compliance maintenance annual report

Transcription

CITY OF DELAFIELD
(262) 646-6220
BOARD OF REVIEW AGENDA
NOTICE OF MEETING TO ADJOURN
BOARD OF REVIEW TO A LATER DATE
Monday, June 3, 2013
6:55 p.m.
**CITY HALL COMMON COUNCIL CHAMBERS**
500 Genesee Street, Delafield, WI 53018
NOTICE IS HEREBY GIVEN that the BOARD OF REVIEW for the City of
Delafield will meet in the Common Council Chambers of City Hall, 500 Genesee
Street, Delafield, Wisconsin, Waukesha County, Monday, June 3, 2013 at 6:55
p.m. for the purpose of calling the Board of Review into session during the 30
day period beginning on the 2nd Monday of May, pursuant to Wis. Statutes Sec.
70.47 (1).
Due to the fact that the Assessment Roll is not completed at this time, it is
anticipated that the Board of Review will be adjourned until Wednesday, July 24,
2013.
Given this 25th day of April, 2013.
Gina C. Gresch, MMC/WCPC
City of Delafield Clerk-Treasurer
Waukesha County
Posted at the following places on April 26, 2013
• City Hall Front Door
• City Hall Public Notice Board
• Town Bank & Waukesha State Bank
• Delafield Post Office
CITY OF DELAFIELD
(262) 646-6220
Common Council Meeting Agenda
Monday, June 3, 2013
6:30 p.m. ~ Closed Session
7:00 p.m. ~ Common Council
**NOTE THE TIME CHANGE FOR CLOSED SESSION**
**CITY HALL COMMON COUNCIL CHAMBERS**
500 Genesee Street, Delafield, WI 53018
Call Common Council Meeting to Order.
Pledge of Allegiance.
Roll Call.
Announcement of Closed Session.
Motion to convene into Closed Session per §19.85(1)(g) conferring 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 to discuss the pending property tax
litigation and claim brought by the following applicant/property owner, Target for years 2010, 2011, 2012 and
2013.
Motion to reconvene into Open Session.
SPECIAL ORDER OF BUSINESS:
A. Discussion and action on items discussed in Closed Session, to settle pending property tax
litigation and claims brought by the following applicant/property owner, Target for years 2010,
2011 and 2012.
1.
Approve minutes of May 20, 2013 Common Council meeting.
2.
City of Delafield Citizen's Comments for items not on the agenda.
City of Delafield Citizen's Comments for items on the agenda.
Items listed under the Consent Agenda are considered in one motion unless a Common Council Member
requests that an item be removed from the Consent Agenda.
3.
Consent Agenda
a.
Resolution 2013-07, Resolution of the City Council of the City of Delafield Regarding the 2012
Compliance Maintenance Annual Report Submittal to the Wisconsin Department of Natural
Resources for the City’s Wastewater Collection System
4.
Committee Reports - Report on discussion and action taken at previous meetings, future agenda items
and upcoming scheduled meetings.
a.
Licenses
1.
Approved and Issued Operator’s Licenses
2.
Class “B” Beer “Class B” Liquor Licenses to expire June 30, 2014
a.
1704 Partners, Inc., Fishbone’s Cajun & Creole Restaurant, 1704 Milwaukee
Street, Delafield; Jesse Souza, Agent
b.
629 Partners, Inc., Zin-Uncommon California Italian Restaurant, 629 Main Street,
Delafield, Dennis Sobczak, Agent
c.
CMJS Enterprises, LLC, Mazatlan Restaurante, 601 Milwaukee Street, Delafield;
Cesar Soto Deanda, Agent
Common Council Agenda - Monday, June 3, 2013
Page 2
Class “B” Beer “Class B” Liquor Licenses to expire June 30, 2014 (cont’d…)
d.
Kurt’s Steak House, Inc., 22 Main Street, Delafield, Kurt Boris Amidzich, Jr.,
Agent
e.
Apple Hospitality Group, LLC, Applebee’s Neighborhood Grill & Bar, 3100 Golf
Road, Delafield, Scott Huss, Agent
f.
Emperor’s Kitchen Inc., Emperor’s Kitchen, 3149 Golf Road, Delafield, Charles
Q. Yee, Agent
g.
616 Hospitality Group, LLC, The Delafield Hotel/Andrew’s, 415 Genesee Street,
Delafield; Gary Fox, Agent
h.
Raul Perez, S37 W22211 Crestview Drive, Waukesha; El Corita, Inc; Lumber
Inn, 617 Wells Street, Delafield WI, Raul Perez, Agent
i.
Ackasone (Lam) Virasith, Pacific Bistro, LLC, Pacific Bistro, 3215 Hillside Drive,
Delafield; LamVirasith, Agent
j.
Apron Annie’s Enterprises, LLC, Back Street Café, 2566 Sun Valley Drive,
Delafield; Joseph Laatsch, Agent
k.
Delafield American Legion Post 196, 333 Lapham Peak Road, Delafield; Andrew
Rosch, Agent
l.
Tony & Mia’s, Inc., 515 Wells Street, Delafield; Randall Lee Piering, Agent
m.
Joe Armeli, JAMMA5 Inc., Joe Armeli’s Meat ‘n Place, 621 Milwaukee Street, Joe
Armeli, Agent
3.
Class “B” Beer “Class B” Liquor Licenses to expire June 30, 2014 – Exemptions (300
Seat Restaurants)
a.
Weissgerber's Seven Seas, Inc., Weissgerber’s Seven Seas, 1807 Nagawicka
Road,Hartland; Jacob Weissgerber, Agent.
b.
WSB-Lake Country, Inc., Water Street Brewery, 3191 Golf Road, Delafield;
Robert C. Schmidt, Jr., Agent
c.
Delafield Brewhaus, LLC, Delafield Brewhaus, 3832 Hillside Drive, Delafield; Eric
Dean Knutson, Agent
d.
CMC Hospitality, Inc, Revere’s Wells Street Tavern, 505 Wells Street, Delafield;
Michael Szohr, Agent
4.
Class “B” Beer “Class C” Wine Licenses to expire June 30, 2014
a.
Marty's Delafield, Inc., Marty's Pizza, 2580 Sun Valley Drive, Delafield; Richard
Flath, Agent.
b.
The Noodle Shop Co.-Colorado, Inc., 520 Zang Street, Broomfield, Co., Noodles
& Company, 3260 Golf Road, Suite 200, Delafield; Lindsay Wooten, Agent
c.
MST Acquisition, Inc.; d/b/a Milwaukee Street Traders, 523 Milwaukee Street,
Delafield; Michele Mireau, Agent
5.
Class “A” Beer “Class A” Liquor Licenses to expire June 30, 2014
a.
Albrecht Foods, Inc., Sentry Foods, 3255 Golf Road, Delafield, Tom Backhaus,
Agent
b.
JOHO, Inc, Daybreak Mobil, 622 Genesee Street, Delafield; Jamie Lynn
O’Marrah, Agent
c.
PDQ Food Stores, Inc., P.O. Box 620997, Middleton, WI, PDQ Store #330, 2694
Sun Valley Drive, Delafield; Ken Kysely, Agent
d.
Ultra Mart Foods, LLC, PO Box 473, MS2650, Milwaukee WI, Pick’n Save #6398,
3161 Village Square Drive, Hartland; Andrew T. Ware, Agent
e.
Wal-Mart Stores East, LP, 702 SW 8th St, Bentonville, AR, Wal-Mart
Supercenter #1678, 2863 Heritage Drive, Delafield; James Hanson, Agent
f.
Target Corporation, Target Store T-0864, 2553 Sun Valley Drive, Delafield;
Corrine Lee Kindred, Agent
g.
Walgreen Co., Walgreen’s #05281, 2901 Golf Road, Delafield; Karen Hegarty,
Agent
h.
Nuernberger, Gary Allen, W337 N6759 Stonefield Way, Oconomowoc,
Owner/Agent; Delafield Convenience, 705 Genesee Street.
Page 3
6.
Class “A” Beer Licenses to expire June 30, 2014
a.
7-Eleven, Inc., 7-Eleven 35839H, 2675 Sun Valley Drive, Delafield, Eleri
Baecker, Agent
7.
Class “B” Beer Licenses to expire June 30, 2014
a.
Angel Fire Enterprises, Inc., Lake Country Cigars, 2566 Sun Valley Drive,
Delafield; Donald A. Kane, Agent
b.
PH Hospitality Group, LLC, 10930 West Potter Road, Wauwatosa; Pizza Hut,
2736 Hillside Drive, Delafield; Tammie Schenk, Agent
c.
Nagawicka Lake Yacht Club, 1131 Mariner Drive, Hartland; Thomas W.
Hoffmann, Agent
d.
Delafield Arts Center, Inc., Delafield Arts Center, 527 Milwaukee Street,
Delafield; Tom Aul, Agent
8.
Reserve “Class B” Liquor Licenses to expire June 30, 2014
a.
LaQuesadilla Co.,Hispania, 627 Genesee Street, Natalia Elisa Aramoni
Rodriguez, Agent
b.
Plan Commission – (Minutes of May 29, 2013)
1.
Discussion and action on recommendation from Plan Commission to approve the rezone
of the properties from R-3 PUD to R-4 PUD and the Conditional Use Planned Unit
Development amendment to convert 20 single family condominiums to 21 fee simple lots
with common open space, approve front setback changes from 35 feet to 25 feet,
approve side-load garages front setback from 35 feet to 14 feet and return to plan
commission with SIP docs as described in the Planner’s Staff Report for DELC(S)
0797.979.005 – 0797.979.024, Sanctuary Lane, Delafield. Owner: Commerce State
Bank. Applicant: Miller Marriott Custom Homes, LLC.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
Lake Welfare Committee
Park and Recreation Commission
Public Works Committee
Del-Hart Commission
Police Commission
Library Board
Board of Zoning
Promotional and Tourism Committee
Lake Country Fire Commission
Lake Country Fire Board
Lake Country Fire & Rescue Department Consolidation Committee
1.
Discussion and possible action regarding the ongoing consolidation meetings and
consideration of recommending the involvement of a consultant to review the proposed
costs and allocation of costs involved with a consolidation.
5.
Unfinished Business
a.
LOMR Update.
1.
Discussion and action regarding the current status of the City’s Appeal.
6.
Mayor’s Report
7.
New Business
a.
Discussion of the negative impacts of future bond ratings as it could possibly affect the
Nagawicka Lake property values.
b.
Discussion and possible action on the Bark River Inlet Dredging Project Plan.
c.
Discussion and action to approve a Sidewalk Easement Agreement between Todd & Nancy
Riley (Grantor) and the City of Delafield (Grantee) for the purpose of installing a public sidewalk
along Milwaukee Street along the property known as DELC 0798.122, 1018 Milwaukee Street.
Page 4
8.
Report of City Officials
a.
Administrator/Public Works Director
1.
2014 Budget Calendar
b
Clerk-Treasurer
1.
Ordinance and Resolution Update
2.
General Updates
c.
Council requests for future agenda items - NO DISCUSSION OF REQUESTED ITEMS.
9.
Financial Report
a.
Discussion and action to approve the Voucher List
10.
Correspondence
a.
Waukesha County Executive June Newsletter.
b.
Letter from St. John's Northwestern Military Academy thanking the City of Delafield for the
sponsorship of their inaugural Delafield Duathlon.
c.
Letter from MS Society regarding the Bike MS: Toyota Best Dam Bike Ride, August 3-4, 2013.
d.
Letter from USDA regarding 2013 Goose Egg Oiling.
11.
Adjournment
Persons requiring an interpreter or other assistance should contact the City Administrative office 72 hours prior to the meeting. Notice is hereby given
that a majority of the Plan Commission, Lake Welfare Committee, Public Works Committee, and/or Library Board may be present at the meeting of the
Common Council scheduled June 3, 2013 to gather information about a subject in which they are interested. This constitutes a meeting of the
PWC/Plan Commission and others pursuant to State ex rel. Badke v. Greendale Village Bd., 173 Ws. 2d553, 494 N.W. 2d 408 (1993), and must be
noticed as such.
Deputy Clerk-Treasurer EO
Posted:
2013-05-31
X City Hall Bulletin Board
X Faxed to Newspapers
X Website
Monday, May 20, 2013
Page 1 of 4
7:00 P.M.
CITY OF DELAFIELD COMMON COUNCIL MINUTES
Call Common Council Meeting to Order
Mayor McAleer called the meeting to order at 7:00 P.M.
Pledge of Allegiance
The Pledge of Allegiance was recited.
Roll Call for the Monday, May 20, 2013 Common Council meeting:
Present
Absent
Ed McAleer, Mayor
Jeff Krickhahn, Ald.
Jim Behrend, Ald.
Jackie Valde, Ald.
Michele DeYoe, Ald.
Gerald MacDougall, Ald.
Lynn Morrison, Ald.
Tim Aicher, Ald.
Tom Hafner, Administrator / Public Works Director
U
U
1.
U
Approve minutes of May 6, 2013 Common Council meeting.
J. KRICKHAHN MOVED TO APPROVE THE MAY 6, 2013 COMMON COUNCIL MEETING MINUTES
AS PRESENTED. L. MORRISON SECONDED THE MOTION. THERE WAS NO FURTHER
DISCUSSION. SIX WERE IN FAVOR. G. MACDOUGALL ABSTAINED. MOTION CARRIED.
2.
City of Delafield Citizen's Comments for items not on the agenda.
City of Delafield Citizen's Comments for items on the agenda.
M. DEYOE MOVED TO CLOSE CITIZEN’S COMMENTS AT 7:01 P.M. G. MACDOUGALL
SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR.
MOTION CARRIED.
Items listed under the Consent Agenda are considered in one motion unless a Common Council Member
requests that an item be removed from the Consent Agenda.
3.
Consent Agenda
Please note that all of the committee and commission minutes are on the City’s website. Items/events
that were not discussed at the committee meeting or have taken place since the last meeting will be
reported below.
4.
Committee Reports - Report on discussion and action taken at previous meetings, future agenda items
and upcoming scheduled meetings.
a.
Licenses
1.
Approved and Issued Operator’s Licenses
It was reported there were seven Operator’s Licenses issued since the last Common
Council meeting.
b.
c.
d.
e.
f.
g.
h.
Plan Commission
Lake Welfare Committee – (Minutes of May 8, 2013)
Park and Recreation Commission
Public Works Committee
Del-Hart Commission
Police Commission
Library Board – (Minutes of May 14, 2013)
Page 2 of 4
7:00 P.M.
i.
j.
k.
l.
m.
Board of Zoning
Promotional and Tourism Committee
Lake Country Fire Commission
Lake Country Fire Board – (Minutes of March 12, 2013, March & April Statistics) Lake Country Fire & Rescue Department Consolidation Committee
G. MacDougall reported the process of consolidation was moving forward. There were a few
transitional adjustments that would need to be made in the future and once that period was
complete money would be saved as a result of the consolidation in the next few years.
5.
Unfinished Business
a.
LOMR Update.
T. Hafner stated submittal plans for the City’s appeal had been provided in the epackets for this
meeting. He was unaware of any private appeals; however, if any resident had an appeal that
should be included in these submittal plans, they should submit them in the next two days. After
that time, they would need to submit an appeal independently and all appeal information was on
the City’s website.
b.
Discussion and action to adopt Resolution 2013-06, A Resolution Determining to Borrow
$1,485,000 and to Issue General Obligation Promissory Notes, Series 2013A, of the City of
Delafield, Waukesha County, Wisconsin, In Such Amount, Providing Details, Prescribing the
Form of Note, Awarding the Notes to the Best Bidder, and Levying Taxes.
Phil Cosson, and Maureen Schiel, of Ehlers & Associates, were present to provide information
about the issuance of general obligation promissory notes and the bidding process undertaken
to do so. A report was distributed and reviewed by P. Cosson regarding the sales results of
these promissory notes. M. Schiel explained the sale was reviewed by Moody’s Investor
Services as was the norm in these matters. Moody’s had given the City of Delafield a “Aa2”
rating, noting favorable strengths and the solid financial position of the City, due to its prudent
management and presence of satisfactory reserve levels. G. MacDougall questioned the
possibility of attaining a higher ranking based on comments received in the report. P. Cosson
explained Moody’s review and rating was based on tax base size and fund balance
comparisons with other communities. This was part of the standard criteria of review by
Moody’s. P. Cosson stated he believed the City was in an appropriate position to move forward.
T. Hafner explained he had discussed this question with the Moody’s analyst and learned that
the City did not have a large enough tax base to support the Aaa rating. M. Schiel went on to
explain the bid process and tabulations in this matter. She noted that because the finance
related expenses were half the amount anticipated, there was additional funds to use across all
funds in the amount of $9,239. This money could be used for any capital project. J. Krickhahn
questioned whether the City was required to borrow the amount advertised. P. Cosson
explained the amount borrowed could be reduced slightly as the notes were sold in $5,000
blocks; however he noted these monies could be utilized for any project in the next three years
and were borrowed at 1.33%. M. Schiel went on to explain the proposed financing plan, noting
the competitive sale profits and interest savings at this time. P. Cosson stated overall it was a
good time to take this action as it would yield a favorable interest rate and provide savings in the
long run.
G. MacDougall thanked P. Cosson and M. Schiel and complimented them on a job well done.
J. Krickhahn questioned the end result of the borrowing as he thought residents might wonder
why the borrowing was required in this amount. G. MacDougall stated that the process would
have to be redone to reduce the borrowing by $5000 at this point. This could impact the interest
rate and more might be lost than gained at this point by putting it out to bid again. P. Cosson
explained the final resolution was before the Council for consideration; however, the change
being discussed could be made if required. J. Krickhahn stated he was in favor of this
resolution, but wanted an explanation for the people viewing the meeting. J. Behrend stated
Page 3 of 4
7:00 P.M.
funds had been pieced together in the past in matters such as this one and there were
additional projects that could utilize the funding in compliance with arbitrage rules.
M. DEYOE MOVED TO ADOPT RESOLUTION 2013-06, A RESOLUTION DETERMINING TO
BORROW $1,485,000 AND TO ISSUE GENERAL OBLIGATION PROMISSORY NOTES,
SERIES 2013A, OF THE CITY OF DELAFIELD, WAUKESHA COUNTY, WISCONSIN, IN
SUCH AMOUNT, PROVIDING DETAILS, PRESCRIBING THE FORM OF NOTE, AWARDING
THE NOTES TO THE BEST BIDDER, AND LEVYING TAXES.
G. MACDOUGALL
SECONDED THE MOTION. MOTION CARRIED BY ROLL CALL VOTE:
J. KRICKHAHN
T. AICHER
J. BEHREND
G. MACDOUGALL
J. VALDE
M. DEYOE
L. MORRISON
6.
AYE
AYE
AYE
AYE
AYE
AYE
AYE
Mayor’s Report
a.
Discussion and action to appoint Kathleen Lahiff Schwade to the Library Board to fill Denise
Labott’s term, to expire April 2016.
J. VALDE MOVED TO APPOINT KATHLEEN LAHIFF SCHWADE TO THE LIBRARY BOARD
TO FILL DENISE LABOTT’S TERM, TO EXPIRE APRIL 2016. J. BEHREND SECONDED
THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION
CARRIED.
E. McAleer welcomed Kathy Schwade to the Library Board and thanked her for being present
and volunteering for this position.
7.
New Business
a.
Discussion and action on the use of accumulated impact fees towards future building debt
service payments and approval of future debt service payment plan.
Marie Williams, City Finance Officer/Budget Analyst, was present regarding this matter. T.
Hafner noted approximately $10,000 of the fees collected would be utilized by the Park and
Rec. Commission and approximately $80 for a County recycling program. M. Williams stated
the fees needed to be used in seven years or be refunded. J. Behrend stated the fees could be
applied to anticipated public improvements as there were projects slated for the future that could
benefit from the fees.
T. AICHER MOVED TO APPROVE THE USE OF ACCUMULATED IMPACT FEES
TOWARDS FUTURE BUILDING DEBT SERVICE PAYMENTS AND APPROVAL OF FUTURE
DEBT SERVICE PAYMENT PLAN. J. KRICKHAHN SECONDED THE MOTION. THERE
WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED.
E. McAleer thanked M. Williams on behalf of the Common Council for her efforts in this matter.
8.
Report of City Officials
a.
Administrator/Public Works Director
T. Hafner noted a timely City-wide brush pick-up was held recently with great success due to
the recent storms. Also, the Department of Public Works welcomed a new employee on April
22, 2013. Relocation of various utilities would begin in June in anticipation of the Milwaukee
Street Improvement project. E. McAleer and T. Hafner met with Village President, Rich Lartz,
since the last meeting regarding the drainage impacts from the Lake Country Estates area. R.
Page 4 of 4
7:00 P.M.
Lartz agreed to meet with members of the Conservancy group to discuss ideas related to
planting a buffer strip or other appropriate crop rotations.
b
c.
Clerk-Treasurer
Council requests for future agenda items - NO DISCUSSION OF REQUESTED ITEMS.
L. Morrison requested a discussion of the negative impacts of future bond ratings as it could
possibly affect the Nagawicka Lake property values be placed on a future Common Council
agenda.
9.
Financial Report
a.
Discussion and action to approve the Voucher List
M. DEYOE MOVED TO APPROVE THE VOUCHER LIST AS PRESENTED. L. MORRISON
SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE IN
FAVOR. MOTION CARRIED.
b.
Discussion and action to approve the April 2013 Treasurer’s Report
J. KRICKHAHN MOVED TO APPROVE THE TREASURER’S REPORT AS PRESENTED. J.
VALDE SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION. ALL WERE
IN FAVOR. MOTION CARRIED.
10.
Correspondence
a.
Waukesha County Monthly Update From County Executive Dan Vrakas
11.
Adjournment
M. DEYOE MOVED TO ADJOURN THE MONDAY, MAY 20, 2013 COMMON COUNCIL MEETING
AT 7:39 P.M. T. AICHER SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION.
ALL WERE IN FAVOR. MOTION CARRIED.
Minutes Prepared By:
Accurate Business Communications, Inc.
500 Genesee Street, Delafield WI 53018
To:
Mayor & Common Council Members
From:
Tom Hafner, City Administrator/Director of Public Works
Date:
May 31, 2013
Subject:
2012 Compliance Maintenance Annual Report (CMAR) Resolution
A 2005 rule revision of Chapter NR 208, Wis. Adm. Code, expanded the Wisconsin Department
of Natural Resources’ CMAR Program requirements to include municipalities such as Delafield
that have satellite sewer collection systems that discharge into a regional wastewater treatment
facility. Prior to 2005, only Del-Hart had been subject to the CMAR requirements and the City
had not been.
The CMAR is a self-evaluation tool that promotes the owner’s awareness and responsibility for
wastewater collection and treatment needs, measures the performance of wastewater
conveyance and treatment works during a calendar year, and assesses its level of compliance
with permit requirements.
Enclosed please find a copy of the City’s CMAR for the 2012 calendar year and proposed
Resolution 2013-07 acknowledging that the Council has reviewed the CMAR. A resolution
acknowledging that the governing body has reviewed the CMAR and identifying
recommendations or an action response plan for all individual CMAR section grades of “C” or
less and/or an overall grade of less than 3.00 is a required element of the CMAR program.
The City of Delafield Sanitary Sewer Utility scored an “A” in the Financial Management section
of the CMAR and an “A” in the Collection Systems section of the CMAR, for a resulting overall
weighted grade point average of 4.00 (the Collection Systems section is weighted 3 times as
heavy as the Financial Management section). With both grades being above a “C” and the
overall grade point average being 3.0 or higher, no action response plan is required from the
City.
I would like to personally acknowledge the efforts of Paul Zellner and Marie Williams in
completing the City’s CMAR reporting requirements.
RESOLUTION NO. 2013-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELAFIELD REGARDING THE 2012
COMPLIANCE MAINTENANCE ANNUAL REPORT SUBMITTAL TO THE WISCONSIN DEPARTMENT OF
NATURAL RESOURCES FOR THE CITY’S WASTEWATER COLLECTION SYSTEM
City of Delafield
Wisconsin Department of Natural Resources
NR 208 – Compliance Maintenance Resolution
2012
WHEREAS, it is a requirement under a Wisconsin Pollutant Discharge Elimination System (WPDES) permit
issued by the Wisconsin Department of Natural Resources to file a Compliance Maintenance Annual Report
(CMAR) for a wastewater collection system under Wisconsin Administrative Code NR 208;
WHEREAS, it is necessary to acknowledge that the governing body has reviewed the Compliance
Maintenance Annual Report (CMAR);
WHEREAS, it is necessary to provide recommendations or an action response plan for all individual CMAR
section grades of “C” or less and/or an overall grade point average < 3.00;
WHEREAS, the City of Delafield’s grade for the Financial Management section of the CMAR is an “A”, the
City’s grade for the Collection Systems section of the CMAR is an “A” and the City’s overall weighted CMAR
grade point average is 4.00.
NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Delafield that the CMAR has
been reviewed as necessary and that no action items are required to correct problems/deficiencies of the City’s
wastewater collection system as identified in the Compliance Maintenance Annual Report (CMAR).
Dated this 3rd day of June, 2013.
CITY OF DELAFIELD
_____________________________
Ed McAleer, Mayor
ATTEST:
___________________________________
Gina C. Gresch, MMC/ WCPC
Waukesha County
COMPLIANCE MAINTENANCE ANNUAL REPORT
Facility Name: Delafield City
Last Updated:
5/15/2013
Reporting Year: 2012
Financial Management
Questions
1.
2.
Points
Person Providing This Financial Information
Name:
Marie Williams
Telephone:
(262) 303-4515
E-Mail Address(optional):
mwilliams@ci.delafield.wi.us
Are User Charge or other Revenues sufficient to cover O&M Expenses for your wastewater
treatment plant AND/OR collection system ?
0
Yes (0 points)
No (40 points)
If No, please explain:
3.
When was the User Charge System or other revenue source(s) last reviewed and/or revised?
Year: 2012
0
0-2 years ago (0 points)
3 or more years ago (20 points)
Not Applicable (Private Facility)
4.
Did you have a special account (e.g., CWFP required segregated Replacement Fund, etc.) or
financial resources available for repairing or replacing equipment for your wastewater treatment
plant and/or collection system?
0
Yes
No (40 points)
REPLACEMENT FUNDS(PUBLIC MUNICIPAL FACILITIES SHALL COMPLETE QUESTION 5)
5.
Equipment Replacement Funds
0
5.1 When was the Equipment Replacement Fund last reviewed and/or revised?
Year: 2012
1-2 years ago (0 points)
3 or more years ago (20 points)
Not Applicable Explain:
5.2 What amount is in your Replacement Fund?
Equipment Replacement Fund Activity
5.2.1 Ending Balance Reported on Last Year's CMAR:
5.2.2 Adjustments
if necessary (e.g., earned interest, audit correction, withdrawal of
excess funds, increase making up previous shortfall, etc.)
5.2.3 Adjusted January 1st Beginning Balance
Page 1 of 10
$296972.18
+
$0.00
$296,972.18
Last Updated:
5/15/2013
Financial Management (Continued)
5.2.4 Additions to Fund (e.g., portion of User Fee, earned interest, etc.)
+
$6,281.67
5.2.5 Subtractions from Fund (e.g., equipment replacement, major repairs
- use description box 5.2.5.1 below*.)
-
$0.00
5.2.6 Ending Balance as of December 31st for CMAR Reporting Year
$303,253.85
(All Sources: This ending balance should include all Equipment Replacement
Funds whether held in a bank account(s), certificate(s) of deposit, etc.)
*5.2.5.1. Indicate adjustments, equipment purchases and/or major repairs from 5.2.5 above
5.3 What amount should be in your replacement
fund?
$244,190.10
(If you had a CWFP loan, this amount was originally based on the Financial Assistance Agreement
(FAA) and should be regularly updated as needed. Further calculation instructions and an example
can be found by clicking the HELP option button.)
5.3.1 Is the Dec. 31 Ending Balance in your Replacement Fund above (#5.2.6) equal to or greater
than the amount that should be in it(#5.3)?
Yes
No Explain:
6.
Future Planning
6.1 During the next ten years, will you be involved in formal planning for upgrading, rehabilitating
or new construction of your treatment facility or collection system?
Yes (If yes, please provide major project information, if not already listed below)
No
Project Description
7.
Estimated Cost Approximate
Construction
Year
Phase #3 of Valley Road Farms Sanitary Sewer Extension
$471912
2015
Geason Development Sanitary Sewer Extension
$764048
2015
Financial Management General Comments:
Total Points Generated
0
Score (100 - Total Points Generated)
100
Section Grade
A
Page 2 of 10
Last Updated:
5/15/2013
Sanitary Sewer Collection Systems
Questions
1.
Do you have a Capacity, Management, Operation & Maintenance(CMOM) requirement in your
WPDES permit?
Yes
No
2.
Did you have a documented (written records/files, computer files, video tapes, etc.) sanitary sewer 0
collection system operation & maintenance or CMOM program last calendar year?
Yes (go to question 3)
No (30 points) (go to question 4)
3.
Check the elements listed below that are included in your Operation and Maintenance (O&M) or
CMOM program.:
Goals: Describe the specific goals you have for your collection system:
Continue annual cleaning and televising program to identify infiltration or pipe
defects. Budget for repairs identifed during the cleaning and televising program.
Organization: Do you have the following written organizational elements (check only
those that you have):
Ownership and governing body description
Organizational chart
Personnel and position descriptions
Internal communication procedures
Public information and education program
Legal Authority: Do you have the legal authority for the following (check only those that
apply):
9-17-2007
Sewer use ordinance Last Revised MM/DD/YYYY
Pretreatment/Industrial control Programs
Fat, Oil and Grease control
Illicit discharges (commercial, industrial)
Private property clear water (sump pumps, roof or foundation drains, etc)
Private lateral inspections/repairs
Service and management agreements
Maintenance Activities: details in Question 4
Design and Performance Provisions: How do you ensure that your sewer system is
designed and constructed properly?
State plumbing code
DNR NR 110 standards
Local municipal code requirements
Construction, inspection and testing
Others:
Page 3 of 10
Points
Last Updated:
5/15/2013
Sanitary Sewer Collection Systems (Continued)
Overflow Emergency Response Plan: Does your emergency response capability
include (check only those that you have):
Alarm system and routine testing
Emergency equipment
Emergency procedures
Communications/Notifications (DNR, Internal, Public, Media etc)
Capacity Assurance: How well do you know your sewer system? Do you have the
following?
Current and up-to-date sewer map
Sewer system plans and specifications
Manhole location map
Lift station pump and wet well capacity information
Lift station O&M manuals
Within your sewer system have you identified the following?
Areas with flat sewers
Areas with surcharging
Areas with bottlenecks or constrictions
Areas with chronic basement backups or SSO's
Areas with excess debris, solids or grease accumulation
Areas with heavy root growth
Areas with excessive infiltration/inflow (I/I)
Sewers with severe defects that affect flow capacity
Adequacy of capacity for new connections
Lift station capacity and/or pumping problems
Annual Self-Auditing of your O&M/CMOM Program to ensure above components are
being implemented, evaluated, and re-prioritized as needed.
Special Studies Last Year(check only if applicable):
Infiltration/Inflow (I/I) Analysis
Sewer System Evaluation Survey (SSES)
Sewer Evaluation and Capacity Managment Plan (SECAP)
Lift Station Evaluation Report
Others:
4.
Did your sanitary sewer collection system maintenance program include the following
maintenance activities? Complete all that apply and indicate the amount maintained:
Cleaning
50
% of system/year
Root Removal
0
% of system/year
Flow Monitoring
75
% of system/year
Smoke Testing
0
% of system/year
Sewer Line Televising
10
% of system/year
Page 4 of 10
Last Updated:
5/15/2013
Manhole Inspections
10
% of system/year
Lift Station O&M
4
# per L.S/year
Manhole Rehabilitation
0
% of manholes rehabed
Mainline Rehabilitation
0
% of sewer lines rehabed
Private Sewer Inspections
0
% of system/year
Private Sewer l/l Removal
0
% of private services
Please include additional comments about your sanitary sewer collection system below:
5.
Provide the following collection system and flow information for the past year:
34.50
Total Actual Amount of Precipitation Last Year
33.90
Annual Average Precipitation (for your location)
37.5
Miles of Sanitary Sewer
21
Number of Lift Stations
0
Number of Lift Station Failure
0
Number of Sewer Pipe Failures
0
Number of Basement Backup Occurrences
0
Number of Complaints
Average Daily Flow in MGD
Peak Monthly Flow in MGD(if available)
Page 5 of 10
Last Updated:
5/15/2013
Peak Hourly Flow in MGD(if available)
Page 6 of 10
Last Updated:
5/15/2013
NUMBER OF SANITARY SEWER OVERFLOWS (SSO) REPORTED (10 POINTS PER OCCURRENCE)
Date
Location
Cause
0
Estimated
Volume (MG)
NONE REPORTED
Were there SSOs that occurred last year that are not listed above?
Yes
No
If Yes, list the SSOs that occurred:
PERFORMANCE INDICATORS
0.00
Lift Station Failures(failures/ps/year)
0.00
Sewer Pipe Failures(pipe failures/sewer mile/yr)
0.00
Sanitary Sewer Overflows (number/sewer mile/yr)
0.00
Basement Backups(number/sewer mile)
0.00
Complaints (number/sewer mile)
Peaking Factor Ratio (Peak Monthly:Annual Daily Average)
Peaking Factor Ratio(Peak Hourly:Annual daily Average)
6.
Was infiltration/inflow(l/l) significant in your community last year?
Yes
No
If Yes, please describe:
7.
Has infiltration/inflow and resultant high flows affected performance or created problems in your
collection system, lift stations, or treatment plant at any time in the past year?
Yes
No
If Yes, please describe:
8.
Explain any infiltration/inflow(l/l) changes this year from previous years?
Page 7 of 10
Last Updated:
5/15/2013
9.
What is being done to address infiltration/inflow in your collection system?
Total Points Generated
0
Score (100 - Total Points Generated)
100
Section Grade
A
Page 8 of 10
Last Updated:
WPDES No.0047341
GRADING SUMMARY
SECTION
LETTER
GRADE
GRADE
POINTS
WEIGHTING
FACTORS
SECTION
POINTS
Financial Management
A
4.0
1
4
Collection Systems
A
4.0
3
12
4
16
TOTALS
GRADE POINT AVERAGE(GPA)=4.00
4.00
Notes:
A = Voluntary Range
B = Voluntary Range
C = Recommendation Range (Response Required)
D = Action Range (Response Required)
F = Action Range (Response Required)
Page 9 of 10
Last Updated:
Resolution or Owner's Statement
NAME OF GOVERNING BODY OR OWNER
DATE OF RESOLUTION OR ACTION TAKEN
City of Delafield
06/03/2013
RESOLUTION NUMBER
2013-07
ACTIONS SET FORTH BY THE GOVERNING BODY OR OWNER RELATING TO SPECIFIC CMAR
SECTIONS (Optional for grade A or B, required for grade C, D, or F):
Financial Management: Grade=A
Collection Systems: Grade=A
ACTIONS SET FORTH BY THE GOVERNING BODY OR OWNER RELATING TO THE OVERALL GRADE
POINT AVERAGE AND ANY GENERAL COMMENTS (Optional for G.P.A. greater than or equal to 3.00,
required for G.P.A. less than 3.00) G.P.A. = 4.00
Page 10 of 10
MEMO
TO:
Common Council Members
City Administrator
FROM:
Gina C. Gresch, Clerk-Treasurer
DATE:
Friday, May 31, 2013
SUBJECT:
#4a1 - LICENSES - OPERATORS LICENSES ISSUED
Below are the Operators Licenses that were issued since the last Common Council meeting:
1.
2.
3.
4.
5.
Katelyn J Beardslee - Revere's Wells St Tavern
Hartmut Weiler - NLYC
Kayla Lapp – Noodles
Jack A. Kilek, Daybreak Mobil
James Anderson
MEMO
TO:
City Administrator
FROM:
DATE:
SUBJECT:
#4a2 - LICENSES – LIQUOR LICENSE RENEWALS
It is liquor license renewal time again. Everyone on the agenda has passed inspections by the Fire Department, Building Inspection
and Waukesha County Health Department. Licenses will not be signed and issued until all outstanding fees are paid. I recommend
approval for all licenses on the agenda.
Also, I suggest the Common Council make motions to approve by each license classification. One motion for 4b2, items a through m,
one motion for 4b3, items a through d, etc….
Wednesday, May 29, 2013
Page 1 of 15
6:30 PM
CITY OF DELAFIELD PLAN COMMISSION MEETING MINUTES
Call to Order
Mayor McAleer called the meeting to order at 6:30 P.M.
Pledge of Allegiance
The Pledge of Allegiance was recited.
Roll Call for the Wednesday, May 29, 2013 Plan Commission meeting:
Present
Absent
Ed McAleer, Mayor
Michele DeYoe, Ald.
Kent Attwell
Kevin Fitzgerald
Dan Jashinsky
Matthew Katz
Chris Smith
Jane Lazynski
Roger Dupler, Planner
Gina Gresch, Clerk-Treasurer
Scott Hussinger, Building Inspector (Arrived at 7PM)
Jim Hammes, City Attorney
Tom Hafner, Administrator / Public Works Director
Announcement of Closed Session.
E. McAleer stated the Plan Commission will be convening into Closed Session and will resume the rest of the
Plan Commission meeting at 7PM.
Motion to convene into Closed Session pursuant to 19.85(1)(g), Conferring 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 to discuss the threatened
litigation in which the City may become involved with private property owners over Kelly’s Greenscapes
application for Business Plan of Operation for property at DELC 0799.998 & 0799.999, 940 Indian Spring Drive
and 1050 Indian Spring Drive, Delafield.
K. FITZGERALD MOVED TO CONVENE INTO CLOSED SESSION PURSUANT TO 19.85(1)(G),
CONFERRING 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 TO DISCUSS
THE THREATENED LITIGATION IN WHICH THE CITY MAY BECOME INVOLVED WITH PRIVATE
PROPERTY OWNERS OVER KELLY’S GREENSCAPES APPLICATION FOR BUSINESS PLAN OF
OPERATION FOR PROPERTY AT DELC 0799.998 & 0799.999, 940 INDIAN SPRING DRIVE AND 1050
INDIAN SPRING DRIVE, DELAFIELD.
K. ATTWELL SECONDED THE MOTION. THERE WAS NO
FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED BY ROLL CALL VOTE.
ROLL CALL VOTE:
E. MCALEER
K. ATTWELL
K. FITZGERALD
D. JASHINSKY
M. KATZ
M. DEYOE
C. SMITH
J. LAZYNSKI
YES
YES
YES
YES
YES
YES
YES
YES
Page 2 of 15
6:30 PM
Plan Commission convened into Closed Session at 6:30 p.m.
Motion to re-convene into Open Session.
C. SMITH MOVED TO RE-CONVENE INTO OPEN SESSION. K. ATTWELL SECONDED THE MOTION.
THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED BY ROLL CALL
VOTE.
ROLL CALL VOTE:
E. MCALEER
K. ATTWELL
K. FITZGERALD
D. JASHINSKY
M. KATZ
M. DEYOE
C. SMITH
J. LAZYNSKI
YES
YES
YES
YES
YES
YES
YES
YES
Meeting resumed at 7PM.
PUBLIC HEARING #1:
TAX KEY:
APPLICANT:
OWNER:
MATTER:
REZONE & CONDITIONAL USE PLANNED UNIT DEVELOPMENT
AMENDMENT
0797.979.005 through 0797.979.024
Miller Marriott Custom Homes, LLC
Commerce State Bank
Applicant seeks to rezone the properties from R-3 PUD to R-4 PUD and a
Conditional Use Planned Unit Development amendment to convert 20 single
family condominiums to 21 fee simple lots with common open space.
E. McAleer opened the public hearing at 7PM. Attorney Dean Richards, the property owner’s attorney, stated
this could be a very easy approval as this is a simple subdivision with a slight modification to the setbacks.
The Sanctuary was approved as a condominium development to appear as single family homes. After it was
approved, two units were built; one is currently occupied, the other is a model, which the developer and his
family will live in. 18 units have been foreclosed on by Commerce State Bank. His client has all the properties
under contract with the exception of one, which is pending, to sign off on the conversion to a subdivision. The
request is to rezone the lots from R-3 to R-4; R-4 is the same as the properties which surround The Sanctuary.
R-4 has a 35 front foot setback, and the developer is asking for allowance of a 25 foot setback. Other than that
change, this is a standard compliant subdivision. There will still be common area space in the development;
however the trails will not be developed to allow for better storm water drainage. The homeowners will be
allowed to design their own homes under a set of architectural controls. The landscaping plan will be updated
to include the plantings for screening the homes which face Main Street and three sides of the subdivision.
There could be a reduction in footprint of the buildings. The Stormwater Management Agreement and facilities
will remain as well as the parking easement. The Homeowners Association will continue to maintain the
community well.
PUBLIC COMMENTS:
Denise Labott, 1306 Main Street, stated eight years ago when this development was approved there was to
be a double row of evergreen trees on the east and south sides of her property and one other property. Those
trees were never planted on the east side and half of the trees on the south side have died. She is also
requesting the Plan Commission to support her in asking the developer to follow the approved plan to replace
the trees and to plant ones that are tall enough to block the light pollution from cars which come right into her
living room.
Page 3 of 15
6:30 PM
Dave Greenway, 1451 Main Street, stated he lives across street from The Sanctuary and lives near the lower
pond. He asked if the new developer is going to do anything to maintain the pond. Half of it is algae and it
breeds mosquitoes. There is no moving water in the pond except when it rains. If the internal pathways are
going to be abandoned, could a sidewalk installed along Main Street? Also, the berm created to make the
pond lacks landscaping and is basically all weeds and buckthorn; something needs to be done about that. The
dead trees also have to be replaced. What kind of maintenance will be done on the outlots? Will the grass be
cut or will it be grown out?
K. ATTWELL MOVED TO CLOSE PUBLIC COMMENTS PERTAINING TO THE REZONE & CONDITIONAL
USE PLANNED UNIT DEVELOPMENT AMENDMENT FOR MILLER MARRIOTT CUSTOM HOMES, LLC.
PUBLIC HEARING AT 7:11 P.M. M. DEYOE SECONDED THE MOTION. THERE WAS NO FURTHER
DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED.
1.
Approve Plan Commission meeting minutes of March 27, 2013 meeting.
K. ATTWELL MOVED TO APPROVE THE MARCH 27, 2013 PLAN COMMISSION MEETING
MINUTES AS PRESENTED. C. SMITH SECONDED THE MOTION. THERE WAS NO FURTHER
2.
City of Delafield Citizen’s Comments pertaining to subjects on this agenda.
Mark Lichte, Lake Country School District Administrator, stated he is here representing the Lake
Country School District Board. The Plan Commission should have received a letter from him in early
May regarding this. If the Plan Commission has questions about that letter they should contact him.
The School Board doesn’t have any objections to CELA or its mission; the opposition is to have a fifth
private school in the boundaries of their school district.
Laura Schult, 935 Bahr Road, submitted a petition into the record and submitted it to the City Clerk
objecting to Kelly’s Greenscapes. She also gave a brief presentation showing pictures of Kelly’s
Greenscapes location in Sussex. ** Clerk’s Note: The statement is attached to the minutes.**
Ralph Gerber, 3707 Campbell Trace, stated he is very much against the CELA proposal and will
speak more about it if and when it comes to a public hearing. He has lived here 28 years and in all
those years he and others in the area have been under the impression via the 1991 Comprehensive
Plan, the 2005/2006 NE Quadrant Plan and the most recent Master Plan/Smart Growth Plan, that this
land is to be developed as residential. Anything different changes the character of the neighborhood.
The Plan Commission should also look deeper into the traffic analysis. The analysis only covers
weekday peak traffic, not total traffic during the week. When the DOT proposed widening STH 83, their
traffic analysis showed the majority of the traffic either began or terminated in the City and wanted the
City of Delafield to pay for the project and the City said no. With the DOT widening STH 83 to the north
and south of the City, they will eventually want to connect those dots. This proposal would add a great
number of trips beginning in the City. The traffic analysis also doesn’t include the future potential
development in the area. In the future, there would be more students and more trips. The traffic
analysis used a traffic count for an average school; this is not an average school. All students will be
arriving in a car not a bus. A better way to figure these trips is to look at University Lake School, which
is similar to CELA, count their cars and divide that by the number of students, and use that as a basis
of the approximate number of trips there will be. Also, there is some confusion in the traffic analysis
study as to how many neighborhoods there are on Campbell Trace. There are two, not one.
Mike White, 3787 Campbell Trace, stated in regards to CELA there wasn’t an opportunity for others to
bid on the property to buy it, which he wanted to do. Mr. Siepmann must have had an agreement that
he had first right of refusal on that property. Everyone in the neighborhood assumed this land would be
developed into a residential neighborhood. If approved, there will be 154 acres taken out of the tax
base. Years ago the City of Delafield felt the best use of this land is residential. There are also two
Page 4 of 15
6:30 PM
renditions of the proposal, one showing the connector street and one not showing it. He understands
the city wants a connector road on Nagawicka Road and isn’t sure why it is not on the plans. The traffic
on Nagawicka Road is already a nightmare and will be a burden to those who live there. The best plan
is to stick to what it was originally planned for: residential.
Nicholas Cera, 929 Bahr Road, stated he supports everything Laura Schult stated. He thanked
Kelly’s Greenscapes for appreciating their neighborhood which is what drew the residents to that area
so he understands the appeal. He doesn’t support the project. He too is a business owner in the City.
This proposed business will be kitty corner to his back yard. This type of business will not bring more
jobs to Delafield unlike two other companies, Kohl’s and Red Prairie who at one time proposed coming
to Delafield. Kelly’s would bring some added tax revenue which is great but this is more of a lateral
move for Mr. Kelly’s business and a negative move for the City. As a neighbor he doesn’t want to be
emotional about this but can’t help but think about the fertilizer plant explosions in Texas. Onsite
fertilizer and salt is a health concern. This property is visible from the interstate. He doesn’t see this
friendly neighborhood staying friendly if this business and its traffic move into the neighborhood. The
traffic related to this business would be inappropriate in this neighborhood on a cul-de-sac with only
one way in and one way out. He owns a business on Oneida Street, The Delafield Acupuncturist. The
building he is in fits into Delafield’s historic atmosphere. The City should increase the historical setting
of downtown Delafield and push it out to Lapham Peak Park. We need to attract more people to this
area. Trucks going in and out of Kelly’s Greenscapes isn’t going to help the existing traffic issues. Just
look at the increased traffic just from Cushing Elementary School from picking up and dropping of kids.
This spot is only convenient to the petitioner because of I-94.
Lance Grady, 1118 Bay Shore Lane, stated he has known Mr. Kelly for over 10 years. Kelly’s
Greenscapes has completed two landscaping projects at his house; he does immaculate work. The
Plan Commission needs to examine the proposed plans more carefully as they are very impressive.
The pictures shown earlier are not a reflection of proposal submitted to the Plan Commission. The
equipment you see will be housed in a building proposed to be built on the property. The fertilizer tanks
are actually salt water tanks. Everyone needs to be clear of the statements that are being made. He
urged the Plan Commission to adopt the plans as proposed by Mr. Kelly. This proposal is an
opportunity to get rid of the eyesore currently on that property.
Kenneth Mennen, 3811 Nagawicka Road, is in opposition to CELA project. He believes if it goes in, a
road will be cut from 83 through to Nagawicka Road. If another school goes in, which we don’t need in
this area as there are many good options, arteries from local traffic will cut through their neighborhood
and traffic will go through the roof. ULS traffic is one car per student and there will be some costs from
the LCSD budget if this school goes in. This is not a good idea; there is no need for another school.
He has nothing against this type of school; LCDS, ULS, Lutheran High Schools in Hartland and
Nashotah are already here. He asked Plan Commission to consider their opinions about this.
Bob Punjak, 1106 Bahr Road, spoke about Kelly’s Greenscapes and is familiar with construction and
landscape businesses; they are not neat and clean. There is always leftover materials which have to
be stored somewhere. It’s only a matter of time until the green space is filled up with old materials.
Indian Spring has limited access: one way in/out. Putting trucks that size on that road will be a terrible
mistake. When the trucks are loading/unloading, they will be blocking the street, especially in the
morning. Dump trucks will pull out of there three or four at a time, which won’t allow traffic to go
through. There are already problems with the Park and Ride, and having this extra truck traffic will
make it worse. When the Park and Ride is full, people are on the side of the road but not all the way
which will make it even harder to get through that area. This will be a horrible mistake.
Clerk Gina Gresch read a statement into the record from Robert Coon, 498 S. Lapham Peak Road,
who could not be at the meeting and is opposed to Kelly’s Greenscapes. ** Clerk’s Note: The
statement is attached to the minutes.**
Page 5 of 15
6:30 PM
K. ATTWELL MOVED TO CLOSE CITIZEN’S COMMENTS PERTAINING TO SUBJECTS ON THE
AGENDA AT 8:04 P.M. K. FITZGERALD SECONDED THE MOTION. THERE WAS NO FURTHER
3.
Consent Agenda (Recommended approvals in accordance with the staff report).
a. DELC 0793.995, 6 W. Main Street, Delafield. Owner: Ronald Bethia. Applicant: Gabriel
O’Hern. Applicant seeks approval of a Business Plan of Operation for an asphalt
maintenance and construction business, O’Hern Asphalt, LLC. Hours of Operation are
Monday through Saturday 7am to 8pm and with 1 part-time and 2 full-time employees.
b. DELC 0793.995, 6 W. Main Street, Delafield. Owner: Ronald Bethia. Applicant: Jim
Wieschel. Applicant seeks approval of a Business Plan of Operation for a construction
business, Top Tier Custom Designs, LLC. Hours of Operation are Monday through Saturday
7am to 8pm and with zero employees. Applicant also wishes to change the color of the
building from pink to gray.
c. DELC 0736.988.001, at the intersection of Campbell Trace and STH 83, Hartland. Owner:
Ione Morris Living Trust. Applicant: Suzanne Dauer. Applicant seeks approval of a
Temporary Business Plan of Operation for a sweet corn stand. Hours of Operation are July
1 through September 30, Sunday through Saturday, 8AM to 7PM.
d. DELC 0793.055, 329 Genesee Street, Delafield.
Owner/Applicant:
Debra Fink.
Owner/Applicant seeks approval of a Business Plan of Operation for a hair salon and
spa, The Beehive Beauty Suites, LLC. Hours of Operation are Sunday through Saturday 8am
to 10pm with 4 part-time employees.
e. DELC 0807.987.005, 3562 Hillside Drive, #3, Delafield. Owner: Bill Isler. Applicant: Erin
O’Boyle. Applicant seeks approval of a Business Plan of Operation for a dance studio,
Social Style Dance, LLC. Hours of Operation are Sunday through Saturday 7am to 11:59pm
and with 3 part-time and 1 full-time employee.
f. DELC 0793.001.004, 514 Wells Street, Delafield. Owner: Equitable Bank, Randy Seifert.
Applicant: Karen Wilman-Salituro. Applicant seeks approval of a Business Plan of
Operation for a painting studio, Arte Wine & Painting Studio. Hours of Operation are
Sunday through Saturday 9am to Midnight with 8 part-time and 4 full-time employees.
g. DELC 0798.012, 708 Genesee Street, Delafield. Owner: Melton Investments, LLC.
Applicant: Todd & Kelli Stuckart. Applicant seeks approval to repaint the building at 708
Genesee Street with Dover White base color and Olde Navy Blue trim color.
K. ATTWELL MOVED TO APPROVE ITEMS 3C, 3D, 3E, 3F AND 3G ON THE CONSENT AGENDA
IN ACCORDANCE WITH THE STAFF REPORT, AND TO REMOVE ITEMS 3A AND 3B FOR
FURTHER DISCUSSION. M. DEYOE SECONDED THE MOTION. THERE WAS NO FURTHER
CONSENT AGENDA ITEMS 3A & 3B:
K. Attwell asked what the petitioner’s plans are for improving the existing site because this is the time to
make those changes as it is an eyesore. Gabe O’Hern stated the garbage will be picked up, berms
fixed, grass mowed, cleaning up the entrance and landscaping done. He is not sure if the parking lot
will be paved but will check with the property owner. There are only three employees and they will park
in the back. He agreed to work with the City Planner on the landscaping improvements. He currently is
located in Pewaukee and has to do vehicle maintenance outside and in the new site he can do that
inside as well as store equipment to keep it out of the elements and away from theft. C. Smith asked if
there is a vehicle limit for this area. R. Dupler stated no but the Plan Commission has discretion to
allow parking outside overnight or not. The history of this site includes a landscaping company who
was storing equipment outside. He is not sure if the interior space will accommodate those vehicles.
G. O’Hern stated he keeps his fleet small and they will fit inside the building. All asphalt is obtained
from the plant so there are no materials on site other than the sealer tank and roller. He does not use
any harmful chemicals.
Page 6 of 15
6:30 PM
C. SMITH MOVED TO APPROVE ITEMS 3A AND 3B ON THE CONSENT AGENDA IN
ACCORDANCE WITH THE STAFF REPORT. K. FITZGERALD SECONDED THE MOTION. THERE
WAS NO FURTHER DISCUSSION. MOTION CARRIED WITH ONE NAY BY K. ATTWELL.
4.
Final Consideration, Approvals, Previous Approval.
a. DELC 0798.999.001, 935 Main Street, Owner: Clearview Home. Applicant: City of
Delafield. Applicant seeks approval of a provision in a Sidewalk Easement Agreement between
Clearview Home Corporation (Grantor) and the City of Delafield (Grantee) such that the public
sidewalk to be installed on private property instead of the public right-of-way (Milwaukee Street)
will not count against impervious area calculations and green space calculations for any future
redevelopment of the property (DELC 0798.999.001, 935 Main Street).
TAKEN FROM PLANNER DUPLER’S STAFF REPORT: The Clear View Home has
been working closely with the City to help realize the route for the Milwaukee Street
sidewalk. As a result of allowing the sidewalk on their property an access easement
must be established. If the public sidewalk is installed on the Clear View Home property
then that area of impervious sidewalk will contribute to the allowable percentage of
impervious surface and may adversely impact any redevelopment plans. In addition, the
same area should not be counted against the required green space associated with
redevelopment either. Therefore, the institution has requested that language be created
and incorporated into the easement agree to ensure that the area of the sidewalk does
not contribute to the impervious surface in the future or negatively impact the green
space calculations. Recommendation: Approval, recommend to the City Council
accordingly.
K. FITZGERALD MOVED TO APPROVE THE PROVISION IN A SIDEWALK EASEMENT
AGREEMENT BETWEEN CLEARVIEW HOME CORPORATION (GRANTOR) AND THE CITY
OF DELAFIELD (GRANTEE) SUCH THAT THE PUBLIC SIDEWALK TO BE INSTALLED ON
PRIVATE PROPERTY INSTEAD OF THE PUBLIC RIGHT-OF-WAY (MILWAUKEE STREET)
WILL NOT COUNT AGAINST IMPERVIOUS AREA CALCULATIONS AND GREEN SPACE
CALCULATIONS FOR ANY FUTURE REDEVELOPMENT OF THE PROPERTY (DELC
0798.999.001, 935 MAIN STREET) FOR DELC 0798.999.001, 935 MAIN STREET, OWNER:
CLEARVIEW HOME. APPLICANT: CITY OF DELAFIELD, SUBJECT TO THE COMMON
COUNCIL’S ACTION TAKEN ON MAY 6, 2013. M. DEYOE SECONDED THE MOTION.
THERE WAS NO FURTHER DISCUSSION. ALL WERE IN FAVOR. MOTION CARRIED.
b. DELC(S) 0797.979.005 – 0797.979.024, Sanctuary Lane, Delafield. Owner: Commerce
State Bank. Applicant: Miller Marriott Custom Homes, LLC. Applicant seeks approval to
rezone the properties from R-3 PUD to R-4 PUD and a Conditional Use Planned Unit
Development amendment to convert 20 single family condominiums to 21 fee simple lots with
common open space and recommendation to the Common Council of the same.
TAKEN FROM PLANNER DUPLER’S STAFF REPORT: The Sanctuary exists as a
single family condominium where the ownership of each home site is limited to the
building footprint and a minimal amount of area surrounding the foundation, all other
lands are held in common ownership. This project was developed as a Planned
Development, where the developer offered a number of tangible community benefits in
exchange for a number of setback and lot size variances. The project has been inactive
since 2006.
At this time, the petitioner offers the City a change in the subdivision program to convert
the property from a condominium development to a standard Planned Development that
exhibits 21 single-family and two-family fee simple lots. As proposed, the new
development plan introduces reduced building footprints and building envelopes that are
much more compatible with the surrounding neighborhood. The action to be taken will
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essentially revise the existing General Development Plan and allow the project to move
forward to the Specific Implementation Plan stage.
To accommodate this, the developer requests a conversion to the R-4 underlying
zoning district and a variance to the district standard 35’; it is proposed to afford a 25’
front setback for conventional orientation and 14’ for side loaded garages. In the
existing condition the condominium homes are allowed reduced front setbacks that
range from 25’ to 1’. With this proposed variance, 21 single family lots may be realized
with a variety of garage orientations. Two of the existing homes that were constructed
as part of the original development, have been incorporated into the new layout and will
be legal lots in the Planned Development. Conversion of the underlying zoning to R-4 is
appropriate, the Master Land Use Plan identifies this area as appropriate for R-4
development and immediately to the east is an existing R-4 neighborhood.
There is no proposed change to the existing signage, lighting, or infrastructure except
that sewer laterals may be relocated. With the new lot configuration home sites are
shifted about the site. A new grading plan will need to be produced that reflects the
adjusted building location. The City Engineer’s review of the storm water management
plan has found no critical issues to warrant concern. In comparison between the size of
the proposed homes, to the size of roofs that were originally approved, it is evident that
impervious areas are greatly reduced.
In the conversion of this project the developer will maintain the intent of the original
landscape plan. A number of landscape features are already in place, some have
suffered mortality and have been documented against the existing Letter of Credit. The
balance of plant material yet to be installed shall become the responsibility of the new
developer. A revised landscape plan for the entire development shall be submitted for
review in the S.I.P stage of approval. Tree mitigation has already been incorporated into
the approved landscape plan. Although the new plan introduces a home site
immediately east of the parking lot, the trees in this area are documented as low quality
invasive species by the City Forester and do not trigger mitigation.
The Plan Commission should note that the petitioner, although a home builder, is not
intending to construct all of the homes in the development. As a real estate developer
their role is to make this project workable and sell fee simple lots to home owners or
other home builders. As such they have not prepared any sample architecture for Plan
Commission consideration. The Plan Commission may wish to request Subdivision
Covenants and Restrictions that identify architectural character, materials, garage
orientation, or any other element deemed necessary for recordation. They should also
establish an architectural review board and layout an approval process.
Recommendation: Approval and recommend to the City Council. The Plan Commission
should refer to the accompanying Conditional Use Review, Determination and Approval
guide sheet to appropriately frame a motion. The rezoning, as well as the Conditional
Use Permit, may be judged by the same criteria and should be clearly recommended to
the Council for action. Approval should be contingent upon approved SIP documents to
include Site Engineering, Landscaping and Architectural controls added to the
Covenants and Restrictions. In addition, staff recommends that the developer provide a
plan that identifies the quantity and location of all two-family structures. The Plan
Commission may request such a plan in order to curtail unregulated development that
may significantly increase the aggregate density of residential units.
There was discussion between K. Fitzgerald and R. Dupler regarding how the space for the
extra lots came about, the retention pond plan and what the homeowners association will take
care of. R. Dupler stated the lot geometry is smaller, therefore allowing for extra space for more
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lots. The original plans were designed to have prairie grass and wildflowers. If the Plan
Commission wants the pond maintained and manicured, the Plan Commission should direct the
developer to include that in the landscaping plan which is to be presented to the Plan
Commission. The homeowners have fractional ownership of the pond so it is up to them to run
the pump in the pond. T. Hafner suggested using a small aerator instead of a fountain. There
were more questions regarding the pond and how the City insures the pond will be maintained
since the City has had this same problem with the last two developers of this area. D. Richards
stated pond maintenance is up to the homeowners association. If they do not fulfill their
responsibility, the City steps in, does the work and special charges each property owner for the
maintenance costs.
D. Richards asked the Plan Commission to consider that the promises made by the prior
developer were too large of promises as related to what was going on in the marketplace.
Since the condominium units failed to be developed, the new developers are looking at having
to not make good on a prior developer’s promises. His client is merely purchasing the lots the
houses will be built on, not the entire development. He also asked the Plan Commission to use
the current Letter of Credit on file to fulfill the prior developer’s promises if the City really wants
those brought into compliance. This way the new developer can come in and he can do what
he promises to do. There was further discussion about the Letter of Credit, how it can be used
and if it can even be called upon. D. Richards stated the Letter of Credit is a financial guarantee
by the bank, not the failed developer. He also stated the preliminary landscaping plans are in
the ePacket. He hopes to meet with Planner Dupler to compare the old landscaping plan to the
new one and see what overlaps.
K. FITZGERALD MOVED TO APPROVE THE REZONE OF THE PROPERTIES FROM R-3
PUD TO R-4 PUD AND A CONDITIONAL USE PLANNED UNIT DEVELOPMENT
AMENDMENT TO CONVERT 20 SINGLE FAMILY CONDOMINIUMS TO 21 FEE SIMPLE
LOTS WITH COMMON OPEN SPACE, APPROVE FRONT SETBACK CHANGES FROM 35
FEET TO 25 FEET, APPROVE SIDE-LOAD GARAGES FRONT SETBACK FROM 35 FEET
TO 14 FEET AND RETURN TO PLAN COMMISSION WITH SIP DOCS AS DESCRIBED IN
THE STAFF REPORT, FOR DELC(S) 0797.979.005 – 0797.979.024, SANCTUARY LANE,
DELAFIELD. OWNER: COMMERCE STATE BANK. APPLICANT: MILLER MARRIOTT
CUSTOM HOMES, LLC, AND RECOMMENDATION TO THE COMMON COUNCIL OF THE
SAME.
D. JASHINSKY SECONDED THE MOTION.
THERE WAS NO FURTHER
5.
Plans of Operation, Signage and Site Plan.
a. DELC 0799.998 & 0799.999, 940 Indian Spring Drive and 1050 Indian Spring Drive,
Delafield. Owner: Marion J. Doermer. Applicant: Shawn Kelly, Kelly’s Greenscapes.
Applicant seeks approval of a Business Plan of Operation for a landscaping business, Kelly’s
Greenscapes, conditioned upon Site Development Plan approval.
TAKEN FROM PLANNER DUPLER’S STAFF REPORT: The proposed BPO is a
continuance of the approval process initiated last month. As part of the Conceptual
Presentation an analysis of this use determined that it may be considered a permitted
use in the B-5 district. The petitioner was directed to prepare site plan documents and
return to the Plan Commission. At this time the petitioner wishes to confirm the use as
allowable in the B-5 district before proceeding to site development plans. Therefore, a
Business Plan of Operation application is formally submitted for consideration and
action. The Plan Commission will want to determine if the described use conforms to
the permitted uses outlined in 17.39(26)(b), and specifically which of the itemized
permitted use descriptions is applicable. If it is determined that item (10) adequately
describes the proposed use then the Plan Commission may approve the proposed
Business Plan of Operation. If it is determined that item (11) is the appropriate
description for the proposed use, then the Plan commission will want to recommend the
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Business Plan of Operation to the City Council for approval. In either case the approval
must be contingent upon site plan approval given the fact that Kelly’s Greenscapes must
not be permitted to operate on the property in its current condition. Recommendation:
Determine which ordinance description is applicable to the proposed use. The use is
substantially consistent to item (10), if one accepts that servicemen may be a description
of the employees function. If the Plan Commission does not feel comfortable that
“servicemen” sufficiently describes construction crews leaving the site in the morning
and returning in the afternoon then the Plan Commission should recognize the proposed
use as similar to a described use and recommend it to the Council as mandated in item
(11).
E. McAleer stated there are many questions the Plan Commission needs answered about this
proposed business. The proposed business plans need to be explained in much better detail.
Shawn Kelly, Kelly’s Greenscapes owner, stated the Sussex location does not have any office
space and only had enough room to house two trucks as his current location is only on .6 acres;
that’s why his Sussex location looks the way it does. He doesn’t have any space for anything
out there, which is why he wants to move to Delafield. He is proposing a building for 36
vehicles but does not have that many vehicles. The office building will be 2,400 square feet, the
vehicle building will be 9,000 square feet and a third building has not been determined yet. He
reviewed his building plans with the Plan Commission showing what the buildings will look like
which are being designed to match the historical district in downtown Delafield; where they will
be located; bermed areas surrounded by large evergreen trees; landscaped areas; retention
pond; employee parking; customer parking; a salt shed built to DNR regulations; and product
display areas which will include stone, brick and mulch. He explained his is a design/build firm,
not a maintenance company. Items are constructed on the job site and equipment is left at the
job site as well. He also does not store fertilizer. The parking lot is designed to be large enough
for employees to park in the back as well as leaving enough room for semis to pull all the way
in, dump the mulch and pull out onto the road. The parking lot will be fully screened and fenced
in. There was further discussion about mulch, where it is stored, how it is sold and what it is
used for. S. Kelly stated his business does sell mulch but as a part of the job they are working
on; they bring the mulch to the job site. He stores sample materials outside so customers can
touch and see the product they are buying; brick and stone is shipped to the job site, however
leftover materials from jobs are kept outside.
E. McAleer stated he is not convinced this is not a construction yard. He asked the petitioner to
explain further the quantity and frequency of trucks entering and leaving the proposed site. S.
Kelly stated there will be about six trucks leaving the site each morning. E. McAleer stated he
and the Plan Commission are looking for assurances that in three to five years this site will not
morph into a construction yard which is what the neighbors are worried about. S. Kelly stated
he will sign an agreement laying out the specifics of what he can and cannot do. Plan
Commission members discussed whether or not this type of business truly fits in the B-5 zoning
district. C. Smith asked what “servicing headquarters” means and told the Plan Commission the
dictionary says it is “work done for others as a business.” There’s nothing in the zoning code
that he can see which states storage for materials is allowed. He questioned how this business
can fit in this zoning. Plan Commission members asked more questions regarding the mulch
and salt storage. S. Kelly stated the salt storage will be in a building and they can move the
mulch inside too, however the bricks and stone will stay outside in bins for people to see. Plan
Commission members continued to discuss whether or not the storage of salt and mulch
outside fits into the B-5 zoning district since B-5 states no outdoor storage. S. Kelly stated he
can keep the mulch at the Sussex site if he has to for compliance.
D. Jashinsky stated he lives in the Indian Spring neighborhood and feels this could become a
bigger issue in the winter when the trucks are loading up with salt at 4AM. This is not a 9AM to
5PM business and the noise factor hasn’t even been mentioned yet. E. McAleer stated
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allowance of snow removal and salt storage puts this business in the realm of a construction
yard. S. Kelly stated the six trucks kept onsite are filled with salt prior to a storm and can only
be billed during the approved hours of operation. D. Jashinsky stated the proposed use of this
property is not only an office building and doesn’t think it fits. Also, the residents there have to
fight daily with the Park and Ride people and that is a major issue. People who park there don’t
realize there is a neighborhood back there and when the lot fills up they park on the side of the
road but don’t fully pull off the road which makes it hard for traffic to move through that area. M.
DeYoe stated she asked the Police Department if they’ve had any complaints and she was told
they didn’t have any on record. If people call to complain they will enforce the parking and issue
tickets. D. Jashinsky stated the primary role of this business is constructing/building and more
revenue is going to be made from that rather than designing. The intent of B-5 is offices, highend commercial buildings, which this is not. K. Attwell asked what will happen to the Sussex
location if this is approved. S. Kelly stated the Sussex site will be eliminated. He also stated he
plans on asking for signage as well but hasn’t reviewed that with the Planner yet. He would like
a two square foot sign above the water feature, and 50 square feet of signage on both corners
the office building.
K. ATTWELL MOVED TO DENY THE BUSINESS PLAN OF OPERATION FOR A
LANDSCAPING BUSINESS, KELLY’S GREENSCAPES, CONDITIONED UPON SITE
DEVELOPMENT PLAN APPROVAL FOR DELC 0799.998 & 0799.999, 940 INDIAN SPRING
DRIVE AND 1050 INDIAN SPRING DRIVE, DELAFIELD. OWNER: MARION J. DOERMER.
APPLICANT:
SHAWN KELLY, KELLY’S GREENSCAPES, BECAUSE IT IS NOT
COMPLIANT WITH THE B-5 ZONING DISTRICT, SPECIFICALLY SECTIONS 10 AND 11. D.
JASHINSKY SECONDED THE MOTION. THERE WAS NO FURTHER DISCUSSION.
MOTION CARRIED WITH NAYS BY C. SMITH AND M. KATZ.
b. DELC 0793.014.023, 631 Genesee Street, Delafield. Owner: Jason Steiner. Applicant:
Curtis Lamon. Applicant seeks approval for permanent banners as an architectural element for
the business known as Elements East.
TAKEN FROM PLANNER DUPLER’S STAFF REPORT: The specialty retailer
proposes to install permanent banner signage to the Delafield Square storefront. Five
banner locations are proposed with seven potential banners to be periodically
interchanged. As proposed, Staff can not approve the proposed signage. They are not
conventional signage, not approved as an element of the multi-tenant sign program, and
do not conform to the approved Downtown historic color palette. The existing sign,
mounted on the fascia above the porch is 12sf. and maximizes the allowable sign area
for Elements East per the existing multi-tenant sign program. Each banner measures
9sf, and the five display locations will constitute 45sf of signage. The storefront is 46’
wide and is therefore could support 69sf of signage. The proposed banner signs may be
accommodated based on size. This proposed banner signage was previously approved
unique to a grocery store. At that time the introduction of the banners were considered
by the Plan Commission and approved for a one year trial period. Recommendation: If
the Plan Commission elects to approve the proposed signage the colors should be
consistent with the approved color palette, the SALE and NEW SHIPMENT banners
should not be approved, as they conflict with the City policy regarding temporary sign
permits for sale events.
Petitioner Curtis Lamon stated the brackets are still on the building; all they need are rods and
banners installed. He reviewed the history of the banners on this building and tried to match the
size and scale but not so much the colors. He has no problem with matching colors to the
downtown district colors. He also understands banners indicating “sale” and “new shipment”
denotes an event and those are not allowed. He would like the banners to say “furniture,”
“accessories” and “lighting” to show the items he sells. He would like to put some life into the
retail section of the building which would stimulate his and others’ businesses.
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K. Fitzgerald asked what the issue is and why this was brought to the Plan Commission. R.
Dupler stated the building already has a sign program and the signage being requested is over
the allotted square footage. Also, the City’s sign ordinance only addresses permanent signage
and temporary banner signage. Temporary banner signage is only allowed for business
opening, closing or under new management. Banners on businesses are not to advertise
events. The allowable sandwich board signs are advertising that purpose. Plan Commission
members asked if the building’s sign program can be modified. R. Dupler stated yes and in fact
the petitioner has already reviewed that with the condominium association who manages the
building’s sign program and they approve. The Plan Commission can approve these banners
as a trial period and the petitioner can come back with a different plan. J. Lazynski asked what
this will do to the rest of the businesses downtown; will there be banners everywhere? R.
Dupler said yes, if they fit within the allowable signage sizes. K. Attwell asked if the City has
rules allowing permanent banner signage. R. Dupler stated no and the City shouldn’t amend
the sign ordinance for this one element. E. McAleer asked how the applicant assures the
banners will look as good in five years as they do new. K. Fitzgerald stated that would be no
different than the action the Plan Commission took regarding the Village Square awnings. It is
in the best interest of the property owner to keep them looking nice. K. Attwell asked if this
would be setting a precedent. R. Dupler stated yes, as a temporary sign is defined at something
that is flexible and deteriorates. Fishbones put up a banner across the face of the restaurant
but put it behind plexiglass, which then changes the banner to a graphic attached to the
building. J. Lazynski stated the banners the City and Chamber display are not lasting more than
two or three years; how long will these proposed banner flags last? E. McAleer suggested the
Planner research other municipalities’ sign ordinances and bring back recommendations for the
Plan Commission.
K. FITZGERALD MOVED TO APPROVE THE PERMANENT BANNERS AS AN
ARCHITECTURAL ELEMENT FOR THE BUSINESS KNOWN AS ELEMENTS EAST FOR
DELC 0793.014.023, 631 GENESEE STREET, DELAFIELD. OWNER: JASON STEINER.
APPLICANT: CURTIS LAMON, SUBJECT TO A TEMPORARY SIX MONTH TRIAL BASIS;
THE APPLICANT COME BACK TO THE PLAN COMMISSION BEFORE THE SIX MONTH
TRIAL PERIOD ENDS TO PROPOSE A NEW SIGN PROGRAM FOR THIS BUILDING;
APPLICANT WORK WITH THE PLANNER ON SIZE, COLOR AND FONT SO IT CONFORMS
TO CITY REQUIREMENTS. C. SMITH SECONDED THE MOTION. THERE WAS NO
FURTHER DISCUSSION. MOTION CARRIED WITH NAYS BY K. ATTWELL, M. DEYOE
AND J. LAZYNSKI.
6.
Preliminary
a. DELC 0753.995, STH 83, Hartland. Owner/Applicant: CELA Holdings. Owner/Applicant
seeks preliminary feedback for CELA, Christian Education Leadership Academy, and schedule
public hearing for the same.
TAKEN FROM PLANNER DUPLER’S STAFF REPORT: The Christian Education
Leadership Academy is a private school proposed immediately north of the Bark River
on 149 acres of land formerly known as the Walcott Farm. The land exhibits A-1, A-1E,
and C-1 zoning. It is accessible from Fair Lakes Parkway on the west and Campbell
Trace on the east. The proposal offers a single school building with associated drives
and parking that are designed for separation, exclusivity, and security. In addition a
sports complex is proposed near Campbell Trace. To realize this plan the City will
require a rezoning for that portion of the site containing the school grounds and sports
complex to P-1. This area to be rezoned is approximately 73 acres. This use, and the
proposed campus setting, is permitted as a Conditional Use in the Public and Semipublic
Use District.
It will therefore be subject to a public hearing, Council approval, and
detailed site development plans not unlike a Planned Development. The balance of the
property is proposed to remain in agricultural production. As this project moves forward
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the Plan Commission will want to provide the petitioner with a list of questions and
concerns to address prior to a pending public hearing. In creating the opportunity to
rezone the property the City must first amend the master plan to designate Institutional
Land Use consistent with the proposed rezoning.
The site and building are well designed to realize the vision of the developer. The
project as a whole will be an asset to the culture of Delafield; however, to be appreciated
as a tangible benefit to the immediate neighborhood, elements of interconnectivity need
to be resolved. The City planning documents illustrate a mapped collector street through
this property that connects Faire Lakes Parkway to Cardinal Drive at Hwy 83. This route
has been documented on the Official Map for more than a decade. The necessity for a
connection to Faire Lakes Parkway must be considered a mandatory element of
development on this site. Aside from the proposed P-1 school area, 216.53 acres of
undeveloped property to the north and west of the school need to be considered. The
existing conditions are very limiting to this area in regard to vehicular access. The area
is bounded by the river on the south, the railroad on the north, and privately owned
developed property on the west that does not allow for a westward road connection
other than Faire Lakes Parkway. As a result, if this proposed development were allowed
to occur without a public road connection to Faire Lakes Parkway then the entire area is
relegated to one point of egress; Cardinal Road. This configuration is not acceptable in
a single subdivision, let alone an entire neighborhood.
Another element of interconnectivity is the conveyance of pedestrians to and through the
site. As proposed, there are no pedestrian linkages to the school, or through the
property. The Plan Commission should recognize that the Waukesha Bark River
Greenway designates an east-west route along the river through the Walcott farm. In
addition the City Comprehensive Plan identifies a north-south connection through this
site. A potential bridge crossing of the river and linkage to planned parks in the
neighborhood have been planned for and incorporated into the Comprehensive Plan as
part of the 2009 Smart Growth. The petitioner has acknowledged these elements of the
plan and requests that they be designed in the future. The Plan Commission may wish
that these elements be made an integral part of the plan at this time to ensure that they
may be realized in the foreseeable future.
Another element of the Comprehensive Plan and the Park and Recreation 5 Year Plan
to be considered is the designation of an eight acre park in this general area. In
recognition of this plan requirement the petitioner has incorporated the proposed sports
complex for school use, but also with the intention of providing shared usage to the City.
As an integral part of this conditional use the City should request that a draft agreement
be evaluated as part of the public hearing process.
In discussions at staff level, the petitioner has offered to create an agreement to offset
the cost of municipal services. Recognizing that the school will remove a substantial
amount of acreage from the tax role, the financial compensation agreement may be
considered so that the operation of the school will not be a burden on the Delafield Tax
payers. As integral part of this conditional use the City should request that a draft
agreement be evaluated as part of the public hearing process.
To further a better understanding of the potential traffic impacts the Plan Commission
should request that a revised traffic impact analysis be conducted. The study should
take into account the eventual build-out of the currently undeveloped lands. In addition,
any improvements planned by WisDOT in regard to the Hwy 83 and Cardinal Drive
intersection should be incorporated. These revised numbers will lend greater credibility
to the proposed size and design of the round-about.
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Recommendation: Share opinions and concerns with the petitioner and request
additional information to be provided prior to the public hearing. Schedule a public
hearing accordingly.
Jim Siepmann, the petitioner representing the Christian Education Leadership Academy (CELA)
introduced the K-8 Grade Christian Elementary School. Tonight’s goal is to get an endorsement
for a public hearing for the June Plan Commission meeting. CELA held a neighborhood
meeting at Lake Country Elementary School which had good attendance. They also went to the
Lake Country School District (LCSD) Board and attended multiple City staff meetings. He then
played a video describing what CELA is about and its mission. The site is 154 acres with 72.5
acres to be rezoned for public use for the school. The remaining 43 acres will continue to be
farmed. He reiterated many of the details as recorded in Planner Dupler’s staff report. He
reviewed plans for roads which include a public road developed from STH 83 to the facility with
a round-a-bout in it so the Public Works Department has access in and out of the site to
maintain the public feature. There is also dedicated road right-of-way to service the Morris
property. There is a designed emergency access to service the school from Faire Lakes
Parkway. CELA has no interest in installing a collector street as the traffic analysis conducted
confirms one is not needed as it will only increase traffic. There are two phases to this project:
the school and athletic fields. The school will be built immediately and the fields and field
facilities later. CELA will allow only Christian based groups to use the fields and facilities since
it is a Christian based school. There is also room for a future expansion of the building on the
east and west ends with room for more parking if that happens. CELA also met with the Park
and Recreation Commission about the site trails, and they have agreed to work with the City to
make the trail easement available to the City. Utilities, sanitary sewer and water are available.
There are 370 general parking spots and there is a gated secure area for staff. Dark sky
lighting guidelines will be used to keep the light very low to the ground to avoid domes of lights.
With regards to the questions about the lack of tax revenue to the City, CELA is willing to
participate in a payment in lieu of taxes (PILOT) program to pay their fair share. The LCSD is
concerned about costs for special needs students, which CELA will compensate the LCSD for
those costs.
J. Siepmann continued to explain CELA’s building is 162,000 square feet and two stories.
There are three classrooms per grade and includes a chapel/auditorium and a separate large
gym area. Materials used will be earth tones for a natural feel. This building will be one of the
finest buildings in the City and the region. It is four sided with brick and stone on all four sides.
A peaked roof was added to make it look more residential. If this were developed into a
subdivision the City would have 50 or more buildings instead of just one building with the rest of
the land preserved as green space. With the school only about 7% of the land will be
impervious surface. With single family homes that would increase to 9% or more.
M. DeYoe asked the petitioner to elaborate on the emergency access road. John Holz, project
architect, stated the emergency access road is at the end of Faire Lakes Parkway and will
connect to the road at the south end of the building which will be able to accommodate large
apparatus and will have a breakaway gate system. K. Fitzgerald stated there are a few steps in
the process which need to be handled first and a main one is to deal with the road the City
shows on their official map going right through the property. Only the Common Council can
vote to vacate or move the road. Step two is to amend the City’s Master Plan since the change
being sought is not allowed in the Master Plan. Since the Common Council has to address the
road issue, the Master Plan amendment should be requested at the same time. Step three is to
have the City consider a land use change, but that is after the Master Plan amendment and
decision on the mapped road. E. McAleer stated those processes always start with the Plan
Commission and they make recommendations to the Common Council. R. Dupler stated the
public hearings can be held by either the Plan Commission or Common Council.
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M. DEYOE MOVED TO SCHEDULE A PUBLIC HEARING ON WEDNESDAY, JUNE 26, 2013
FOR DELC 0753.995, STH 83, HARTLAND. OWNER/APPLICANT: CELA HOLDINGS.
OWNER/APPLICANT SEEKS PRELIMINARY FEEDBACK FOR CELA, CHRISTIAN
EDUCATION LEADERSHIP ACADEMY, TO AMEND THE CITY’S MASTER PLAN AND
LAND USE PLAN. M. KATZ SECONDED THE MOTION. THERE WAS NO FURTHER
DISCUSSION. MOTION CARRIED WITH ONE NAY BY K. FITZGERALD.
Plan Commission members asked questions regarding the plans for remaining acreage, what
impact this new school will have on the existing ones in the district and park and recreation
trails. J. Siepmann stated the intent was to leave the remaining as agricultural but if that is a
permanent change CELA will have to reconsider that. He is not able to answer how CELA will
impact other schools in the district as this new school is different from the existing schools, but
he will look into it. The lands south of the river are not impacted. The land to the north is the
Morris farm and CELA sees that staying as residential. Also, CELA would like to see a bridge
over the Bark River built as a part of the trail system but is not sure who would build it. CELA
will work with the Park and Recreation Commission on the trail. The main goal is to keep the
trails close to the school to keep the children safe. C. Smith stated the east/west trail should
hook up with the Ice Age Marsh Trail. He is concerned about the usage of the parks if only
Christian based groups are allowed to use them; that means the City cannot use them and if the
City can’t use the parks he will vote no on this project.
Plan Commission members discussed if a fifth school in a district is needed. E. McAleer stated
that is not up to the Plan Commission to decide. K. Attwell stated he is concerned with taking
150 acres off the tax roll and what can be done to offset that. He asked if someone can run an
analysis to see what net tax benefits would be for the City versus this proposal. E. McAleer
stated the Village of Hartland accepted PILOT for the Lutheran school. T. Hafner stated he will
work on that and include what additional expenses the City would have with a subdivision
versus a school. Plan Commission members asked questions about the traffic analysis being
shared with the Department of Transportation, stormwater needs and a possible collector street.
J. Siepmann stated the traffic analysis has not been shared with the DOT yet. There will be
stormwater basins but they will be dry, not wet. CELA is also using rain gardens and bio swales
to control the water in a high tech way. This site has very good soils. Installing a collector
street would be for the good of whole community; CELA feels this type of road isn’t necessary
for the community.
Plan Commission members invited Mark Licht, LCSD Administrator, to the table to ask him
questions regarding cost sharing, enrollment and the effect LCSD will feel if this school is
approved. M. Licht stated there is no way to determine how CELA’s enrollment will affect LCSD
but he is not concerned about competition as CELA’s mission is different than LCSD’s. This
question would be better asked of the other four private schools in the district. He also couldn’t
comment on CELA reimbursing LCSD for students’ expenses as the school board didn’t want to
enter any negotiations while CELA is working with the City.
7.
Zoning and Ordinance Revision.
8.
Reports of City Officials:
a.
Clerk
1.
June 26 (Meeting); May 29 (PH Deadline); June 12 (Reg. Deadline)
2.
Correspondence
i.
Letter from Axley Law Firm regarding Kelly's Greenscapes.
ii.
Letter from Lake Country School Board regarding CELA.
b.
Planner
c.
Building Inspector
Page 15 of 15
6:30 PM
S. Hussinger stated the total number of permits to date is 42 with 12 residential occupancy
permits and two commercial occupancy permits this month.
9.
Adjournment.
M. DEYOE MOVED TO ADJOURN THE MAY 29, 2013 PLAN COMMISSION MEETING AT 10:38
P.M. M. KATZ SECONDED THE MOTION. ALL WERE IN FAVOR. MOTION CARRIED.
Minutes Prepared By:
Gina C. Gresch, MMC/WCPC
Waukesha County
By Gina C. Gresch, MMC/WCPC at 2:27 pm, May 30, 2013
Dear Plan Commission Member:
In an effort of brevity in what appears to be a full night’s agenda we would like to share
a few comments in respect to item 5 a. Kelly’s Landscapes Business Plan of
Operations. We have visited the current business operation in Sussex. In the hope of
your diligent consideration we would like to share the following thoughts:
A.
This Construction/Landscape/SnowPlow/Contractor business does not even come
close to “an exclusive high quality commercial area for offices and similar
compatible commercial operation that have similar (office) operations,” definition.
B.
In 1990 the Indian Springs neighbors were promised by the City of Delafield
that an acceptance of B-5 Zoning along I-94 would assure their property values
and a 9 to p5 business plan of operation as non-invasive means to enjoy their
backyards and their quality of life. The Master Plan/Smart Growth, a 2 year effort
by this Commission confirmed that promise. We believe it is important for the
present Commission to keep the City’s promise.
C.
“service and salesman’s vehicle storage” would most likely be interpreted as autos
and paneled vans. With all due respect how many salesman or servicemen does
Kelly’s Landscape employ and what type of vehicle does he supply them? Dump
trucks,flatbeds, snowplows and equipment trailers do not qualify in our opinion.
No such commonly accepted “service” vehicles were seen at his current site.
D.
Two para-phased comments heard from the Commission at the March 27,2013
meeting pertained to the B5 site:
“...anything would be an improvement to the motel...” While aesthetically this may
be true. It is not a sound reason to ignore the zoning requirements.
“....with approval the possibility of creating a little island may be desirable...”
In actuality the Plan Commission would be creating an island of incompatible use
by allowing this type of operation in B5. The approval of a proper business would
allow for a nice flow, along with the present Dentist Office , with all of the
remaining and undeveloped B5. Like attracts like.
Thank you for your time and consideration it is appreciated.
Gerry and Lyn Holton, 485 Lillian Ct., Delafield.
By Gina C. Gresch, MMC/WCPC at 10:10 am, May 30, 2013
Main Street
Lapham Peak Road
S
O
S
S
LN
O
LN
M
M
Pond
M
M
M
Existing
trees
M
M
M
M
M
LN
M
M
M
Pond
M
O
LN
LN
O
L
LN
L
L
L
LN
L
L
LN
LN
M
L
L
O
O
L
O
L
M
L
Pond
M
L
O
M
M
Existing
trees
M
M
M
M
M
M
M
M
Existing Hickory
to remain
M
M
M
M
M
M
M
THE SANCTUARY
DELAFIELD, WI
M
M
M
M
M
M
LN
LN
LN
M
LN
M
LN
Tree Legend
LN
SITE INVENTORY
EXISTING CONDITIONS
M
LN
Existing Oak
to remain
Good Condition - Remain
Questionable / Struggling Condition - bark damage
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Dead - Remove
SPLLN M-
Spruce
Pine
Locust
Linden
Maple
NORTH
0
20
40
GRAPHIC SCALE
80
Milwaukee Area (262) 432-7910
Hearing Impaired TDD (800) 542-2289
SHEET NUMBER
Lapham Peak Road
Main Street
O
S
S
LN
O
LN
M
Pond
M
M
Existing
trees
M
M
M
M
M
M
O
M
M
Parking
Area
O
LN
LN
L
L
L
Pond
L
L
L
Parking
Area
O
L
O
Pond
Play
Structure
L
M
Existing
trees
M
M
GENERAL LANDSCAPE NOTES
Existing Hickory
to remain
Parking
Area
M
1.
Contractor responsible for contacting Diggers Hotline to have site marked prior to any digging or earthwork.
2. Contractor to verify all plant quantities shown on plant list and verify with plan. Report any discrepancies immediately to landscape architect and/or general
contractor.
3.
M
M
M
All plantings shall comply with standards as described in American Standard of Nursery Stock - ANSI 260.1 (latest version). Landscape architect reserves the
right to inspect, and potentially reject, any plants that are inferior, compromised, undersized, diseased, improperly transported, installed incorrectly or damaged.
M
M
4. Any potential plant substitutions must be approved by the landscape architect. All plants must be installed as per sizes shown on plant material schedule, unless
approved by landscape architect. Any changes to sizes shown on plan must be submitted in writing to the landscape architect prior to installation.
M
5. Tree planting: plant all trees slightly higher than finished grade at root flare. Remove excess soil from top of root ball, if needed. Remove and discard
non-biodegradable ball wrapping and support wire. Removed biodegradable burlap and wire cage (if applicable) from top one-third of rootball and carefully bend
remaining wire down to the bottom of hole once the tree has been placed into the hole and will no longer be moved. Score the remaining two-thirds of burlap
and remove twine. Provide slow-release fertilizer packets per planting details.
Plant Legend
Parking
Area
7. Mulching: all trees to receive a 4 ft. diameter ring of 3'' deep layer of high quality shredded hardwood bark mulch (not enviromulch). . Do not allow mulch to
contact plant stems and tree trunks.
Existing Shade Tree to remain
8. Wrap deciduous trees with trunk wrap in late fall to prevent frost crack and wildlife damage over winter.
Parking
Area
9. Topdress and seed for all disturbed turf areas: Prepare the disturbed areas by scarifying compacted soil to a depth of 3-4" and add additional topsoil to restore
to original grade. Prepare seed bed by removing all surface stones 1" or larger. Apply a starter fertilizer and premium quality turf seed mix at recommended
rates which will germinate quickly. It is the responsibility of the landscape contractor to establish and guarantee a smooth, uniform, quality turf. If straw mulch is
used as a mulch covering, a tackifier may be necessary to avoid wind damage. Marsh hay containing reed canary grass is not acceptable as a mulch covering.
Proposed Shade Tree : 2 1/2" - 3" BB - Hybrid Elm, Hackberry, Maple, Oak
10. Warranty and replacements: all plantings are to be watered at time of planting, throughout construction and upon completion of project as required. Trees to be
guaranteed (100% replacement) for a minimum of one year from the date of project completion . Only one replacement per plant will be required during the
warranty period, except for losses or replacements due to failure to comply with specified requirements. Watering and general ongoing maintenance
instructions are to be supplied by landscape contractor to the owner, upon the completion of the project.
Existing Oak
to remain
Existing Evergreen Tree to remain
Proposed Evergreen Tree: 6' - 8' BB White Pine, White Spruce, Juniper
11. The landscape contractor is responsible for the watering and maintenance of all trees and turf areas for a period of 60 days after the substantial completion of
the installation. Work also includes mulching (only if required), fertilizing and pruning.
SPLLN M-
12. Project completion: landscape contractor is responsible to conduct a final review of the project, upon completion, with the client / owner / representative, and the
general contractor to answer questions, provide care instructions (in writing) for the new plantings and turf, and insure that all specifications have been met.
Spruce
Pine
Locust
Linden
Maple
PROPOSED
SITE LANDSCAPE PLAN
6. Tree planting: backfill tree planting holes 80% existing soil removed from excavation and 20% plant starter mix. Avoid any air pockets and do not tamp soil
down. Discard any gravel, heavy clay or stones. When hole is two-thirds full, plants shall be watered thoroughly, and water left to soak in before proceeding.
Provide a 3'' deep, 4 ft. Diameter shredded hardwood bark mulch ring around all lawn trees. Do not build up any mulch onto trunk of any tree. trees that are
installed incorrectly will be replaced at the time and expense of the landscape contractor.
THE SANCTUARY
DELAFIELD, WI
M
Y
R
NA
I
M
I
L
RE
P
P:\3130177\Dwg\LSP02E50.dwg, L 2.0, 4/23/2013 3:05:07 PM, njp
PLANTING MIX
ALL INFORMATION CONTAINED ON THIS SHEET IS THE PROPERTY OF R.A. SMITH
NATIONAL. THE POSSESSION, DISTRIBUTION, REPRODUCTION, AND USE OF ALL
OR ANY PART OF THIS INFORMATION IS RESTRICTED AS SET FORTH IN THE
CONTRACTUAL TERMS AND CONDITION ESTABLISHED BETWEEN R.A. SMITH
NATIONAL AND THEIR CLIENT FOR THIS PROJECT. REPRODUCTION OR USE OF
ANY PART BY ANY PERSON WITHOUT THE PERMISSION OF R.A. SMITH
NATIONAL IS PROHIBITED.
COPYRIGHT 2013
R.A. SMITH NATIONAL
16745 WEST BLUEMOUND ROAD, SUITE 200
BROOKFIELD, WI 53005
Root ball
BELT STRAPPING
Belt strapping
WOOD STAKE
3'' DIA. CEDAR
Wood stake
3'' dia. cedar
WOVEN CLOTH
BELT STRAPPING
NAIL TO STAKE
3'' DIA. CEDAR
WOOD STAKES CUT TO SAME
HEIGHT
THE LOCATIONS OF EXISTING UTILITY INSTALLATIONS AS
SHOWN ON THIS PLAN ARE APPROXIMATE. THERE MAY
BE OTHER UNDERGROUND UTILITY INSTALLATIONS WITHIN
THE PROJECT AREA THAT ARE NOT SHOWN. THE
CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THE
EXISTENCE AND LOCATION OF ALL UNDERGROUND UTILITIES.
R.A. SMITH NATIONAL, ASSUMES NO RESPONSIBILITY
FOR DAMAGES, LIABILITY OR COSTS RESULTING FROM CHANGES
OR ALTERATIONS MADE TO THIS PLAN WITHOUT THE EXPRESSED
WRITTEN CONSENT OF R.A. SMITH NATIONAL.
Planting mix
ROOT BALL
c COPYRIGHT 2013 R.A. SMITH NATIONAL
EVERGREEN TREE PLANTING DETAIL
NOT TO SCALE
SECTION
VIEW
Woven cloth belt
strapping nail to
stake
EQUAL
EXTEND STAKES INTO
FIRM, UNDISTURBED SOIL
A MIN. OF 8''. INSTALL
PRIOR TO FILLING WITH
PLANTING MIX.
PLAN VIEW
EQUAL
EQUAL
PLAN VIEW
NORTH
NOTE:
Do not let stakes touch
sides of root ball
NOTE:
DO NOT LET STAKES TOUCH SIDES
OF ROOT BALL
EVERGREEN TREE STAKING DETAIL
NOT TO SCALE
3'' dia. cedar wood
stakes - cut to same
height
EQUAL
SECTION
VIEW
Extend stakes into firm,
undisturbed soil a min. of 8''.
install prior to filling with
planting mix.
DECIDUOUS TREE STAKING DETAIL
FOR PARKING ISLANDS AND RESTRICTED AREAS
NOT TO SCALE
0
20
40
GRAPHIC SCALE
80
Milwaukee Area (262) 432-7910
Hearing Impaired TDD (800) 542-2289
SHEET NUMBER
Conditional Use Permit
CITY OF DELAFIELD
ORDER GRANTING CONDITIONAL USE
MILLER CAPITAL, LLC
The Sanctuary of Delafield Subdivision
WHEREAS, Miller Capital, LLC, a
Wisconsin limited liability company (hereinafter
"Miller"), has petitioned the City of Delafield
(hereinafter the "City"), to rezone certain property
("Property"), grant a Conditional Use under
Section 17.75, Zoning Code, Planned Development
as a Conditional Use, to allow for an amendment to
the Planned Unit Development, approved for the
Sanctuary of Delafield Condominium, now to be
the Sanctuary of Delafield subdivision (hereinafter
the "Project"), located in the City of Delafield, and
Recording Area
Name and Return Address
City Clerk
City of Delafield
500 Genesee Street
Delafield, WI 53018
DELC 797.979
Parcel Identification Number (PIN)
WHEREAS, the legal description of the
Property is:
That part of the Northwest Quarter (NW 1/4) of the Northeast Quarter (NE 1/4) of Section 20, Town 7
North, Range 18 East , City of Delafield, County of Waukesha, State of Wisconsin, beginning at a
point on the West line of said 1/4 Section distant South 0°19' west 326.23 feet from the Northwest
corner thereof, continuing thence South 0°19' West 308.05 feet; thence South 83° 47' East 30.16 feet;
thence South 78°47' East 99.70 feet; thence South 71°40' East 160.00 feet; thence South 65"35' East
140.00 feet; thence South 62°37' East 100.00 feet; thence South 58"57' East 137.60 feet; thence South
54"50'43" East 111.98 feet; thence on the act of a curve of radius 1860.00 feet chord bearing South
65°16' East 672.92 feet; thence due North on the East line of said ___ 554.85 feet; thence due West
120.00 feet; thence due North 264.69 feet; thence North 85"04' West 733.50 feet; thence North 87°39'
West 464.23 feet to a point of beginning.
EXCEPTING THEREFROM the following described Property to wit:
All that part of the Northwest 1/4 of the Northeast 1/4 of Section 20, Town 7 North, Range 18 East
described as follows to wit: Commencing at the intersection of the west line of said 1/4 Section and the
center line of C.T.H. "CCC" distant South 0°19' West on the West line of said 1/4 Section 326.23 feet
from the Northwest corner thereof: thence South 87° 39' East 297.13 feet to the point of beginning of
the lands herein described: thence South 87°39' East along said center line 167.10 feet; thence South
85°04' East along said center line 114.58 feet; thence South 4°56' West 250.00 feet; thence North
86"37' West 272.94 feet; thence 2°56'50" East 250.00 feet to the point of beginning.
9725623v2
WHEREAS, the Property was zoned Residential, R-3 and has been rezoned to
Residential, R-4; and
WHEREAS, the City had previously approved a Specific Implementation Plan for the
Property pursuant to Section 17.39(27)(a) of the City of Delafield Municipal Code
permitting the development of the Property as a residential single-family, free-standing
condominium development; and
WHEREAS, the City has determined that it is in the interest of the City to allow this land
to be rezoned Residential, R-4, and to be regulated as a Planned Unit Development single
family residential subdivision; and
WHEREAS, the City of Delafield Plan Commission has given the matter due
Consideration and the Common Council has based its determination on the Criteria for
Approval set forth as §17.75(8) Zoning Code, or other similar factors, and has determined
that Conditional Use would be appropriate provided that the Conditional Use is
constructed and operated pursuant to the following conditions and in strict compliance
with the same.
THEREFORE, IT IS ORDERED AS FOLLOWS:
Commencing upon the date hereof, a Conditional Use Permit for the Property and Project is
hereby granted. The Conditional Use Permit herein shall apply only to use of the Property in
conformance with the Conditional Use Permit and shall continue in existence only so long as the
Conditional Use is operated in compliance with this permit. This Conditional Use Permit is
subject to initial and continued compliance with the City of Delafield Municipal Code and each
and every one of the following conditions, restrictions and limitations.
A.
The Project will be developed as and meet all City requirements for platting and
improvements as defined in Chapter 18 Subdivision Control Code, of the City of Delafield
Municipal Code except as modified herein. The general layout of the Project shall comply
with the site plan dated April 18, 2013 prepared by Trio Engineering which is attached as
Exhibit "A" and incorporated herein and made a part of this document. The City
acknowledges that two single family homes have been constructed and are occupied by
third-party owners under approvals predating the grant of this Conditional Use Permit.
B.
9725623v2
The Conditional Use grant shall apply to the Property described above.
C.
The Project will consist of a single family residential subdivision, permitted as a
Planned Unit Development, consisting of 21 lots, common park area, and other areas.
D.
The density of the Project is limited to 21 single family residential structures
subject to the dimensional requirements of the R-4 zoning district, except that the front
setback shall be 14-feet as to homes with side entry garages and 25-feet for homes with
front entry garages..
E.
The maintenance obligations set forth in the: (1) Parking Lot Easement Agreement
dated May 8, 2007 and recorded in the office of the Register of Deeds for Waukesha
County on May 17, 2007 as document number 3481838 (Firemen's Park parking lot); and,
(2) the Stormwater Maintenance Agreement dated May 8, 2007 and recorded in the office
of the Register of Deeds for Waukesha County on May 17, 2007 as document number
3481837, shall be assumed by the Sanctuary of Delafield Homeowners' Association, Inc..
F.
The Sanctuary of Delafield Homeowners Association, Inc, shall operate and
maintain the private water system serving the Project. At such time as the private water
system may be connected to the municipal water system operated by the City of Delafield,
the Sanctuary of Delafield Homeowners Association, Inc. shall dedicate the private water
system to the City of Delafield for public operation and ownership by the City of Delafield.
G.
Miller shall execute the Conditional Use Permit and the Declaration of
Restrictions, the language of which must be approved by the City.
H.
The roadway configuration allowing the two existing residences that presently
front Main Street, but are not part of the Sanctuary of Delafield subdivision, to connect to
the interior road with an area between the right of way and the existing lot reserved for
future road purposes, shall be preserved.
I.
The Project shall have a 30' building footprint setback from the existing residential
areas outside of the Sanctuary of Delafield subdivision.
J.
Miller shall preserve the trees in the SE corner as outlined by the City Forester.
K.
It is acknowledged that Miller is acquiring the undeveloped lots of the Sanctuary
of Delafield subdivision and is not acting as a developer of the subdivision. All aspects of
the City's Municipal Code shall apply. However, requirements of the City's Municipal
Code imposed upon developers, such as the tree ordinance and the park dedication or fee
in lieu of dedication, shall not apply.
3
9725623v2
L.
No further subdivision of the Property shall be permitted except with the approval
of the City and amendment of this Conditional Use Permit.
M.
No use is hereby authorized unless that use is conducted in a lawful, orderly and
peaceful manner. Nothing in this permit shall be deemed to authorize any public or private
nuisance or to constitute a waiver, exemption or exception to any law, ordinance order or
rule of the City of Delafield, County of Waukesha, State of Wisconsin, United States of
America or other duly constituted authority. This Conditional Use Permit shall not be
deemed to constitute a building permit, nor shall this permit constitute any other license or
permit required by City of Delafield ordinances or other laws.
N.
The Conditional Use hereby authorized shall be confined to the Property
described, without extension or expansion, and shall not vary from the purposes herein
mentioned unless expressly authorized in writing by the Common Council as being in
compliance with all pertinent ordinances, after review and recommendation by the Plan
Commission.
O.
Should the permitted Conditional Use be abandoned in whole or in part in any
manner, or discontinued in use for 12 months after construction completion, or continued
other than in strict conformity with the conditions of this approval, said Conditional Use
may be terminated by action of the Common Council following referral to the Plan
Commission for public hearing and recommendation thereof, and after thirty (30) days
written notice of such noncompliance to the Owner.
P.
Except as limited herein, any subsequent material change, alteration, or addition to
the use approved herein shall first be submitted for approval to the Plan Commission and,
if in the opinion of the Plan Commission, such change alteration or addition constitutes a
substantial change, alteration or addition based on the standards set forth herein, a public
hearing before the Plan Commission may be required pursuant the Zoning Code.
Q.
Should any paragraph or phrase of this Conditional Use Permit be determined by a
court to be unlawful, illegal or unconstitutional, said determination as to the particular
phrase or paragraph shall not void the rest of the Conditional Use and the remainder shall
continue in full force and effect.
R.
This Conditional Use shall be in effect for as long as the use remains described
herein.
4
9725623v2
S.
The Project shall be undertaken and its new or revised improvements constructed
in compliance with the following approved plans and other materials on file in the office of
the City Clerk:
1.
2.
3.
4.
5.
Site Plan
Assumption of Stormwater Management Agreement
Declaration of Restrictions of the Sanctuary of Delafield
Grading Plan
Landscape Plan
Let copies of this order be filed in the permanent records of the Common Council of the
City of Delafield. Let a copy of this permit be recorded at the Waukesha County Register of
Deeds as a covenant on the title for the Property for which this Conditional Use is granted, and let
copies be sent to the proper City authorities and the Miller.
Approved this ____ day of ____________, 2013.
CITY OF DELAFIELD
BY____________________________
Ed McAleer, Mayor
BY____________________________
Gina C. Gresch, MMC/WCMC,
Clerk-Treasurer
5
9725623v2
APPROVAL
We hereby accept the terms of this Conditional Use in its entirety.
Dated this ____ day of ______________, 2013.
MILLER CAPITAL, LLC
BY_________________________________
Chris Miller, its member
6
9725623v2
DOCUMENT NO.
DECLARATION OF RESTRICTIONS
OF
THE SANCTUARY OF DELAFIELD
The Sanctuary of Delafield, a subdivision, located in the
City of Delafield, Waukesha County, Wisconsin, more particularly
described as:
THIS SPACE RESERVED FOR RECORDING DATA
NAME AND RETURN ADDRESS
Drafted by and return to:
Dean Richards
Reinhart Boerner Van Deuren
P.O. Box 2265
Waukesha, WI 53187-2265
Parcel Identification Number
DECLARATION OF RESTRICTIONS
OF
THE SANCTUARY OF DELAFIELD
This Declaration of Restrictions ("Restrictions") is made by Miller Capital, LLC, a
Wisconsin limited liability company ("Miller"); Joseph and Jane Miller; and, Brian and Margaret
Johnson, who collectively are the owners of Lots 1 through 21 of the Sanctuary of Delafield
subdivision and who shall be collectively referred to as the "Declarant". Declarant has caused
the land and improvements comprising the Sanctuary of Delafield Condominium: (1) to be
removed from the provisions of Wisconsin Statutes Chapter 703; (2) to be platted as a 21-lot
subdivision; and, (3) to be allocated as to individual lot ownership by and among the parties
referred to as Declarant. Declarant now desires to establish a general plan for the use, occupancy
and enjoyment of the Sanctuary of Delafield, and therefore, does hereby declare for the mutual
benefit of present and future owners of lots in the Sanctuary of Delafield ("Owners"), that the
Sanctuary of Delafield ("Subdivision") is subject to the following covenants, conditions and
restrictions.
BUILDING AND USE RESTRICTIONS
1.
Dwelling. All lots in the Subdivision are hereby restricted to allow for the
erection of only one (1) single family residence ("Dwelling"), which shall be limited to onestory, two-story, and tri-level houses. Each Dwelling shall have an attached garage which shall
be of sufficient size to accommodate a minimum of two cars.
2.
Architectural Approval. Miller shall have the power to regulate the appearance,
design and general aesthetics of the Subdivision through architectural approval until Miller turns
2
over control of the Homeowners Association to its Members, at which time the Board of
Directors of the Homeowners Association shall appoint an Architectural Control Committee to
perform Miller's duties pursuant to this Article A. No Dwelling, fence, swimming pool, deck,
patio, recreational structure or equipment (including, without limitation, play houses, tree houses,
trampolines, portable basketball hoops, skateboard or skating structures, and roller or ice rinks),
retaining wall, landscape feature, artistic or decorative sculpture or structure, whether temporary
or permanent, shall be constructed, placed or moved onto a lot, nor shall any structure's exterior
exposures be remodeled, reconstructed, or added to, unless first receiving architectural approval
from Miller. The foregoing listing of the items that are subject to Miller's review and approval
shall be construed as being illustrative and not exhaustive, and shall be broadly construed so as
to give Miller broad authority over any structure or improvement to land that may affect the
architectural, aesthetic, or environmental qualities of the Subdivision. Collectively, all of these
items, structures and improvements shall be referred to as "Improvements" and any Dwelling or
other structure shall be referred to as a "Structure".
(a)
All building plans for any Structure, which plans shall include, but not be
limited to, the exterior design and color of each Structure to be constructed, driveway
location, and all yard grades and stake out surveys showing erosion control measures,
shall be submitted to Miller prior to the commencement of any construction or site
preparations. Miller must approve the submitted plans in writing before an Owner (or its
agents or contractors) may submit an application for a building permit or commence any
construction or site preparations.
(b)
All Improvements other than a Structure, such as landscaping, decorative
fences, in-ground swimming pools, decks, recreational structures or equipment, or other
3
similar Improvements, are subject to the prior written approval of Miller. All of the
aforementioned Improvements shall be consistent in theme with the materials and colors
of the Dwelling located on the lot. Construction of any Improvement other than a
Dwelling must be completed in full accordance with approved plans, and located as
shown on a survey to be presented with the request for approval, within 6 months from
the date construction is commenced, unless otherwise provided by Miller in writing.
Miller reserves the right to require that any recreational structure or equipment be located
within a landscaped area filled with wood chips, mulch, or rubber chips. The approval of
any plans by Miller shall expire and be of no further force or effect unless construction is
commenced within one year after approval is given.
(c)
Miller's approval of building design, square footage, location, and any
other element influencing the appearance and aesthetics of the Subdivision shall be based
upon the building and use restrictions contained in this Article A, such guidelines as may
be adopted from time-to-time by Miller, and the professional judgment of Miller's
principals, all such factors being in Miller's sole, but reasonable, discretion. Without
limiting Miller's authority, Miller shall have the right to withhold its approval of a
proposed Improvement if the proposed Improvement is too similar in appearance to other
Improvements in proximity, is not consistent with the intent of these Restrictions, or is
not aesthetically compatible with the other Improvements within the Subdivision. Miller
shall take into consideration the suitability of the Improvement in relationship to its
location and in relationship to other existing Improvements, the effect of the proposed
Improvement upon the value of other Improvements in the Subdivision and other lots in
the Subdivision, the construction materials to be utilized, the site upon which it is
4
proposed to be erected, the harmony of the design and exterior colors thereof with other
Improvements, the view and outlook from adjacent properties, the preservation or
enhancement of property values within the Subdivision, and any and all other
considerations which may affect or influence Miller in attempting to comply with the
purposes herein set forth, it being the intent of Declarants to maintain diversity in
appearance and maintain quality of design in the Subdivision.
(d)
The Owner shall submit a minimum of three (3) plans and a plat of survey,
showing the location of the planned Improvement(s), to Miller for Miller's review.
Owner shall receive two (2) signed copies of the plans from Miller upon approval. Any
changes or revisions required by Miller shall first be made to the plans by the Owner and
resubmitted to Miller before final approval is given. Following Miller's final approval,
the plans shall not be materially altered, revised, or amended without Miller's written
consent.
(e)
Notwithstanding the powers reserved to Miller in this Declaration, Miller
shall have no obligation to maintain, and shall not be responsible for maintaining or
protecting, the value of property in the Subdivision.
(f)
Any Structure in existence on the date this Declaration is executed shall be
deemed to be in full compliance with this Declaration. However, should any such
Structure be remodeled, reconstructed, or added to, the remodeling, reconstruction or
addition shall be undertaken in full compliance with this Declaration.
3.
Amendments. Miller or the Homeowners Association (as the case may be), and
no other, shall have the right and authority to modify or to permit variances from these
Restrictions, if in Miller's opinion, the modifications or variance are consistent and compatible
5
with the overall scheme of the Subdivision, provided that no such modification shall be in
violation of governmental laws, rules and regulations, or have the effect of revoking an approval
previously granted in writing hereunder. Notwithstanding the foregoing, any such modifications
or variances shall be at the sole and absolute discretion, aesthetic interpretation and business
judgment of Miller and this paragraph, and any modifications or variances granted hereunder,
shall not in any way be interpreted as, (i) preventing Miller from requiring at any time, and from
time to time, strict compliance with the Restrictions, or (ii) as entitling any other Owner to a
modification or variance except as approved and granted in writing by Miller.
4.
Minimum Home Size. The following minimum sizes for a Dwelling in the
Subdivision shall be based solely on living area within the Dwelling. For the purpose of
computing the square footage of living area within a Dwelling, the basement level and garage
area of a Dwelling shall not be included in the square footage. Miller's determination of the
minimum square footage required for a Dwelling to be built upon a lot shall be final, provided
that the minimum conforms to the zoning requirements. Miller's determination of the
classification of the Dwelling for the purpose of determining the minimum square footage
(i.e., single story, two story or tri-level) shall be final. All Dwellings in the Subdivision shall
have the following minimum living areas:
(a)
A single story Dwelling shall have a minimum of 1,600 square feet of
living area on the first floor of the Dwelling.
(b)
A two story Dwelling shall have a combined minimum of 2,000 square
feet of living area on the two floors of the Dwelling.
(c)
A tri-level Dwelling shall have a combined minimum of 2,000 square feet
of living area on the three floors of the Dwelling.
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5.
Exterior Materials. Exterior walls of all Dwellings must be constructed of
structural or thin-cut face brick, stucco-type material, Dryvit, stone, wood, Hardiplank®
Cedarmill, Hardiplank® Colonial Roughsawn or other similar products approved by Miller.
Staccato board is acceptable if no seams are exposed on certain areas of the home, but its use
must be approved by Miller in writing. In no event shall the exterior, or any portion of the
exterior, of any structure consist of metal or vinyl siding.
6.
Brick and Masonry. Miller may require brick lines, brick accents, or other
decorative architectural detail on Dwellings as an exterior material at the sole discretion of
Miller. Miller strongly recommends using multiple exterior products to enhance the overall
aesthetic appearance of the Dwelling. All exterior chimneys shall be constructed in masonry or
masonry veneer materials. Any exterior chimneys or structural bays must be supported with a
masonry foundation that extends below the frost line.
7.
Casings and Shutters. All windows on Dwellings must be trimmed using casing,
shutters, or any other trim approved in writing by Miller. Unless prior approval in writing is
provided by Miller, windows are required on all four (4) sides of the Dwelling, with a minimum
of two (2) per side. If shutters or window casings and trim are used on windows, they must be
used on all four sides of the Dwelling.
8.
Roofs. All roof areas shall have an appropriate pitch of eight feet in height for
each twelve feet in length (8/12), except for rear dormers and other special circumstances if the
same are approved in writing by Miller. Miller shall have the right to approve a lesser pitch if it
is better suited to the architectural design of the house. All roof areas shall be covered with
wood shakes, 40 year dimensional fiberglass or asphalt shingles, tile, copper, or other approved
metals or other roofing material; however, Miller shall have the right to approve other roofing
7
materials if they are of comparable or superior quality and are better suited to the approved
building design. All roofing materials must be approved by Miller in advance in writing and
such approval shall be in Miller's sole discretion.
9.
Exterior Appearances. All elevations of a Dwelling shall have consistent
appearances. Front entries shall utilize decorative doors.
10.
Water and Sanitary. All Dwellings shall be served by and connected to the
Subdivision water system (or a municipal water system replacing the Subdivision water system)
and the municipal sanitary sewer system serving the Subdivision. No private wells or private onsite wastewater treatment systems are permitted.
11.
Attached Garages. All garages shall be attached to the Dwelling, directly or by
breezeway and all garages shall be constructed at the same time as the Dwelling. Garage
entrances shall be side entry unless existing lot conditions do not permit such side entry. Miller's
determination of architectural design, including garage entrances, shall be final. All driveways,
patios, sidewalks, and walkways shall be paved either with asphalt, concrete, or brick.
12.
Prohibited Improvements. Storage sheds, detached accessory buildings, detached
garages, above-ground swimming pools (including any inflatable swimming pool the inflated
height of which is greater than 18-inches), inflatable play structures (the inflated height of which
is greater than 18-inches and the use of which shall continue for more than 24 continuous hours)
dog houses, pet houses, and kennels; whether temporary or permanent and attached to the ground
or moveable, are prohibited. This prohibition shall be broadly construed so as to carry out
Declarant's intent that lots shall be developed only with a Dwelling and those other
Improvements listed in Section 2 of this Article A.
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13.
Setbacks. All setbacks of improvements shall be approved by Miller. The lots
shall have a minimum setback for a Dwelling from any abutting street right-of-way of 25 feet,
except homes with a side entry garage shall have a minimum road setback of 14.5 feet, the
minimum side yard setback shall be 10 feet, and the minimum rear yard setback shall be 10 feet.
Driveways shall be permitted within the side yard setback, but not closer than five feet to the lot
line, which is in accordance with the requirements of the City of Delafield. These restrictions do
not supersede the setback limitations set forth in the conditional use permit applicable to the
Subdivision, or other municipal regulation. In no event shall a setback be allowed that is less
than that required by the City of Delafield as set forth in the conditional use permit for the
Subdivision.
14.
Erosion Control. During all construction, Owners, and all contractors and
subcontractors, shall comply with all governmental erosion control plan requirements.
15.
Completion of Commenced Work. The construction of all Dwellings, initial
landscaping and paved driveways, shall be completed within 12 months from the start of
construction. In the event that landscaping or driveway construction is not completed within the
12-month time period, Miller or the Homeowners Association, as the case may be, may complete
the landscaping and driveway and charge the Owner for all costs incurred to complete the work,
which charge may be secured by a lien on the lot and improvements. If an Owner chooses to
leave the lot vacant indefinitely, the lot shall be maintained in accordance with all applicable
federal, state, county and municipal laws, codes, regulations, ordinances and this Declaration. If
the lot is not reasonably maintained, Miller or the Homeowners Association may hire a
contractor to maintain the lot and charge the Owner for all costs incurred by Miller or
Homeowners Association, which charge may be secured by a lien on the lot.
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16.
Grading. All lots shall be graded immediately upon completion of construction.
Each Owner must strictly adhere to and finish grade its lot in accordance with the master lot
grading plan, if any, or any amendment thereto approved by the City of Delafield Engineer on
file in the office of the City of Delafield Clerk. The grade shall thereafter be maintained to
strictly comply with the comprehensive grading plan and erosion control standards for the
Subdivision approved by the City of Delafield. Strict compliance with such grading plan shall be
enforced so as to prevent the discharge or redirection of storm water onto any adjacent lots.
Miller, the City of Delafield, and their agents, employees or independent contractors, shall have
the right, but not the obligation, to enter upon any lot, at any time, for the purpose of inspection,
maintenance, or correction of any drainage condition and the Owner shall be responsible for the
cost of any such inspection, maintenance or correction.
17.
Excess Soil. No soil shall be removed from any lot without the prior consent of
Miller or its duly appointed agent. Any excess soil resulting from excavations shall be
transported, at the Owner's expense, to such other places in the Subdivision or on other property
as may be designated by Miller. If Miller, after written request from the Owner for approval to
export excess soil, fails or neglects within three business days to notify the Owner of the place to
which excess soil is to be delivered, the Owner may dispose of such fill at the Owner's own
discretion, but in compliance with all applicable laws and this Declaration. Failure to comply
with this paragraph shall render the Owner liable for damages equal to the cost of acquiring the
same amount and quality of fill improperly disposed of, plus the cost of delivering the same from
its source to the Subdivision.
18.
Street Cleaning or Repair. Each Owner shall cause its contractors to keep the
Subdivision's roads, curbs, gutters, trails, drainage ways and ditches, and right-of-way areas
10
(collectively, "Roads") reasonably clean and free of debris resulting from the construction. In
addition, each Owner shall repair, or cause its contractors to repair, any damage caused to the
Subdivision's Roads by Owner or its contractors. If the Owner does not clean or repair or restore
any damage to the Roads of the Subdivision as required in this section, Miller or the
Homeowners Association, after five (5) days prior written notice to the Owner, shall have the
right, but not the obligation, to clean and repair or restore such Roads and Miller or the
Homeowners Association may require the Owner to pay the cost thereof pursuant to a Special
Assessment as provided in Article B, Section 8 hereof.
19.
Maintenance of Lot During Construction. During construction, the Owner shall
ensure that its contractors maintain a clean construction site, including, but not limited to,
cleanup of all scraps, paper, or other waste materials, and that all access to the lot shall only be
through the approved driveway, and by no other means. In the event that the Owner or its
contractors fail to maintain a clean construction site or enter the lot by means other than the
driveway, Miller or the Homeowners Association shall have the right to perform the necessary
cleanup (including any road clean-up) and make the necessary repairs (including any repairs to
any neighboring lot) and shall be entitled to collect from the Owner all expenses that were
incurred by Miller and the Homeowners Association and to levy a special assessment against the
lot Owner.
20.
Lamppost. Owners will pay for the lamppost at the time of closing on the lot. At
the time of construction of a Dwelling, the Owner shall install, at the Owner's expense, one
outdoor electric lamppost (the design and quality of which shall be specified by Miller), with an
unswitched photo-electric cell, at a location on the lot deemed appropriate, at Miller's discretion.
The lamppost shall be maintained by the Owner, at the Owner's expense, in a proper operating
11
manner. If the Owner fails to maintain the lamppost in proper operating order, maintenance of
the lamppost may, fifteen (15) days after written notice to the Owner, be performed by Miller or
the Homeowners Association and the cost of such maintenance shall be a Special Assessment
against the Owner's lot, payable according to the terms and conditions contained in Article B,
Section 8 hereof.
21.
Landscape Plans. Owners shall submit a landscape plan for review by Miller no
later than at the time a building permit is applied for. Owners are required to plant a minimum of
3 trees in the front yard with a minimum caliper of 2.5 inches.
22.
Mailboxes. Owners will pay for the mailbox at the time of closing. The design
(including materials) and location of each mailbox/newspaper box shall be subject to the
approval of Miller, in Miller's sole discretion.
23.
Fences and Screenings. Plans showing exact locations and construction details of
fences, walls, hedges or mass screening plantings shall be submitted to Miller and be approved in
writing before they may be constructed or planted. Fence approvals are at Miller's sole
discretion and will depend on such items as landscape screening, functionality, location, and
materials. No fences erected on any lot shall be higher than five (5) feet from the graded surface
of the lot. No perimeter lot fencing shall be permitted. If the fence restrictions and ordinances of
the City of Delafield in effect from time-to-time are more restrictive than the restrictions
contained herein, the City of Delafield's restrictions and ordinances shall control and supersede
the terms and conditions contained herein to the extent and solely with respect to those issues for
which such restrictions and ordinances are more restrictive.
24.
Outside Storage. There shall be no outside storage of cars, motorcycles,
snowmobiles, jet skis, boats, trailers, buses, trucks or campers, or any other vehicles or items
12
deemed to be unsightly by Miller or the Homeowners Association. The outside storage or
parking of commercial vehicles is expressly prohibited, and any commercial vehicle must be
housed in a garage.
25.
Miscellaneous Improvements. There shall be no above-ground swimming pools,
sport courts, or satellite dish antennas having a diameter in excess of twenty-four (24) inches.
No antenna or permitted satellite dish shall be mounted or installed on any roof. Any antenna or
permitted satellite dish, if possible without interfering with reception, will be placed and
screened so as to minimize its visibility from roadways and neighboring lots. Notwithstanding
the foregoing, this section shall not supersede any applicable federal or state laws or ordinances
regulating over the air receptive devices. Please see Sections 1, 2, and 12 of this Article A for
additional restrictions on Improvements.
26.
Debris. No lot shall be used in whole or in part for the storage of rubbish or
building materials (other than during the construction of an approved Dwelling or other
permitted Improvements) of any character whatsoever, nor shall any lot be used for the storage
of any property, item or material that shall cause such lot to appear unclean or untidy or that will
be obnoxious or offensive in the opinion of Miller or the Homeowners Association. Trash,
garbage, refuse, debris or other waste kept on any lot in preparation for removal from such lot
shall be kept in sanitary, covered containers, which are stored out of sight of the street and
adjacent property.
27.
No Nuisance. No noxious or offensive activity shall be carried on upon any lot
nor shall anything be done thereon which may be a nuisance to the neighborhood.
28.
Pets. No exterior dog kennel or dog house which is not attached to the Dwelling
shall be constructed or maintained on any lot. All dog kennel plans shall be submitted for prior
13
approval of Miller or the Homeowners Association as the case may be, prior to construction. No
Owner shall keep any pet or pets which create a nuisance to neighboring Owners or the public.
Owners shall comply with all City of Delafield ordinances regarding the keeping and licensing of
pets. All farm animals, poultry, horses, etc., and all animals kept for commercial purposes shall
be strictly prohibited.
29.
Owner's Waiver of Liability and Indemnification of Miller Regarding Storm
Water Detention Ponds and Storm Water Infiltration Ponds. The storm water detention ponds,
infiltration ponds, and Stormwater management devices or structures (collectively, "Ponds")
located within the Subdivision have been created and were required by the City of Delafield to
assist in the removal and detention of storm water from the Subdivision. The Ponds are not
intended to be used for swimming or as recreational facilities, and any such use of the Ponds is
strictly prohibited. Any person entering the Ponds does so at their own risk. By purchase of a
lot in the Subdivision, each Owner and its respective successors, assigns, heirs and personal
representatives, waives, to the fullest extent permitted by law, any and all claims or liability for
damages against the Miller, the Homeowners Association, and their respective agents,
contractors, employees, officers, directors, shareholders, successors and assigns, arising from, or
relating to, bodily injury or property damage sustained in or about, or resulting from the use or
existence of, the Ponds. In addition, each Owner, and their successors, assigns, heirs and
personal representatives, agrees to indemnify, defend and hold harmless Miller, the Homeowners
Association, and their respective agents, contractors, employees, officers, directors, shareholders,
successors and assigns, from and against any and all liabilities, claims, demands, costs and
expenses of every kind and nature (including attorneys' fees), including those arising from any
death, bodily injury or property damage sustained in or about, or resulting from the use or
14
existence of, the Ponds brought by any member of the Owner's family, the Owner's invitees, or
guests.
30.
Enforcement. Miller shall have the right, but not the obligation, to enforce all of
the terms, conditions and restrictions contained herein and any rules or regulations promulgated
hereunder. Any Owner violating the terms, conditions or restrictions contained herein shall be
personally liable for, and shall reimburse Miller for, all costs and expenses, including attorneys'
fees, incurred by Miller in enforcing the terms, conditions and restrictions contained in this
Declaration. Any Owner who causes or allows any improvement or improvements to be
constructed, installed, placed, or altered on that Owner's lot or anywhere else in the Subdivision
without first obtaining the prior written approval of Miller shall, at Miller's discretion, be
required to remove such improvement or improvements in their entirety at the Owner's expense.
The foregoing shall be in addition to any other rights or remedies which may be available at law.
31.
Release of Liability. The Owners, by the purchase of their lots, agree that Miller
shall not be held liable for any good faith decision or decisions made by Miller in enforcing the
terms, conditions and restriction contained herein and in establishing these restrictions.
32.
Assignment of Authority. At such time as Miller determines, in its sole discretion
and subject to this Declaration, Miller shall delegate or assign the authority and responsibilities
of Miller contained herein to the Homeowners Association established according to Article B
herein.
THE SANCTUARY OF DELAFIELD HOMEOWNERS ASSOCIATION
1.
Membership & Power. Each Owner of a lot in the Subdivision shall be a member
in a Wisconsin non-stock, nonprofit corporation to be named the Subdivision Homeowners
15
Association (herein referred to as the "Homeowners Association"). The Homeowners
Association shall be created for purposes of: (a) managing and controlling the common affairs
of the Subdivision, (b) managing, controlling and maintaining any Common Area in the
Subdivision (as defined below), (c) managing, controlling and maintaining the common water
well and water distribution system within the Subdivision; and (d) performing other duties as set
forth herein for the common benefit of the Owners.
2.
Common Areas.
(a)
The term "Common Areas" shall include the following areas of the
Subdivision:
(i)
All outlots, conservancy areas and common areas of the
Subdivision as shown on the Final Plat of the Subdivision.
(ii)
Any area of easements granted to the Owners or Homeowners
Association by Miller as indicated on the Final Plat over portions of the lands
subject to this Declaration.
(iii)
The grass areas, and any fencing and landscaping, contained within
the unimproved portions of any public rights-of-way included with the lands
subject to this Declaration.
(iv)
The Structures and Improvements, and all fixtures and equipment,
associated with or being a part of the common water well and water distribution
system within the Subdivision ("Water System").
(v)
The "Public Parking Easement Area", as that term is defined in the
Parking Lot Easement Agreement by and between Trillium Development, LLC
and the City of Delafield, dated May 8, 2007 and recorded in the office of the
16
Register of Deeds for Waukesha County on May 17, 2007 as document number
3481838, said Public Parking Easement Area being generally referred to as the
Firemen's Park parking lot.
(b)
Each lot shall have an appurtenant undivided fractional ownership interest
in the Common Areas, the numerator of which shall be one (1) and the denominator of
which shall be the total number of lots subject to the Declaration.
3.
Use of Common Areas. All Common Areas and related facilities shall be used for
the common benefit of the Owners of lots in the Subdivision, except as otjherwise restricted by
easement or rules promulgated by the Homeowners Association. Such Common Areas shall not
be used for recreational or other activities by any Owner unless in accordance with the terms,
conditions and restrictions contained herein or as are hereafter adopted or otherwise approved by
Miller or the Homeowners Association. Miller shall have the right to erect signs in the outlots
and Common Areas to promote the sale of lots. Any signs, monuments, structures or other
common facilities constructed by Miller or the Homeowners Association on any Common Areas
shall be operated and properly maintained and repaired by Miller or the Homeowners
Association (as the case may be) so as to be neat and attractive in appearance.
The Homeowners Association shall properly maintain the Common Areas so that they are
neat and attractive in appearance (including, without limitation, proper care and cutting of grass
and other vegetation). The Homeowners Association shall maintain all storm water drainage
facilities (detention ponds, infiltration ponds) so as to ensure that they function properly. The
obligation to maintain the storm water detention ponds and infiltration ponds includes, but is not
limited to, the obligation to clean and dredge such facilities as necessary and/or specified by any
relevant manual for maintenance of the same supplied by the engineer who designed the ponds
17
or as required by the Stormwater Maintenance Agreement entered into by Miller and the City of
Delafield. Any plantings or signs placed in the Subdivision by Miller or the Homeowners
Association at any of the entry locations shall also be considered Common Areas, and shall be
cared for and maintained in the same manners as described above. Any portion of the Common
Area within the public street right-of-way may only be improved or altered with the consent of
the appropriate public authorities.
The Homeowners Association shall be responsible for the operation and maintenance of
the Water System. Declarants hereby grant to Miller and the Homeowners Association an
easement to go upon any lot, or in the case of an emergency, to go into any Dwelling, for
purposes of maintaining or controlling the Water System. The water distribution system shall be
deemed to include only those pipes, fixtures or equipment leading to a Dwelling. All plumbing,
pipes, fixtures or equipment not located outside of a Dwelling are the property and responsibility
of the individual lot owner. In the event the Water System is connected to municipal water
service provided by the City of Delafield, the Water System may be dedicated to the City of
Delafield for continued operation, maintenance and ownership of the Water System by the City
of Delafield, said dedication being without compensation being paid from the City of Delafield
to the lot owners or the Homeowners Association.. Miller and the Board of Directors of the
Homeowners Association are each authorized and empowered to sign all documents and to take
any action necessary to effect the dedication of the Water System to the City of Delafield on
behalf of the lot owners and the Homeowners Association.
The Homeowners Association shall be responsible for the maintenance of the storm water
management measures in the Subdivision. Miller and the Owners, by purchasing a lot in the
Subdivision, agree that the City of Delafield is authorized to access any property to conduct
18
inspections of storm water management practices as necessary to ascertain that the practices are
being maintained and operated in accordance with this agreement and the standard engineering
practices of the City of Delafield. Upon notification to the Homeowner's Association by the City
of Delafield of maintenance problems which require corrections, the specified corrective actions
shall be undertaken within a reasonable time frame as set by the City of Delafield. Miller and its
successors do hereby grant to the City of Delafield and its agents and assigns an easement, over,
under, across and upon the Common Areas for the purposes of inspection and performing
maintenance in the event of the failure of the Homeowner's Association to so perform. This
easement granted by Miller and its successors shall include the right to enter upon the Common
Area to perform any maintenance, repairs, reconstruction or revegetation of the storm water
management measures as may be deemed reasonably necessary by the City of Delafield.
In the event that maintenance of the storm water management measures is not undertaken
by the Homeowner's Association, the City of Delafield shall perform maintenance work on the
storm water management measures if such failure to maintain (i) has a material adverse effect on
property, or (ii) endangers the public health or safety provided, however, that before the City of
Delafield shall have the right to perform any such maintenance pursuant to this section (except in
the case of an emergency situation), the City of Delafield shall provide the Homeowner's
Association with written notice stating with specificity the maintenance activities the City of
Delafield deems to be required with respect to the storm water management measures and the
Homeowner's Association shall have ten (10) days after receipt of such written notice to perform
such maintenance. Said ten-day period shall be extended if the Association has commenced such
maintenance work within the ten-day period and is diligently proceeding to complete the same.
In the case of an emergency situation, as determined in the sole discretion of the City of
19
Delafield, no notice will be required prior to the City of Delafield performing emergency
maintenance. The lot owners will be liable for the failure of the Homeowner's Association to
undertake any repairs, such liability to be pro rata accruing to their actual ownership interest in
the common area.
The costs of any measures undertaken by the City of Delafield pursuant to this Section
shall be assessed against the lot owners pro rata according to their fractional ownership interest
in accordance with the provisions of Section 66.0627, Wis. Stats. It is expressly understood and
acknowledged that such costs shall be deemed a special charge for current services and may be
levied in accordance with the provisions of Section 66.0627, Wis. Stats. Any such assessment
which is not paid within sixty days after billing shall be deemed a delinquent special charge and
shall become a lien upon the lot against which such charge has been assessed. Such delinquent
charges shall be extended upon the current or next tax roll as a delinquent tax against the lot for
which payment has not been received by the City of Delafield, and all proceedings in relation to
the collection, return and sale of the property for delinquent real estate taxes shall apply to such
special charge.
4.
Association Governance. The Homeowners Association shall initially be
governed by a three member Board, hereinafter referred to as the "Board," which shall be
authorized to manage the Homeowners Association. The initial members of the Board will be
appointed by Miller. The number of Board members may be altered subject to restrictions set
forth in the Association's Articles of Incorporation and Bylaws.
5.
Board Members. To qualify as a member of the Board, a person must be an
Owner or a duly designated officer, agent or representative of Miller.
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6.
Terms and Miller's Rights. The term of office of the initial members of the Board
(which have been appointed by Miller) shall commence upon the incorporation of the
Homeowners Association and appointment by Miller, and shall continue until Miller no longer
owns any of the lots then subject to this Declaration. During such initial term, Miller shall have
the right to appoint, remove or replace all three members of the Board. Miller may relinquish or
reassert all or any part of the rights provided to the Board or the Association at any time or times
during such initial term.
7.
Powers. Subject to the rights of Miller as provided in Article B, Section 6 above,
the election, duties, and powers of the Board shall be as provided in the Bylaws of the
Homeowners Association.
8.
Assessments. The Board shall levy and collect assessments in accordance with
the following:
(a)
The Owner of each lot shall be subject to a general annual (or more
frequent, if required) assessment ("General Assessment") equal to its pro rata share of the
costs incurred or anticipated to be incurred by the Homeowners Association in
performing its duties and discharging its obligations hereunder. The pro rata share of an
Owner of a lot shall be a fraction, the numerator of which shall be one and the
denominator of which shall be the total number of lots subject to this Declaration at the
time of the assessment. General Assessments shall include, but not be limited to: taxes;
insurance; repair, replacement and additions to the improvements made to the Common
Areas; equipment; materials; labor, management and supervision thereof; and, all costs
for the Association reasonably incurred in conducting its affairs and enforcing the terms,
conditions and restrictions contained in this Declaration. The General Assessments shall
21
also include all costs and expenses incurred in the operation and maintenance of the
common water well and water distribution system within the Subdivision and the
maintenance of the Firemen's Park parking lot as described in Article B, Section 2 (a) (v).
The Board shall also have the power to levy a special assessment ("Special
Assessment") against any individual Owner for the failure of such Owner to: maintain
said Owner's lot in accordance with the reasonable standard of the Subdivision; install the
seeding, sodding, and/or mulching of the lots; maintain the lamppost and mailbox
required herein; install lawn trees and landscaping required herein; and, failure of said
Owner to comply with the terms, conditions and restrictions contained in this
Declaration.
Herein General Assessments and Special Assessment are sometimes collectively
referred to as "Assessments."
(b)
Assessments shall be approved at a duly convened meeting of the Board.
(c)
Written notice of an Assessment shall be personally delivered to each
Owner subject to the Assessment or delivered by regular mail addressed to the last known
address of such Owner.
(d)
Assessments shall be due and payable on or before thirty (30) days after
the mailing or personal delivery of the notice, as the case may be.
(e)
Assessments not paid when due shall bear interest at the rate of twelve
percent (12%) per annum from the date due until paid, and such unpaid Assessments and
the interest thereon shall constitute a continuing lien on the real estate against which it
was assessed until they have been paid in full. The Assessments and interest thereon
22
shall also be the personal obligation of the Owner of the lot against which the Assessment
was made at the time the assessment was made.
(f)
The Board may record a document with the Register of Deeds in
Waukesha County, Wisconsin, giving notice of a lien for any such unpaid Assessment
and, upon payment or satisfaction of the amount due, record a document canceling or
releasing any such lien. The failure to file any such notice shall not impair the validity of
the lien. All recording and attorney fees relating to any such document or the collection
of an Assessment shall be borne by the affected Owner.
(g)
Upon application by any Owner, any member of the Board may, without
calling a meeting of the Board, provide to such Owner a statement in recordable form
certifying (1) that the signer is a duly elected or appointed member of the Board, and
(2) as to the existence of any unpaid assessments or other amounts due to the
Homeowners Association. Such statement shall be binding upon the Board and shall be
conclusive evidence to any party relying thereon of the payment of any and all
outstanding Assessments or other amounts due to the Homeowners Association.
(h)
Without limiting the availability of all legal and equitable remedies
available to Miller or the Homeowners Association, any lien for Assessments may be
foreclosed by a suit authorized by the Board to be brought on behalf of the Association,
in a like manner as the foreclosure of a mortgage on real property. The affected Owner
shall be responsible for all of the Association's costs in collecting the Assessment,
including, but not limited to, attorneys' fees.
9.
Limitation on Board. During the initial term of the Board, the Board shall not
have the power to make improvements to the Common Area in addition to those then in
23
existence (herein referred to as "Additional Improvements") without the written approval of
Miller. After the initial term, the Board shall not have the power to make Additional
Improvements having a cost in excess of Five Thousand Dollars ($5,000.00) without the consent
of ninety percent (90%) of the then current Owners. Additional Improvements shall be defined
and interpreted so as to not include the cost of maintaining the common water well and water
distribution system within the Subdivision and the Firemen's Park parking lot.
10.
Indemnification of Board. Members of the Board shall not be liable for any
action taken by them in good faith in discharging their duties hereunder, even if such action
involved a mistaken judgment or negligence by the member or agents or employees of the Board.
The Association shall indemnify and hold the members of the Board harmless from and against
any and all costs or expenses, including reasonable attorney's fees, in connection with any suit or
other action relating to the performance of their duties hereunder.
11.
Failure to Enforce Not Waiver. Failure of the Homeowners Association or the
Board to enforce any terms, conditions or restrictions contained in this Declaration, upon the
violation thereof, shall not be deemed to be a waiver of the rights to do so, or an acquiescence in
any subsequent violation.
AMENDMENT PROVISIONS
Any of the provisions of this Declaration may be annulled, waived, changed, modified or
amended at any time by written document setting forth such annulment, waiver, change,
modification or amendment, executed by the Owners of lots having at least seventy five percent
(75%) of the votes in the Association; provided, however, that any such action must also be
approved in writing by Miller so long as it shall be an Owner. This Declaration and all
24
amendments shall be executed as required by law so as to entitle it to be recorded, and shall be
effective upon recording in the office of the Register of Deeds for Waukesha County, Wisconsin.
RESERVATION BY MILLER OF RIGHT TO GRANT EASEMENTS
Miller hereby reserves the right to grant and convey easements to the City of Delafield
and to any public or private utility or communications company, upon, over, through or across
those portions of any lot within 10 feet of any lot line and upon, over, through or across any
portion of any outlot for purposes of allowing the City of Delafield, utility or communications
company to furnish gas, electric, water, sewer, cable television, fiber optic or other utility service
within or through the Subdivision; or through any portions of the Subdivision for purposes of
facilitating drainage of storm or surface water within or through the Subdivision. Miller may
grant such easements in its own name and without the consent or approval of any lot Owner,
until such time as Miller has conveyed legal title to all lots platted or to be platted in the
Subdivision. After that time the Board shall have the power to grant easements to the City of
Delafield and/or to any public or private utility or communications company upon, over, through
or across any portion of any outlot for purposes of allowing the City of Delafield, utility or
communications company to furnish gas, electric, sewer, cable television, fiber optic or other
utility services within or through the Subdivision, or through any portions of any outlots for
purposes of facilitating drainage of storm or surface water within or through the Subdivision.
TERM AND BINDING EFFECT
This Declaration and any amendments shall be in force for a term of 30 years from the
date the Declaration is recorded. Upon the expiration date of such initial 30 year term or any
25
extended term as provided herein, this Declaration shall be automatically extended for a
successive term of 10 years, unless prior to the end of the then-current term a Notice of
Termination is executed by the Owners of at least seventy-five percent (75%) of all lots and their
mortgagees, and is thereafter recorded in the Office of the Register of Deeds of Washington
County. This Declaration shall be a covenant running with all lands within the Subdivision and
shall be binding upon all Owners and any other person claiming under or through Miller.
IN WITNESS WHEREOF, the undersigned have executed this Declaration of
Restrictions this _____ day of ________, 2013.
Miller Capital, LLC.
By: _________________________
Chris Miller, Member
____________________________
Joseph Miller
____________________________
Jane Miller
____________________________
Brian Johnson
____________________________
Margaret Johnson
STATE OF WISCONSIN
WAUKESHA COUNTY
)
) ss.
)
26
Personally came before me this _____ day of ___________, 2013, the above-named
Chris Miller, as member of Miller Capital, LLC, Joseph Miller, Jane Miller, Brian Johnson and
Margaret Johnson, to me known to be the person(s) who executed the foregoing instrument and
acknowledged the same in such capacity.
Notary Public,
State of Wisconsin
My Commission expires on:
9710395v4
27
Storm Water Management Narrative
To:
City of Delafield
RE:
The Sanctuary Development
Sanctuary Lane, Delafield, WI
Storm Water Management Evaluation
Submitted by: Josh Pudelko, M.S., P.E.
Trio Engineering, LLC
Date:
April 23, 2013
Description
The proposed project is a conversion of the existing Sanctuary Condominium, a 20-unit single family condominium
development along Sanctuary Lane, into a 21 lot single family subdivision. A majority of the site improvements for The
Sanctuary have been installed and completed, including the public street, paved parking areas, sanitary sewer,
watermain with well and pump house, storm sewer, grading and stormwater management areas. Two single family
condominiums have already been constructed; they will be integrated into the single family subdivision plan. The
intent is to create a single family subdivision that utilizes and works with the stormwater management plan created for
the original development. The following will describe how the proposed subdivision maintains conformance to the
current approved stormwater management plan.
Current Stormwater Management Plan
The existing development contains three (3) stormwater detention areas that provide stormwater management
meeting City of Delafield Chapter 23 requirements. Curb and gutter along Sanctuary Lane and storm sewer across the
site convey runoff to the stormwater detention areas. The central detention area and stormwater pond in the
northeast corner of the site provide stormwater management for the majority of the development; ultimately
discharging via a riser structure to Main Street. There is a third stormwater detention area along the south side of the
Sanctuary Lane and Lapham Peak Road intersection providing stormwater management for the parking lot at Main
Street & Lapham Peak Road and adjacent development area; this detention area has an overflow spillway discharging
to Lapham Peak Road.
Proposed Single Family Subdivision Plan
The proposed single family subdivision plan generally matches the original approved condominium plan. All existing
stormwater detention areas and storm water management easements will remain in place (and detention areas
unchanged); all storm sewer and drainage easements will be preserved. The size of homes and extent of driveway,
sidewalk and patio associated with the single family home sites are anticipated to be similar to the high end
condominiums originally planned for this project.
There are a few minor adjustments to the site plan that allow for the creation of one new single family lot. The area of
proposed lots 18 and 19 originally called for one condominium and a cross roads of asphalt paved trails; the
subdivision plan now proposes two single family lots in this area. The area around proposed lot 11 originally called for
two condominiums; the subdivision plan now proposes one home on lot 11 and a new home on nearby lot 12, slightly
further west and now on the north side of Sanctuary Lane. The asphalt paths that were originally proposed around the
condominium site will not be part of the single family subdivision plan.
CONSULTING ENGINEERING
LAND SURVEYING
LAND PLANNING
Trio Engineering, LLC • 17700 W. Capitol Drive Brookfield, WI 53045 • t: 262.790.1480 f: 262.790.1481 • jpudelko@trioeng.com
Proposed Storm Water Evaluation
Recognizing that 1) the proposed single family lot home sites will generally match the size and extent of home,
driveway, sidewalk and patio planned for the original condominium development; 2) the layout generally conforms to
the original development plan; and 3) the storm water management easements and detention areas will not be
changed or affected as part of this conversion to a single family subdivision – this storm water evaluation will focus on
how the addition of one new home site is accommodated by the existing stormwater management facilities.
To do this, we will identify the expected impervious area for a single family lot home site and compare to the
impervious area “credit” created by not installing the asphalt trail networks around the site and shelter area near the
central stormwater detention area.
•
The two existing single family condominiums, with driveway, and sidewalk/patio areas average approximately
5,015 s.f. of impervious area each; these condominium sites are representative of all condominiums planned
within this development.
•
The 870’ of asphalt trails and shelter area proposed in the central portion of the condominium development
total approximately 4,950 s.f. of impervious area. The 375’ of asphalt trail proposed around and through the
northeast corner of the condominium development, tributary to the northeast pond, totals approximately
1,500 s.f. of impervious area. Together, the condominium project contained 6,450 s.f. of impervious area
associated with the asphalt trail network that will not be part of the single family subdivision.
•
Given that the amount of asphalt trail impervious area exceeds the impervious area of a single family home
site, one additional single family home site, or lot, can be added to the development without impacting or
changing the function of the approved stormwater management plan.
Conclusion
Based on the foregoing, the proposed single family subdivision should be developed with single family home sites that
generally match the total amount of building, driveway, sidewalk and patio anticipated for the original condominiums.
One new single family lot can be integrated into the development without impacting the approved stormwater
management plan by not installing the asphalt trail network and shelter area proposed as part of the condominium
project. Based on these area calculations, by not installing the asphalt trails, the proposed single family subdivision
will have an excess of 6,450 s.f. of impervious area that can be assigned to the new single family lot.
As part of the final planning for this project, an amendment to the stormwater maintenance agreement will be
necessary to identify the proposed homeowners association as the entity responsible for the maintenance of the
stormwater practices, and to describe the stormwater facilities as being located in new Outlots associated with the
proposed Final Plat.
Please feel free to contact our office at 262-790-1480 with any questions or to further discuss. We look forward to
working with the City to bring this project to a successful completion.
Sincerely,
Josh Pudelko
Joshua D. Pudelko, M.S., P.E.
Trio Engineering
C:\Trio Engineering\2013-Florida Week\Sanctuary_2013-04-22\Stormwater Narrative-Sanctuary_2013-04-22.doc
2
To:
From:
Date:
May 31, 2013
Subject:
Fire Consolidation Discussions
As you are all aware, the Lake Country Fire & Rescue Department Consolidation Committee
has been engaged in discussions with the City of Oconomowoc. Alderman MacDougall will
provide an update to the Council regarding the progress of these meetings thus far. I have also
included an action item on the agenda for the Council to consider making a recommendation to
the Consolidation Committee to hire a consultant to review the costs and funding formulas
being considered. I believe that it is prudent and necessary to ensure that the numbers,
assumptions and calculations being utilized are reviewed by an outside authority to ensure that
any projected cost savings are likely to be realized. The hiring of a consultant for this purpose
would be consistent with the process that was undertaken for the original consolidation between
the City of Delafield and the Villages of Nashotah and Chenequa.
ENGINEERS
LANDSCAPE ARCHITECTS
MEMORANDUM
SURVEYORS
PLANNERS
TO
FROM
RE:
Mr. Tom Hafner, Administrator
Mark Mickelson, P.E.
Bark River LOMR Update
DATE
PROJECT NO.
May 31, 2013
1998.793
501 MAPLE AVENUE
DELAFIELD, WISCONSIN 53018
262-646-6855
FAX 262-646-6864
Appeal Update
Dear Tom,
We have followed up with the WDNR following the Appeal of the LOMR last week. The good news is they
understand and accept the Appeal. Unfortunately, because the Appeal is changing elevations through the
lake, FEMA regulations require new maps to be published and another 90 day appeal period for review. They
offered us two different options for implementation of the Appeal data.
A. New Maps and Appeal Period
This option will require new maps, data tables and profiles to be printed, published, and publicly noticed for
another mandatory 90 day review and appeal period. Ultimately, this results in an additional 4-5 month delay
in the final issuance of the Letter of Final Determination and implementation of the maps. The entire Bark
River corridor needs to be done, even if there are no changes elsewhere. The Appeal only changes the flood
plain from the Nagawicka Dam to approximately the Nagawicka Rd bridge. An additional Appeal was
completed for the Village of Summit in the Venice Beach Rd area, which would be included in this process.
B. Acceptance of Maps and Implementation of Appeal Data in upcoming Waukesha Co. Risk Maps
The WDNR is in the final stages of another round of Flood Mapping upgrades in Waukesha County, where
they have re-studied the Oconomowoc and Ashippun Rivers, and completed new studies to delineate several
unstudied areas including Scuppernong Creek. They recommended a course to us whereby the currently
proposed Bark River Maps be approved, and the Appeal Data be implemented into this next phase of
mapping, which is underway and due for public notification fairly soon. This option allows the majority of the
lake residents, and the entire Bark River corridor, quicker relief from flood insurance. It appears that only a
handful of residences in the Sylvester Dr. neighborhood would still be effected.
Option A provides for a more controlled time period for full implementation of the LOMR for the City of
Delafield, but unfortunately adds a 4-5 month delay in the process. It also effects the neighboring
communities, who are also waiting for the beneficial relief these maps will provide.
Option B allows final approval of the Bark River LOMR and relief to the majority of the lake residences and
Bark River property owners, without further delay. The unknown is the time period for new Waukesha Co.
maps to be finally approved and implement the Appeal Data, as the WDNR simply can't predict if the maps
will be readily accepted, or if additional appeal periods would be needed for them. The WDNR felt the
Waukesha Co. mapping process would be just slightly behind Option A, but would likely have overlapping
appeal periods, which would be confusing.
We will be in attendance at the Common Council Meeting this Monday night to answer any questions, and
discuss the matter in more detail.
Sincerely,
Mark Mickelson
Not…”Dredging” Up The Past
A New Look At A New Project
And Consider The Restoration & Preservation Of
Nagawicka Lake
Agenda
• The Bark River Inlet Project
– Plan
– Update
– Opportunity
• The Need to Act
• The Costs Involved
Bark River Inlet Dredging Plan
• 22 homeowners
• 100 feet from shore
• 12,000 cubic yards of
sediment
• $410,000 Total
• Between July and
October of this year
Still moving forward despite numerous hurdles.
Bark River Inlet Dredging Update
• Chapter 30 Permit:
Waiting for the
completion of the 30day notice period.
• Contracts have been
finalized as of Jun 1 and
have been sent out.
An Opportunity Still Exists…
• Problem
Widespread Sediment Restricting Boat Launching, Shoreline
Swimming, Fishing, Boating, Lake Clarity, diminishing property
values and shoreline
• Cause
SEWRPC data indicates an average 3750 Tons (150 Dump-Trucks
loads) Sediment comes into the lake; 2900 Tons from the Bark
River, Every Year
• Solution
Intercept the Sediment at the Bark River inlet by dredging 28000
CY (cubic yards) and Installing a Sediment Trap; It’s the only way!
Is The Time Is Right?
• From City Of Delafield Web Site –
– Value of the lake, Number 1 Asset
– Smart Plan sites conditions having a negative impact
• The Advantage Of Adding On To This Project
– Contractor on site and set up, $savings / X%
– Increases Overall Restoration Efforts
– Improve Odds Of Project Longevity
• Area Is A Navigation And Safety Hazard
– A request to mark the area accordingly if not restored
What Would it Cost the City?
Total Cubic Yards
- Property Owners
Net Volume to Complete
Total Cost
- Property Owners
Net Cost to Complete
28,000 cu/yds
- 12,000 cu/yds
16,000 cu/yds
$953,400
- $408,600
$544,800
Summary
• The Bark River Inlet shorefront dredging
Project is moving forward
• Cost Savings For City Are Significant
• Begin Acting On Smart Plan
• Major Community Assets Are Complete
– Fire Station
– Library
Questions?
If not Dredged, Designate Restricted Area, Safety, lowers assess values
Dredging Preserve Homeowner Investment, preserves tax base
Not
To
Scale
Google Earth 2012
To:
From:
Date:
May 31, 2013
Subject:
Public Sidewalk Easement – Riley Property – 1018 Milwaukee Street
Included in this packet for your review and approval is a Sidewalk Easement granted by R Todd
and Nancy Riley to the City of Delafield for the purpose of installing public sidewalk as part of
the upcoming Milwaukee Street Project. This easement will allow the sidewalk to meander
slightly onto private property for a short distance to avoid the removal of a single tree located in
the public right-of-way. I recommend approval of this easement agreement.
2014 Consensus Oriented Budget Process Timeline
As of 5/16/2013
Meetings shown in italics below are public meetings. Committee and Commission Chairpersons are strongly
encouraged to participate in the budget process. Please call Tom Hafner with any questions at 262-303-4626.
Date
Time
Meeting Location
Department/Commission Capital Budget (CIP) Drafts to Administrator/Public
Works Director
7/15/2013
8:00 a.m.
Electronic Submittal Please
Public Works Committee CIP Review & Recommendation
8/7/2013
6:30 p.m.
Council Chambers
Department/Commission Operating Budget Draft Submittals Due to Finance
Officer (spreadsheets only)
8/5/2013
8:00 a.m.
Department/Commission Operating Budget Submittals Due to Finance
Officer (final spreadsheets & transmittal letters)
8/26/2013
8:00 a.m.
Draft budget from Finance Officer to Administrator/Public Works Director
9/9/2013
8:00 a.m.
Administrator/Public Works Director's Budget Transmittal Letter to Finance
Officer
9/20/2013
8:00 a.m.
Distribute 2013 Draft Budget Books to Common Council
10/7/2013
Common Council and Department Head Budget Workshop
10/14/2013
6:00 p.m.
Public Safety Training Room
Finance Officer's submission of Public Hearing Notice to LCR
10/21/2013
Noon
Public Hearing on Budget and Tax Levy
11/4/2013
7:00 p.m.
Council Chambers
Approve Final Budget and Tax Levy
11/18/2013
7:00 p.m.
Council Chambers
F:\Budget\2014\2014 Budget Calendar
MEMO
TO:
City Administrator
FROM:
DATE:
SUBJECT:
#8b1 – REPORTS – CLERK - ORDINANCE & RESOLUTION UPDATES
For your reference, below is the 2013 Ordinance & Resolution Log. The items in yellow are those that are currently being worked
on.
675
676
2013 ORDINANCES
An Ordinance Updating The City Of Delafield Municipal Code
Repeal & Recreate Section 13.05(6) Related to Del-Hart Connection Charges
2013-01
2013-02
2013-03
2013-04
2013-05
2013-06
2013-07
2013 RESOLUTIONS
Requesting Grant Funding From the Wisconsin Department of Natural Resources Through the River
Protection Grant Program
Designating Public Depositories
Resolution directing the advertisement and sale of General Obligation Notes, Series 2013, of the City
of Delafield, Waukesha County, Wisconsin in an aggregate principal amount not to exceed
$1,485,000
Requesting Outdoor Recreation Aids From the Wisconsin Department of Natural Resources for the
Wells Street Recreational Trail.
Post-Issuance Debt Policy for the Issuance of Tax-Exempt and Tax-Advantaged Debt Obligations
Resolution determining to borrow $1,485,000 and to issue General Obligation Promissory Notes,
Series 2013A, of the City of Delafield, Waukesha County, Wisconsin, in such amount, providing
details, prescribing the form of note, awarding the notes to the best bidder, and levying taxes
CMAR Compliance
01/07/13
01/21/13
03/18/13
04/16/13
04/15/13
04/15/13
04/15/13
05/20/13
06/03/13
MEMO
TO:
City Administrator
FROM:
DATE:
SUBJECT:
#8b2 – REPORTS – CLERK – UPDATES
MARCH RECORDS UPDATE: Since there shouldn’t be any more elections this year, the Clerk’s Office resumed the records project we
started in 2011 and had to put on hold in 2012. We have been reviewing every file in the office and determining if it needs to be kept
physically and if it does, for how long. If it doesn’t, we scan it and destroy it. There are a lot of files to go through but we’ve made
great progress on this part of the project, specifically the “general files” and DPW files. While continuing to work on that project,
we’ve started a new one which involves digitally filing (and entering specific data into a template since permits are handwritten)
EVERY building, plumbing, electrical, HVAC and erosion control permit issued in the City since 1959 in a property tax key folder in
Laserfiche. In case you were wondering how many that is, it is 15,445 to be exact. We have many requests for old permits that were
issued and they are hard to find as they are currently filed by year and permit number. Once this project is compete we can go into
that property’s tax key folder and find every permit that was ever issued for that property. Other items will be going into the tax key
folder as well like Plan Commission agenda applications, zoning violations and anything related to that property. This project will
create the most comprehensive and compete property record for each property in the city. We are also working on creating a digital
process for processing forms we receive that need other department’s approval such as event packets, bartenders and fireworks
permits without having to handle the document more than once, approving and filing the forms digitally. We are very excited about
these projects as the result makes it easier for us to locate information requested by us on a daily basis.
JUNE UPDATE TO THE MARCH UPDATE: The permit project is moving along nicely. We found about 2,000 more permits to be
scanned and processed since the last update. Out of approximately 17,000 records to enter template data for, we have about 9,000
left to do, then they can be moved electronically into each tax key folder. We’ve made it through the “historical files” file drawers.
Many of the items which were in there were already in Laserfiche or in another physical file. A few of the items of historical
significance were sent to Hawks Inn since they can preserve those records better than the City can. Once we finish the permit
project we can move on to the Tax Key folders and migrate the physical Tax Key folders into the Laserfiche files and have complete
property record files. Much of this scanning can and will be done in the office but there will be many items which we will not be
able to scan due to the physical size of the document. I will be adding money to the 2014 Administration Budget to cover this
expense.
Also, after researching other municipality’s condensed minutes I found a better and more cost efficient way to condense the
Common Council minutes which statutorily have to be published in the paper. The majority of municipalities who publish their
minutes only include the items which action was taken. Below is a screen shot of how I USED to do the condensed minutes:
Below is a screen shot of how I NOW do the condensed minutes:
They are MUCH shorter and MUCH cheaper to publish in the LCR. In fact doing it this way has saved the City over $100
PER MEETING. I started using the new method in February and am pleased with the minutes and the cost savings.
Last week I attended and taught at the IIMC (International Institute of Municipal Clerks) Conference. As always this conference has
top notch classes and network opportunities. Lots of classes regarding records management, technology, social media, human
resources, etc. Here is a screen shot of the handouts we received before the conference started:
INVOICE APPROVAL LIST BY FUND REPORT
CITY OF DELAFIELD
Fund/Dept/Acct
Date:
Time:
Page:
05/30/2013
2:24 pm
1
Posting Date
Amount
qqqq
Vendor Name
Invoice #
Invoice Desc.
Check #
Due Date
Fund: 100 General Fund
Dept: 00
100-00-21550.000.000 UNION DUE
DPPA
PD UNION DUES
73224
05/21/2013
05/21/2013
222.75
222.75
100-00-21570.000.000 TSA DEDUC
ICMA RETIREMENT TRUST 4
ICMA RETIREMENT TRUST 4
DEF COMP - BECKER
DEF COMP - NYREN
73225
73225
05/21/2013
05/21/2013
05/21/2013
05/21/2013
300.00
50.00
350.00
100-00-21580.000.000 GARNISHM
SIMPSON/TAMMY//
WISCTF
WISCTF
WISCTF
PPE 5-18-13
1ST EMPLOYEE
2ND EMPLOYEE
3RD EMPLOYEE
73226
73227
73227
73227
05/21/2013
05/21/2013
05/21/2013
05/21/2013
05/21/2013
05/21/2013
05/21/2013
05/21/2013
207.69
341.99
251.07
230.77
1,031.52
100-00-23175.000.000 FISH HATC
MILLER/KRISTIE//
FISH HATCHERY DEPOSIT REF
73230
05/24/2013
05/24/2013
150.00
150.00
Total Dept. 00:
1,754.27
Dept: 10 Administration
100-10-51100.211.000 COUNCIL E
YAGGY COLBY ASSOCIATES
MARCH 2013
73228
05/22/2013
05/22/2013
145.50
145.50
100-10-51100.390.000 COUNCIL S
COMPETITOR AWARDS & EN
40825 NAMEPLATE-LAZYNSKI
73237
06/01/2013
06/01/2013
13.79
13.79
100-10-51300.214.000 LEGAL COU
CRAMER MULTHAUF & HAMM
APRIL 2013
73239
06/01/2013
06/01/2013
2,226.75
2,226.75
100-10-51400.240.000 GEN ADMIN
KLEAN LINE, LLC
JUNE 2013
73255
06/01/2013
06/01/2013
190.00
190.00
100-10-51400.291.000 GEN ADMIN
TAYLOR COMPUTER SERVIC
EMAIL ARCHIVE
73279
06/01/2013
06/01/2013
334.88
334.88
100-10-51400.293.000 ADMIN SOF
COMPUTER TECHNOLOGIES
14504 QUICKFIELD/WORKFLOW ISSU
73238
06/01/2013
06/01/2013
387.50
387.50
100-10-51400.340.000 GEN ADMIN
STAPLES ADVANTAGE
3200274824 TONER
73275
06/01/2013
06/01/2013
401.37
401.37
100-10-51400.390.000 GEN ADMIN
STAPLES ADVANTAGE
3200274824 TONER
73275
06/01/2013
06/01/2013
0.00
0.00
100-10-51517.212.000 CONTRACT
DIVERSIFIED BENEFIT SERV
164204 MAY FSA
73241
06/01/2013
06/01/2013
85.00
85.00
100-10-51600.350.000 GENERAL B
KAIN ENERGY CORP
01-050213 HVAC REPAIRS
73253
06/01/2013
06/01/2013
190.00
CITY OF DELAFIELD
Fund/Dept/Acct
Date:
Time:
Page:
05/30/2013
2:24 pm
2
Posting Date
Amount
qqqq
Vendor Name
L-R METER TESTING & REPA
TYCO INTEGRATED SECURIT
Invoice Desc.
Check #
3638 DPW
JUNE-AUG 2013
73258
73282
Invoice #
Due Date
06/01/2013
06/01/2013
06/01/2013
06/01/2013
117.50
30.86
338.36
100-10-51600.350.100 PUBLIC SA
JM BRENNAN INC
JM BRENNAN INC
KLEAN LINE, LLC
KLEAN LINE, LLC
KLEAN LINE, LLC
KLEAN LINE, LLC
45672 PSB REPAIRS
45641 PSB REPAIRS
JUNE 2013
JUNE 2013
4137 CITY HALL SUPPLIES
JUNE-AUG 2013
73252
73252
73255
73255
73256
73256
73282
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
469.50
89.94
190.00
12.50
336.45
0.00
59.76
1,158.15
Total Dept. Administration:
5,281.30
Dept: 15 Municipal Court
100-15-51200.220.000 MUNI COUR
STEINBORN/LISA//
REIMBURSEMENT RR/PHONE
73276
06/01/2013
06/01/2013
44.45
44.45
100-15-51200.390.000 MUNI COUR
MILES/MICHAEL J//
MAY 2013
73263
06/01/2013
06/01/2013
114.00
114.00
100-15-51300.216.000 LEGAL PRO
MARK HERRO
APRIL 2013
APRIL - PD
73239
73262
06/01/2013
06/01/2013
06/01/2013
06/01/2013
2,017.50
55.00
2,072.50
Total Dept. Municipal Court:
2,230.95
Dept: 20 Police
100-20-46213.000.000 PD BOAT S
DEPT OF NATURAL RESOUR
BOAT SAFETY CLASSES
73229
05/24/2013
05/24/2013
160.00
160.00
100-20-52100.240.000 POLICE DE
KLEAN LINE, LLC
KLEAN LINE, LLC
JUNE 2013
JUNE 2013
73255
73255
06/01/2013
06/01/2013
06/01/2013
06/01/2013
12.50
190.00
202.50
100-20-52100.293.000 PD SOFTW
TAYLOR COMPUTER SERVIC
11663 SQUAD 1 PC REPAIR
73279
06/01/2013
06/01/2013
450.00
450.00
100-20-52100.330.000 PD TRAININ
BLOEDOW/DANIEL//
BURKE/DOUGLAS//
DEPT OF NATURAL RESOUR
HAGEN/ROBERT//
J&J TOWING AND RECOVER
NYREN/LANDON//
UW LAW SCHOOL
TRAINING REIMBURSEMENT
BOAT SAFETY CLASSES
43363 PD
TUITION REIMBURSEMENT
WI JURY INSTRUCTIONS
73234
73235
73229
73249
73250
73266
73284
06/01/2013
06/01/2013
05/24/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
05/24/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
127.00
127.00
10.00
25.00
150.00
2,691.62
80.00
3,210.62
100-20-52100.340.000 PD OPERAT
5 ALARM FIRE SAFETY EQUI
5 ALARM FIRE SAFETY EQUI
CENTURY SPRINGS
DORSEY/TINA//
LARK UNIFORM INC
LARK UNIFORM INC
130423-1 PD
129754-1 PD
PD
UNIFORM REIMBURSEMENT
139930 PD
140696 PD
73231
73231
73236
73242
73259
73259
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
95.00
56.00
85.75
108.00
16.95
129.90
CITY OF DELAFIELD
Fund/Dept/Acct
Date:
Time:
Page:
05/30/2013
2:24 pm
3
Posting Date
Amount
qqqq
Vendor Name
QUILL CORPORATION
RED THE UNIFORM TAILOR
STREICHER'S
WAUKESHA COUNTY TREAS
Invoice #
Invoice Desc.
Check #
2592771 PD
W54871 PD
UNIFORM-W HOFFMAN
2013-00000096 APRIL 2013 PRISONER HOUSIN
73269
73270
73277
73285
Due Date
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
302.42
23.18
75.00
140.60
1,032.80
100-20-52100.350.000 POLICE DE
JM BRENNAN INC
JM BRENNAN INC
45672 PSB REPAIRS
45641 PSB REPAIRS
3638 DPW
JUNE-AUG 2013
73252
73252
73258
73282
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
293.92
56.31
117.50
37.41
505.14
100-20-52100.351.000 POLICE DE
GREAT LAKES QUICK LUBE,
KLEAN LINE, LLC
TOMS AUTO BODY
PD
30348 2012 PD TAHOE
73248
73256
73281
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
102.76
224.30
63.18
390.24
Total Dept. Police:
5,951.30
Dept: 30 Highways and Streets
100-30-53240.340.000 MACHINER
BIG JIM'S SMALL ENGINE SE
BIG JIM'S SMALL ENGINE SE
DUVALL/CHAD//
EMERGENCY MEDICAL PRO
EWALD MOTORS OF OCONO
FASTENAL INDUSTRIAL & CO
KRELWITZ/NICK//
SERWE IMPLEMENT, LLC
UTILITY SALES AND SERVIC
YES EQUIPMENT & SERVICE
27300
26980
681000
1553344
29353
541745
ERS HOUSING
IGNITION COIL
CLOTHING ALLOWANCE
DPW
DPW
DPW
2013 CLOTHING ALLOWANCE
645 DPW
0049571 DPW
187026 DPW
73232
73232
73243
73244
73245
73246
73257
73274
73283
73287
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
10.08
96.76
25.28
80.25
68.58
47.37
29.52
147.59
625.51
149.19
1,280.13
100-30-53270.350.000 HWY BLDG
KLEAN LINE, LLC
KLEAN LINE, LLC
LYONS ELECTRIC
541745 DPW
JUNE 2013
3638 DPW
29348 DPW
73246
73255
73256
73258
73261
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
0.00
200.00
0.00
117.50
320.23
637.73
100-30-53300.211.000 PUBLIC WO
MARCH 2013
73228
05/22/2013
05/22/2013
1,843.00
1,843.00
100-30-53300.371.000 STREET SE
SWEEP-ALL MECHANICAL SW
19584 SWEEP ROADWAYS
73278
06/01/2013
06/01/2013
4,454.00
4,454.00
100-30-53300.373.000 STREETS S
RHOMAR INDUSTRIES INC
75938 DPW
73272
06/01/2013
06/01/2013
524.49
524.49
100-30-53300.375.000 ST TREES A
JENSEN EQUIPMENT COMPA
MJB INDUSTRIES INC
J480791 DPW
5725 DPW
73251
73264
06/01/2013
06/01/2013
06/01/2013
06/01/2013
275.16
7,540.00
7,815.16
Total Dept. Highways and Streets:
Dept: 55 Parks and Recreation
16,554.51
CITY OF DELAFIELD
Fund/Dept/Acct
Date:
Time:
Page:
05/30/2013
2:24 pm
4
Posting Date
Amount
qqqq
Vendor Name
Invoice #
Invoice Desc.
Check #
Due Date
100-55-51610.350.000 FISH HATC
KLEAN LINE, LLC
KLEAN LINE, LLC
KLEAN LINE, LLC
SANDY SPRING FARM
JUNE 2013
JUNE 2013
24 STOCKING FH POND
73255
73255
73256
73273
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
06/01/2013
200.00
200.00
0.00
475.20
875.20
100-55-51610.350.100 FISH HATC
PORT-A-JOHN
SEASONAL RESTROOMS
73267
06/01/2013
06/01/2013
145.00
145.00
100-55-55200.343.340 LEGION EX
BLOCK IRON & SUPPLY COM
WHITEWATER LIMESTONE IN
241696 DPW
12881 BASEBALL MIX
73233
73286
06/01/2013
06/01/2013
06/01/2013
06/01/2013
66.15
70.31
136.46
100-55-55200.390.000 PARK & RE
1553344 DPW
73244
06/01/2013
06/01/2013
53.50
53.50
100-55-55204.390.000 ST JOHN'S
LYONS ELECTRIC
29348 DPW
73261
06/01/2013
06/01/2013
0.00
0.00
100-55-55208.340.000 BLEEKER S
PORT-A-JOHN
SEASONAL RESTROOMS
73267
06/01/2013
06/01/2013
60.00
60.00
100-55-55210.340.000 BOSTROM
PORT-A-JOHN
SEASONAL RESTROOMS
73267
06/01/2013
06/01/2013
85.00
85.00
100-55-55300.340.000 RECREATIO
KLEAN LINE, LLC
KLEAN LINE, LLC
JUNE 2013
73255
73256
06/01/2013
06/01/2013
06/01/2013
06/01/2013
225.00
0.00
225.00
Total Dept. Parks and Recreation:
1,580.16
Dept: 58 Cable TV
100-58-55350.390.000 CABLE TV E
MILES/MICHAEL J//
MAY 2013
73263
06/01/2013
06/01/2013
418.00
418.00
Total Dept. Cable TV:
418.00
Dept: 60 Planning and Developme
100-60-56111.390.000 LAKE WELF
NORTH AMER LAKE MGT SO
MEMBERSHIP
73265
06/01/2013
06/01/2013
250.00
250.00
100-60-56300.211.000 PLANNING
MARCH 2013
73228
05/22/2013
05/22/2013
2,367.80
2,367.80
otal Dept. Planning and Development:
2,617.80
Total Fund General Fund:
36,388.29
Fund: 250 Charge Back/Develope
Dept: 10 Administration
250-10-51100.211.000 COUNCIL E
MARCH 2013
73228
05/22/2013
05/22/2013
1,836.25
CITY OF DELAFIELD
Fund/Dept/Acct
Date:
Time:
Page:
05/30/2013
2:24 pm
5
Posting Date
Amount
qqqq
Vendor Name
Invoice #
Invoice Desc.
Check #
Due Date
1,836.25
250-10-51300.214.000 LEGAL COU
APRIL 2013
73239
06/01/2013
06/01/2013
902.50
902.50
Total Dept. Administration:
2,738.75
ge Back/Developers Fund:
2,738.75
Fund: 405 Delafield Woods TID #4
Dept: 60 Planning and Developme
405-60-56600.211.000 DEVELOPE
MARCH 2013
73228
05/22/2013
05/22/2013
654.00
654.00
otal Dept. Planning and Development:
654.00
nd Delafield Woods TID #4:
654.00
Fund: 410 Capital Fund
Dept: 70 Capital Outlay
410-70-57310.000.000 HIGHWAY S
MARCH 2013
73228
05/22/2013
05/22/2013
4,872.95
4,872.95
410-70-57311.000.000 HWY EQUIP
REINDERS, INC.
2534681-00 STAND UP MOWER FOR CEME
73271
06/01/2013
06/01/2013
6,970.00
6,970.00
Total Dept. Capital Outlay:
11,842.95
Total Fund Capital Fund:
11,842.95
Fund: 500 Library Fund
Dept: 50 Library
500-50-55110.240.000 LIBRARY JA
KLEAN LINE, LLC
JUNE 2013
73255
06/01/2013
06/01/2013
410.00
410.00
500-50-55110.350.000 LIB BUILDIN
JM BRENNAN INC
45624 LIBRARY REPAIR
JUNE-AUG 2013
73252
73282
06/01/2013
06/01/2013
06/01/2013
06/01/2013
352.50
61.25
413.75
Total Dept. Library:
823.75
Total Fund Library Fund:
823.75
Fund: 600 Water Utility
Dept: 35 Water Utility
600-35-56300.211.000 PLANNING
MARCH 2013
73228
05/22/2013
05/22/2013
574.80
574.80
600-35-64000.000.000 WATER MA
3638 DPW
73258
06/01/2013
06/01/2013
117.50
117.50
Total Dept. Water Utility:
692.30
CITY OF DELAFIELD
Fund/Dept/Acct
Date:
Time:
Page:
05/30/2013
2:24 pm
6
Posting Date
Amount
qqqq
Vendor Name
Invoice #
Invoice Desc.
Check #
Due Date
Total Fund Water Utility:
692.30
Fund: 602 Sewer Utility
Dept: 00
602-00-18346.000.000 METERS
3638 DPW
73258
06/01/2013
06/01/2013
1,506.30
1,506.30
602-00-24000.000.000 DUE TO OT
DELAFIELD-HARTLAND POLL
MAY 2013
73240
06/01/2013
06/01/2013
52,068.00
52,068.00
Total Dept. 00:
53,574.30
Dept: 38 Sewer Utility
602-38-51400.240.000 GEN ADMIN
KLEAN LINE, LLC
KLEAN LINE, LLC
JUNE 2013
73255
73256
06/01/2013
06/01/2013
06/01/2013
06/01/2013
190.00
0.00
190.00
602-38-51400.340.000 GEN ADMIN
STAPLES ADVANTAGE
3200274824 TONER
73275
06/01/2013
06/01/2013
401.37
401.37
602-38-53240.340.000 MACHINER
PRAXAIR DISTRIBUTION INC
46199780 DPW
73268
06/01/2013
06/01/2013
39.53
39.53
602-38-53270.350.000 HWY BLDG
GRAINGER
9142980276 DPW
73247
06/01/2013
06/01/2013
193.73
193.73
602-38-53614.360.000 PIPE TELEV
THE EXPEDITERS INC
1058 CLEAN LIFT STATIONS
73280
06/01/2013
06/01/2013
1,100.00
1,100.00
602-38-53614.390.000 SEWER MA
LW ALLEN INC
94681 FLOAT SWITCH
73260
06/01/2013
06/01/2013
233.01
233.01
602-38-53710.340.000 SAFETY EQ
1553344 DPW
541745 DPW
73244
73246
06/01/2013
06/01/2013
06/01/2013
06/01/2013
168.30
0.00
168.30
602-38-53900.999.000 USER FEE/
DELAFIELD-HARTLAND POLL
MAY 2013
73240
06/01/2013
06/01/2013
52,471.38
52,471.38
602-38-56300.211.000 PLANNING
MARCH 2013
73228
05/22/2013
05/22/2013
574.80
574.80
Total Dept. Sewer Utility:
55,372.12
Total Fund Sewer Utility:
108,946.42
Fund: 610 Storm Water Utility
Dept: 39 Storm Water Utility
610-39-53650.392.000 83/94 ADDL
SWEEP-ALL MECHANICAL SW
19583 SWEEP ROADWAYS
73278
06/01/2013
06/01/2013
646.00
646.00
CITY OF DELAFIELD
Fund/Dept/Acct
Date:
Time:
Page:
05/30/2013
2:24 pm
7
Posting Date
Amount
qqqq
Vendor Name
Invoice #
Invoice Desc.
Check #
Due Date
610-39-56300.211.000 PLANNING
MARCH 2013
MARCH 2013
73228
73228
05/22/2013
05/22/2013
05/22/2013
05/22/2013
0.00
1,101.15
1,101.15
Total Dept. Storm Water Utility:
1,747.15
l Fund Storm Water Utility:
1,747.15
Grand Total:
163,833.61
JUNE 2013
VOLUME 4 ISSUE 5
FOCUS ON COUNTY GOVERNMENT
MONTHLY UPDATE FROM THE DESK OF WAUKESHA COUNTY EXECUTIVE
DANIEL P. VRAKAS
Dear Friends,
Seeking partnerships between departments, other governments and the private
sector to implement efficiencies and ultimately save tax dollars has been key to
Waukesha County’s strong fiscal health. Each year when we begin the budget
process, as we will mid-June, we examine ways to save taxpayer dollars and
ways to spend those dollars in the most efficient way possible. Often, we
examine if the private sector can provide County services in a better and more
fiscally efficient manner.
Seeking partnerships has long been part of our money saving philosophy and has
helped save Waukesha County taxpayers millions of dollars. In fact, just since
2009, partnerships and collaborations have helped Waukesha County’s municipal
taxpayers save over $2 million.
In this issue:
Waukesha West PSA
Campaign
Menomonee Falls
C.A.R.E.S.
County Executive
Awards Nominations
One example of significant savings is the Department of Public Works and
Department of Administration contract for custodial services at County facilities.
By seeking out bids from the private sector, as opposed to using County
employees to provide this service, the County is saving over $80,000 per year.
Additional services that have been privatized consist of over 50 services
including our Information Technology Helpdesk for employees, translations
services in our Courts, the Medical Examiner’s laboratory and x-ray services,
Department of Parks and Land Use recycling facility operations, Department of
Public Works transit services and Sheriff’s Department inmate food and medical
services provided at the jail.
As long as I am County Executive, I will continue to seek out partnerships,
collaborations and privatization in the best interest of the taxpayer.
Sincerely,
Mountain Bike Trail
Opening
Tips for Severe Weather
Special Household
Hazardous Waste
Collection
515 W. Moreland Blvd., AC320
Waukesha, WI 53188
262.548.7902 office • 262.896.8510 fax
www.waukeshacounty.gov
JUNE 2013
WAUKESHA WEST PSA
CAMPAIGN
Waukesha County Drug Free Communities is
partnering with Waukesha West High School
to create Public Service Announcements
(PSAs) and supporting marketing focused on
preventing abuse of marijuana, alcohol and
prescription drugs. The campaign, titled
“What’s Your High,” focuses on positive
messaging and dispelling myths on youth
substance use.
The 30 second video PSAs will air at Marcus
Majestic Cinema this summer. In addition to
the video PSAs, students are creating posters,
a webpage, www.whatsyourhigh.com and a
facebook page to support the video
campaign.
Youth are encouraged to “like” the facebook
page and upload photos or videos of their
natural high, be it sports, music, performing
or visual arts. The goal of the facebook
campaign is to showcase the various ways
Waukesha County youth “get high” without
the use of drugs and alcohol.
This is the second year of the PSA program
which piloted with the high school last year.
Videos from last year’s campaign are
available at www.whatsyourhigh.com. The
PSA posters, in addition to availability at the
high school, will be available for viewing at
the Marcus Majestic Cinema this summer.
Last year’s poster PSA campaign is available
for viewing at Drug Free Communities
website, www.waukeshacounty.gov/dfc.
VOLUME 4 ISSUE 5
MENOMONEE FALLS C.A.R.E.S.
PROGRAM LAUNCH
Waukesha County Drug Free Communities has expanded its
Community Alcohol Resources for Establishments and Servers
(C.A.R.E.S.) Program, currently available in the City of Waukesha, to
the Village of Menomonee Falls. The Menomonee Falls C.A.R.E.S.
program is possible in cooperation with the Village of Menomonee
Falls Police Department, the Menomonee Falls Chamber of Commerce
and Froedtert Health Community Memorial Hospital.
The program is free to participants and designed to recognize and
support local establishments who are actively working to prevent
underage drinking and encourage healthy drinking habits among
adults. Alcohol licensed establishments in the Village of Menomonee
Falls can join the program by filling out an application form agreeing
to check identification when selling alcohol, refusing to sell alcohol to
anyone under 21 or to an intoxicated customer, and participate in
Responsible Alcohol Server Training. Businesses joining the
C.A.R.E.S. program will receive educational material to promote
serving and selling policies and practices, free Responsible Alcohol
Server Training and community-wide promotion by Waukesha County
DFC.
The Waukesha C.A.R.E.S. program, which launched in May of 2012,
has trained over 50 bartenders, servers and retailers on responsible
beverage service practices and currently has 10 members. The
members of the Waukesha C.A.R.E.S. Program include: Taylor’s
People’s Park, Sprizzo Gallery Caffe', Panos Fruit Market, Nice Ash
Cigar Bar, Mia’s Italian Restaurant, Generations at 5 Points and Key
Westconsin.
For more information on the program, please visit
www.waukeshacounty.gov/dfc. Businesses interested in joining the
Waukesha C.A.R.E.S. program should contact Waukesha County DFC
by calling (262) 896-8263 or emailing
DrugFreeCommunities@waukeshacounty.gov.
“Waukesha County: Leading the Way ...”
JUNE 2013
COUNTY EXECUTIVE
AWARDS
NOMINATIONS
SOUGHT
Nominations are being sought for the
eighteenth annual Waukesha County
Executive Awards program. This
award program recognizes
organizations in the private, public and
non-profit sectors that are contributing
to the continued success of the county
and its citizens. On October 10, the
winners will be honored at a luncheon
at the County Springs Hotel in
Waukesha. The Waukesha County
Business of the Year and Government
of the Year will receive a unique
award. The Large Non-profit of the
Year and the Small Non-profit of the
Year, in addition to the award, will
receive a grant.
VOLUME 4 ISSUE 5
MOUNTAIN BIKE TRAIL OPENING
Waukesha County Park System’s first Mountain Bike Trail will open at
Minooka Park on Saturday, June 1 (National Trails Day) at 9 a.m. following
a ribbon cutting event open to the public. Once all three phases of the trail
are complete, the network will be about five miles in length.
“The mountain bike trail will meet a community and regional need, and
promote bicycling and outdoor activities in the park,” said County
Executive Dan Vrakas.
Waukesha County has partnered with the Waukesha Bicycle Alliance
(WBA) in the design, construction and maintenance of the mountain bike
trails at Minooka Park. Currently, Waukesha County has less than five miles
of off-road trails designated for bicycles.
“The alliance promotes getting more people riding on bikes in more places,
and that includes off-road biking on trails,” said Ron Stawicki, President of
WBA. “Minooka Park was the perfect fit, and we are happy to be a part of
this recreational opportunity.”
The grand opening event is free and open to the public. The $4.00 entrance
fee will be applied after 12:00 p.m. There will not be an additional cost to
use the Mountain Bike Trails above the $4.00 per car daily entrance fee into
Minooka Park. Annual parks stickers are also available.
A panel of judges will assess how each
nominee meets the needs of four
stakeholders: customers, investors,
employees and the community at large.
You are encouraged to submit a
nomination. The deadline for
nominations is Friday, July 26. For
further information and a nomination
form, contact Shawn Lundie at 5487902. The nomination form is also
available at Waukesha County’s
Website www.waukeshacounty.gov.
The Mountain Bike Trail will be a new feature of Minooka Park in Waukesha.
JUNE 2013
VOLUME 4 ISSUE 5
FOCUS ON COUNTY GOVERNMENT
TIPS FOR SEVERE WEATHER
The recent, devastating tornados in Oklahoma are a reminder of how dangerous
severe weather can be and how important it is to prepare ourselves and our
families for a potential emergency. Below are some tips from
www.readywisconsin.wi.gov that can help you prepare for severe weather:
• Develop a plan for you and your family for home, work, school and outdoors.
Know the safest shelter areas in multiple locations.
• Have frequent drills.
• Keep a disaster supply kit in your home including water, food that won’t
spoil and needs no heat to serve, first-aid kit, NOAA weather radio (also
known as an emergency weather radio), a flashlight and special items for
children, pets and elderly family members.
Follow County
Executive Dan
Vrakas on Twitter!
Username:
CoExecDanVrakas
• Take all weather warnings seriously.
HOUSEHOLD HAZARDOUS WASTE SPECIAL COLLECTION
Two Waukesha County communities will hold special one-day collections of household hazardous waste in
June. The City of Brookfield will hold its special collection on June 1 at the Brookfield Public Works
Department, 19700 Riverview Drive. The City of Delafield’s special collection will be on June 15 at the
Delafield Public Works Department, 111 Main Street. Both collections are from 8 a.m. until noon and are
open to any resident in Waukesha County.
Old, unusable chemicals, pesticides, wood preservatives, solvents, oil-based paints, and mercury-containing
products will be accepted. Latex paint and non-hazardous cleaning materials will not be accepted.
Waukesha County’s four year-round collection sites are located in Muskego, Waukesha, Menomonee Falls,
and Franklin. For more information, including a detailed list of acceptable household hazardous waste
materials, visit waukeshacounty.gov/hazardouswaste or call 262-896-8300.

compliance maintenance annual report

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