Common Council

City of Oconomowoc Common Council Tuesday, May 07, 2024 - 7:30 PM City Hall - Conference Room 3 174 E. Wisconsin Ave. Oconomowoc, WI 53066 Notice: If a person with a disability requires that the meeting be accessible or that materials at the meeting be in an accessible format, call the City Clerk’s office at least 48 hours in advance to request adequate accommodations. Tel: (262) 569-2186 1. Call to Order and Confirmation of Appropriate Meeting Notice 2. Pledge of Allegiance 3. Roll Call 4. Approval of Meeting Minutes a. Minutes of April 16, 2024 5. Comments/Suggestions from Citizens a. Waukesha County Center for Growth Presentation - Therese Thill 6. Committee Reports a. Protection & Welfare - Ellis, Chr; Mulder, Secy; Schellpeper 1. Consider/act on Resolution 24-R3188 Granting New 2023 - 2024 Reserve "Class B" Intoxicating Liquor/Fermented Malt Beverage to Gabriel Taqueria, LLC (Gabriel's Taqueria and Bar) 2. Consider/act on Resolution 24-R3189 Granting New 2023 - 2024 Reserve "Class B" Intoxicating Liquor/Fermented Malt Beverage to Mon Bijou Inn, LLC 3. Consider/act on Resolution 24-R3190 Granting a 6-Month Class "B" License to R & S Hospitality, LLC (Buddy's Beach Bungalow) 4. Consider/act on Resolution 24-R3191 Granting New 2023 - 2024 "Class B" Intoxicating Liquor/Fermented Malt Beverage to Brillionce Entertainment (The Valerie) b. Utility - Rosek, Chr; Moroni, Secy; Schellpeper 1. Consider/act on Resolution 24-R3192 Awarding Construction Contract and Budget Amendment for 2024 Septage Receiving Station Improvement Project 7. New Business a. Consider/act on Resolution 24-R3193 Approving Cost Share with Oconomowoc Area School District for Radar Speed Feedback Signs in the Summit Elementary School Zone on Valley Road b. Consider/act on Resolution of Necessity 24-R3194 for Acquisition of Easements and 1  Restrictive Covenants for Parcel Located at 1456 Summit Avenue 8. Election of Council Vice-President 9. Staff Reports 10. Reports and Comments from the Aldermen 11. Reports and Comments from the Mayor 12. Closed Session – Conference Room 3 a. Per Wis State Stat §19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. (Specifically with regard to Properties Located at 131 and 139 N. Main Street) 13. Adjourn 2  City of Oconomowoc Common Council Meeting Minutes April 16, 2024 - 7:30 PM Aldermen Present: Chris Douglas, Matt Rosek, Jennifer Aultman Kloth, Kevin Ellis, Karen Spiegelberg, Matt Mulder, Charles Schellpeper, Andrew Moroni Also Present: Robert Magnus, Lucas Caine, Diane Coenen, Robert Duffy, Kevin Freber, Mark Frye, Jason Gallo, Jason Herzog, Erik Joost, Kevin Kaari, Laurie Sullivan-Murray, James Pfister, Ivan Lam, Stan Riffle, Brad Bowen Mayor Magnus called the Common Council Meeting to order at 7:30 PM and appropriate meeting notification was confirmed. Pledge of Allegiance Roll Call Ceremonial Oath of Office for Newly Elected Officials Coenen ceremoniously swore in the newly elected officials; Mayor Magnus and Aldermen Mulder - District #1, Schellpeper - District #2, Rosek - District #3 and Jennifer Aultman Kloth - District #4. Congratulations were given by all. Approval of Meeting Minutes a. Minutes of April 2, 2024 Motion to approve the Council minutes of April 2, 2024 made by Schellpeper and seconded by Aultman Kloth. Motion carried 8-0-0. Without objection Item 11.a. was moved up on the agenda: a. Mayoral Citizen Appointments/Reappointments with Council Confirmation New appointees Nicholas Noggle and Carl Wickman introduced themselves and answered questions from Council. Motion to confirm the Mayor’s appointments/reappointments as presented made by Rosek and seconded by Aultman Kloth. Motion carried 8-0-0. Consent Agenda (Items listed under the Consent Agenda are considered in one motion - a Council member may request to remove an item): Motion to approve the Consent Agenda made by Spiegelberg and seconded by Ellis. Motion carried 8-0-0. a. Fohey Extraterritorial Certified Survey Map, Located at W365 N7166 McMahon Road, Town of Oconomowoc b. Bliss Extraterritorial Certified Survey Map, Located at W246 Allen Road, Town of Concord c. Licenses 1 Common Council - April 16, 2024 3  1. License Approvals d. Treasurer's Report 1. March 2024 Treasurer Report and Financials Committee Reports a. Finance - Schellpeper, Chr; Spiegelberg, Secy; Moroni 1. Consider/act on Approval of 1st Quarter 2024 Grants and Donations Received and Budget Amendments (January 1 - March 31, 2024) Motion to approve the 1st Quarter 2024 Grants and Donations received and budget amendments (January 1 – March 31, 2024) made by Mulder and seconded by Moroni. Motion carried 8-0-0. b. Utility - Rosek, Chr; Ellis, Secy; Mulder 1. Consider/act on Resolution 24-R3186 Declaring Authorized Representative To Request Grant Funding from the WIDNR Municipal Flood Control Grant Program Coenen distributed a copy of a revised resolution that included a second request for funding from the WIDNR Targeted Runoff Management Grant Program. Joost gave a PowerPoint presentation on the repair to the Cottonwood Creek Project as part of the Oconomowoc Watershed Protection Program. Motion to adopt the revised Resolution 24-R3186 declaring authorized representative to request grant funding from the WIDNR Municipal Flood Control Grant Program and the WIDNR Targeted Runoff Management Grant Program made by Rosek and seconded by Ellis. Motion carried 8-0-0. 2. Consider/act on Resolution 24-R3187 Approving Budget Amendment to Reclassify Capital Project Return Activated Sludge Pipe Replacement to Wastewater Treatment Plant Facilities Plan Freber stated the DNR requires a WWTP Facilities Plan every ten years and due to planned plant upgrades they require the plan before we receive our permits. Motion to adopt Resolution 24-R3187 approving budget amendment to reclassify Capital Project Return Activated Sludge Pipe Replacement to Wastewater Treatment Plant Facilities Plan made by Ellis and seconded by Mulder. Motion carried 8-0-0. Plan Commission a. Consider/act on Final Plat for Olde Highlander Subdivision, Located at the Intersection of Olde Highlander Drive and Pabst Road Gallo gave a PowerPoint presentation. Eric Obarski, Neumann Development answered the questions on the Traffic Analysis, stated paving on Pabst Rd and Oconomowoc Pkwy will be done first and gave a timeline of the project and next steps. Motion to approve Final Plat for Olde Highlander Subdivision, located at the intersection of Olde Highlander Dr & Pabst Rd made by Ellis and seconded by 2 Common Council - April 16, 2024 4  Douglas. Motion carried 8-0-0. b. Consider/act on Condominium Plat for The Reserve at Olde Highlander, Located at the Intersection of Olde Highlander Drive and Stirling Drive Gallo gave a PowerPoint presentation. Motion to approve the Condominium Plat for The Reserve at Olde Highlander, located at the intersection of Olde Highlander Dr & Stirling Dr made by Ellis and seconded by Aultman Kloth. Motion carried 8-0-0. c. Consider/act on Certified Survey Map for Olympia Fields, Located at 1350 Olympia Fields Drive Gallo gave a PowerPoint presentation. Motion to approve the CSM for Olympia Fields, located at 1350 Olympia Fields Dr made by Mulder and seconded by Spiegelberg. Motion carried 8-0-0. d. Consider/act on Architectural Plans for the Olympia Fields Mixed-Use Building, Located at 1350 Olympia Fields Drive Gallo gave a PowerPoint presentation. These individuals answered questions from Council: Mark Lake and Matt Moroney, Wangard Partners regarding no retail being planned on the first floor south side; Duffy stated the TIF value for this mixed-use building is approx. $45M and puts us on a good course to help pay back the TIF; and Bowen, WLFD stated he had no concerns with the planned site layout and building design. Motion to approve the architectural plans for the Olympia Fields mixed-use building located at 1350 Olympia Fields Dr made by Mulder and seconded by Douglas. Motion carried 8-0-0. New Business a. Consider/act on Developer's Agreement for Prairie Creek Ridge Addition VIII Motion to approve the Developer's Agreement for Prairie Creek Ridge Addition VIII made by Mulder and seconded by Rosek. Motion carried 8-0-0. b. Consider/act on Second Amendment to the Tax Increment Agreement Between Olde Highlander, LLC and City of Oconomowoc Riffle reported in December 2023 the City approved the first amendment to the agreement because the PSC needed a correct application from the developer, Neumann Companies, who was willing to install the water main at their own risk. They have a crew there now and would like to connect to City facilities but will not use the water until the PSC approves it. If not approved, they will need to remove their connections at their own cost. Motion to approve the second amendment to the Tax Increment Agreement between the City of Oconomowoc and Olde Highlander, LLC made by Mulder and seconded by Rosek. Motion carried 8-0-0. Mayoral Appointments/Reappointments b. Mayoral Appointment of Emergency Government Director with Council 3 Common Council - April 16, 2024 5  Confirmation Coenen stated Magnus appoints Brad Bowen. Motion to confirm the appointment of Brad Bowen, WLFD Chief, as Emergency Government Director made by Ellis and seconded by Rosek. Motion carried 8-0-0. c. Mayoral Appointments of City Attorney and Assistant City Attorney, with Council Confirmation Coenen stated Magnus appoints H. Stanley Riffle as City Attorney and Jeff Ek as Assistant City Attorney. Motion to confirm the appointments of H. Stanley Riffle as City Attorney and Jeffrey Ek as Assistant City Attorney made by Rosek and seconded by Aultman Kloth. Motion carried 8-0-0. Election of Council President Motion to nominate Rosek as Council President made by Douglas and seconded by Moroni. Motion to nominate Mulder as Council President made by Ellis and seconded by Spiegelberg. No other nominations were received. Council voted by ballot. Votes tallied by Coenen = Rosek 5 and Mulder 3. Rosek was elected Council President. Election of Council Vice President Motion to nominate Mulder as Council Vice President made by Rosek and seconded by Mulder. Motion to nominate Spiegelberg as Council Vice President made by Moroni and seconded by Spiegelberg. Motion to nominate Ellis as Council Vice President made by Mulder and seconded by Ellis. Motion to nominate Schellpeper as Council Vice President made by Douglas and seconded by Aultman Kloth. Motion to nominate Aultman Kloth as Council Vice President made by Ellis and seconded by Douglas. No other nominations were received. Council voted by ballot twice. Second round votes tallied by Coenen = Spiegelberg 4, Schellpeper 2 and Aultman Kloth 2. Spiegelberg was elected Council Vice President. Selection of Council Representative to Plan Commission Motion to nominate Aultman Kloth as Plan Commission representative made by Spiegelberg and seconded by Mulder. No other nominations were received. Aultman Kloth was elected as Plan Commission Representative. Mayoral Appointments to Council Committees, Pabst Farms Joint Stormwater District & WPPI Energy (No Confirmation Necessary) Coenen displayed on the screen the Mayoral appointments and read them into the record. Staff Reports Bowen stated he placed a flyer at Council stations for the May 1st Tower Ladder 53 In- Service Ceremony at 212 S. Concord and the May 20th Fire Station 51 Open House at 1400 Oconomowoc Parkway and invites all to attend. 4 Common Council - April 16, 2024 6 Reports and Comments from the Aldermen Aultman Kloth thanked everyone who came out to Culvers today in support of the fundraising for Toto’s Territory Dog Park and for the volunteer help from Parks & Recreation staff. Rosek thanked Council for electing him as Council President again and will do his best. He encourages his fellow Aldermen to help the Mayor find new citizens to serve on committees. Spiegelberg congratulated the reinstated Aldermen and encouraged Council to engage with people in their district about opportunities to serve and lead. Mulder noted Aldermen run unopposed at times. Magnus stated he looks at the skill set for each committee appointment and at the level of stability on committees. Rosek suggested the Marketing Specialist position could advertise the roles on committees and how to serve. Reports and Comments from the Mayor Magnus thanked Rosek for bringing people forward to serve. He gave a “hats off” to Council, Citizens and Staff for all they do stating he appreciates everyone because he knows first-hand what it takes to get the job done. He then gave a personal Thank You to Rosek (Council President) and Mulder (Council Vice-President) for all their work behind the scenes and Ellis for his two years of service on the Plan Commission. He is excited for Aultman Kloth to be the Council Representative to the Plan Commission. Magnus read the proclamations into the record: a. Knights of Columbus Proclamation b. Arbor Day Proclamation Adjourn Motion to adjourn made by Aultman Kloth and seconded by Mulder. Motion carried 8-0-0. The meeting adjourned at 9:02 PM. _____________________________ _____ Minutes taken by Diane Coenen, City Clerk 5 Common Council - April 16, 2024 7  MEMORANDUM CLERKS Date: May 1, 2024 To: Mayor Magnus Protection and Welfare Common Council From: Diane Coenen, Clerk Re: Gabriel’s Taqueria, LLC – Reserve “Class B” License RELATES TO THE STRATEGIC PLAN Strategic Goal- N/A BACKGROUND The City received an application for a new Reserve “Class B” Intoxicating Liquor/Fermented Malt Beverage license from Gabriel’s Taqueria, LLC dba Gabriel’s Taqueria and Bar, Gabriel Vazquez, Agent, for the property located at 126 N. Main Street. They are currently open serving food only and plan to start serving alcoholic beverages on May 8, 2024. The applicant meets all State Statute and Chapter 12 requirements. I have included a copy of the floor plan which shows seating for 23 and the Best Use Criteria sheet. ADDITIONAL ANALYSIS This is a Reserve “Class B” License which will expire on June 30, 2024 and a renewal license application will be brought to Council in June for the new licensing period effective July 1st. FINANCIAL IMPACT The Reserve License has an initial fee of $10,000.00 plus the prorated license fee of $150.00. RECOMMENDATION Protection & Welfare Recommendation: Move to recommend granting a new 2023-2024 Reserve “Class B” Intoxicating Liquor/Fermented Malt Beverage license to Gabriel’s Taqueria, LLC. SUGGESTED MOTION Council Recommendation: Move to adopt Resolution 24-R3188 granting a new 2023-2024 Reserve “Class B” Intoxicating Liquor/Fermented Malt Beverage license to Gabriel’s Taqueria, LLC. 1 8  RESOLUTION NO. 24-R3188 RESOLUTION GRANTING NEW 2023 – 2024 RESERVE “CLASS B” INTOXICATING LIQUOR/ FERMENTED MALT BEVERAGE LICENSE TO GABRIEL’S TAQUERIA, LLC DBA GABRIELS TAQUERIA AND BAR WHEREAS, an application for the following new license has been made, necessary fees deposited and all legal procedures have been taken, as per ordinance of the City of Oconomowoc. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Oconomowoc that the following license be granted (will expire on June 30, 2024): Reserve “Class B” License (serve intoxicating liquor/fermented malt beverages) Gabriel’s Taqueria (Gabriel’s Taqueria and Bar) 126 N Main St Gabriel Vazquez, Agent 1051 Lowell Dr #4, Oconomowoc DATED: May 7, 2024 CITY OF OCONOMOWOC By: Robert P. Magnus, Mayor ATTEST: Diane Coenen, Clerk 9 10 11  MEMORANDUM CLERKS Date: May 2, 2024 To: Mayor Magnus Protection and Welfare Common Council From: Diane Coenen, Clerk Re: Mon Bijou Inn, LLC – Reserve “Class B” License RELATES TO THE STRATEGIC PLAN Strategic Goal- N/A BACKGROUND The City received an application for a new Reserve “Class B” Intoxicating Liquor/Fermented Malt Beverage license from Mon Bijou Inn, LLC, Kathryn Brisk, Agent, new owner of the property located at 351 E. Lisbon Road (formerly The Inn at Pine Terrace.) The final inspection was completed on May 2nd and occupancy has been approved. The applicant intends to open on May 8, 2024. At this time, no food will be served until a grease trap is installed and approved by the Wastewater Dept. The applicant meets all State Statute and Chapter 12 requirements. I have included a copy of the hotel floor plan and the Best Use Criteria sheet. ADDITIONAL ANALYSIS This is a Reserve “Class B” License which will expire on June 30, 2024. A renewal license application will be brought to Council in June for the new licensing period effective July 1st. FINANCIAL IMPACT The Reserve License has an initial fee of $10,000.00 plus the prorated license fee of $150.00. RECOMMENDATION Protection & Welfare Recommendation: Move to recommend granting a new 2023-2024 Reserve “Class B” Intoxicating Liquor/Fermented Malt Beverage license to Mon Bijou Inn, LLC. SUGGESTED MOTION Council Recommendation: Move to adopt Resolution 24-R3189 granting a new 2023-2024 Reserve “Class B” Intoxicating Liquor/Fermented Malt Beverage license to Mon Bijou Inn, LLC. 1 12  RESOLUTION NO. 24-R3189 RESOLUTION GRANTING NEW 2023 - 2024 RESERVE “CLASS B” INTOXICATING LIQUOR/ FERMENTED MALT BEVERAGE LICENSE TO MON BIJOU INN, LLC WHEREAS, an application for the following new license has been made, necessary fees deposited and all legal procedures have been taken, as per ordinance of the City of Oconomowoc. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Oconomowoc that the following license be granted (will expire on June 30, 2024): Reserve “Class B” License (serve intoxicating liquor/fermented malt beverages) Mon Bijou Inn, LLC 351 E Lisbon Rd Kathryn Brisk, Agent 307 N Lake Rd, Oconomowoc DATED: May 7, 2024 CITY OF OCONOMOWOC By: Robert P. Magnus, Mayor ATTEST: Diane Coenen, Clerk 13 14 15 16  MEMORANDUM CLERKS Date: May 1, 2024 To: Mayor Magnus Protection and Welfare Common Council From: Diane Coenen, Clerk Re: Class “B” Six-Month Fermented Malt Beverage License RELATES TO THE STRATEGIC PLAN Strategic Goal-N\A BACKGROUND The City has received an application for a six-month Class “B” Fermented Malt Beverage License from R & S Hospitality, LLC dba Buddy’s Beach Bungalow, to serve and sell fermented malt beverages at City Beach. John Suttner, agent, plans to open the bungalow starting Memorial Day weekend through Labor Day weekend. The applicant meets all Chapter 12 and State Statute licensing requirements. ADDITIONAL ANALYSIS Buddy’s Beach Bungalow has an exclusive five-year (2020 – 2024) Concession Agreement with the City. FINANCIAL IMPACT Per the agreement, the concessionaire, John Suttner of R & S Hospitality agrees to pay to the City an annual fee payable in two installments (July 15 and September 15). The 2024 fee is $5,000. RECOMMENDATION Protection and Welfare Recommendation: Move to recommend granting a six-month Class “B” Fermented Malt Beverage license to R & S Hospitality, LLC. SUGGESTED MOTION Common Council Recommendations: Move to adopt Resolution 24-R3190 granting a Six-Month Class “B” Fermented Malt Beverage License to R & S Hospitality. 1 17  RESOLUTION NO. 24-R3190 GRANTING A SIX-MONTH CLASS "B" FERMENTED MALT BEVERAGE LICENSE TO R & S HOSPITALITY, LLC WHEREAS, the application for the following new six (6) month license has been made, necessary fees deposited and all legal procedures have been taken, as per ordinance of the City of Oconomowoc. NOW THEREFORE, BE IT RESOLVED by the Common Council of the City of Oconomowoc that the following six (6) month license be granted (expiring on November 8, 2024): Class “B” Fermented Malt Beverage License (sell and serve fermented malt beverages) R & S Hospitality, LLC (Buddy’s Beach Bungalow) 324 W. Wisconsin Avenue (City Beach) John Suttner, Agent W375 N7833 Tamarack Court DATED: May 7, 2024 CITY OF OCONOMOWOC By: _____________________________ Robert P. Magnus, Mayor ATTEST: Diane Coenen, Clerk 18  MEMORANDUM CLERKS Date: May 2, 2024 To: Mayor Magnus Protection and Welfare Common Council From: Diane Coenen, Clerk Re: Brillionce Entertainment, LLC dba The Valerie – “Class B” License RELATES TO THE STRATEGIC PLAN Strategic Goal- N/A BACKGROUND The City received an application for a new 2023-2024 “Class B” Intoxicating Liquor/Fermented Malt Beverage license from Brillionce Entertainment, LLC dba The Valerie, Jennifer Miller, Agent, for the property located at 1281 Blue Ribbon Dr, Suite 200 of the Momentum Daycare building. The applicant has an event booked for June 8, 2024 and intends to be open on May 20th for tours and potential event bookings. Their General Contractor has scheduled the occupancy inspection for May 16th. The applicant meets all State Statute and Chapter 12 requirements with the exception of final inspection/ occupancy. I have included a copy of the floor plan showing seating space for 200 and the Best Use Criteria sheet. The “Class B” license the City would be issuing is one of eight licenses that was provided to Pabst Farms under WI Stat. 125.51(4)(x)3 for use in the area that comprised the former Tax Incremental District #3 (Capital Improvement Area.) This is a regular license ($600.00) and Pabst Farms Development, Inc. (Peter Paul Bell) has provided the City with a Letter of Transfer effective upon Council approval. This will be the 4th Capital Improvement Area License being issued. ADDITIONAL ANALYSIS Our past practice, due to the fact this is a new build and awaiting final inspection, is to grant the license on the condition the Clerk not issue the license until final occupancy is granted but not later than June 15 , 2024. FINANCIAL IMPACT The “Class B” license is a regular license and will expire on June 30, 2024. The prorated fee is $150.00. A renewal license application will be brought forward to Council in June for the licensing period effective July 1, 2024. 1 19 RECOMMENDATION Protection & Welfare Recommendation: Move to recommend granting a new 2023-2024 “Class B” Intoxicating Liquor/Fermented Malt Beverage license to Brillionce Entertainment, LLC on the condition that the Clerk not issue the license until final occupancy is granted but not later than June 15, 2024. SUGGESTED MOTION Council Recommendation: Move to adopt Resolution 24-R3191 granting a new 2023-2024 “Class B” Intoxicating Liquor/Fermented Malt Beverage license to Brillionce Entertainment, LLC on the condition that the Clerk not issue the license until final occupancy is granted but not later than June 15, 2024. 2 20  RESOLUTION NO. 24-R3191 GRANTING A NEW 2023 - 2024 "CLASS B" INTOXICATING LIQUOR/FERMENTED MALT BEVERAGE LICENSE TO BRILLIONCE ENTERTAINMENT, LLC DBA THE VALERIE WHEREAS, this license is one of eight special legislation licenses that was issued to Pabst Farms Development, Inc. in 2017 by Resolution 17-R2653, per Wis. Stats, 125.51(4)(x) which allowed the City to issue up to eight “Class B” licenses for use in the area that comprised the former Tax Incremental District #3, which is defined as a “Capital Improvement Area”; and WHEREAS, an application for the following new license has been made, necessary fees deposited and all legal procedures have been taken, as per ordinance of the City of Oconomowoc. NOW THEREFORE, BE IT HEREBY RESOLVED by the Common Council of the City of Oconomowoc that the following license be granted (will expire on June 30, 2024): “Class B” License (serve intoxicating liquor/fermented malt beverages) Brillionce Entertainment, LLC (The Valerie) 1281 Blue Ribbon Dr, Suite 200 Jennifer Miller, Agent W270 N6139 Maple St, Sussex DATED: May 7, 2024 CITY OF OCONOMOWOC By: _____________________________ Robert P. Magnus, Mayor ATTEST: Diane Coenen, Clerk 21 22 23  MEMORANDUM DEPARTMENT - Date: 05/07/2024 To: Utility Committee / Common Council From: Kevin Freber Operations Manager Re: Consider Recommend Resolution 24-R3192 for Approval and a Budget Amendment for 2024 Septage Receiving Station Improvement Project RELATES TO THE STRATEGIC PLAN Strategic Goal-  II Improve and Maintain Our Infrastructure/Facilities BACKGROUND Bids were advertised and opened for the 2024 Septage Receiving Station Improvement Project on April 18, 2024, with the following three bids received: Hunzinger Construction $2,913,000.00 Staab Construction Corporation $2,927,000.00 Lee Mechanical, Inc. $3,693,000.00 ADDITIONAL ANALYSIS Work consists of construction of upgrades to the septage receiving system at the Oconomowoc Wastewater Treatment Facility, including construction of a new Septage Screening Building, Transfer Pump Station, and Septage Storage Tank. This work includes related sitework improvements, piping modifications, HVAC system, electrical, instrumentation/controls, surface restoration, installation of fine screening equipment, transfer pumps, septage pumping, and other ancillary work required to complete the improvements. Staff recommends the lowest responsible bid from Hunzinger Construction in the amount of $2,913,000.00. As per our procurement policy, we are requesting a 10% contingency in the amount of $291,300.00: total project cost of $3,204,300.00. FINANCIAL IMPACT This will require a Budget Amendment. The 2024 Capital Improvements budget had an estimated cost of $2,800,000.00. Construction Management, estimated at $250,000.00, is not included in the $3,204,300.00 for the 2024 Septage Receiving Station Improvement Project with a 10% contingency. The total estimated cost when this is included is $3,454,300.00 1 24 Project costs to be charged to Wastewater Account #601-573-7000-810, with extra funds coming from the Wastewater Reserve Account. RECOMMENDATION Suggested Committee Recommendation: Motion to recommend awarding the construction contract and budget amendment to the Common Council for acceptance of the bid from Hunzinger Construction of $2,913,000.00. In addition, contingency in the amount of $291,300.00 to be included for a total cost of $3,204,300.00. SUGGESTED MOTION Suggested Common Council Motion: Motion to adopt Resolution 24-R3192. 2 25  RESOLUTION NO. 24-R3192 RESOLUTION AWARDING CONSTRUCTION CONTRACT AND BUDGET AMENDMENT FOR 2024 SEPTAGE RECEIVING STATION IMPROVEMENT PROJECT WHEREAS, the City of Oconomowoc Wastewater’s 2024 budget included funds in the amount of $2,800,000.00 for the Septage Receiving Station Improvement Project; and WHEREAS, bids for the project had been advertised for and received on April 18, 2024; and WHEREAS, three bids on the aforementioned project were received as follows: Hunzinger Construction Corporation $2,913,000.00 Staab Construction Corporation $2,927,000.00 Lee Mechanical Contractor, Inc. $3,693,000.00 and WHEREAS, Hunzinger Construction Corporation is the lowest responsible bidder in the sum of $2,913,000.00; and WHEREAS, Wastewater Department Staff and the Utility Committee recommend the bid of Hunzinger Construction Corporation be accepted. NOW THEREFORE, BE IT HEREBY RESOLVED, the bid in the sum of $2,913,000.00 be and the same is hereby accepted, and appropriate City officials are authorized to enter into a contract with Hunzinger Construction Corporation for said project. BE IT FURTHER RESOLVED, a 10% contingency of $291,300.00, net project cost of $3,204,300.00, is allowed for the construction with any expenditures exceeding the approved bid amount plus the contingency requiring Common Council approval. BE IT FURTHER RESOLVED, that this is a unit price contract with estimated quantities, and accordingly the actual quantities and therefore the final contract price may vary. BE IT FURTHER RESOLVED, that this resolution not become effective and no notice of award be issued unless and until an appropriate performance bond and a certificate of insurance are filed with the City Clerk. BE IT FURTHER RESOLVED, all of the work described in this resolution is within the budget for the Wastewater Department with cost allocation to the Wastewater Account #601-573-7000-810, and Wastewater Reserve Account. Note: A super majority vote is required to approve a budget amendment. DATED: May 7, 2024 CITY OF OCONOMOWOC By: _____________________________ Robert P. Magnus, Mayor ATTEST: Diane Coenen, Clerk 26  MEMORANDUM PUBLIC WORKS Date: May 7, 2024 To: Mayor and Common Council From: Mark Frye, City Administrator Jason Herzog, Director of Public Works Re: Consider/act on Resolution 24-R3193 to Cost Share for Radar Feedback Signage RELATES TO THE STRATEGIC PLAN N/A BACKGROUND The traveling speeds along Valley Road have been a concern for some time now. As the City continues to expand the developments in this area, these concerns will continue to increase. The Oconomowoc Area School District (OASD) shares these concerns, especially in the Summit Elementary School Zone. The City and OASD worked together with Waukesha County to review the area and determine the appropriate actions to address our concerns. The consensus of the group was to:  Upgrade the signage for the pedestrian crossing at Village Square Lane to Rectangular Rapid Flashing Beacons. The cost for this is $9,771.05.  Add flashing school zone signs with radar speed feedback signs (see attached information). The cost for this is $23,733.60. ADDITIONAL ANALYSIS Most of the cost associated with this is directly attributed to OASD. The radar speed feedback signs will operate 24/7, a benefit to the City. OASD has approved an agreement between them and Waukesha County to pay the cost of installation and maintenance of the equipment. FINANCIAL IMPACT Total project cost for the school zone and pedestrian crossing is $33,504.65. Because the City receives the benefit of the radar speed feedback signs, we are recommending an $11,338.00 (48% of the $23,733.60) cost share with OASD. This share is 50% of the cost for the poles, cabinets, controller, and solar panels and 90% for the radar speed feedback signs based on percentage of time not being used for the school zone. RECOMMENDATION City Staff recommends approval of a cost share of $11,338.00 with OASD. SUGGESTED MOTION Suggested Motion: Motion to recommend adopt Resolution 24-R3193. V:\City Projects\Valley Road Speed Review\Background Memo for Signage Cost Share with OASD 2024.docx 1 27  8 7 6 5 4 3 2 1 REVISIONS 12V/55W SOLAR PANEL REV. DESCRIPTION DATE ECN # AUTHOR/APPROVED A INITIAL RELEASE 5/21/2018 N/A A.K./J.P. D D 24"X48" S5-1 BLINKERSIGN (LEGEND MAY VARY) 12" RADAR FEEDBACK SIGN C C ALUMINUM CONTROL CABINET 114.00 4-1/2"O.D. ALUMINUM POLE PACKAGE 84.00 B 62.00 B S:\+ENGINEERING\SPECIFICATIONS\600241\ INTERPRET GEOMETRIC MATERIAL TOLERANCING PER: ASME Y14.5-2009 REFERENCE: FINISH A TOLERANCE UNLESS TITLE: BLINKERRADAR DFB, 12", BLINKERSIGN, A OTHERWISE SPECIFIED NOTES: HOLE DEC. .003 INCH SOLAR 55/48, SOP, SS, 24X48, S5-1, TC, H 1. ORIENT SOLAR PANEL TOWARDS SOUTHERN SKY FOR MAXIMUM SOLAR EXPOSURE X XX 0.030 0.015 POLE X1 B A 2. CONTROL CABINET HEIGHT MAY VARY. XXX 0.005 DESIGNED BY:TAPCO SIZE DWG. NO. REV WEIGHT: 3. SNAP LOCKS ARE PROVIDED, STANDARD 3/4" S/S BANDING IS RECOMMENDED ANGULAR 0.5 DRAWN BY: A. KAVANAUGH 5/10/2018 CHECKED BY: 600241 SCALE: 1:26 4. J-BOLTS NOT SHOWN PROPRIETARY AND CONFIDENTIAL THE INFORMATION CONTAINED IN THIS DRAWING IS THE SOLE PROPERTY OF LAUREN.ROTH 5. ALL DIMENSIONS ARE FOR REFERENCE ONLY SHEET 1 OF 1 TAPCO. ANY REPRODUCTION IN PART OR AS A WHOLE WITHOUT THE WRITTEN PERMISSION OF TAPCO IS PROHIBITED. LAUREN.ROTH 6.STATIC SIGNS 8 NOT INCLUDED IN SYSTEM 7 6 5 4 3 2 1 28  RESOLUTION NO. 23-R3193 RESOLUTION APPROVING COST SHARE WITH OCONOMOWOC AREA SCHOOL DITRICT FOR RADAR SPEED FEEDBACK SIGNS IN THE SUMMIT ELEMENTARY SCHOOL ZONE ON VALLEY ROAD WHEREAS, the traveling speed on Valley Road abutting the residential areas located east of STH 67 have been a growing concern; and WHEREAS, the Oconomowoc Area School District (OASD) shares these concerns, especially in the Summit Elementary School Zone; and WHEREAS, City and OASD Staff have worked cooperatively with Waukesha County to review the area and determine the appropriate actions to address our concerns with the consensus of the group to:  Upgrade the signage for the pedestrian crossing at Village Square Lane to Rectangular Rapid Flashing Beacons. The cost for this is $9,771.05.  Add flashing school zone signs with radar speed feedback signs. The cost for this is $23,733.60; and WHEREAS, OASD has approved an agreement between them and Waukesha County to pay the $33,504.65 cost of installation and maintenance of the equipment; and WHEREAS, because the City receives the benefit of the radar speed feedback signs, we are recommending an $11,338.00 (48% of the $23,733.60) cost share with OASD; and WHEREAS, this share is 50% of the cost for the poles, cabinets, controller, and solar panels and 90% for the radar speed feedback signs based on percentage of time not being used for the school zone. NOW THEREFORE, BE IT HEREBY RESOLVED the Common Council, in working as partners with OASD, approve the cost share payment in the amount of $11,338.00. BE IT FURTHER RESOLVED that funds for this will come from the interest earned on the monies provided to the City as part of the American Rescue Plan Act (ARPA). DATED: May 7, 2024 CITY OF OCONOMOWOC By: Robert P. Magnus, Mayor ATTEST: Diane Coenen, Clerk V:\City Projects\Valley Road Speed Review\Resolution for 2024 Cost Share with OASD for Radar Speed Feedback Signs.docx 29  MEMORANDUM ADMINISTRATION Date: May 7, 2024 To: Mayor and Common Council From: Mark Frye, City Administrator Re: Resolution of Necessity 24-R3194 for Acquisition of Easements and Restrictive Covenants RELATES TO THE STRATEGIC PLAN Strategic Goal III (B) Plan for Future Growth Areas for Regional Development (2)(c) Facilitate and promote development of Olympia Fields BACKGROUND The City has approved a redevelopment project known as the Olympia Fields Redevelopment which said site offers a unique opportunity to create high quality and attractive commercial and residential development, as it sits at a prominent location adjacent to STH 67, with close proximity to Interstate 94. To accomplish the Olympia Fields Redevelopment, there is a need to replace the current private utility systems and roadway and replace them with the appropriate public utilities and public road to accommodate current and future growth and development of the area. The requirements of recorded easements and restrictive covenants encumbering Parcel No. OCOC 0614 980 007, owned by Steven T Fleming and Judith A Fleming and located at 1456 Summit Avenue, Oconomowoc, Wisconsin, specifically the documents listed on Exhibit A attached hereto (the “Restrictions”), deter and/or preclude the infrastructure for new development and the redevelopment which would improve the economic and physical condition of the City. ADDITIONAL INFORMATION The City needs to proceed to acquire the Restrictions to extinguish them and thereby eliminate their encumbering of all parcels of property in the Olympia Fields Redevelopment, enhance the economic and physical condition of the Olympia Fields Redevelopment and ensure the viability of Tax Incremental Financing District No. 7. FINANCIAL IMPACT Wangard Partners are covering the cost of eliminating the easements and restrictive covenants. RECOMMENDATION Staff and Attorney Riffle recommend adoption of Resolution 24-R3194. SUGGESTED MOTION Motion to adopt Resolution 24-R3194. 1 30  EXHIBIT A RESTRICTIONS 1. That certain Declaration of Easements dated February 15, 1974 and recorded as Document No. 884555, amended by an Amendment to Declaration of Easement dated August 18, 1995 and recorded as Document No. 2060522, and an Amendment to Declaration of Easement and Agreement of Assumption and Indemnity dated April 14, 1998 and recorded as Document No. 2312738 (the "IREC Declaration"); 2. That certain Easement Agreement dated April 6, 1988 and recorded as Document No. 1473575, and in a consent to Easement recorded on April 7, 1988, as Document No. 1473576, as amended by an Amendment to Easement Agreement dated April 6, 1988 and recorded as Document No. 1625667, and modified by an Agreement dated August 18, 1995 and recorded as Document No. 2060523 (the "Centres Easement Agreement"); 3. That certain Grant of Easement dated February 3, 1995, recorded as Document No. 2023568 and assigned by Assignment of Easement recorded August 18, 1995 as Document No. 2060521, and Grant of Road Easement dated February 3, 1995, recorded as Document No. 2023569 and assigned by Assignment of Easement recorded August 18, 1995 as Document No. 2060521 (collectively the "1995 Easements"); and 4. That certain Private Road Maintenance Agreement recorded on July 2, 2012, as Document No. 3929967, which provided for the maintenance and repair of Unity Drive and cost sharing of the costs of such maintenance and repair. Certain of the roadway (and utility) easements created by the IREC Declaration, Centres Easement Agreement and 1995 Easements were depicted without reference to the underlying documents on Certified Survey Map No. 5465 recorded on April 7, 1988 as Document No. 1473573 and Certified Survey Map No. 10958 recorded on March 14, 2012 as Document No. 3901718 (together the "Certified Survey Maps"). 5. All interests in the access and utility easements shown on the Certified Survey Maps. 6. All interests in that certain Sewer Easement granted to the Olympia Wisconsin Limited Partnership recorded as Document No. 1625666 and amended by Document No. 3990145. V:\City Projects\Olympia Fields\Flemming Parcel\Easement Issues\Background Memo for Resolution of Necessity for Fleming Parcel at 1456 Summit Avenue.docx 2 31  RESOLUTION 24-R3194 RESOLUTION OF NECESSITY FOR ACQUISITION OF EASEMENTS AND RESTRICTIVE COVENANTS WHEREAS, the function of the City of Oconomowoc (“City”) is to promote the health, safety and general welfare of City residents; and WHEREAS, the function of the City is to carry out blight elimination, slum clearance, urban renewal programs and projects, and housing projects, as directed by the Common Council and as authorized under secs. 66.1335 Wis. Stats; and WHEREAS, the City has approved a redevelopment project known as the Olympia Fields Redevelopment which offers a unique opportunity to create high quality and attractive commercial and residential development, as it sits at a prominent location adjacent to STH 67, with close proximity to Interstate 94; and WHEREAS, to accomplish the Olympia Fields Redevelopment, there was a need to replace the current private utility systems and roadway, and replace them with the appropriate public utilities and public road to accommodate current and future growth and development of the area; and WHEREAS, the requirements of recorded easements and restrictive covenants encumbering Parcel No. OCOC0614980007, owned by Steven T. Fleming and Judith A. Fleming and located at 1456 Summit Ave, Oconomowoc, Wisconsin, specifically the documents listed on Exhibit A attached hereto (the “Restrictions”), deter and/or preclude the infrastructure for new development and the redevelopment which would improve the economic and physical condition of the City; and WHEREAS, sec. 62.22(1m), Wis. Stats, grants the City the power and to acquire by condemnation any property rights in lands, including restrictive covenants, covenants running with the land and any rights for the use of property, for any public purpose; and WHEREAS, secs. 66.1331(2), 66.1333(2) and 66.1337(2), Wis. Stats, define public purpose; and WHEREAS, the City needs to proceed to acquire the Restrictions in order to extinguish them and to thereby eliminate their encumbering parcels of property in the Olympia Fields Redevelopment, enhance the economic and physical condition of the Olympia Fields Redevelopment and ensure the viability of Tax Incremental Financing District No. 7; and WHEREAS, the City intends to proceed to adopt a resolution of necessity for acquisition of the Restrictions necessary to be acquired, pursuant to Wis. Stats secs. 32.06(1) and 32.07(2); and Page 1 32  WHEREAS, the statutory eminent domain process has a number of protections for landowners, which will be put in place by adoption of this Resolution. NOW THEREFORE, on motion duly made and approved, the City hereby makes the following findings and orders, pursuant to Wis. Stat. §32.06(1) and §32.07(2): 1. That it is a public purpose to accomplish the acquisition and extinguishment of the Restrictions which are listed on Exhibit A. 2. That the Restrictions shall be acquired in the name of the City of Oconomowoc in order to extinguish the Restrictions which encumber Parcel No. OCOC0614980007, owned by Steven T. Fleming and Judith A. Fleming and located at 1456 Summit Ave, Oconomowoc, Wisconsin. This Resolution passed and adopted this 7th day of May 2024. CITY OF OCONOMOWOC Robert P. Magnus, Mayor ATTEST: Diane Coenen, Clerk Page 2 33  EXHIBIT A RESTRICTIONS 1. That certain Declaration of Easements dated February 15, 1974 and recorded as Document No. 884555, amended by an Amendment to Declaration of Easement dated August 18, 1995 and recorded as Document No. 2060522, and an Amendment to Declaration of Easement and Agreement of Assumption and Indemnity dated April 14, 1998 and recorded as Document No. 2312738 (the "IREC Declaration"); 2. That certain Easement Agreement dated April 6, 1988 and recorded as Document No. 1473575, and in a consent to Easement recorded on April 7, 1988, as Document No. 1473576, as amended by an Amendment to Easement Agreement dated April 6, 1988 and recorded as Document No. 1625667, and modified by an Agreement dated August 18, 1995 and recorded as Document No. 2060523 (the "Centres Easement Agreement"); 3. That certain Grant of Easement dated February 3, 1995, recorded as Document No. 2023568 and assigned by Assignment of Easement recorded August 18, 1995 as Document No. 2060521, and Grant of Road Easement dated February 3, 1995, recorded as Document No. 2023569 and assigned by Assignment of Easement recorded August 18, 1995 as Document No. 2060521 (collectively the "1995 Easements"); and 4. That certain Private Road Maintenance Agreement recorded on July 2, 2012, as Document No. 3929967, which provided for the maintenance and repair of Unity Drive and cost sharing of the costs of such maintenance and repair. Certain of the roadway (and utility) easements created by the IREC Declaration, Centres Easement Agreement and 1995 Easements were depicted without reference to the underlying documents on Certified Survey Map No. 5465 recorded on April 7, 1988 as Document No. 1473573 and Certified Survey Map No. 10958 recorded on March 14, 2012 as Document No. 3901718 (together the "Certified Survey Maps"). 5. All interests in the access and utility easements shown on the Certified Survey Maps. 6. All interests in that certain Sewer Easement granted to the Olympia Wisconsin Limited Partnership recorded as Document No. 1625666 and amended by Document No. 3990145. Page 3 34  MEMORANDUM CLERKS Date: May 2, 2024 To: Mayor Magnus Common Council From: Diane Coenen, Clerk Re: Election of Council Vice-President RELATES TO THE STRATEGIC PLAN Strategic Goal – N/A BACKGROUND At the Council meeting on April 16, 2024, as is done annually, Council nominated and elected the Council Vice- President. Voting was done by ballot and after the second round, Alderman Spiegelberg received four votes and the other two nominees each received two votes. Alderman Spiegelberg was declared Vice-President. Per Roberts Rules of Order, a nominee should receive a majority of the votes. Because a majority was not reached by any of the nominees, Council will need to redo the process of electing the Council Vice-President. ADDITIONAL ANALYSIS N/A FINANCIAL IMPACT N/A RECOMMENDATION N/A SUGGESTED MOTION No Motion necessary as Council Vice-President will be determined by ballot. 1 35