PSCM20001002• PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD ON MONDAY, OCTOBER 2, 2000
The meeting was called to order at 7:07 PM by Chairman Patrick Patterson.
Present was Committee Member Alderman Chuck Wichgers. Also present were
City Engineering/Bldg. Inspection Director McMullen, Public Works Supt. Delikat,
and attached list of attendees. Alderman Le Doux and Chief John Johnson were
excused
Ald. Patterson noted the meeting was posted on September 29, 2000 in
accordance with the Open Meeting Law.
REVIEW OF MINUTES OF PREVIOUS MEETING: The Committee reviewed
the minutes of the September 5, 2000 meeting. Ald. Wichgers moved to approve
the minutes as presented, seconded by Ald. Patterson. Motion carried 2-0
OLD BUSINESS:
Update on Status of Condemnations/Citations- Parkland Mall Demolition
Permit — Mr Art Dyer, Mr Don Pionek, Attorney Richard Frederick and the City's
• Attorney, James Baxter III, were present to discuss the demolition permit for
Parkland Mall. The committee discussed if the demolition permit issued to Mr
Dyer was valid. Mr Dyer stated that the demolition permit, which he believed to
be valid, was issued before additional policies were added to the razing
ordinance. One of the policies added is the size structural fill needs to be broken
down to. Director McMullen stated there is letter in the files at City Hall that
revokes the permit due to error
Aid. Patterson moved to agree with staff recommendation that there is not
a valid razing permit based on a letter in the building files. Motion failed for
lack of a second.
This item was tabled to allow Mr Dyer to go to Parkland Mall and measure one
of the bricks.
Upon returning to discussion the results of the brick at Parkland Mall measured
12 inches. Both parties came to an agreement. See attached Settlement
Agreement.
Aid. Wichgers moved to accept the changes to the Settlement Agreement.
Seconded by Aid. Patterson. Motion carried 2-0.
Update on Existing Forms and Ordinances — Nothing to report. No further
• forms brought forward.
Public Services Committee Page 2
October 2, 2000
• Status of Recycling/Refuse — Public Works Supt. Wayne Delikat reported to
the committee that the Refuse and Recycling companies reviewed the
information on drop off locations. They made minor changes and approved.
Ald. Patterson asked that this information be placed on the City's website and
forwarded in writing to Parks and Recreation Director Craig Anderson to be
placed on the cable scroll.
Supt. Delikat reported the following garbage and recycling complaints for August:
Recycling pickup missed - 2
Garbage pickup missed - 17
Status of Cable TV Emergency Broadcasting — Nothing to report. Ald.
Patterson will check with the Attorney on the status. Deferred to next month
pending information from Attorney.
Review of Existing Landfill Expansions —Nothing to report.
Further review of Digital Access Ordinance — Personal Appearance Mr.
Robert Chernow. Due to time Mr Robert Chernow, Chairman of the Regional
• Telecommunication Commission, excused himself from the meeting. Brian
Nemoir was present to represent Digital Access Corporation of Wisconsin. Also
present was Alderman Slocomb. Mr Nemior gave a brief explanation of what
Digital Access would do for the community. Digital Access would allow cable
television including on demand video, local and long distance telephone service
and high-speed internet service in one pipe. He also stated this would be given
at a competitive price. The committee discussed changes to the Cable
Ordinance and also the Cable Television Franchise Agreement. Aid. Wichgers
moved to send to Council. Aid. Patterson seconded. Motion carried 2-0.
New Business:
Review reauest for "No Parkina signs on Crowbar Road at Denoon Park -
The committee discussed "No Parking" signs on Crowbar Road at Denoon Park.
Aid. Patterson moved to make both sides of Crowbar Road at Denoon Park
between the two driveways "No Parking". Ald. Wichgers seconded.
Motion carried 2-0.
40
Public Services Committee
October 2, 2000
Page 3
• (On 10/10/2000, the Common Council removed the following paragraph
regarding the request for "Horse Crossing" signs and sent the issue back
to the Committee for review on 11/6/2000.)
Review request for "Horse Crossing" signs — east of Crowbar- The
committee discussed request for "Horse Crossing" signs east of Crowbar Road.
Supt. Delikat recommended using "Caution Vehicles Entering Highway" instead
of "Horse Crossing" signs. The committee agreed.
COMMUNCIATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW:
None.
ADJOURNMENT:
Being no further business to discuss, Ald. Patterson moved to adjourn the
meeting, seconded by Chairman Patterson. Carried by all and meeting
adjourned at 10:58 PM.
Respectfully Submitted,
• Kellie Renk
Recording Secretary
OCT 06 2000 14 24 FR QURRLESURFIDY LLP 30N414 277 5374 TO 12625795614 P.02"Oe
• SETTLEMENT AGREEMENT
This Settlement Agreement (this "Agreement") is entered into by and between Parkland
Venture LLC ("Parkland"), Go AD Enterprises, 7011 Settlers Avenue, Wind Lake, Wisconsin
53185, and Arthur D. Dyer, who resides at 7011 Settlers Avenue, Wind Lake, Wisconsin 53185
("Dyer"), and the City of Muskego, whose offices are located at Wi 82 S8200 Racine Avenue,
Muskego, Wisconsin (the "City"), as of this _ day of , 2000.
WHEREAS, Parkland owns the real property located at S74 W 17000 Janesville Road,
Muskego, Wisconsin, Tax Key Parcel No. MSKC 2198.98, (the "Property"), on which the
remains of the former Parkland Mall (the "Mall") are situated,
WHEREAS, the Mall building has been vacant since January 1999 and has been partially
• demolished by Parkland;
WHEREAS, the City wants Parkland promptly to completethe demolition of the
remaining structures of the Mall building and the restoration of the Property to a condition
suitable for redevelopment (for the purposes of this Agreement "suitable for redevelopment"
shall mean that all combustible materials shall be removed from the site, that the concrete block,
mortar, water reservoir structure and concrete flooring shall be broken into small pieces, that the
foundations of the exterior walls shall be removed to a depth of at least 24" and broken into small
pieces, that all basement walls and footings shall be removed and broken into small pieces, that
individual 12" bricks shall be the largest pieces permitted in the rubble remaining on -site, that all
asbestos materials shall be removed and hauled away to a legally licensed landfill, and that the
• building pad area shall be reasonably leveled after demolition).
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WHEREAS, Parkland and the City disagree over various matters relating to the timing
and related terms and conditions of completion of demolition of the remaining structures of the
Mall building and the restoration of the Property, and each has contemplated litigation to resolve
their differences;
WHEREAS, Parkland and the City mutually desire to compromise and settle their
disputes regarding the completion of demolition of the remaining structures of the Mall buildin;
and the restoration of the Property;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged by each of the parties, Parkland, Dyer and the City hereby agree
as follows
1 Parkland and Dyer hereby each waives any claim that it or he may have that the
demolition permit issued to it or him by the City on or about January 20. 1999 is effective until
January 20, 2001 or any other date after the date of this Agreement and each hereby waives any
nght to initiate, and each agrees not to initiate, any litigation or any other proceeding against the
City or any City departments, agencies or officials to challenge the decision of the Deputy City
Building Director, stated in a letter to Dyer or Parkland dated September 1, 1999, that such
demolition permit would expire on June 20, 2000.
2. The City shall issue to Parkland a demolition permit dated as of June 30, 2000,
the form of which is attached hereto as Exhibit 1 and incorporated herein by reference, which
shall expire on December 31, 2000.
3. At Parkland's sole cost, Parkland shall commence the demolition of the remaining
• structures of the Mall building in a substantial fashion on or before October 16, 2000, and shall
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• thereafter diligently proceed to complete the demolition of such structures and the restoration of
the Property to a condition suitable for redevelopment without significant pause and as rapidly as
is reasonably practicable, and shall, not later than December 31. 2000, complete such demolition
and restore the Property to a condition suitable for redevelopment, to the satisfaction of the City
Building Director. The City Building Director's satisfaction with the demolition and restoration
of the Property to a condition suitable for development shall not be unreasonably withheld or
conditioned, and nothing in this Agreement shall be construed as prohibiting Parkland from
litigating or otherwise challenging any withholding or conditioning of the City Building
Director's satisfaction with the demolition or restoration of the Property which Parkland believes
is unreasonable .
• 4. in the event that Parkland fails, for any reason whatsoever, to commence
demolition of the remaining structures of the Mall building in a substantial fashion on or before.
October 16, 2000, or to proceed diligently and without significant pause to complete such
demolition and the restoration of the Property to a condition suitable for redevelopment as
rapidly as is reasonably practicable, or to complete such demolition and such restoration to the
satisfaction of the City Building Director on or before December 31, 2000, the City Building
Director or the City Common Council may immediately issue a razing order pursuant to Section
66.05 of the Wisconsin Statutes, the form of which is attached hereto as Exhibit 2, and which is
incorporated herein by reference (the "Razing Order"). Upon issuance of the Razing Order, and
upon the award of a contract or contracts to complete the demolition of the remaining structures
of the Mall building and/or to restore the Property to a condition suitable for redevelopment after
• competitively bidding the project(s) in accordance with paragraph 6 of this Agreement, the City
Qa,1tKLW24467.3
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• may immediately commence work on such demolition and/or restoration project(s).
5. Parkland hereby waives any service or notice of the Razing Order required by
Section 66.05 of the Wisconsin Statutes, and hereby waives any right to litigate or otherwise
challenge the Razing Order or its issuance on any grounds whatsoever, and hereby agrees that
Parkland shall not litigate or challenge the Razing Order or its issuance on any grounds
whatsoever Notwithstanding the foregoing waiver of statutory notice, the City shall promptly
mail a copy of the Razing Order to Dyer's attorney, Richard A. Frederick, 1840 North Farwell
Avenue, Milwaukee, Wisconsin 53202 by first-class mail.
6. In the event the City Common Council or the City Building Director issues the
Razing Order pursuant to paragraph 4 of this Agreement, and the City undertakes any demolition
• or restoration projects pursuant thereto, the City shall competitively bid any such demolition
and/or restoration project(s) in accordance with the requirements of Section 62.15 of the
Wisconsin Statutes, whether or not such statute is strictly applicable.
In the event the City issues a Razing Order pursuant to paragraph 4 of this
Agreement and proceeds to incur any expenses in connection with any project(s) to complete the
demolition of the remaining structures of the 'Mall building a» dlor to restore the Property to a
condition suitable for redevelopment, the City may, in addition to all other available remedies,
charge the full project costs to the Property as a special charge pursuant to Wis. Stats. §
66.6006). Parkland hereby waives any notice or hearing of any such special charge, and waives
any right to litigate or otherwise challenge such special charge on any grounds whatsoever, and
agrees that it shall not litigate or otherwise challenge such special charge on any grounds
. whatsoever, provided that the demolition and/or restoration project was competitively bid in
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OCT 06 2000 14 27 FR OURRLESURHDY LLP 3ON414 277 5374 TO 12626795E14 P.06/0O
• compliance with the requirements of Section 62.15 of the Wisconsin Statutes pursuant to
paragraph 6 of this Agreement.
8. This Agreement shall be construed as a covenant running with the land
constituting the Property, the legal description of which is set out on the attached Fxhibit 3,
which is incorporated herein by reference, and shall be binding on Parkland and the City and
their respective successors, assigns, heirs, executors and personal representatives, and shall be
enforceable by the City or the City Building Director.
9. Parkland and Dyer each represent and warrant to the City that Parkland is the sole
fee simple owner of the Property.
10. Dyer represents and warrants to the City that he is duly authorized to act on behalf
• of Parkland in connection with this Agreement and to bind Parkland to this Agreement.
11 This Agreement is the complete agreement of the parties with respect to the
matters dealt with herein, and no oral or written agreements, promises or representations leading
up to this Agreement shall have any force or effect.
12. This Agreement shall be interpreted as though jointly drafted by Parkland, Dyer
and the City.
13. This Agreement shall be executed in three duplicate originals, one for each party,
and may be recorded by any parry.
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•
•
PARKLAND VENTURE LLC
By:
Arthur D. Dyer, Member
ARTHUR D. DYER
CITY OF MUSKEGO
Attest
STATE OF WISCONSIN )
)SS
COUNTY )
David L. DeAngelis, Mayor
Jean Marenda, Clerk
The foregoing Agreement was acknowledged before me this _ day of
2000, by Arthur D. Dyer as duly authorized member of Parkland Venture LLC.
Qawctw62u67.3
3
Notary Public, State of Wisconsin
My commission expires:
- "- •coco I.1'0', r oo: c-o
• STATE OF WISCONSIN )
) SS
COUNTY )
The foregoing Agreement was acknowledged before me this _ day of
2000, by Arthur D. Dyer
Notary Public, State of Wisconsin
My commission expires:
STATE OF WISCONSIN )
) SS
WAUKESHA COUNTY )
The foregoing Agreement was acknowledged before me this _ day of
2000, by David L. De Angelis and Jean Marenda, as Mayor and Clerk of the City of Muskego,
respectively.
• Notary Public, State of Wisconsin
My commission expires:
This Agreement was drafted
by James H. Baxter III
of Quarles & Brady LLP
411 East Wisconsin Avenue
Milwaukee, WI 53202
Qe.WCEu62a 67.3 7