (E) Open Space (F) Height Min. Lot Area Min. Avg. Lot Width D/U Per Acre Min. Set Back Side Yards Rear Yard Min. floor area 1st floor Min. floor area total Floor Area Ratio Min. open space per res D/U Min. Ht principal structure Min. Ht Accessory structure Varies Varies 2.6 Varies Varies Varies - - 25% 75% 30 15 (4) PERMITTED USES BY RIGHT 1. Any use as permitted in the RCE district subject to zoning substantial change hearings if required. (5) PERMITTED ACCESSORY USES 1. Any accessory use permitted in the RCE district subject to zoning substantial change hearings if required. (6) PERMITTED USES BY CONDITIONAL GRANT 1. Any conditional use permitted in the RCE district subject to zoning substantial change hearings if required. COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1386 AN ORDINANCE TO AMEND CHAPTER 17, SECTION 8.01 (3) B. 6., OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Permitted Accessory Uses) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 17, Section 8.01 (3) B. 6., of the Municipal Code of the City of Muskego is hereby amended to read as follows: B. PERMITTED ACCESSORY USES 6. The keeping or raising of domestic livestock for show, breeding, or other use incidental to the principal use of the premises subject to the following: a. The keeping or raising of hogs, or fur bearing animals other than rabbits shall not be permitted. b. The raising of fowl for personal use, on lots less than 120,000 square feet, shall be considered an accessory use in all Single- Family Residential Zoning Districts and shall meet the following requirements below. 1. Up to a total of four (4) fowl allowed per single-family property. No fowl are allowed on commercial, industrial, or multi-family properties. 2. No roosters. 3. No slaughtering on site. 4. Fowl shall be kept within a secure outdoor enclosure of no more than 50 square feet and said enclosure must be maintained in a clean and sanitary condition. Said enclosure must be cleaned on a regular basis to prevent offensive odors. 5. Enclosures shall be located no closer than twenty-five (25) feet to neighboring dwellings and a minimum of ten (10) feet from the property line. 6. Fowl may not be kept in the front yard of a property. For the purpose of this code, front yard is defined as between a home and a roadway. Homes that are located on multiple roadways are considered to have multiple front yards. 7. Fowl may not be kept within 50 feet from the ordinary high water mark (OHWM) of any navigable waterway. 8. The chickens and/or ducks cannot cause a nuisance, unhealthy condition, or interfere with the normal use of property or enjoyment of life by humans or animals. Ord. #1386 Page 2 9. A Zoning Permit is required from the Community Development Department before the allowance of fowl per the ordinance herein. As part of the Zoning Permit, neighbor permission is required consisting of signoff from each adjoining property owner, including corner abutting owners (but not across a roadway). 10. In the event a property owner/tenant does not first get a permit or if the property owner/tenant who has a valid permit does not follow the above requirements of the fowl ordinance, permanent revocation of the allowance of fowl on the property under this ordinance may take place. 11. By receiving an approved permit, an applicant agrees to allow the City onsite inspections, upon agreed upon times, to review any complaints. 12. Failure to follow the requirements of this ordinance is subject to citations. c. Not more than one head of livestock, and 20 fowl, shall be permitte d per 40,000 square feet of lot area nor shall any such livestock or fowl be permitted on a lot less than 120,000 square feet in area unless the requirements are met for fowl per section b. above. SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance is hereby repealed as to those terms that conflict. SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF , 2014 CITY OF MUSKEGO Kathy Chiaverotti, Mayor ATTEST: First reading: ________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1387 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO (Towne Realty RC-2 and RC-3 to Planned Development District) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: The following described property was granted a rezoning from RC-2 – Country Residence District and RC-3 – Country Residence to Planned Development District per Council Ordinance #1253 on June 12, 2007 and is amended pursuant to this ordinance: Tax Key Numbers 2253.998.003 and 2253.998.004 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 is in full force and effect from and after passage and publication subject to Council approval of the Final Plat, Subdivider’s Agreement and the zoning ordinance language that specifically outlines the parameters of the PD. All portions of approvals from Ordinance #1253 are in full force along with this amendment. PASSED AND APPROVED THIS DAY OF , 2014. CITY OF MUSKEGO _______________________________ Kathy Chiaverotti, Mayor First Reading: ATTEST: ______________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1388 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO (Chrisben III, LLC – B-4 to DR-1) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: The following described property is hereby rezoned from B-4 – Highway Business District to DR-1 – Downtown Revival District: Tax Key Number 2198.948 S73 W16437Janesville Road SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict . SECTION 3: This ordinance is in full force and effect from and after passage and publication. PASSED AND APPROVED THIS DAY OF , 2014. CITY OF MUSKEGO _______________________________ Kathy Chiaverotti, Mayor First Reading: ATTEST: ______________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: Council Date SEPT. 23, 2014 Total Vouchers All Funds $382,557.43 Total Voucher Approval Utility Vouchers (Approve Separately) Water Vouchers $18,482.35 Water Wire Transfers Total Water $18,482.35 Sewer Vouchers 38,779.14 Sewer Wire Transfers Total Sewer $38,779.14 Net Total Utility Vouchers $ 57,261.49 #1 - Utility Voucher Approval Tax Vouchers - Refunds & Tax Settlements (Approve Separately) Tax Vouchers $ Tax Void Checks ()** Total Tax Vouchers $ - #2 - Tax Voucher Approval Total General Fund Vouchers (Approve Separately) General Fund Vouchers $325,295.94 General Fund Void Checks ()** Total General Fund Vouchers $ 325,295.94 #3 - General Voucher Approval Big Muskego Lake Vouchers $160.00 . Wire transfers (Approve Separately): Tax Settlements $ Debt Service $1,470,171.88 Payroll/Invoice Transmittals $349,765.13 #4 - Wire Transfers Approval Void Checks Since Last Report Check #Amount Check #Amount 137330 599.00 Total *** Total 599.00 *Total *** CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM 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 ADVANCED DISPOSAL - MUSKEGO-C6 C60001198777 1 Invoice REF/AUG 09/17/2014 09/23/2014 50,996.81 914 205.03.30.00.5820 C60001198777 2 Invoice RECY/AUG 09/17/2014 09/23/2014 23,866.88 914 205.03.00.00.5820 C60001198777 3 Invoice RECY/AUG 09/17/2014 09/23/2014 1,378.59 914 205.03.00.00.6056 C60001198777 4 Invoice FUEL CHG/JULY 09/17/2014 09/23/2014 2,991.34 914 205.03.30.00.5820 Total ADVANCED DISPOSAL - MUSKEGO-C6:79,233.62 ALL ABOUT GRAPHICS PLUS LLC AAGP-1645 1 Invoice PRINTING OF FORMS & CARDS 09/01/2014 09/23/2014 260.00 914 100.02.20.01.5723 Total ALL ABOUT GRAPHICS PLUS LLC:260.00 ALSCO 42510/92314 1 Invoice UNIFORM RENT 08/31/2014 09/23/2014 179.44 914 100.04.51.07.5704 42510/92314 2 Invoice UNIFORM RENT 08/31/2014 09/23/2014 54.32 914 605.56.09.21.5835 42510/92314 3 Invoice UNIFORM RENT 08/31/2014 09/23/2014 54.32 914 601.61.61.12.5702 42511/92314 1 Invoice UNIFORM RENT 08/31/2014 09/23/2014 41.12 914 601.61.61.12.5702 42511/92314 2 Invoice UNIFORM RENT 08/31/2014 09/23/2014 41.12 914 605.56.09.21.5835 42511/92314 3 Invoice UNIFORM RENT 08/31/2014 09/23/2014 70.56 914 100.04.51.07.5704 Total ALSCO:440.88 AMERICAN PATRIOT PICTURES LLC L-1184 1 Invoice AUDVIS MTLS/23038 08/21/2014 09/23/2014 19.99 914 100.05.71.02.5711 Total AMERICAN PATRIOT PICTURES LLC:19.99 AMERICAN RED CROSS 10322872 1 Invoice BABY SIT COURSE FEES 09/03/2014 09/23/2014 220.00 914 100.05.72.14.5730 Total AMERICAN RED CROSS:220.00 ANDERSON, JENNIFER AN92314 1 Invoice EWIMB/LIL' LEARNERS SUPPLIES 09/15/2014 09/23/2014 92.16 914 100.05.72.16.5702 Total ANDERSON, JENNIFER:92.16 APPLIED ASSC 96462294 1 Invoice PARTS 09/10/2014 09/23/2014 171.92 914 100.04.51.07.5405 Total APPLIED ASSC:171.92 ASSOCIATED BANK AS92314 1 Invoice 9/1 REV BOND/PRIN 09/01/2014 09/23/2014 25,416.67 914 601.00.00.00.1011 AS92314 2 Invoice 9/1 REV BOND/INT 09/01/2014 09/23/2014 6,526.25 914 601.00.00.00.1011 Total ASSOCIATED BANK:31,942.92 ASSURANT EMPLOYEE BENEFITS 5469400/92314 1 Invoice DENTAL/OCT 09/16/2014 09/23/2014 2,933.80 914 100.00.00.00.2211 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 5469400/92314 2 Invoice VISION/OCT 09/16/2014 09/23/2014 408.35 914 100.00.00.00.2212 Total ASSURANT EMPLOYEE BENEFITS:3,342.15 AT&T 262679410606 1 Invoice MTHLY CITY PHONE 09/17/2014 09/23/2014 605.91 914 100.01.06.00.5601 Total AT&T:605.91 BAKER & TAYLOR COMPANY 0002596798 1 Invoice CREDIT MEMO 08/18/2014 09/23/2014 8.11-914 100.05.71.01.5711 2029662322 1 Invoice PRINT MATLS 08/06/2014 09/23/2014 49.04 914 100.05.71.01.5711 2029682031 1 Invoice PRINT MATLS 08/13/2014 09/23/2014 493.78 914 100.05.71.01.5711 2029699699 1 Invoice PRINT MATLS 08/20/2014 09/23/2014 638.72 914 100.05.71.01.5711 2029703942 1 Invoice PRINT MATLS 08/20/2014 09/23/2014 627.17 914 100.05.71.01.5711 2029709437 1 Invoice PRINT MATLS 08/21/2014 09/23/2014 234.51 914 100.05.71.01.5711 2029713035 1 Invoice PRINT MATLS 08/22/2014 09/23/2014 919.94 914 100.05.71.01.5711 2029728511 1 Invoice PRINT MATLS 08/27/2014 09/23/2014 1,475.01 914 100.05.71.01.5711 2029728721 1 Invoice PRINT MATLS 08/27/2014 09/23/2014 575.81 914 100.05.71.01.5711 2029737412 1 Invoice PRINT MATLS 08/29/2014 09/23/2014 564.00 914 100.05.71.01.5711 2029750460 1 Invoice PRINT MATLS 09/03/2014 09/23/2014 1,198.80 914 100.05.71.01.5711 2029750628 1 Invoice PRINT MATLS 09/04/2014 09/23/2014 763.76 914 100.05.71.01.5711 2029750772 1 Invoice PRINT MATLS 09/03/2014 09/23/2014 929.92 914 100.05.71.01.5711 2029758690 1 Invoice PRINT MATLS 09/05/2014 09/23/2014 378.68 914 100.05.71.01.5711 2029758719 1 Invoice PRINT MATLS 09/05/2014 09/23/2014 259.13 914 100.05.71.01.5711 5013250143 1 Invoice PRINT MATLS/23029 08/13/2014 09/23/2014 74.34 914 100.05.71.01.5711 5013260229 1 Invoice PRINT MATLS/23029 08/20/2014 09/23/2014 154.05 914 100.05.71.01.5711 5013270448 1 Invoice PRINT MATLS/23029 08/27/2014 09/23/2014 534.78 914 100.05.71.01.5711 5013280194 1 Invoice PRINT MATLS/23029 09/03/2014 09/23/2014 67.88 914 100.05.71.01.5711 5013280195 1 Invoice PRINT MATLS/23029 09/03/2014 09/23/2014 14.62 914 100.05.71.01.5711 Total BAKER & TAYLOR COMPANY:9,945.83 BAKER & TAYLOR ENTERTAINMENT K23779000 1 Invoice AUD VIS/22980 08/15/2014 09/23/2014 269.41 914 100.05.71.02.5711 K24014460 1 Invoice AUD VIS/22964 08/29/2014 09/23/2014 12.73 914 100.05.71.02.5711 K24671930 1 Invoice AUD VIS/23024 08/28/2014 09/23/2014 441.95 914 100.05.71.02.5711 K250028009 1 Invoice AUD VIS/23025 09/04/2014 09/23/2014 12.74 914 100.05.71.02.5711 M48473190 1 Invoice AUD VIS/22979 08/11/2014 09/23/2014 15.58 914 100.05.71.02.5711 M49007850 1 Invoice AUD VIS/22965 08/18/2014 09/23/2014 256.98 914 100.05.71.02.5711 M49007851 1 Invoice AUD VIS/22922 08/18/2014 09/23/2014 71.98 914 100.05.71.02.5711 M49007852 1 Invoice AUD VIS/22979 08/18/2014 09/23/2014 32.37 914 100.05.71.02.5711 M49506240 1 Invoice AUD VIS/22964 08/18/2014 09/23/2014 18.89 914 100.05.71.02.5711 M49617460 1 Invoice AUD VIS/22980 08/22/2014 09/23/2014 22.91 914 100.05.71.02.5711 M49617461 1 Invoice AUD VIS/22965 08/22/2014 09/23/2014 79.90 914 100.05.71.02.5711 M49617462 1 Invoice AUD VIS/22979 08/22/2014 09/23/2014 79.24 914 100.05.71.02.5711 M49617463 1 Invoice AUD VIS/22922 08/22/2014 09/23/2014 50.39 914 100.05.71.02.5711 M49626880 1 Invoice AUD VIS/22846 08/19/2014 09/23/2014 10.76 914 100.05.71.02.5711 M50090960 1 Invoice AUD VIS/22979 08/25/2014 09/23/2014 35.99 914 100.05.71.02.5711 M50294300 1 Invoice AUD VIS/22965 08/29/2014 09/23/2014 117.22 914 100.05.71.02.5711 M50294301 1 Invoice AUD VIS/22979 08/29/2014 09/23/2014 14.39 914 100.05.71.02.5711 M50565090 1 Invoice AUD VIS/23024 08/29/2014 09/23/2014 14.39 914 100.05.71.02.5711 M50622330 1 Invoice AUD VIS/23024 08/29/2014 09/23/2014 12.95 914 100.05.71.02.5711 M50889350 1 Invoice AUD VIS/22980 09/08/2014 09/23/2014 11.88 914 100.05.71.02.5711 M50889351 1 Invoice AUD VIS/22979 09/08/2014 09/23/2014 123.10 914 100.05.71.02.5711 M50889352 1 Invoice AUD VIS/22965 09/08/2014 09/23/2014 154.75 914 100.05.71.02.5711 M50889353 1 Invoice AUD VIS/23024 09/08/2014 09/23/2014 17.99 914 100.05.71.02.5711 M50907710 1 Invoice AUD VIS/23024 09/02/2014 09/23/2014 7.19 914 100.05.71.02.5711 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number M50995380 1 Invoice AUD VIS/23024 09/03/2014 09/23/2014 7.19 914 100.05.71.02.5711 M51037750 1 Invoice AUD VIS/23025 09/08/2014 09/23/2014 201.21 914 100.05.71.02.5711 M51086200 1 Invoice AUD VIS/23024 09/04/2014 09/23/2014 7.19 914 100.05.71.02.5711 M51185120 1 Invoice AUD VIS/23024 09/05/2014 09/23/2014 21.56 914 100.05.71.02.5711 M51185130 1 Invoice AUD VIS/223024 09/05/2014 09/23/2014 21.56 914 100.05.71.02.5711 Total BAKER & TAYLOR ENTERTAINMENT:2,144.39 BEHLING, CARI BE92314 1 Invoice UNIFORM ITEM 09/13/2014 09/23/2014 39.04 914 100.02.20.10.5151 Total BEHLING, CARI:39.04 BMI 144027223 1 Invoice BASE LICENSE FEES 09/02/2014 09/23/2014 330.00 914 100.05.72.10.5305 Total BMI:330.00 BRODART CO. 366758 1 Invoice OFFICE SUPPLIES/23053 08/29/2014 09/23/2014 569.00 914 100.05.71.00.5701 Total BRODART CO.:569.00 BUBRICKS INC 953096 1 Invoice OFFICE SUPPLIES/23047 08/27/2014 09/23/2014 218.16 914 100.05.71.00.5701 954640 1 Invoice 2 TONER CART/DOFA 08/29/2014 09/23/2014 187.50 914 100.01.03.00.5701 958154 1 Invoice OFFICE SUPPLIES/23066 09/08/2014 09/23/2014 152.36 914 100.05.71.00.5701 Total BUBRICKS INC:558.02 BUMPER TO BUMPER MUSKEGO 437885 1 Invoice SHOP SUPPLIES 08/26/2014 09/23/2014 43.46 914 100.05.72.02.5735 438042 1 Invoice WIRE BRUSH SET 08/28/2014 09/23/2014 6.98 914 100.05.72.02.5731 438133 1 Invoice FREON/TRACTOR 08/29/2014 09/23/2014 79.90 914 100.05.72.02.5735 438491 1 Invoice CREDIT/BRAKE PARTS 09/05/2014 09/23/2014 90.97-914 100.05.72.02.5405 438492 1 Invoice FRONT & REAR SHOCKS/S10 09/05/2014 09/23/2014 83.96 914 100.05.72.02.5405 438493 1 Invoice 2 BATTERIES 09/05/2014 09/23/2014 263.98 914 100.05.72.02.5405 438768 1 Invoice CREDIT/BATERIES 09/10/2014 09/23/2014 24.00-914 100.05.72.02.5405 438769 1 Invoice SIGNAL BULBS 09/10/2014 09/23/2014 8.80 914 100.05.72.02.5405 644-438409 1 Invoice TRUCK SUPPLIES 09/03/2014 09/23/2014 3.65 914 215.06.00.00.5704 644-438516 1 Invoice TRUCK SUPPLIES 09/05/2014 09/23/2014 10.26 914 215.06.00.00.5704 Total BUMPER TO BUMPER MUSKEGO:386.02 CASH REGISTER SPECIALTIES 082019A 1 Invoice OFFICE SUP/23034 08/21/2014 09/23/2014 65.00 914 100.05.71.00.5701 Total CASH REGISTER SPECIALTIES:65.00 CDW GOVERNMENT, INC PF89301 1 Invoice PRINTER 09/05/2014 09/23/2014 473.01 914 100.05.71.00.5701 Total CDW GOVERNMENT, INC:473.01 CENTURY LINK 1313161862 1 Invoice LONG DISTANCE 09/17/2014 09/23/2014 4.44 914 100.01.06.00.5601 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total CENTURY LINK:4.44 CHAPPELL SPORTS 15541 1 Invoice TENNIS & SIFTBALL CHAMP SHIR 09/08/2014 09/23/2014 197.50 914 100.05.72.17.5702 Total CHAPPELL SPORTS:197.50 CITY OF MUSKEGO 2252995 1 Invoice BG LK PAYM/E-PAY 09/15/2014 09/18/2014 80.00 914 250.01.00.00.4358 2252995 2 Invoice BG LK PAYM/WITH UTILITY CK 09/15/2014 09/18/2014 80.00 914 250.01.00.00.4358 Total CITY OF MUSKEGO:160.00 CREATIVE PRODUCT SOURCING, INC 76945 1 Invoice DARE ITEMS 09/16/2014 09/23/2014 209.01 914 100.02.20.01.5721 Total CREATIVE PRODUCT SOURCING, INC:209.01 CUES INC. 4162828 1 Invoice FITTING,SPRING KIT 08/29/2014 09/23/2014 323.85 914 601.61.61.16.5411 Total CUES INC.:323.85 CULLIGAN OF WAUK INC CU92314 1 Invoice FILTER SERV JRC 08/31/2014 09/23/2014 39.16 914 100.05.72.02.5410 Total CULLIGAN OF WAUK INC:39.16 DEMCO EDUCATIONAL CORP 5384867 1 Invoice OFFICE SUPPLIES/23048 08/27/2014 09/23/2014 50.40 914 100.05.71.00.5701 Total DEMCO EDUCATIONAL CORP:50.40 DEPT OF ADMIN - GAMIING DE92314 1 Invoice MUSK TASK FORCE/LIC RENEWA 09/16/2014 09/23/2014 25.00 914 505.00.00.00.2638 Total DEPT OF ADMIN - GAMIING:25.00 DF TOMASINI, INC. DFT1905-117 1 Invoice WTR SRV/BRIDGE PORTWAY 08/25/2014 09/23/2014 5,190.45 914 605.54.06.52.5410 Total DF TOMASINI, INC.:5,190.45 DIVERSIFIED BENEFIT SERV INC. 188694 1 Invoice HRA/SEPT 09/03/2014 09/23/2014 377.90 914 100.01.06.00.5203 189389 1 Invoice FSA FF/SEPT 09/17/2014 09/23/2014 211.65 914 100.01.06.00.5203 Total DIVERSIFIED BENEFIT SERV INC.:589.55 DOOR PROFESSIONALS INC 27432 1 Invoice DOOR REPAIR/BOXHORN WAREH 09/17/2014 09/23/2014 1,013.00 914 100.05.72.02.5415 Total DOOR PROFESSIONALS INC:1,013.00 DREFAHL, ANDREW DR92314 1 Invoice JANESVILLE RD GRANT PROGAM 09/17/2014 09/23/2014 3,000.00 914 220.01.00.00.5704 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total DREFAHL, ANDREW:3,000.00 EAGLE MEDIA, INC. 29050 1 Invoice UNIFORM ITEM/HENDRICKSON 09/10/2014 09/23/2014 49.99 914 100.02.20.10.5151 29101 1 Invoice SIGN GRAPHICS 09/17/2014 09/23/2014 20.00 914 100.01.03.00.5704 Total EAGLE MEDIA, INC.:69.99 ELLIOTT'S ACE HARDWARE 601005/92314 1 Invoice MAINT SUPPLIES/CH 09/16/2014 09/23/2014 37.84 914 100.01.09.00.5415 601005/92314 2 Invoice MAINT SUPPLIES/LIB 09/16/2014 09/23/2014 32.85 914 100.05.71.00.5415 601005/92314 3 Invoice MAINT SUPPLIES/PD 09/16/2014 09/23/2014 45.97 914 100.02.20.01.5415 601005/92314 4 Invoice MISC WTR SUPPLIES 09/16/2014 09/23/2014 222.28 914 605.52.06.25.5702 Total ELLIOTT'S ACE HARDWARE:338.94 EMERGENCY MEDICAL PROD INC. 1675624 1 Invoice GLOVES 09/10/2014 09/23/2014 186.70 914 601.61.61.15.5425 Total EMERGENCY MEDICAL PROD INC.:186.70 EWALD AUTOMOTIVE GROUP LLC EW92314 1 Invoice 2014 CHEV CAPRICE SQD 08/27/2014 09/23/2014 26,235.00 914 100.07.20.01.6501 Total EWALD AUTOMOTIVE GROUP LLC:26,235.00 F & W LANDSCAPE SPECIALISTS 2896 1 Invoice GRASS CUTTING - 2174.151 JEWE 09/10/2014 09/23/2014 75.00 914 100.00.00.00.1304 2896 2 Invoice GRASS CUTTING - 2174.144 JEWE 09/10/2014 09/23/2014 75.00 914 100.00.00.00.1304 2897 1 Invoice GRASS CUTTING - 2199.999.022 L 09/10/2014 09/23/2014 75.00 914 100.00.00.00.1304 Total F & W LANDSCAPE SPECIALISTS:225.00 FASTENAL COMPANY WIMUK51653 1 Invoice SUPPLIES 08/26/2014 09/23/2014 25.95 914 100.04.51.07.5405 Total FASTENAL COMPANY:25.95 FERGUSON WATERWORKS #2516 0098104 1 Invoice MAINT/3 YR 08/29/2014 09/23/2014 1,160.00 914 605.56.09.21.5510 Total FERGUSON WATERWORKS #2516:1,160.00 FINDAWAY WORLD,LLC 134299 1 Invoice AUD VIS MTLS/22991 08/15/2014 09/23/2014 115.98 914 100.05.71.02.5711 26551 1 Invoice AUD VIS MTLS/CREDIT 08/24/2014 09/23/2014 79.98-914 100.05.71.02.5711 Total FINDAWAY WORLD,LLC:36.00 FOTH INFRASTRUCTURE & 40643 1 Invoice FREY AUTOMOTIVE SWMP/DD#76 09/05/2014 09/23/2014 1,752.40 914 507.00.00.00.2725 40644 1 Invoice PERSONAL STORAGE EXPANSIO 09/05/2014 09/23/2014 1,236.60 914 507.00.00.00.2771 40645 1 Invoice IN-PRO OFFICE DEVELOPMENT/D 09/05/2014 09/23/2014 1,021.00 914 507.00.00.00.2642 Total FOTH INFRASTRUCTURE &:4,010.00 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number FRANKLIN AGGREGATES, INC. 1297620 1 Invoice STONE 08/28/2014 09/23/2014 1,278.18 914 100.04.51.02.5741 1299135 1 Invoice STONE 09/04/2014 09/23/2014 975.92 914 100.04.51.02.5741 1301082 1 Invoice 1 1/4" CABC 09/11/2014 09/23/2014 1,112.91 914 100.04.51.02.5741 Total FRANKLIN AGGREGATES, INC.:3,367.01 FRANKLIN COMMUNITY ED. & REC FR92314 1 Invoice SUMMER CO-OP CLASS PAYM 09/05/2014 09/23/2014 1,272.36 914 100.05.72.18.5110 Total FRANKLIN COMMUNITY ED. & REC:1,272.36 GELLINGS, BLAINE GE92314 1 Invoice 2014 CLOTHING REIMB 09/16/2014 09/23/2014 150.00 914 601.61.61.12.5702 GE92314 2 Invoice 2014 CLOTHING REIMB 09/16/2014 09/23/2014 150.00 914 605.56.09.30.5228 Total GELLINGS, BLAINE:300.00 GLACIER REFRIGERATION INC 13918 1 Invoice REPAIR DEHUMIDIFER 08/26/2014 09/23/2014 427.66 914 601.61.61.15.5415 Total GLACIER REFRIGERATION INC:427.66 GLEASON REDI MIX 222124 1 Invoice REDI MIX 09/04/2014 09/23/2014 86.50 914 100.04.51.04.5744 Total GLEASON REDI MIX:86.50 GRAINGER 817215577 1 Invoice SHARPS CONTAINER 09/02/2014 09/23/2014 42.70 914 605.56.09.21.6056 817215577 2 Invoice SHARPS CONTAINER 09/02/2014 09/23/2014 42.71 914 601.61.61.12.5702 Total GRAINGER :85.41 GRAYBAR 974631674 1 Invoice MAINT BLDG GRDS 09/05/2014 09/23/2014 483.81 914 100.05.71.00.5415 974631675 1 Invoice MAINT BLDG GRDS 09/05/2014 09/23/2014 120.93 914 100.05.71.00.5415 Total GRAYBAR:604.74 H & C PROPERTIES HC92314 1 Invoice JANESVILLE RD GRANT 09/17/2014 09/23/2014 4,000.00 914 220.01.00.00.5704 Total H & C PROPERTIES:4,000.00 HAWKINS, INC. 3643219 1 Invoice A-ZONE 09/09/2014 09/23/2014 1,454.00 914 605.53.06.31.5750 Total HAWKINS, INC.:1,454.00 HD SUPPLY WATERWORKS, LTD C920899 1 Invoice CURB-BALL/INSERT 09/05/2014 09/23/2014 170.43 914 605.54.06.52.5702 Total HD SUPPLY WATERWORKS, LTD:170.43 HEARTLAND BUSINESS SYSTEMS HBS00110408 1 Invoice SERVER 08/26/2014 09/23/2014 5,833.00 914 410.08.90.14.6502 HBS00110661 1 Invoice THIN CLIENT/9 08/28/2014 09/23/2014 2,531.25 914 100.07.01.06.6501 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number HBS00111198 1 Invoice LICENSE 09/10/2014 09/23/2014 7,742.00 914 100.07.01.06.6501 HBS00111294 1 Invoice THIN CLIENT/29 09/12/2014 09/23/2014 12,391.70 914 100.07.01.06.6501 Total HEARTLAND BUSINESS SYSTEMS:28,497.95 HOOVER, MARY HO92314 1 Invoice SUMMER JAZZERCISE 09/05/2014 09/23/2014 72.00 914 100.05.72.13.5110 Total HOOVER, MARY:72.00 HORN BROS, INC. 133447 1 Invoice FERTILIZER 09/08/2014 09/23/2014 44.90 914 100.05.72.02.5415 Total HORN BROS, INC.:44.90 HUMPHREY SERVICE & PARTS 1153539 1 Invoice CARTRIDGE & CORE/#18 09/11/2014 09/23/2014 277.08 914 100.04.51.07.5405 Total HUMPHREY SERVICE & PARTS:277.08 ITU ABSORB TECH, INC MSOAAF/0024 1 Invoice SUPPLIES/EYE WASH 08/29/2014 09/23/2014 23.15 914 100.04.51.01.5228 Total ITU ABSORB TECH, INC:23.15 J. MAUEL & ASSOCIATES JM92314 1 Invoice 2014 PET LICENSE PROGRAM 09/17/2014 09/23/2014 250.00 914 100.01.03.00.5502 Total J. MAUEL & ASSOCIATES:250.00 J.M.SERVICE JM92314 1 Invoice GRIND STUMP/BAY LANE 08/30/2014 09/23/2014 75.00 914 100.04.51.05.5704 Total J.M.SERVICE:75.00 JAMES IMAGING SYSTEMS INC 561189 1 Invoice CONTRACT/QTLY CHARGES 09/16/2014 09/23/2014 493.96 914 100.06.18.01.5410 Total JAMES IMAGING SYSTEMS INC:493.96 JAMES IMAGING SYSTEMS INC (lease) 261689822 1 Invoice MAINT EQUIP 09/10/2014 09/23/2014 396.74 914 100.05.71.00.5401 Total JAMES IMAGING SYSTEMS INC (lease):396.74 JANSSEN, JENNIFER 74984 1 Invoice TRF/VMP RENTAL 09/16/2014 09/23/2014 75.00 914 100.00.00.00.2110 Total JANSSEN, JENNIFER:75.00 JAY,JACQUELINE JA92314 1 Invoice REF/BLDG PERMIT 09/17/2014 09/23/2014 40.00 914 100.02.25.00.4250 Total JAY,JACQUELINE:40.00 JM BRENNAN, INC. SALES000058 1 Invoice MAINT BLDG GRDS 08/29/2014 09/23/2014 7,861.37 914 100.05.71.00.5415 SALES000058 1 Invoice MAINT BLDG GRDS 08/31/2014 09/23/2014 446.98 914 100.05.71.00.5415 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total JM BRENNAN, INC.:8,308.35 JOERS, STACI 91214 1 Invoice FALL HARVEST COOKING 09/12/2014 09/23/2014 31.00 914 100.05.72.18.5110 Total JOERS, STACI:31.00 JOURNAL SENTINEL INC JO92314 1 Invoice PAPER/13WKS 09/16/2014 09/23/2014 61.75 914 601.61.63.42.6056 Total JOURNAL SENTINEL INC:61.75 JSA CIVIL ENV ENGINEERS 2516 1 Invoice VEOLIA OVERSIGHT & AUDIT 09/02/2014 09/16/2014 3,974.31 914 210.03.00.00.5816 Total JSA CIVIL ENV ENGINEERS:3,974.31 JUDICIAL MANGT. SYSTEMS, INC JU92314 1 Invoice COURT SOFTWARE 08/27/2014 09/23/2014 30.00 914 100.01.08.00.5504 Total JUDICIAL MANGT. SYSTEMS, INC:30.00 L & S ELECTRIC INC 465282 1 Invoice DELIVERY/MCSHANE 08/24/2014 09/23/2014 160.00 914 601.61.61.16.5411 Total L & S ELECTRIC INC:160.00 LASER LINE MFG INC 9550 1 Invoice LASER GUIDE 08/31/2014 09/23/2014 2,595.00 914 100.04.51.07.5405 Total LASER LINE MFG INC:2,595.00 LITTLE MUSKEGO LAKE DIST 2193970047 1 Invoice KAPUSTA/2014 LML FEE 09/08/2014 09/23/2014 135.00 914 100.05.06.00.6052 Total LITTLE MUSKEGO LAKE DIST:135.00 LWMMI WM006725101 1 Invoice CLAIM/TIME WARNER 09/16/2014 09/23/2014 1,096.83 914 100.01.06.00.6108 Total LWMMI:1,096.83 MARK J. RINDERLE TIRE INC. 111461 1 Invoice TIRES/#12 &16 08/27/2014 09/23/2014 1,381.56 914 100.04.51.07.5735 Total MARK J. RINDERLE TIRE INC.:1,381.56 MCKINLEY CUSTOM PRODUCTS, INC 65997 1 Invoice PRAIRIE SIGN 09/08/2014 09/23/2014 240.00 914 215.06.00.00.5704 Total MCKINLEY CUSTOM PRODUCTS, INC:240.00 MID MORAINE MUNICIPAL COURT MI92314 1 Invoice BOND/BRIAN INGRAM 09/10/2014 09/23/2014 346.80 914 100.01.08.00.4269 Total MID MORAINE MUNICIPAL COURT:346.80 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number MIDLAND PLASTICS, INC. 1 1 Invoice DANDILION RM/BULLETIN BOARD 09/03/2014 09/23/2014 63.36 914 100.05.72.16.5702 Total MIDLAND PLASTICS, INC.:63.36 MIDWEST TAPE 92080166 1 Invoice AUD VIS MTLS/22978 08/11/2014 09/23/2014 47.98 914 100.05.71.02.5711 92092958 1 Invoice AUD VIS MTLS/22978 08/15/2014 09/23/2014 49.99 914 100.05.71.02.5711 92136203 2 Invoice AUD VIS/22978 09/02/2014 09/23/2014 41.98 914 100.05.71.02.5711 92136205 1 Invoice AUD VUS MTLS/23039 09/02/2014 09/23/2014 69.27 914 100.05.71.02.5711 92147582 1 Invoice AUD VIS MTLS/23039 09/05/2014 09/23/2014 20.99 914 100.05.71.02.5711 Total MIDWEST TAPE:230.21 MINNESOTA LIFE INS. 2832L-G/92314 1 Invoice LIFE INS PREM/OCT 09/15/2014 09/23/2014 2,896.88 914 100.00.00.00.2207 Total MINNESOTA LIFE INS.:2,896.88 MUSKEGO TIRE & AUTO LLC 1-40391 1 Invoice OIL CHANGE /#7 08/06/2014 09/23/2014 48.95 914 100.02.20.01.5405 1-40707 1 Invoice OIL CHG/#6 08/15/2014 09/23/2014 59.95 914 100.02.20.01.5405 1-40923 1 Invoice OIL CHANGE /#3 08/21/2014 09/23/2014 28.95 914 100.02.20.01.5405 1-40933 1 Invoice TIRE REPAIR/#15 08/21/2014 09/23/2014 20.00 914 100.02.20.01.5405 Total MUSKEGO TIRE & AUTO LLC:157.85 NEENAH FOUNDRY CO 802851 1 Invoice FRAME & GRATES 08/29/2014 09/23/2014 233.00 914 100.04.51.04.5744 Total NEENAH FOUNDRY CO:233.00 NEW BERLIN POLICE DEPT. NE92314 1 Invoice BOND/JOLEE GRAFF 09/05/2014 09/23/2014 124.00 914 100.01.08.00.4269 Total NEW BERLIN POLICE DEPT.:124.00 OFFICE MAX 836447 1 Invoice OFFICE SUPPLIES 08/28/2014 09/23/2014 146.31 914 100.02.20.01.5701 Total OFFICE MAX:146.31 OLSON'S OUTDOOR POWER 43213 1 Invoice AIR FILTER/CARB 08/25/2014 09/23/2014 46.36 914 100.04.51.07.5405 44169 1 Invoice WEED EATER 09/12/2014 09/23/2014 38.04 914 601.61.61.16.5411 Total OLSON'S OUTDOOR POWER:84.40 ONBASE 276440 1 Invoice LICENSES 08/29/2014 09/23/2014 1,600.00 914 209.01.00.00.6057 Total ONBASE:1,600.00 OSG STATEMENT SRV 0000034760 1 Invoice 2ND QTR DELQ 08/22/2014 09/23/2014 74.58 914 601.61.63.42.5701 0000034760 2 Invoice 2ND QTR DELQ 08/22/2014 09/23/2014 74.59 914 605.55.09.03.5710 0000034760 3 Invoice 2ND QTR DELQ 08/22/2014 09/23/2014 37.29 914 205.03.00.00.6056 0000034760 4 Invoice 2ND QTR DELQ 08/22/2014 09/23/2014 37.29 914 205.03.30.00.5704 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 10 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total OSG STATEMENT SRV:223.75 OSG STATEMENT SRV. (postage) 50777 1 Invoice POSTAGE/2ND QTR DELQ 08/22/2014 09/23/2014 231.40 914 601.61.63.42.5701 50777 2 Invoice POSTAGE/2ND QTR DELQ 08/22/2014 09/23/2014 231.39 914 605.55.09.03.5710 50777 3 Invoice POSTAGE/2ND QTR DELQ 08/22/2014 09/23/2014 115.70 914 205.03.00.00.6056 50777 4 Invoice POSTAGE/2ND QTR DELQ 08/22/2014 09/23/2014 115.70 914 205.03.30.00.5704 Total OSG STATEMENT SRV. (postage):694.19 PAETEC 57683860 1 Invoice MTHLY PHONE 09/04/2014 09/23/2014 987.92 914 100.02.21.00.5860 Total PAETEC:987.92 PAYNE & DOLAN OF WISCONSIN 1297883 1 Invoice ASPHALT 08/28/2014 09/23/2014 95.68 914 100.04.51.02.5740 Total PAYNE & DOLAN OF WISCONSIN:95.68 PIAS, DONALD JOE PI92314 1 Invoice WITNESS FEE CITATION/#S66915 09/10/2014 09/23/2014 8.80 914 100.01.08.00.6004 Total PIAS, DONALD JOE:8.80 PINKY ELECTRIC INC. 16957 1 Invoice REPLACE STARTER/WELL #7 08/27/2014 09/23/2014 1,827.00 914 605.52.06.23.5702 16971 1 Invoice LAMPS/PIONEER 08/29/2014 09/23/2014 338.00 914 100.04.51.06.5916 Total PINKY ELECTRIC INC.:2,165.00 PIRANHA PAPER SHREDDING LLC 1492082814 1 Invoice DOCUMENT SHREDDING 08/28/2014 09/23/2014 30.00 914 100.02.20.01.5723 Total PIRANHA PAPER SHREDDING LLC:30.00 PLASTICS UNLIMITED INC. 135168 1 Invoice LAMENATING SUPPLIES 09/11/2014 09/23/2014 117.00 914 100.02.20.01.5701 Total PLASTICS UNLIMITED INC.:117.00 PORT-A-JOHN 1229737 1 Invoice BATHRMS/IDLE ISLE PK 09/08/2014 09/23/2014 66.00 914 100.05.72.02.5820 1229738 1 Invoice BATHRMS/DURHAM LAUNCH 09/08/2014 09/23/2014 66.00 914 100.05.72.02.5820 1229739 1 Invoice BATHRMS/BOXHORN LAUNCH 09/08/2014 09/23/2014 66.00 914 100.05.72.02.5820 1230028 1 Invoice DENOON 09/15/2014 09/23/2014 198.00 914 100.05.72.02.5820 1230029 1 Invoice MANCHESTER 09/15/2014 09/23/2014 66.00 914 100.05.72.02.5820 1230030-IN 1 Invoice RESTROOMS@ENGEL 09/15/2014 09/23/2014 71.00 914 215.06.00.00.5801 Total PORT-A-JOHN:533.00 POSTMASTER OF MUSKEGO PO9914 1 Invoice 2014/P.O. BOX 749 FEE 09/02/2014 09/23/2014 288.00 914 100.01.06.00.5710 Total POSTMASTER OF MUSKEGO:288.00 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 11 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number POULOS, JAMES PO91214 1 Invoice TIF 8 GRANT 09/11/2014 09/12/2014 7,500.00 914 408.08.99.01.6520 Total POULOS, JAMES:7,500.00 PROHEALTH CARE 201408-0 1 Invoice OWI BLOOD DRAWS 08/31/2014 09/23/2014 70.00 914 100.02.20.01.5722 Total PROHEALTH CARE:70.00 PROHEALTH CARE MEDICAL ASSC 274976 1 Invoice DRUG TESTING/LEMANCZYK 09/03/2014 09/23/2014 43.00 914 100.02.20.01.5845 276917 1 Invoice DRUG TESTING/GILBERT 09/02/2014 09/23/2014 43.00 914 100.02.20.01.5845 276935 1 Invoice DRUG TESTING/CURRAN 09/02/2014 09/23/2014 43.00 914 100.02.20.01.5845 Total PROHEALTH CARE MEDICAL ASSC:129.00 PROVEN POWER INC 02-128961 1 Invoice TRACTOR PARTS 08/25/2014 09/23/2014 85.16 914 100.04.51.07.5405 02-130202 1 Invoice FUEL INJECTION PUMP 09/03/2014 09/23/2014 1,015.85 914 100.04.51.07.5405 02-130202 2 Invoice CORE 09/03/2014 09/23/2014 200.00 914 100.04.51.07.5405 Total PROVEN POWER INC:1,301.01 QUILL CORP 6002537 1 Invoice PENS,INK CARTRIDGES 09/10/2014 09/23/2014 136.98 914 100.05.72.10.5701 Total QUILL CORP:136.98 R & R INS. SRV., INC 1379910 1 Invoice WK COMP 09/02/2014 09/23/2014 45,566.00 914 100.01.06.00.6101 1379911 1 Invoice LWMM 09/02/2014 09/23/2014 14,986.00 914 100.01.06.00.6102 Total R & R INS. SRV., INC:60,552.00 R.S. PAINT & TOOLS LLC 24708 1 Invoice GRASS SEED/40 08/28/2014 09/23/2014 3,840.00 914 100.04.51.02.5742 72411 1 Invoice PICKS & HANDLE 09/16/2014 09/23/2014 146.64 914 601.61.61.12.5702 724110 1 Invoice BROOM & HANDLE 09/16/2014 09/23/2014 45.60 914 100.04.51.02.5742 Total R.S. PAINT & TOOLS LLC:4,032.24 RAMIX QUALITY ASPHALT PRODUCTS 9550MB 1 Invoice ASPHALT 08/23/2014 09/23/2014 1,698.95 914 100.04.51.02.5740 Total RAMIX QUALITY ASPHALT PRODUCTS:1,698.95 RANEY, RICHARD RA92314 1 Invoice REISSUE VOIDED CK#137330 06/20/2014 09/23/2014 599.00 914 100.05.72.13.5110 Total RANEY, RICHARD:599.00 RED THE UNIFORM TAILOR OOW57953 1 Invoice BODY ARMOR 08/26/2014 09/23/2014 1,120.00 914 100.02.20.01.5227 Total RED THE UNIFORM TAILOR:1,120.00 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 12 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number ROZMAN TRUE VALUE/CH 89275 1 Invoice SUPPLIES 09/16/2014 09/23/2014 4.48 914 215.06.00.00.5704 Total ROZMAN TRUE VALUE/CH:4.48 RUEKERT & MIELKE INC 108683 1 Invoice ELEVATED TANK 09/09/2014 09/23/2014 2,732.96 914 605.00.00.00.1977 108684 1 Invoice CIRCLE DR/STORM SWR 09/09/2014 09/23/2014 6,316.66 914 216.08.00.00.6503 108685 1 Invoice MMSD 09/09/2014 09/23/2014 4,536.25 914 601.61.63.43.5815 Total RUEKERT & MIELKE INC:13,585.87 SAFEWAY PEST MANAGEMENT INC. 473264 1 Invoice MTHLY PEST CONTROL 08/18/2014 09/23/2014 35.00 914 100.02.20.01.5415 473265 1 Invoice PEST CONTROL LIB/AUG 08/18/2014 09/23/2014 30.00 914 100.05.71.00.5415 473266 1 Invoice PEST CONTROL CH/AUG 08/18/2014 09/23/2014 32.00 914 100.01.09.00.5415 Total SAFEWAY PEST MANAGEMENT INC.:97.00 SCHABER/RICHARD SC92314 1 Invoice 2014 REIMB BOOTS 09/11/2014 09/23/2014 105.60 914 605.56.09.30.5228 SC92314 2 Invoice 2014 REIMB BOOTS 09/11/2014 09/23/2014 105.59 914 601.61.61.12.5702 Total SCHABER/RICHARD:211.19 SCHAEFER, EDWIN 1522736 1 Invoice REIMB/FINGER PRINTING 08/28/2014 09/23/2014 24.25 914 100.04.51.01.5228 Total SCHAEFER, EDWIN:24.25 SHERWIN INDUSTRIES, INC. SCO31519 1 Invoice BEADS & TIPS 09/04/2014 09/23/2014 339.00 914 100.04.51.03.5743 Total SHERWIN INDUSTRIES, INC.:339.00 SHERWIN-WILLIAMS CO. 4477-7 1 Invoice MAINT BLDG GRDS/23026 08/05/2014 09/23/2014 53.19 914 100.05.71.00.5415 Total SHERWIN-WILLIAMS CO.:53.19 SHI BO2413095 1 Invoice 2012 WINDOWS 08/25/2014 09/23/2014 4,347.75 914 100.07.01.06.6501 Total SHI:4,347.75 SOBIESKI, STEPHEN S092314 1 Invoice 2014 CLOTHING REIMB 09/15/2014 09/23/2014 64.00 914 100.04.51.01.5225 Total SOBIESKI, STEPHEN:64.00 SOMAR TEK LLC/ ENTERPRISES 98576 1 Invoice TARGETS 08/27/2014 09/23/2014 48.00 914 100.02.20.01.5722 98592 1 Invoice LEATHER ITEMS 09/03/2014 09/23/2014 24.99 914 100.02.20.01.5151 98607 1 Invoice AMMO 09/11/2014 09/23/2014 45.94 914 100.02.20.01.5722 98610 1 Invoice LEATHER ITEMS & SUPPLIES 09/12/2014 09/23/2014 126.97 914 100.02.20.01.5151 Total SOMAR TEK LLC/ ENTERPRISES:245.90 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 13 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number SPOK X02823351 1 Invoice PAGERS 9/14 08/31/2014 09/23/2014 8.12 914 601.61.63.42.5701 X02823351 2 Invoice PAGERS 9/14 08/31/2014 09/23/2014 8.12 914 605.56.09.21.5607 Total SPOK:16.24 ST. FRANCIS POLICE DEPT ST92314 1 Invoice BOND/RUDOLFO SANCHEZ 09/10/2014 09/23/2014 114.00 914 100.01.08.00.4269 Total ST. FRANCIS POLICE DEPT:114.00 STAPLES ADVANTAGE INC 3240009616 1 Invoice GENERAL OFFICE SUPPLIES 08/20/2014 09/23/2014 27.90 914 100.01.06.00.5701 3240009617 1 Invoice GEN OFFICE SUPPLIES 08/20/2014 09/23/2014 26.96 914 100.01.06.00.5701 Total STAPLES ADVANTAGE INC:54.86 STREICHER'S I1112183 1 Invoice BODY ARMOR/LEMANCZY 09/15/2014 09/23/2014 650.00 914 100.02.20.01.5227 Total STREICHER'S:650.00 SWEEP-ALL 20694 1 Invoice SWEEP RDS/PARADE 08/26/2014 09/23/2014 275.00 914 100.04.51.07.5410 Total SWEEP-ALL:275.00 THE UPS STORE #3692 TH92314 1 Invoice SHIPPING 09/03/2014 09/23/2014 21.72 914 215.06.00.00.5704 Total THE UPS STORE #3692:21.72 TIME WARNER CABLE 701507601/923 1 Invoice WAN ETHERNET CONNECTION C 09/17/2014 09/23/2014 180.00 914 100.05.72.01.5506 701507601/923 2 Invoice DEDICATED INTERNET CIRCUIT 09/17/2014 09/23/2014 925.65 914 100.01.14.00.5507 Total TIME WARNER CABLE:1,105.65 TOM DAHLMAN 20967 1 Invoice 50 BALES STRAW 08/01/2014 09/23/2014 200.00 914 100.04.51.04.5744 Total TOM DAHLMAN:200.00 TOSHIBA FINANCIAL SRVS 260950746 1 Invoice COPIER LEASE 08/31/2014 09/23/2014 222.00 914 100.06.18.01.5410 Total TOSHIBA FINANCIAL SRVS:222.00 TRANSUNION RISK & ALTERNATIVE 911431 1 Invoice PERSON SEARCH BILLING 09/01/2014 09/23/2014 22.00 914 100.02.20.01.5722 Total TRANSUNION RISK & ALTERNATIVE:22.00 TRIEBOLD OUTDOOR POWER LLC IC15645 1 Invoice TIRE,WHEEL 08/25/2014 09/23/2014 122.84 914 100.05.72.02.5405 IC15654 1 Invoice ASSY SWITCH 08/26/2014 09/23/2014 118.15 914 100.04.51.07.5405 IC15781 1 Invoice KUBOTA/HOSE 09/08/2014 09/23/2014 269.89 914 100.04.51.07.5405 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 14 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total TRIEBOLD OUTDOOR POWER LLC:510.88 U.S. CELLULAR 51433271 1 Invoice MTHYLY PHONE CHGS/PLAN 09/02/2014 09/23/2014 20.00 914 100.06.18.01.5601 51433271 2 Invoice MTHYLY PHONE CHGS/PD 09/02/2014 09/23/2014 300.00 914 100.02.20.01.5604 51433271 3 Invoice MTHYLY PHONE CHGS/WTR SCA 09/02/2014 09/23/2014 70.00 914 605.56.09.21.5607 51433271 4 Invoice MTHYLY PHONE CHGS/SWR SCA 09/02/2014 09/23/2014 70.00 914 601.61.63.42.5606 51433271 5 Invoice MTHYLY PHONE CHGS/ELEC 09/02/2014 09/23/2014 11.22 914 100.01.03.00.5704 51433271 6 Invoice MTHYLY PHONE CHGS/IS 09/02/2014 09/23/2014 40.00 914 100.01.14.00.5601 51433271 7 Invoice MTHYLY PHONE CHGS/PKS 09/02/2014 09/23/2014 20.00 914 100.05.72.01.5603 51433271 8 Invoice MTHYLY PHONE CHGS/ENG 09/02/2014 09/23/2014 20.00 914 100.04.19.00.5704 51433271 9 Invoice MTHYLY PHONE CHGS/LIB 09/02/2014 09/23/2014 20.00 914 100.05.71.00.5505 51433271 10 Invoice MTHYLY PHONE CHGS/ASSR 09/02/2014 09/23/2014 20.00 914 100.01.04.00.5701 Total U.S. CELLULAR:591.22 USA BLUE BOOK 433034 1 Invoice MCSHANE/ODOR 08/25/2014 09/23/2014 142.35 914 601.61.61.16.5426 443646 1 Invoice CHEMICAL FEED 09/08/2014 09/23/2014 261.07 914 605.53.06.31.5702 Total USA BLUE BOOK:403.42 VILAS CNTY SHERIFF'S DEPT VI92314 1 Invoice BOND/ANDREW HORBINSKI 09/05/2014 09/23/2014 293.50 914 100.01.08.00.4269 Total VILAS CNTY SHERIFF'S DEPT:293.50 VON BRIESEN & ROPER S.C. 190571 1 Invoice ARY FEES/EMPLOYEE ISSUES 09/09/2014 09/23/2014 3,956.00 914 100.01.05.00.5805 Total VON BRIESEN & ROPER S.C.:3,956.00 WAUK CNTY REGISTER OF DEEDS WA92314 1 Invoice SIMIC CONDITIONAL USE GRANT/09/17/2014 09/23/2014 30.00 914 507.00.00.00.2677 WA92314 2 Invoice TUDOR OAKS DEV AGREE/DD#67 09/17/2014 09/23/2014 30.00 914 507.00.00.00.2698 WA92314 3 Invoice FREY CONDITIONAL USE GRANT/09/17/2014 09/23/2014 30.00 914 507.00.00.00.2725 Total WAUK CNTY REGISTER OF DEEDS:90.00 WAUKESHA COUNTY TREASURER 2014-173 1 Invoice PRISONER HOUSING/WARRANTS 09/10/2014 09/23/2014 51.59 914 100.01.08.00.6017 2198052 1 Invoice 2013 TAXES 2198.052/SHARON H 09/12/2014 09/18/2014 315.00 914 001.00.00.00.1005 WA92314 1 Invoice JAIL ASSMT/AUG 09/15/2014 09/23/2014 970.00 914 100.01.08.00.4269 WA92314 2 Invoice DRIVE SURCHG/AUG 09/15/2014 09/23/2014 1,136.00 914 100.01.08.00.4269 WA92314 3 Invoice INTERLOCK SURCHG/AUG 09/15/2014 09/23/2014 57.00 914 100.01.08.00.4269 Total WAUKESHA COUNTY TREASURER:2,529.59 WE ENERGIES 0263-955-013/1 Invoice W13440 JANES/SIGN LT 09/16/2014 09/23/2014 9.95 914 100.04.51.06.5910 1478-266-911/1 Invoice RACINE AVE/SIGN LT 09/16/2014 09/23/2014 15.83 914 100.04.51.06.5910 4277-310/008/1 Invoice W17007 JANES/ST LT 09/16/2014 09/23/2014 147.40 914 100.04.51.06.5910 9026-628301/9 1 Invoice ELEC WELLS, 7,8,12 09/09/2014 09/23/2014 868.19 914 605.52.06.22.5910 Total WE ENERGIES:1,041.37 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 15 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number WEST ALLIS POLICE DEPARTMENT WE92314 1 Invoice BOND/EMILY AGUILAR 09/15/2014 09/23/2014 149.00 914 100.01.08.00.4269 Total WEST ALLIS POLICE DEPARTMENT:149.00 WESTERN CULVERT & SUPPLY INC 046588 1 Invoice TEES, ELBOWS, BANDS 08/27/2014 09/23/2014 998.50 914 100.04.51.04.5745 046654 1 Invoice TEES & ELBOWS 09/08/2014 09/23/2014 420.00 914 100.04.51.04.5745 Total WESTERN CULVERT & SUPPLY INC:1,418.50 WEX BANK 38081693 1 Invoice TIRE REPAIR 09/06/2014 09/23/2014 25.00 914 100.02.20.01.5405 Total WEX BANK:25.00 WI STATE LAB OF HYGIENE 7000646-3772 1 Invoice WATER TESTING 09/10/2014 09/23/2014 281.92 914 215.06.00.00.5704 WI92314 1 Invoice SAMPLE/TESTING 09/10/2014 09/23/2014 3,783.00 914 605.56.09.23.5865 Total WI STATE LAB OF HYGIENE:4,064.92 WIND LAKE AUTO PARTS INC. 1975/92314 1 Invoice LEAF SUCKER,STRIPPER PARTS 08/30/2014 09/23/2014 485.72 914 100.04.51.07.5405 1975/92314 2 Invoice LIFT SUPPORT SWITCH WIRE/#27 08/30/2014 09/23/2014 35.14 914 601.61.61.16.5411 1975/92314 3 Invoice LIFT SUPPORT SWITCH WIRE/#27 08/30/2014 09/23/2014 35.13 914 605.56.09.33.5735 Total WIND LAKE AUTO PARTS INC.:555.99 WIS DEPT OF ADMIN WI/92314 1 Invoice COURT FEES/AUG 09/15/2014 09/23/2014 6,393.92 914 100.01.08.00.4269 Total WIS DEPT OF ADMIN:6,393.92 WIS DEPT OF JUSTICE G2451/92314 1 Invoice RECORD CKS 09/02/2014 09/23/2014 7.00 914 100.05.72.13.6002 L6806T/92314 1 Invoice RECORD NAME SEARCHES 09/02/2014 09/23/2014 119.00 914 100.01.06.00.6002 Total WIS DEPT OF JUSTICE:126.00 WIS DEPT OF TRANSPORTATION WI92314 1 Invoice REGISTRATION/2014 TRACS CON 09/18/2014 09/23/2014 35.00 914 100.01.14.00.5303 Total WIS DEPT OF TRANSPORTATION:35.00 WIS TAXPAYERS ALLIANCE 118209 1 Invoice PRINT MTLS 05/12/2014 09/23/2014 21.95 914 100.05.71.01.5711 Total WIS TAXPAYERS ALLIANCE:21.95 WPRA WP092314 1 Invoice SUMMER TICKET PROGRAM 09/05/2014 09/11/2014 16,574.25 914 263.05.00.00.6035 Total WPRA:16,574.25 Grand Totals: 382,557.43 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 16 Report dates: 9/11/2014-9/23/2014 Sep 19, 2014 11:19AM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments" CITY OF MUSKEGO Staff Report to Council September 23, 2014 Meeting To: Common Council From: Jeff Muenkel, AICP Subject: Resolution regarding Chase Victor Holdings, LLC Developer’s Agreement Date: September 16, 2014 The staff supplement and the resolution for the Chase Victor Holdings, LLC Developer’s Agreement can be found in the Alderman’s official mailboxes as this info is closed session material for the meeting of September 23, 2014.