CCR1985149RESOLUTION 11149-85
DIRECTING THE CITY ATTORNEY
TO DRAFT ORDINANCE~-TO AMEND CHAPTER 17, SECTION 9.08(7) C
(OLR LAKE RECREATION DISTRICT) OF THE ZONING ORDINANCE
(Multifamily Use)
WHEREAS, a change in the Zoning Text has been pro osed by the
Common Council to amend Chapter 17 Section 9.08(7 P C (OLR Lake
Recreation District)of the Zoning Ordinance to include No. 4.
Multifamily Use with a Conditional Use Grant, and
WHEREAS, the necessary public hearing has been held, and
WHEREAS, the Plan Commission has defeated a resolution
recommending approval.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, does hereby approve directing the City Attorney
Lake Recreation District) of the Zoning Ordinance to include No.
to draft an ordinance to amend Chapter 17, Section 9.08(7) C (OLR
4. Multifamily Use with a Conditional Use Grant.
ATTEST :
City Clerk
7/85
state of Wisconsin
Deuartment of Natural Resources
Box 7921
Madison, Wisconsin 53707
RECREATION AIDS AGREEMENT
OR PROJECT AGREEMENT
Form 8700-65 Rev. 8-84
Sponsor Project Number
Citv of Muskeao SUWP-3
Project Title
Jewel Creek Stabilization
Period Covered by This Agreement Name of Program
Date of approval through June 30, 1986
Project Scope and Description of Project
Scenic Urban Waterways
The City of Muskego will improve Jewel Creek between College Avenue and Gold Drive
located in Waukesha County, Wisconsin.
The development will consist of stream bank stabilization to improve water quality as
further detailed on the attached 8700-14
Project Cost:
Total Cost $ 40,000
Fund Support 8o %
a State Aid Amount $ 323000
Sponsor Share $ 8,000 . The following dmments are hereby
incorporated into and made part of this agreement:
1. Chapter NR 50. Wis. Administrative Code
2. Recreation Aids Application
3. 8700-14
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The State of Wlsconsln Department of Natural Resources (Deparhnent) and the Sponsor mutually agree to
perform this agreement In accordance wlth the (Name of Pmgran) Scenic Urban wate
and with the proJect proposal, applicatlon, terms, pmmlses, CondltlonS, plans, ~pecl+i%?%~,
estimates. procedures, maps and assurances attached hereto and made a part hereof.
The Department hereby Pmlses, In conslderatlon of the covenants and agreements made by the Sponsor
herein, to obligate to the Sponsor the amount of $32,000 , and to tender to the Sponsor that
portlon of the obligation which Is requlred to pay the Department's share of the costs based upon
the 80 percentage Of assistance. The Sponsor hereby pmises, In conslderatlon of the
pm'lses made by the Department hereln, to execute the proJect described herein in accordance with thls
agreement.
The Sponsor agrees to CCmply with all applicable Wlsconsln Statutes and Wlsconsln Mmlnlstrative Codes
ln fulfTlling terms of this agreement. In particular, the Sponsor agrees to caply with the provlslons
of Chapter NR 50, Wisconsin Adminlstratim Code or the Motorcycle Recreation Progran Chapter NR 65,
whichever Is appropriate.
against any employee or applicant for employment because of age. race, rellgion. color, handicap, sex,
In connectlon wlth the perfomance of work under this agreement, the Sponsor agrees not to dlscrlmlnate
origin. Thls provlslon shall Include. but not be llmited to, the following: employment, upgrading,
physical condltlon, developmental dlsablllty as defined In S. 51.01(5), sexual orlentatlon or national
demotion or transfer; recrultment or recrultment advertising; layoff or termlnatlon; rates of pay or
other forms of compensation; and selection for tralnlng. lncludlng apprenticeshlp. Except with respect
to sexual orientation, the Sponsor further agrees to take afflrmatlve actlon to ensure equal employment
opportunltles. The Sponsor agrees to post in consplcuous places, available for employees and applicants
for employment, notlces to be provlded by the contractlng officer setting forth the provisions of the
nondlscrlmlnatlon clause.
The Department agrees that the Sponsor shall have sole control of the method, hours worked, and tlme and
manner of any performance under thls agreement other than as specifically provlded herein. The
Department reserves the right only to inspect the Job site or premlses for the sole purpose of insurin
that the perfotmance Is progresslng or has been canpleted in cmpliance wlth the agreement. The
Department takes no responslbllity for supervlsion or directlon of the performance of the agreement to
be performed by the Sponsor or the Sponsor's employees or agents. The Sponsor Is an Independent
Contractor for a11 purposes, not an employee or agent of the Department. The Department further agrees
that it wlll exerclse no control over the selectlon and dlsmlssal of the Sponsor's employees or agents.
agreement and prevlous cmunicatlons or agreements pertalning to the subJect matter of thls agrement Thls agreement, together wlth any referenced parts and attachments, shall constltute the entire
are hereby superseded. Any contractual revisions, including cost adJustments, must be made by an
amendment to this agrement or other written documentation, slgned by both partles, prior to the
termlnation date of the agreement. Time extensions to the agreement may be granted to the Sponsor by
the Department in writlng without the requirement of Sponsor signature.
The Sponsor may rescind thls a reement In wrlting at any time prior to the startlng of the proJect and
before expendlng any funds. Ajter the proJect has been started or funds expended, this agreement may be
rescinded, modifled. or amended only by mutual agreement in writing.
Fallure by the Sponsor to caply wlth the terms of this agreement shall not cause the suspenslon of all
obligations of the State hereunder if, in the Judgment of the Secretary, such fallure was due to no
obllgations properly incurred shall be eligible for assistance under this agreement.
fault of the Sponror. In such case, any amount required to settle at mlnlmum costs any lrrewcable
Agreements estimated to be for ten thousand dollars ($10,000) or more requlre the submisslon of a
Department withln 15 buslness days after thls agreement beglns If an acceptable plan is not already On
wrltten afflrmatlve action plan. The Sponsor agrees to submit an afflrmatlve action plan to the
flle with the State of Wlsconsln. Sponsors wlth an annual work force of 1855 than ten employees ant
exempted fm thls requirement.
employees and agents, agalnst any and all liability clalms, costs of whatever kind and nature, for
The Sponsor agrees to save, keep harmless, defend and indemnify the Department and all its officers,
inJury to or death of any person or persons, and for loss or damage to any property (state or other)
occurrlng in connectlon wlth or In any way lncldent to or arislng out of the occupancy, use, serVlCe,
agents or representatives.
operation or performance of work in connection with thls agreement or misslons of Sponsor's employees,
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I I. The Sponsor agrees to relmburse the Department for any and all funds the Department deems appmprlate In
the event the Sponsor falls to cmply wlth the condltlons of thls agreement or pmJect proposal as
descrlbed. or falls to pmvlde public beneflts as Indlcated In the proJect appllcatlon, proposal
dexrlptlon or thls agreement. In addltlon, should the Sponsor fall to comply wlth the condltlons of
thls agrement, fall to pmgress due to nonappmprlatlon of funds, or fall to progress wlth or cmplete
the proJect to the satlsfactlon of the Department, all obllgatlons of the Department under thls
agreement may be termlnated. lncludlng further proJect cost payment.
12. The fol lowlng specla1 pmJect terms and condltlons were added to thls agreement before It was slgned by
the partles hereto:
~11 necessary state agency permits and/or approvals must be obtained Prior to
initiation of any construction.
Easements from all landowners within the project area must be obtained and Properly
recorded prior to construction.
The person slgnlng for the Sponsor represents both personally and as an agent of hls or her prlnclpal that
he or she Is authorlzed to execute thls agreement and blnd hls or her prlnclpal, eltbr by a duly adopted
resolutlon or otherwlse.
STATE OF WISCCNSIN
DEPARTMmT OF NATURK RESOURCES
SWNSOR FCR THE jECRETARY
0
Gloria L. McCutcheon
BY BY District Director
(lltlel I I ItleJ
3084 I