Common Council

City of Verona 111 Lincoln Street Verona, WI 53593-1520 COMMON COUNCIL Monday, October 10, 2022—7:00 p.m. www.ci.verona.wi.us Virtual meeting instructions are located at the end of the agenda. 1. Call to order 2. Pledge of Allegiance 3. Roll Call 4. Public Comments 5. Approval of Minutes from the September 26, 2022 Common Council meeting 6. Mayor’s Business 7. Announcements 8. Administrator’s Report 9. Engineer’s Report 10. Committee Reports A. Finance Committee (1) Discussion and Possible Action Re: Payment of bills (2) Discussion and Possible Action Re: Resolution No. R-22-43 approving exceeding the levy limit for Joint EMS Districts (3) Discussion and Possible Action Re: Resolution No. R-22-44 requesting exemption from the County Library Tax B. Public Works/Sewer & Water Committee (1) Discussion and Possible Action Re: Driveway Easement at 701 South Nine Mound Road (2) Discussion and Possible Action Re: Change Order No. 1 and Project Closeout for Project 2018-114 Lincoln Street Stormwater Management Facility (3) Discussion and Possible Action Re: Change Order No. 2 for Project 2022-101, 2022 City of Verona Asphalt Street Rehabilitation 11. New Business A. Discussion and Possible Action Re: Former New Century School building located at 401 West Verona Avenue. Discussion will include, but not limited to, the historic registry, Art House 360, and a Wisconsin Economic Development Corporation Community Development Grant. B. Discussion and Possible Action Re: Current litigation involving claims made by a contractor related to County Highway M/PD Road project, specifically the Raymond Road pipe. The Common Council may convene in closed session as authorized by Section 19.85(1)(g) of the Wisconsin Statutes for the purpose of conferring with legal counsel who either orally or in writing will advise the governmental body on strategy to be adopted with respect to current or likely litigation. The Common Council may reconvene in open session and take action on the closed session item. 12. Adjournment  Luke Diaz, Mayor POSTED: Miller’s Market Verona City Hall Verona Public Library City Website @ www.ci.verona.wi.us Due to the COVID-19 pandemic, the Verona Common Council will hold its meeting in-person and virtually. Some Common Council members and Staff will meet at City Hall, 111 Lincoln Street to attend the meeting with some members of the Common Council and Staff joining the meeting virtually by using Zoom Webinar, as described immediately below. Members of the public can attend the meeting at City Hall or by using Zoom Webinar via a computer, tablet, or smartphone, or by calling into the meeting using phones, as described immediately below. Join the virtual meeting via computer, tablet, or smart phone: https://us06web.zoom.us/j/86165879342 Webinar ID: 861 6587 9342 Join the virtual meeting via phone by dialing: 312 626 6799 Webinar ID: 861 6587 9342 Watch live on the City’s YouTube Channel: https://www.youtube.com/user/VeronaWIMeetings The online meeting agenda and all support materials can be found at https://www.ci.verona.wi.us/. Anyone with questions prior to the meeting may contact the City at (608) 848-9941 or adam.sayre@ci.verona.wi.us. PUBLIC SPEAKING INSTRUCTIONS • WRITTEN COMMENTS: You can send comments to the City Council on any matter, either on or not on the agenda, by emailing adam.sayre@ci.verona.wi.us or in writing to Common Council, 111 Lincoln Street., Verona, WI, 53593. • PUBLIC COMMENTS: As permitted by the Wisconsin open meetings law, the Common Council has chosen to list a public comment period on Council meeting agendas to afford an opportunity for valued public comments. The Common Council may not engage in back-and-forth discussion or take formal action during this period. The Council may consider deferring the subject to a later meeting when specific notice can be given.  • VIRTUAL PUBLIC COMMENTS: Those wishing to speak during the VIRTUAL PUBLIC COMMENTS MUST register no later than 7:00 PM in advance of the meeting start time by emailing adam.sayre@ci.verona.wi.us or calling 608-848-9941. You will be given information on how your speaking opportunity will be coordinated. Comments given this way solely by anyone who is a resident or owns or leases property in the City of Verona. Otherwise, written comments or in-person comments are available to those outside of this requirement. • IN-PERSON PUBLIC COMMENTS: This is specifically listed on the agenda as IN-PERSON PUBLIC COMMENTS to be given at 111 Lincoln Street. Speakers are not required to register to speak. IF YOU NEED AN INTERPRETER, MATERIALS IN ALTERNATIVE FORMATS, OR OTHER ACCOMODATION TO ACCESS THE MEETING, PLEASE CONTACT THE CITY CLERK AT 845-6495 AT LEAST 48 HOURS PRECEDING THE MEETING. EVERY REASONABLE EFFORT WILL BE MADE TO ACCOMMODATE YOUR REQUEST.  CITY OF VERONA COMMON COUNCIL MINUTTES September 26, 2022 1. Call to order: Mayor Diaz called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance 3. Roll Call: Kate Cronin, Mara Helmke, Chad Kemp, Christine Posey, Heather Reekie, Phil Hoechst, and Evan Touchett. Rye Kimmett joined the meeting at 7:02 p.m. Also present: City Administrator Adam Sayre, and City Engineer Carla Fischer. 4. Public Comments 5. Approval of Minutes from the September 12, 2022 Common Council meeting Motion by Kemp, seconded by Cronin to approve the minutes from the September 12, 2022 Common Council meeting. Motion carried 7-0. 6. Mayor’s Business A. Trick-or-Treat Proclamation: Mayor Diaz proclaimed official hours of trick-or-treat hours to be 5:00 p.m.-8:00 p.m. on October 31st. B. Presentation of 2022 Epic Grant Awards: Jim Schumacher stated that they will be awarding grants for the Badger Prairie Needs Network, the Verona Public Library, and the Police and Fire Departments. 7. Announcements 8. Administrator’s Report: Sayre stated that the PFC is determining the process for the hiring of the Police Chief. 9. Engineer’s Report: Carla Fischer presented the Engineer’s Report and it was entered into the record. 10. Committee Reports A. Finance Committee (1) Discussion and Possible Action Re: Payment of bills Motion by Kemp, seconded by Helmke, to pay the bills in the amount of $453,219.57. Motion carried 8-0. (2) Discussion and Possible Action Re: Resolution No. R-22-042 Approving the Fee Schedule for 2023 Motion by Kemp, seconded by Helmke, to approve a Resolution No. R-22-042 Approving the Fee Schedule for 2023. Motion carried 8-0. B. Public Safety & Welfare Committee (1) Discussion and Possible Action Re: An application for a Reserve “Class B” Intoxicating Liquor and Class “B” Fermented Malt Beverage license from Ramirez Zuniga, LLC, d/b/a La Penca, located at 611 Hometown Circle, Jesus Ramirez Zuniga Agent Motion by Reekie, seconded by Touchett to approve a Reserve “Class B” Intoxicating Liquor and Class “B” Fermented Malt Beverage license from Ramirez Zuniga, LLC, d/b/a La Penca, located at 611 Hometown Circle, Jesus Ramirez Zuniga Agent contingent upon payment of the license and final building inspector and fire department approval. Motion carried 8-0.  (2) Discussion and Possible Action Re: Special event permit application and Temporary Class “B” Fermented Malt Beverage/ “Class B” Wine license from Patrick Timmerman, Verona Little League, for the Beer and Bags for Balls event on Saturday, October 15, 2022 from 3:00-7:00 p.m. Motion by Reekie, seconded by Touchett to approve a Special event permit application and Temporary Class “B” Fermented Malt Beverage/ “Class B” Wine license from Patrick Timmerman, Verona Little League, for the Beer and Bags for Balls event on Saturday, October 15, 2022 from 3:00-7:00 p.m. contingent upon receipt of certificate of insurance and issuance of an operator license for the event. Motion carried 8-0. 11. New Business A. Discussion and Possible Action Re: Fourth amendment to the agreement for land division improvements in Liberty Park to allow for the extension of Ambition Street and improvements along Whalen Road Motion by Posey, seconded by Kemp to approve a Fourth amendment to the agreement for land division improvements in Liberty Park to allow for the extension of Ambition Street and improvements along Whalen Road contingent upon final review by the City Attorney and City Administrator. Motion carried 8-0. B. Discussion and Possible Action Re: City Administrator The Common Council may convene in a closed session for discussion and permissible action regarding the City Administrator as authorized by Section 19.85(1)(c) of the Wisconsin Statutes to consider employment, promotion, compensation or performance evaluation data of any public employee subject to the jurisdiction or authority of the City of Verona; specifically for purposes of considering employment and performance of the City Administrator. Motion by Posey, seconded by Kimmett to convene in a closed session at 7:16 p.m. for discussion and permissible action regarding the City Administrator as authorized by Section 19.85(1)(c) of the Wisconsin Statutes to consider employment, promotion, compensation or performance evaluation data of any public employee subject to the jurisdiction or authority of the City of Verona; specifically for purposes of considering employment and performance of the City Administrator. Motion carried on roll call vote 8-0. CLOSED SESSION The Common Council reconvened in open session at 7:46 p.m. No action was taken on the item. 11. Adjournment: Motion by Touchett, seconded by Kemp to adjourn at 7:46 p.m. Motion carried 8-0. Respectfully submitted, Holly Licht, City Clerk Administrator Report for October 10, 2022 Upcoming Meetings/Events • Joint City/Town Planning Meeting – October 12th at 7:00 p.m. • Tourism Commission – October 18th at 2:00 p.m. • Joint Fire Protection Meeting – October 26th at 6:00 p.m. • State of the City – November 1st at 8:00 a.m. • Committee of the Whole – November 2nd at 5:30 p.m. November Election Absentee ballots, for those with requests on file, were mailed out on Tuesday, September 20th. Ballots can no longer be returned to the drop boxes at City Hall. Voters must return the ballot via mail (postage is included), personally deliver it to City Hall during business hours, or personally deliver it to the polls on Election Day. Only the voter can return their ballot—a spouse, friend, neighbor, etc. cannot. Notice of these changes will be sent with the ballot. Additionally, there will be signage on the drop boxes and information on the City’s website and Facebook pages. Early voting will be available at City Hall on the following dates: • Tuesday, October 25th – Friday, October 28th, 7:30 a.m. – 4:30 p.m. • Monday, October 31st – Thursday, November 3rd, 7:30 a.m. – 6:00 p.m. • Friday, November 4th, 7:30 a.m. – 5:00 p.m. Early voting will be available at the Library on the following dates: • Wednesday, October 26th, 3:00 p.m. – 6:00 p.m. • Saturday, October 29th, 9:00 a.m. – 1:00 p.m. • Sunday, October 30th, 1:00 p.m. – 5:00 p.m. • Wednesday, November 2nd, 3:00 p.m. – 6:00 p.m. People are encouraged to visit MyVote.wi.gov to double check their polling places. Some people’s voting places have changed due to the redistricting. Free E-Waste Drop-Off Day The annual free E-Waste drop-off day for residents is October 22nd from 8:00 a.m. to 3:00 p.m. at the Public Works Facility at 410 Investment Court. Additional information is available on the City website or by contacting the Public Works Department. Employee Work Anniversaries The following employees have an October work anniversary: • Brad Stoll – Police Officer – 4 years • Stephanie Ehle – Senior Center Director – 3 years • Matt Miller – Firefighter Lieutenant – 19 years • Chris Rindy – Firefighter – 3 years CITY OF VERONA ENGINEER REPORT for October 10, 2022 MAJOR CONSTRUCTION PROJECTS (CITY) EASTSIDE INTERCEPTOR The project has been completed. There is ongoing tree care and maintenance throughout the fall. Project Website: https://www.ci.verona.wi.us/729/Eastside‐Interceptor‐Gravity‐Sanitary‐Se LINCOLN STREET STORMWATER FACILITY The project has been final accepted, all closeout documents have been received, awaiting final change order to be signed by City. Project Website: https://www.ci.verona.wi.us/738/Lincoln‐Street‐Storm‐Water‐Pond CTH M / CTH PB INTERSECTION EXPANSION All major work has been completed on the project. There are a few minor items and punchlist items that remain, which will be completed in the next week. Project Website: https://www.ci.verona.wi.us/774/County‐Hwy‐PB‐and‐M‐Intersection 18/151 AUXILIARY LANE Project is substantially complete. A few punchlist items remain for final acceptance. More information is included on the project website, linked below. Project Website: https://projects.511wi.gov/us18151‐verona/ WILDCAT WAY WATER MAIN CONNECTION The project is substantially complete and is in the process of being closed out. CTH PD AUXILLIARY LANE / TURN LANE EXTENSION A left turn auxiliary lane to Northern Lights is being constructed along westbound CTH PD beginning at Windswept Way. This work also includes extending the westbound left turn lanes. Stage 1 has been completed, and work has started on Stage 2. Stage 2 includes widening the median of WB CTH PD as well as work on the WB CTH PD left turn lanes to Northern Lights. Stage 2 traffic will have 2 lanes of traffic shifted to the north side of WB CTH PD and WB CTH PD left turns to Northern Lights Road will use the WB CTH PD through lanes. During nonpeak hours, one lane of traffic may be closed. Https://Aecom.Sharepoint.Com/Sites/Veronasitereviews/Shared Documents/General/Engineer Report/Engineer Report 20221010.Docx MAJOR CONSTRUCTION PROJECTS (BY OTHERS) WISDOT WIS 69 (COUNTY D TO VALLEY ROAD) This DOT project will improve WIS 69 between Belleville and Verona. The project is divided into two sections over two construction years. In 2022, WIS 69 will be reconstructed between Paoli and Verona. In 2023, construction will occur on WIS 69 between Belleville and Paoli. More information is included on the project website, linked below. Project Website: https://projects.511wi.gov/wis69/ MAJOR DESIGN PROJECTS PUBLIC WORKS FACILITY Conceptual layouts for the facility and site have been prepared by the Architect. Conceptual layouts were previously presented to the Public Works Committee. Staff hosted a Neighborhood Meeting on August 4, 2021, at the Cathedral Point Park to obtain feedback from the future neighbors. The open house included site and facility layouts with renderings of the buildings. More information is included on the project website, linked below. Project Website: http://www.ci.verona.wi.us/757/Public‐WorksUtilitiesParksRecreation‐Fac WI.US/757/PUBLIC‐ INHOUSE DESIGN & MAJOR MAINTENANCE PROJECTS 2022 ASPHALT STREET REHABILITATION PROJECT The project has been final accepted. Project closeout is complete. Project Website: https://www.ci.verona.wi.us/747/2022‐Asphaltic‐Street‐Rehabilitation‐Pro 2022 PAVEMENT SURFACE TREATMENT PROJECT The project has been final accepted. Project closeout is complete. Project Website: https://www.ci.verona.wi.us/748/2022‐Pavement‐Surface‐Treatment‐Project Https://Aecom.Sharepoint.Com/Sites/Veronasitereviews/Shared Documents/General/Engineer Report/Engineer Report 20221010.Docx DEVELOPMENT PROJECTS MORNINGSIDE BOULEVARD The project is substantially complete. Surface paving, pavement marking, and most of the punchlist items have been completed. The remaining punchlist items are planned to be completed in the next couple of weeks. COSTCO SITE AND PUBLIC IMPROVEMENTS All work/items have been completed and the remaining punchlist items are in the process of being completed. WHISPERING COVES PHASE 1 The project has restarted. Underground utilities are expected to resume the week of October 10th. Final restoration is anticipated to be completed in November. EAST TECHNOLOGY PARK (PONDS AND GRADING) Final grading and restoration of the ponds is currently being completed and a walkthrough to generate punchlist items will occur in the next week or so. EAST TECHNOLOGY PARK (STREETS) This work involves installing the underground utilities and roads for the addition to the Tech Park. Sanitary and water main installation began the week of 9/12 and is planned over the next couple of months. Portions of storm sewer and roadway grading and base is planned near the end of October or November. Curb and gutter, paving and other roadway items are planned for the spring of 2023. SUGAR CREEK ELEMENTARY PUBLIC IMPROVEMENTS Project is 99% complete. Remaining work includes landscaping and fencing adjacent to the retaining wall along Industrial Drive. KETTLE CREEK NORTH PHASE 5 The project has begun. Underground utilities are currently being installed. Final restoration is anticipated to be completed by late November. THE WOODS AT CATHEDRAL POINT PHASE 4 Underground utility installation continues. The developer is anticipating completion around the end of November. Https://Aecom.Sharepoint.Com/Sites/Veronasitereviews/Shared Documents/General/Engineer Report/Engineer Report 20221010.Docx AMBITION DRIVE EXTENSION The project has begun. Underground utilities are currently being installed. Final restoration is anticipated to be completed by late October/ early November. SUGAR CREEK COMMONS PUBLIC IMPROVEMENTS The turn lane removal is completed. US/757/PUBLIC‐ PUBLIC STORMWATER OUTREACH EVENTS WATER FILTER ACTIVITY Saturday, September 24, 2022, 2:00 PM ‐ 3:00 PM, Verona Public Library AECOM staff led a STEM activity at the Verona Library aimed at kids ages 7‐10. The kids got to “dirty up” water with things like vinegar, vegetable oil, and tea leaves to simulate the pollutants picked up by stormwater runoff. They observed the water’s color and clarity and tested the pH. Then the kids each built water filters using a soda bottle and filtering materials such as gravel, sand, sponges, activated carbon, rice, and cotton balls. The kids again observed the change in water color and clarity and tested the pH of the filtered water. Fun was had by all! RAIN BARREL AND YARD CARE BASICS Thursday, October 06, 2022, 6:30 PM ‐ 7:30 PM, Verona Public Library AECOM staff presented on rain barrel and yard care basics, including having a rain barrel on site to demonstrate the diversion of storm water from the downspout to the barrel. The presentation included the following information: 1. Tips and tricks for proper rain barrel installation, maintenance and the $30 reimbursement provided by Dane County and the additional $30 rebate (starting 2023) provided by Verona's Stormwater Utility for City of Verona residents. 2. Yard care strategies for maintaining a healthy yard including turf lawns, native plantings, downspout gardens, and rain gardens. Website: https://www.veronapubliclibrary.org/events Https://Aecom.Sharepoint.Com/Sites/Veronasitereviews/Shared Documents/General/Engineer Report/Engineer Report 20221010.Docx  MEMORANDUM To: Mayor and Council Members From: Adam Sayre, City Administrator Date: October 7, 2022 Re: Administrator’s Memo – October 10, 2022 Common Council Meeting Listed below is an explanation of items on the October 10, 2022 Common Council agenda: Finance Committee 1. Discussion and Possible Action Re: Resolution No. R-22-43 approving exceeding the levy limit for Joint EMS Districts This resolution allows the municipalities to exceed the levy limit if approved by all municipalities. The adjustment criteria are outlined in Statute 66.0602(3)(h) and state that the increase in charges assessed to a municipality for a joint fire department or a joint emergency medical service district may be added to the levy limit if the following three criteria are met: 1) The total charges assessed by the joint EMS district cannot increase more than CPI + 2%. The CPI used for this calculation has been certified as 7.7% making the allowed increase 9.7%. This percentage is much higher than normal due to the significant inflation currently experienced. The original budget submitted increases the total charges to all three municipalities by 6.92%. 2) The increase in the specific amount levied to pay for such charges would cause the municipality to exceed the limit that is otherwise applicable. Verona’s increase in the original budget submitted increased $50,930 or 6.92%. 3) All municipalities served by the joint district must adopt a resolution in favor of exceeding the limit. A levy limit adjustment that will provide current and future funding flexibility. In order for us to qualify, the City of Fitchburg and Town of Verona must also pass a supporting resolution. However, it is important to note that the other municipalities are not required to actually take the adjustment on their levy limit worksheet, even if they pass the resolution. It is important to note that this adjustment is base building. Meaning that the adjustment is permanent and will not need to be removed from prior years, even if future budgets decrease or don’t continue to qualify for the adjustment. The original budget submitted included a 6.92% total increase, which is well under the  maximum increase allowed of 9.7%. Because the levy limit adjustment is base building, there is an incentive to increase the District budget to utilize the full amount possible under the adjustment. One strategy, if there is interest by all the municipalities, is to increase the budget and rebuild the low fund balance quicker than currently included in the original budget. Then the following year, the amount can be reduced and/or redirected to other expenses. The amount currently included is $10,000 to rebuild the fund balance. 2. Discussion and Possible Action Re: Resolution No. 22-044 requesting exemption from County Library Tax Since the City of Verona funds its own library which exceeds the minimum standards established by the Dane County Board, the City may request an exemption from paying the Dane County Library Tax. To maintain this exemption, the City needs to take action each year formally making the request to the Dane County Board. The proposed resolution will exempt the City from the Dane County Library Tax. Public Works/Sewer & Water Committee 1. Discussion and Possible Action Re: Driveway Easement at 701 South Nine Mound Road This driveway easement is between the City of Verona and owner of 701 South Nine Mound Road to have a driveway connection to the property from South Nine Mound Road for future development. The easement boundary aligns with Half Mile Road to the east. The location of the easement is within the abandoned U.S. 18/151 and Half Mile Road right-of-way that Wisconsin Department Transportation transferred land rights to the City on 1/30/2017. City Staff coordinated with WisDOT to confirm that this driveway easement does not breach any conditions of the WisDOT / City transaction as well as City Attorney approval. 2. Discussion and Possible Action Re: Change Order No. 1 for Project 2018-114 Lincoln Street Stormwater Management Facility Drax’s Construction has substantially completed the project. Change order No. 1 is to rectify as-built quantities for the work required to complete the project. The contract notes are as follows: • Contract award value = $1,573,038.00 • Change order No. 1 = $19,165.50 (add) • Contract value after incorporating this change order = $1,592,203.50 Project closeout documentation has been provided from the Contractor to close the contract.  3. Discussion and Possible Action Re: Change Order No. 2 for Project 2022-101, 2022 City of Verona Asphalt Street Rehabilitation Wolf Construction has substantially completed the project. Change order No. 2 is to rectify as-built quantities for the work required to complete the project. The contract notes are as follows: • Contract award value = $195,990.00 • Previous change order No. 1 = $33,000 (add) • This change order (No. 2) = ($3,995.31) (deduct) • Contract value after incorporating this change order = $224,994.69 Project closeout documentation has been requested from the Contractor to finalize the contract. New Business 1. Discussion and Possible Action Re: Former New Century School building located at 401 West Verona Avenue. Discussion will include, but not limited to, the historic registry, Art House 360, and a Wisconsin Economic Development Corporation Community Development Grant. On June 27, 2022, the Common Council heard a presentation from the Art House 360 who expressed interest in acquiring the former school to use the building for theater, art, and dance. During that meeting Staff was directed to work with the Alexander Company and State to determine if the property could be listed on the National Historic Registry. The State has reviewed the request and determined the building could be listed on the Historic Registry as it meets Criterion “A”; Property is associated with historic events or activities. Staff is requesting direction on how to proceed. If directed to list the property, the City would need to hire a consultant to complete the registry process. https://www.wisconsinhistory.org/Records/Article/CS3140 The Art House remains interested in the property and has expressed interest in working with the Wisconsin Economic Development Corporation (WEDC) on a Community Development Investment (CDI) grant. This is a pass-through grant where the City is the applicant, receives the funds, and then disperses those to the Art House. Staff is also requesting direction to work with WEDC and the Art House on a CDI grant for the property. Further Staff is requesting direction to begin conversations with the Art House for a letter of intent for them to acquire the property. Discussion and Possible Action Re: Current litigation involving claims made by a contractor related to County Highway M/PD road project, specifically the Raymond Road pipe. Staff is requesting a closed session with the Common Council regarding litigation involving claims made by a contractor related to the County Highway M/PD road project, specifically the Raymond Road pipe.  CITY OF VERONA RESOLUTION NO. R-22-043 A RESOLUTION APPROVING EXCEEDING THE LEVY LIMIT FOR JOINT EMS DISTRICTS WHEREAS, under state law (sec, 66.0602(1)(ak), Wis Stats.), “Joint emergency medical services district” means a joint emergency medical services district organized by any combination of two or more cities, villages, or towns under sec 66.0301(2); and WHEREAS, City of Verona is a member of a joint emergency medical services district (FitchRona EMS); and WHEREAS, the joint emergency medical services district’s total charges assessed for the current year compared to the prior year, increased 6.92% which is less than or equal to the percentage change in the Consumer Price Index (CPI) from September 1, 2021 through August 31, 2022 plus 2%; and WHEREAS, all municipalities covered by the joint emergency medical services district must adopt a resolution supporting the increase in order to qualify for the adjustment to levy limits, and NOW THEREFORE BE IT RESOLVED, by the City of Verona Council that the increase in assessed charges results in the City of Verona exceeding its levy limit, allowing an adjustment in Section D, Line I on the 2022 levy limit worksheet and the City of Verona Council supports the increase. Passed, signed and dated this 10th day of October , 2022. CITY OF VERONA SEAL ______________________ Luke Diaz, Mayor ______________________ Holly Licht, City Clerk  CITY OF VERONA RESOLUTION NO. R-22-044 A RESOLUTION REQUESTING EXEMPTION FROM COUNTY LIBRARY TAX WHEREAS, the Dane County Board has established a county library and levies a county library tax as authorized under Section 43.57(3) of the Wisconsin Statutes, and WHEREAS the Dane County Library Board has determined that the library serving the City of Verona meets the minimum standards of operation established by County Board Resolution 185, 2011-2012 and later amended by County Board Resolution 98, 2013-2014 in compliance with Section 43.11(3)(d) of the Wisconsin Statutes, and WHEREAS, Section 43.64(2)(b) of the Wisconsin Statutes provides that a village or city which levies a tax for public library service and appropriates and expends for a library fund as defined by s43.52(1) during the year for which the county tax levy is made a sum at least equal to the county tax rate in the prior year multiplied by the equalized valuation of property in the city or village for the current year, and WHEREAS, the City of Verona will appropriate in 2022 and expend in 2023 an amount in excess of that calculated above, NOW THEREFORE BE IT RESOLVED, that the City of Verona hereby requests of the Dane County Board of Supervisors that the City of Verona be exempted from the payment of any tax for the support of the County Library Service as provided in Section 43.64(2). BE IT FURTHER RESOLVED that confirmed copies of this resolution be forwarded by the City Clerk to the following party: Tracy Herold, Director Dane County Library Service 1874 S. Stoughton Rd. Madison, WI 53716 Passed, signed and dated this 10th day of October, 2022. Vote: __________________________ CITY OF VERONA SEAL ______________________ Luke Diaz, Mayor ______________________ Holly Licht, Clerk  DRIVEWAY EASEMENT This Driveway Easement (the “Easement”) is entered into as of the ___ day of ___________, 2022. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Verona, a Wisconsin municipal corporation (“Grantor”), does hereby convey, grant, transfer, and assign to RVS Properties, LLC (“Grantee”), and its successors or assigns, the rights and easement hereinafter described. 1. Grantee Property. Grantee owns land in the City of Verona, Dane County, Wisconsin, THIS SPACE RESERVED FOR RECORDING DATA which land is described in Exhibit A attached RETURN TO: City of Verona hereto and incorporated herein (the “Grantee Attn: City Clerk Property”). 111 Lincoln Street Verona, WI 53593 2. Grantor Property; Driveway Easement. P.I.N. Grantor owns land in the City of Verona, 286/0608-211-8960-2; Dane County, Wisconsin, which land is 286/0608-164-9275-2 described in Exhibit B attached hereto and incorporated herein (the “Grantor Property”). Grantor does hereby grant, convey, transfer, and assign to Grantee a non-exclusive easement over the portion of Grantor Property shown on Exhibit C attached hereto and incorporated herein (the “Easement Area”) for the sole purpose of ingress and egress access to the Grantee Property. 3. Maintenance. Grantee shall maintain the Easement Area, including, but not limited to, removing snow and ice from the Easement Area and, when necessary, maintaining and/or re-constructing any concrete and/or asphaltic surfaces including gravel base course within the Easement Area. Grantee agrees and acknowledges that Grantor shall not maintain, and shall have no obligation to maintain, the Easement Area. 4. Public Utilities. Grantee agrees and acknowledges that Grantor and TDS Telecom (“TDS”) have underground utility facilities located in, under, or on the Easement Area, or have the right to place such facilities within the Easement Area. Grantee shall not take any action or permit others to take any action that interferes with or is inconsistent with Grantor’s or TDS’s utility facilities or their rights associated with the utility facilities. 5. Restrictions on Grantee. Grantee shall only use the Easement Area for ingress and egress access to the Grantee Property. Grantee shall not construct or install any building, fence, or structure of any kind upon the Easement Area; shall not place any materials in the Easement Area; and shall not drill in or upon or change the grade of the Easement Area. Grantee shall ensure Grantor and TDS have access through the easement area at all times to allow for maintenance of underground utilities. Notwithstanding the preceding sentences, Grantee may pave or surface the Easement Area to provide vehicular and 1  pedestrian access to the Grantee Property consistent with any lawful use of the Grantee Property so long as Grantee maintains a depth of at least 30 inches at all times between the surface of the Easement Area and Grantor’s and TDS’s underground utility facilities. 6. Binding Effect. The Easement granted by this document shall run with the land, is binding upon the successors and assigns of Grantor, and shall benefit Grantee and its successors and assigns. Grantee agrees and acknowledges that this Easement, and the rights contained herein, shall only apply to the owners of the Grantee Property. 7. Authority. Grantor and Grantee agree and acknowledge that the undersigned signatories to this Easement have full power and authority to act on behalf of Grantor and Grantee, and that all necessary and enabling resolutions have been enacted. 8. Non-Use. Non-use or limited use of the rights granted in this Agreement shall not prevent Grantee from later use of its rights to the fullest extent authorized in this Easement. 9. No Third Party Rights. Nothing in this Easement shall be deemed to create any right or privilege in any person or entity not a party to this Easement. 10. Counterparts. This Easement may be executed in one or more counterparts and upon execution and delivery by each of the parties hereto shall constitute one and the same enforceable agreement. 11. Entire Agreement. This Easement contains the entire agreement between the parties and may be amended only by an instrument in writing signed by all parties. All approvals required hereunder shall also be in writing. [Signature pages follow] 2  IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the dates noted below. GRANTOR: CITY OF VERONA By Luke Diaz, Mayor By Holly Licht, City Clerk STATE OF WISCONSIN COUNTY OF DANE Personally, came before me this _____ day of __________________, 2022, the above named Luke Diaz and Holly Licht, to me known to be the Mayor and City Clerk of the City of Verona, and the persons who executed the foregoing instrument and acknowledged the same. Print name: ____________________ Notary Public, State of Wisconsin My Commission: 3  GRANTEE: RVS Properties, LLC By Russel Swiggum STATE OF WISCONSIN COUNTY OF DANE Personally, came before me this ___ day of _______________, 2022, the above-named Russel Swiggum, to me known to be the persons who executed the foregoing instrument, and acknowledged the same. _______________________________ Print Name: _____________________ Notary Public, State of Wisconsin My Commission: _________________ Attachment: Exhibit A – Legal Description of Grantee Property Exhibit B – Legal Description of Grantor Property Exhibit C – Legal Description and Map of Easement Area This instrument drafted by: Bryan Kleinmaier Stafford Rosenbaum LLP 222 West Washington Ave., Suite 900 P.O. Box 1784 Madison, WI 53701-1784 608.256.0226 4  EXHIBIT A LEGAL DESCRIPTION OF GRANTEE PROPERTY Lot 1, Certified Survey Map No. 15264, recorded in the Office of the Register of Deeds for Dane County, Wisconsin, on October 18, 2019, in Vol. 109 of Certified Survey Maps, Pages 20 to 25, as Document No. 5532460, in the City of Verona, Dane County, Wisconsin. 5  EXHIBIT B LEGAL DESCRIPTION OF GRANTOR PROPERTY Part of the Southwest Quarter of the Southeast Quarter of Section 16, part of the Northwest Quarter of the Northeast Quarter of Section 21, Township 06 North, Range 08 East, City of Verona, Dane County, Wisconsin, more particularly described as follows: Commencing at the North Quarter corner of Section 21, aforesaid; Thence South 88 degrees 48 minutes 53 seconds along the North line of Section 21, aforesaid, 36.12 feet to the point of beginning; Thence North 29 degrees 03 minutes 33 seconds East, 61.32 feet; Thence North 87 degrees 06 minutes 04 seconds East, 1,155.18 feet; Thence South 00 degrees 00 minutes 00 seconds East, 13.34 feet to a point of curve; Thence Southeasterly 174.07 feet along an arc of a curve to the left, having a radius of 675.33 feet, the chord bears South 07 degrees 23 minutes 03 seconds East, 173.59 feet to the southerly right of way line of Half Mile Road; Thence North 86 degrees 43 minutes 23 seconds West along said right of way line, 127.34 feet; Thence North 87 degrees 06 minutes 36 seconds West along said right of way line, 131.89 feet; Thence North 88 degrees 29 minutes 02 seconds West along said right of way, 112.13 feet; Thence North 88 degrees 23 minutes 24 seconds West along said right of way line, 163.05 feet; Thence North 88 degrees 19 minutes 53 seconds West along said right of way line, 673.09 feet; Thence North 01 degrees 40 minutes 07 seconds East, 32.40 feet to the point of beginning. Said parcel contains 156,854 square feet or 3.601 acres. 6  EXHIBIT C LEGAL DESCRIPTION AND MAP OF EASEMENT AREA 7  EXHIBIT C DESCRIPTION OF EASEMENT AREA LEGAL DESCRIPTION A Driveway Easement within unplatted lands located in the NW1/4 of the NE1/4 of Section 21, T6N, R8E, City of Verona, Dane County, Wisconsin to-wit: Commencing at the North 1/4 corner of said Section 21; thence S88°48’53”E, 1115.90 feet along the North line of said NE1/4 to the point of beginning; thence continuing S88°48’53”E, 115.33 feet along said North line to a point on the Westerly right-of-way line of S. Nine Mound Road; thence Southerly along said Westerly right-of-way line along a curve to the left which has a radius of 675.33 feet and a chord which bears S12°36’06”E, 50.02 feet ; thence N86°40’44”W, 127.34 feet along said Westerly right-of-way line and the North line of Lot 1, Certified Survey Map No. 15264, to the Northwest corner of said Lot 1; thence N01°11’07”E, 43.83 feet to the point of beginning. Containing 5,575 square feet. DRIVEWAY EASEMENT MAP  City of Verona Public Works Department 410 Investment Court Verona, WI 53593 Phone: (608) 845-6695 Fax: (608) 845-5761 September 16, 2022 Ms. Lynn Gorman Drax, Inc 1213 N. Sherman Ave., Ste 361 Madison, WI 53704 Subject: Project Closeout and Final Payment City Project Number: 2018-114 Lincoln Street Storm Water Facility City of Verona, Wisconsin Dear Ms. Gorman: We find the above-referenced project complete and ready for final payment and project closeout. In order to complete this task, the following items shall be fully executed and provided. 1. Change Order number one (#1) signed. (This has already been completed) 2. Final payment request – to include change order quantities. Form is enclosed. 3. Affidavit of Compliance with Prevailing Wage Rate Determination from your firm. Please list all of your suppliers on the second page of the Prime Contractor Affidavit. a. I understand that this project did not require prevailing wage rates but the form is still valid for verification of payment. 4. Certification of Contractor that all suppliers have been paid. Form is enclosed. 5. Final lien waivers from all suppliers in accordance with Section 00 72 00 subsection Article 14.07.A.2 of the General Conditions of the contract documents. Forms shall be provided from prime and subcontractors. 6. Consent of Surety to Final Payment. Form is enclosed. Following recipient of the above documents, the request for final payment and project closeout will be processed and a recommendation for approval and final payment will be made to the public works committee and common council. Please feel free to contact me with any questions. My contact information is above in the letter head. Page 1 / 2 Sincerely, Eric Schulz Assistant Public Works Director Enclosures: As-noted. cc: Theran Jacobson, City of Verona Director of Public Works (e-mail) file Drafted / reviewed by: EAS/tpj S:\PROJECTS\2018-114_LINCOLN STREET STORMWATER FACILITY\CONSTRUCTION (PRE-CON & AFTER)\CLOSE OUT\PROJECT CLOSEOUT FORMS\2018-114, LINCOLN STREET STORM WATER FACILITY_CLOSEOUT REQUEST.DOCX Page 2 / 2  -SUBCONTRACTORS Moll Construction Inc. Hartford Landscape & Supply LLC 2547 Dyreson Rd PO Box 270259 McFarland WI 53568 Hartford WI 53027 608-77-3002 262-673-7668 Burse Surveying & Engineering. Inc. Ace Material Placing Inc. 2801 International Ln, Ste 101 2441 State Rd 11 Madison WI 53704 South Wayne WI 608-250-9263 608-279-0530 Soils & Engineering Services, Inc. 1102 Stewart St Madison WI 53704 608-274-7600  7&/%034 "EWBODFE
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  VENDORS, CON'T. Zurbachen Oil, Inc. Fabick/CAT 309 Bruce St. PO Box 952121 Verona WI 53593 St Louis MO 63195 608-845-6989 608-271-6200 Garrett Bloom  FINAL WAIVER AND RELEASE CONDITIONAL UPON PAYMENT The undersigned VENDOR: John Fabick Tractor Company will be fully paid for labor, services, equipment and as material fumished to: rented equipment for project number STREET STORM WATER MANAGEMENT FACILITY Drax, Inc. is the Prime contractor. -Known -2018-114 -LINCOLN Owner: Proiect Location: CITY OF VERONA Lincoln Street, Verona, WI 111 Lincoln St. Verona, WI 53593 Vendor: John Fabick Tractor ComPanY PO Box 952121 St Louis, MO 63195-2121 lien, stop Vendor, John Fabick Tractor Company does hereby waive and release any right to a Construction for delay, extra work, project notice, or any right to pursue any clairn against the said project, including claims Surety payment Bond -Drax, lnc. any Officers, Employees, Individuals of Drax Inc. and the City of Verona up to and through 121712021. The payment made in the amount of $6.125.86 Invoice #RIMR00012500 dated 1l17/2021 Account No. 1 275662 _ is being paid to Vendor for the it.uprovements and other items as listed in hereby the Rental Agreements. The Vendor, by its (insert title & name) states that all (but not limited to) Materials, Equipment, Rentals, Labor, Employee Belrefits, Wages, Transpoftation, and Taxes are paid in full. hereby John Fabick Tractor Company by its (insert title & name), Labor, Ernployee , Wages, Transportation, and Taxcs arc paid in full. ll (@u0 also states that (s)he is an authorized signer on behalf of the John Fabick Tractor Company hereby authorized to sign this Waiver of Lien. (ffir) V'QfL\ Fabick Tractor 2021. My Commission expircs  WAIVER OF LIEN - FINAL Materials or Labor (Wisconsin) To All Whom It May Concern: WHEREAS, Core & Main LP has been employed By: Drax Inc. To furnish Miscellaneous Supplies and/or related materials under a contract for the improvement of the premises described as: Lincoln Storm 111 Lincoln St. Verona, WI 53593 The owner of the job in the State of Wisconsin is NOW, THEREFORE this 9th Day of December 2021 For and in consideration of the sum of $13,695.95 Dollars, and other goods and valuable considerations, the receipt whereof is hereby acknowledged, do hereby waive and release any and all lien, or claim, or right of lien on said above described building and premises under the Statutes of the State of Wisconsin relating to Mechanics’ Liens, on account of labor or materials, or both, furnished or which may be furnished by the undersigned to or on account of the said building or premises. Full and Final Payment Received. Name of sole ownership, corporation, or partnership: Core & Main LP 1830 Craig Park Ct. St. Louis, MO. 63146 Signature: _______________________________________ By: Heather Plant Title: Credit Associate  WI Dane Drax, Inc. 1213 N Sherman Ave., Ste 361 Madison WI 53704 608-268-3468 Lynn Gorman, Contract Specialist 602-00000-54904-18-14