Village of Menomonee Falls, Wisconsin BOARD OF TRUSTEES MEETING MINUTES Monday, October 16, 2017 Village President, Joseph Helm, called the meeting to order at 6:39 p.m. The Pledge of Allegiance was recited. Present: Village President Joseph Helm; Trustee Katie Kress; Trustee Randy Van Alstyne; Trustee David Glasgow; Trustee Bonnie Lemmer; Trustee Paul Tadda; Trustee Jeremy Walz Staff Present: Village Manager Mark Fitzgerald; Village Attorney Michael Morse; Assistant Village Manager/Director of Public Works Arlyn Johnson; Village Clerk & Treasurer Janice Moyer; Director of Engineering Tom Hoffman; Director of Community Development Matt Carran; Director of Financial Services Jason Kaczmarek; Director of Utilities Jeff Nettesheim; Director of Protective Services Anna Ruzinski; Director of Library Services Karol Kennedy REPORTS AND PRESENTATIONS Village Centre BID Board Report Barb Watters gave the report. Old Falls Village will host their Halloween Family Fun Night on October 20th and 21st Trustee Jeremy Walz presented a PowerPoint. Menomonee Falls Public Library Report Trustee Paul Tadda gave the report. CONSENT AGENDA Motion by Trustee Bonnie Lemmer, second by Trustee Jeremy Walz to approve the Consent Agenda items as presented. Operator’s Licenses as listed: Madeline Baier Kristeen Dietrich Jessica Franklin Samantha Heritsch Ameen Khan Kristine Meinhardt Stephen Mork Ashley Schroedel Aliia Shafigullina Amber Sorgent Elizabeth Spenner Renata Thekan Isabel Woller Bill approval for September 2017 in the amount of $4,313,829.96
Transcript
Village of Menomonee Falls, Wisconsin
BOARD OF TRUSTEES MEETING
MINUTES
Monday, October 16, 2017
Village President, Joseph Helm, called the meeting to order at 6:39 p.m. The Pledge of Allegiancewas recited.
Present: Village President Joseph Helm; Trustee Katie Kress; Trustee Randy Van Alstyne;Trustee David Glasgow; Trustee Bonnie Lemmer; Trustee Paul Tadda; TrusteeJeremy Walz
StaffPresent:
Village Manager Mark Fitzgerald; Village Attorney Michael Morse; AssistantVillage Manager/Director of Public Works Arlyn Johnson; Village Clerk &Treasurer Janice Moyer; Director of Engineering Tom Hoffman; Director ofCommunity Development Matt Carran; Director of Financial Services JasonKaczmarek; Director of Utilities Jeff Nettesheim; Director of Protective ServicesAnna Ruzinski; Director of Library Services Karol Kennedy
REPORTS AND PRESENTATIONS
Village Centre BID Board ReportBarb Watters gave the report.
Old Falls Village will host their Halloween Family Fun Night on October 20th and 21st Trustee Jeremy Walz presented a PowerPoint.
Menomonee Falls Public Library ReportTrustee Paul Tadda gave the report.
CONSENT AGENDA Motion by Trustee Bonnie Lemmer, second by Trustee Jeremy Walz to approve the Consent Agenda
items as presented.
Operator’s Licenses as listed: Madeline Baier Kristeen Dietrich Jessica Franklin Samantha Heritsch Ameen Khan Kristine Meinhardt Stephen Mork Ashley Schroedel Aliia Shafigullina Amber Sorgent Elizabeth Spenner Renata Thekan Isabel Woller
Bill approval for September 2017 in the amount of $4,313,829.96
Vote: 7 - 0 Motion Carried
COMMITTEE AND COMMISSION REPORTS
GENERAL GOVERNMENT COMMITTEE
Operator's License Application - Ceara Jackson Motion by Trustee Jeremy Walz, second by Trustee David Glasgow to deny the issuance of an
Operator's License for Ceara Jackson on the grounds that the applicant has been convicted of afelony that substantially relates to the licensed activity.
Vote: 6 - 1 Motion Carried
Nay: Trustee Jeremy Walz
Ordinance Amending or Repealing Various Provisions of the Municipal Code to Eliminate CertainLicenses and Related Fees and to Create Regulations Related to Special Events
Village Attorney Morse presented a revised draft to the Village Board. The draft included a changeon Page 4 that listed an end time for special events of 11:00 p.m. and an additional change on Page6 that listed an end time of 10:00 p.m.for music or amplified sound.
Motion by Trustee Jeremy Walz, second by Trustee David Glasgow to approve an ordinance
amending or repealing various provisions of the Municipal Code to eliminate certain licenses andrelated fees and to create regulations related to special events. (Ordinance No. 698-O-17)
Vote: 7 - 0 Motion Carried
UTILITIES AND PUBLIC WORKS COMMITTEE
Termination of Agreement for a Holding Tank Agreement between the Village of Menomonee Fallsand FRED-Jade, LLC
Motion by Trustee Bonnie Lemmer, second by Trustee Katie Kress approve the termination of an
agreement for a Holding Tank Agreement between the Village of Menomonee Falls and FRED-Jade,LLC.
Vote: 7 - 0 Motion Carried
Award of Contract for Grand Ave Bio Retention Pond Project No. 74016 Motion by Trustee Bonnie Lemmer, second by Trustee Katie Kress to approve the Award of Contract
for Grand Ave Bio Retention Pond Project No. 74016, to the low bidder, Blaze LandscapeContracting, Inc. in the amount of $159,663.000. Funding for this project was approved as part of the2016 Capital Budget by the Village Board as part of the Grand Avenue Storm Sewer Replacementproject. The Village also received $123,000 in grant funding for this project from the MilwaukeeMetropolitan Sewerage District (MMSD) under their Green Solutions program.
Vote: 7 - 0 Motion Carried
Board of Trustees Meeting MinutesOctober 16, 2017Page 2
Development Agreement between the Village of Menomonee Falls and Brook-Falls Ventures, LLC Motion by Trustee Bonnie Lemmer, second by Trustee Katie Kress to approve a Development
Agreement between the Village of Menomonee Falls and Brook-Falls Ventures, LLC for theinstallation of water main as part of the Brookfalls Veterinary Clinic Development, subject toapproval of the exhibits by the Director of Engineering and Development.
Vote: 7 - 0 Motion Carried
Development Agreement between the Village of Menomonee Falls and United Financial Group, Inc. Motion by Trustee Bonnie Lemmer, second by Trustee Katie Kress to approve a Development
Agreement between the Village of Menomonee Falls and United Financial Group, Inc for theinstallation of water main as part of the future Highlands at Aero Park Development, subject toapproval of the exhibits by Director of Engineering and Development.
Vote: 7 - 0 Motion Carried
Ordinance Repealing and Recreating Section 106-107 of the Municipal Code Motion by Trustee Bonnie Lemmer, second by Trustee Katie Kress to approve an
ordinance repealing and recreating Section 106-107 of the Municipal Code relating to restrictions onheavy traffic operating on certain streets in the Village of Menomonee Falls. (Ordinance No.699-O-17)
Vote: 7 - 0 Motion Carried
It was noted that the Committee of the Whole meeting was scheduled and noticed to begin followinga short break.
ADJOURNMENT Motion by Trustee Jeremy Walz, second by Trustee David Glasgow to adjourn the meeting. Vote: 7 - 0 Motion Carried Village Board Meeting adjourned at 7:00 p.m.
Minutes transcribed and submitted by Janice Moyer, Village Clerk & TreasurerMinutes approved on November 20, 2017
Board of Trustees Meeting MinutesOctober 16, 2017Page 3
Village Board Meeting
Barb Watters
Oct. 16, 2017
Quiznos is coming to Colonial Plaza. Possible December opening. 1,500 sq. ft.
c
Welcome to: Jason Mallon Agent Formerly the Katie Rosso agency Main St. west of Appleton Ave.
Another Welcome to: Heidi Maas owner of MeikoBella Studio Her art consists of acrylic, oil, water colors and mixed media paintings. Shares space with Lyn Moran Photography behind Stanford Art Glass Studio
2 more Fridays – 4:00 – 9:00. This Friday’s sponsor is the Men. Falls Chamber of Commerce Food: Alumni Club and Chocolate Falls Music: Ryan Kautzer Band Sponsors: Robin’s Nest WaterStone Bank Marigold Marketplace RB Enterprise Hanson Soft Water Pete’s Main St. Headliners
Cc
FARMERS MARKETS Two more weeks for both the Wednesday and Sunday markets. Both run from 9:00 am – 2:00 pm
Enhancement Committee is working on possibly spearheading a Memorial brick/plaque/wall program. Went over possible locations. This program will take some time to put in place so look for updates some time next year.
ENCHANCEMENTS
Veterans Day Sat Nov.11 - 11:00 am Menomonee Falls Veterans Organizations invite all veterans and the public to - Dedication of a memorial bench engraved with the American Flag and POW flag in memory of veterans. This marks the 20th Anniversary of the Veterans Memorial Plaza at Mill Pond Plaza – Main St. near the dam.
Available for gift giving. Great for teachers, coaches, employees, friends, family and service related people in your life.
Thank you Barb Watters
.
www.menomoneefallsdowntown.com 262-251-8797
Village Board - Regular 4.b. Meeting Date: 10/16/2017 Topic: Halloween Family Fun Night at Old Falls VillageFrom: Mark Fitzgerald, Village Manager Department: AdministrationPresenter: Trustee Jeremy Walz
InformationSubject:Old Falls Village will host their Halloween Family Fun Night on October 20th and 21st.- Trustee Jeremy Walz
Background Information:
Key Issues for Consideration:
Action By Committee or Village Board:
Agenda AttachmentsNo file(s) attached.
Minutes AttachmentsPowerPoint Presentation
Village Board - Regular 4.c. Meeting Date: 10/16/2017 Topic: Menomonee Falls Public Library ReportFrom: Karol Kennedy, Director of Library Services Department: Library ServicesPresenter: Trustee Tadda
InformationSubject:Menomonee Falls Public Library Report - Trustee Paul Tadda
Background Information:
Key Issues for Consideration:
Action By Committee or Village Board:
AttachmentsLibrary Report
Menomonee Falls Public Library Announcements October 16, 2017 Menomonee Falls first annual comic book convention, Falls Library Comic Fest, will be held on Saturday, October 28. Most activities and events will take place from 11:00 a.m.-3:00 p.m., but films will start at 9:15 and a special superhero storytime will be held from 10:30-11:00 a.m. Stop in to enjoy crafts, a board game tournament, a costume contest and a chance to have your photo taken in front of our new green screen. Award-winning authors and illustrators including Matt Forbeck, John Jackson Miller, Steven D. Sullivan and Menomonee Falls High School graduate Rich Koslowski will participate in a creators’ panel discussion and be available for book signings. Vendors will have comics, art and other merchandise. This is an event for the entire family! The Menomonee Falls Library Friends group has been supporting library service in The Falls for more than 25 years. The Friends support the mission and goals of our library. They help fund special programs like Sensory Storytime and 1,000 Books Before Kindergarten, volunteer for Library programs and events, and promote the Library in the community. Library Friends groups help to make good libraries great. The Friends will be hosting a bake sale during Comic Fest. Homemade cookies and bars will be available for purchase. All proceeds from this sale go to our Library Friends. Saturday, November 4, get a head start on your holiday shopping at the Friends’ annual Holiday Bazaar. A variety of vendors will be at the Library from 9:00 a.m.-4:00 p.m. A portion of all sales goes to the Friends. Becoming a Library Friend is easy. Stop in the Library to learn more. Everyone is welcome. You can never have too many Friends. For more information on library programs, services or resources, please call, stop in or visit the library website - MenomoneeFallsLibrary.org.
Village Board - Regular 5.b. Meeting Date: 10/16/2017 Topic: Bill Approval for September 2017From: Mary Russart, Accounts Payable Clerk Department: Financial ServicesPresenter: Date of Committee
Action (if required): Date of Village BoardAction (if required):
10/16/2017
InformationSubject:Bill Approval for September 2017 in the amount of $4,313,829.96
AttachmentsBill Detail September 2017
VILLAGE OF MENOMONEE FALLS
Disbursement Summary - Sep 2017
Vendor Item Description G/L Account Description Line Total
ACCU-RITE 1,790.93
09/13/17 PARKS #205, Wheel alignment, RM-Vehicles RM-Vehicles 69.95
FD #413, upper/lower ball jts, frnt brake rotors,
severe duty pads, grease seals, frame bolts &
nuts
RM-Vehicles 1,720.98
ACS GOVERNMENT SYSTEMS INC. 4,755.00
09/21/17 FIREHOUSE Enterprise Version - Complete
System Support
IT Maint/Support 970.00
FIREHOUSE Enterprise Version - Additional User
Support
IT Maint/Support 1,665.00
FIREHOUSE Enterprise CAD Monitor Support IT Maint/Support 475.00
FIREHOUSE Enterprise CAD Monitor Additional
User Support
IT Maint/Support 1,125.00
FIREHOUSE Mobile PrePlan - Annual Support IT Maint/Support 180.00
FIREHOUSE Mobile Inspections - Annual Support IT Maint/Support 340.00
09/28/17 RM-Lift Station/Field Inspections-LS's RM-Lift Station 600.00
Grand Total 4,313,829.96
Page 26 of 26
Village Board - Regular 6.a. Meeting Date: 10/16/2017 Topic: Operator's License Application Ceara T. JacksonFrom: Jeff Knop, Captain Department: Protective Services DepartmentPresenter: Jeff Knop Date of CommitteeAction (if required):
10/16/2017 Date of Village BoardAction (if required):
10/16/2017
InformationSubject:Operator's License Application - Ceara Jackson
Background Information:See Attachments.
Key Issues for Consideration:Ordinance 6-29(d) (5)(a): Conviction of a felony within the last five (5) years which substantially relates to the alcoholbeverage licensing activity. Outstanding debt with the Menomonee Falls Municipal Court. See attached records.
Action By Committee or Village Board:
AttachmentsAppearance Letter and Application
Village Board - Regular 6.b. Meeting Date: 10/16/2017 Topic: Ordinance Creating Special Event RegulationsFrom: Michael Morse, Village Attorney Department: Clerk ServicesPresenter: Representatives of Village Clerk, Police
Department and Village Attorney Date of CommitteeAction (if required):
10/16/2017 Date of Village BoardAction (if required):
10/16/2017
InformationSubject:Adoption of an ordinance amending or repealing various provisions of the Municipal Code to eliminate certain licenses andrelated fees and to create regulations related to special events.
Background Information:See Village Attorney's memorandum.
Key Issues for Consideration:
Action By Committee or Village Board:Village staff recommends the Board of Trustees adopt the enacting ordinance that is part of the packet materials for this item.
AttachmentsVillage Attorney's Memorandum Proposed Ordinance-Special Events Current Chapter 10 of the Municipal Code
Memorandum TO: Mark Fitzgerald
Village Manager
FROM: Michael J. Morse Village Attorney
DATE: October 16, 2017
CC: Board of Trustees Janice Moyer Village Clerk
Chief Ruzinski Ast. Chief Waters Police Department
Arlyn R. Johnson Ast. Village Manager
RE: October 2, 2017 General Government Committee and Village Board Agendas: Adoption of an ordinance amending or repealing various provisions of the Municipal Code to eliminate certain licenses and related fees and to create regulations related to special events.
INTRODUCTION
This matter was on the Committee’s October 2 agenda for discussion. It is on the Committee’s October 10 agenda for consideration and a possible recommendation to the Village Board. It is on the Village Board’s agenda for possible final action if a recommendation is made by the committee.
It is on both agendas at the Village Clerk’s request. If adopted by the Village Board, the proposed ordinance will update Village licensing procedures by eliminating certain obsolete permits, regulations and related fees; and consolidating several other permits and licenses into a general set of standard regulations that would apply to “special events”.
In addition to this memorandum, the agenda packet contains two other documents. One is the proposed enacting ordinance. If adopted by the Village Board, Section 3 of the enacting ordinance at pages 1-8 would create a new Article II of Chapter 10 of the Municipal Code. I discuss the proposed new Article II and the other changes in the next section of this memorandum.
The other document is a copy of the current Chapter 10, regulates amusements and entertainments. I am providing it for background purposes. It is the chapter most significantly affected if the Board adopts the special event regulations set out in the proposed enacting ordinance.
The special event regulations in the new Article II will replace current Village regulations in Chapter 10 for carnivals, circuses and street fairs. The proposed regulations the regulation of block parties and parades currently contained in Chapter 106 of the Municipal Code (the Traffic
VILLAGE OF MENOMONEE FALLS, WI Office of the Village Attorney
Memorandum to Village Manager re: Special Event Regulations October 16, 2017 Page 2 of 5
Code). The proposed enacting ordinance also eliminates the license fees for these events. Finally, the proposed enacting ordinance will eliminate some licenses, permits and related regulations that the Village Clerk’s office has determined are obsolete.
OVERVIEW OF THE PROPOSED ENACTING ORDINANCE
A. Introduction
Subsection B pages 2-3 below contains a summary overview of 16 of the 17 sections comprising the proposed enacting ordinance. Section 3 of the enacting ordinance contains the new special event regulations. I review these regulations separately in Subsection C of this memorandum on pages 4-5.
B. Overview of Enacting Ordinance Sections Except Section 3
1. Section 1 is set out on page 1 of the enacting ordinance. It repeals current Article II of Chapter 10. This section will be replaced by the new Article II, which will be created under Section 3 of the enacting ordinance.
2. Section 2 is set out on page 1 of the enacting ordinance. It repeals Article V of Chapter 10, which contains regulations for dancehalls, teenage clubs, public dances and tavern amusements. The Village Clerk is recommending these regulations be repealed as outdated. Some of these events are also regulated under existing zoning regulations or under state or local alcohol regulations. Others no longer occur in the Village.
3. Section 3 is set out on pages 1-8 of the enacting ordinance. It creates the new special event regulations. I provide an overview of those regulations in Subsection B of this memorandum beginning at pages 4-5 below.
4. Section 4 is set out on page 8 of the enacting ordinance. It removes an archaic reference to the former position of Clerk-Treasurer, and replaces it with a reference to the current position of Village Clerk.
5. Section 5 is set out on page 8 of the enacting ordinance. It also removes an archaic reference to the former position of Clerk-Treasurer, and replaces it with a reference to the current position of Village Clerk.
6. Section 6 is set out on page 8 of the enacting ordinance. It revises the title to Chapter 10 of the Municipal Code in light of the revisions to the various regulations contained in the enacting ordinance. The current title of Chapter 10 is Amusements and Entertainments. The new title will be Amusements, Entertainments and Special Events.
7. Section 7 is set out on page 8 of the enacting ordinance. It repeals the regulations in the Traffic Code (Chapter 106) related to neighborhood block parties. Block parties will now be regulated in Chapter 10 under the special event regulations.
8. Section 8 is set out on page 8 of the enacting ordinance. It repeals the regulations in the Traffic Code (Chapter 106) related to parades. Parades will now be regulated in Chapter 10 under the special event regulations
Memorandum to Village Manager re: Special Event Regulations October 16, 2017 Page 3 of 5
9. Section 9 is set out on page 8 of the enacting ordinance. It revises the title of Article VII of the Traffic Code (Chapter 106). This article is currently entitled Parades, Street Closings and Block Parties. Since block party and parade regulations are being moved to the special event regulations in Chapter 10, the only regulations remaining in Article VII of the Traffic Code are those involving street closures. Section 9 of the enacting ordinance removes the references to block parties and parades from the title of Article VII of the Traffic Code.
10. Section 10 is set out on page 9 of the enacting ordinance. It repeals § 42.10(1) of the Municipal Code, which establishes the fees for carnival and street fair permits. Carnivals and street fairs will be regulated as special events. The Village Manager is proposing that there be no fees for special event licenses.
11. Section 11 is set out on page 9 of the enacting ordinance. It repeals § 42.10(4) of the Municipal Code, which establishes the fees for permits public dances, dancehalls and teenage clubs. As noted above, these regulations are being repealed.
12. Section 12 is set out on page 9 of the enacting ordinance. It repeals § 42.106(b) of the Municipal Code, which establishes the fees for neighborhood block party permits. Block parties will be regulated as special events. As noted above, the Village Manager is proposing that there be no fees for special event licenses.
13. Section 13 is set out on page 9 of the enacting ordinance. It amends an exemption in the transient merchant regulations of Chapter 70 of the Municipal Code. The current exemption in § 70.22(12) exempts transient merchants from local regulations if they are participating in special events authorized by the Village Board. The amendment broadens the exemption to cover special event licenses issued by the Village Manager under the new regulations.
14. Section 14 is set out on page 9 of the enacting ordinance. It revises a regulation in the Traffic Code regarding street closures. As revised, the regulation requires that a person seeking to close a street as part of a special event must obtain a special event license.
15. Section 15 is set out on page 9 of the enacting ordinance. It is a standard section in Village enacting ordinances, and addresses possible unintended conflicts between the changes in the enacting ordinance and existing code sections.
16. Section 16 is set out on page 9 of the enacting ordinance. It is a severability clause, which provides that if a court were to find a part of the enacting ordinance to be invalid for some reason, the rest of the enacting ordinance would still be valid. It is a standard section in Village enacting ordinances.
17. Section 17 is set out on page 9 of the enacting ordinance. It establishes the effective date of the ordinance. It will become effective on December 31 of this year, and will apply to all events occurring on or after January 1 of 2018.
Memorandum to Village Manager re: Special Event Regulations October 16, 2017 Page 4 of 5
C. OVERVIEW OF PROPOSED SPECIAL EVENT REGULATIONS IN SECTION 3 OF THE ENACTING ORDINANCE.
1. Section 10-21 [Purpose] is set out on page 1 of the enacting ordinance. It notes the legislative purpose behind the proposed regulations.
2. Section 10-22 [Definitions] is set out on pages 1-2 of the enacting ordinance. It contains definitions that apply to the special event regulations. It defines a special event as a temporary gathering of people involved in at least one of six categories of events listed in the definition. The categories include several events currently regulated in various parts of the Municipal Code: block parties, parades, street fairs, street closures, carnivals, circuses, and theatrical performances or exhibits.
3. Section 10-23 [Permit required; exemptions] is set out on pages 2-3 of the enacting ordinance. Subsection (a) sets out the preliminary requirement to obtain a special event license. The Village Manager will be recommending that there be no fee for special event licenses.
Subsection (b) identifies activities that are exempt from the licensing requirements. It notes certain specific exempted activities:
• Funeral processions,
• Certain school-related activities,
• Events occurring on property owned or controlled by another governmental agency, and
• Theatrical performances at schools or churches.
Subsection (b) also exempts events that may be subject to a separate and specific agreement approved by the Village Board. This may include events that are large enough to warrant a more significant use of Village resources. Any agreement approved by the Village Board can establish fees or costs for Village-provided services.
4. Section 10-24 [Requirements] is set out on pages 3-4 of the enacting ordinance. It imposes certain requirements on license applicants, and sets out the application review process.
5. Section 10-25 [Regulations] is set out on pages 4-6 of the enacting ordinance. It contains additional regulations for special events. Some regulate parking, sanitation facilities, illumination and fire prevention and refuse removal. Others address the following activities:
• Limitations on the duration of the event and hours of operation. The regulations require that the applicant specify the days upon which the event will occur. It also forbids special events between the hours of 10 PM and 6 AM.
• Estimated attendance. An applicant is required to specify an estimated maximum daily peak number of people reasonably expected to attend.
• Security. Unless waived by the Village Manager, an applicant must submit a security plan for any special event that is open to the public, or includes the sale of merchandise
Memorandum to Village Manager re: Special Event Regulations October 16, 2017 Page 5 of 5
or alcohol beverages. An applicant will work with the Police Department to create the security plan.
• Notification of neighbors. If the special event will require closing or partially closing one or more streets, the applicant must provide reasonable advance notice to the property owners abutting the location of the special event at least ten (10) days in advance of the event. They are also asked to supply the Village with the names and addresses of the affected neighbors.
• Barricades. The ordinance requires that barricades be used for street closures. They also may be required as part of a security plan. The applicant may only use barricades provided by the Village. This is to ensure that the barricades used for special events meet the standards set forth in the manual on uniform traffic control devices.
• Music or amplified sound. The ordinance imposes regulations on sound levels. In addition, it also provides that there shall be no music or amplified sound between 10 PM and 7 AM.
6. Section 10-26 [Insurance, indemnification and hold harmless] is set out on page 6 of the enacting ordinance. It imposes certain insurance requirements on parades or street fairs or an event where the Village Manager requires insurance. It specifies minimum insurance amounts, and requires an endorsement naming the Village as an additional insured. It requires that an event organizer hold the Village harmless and indemnify the Village for risks arising out of the event.
7. Section 10-27 [Application review and decision by the Village Manager] is set out on pages 6-7 of the enacting ordinance. It sets out the procedure and standards the Village Manager is to follow in making the decision whether to approve the issuance of a license, modify and approve the issuance of the license, approve issuance with conditions, or deny the application for a license. It requires that the Village Manager notify the applicant of his decision within five days of making it.
8. Section 10-28 [Special event cancellation or suspension] is set out on pages 7-8 of the enacting ordinance. It authorizes the Village Manager to suspend or cancel an event under certain conditions.
9. Section 10-29 [Appeals] is set out on page 8 of the enacting ordinance. It sets out an appeal procedure to the Village Board for individuals who are aggrieved by a decision of the Village Manager relating to an application for a special event license.
10. Section 10-30 [Penalty] is set out on page 8 of the enacting ordinance. It provides for the imposition of forfeitures if a special event is held in violation of the new regulations.
Village of Menomonee Falls Ordinance No. ____-O-17
AN ORDINANCE AMENDING OR REPEALING VARIOUS PROVISIONS OF THE MUNICIPAL CODE OF THE VILLAGE OF MENOMONEE FALLS TO ELIMINATE CERTAIN LICENSES AND RELATED FEES AND TO CREATE
REGULATIONS RELATED TO SPECIAL EVENTS
WHEREAS, it is deemed to be in the best interest of the Village of Menomonee Falls that the Municipal Code of the Village of Menomonee Falls be further modified and amended in the manner hereinafter more particularly set forth;
NOW, THEREFORE, the Board of Trustees of the Village of Menomonee Falls do hereby ordain as follows:
Section 1. Article II [Carnivals, Circuses and Street Fairs] of Chapter 10 [Amusements and Entertainments] of the Municipal Code is repealed.
Section 2. Article V [Dancehalls, Teenage Clubs, Public Dances and Tavern Amusements] of Chapter 10 [Amusements and Entertainments] of the Municipal Code is repealed.
Section 3. Article II [Special Events] of Chapter 10 [Amusements and Entertainments] of the Municipal Code is created to read as follows:
Article II. Special Events
Sec. 10-21. Purpose
The Village of Menomonee Falls recognizes special events organized by individuals, private organizations, and non-profits serve an important role in enhancing the village’s quality of life and can provide benefits to the community as a whole.
The village will review applications for special event licenses for the purpose of assisting the applicant in complying with the applicable public safety requirements.
The purpose of this article is the regulation of special events for the safety, security, health and well-being of participants and the public, and the protection of village property.
Sec. 10-22. Definitions
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Applicant means the organizer of a special event, who applies for a permit under this Section
Parade means any parade, march, ceremony, show, exhibition, pageant or procession of
any kind, or any similar display, in or upon any street or other public property.
Private property means any property that does not fall within the definition of Public Property as defined in this section.
Public property means all of the following:
(1) all rights of way identified by the Village of Menomonee Falls as such;
(2) all public streets, sidewalks, parking lots, pedestrian paths, bicycle paths, and similar ways over which the public has a right to travel;
(3) any village owned parks or properties;
(4) any property under the jurisdiction of the Village of Menomonee Falls; and
(5) any property owned by or under the jurisdiction of any other government entity.
Special event means a temporary gathering of people involving at least one of the items listed below. The village manager shall have the exclusive authority to determine whether an event meets the definition of “special event.”
(1) A public event on public property;
(2) A public event on private property, unless controlled by a conditional use permit per Chapter 122 of this Code;
(a) Permit required. No person or entity acting as an event organizer shall set up for, hold, or conduct a special event, within the municipal boundaries of the Village of Menomonee Falls without first obtaining a special event license. The village manager shall have the exclusive authority to determine whether or not a license is required for any particular event. Neither the village’s review of any license application nor its subsequent issuance of a license shall be construed as acceptance by the village or its representatives of any liability or responsibility for any injury or damage relating to the special event. A special event license is temporary in nature, and does not vest any permanent rights.
(b) Exemptions. This article shall not apply to
(1) Funeral processions;
(2) Students going to and from school classes or participating in educational activities, provided that such conduct is under the immediate direction and supervision of the proper school authorities;
(3) Events occurring on property owned or controlled by another governmental agency;
(4) Theatrical performances at schools or churches and performed within the particular school’s or church’s own building;
(5) Events that are subject to a separate and specific agreement, which is approved by the village board of trustees, to hold the event pursuant to the terms of the individual agreement. The agreement may modify the terms or requirements of this article and establish fees or costs for any village provided services under the agreement, provided the modification(s) meet the intent of this article.
Sec. 10-24. License Requirements
(a) Completed applications for a special event license shall be filed with the village clerk. Applications shall be on a form provided by the village and signed by the person or an authorized representative of the entity organizing the special event. The name(s), residence(s), and age(s) of the applicant(s) must be stated on the application. The application must be filed no later than 45 days prior to the event or first day of the event unless a shorter period of time is approved by the village manager.
(b) Special events must comply with all applicable village ordinances and requirements, including but not limited to traffic rules, street closures, park rules, state health laws, fire codes, building codes, zoning, food service, and fermented malt beverage and liquor license requirements, unless otherwise waived herein.
(c) The applicant shall identify a designated person who can be contacted at any time by any village representative, such as police, fire or public works, regarding the event.
(d) The Clerk shall refer the application for review and comment by the following village departments: clerk services, police, fire, public works, and parks; and may refer the application to additional village staff as the village manager believes is warranted by the specific circumstances of the event. Village departments shall notify the village manager of their review and comments on the application contingent upon changes or modifications to the original request, or take no position on the application.
(e) The approval of any special event license application shall also be conditioned
upon the approval of all other necessary permits, licenses, and inspections when any one or more of the following conditions apply:
(1) A temporary extension of an existing licensed premises (fermented malt beverages and/or intoxicating liquor license);
(2) Temporary Class “B” license for the sale of fermented malt beverages;
(3) Temporary “Class B” license for the sale of wine;
(4) Tents erected for use at the special event;
(5) Food peddler license;
(6) Park rental permit;
(7) Fireworks displays; and
(8) Any other permit or license required by ordinance of the Village of Menomonee Falls.
(f) The applicant shall use all reasonable efforts to ensure that participants and attendees comply with all village ordinances, traffic rules, park rules, state health laws, fire codes, and other licensing requirements, unless otherwise waived herein.
Sec. 10-25. Regulations
Applicants shall also comply with and applications shall address the regulations set out in this section. Supporting material, if required, must be attached to the application. Additional information may be required upon review by village departments.
(1) Duration of event and hours of operation.
a. Special events will not be open between the hours of 10 p.m. and 6 a.m.
b. The application shall specify the days upon which the event shall occur or, in the case of a seasonal or recurring events, the days within the calendar year upon which the event will occur.
c. The application shall also specify the hours during which pre-event set up and post event takedown operations will occur, and no such pre-event and post-event activities may be conducted other than as specified on the application and subsequently approved.
(2) Maximum attendance. a special event application shall specify the maximum daily peak number of people reasonably expected to attend.
(3) Parking.
a. The applicant shall take all reasonable precautions to minimize adverse effects on the neighborhoods directly affected by parking and traffic related to the special event.
b. The application shall include a parking plan that identifies areas the applicant has reserved for off street parking, or which the applicant reasonably expects to be utilized by event participants and attendees for off-street parking.
(4) Toilets and sanitation facilities. The applicant shall provide at the applicant’s cost sufficient toilet and sanitation facilities for the estimated maximum daily peak number of expected attendees during the special event.
(5) Security. Unless waived by the village manager, the applicant shall submit a security plan for the special event if the special event is open to the public, or includes the sale of merchandise or alcohol beverages. The applicant shall work with the Police Department to create a security plan if one is required.
(6) Illumination. If the special event is to continue during hours of darkness, the applicant shall comply with all applicable village regulations related to illumination.
(7) Fire Prevention and Detection. All fire protection applicable to the special event activities on the premises, shall be provided by the applicant as required by theFire Prevention and Protection Code, including alarms, extinguishing devices, fire lanes, and fire escapes, if warranted by the type of special event.
(8) Refuse removal. The applicant shall be responsible for all litter, refuse, and recycling generated by the special event; and shall take all reasonable efforts during the event for removing all litter, refuse, and recycling created during the event within 12 hours after the conclusion of the event, or in the case of an event over several days, each day at the end of that day’s event.
(9) Event(s) on private property. If the event is to take place on private property the applicant must obtain the permission of the property owner to use the property for the special event. The applicant must submit with the application the written evidence of the permission of the property owner to use the property for the special event.
(10) Notification to Neighbors. If the special event will require closing or partially closing one or more streets, the applicant shall provide reasonable advance notice to property owners abutting the location of the special event at least (10) ten days in advance of the event. The names and addresses of all affected neighbors, businesses, or schools must be submitted with the application. The applicant shall include the date, time, and location/route to all parties that abut the location of the special event and any other areas required during review
by village departments.
(11) Barricades. Barricades shall be required for street closures; and may be required by a security plan. Applicant shall use only barricades provided by the village. All barricades used for a special event shall meet standards set forth in the Manual on Uniform Traffic Control Devices.
(12) Music or amplified sound. Sound levels generated by the special event shall not exceed a level which unreasonably disturbs the peace and quiet of residents in the vicinity of the special event, taking all circumstances into consideration. In addition, there shall be no music or amplified sound between 10 P.M and 7 A.M.
Sec. 10-26. Insurance, indemnification and hold harmless
(a) Insurance. The applicant shall file with the village clerk a certificate of insurance for a parade or street fair or for an event where the village manager requires insurance. The applicant shall obtain, at the applicant’s sole expense, a policy of public liability insurance from an insurer licensed to issue policies in the State of Wisconsin, with limits of not less than $1,000,000 per occurrence and $2,000,000 aggregate, with an endorsement naming the Village of Menomonee Falls as an additional insured and loss payee. When insurance is deemed necessary, a special event license will not be issued until a certificate of insurance is received by the village clerk.
(b) Indemnification and hold harmless. Insofar as permitted by law and as a condition of receiving a permit under this article, an organizer of a Special Event shall be required to sign an agreement in a form acceptable to the Village in which the organizer agrees to indemnify and to hold harmless the Village of Menomonee Falls and its departments, employees and agents from any liability to any person resulting from any damage or injury to property or any person which occurs in connection with the permitted event proximately caused by any actions or inactions of the event organizer, the organizer’s officers, employees, or agents, or any person under the control of the event organizer.
Sec. 10-27. Application review and decision by village manager
(a) The village manager shall review the comments and recommendations submitted by village staff and shall approve, modify and approve, approve with conditions or deny the application. The village manager shall notify the applicant of this decision within 5 business days of making the decision.
(b) Standards. To the extent permitted by law, the village manager may base the decision regarding an application for a special event permit on one or more of the following:
(1) A prior experience of the applicant in holding any event, or in holding the
special event which is the subject of the application, will be considered and may impact the issuance of special event permits The village manager may deny an application for a permit if the applicant has on prior occasions made material misrepresentations regarding the nature or scope of any event or activity previously permitted, has held prior special events without proper permitting or licensing, or has violated the terms of a prior permit issued to or on behalf of the applicant.
(2) A permit may be denied, or conditions placed thereon, based upon considerations of the health, safety, and welfare of the community, and of the anticipated costs of holding such event.
(3) The application is not fully completed and applicant failed to include additional information as requested;
(4) The application contains material falsehood or misrepresentations;
(5) The applicant is not legally allowed to sign the application on behalf of an organization;
(6) The intended special event, use or activity would present an unreasonable danger to the health and safety of individuals expected to participate in the event, the neighborhood in which the event will take place, or village property and resources required to be involved with the proposed event;
(7) Activities expected to occur at the intended special event are prohibited by law;
(8) The intended special event would result in a concentration of persons, vehicles, or things which cannot be supported at the requested time or location due to a lack of sufficient open areas, streets, offsite parking, or traffic controls.
(9) Failure to provide an insurance certificate, when required.
Sec. 10-28. Special event cancellation or suspension
The village manager may suspend or cancel a special event license at any time and without prior notice if:
(1) The applicant fails to comply with any conditions placed on the license,
(2) The applicant violates the requirements of this article or any other applicable federal, state, local laws;
(3) Conditions exist which would adversely affect public health or safety;
(4) Conditions exist that would place facilities, grounds, or other natural resources at
Section 4. Section 10-107 [Application and investigation] of Division 2 [Arcade License and Device Permit] of Article IV [Amusement Devices and Arcades] of Chapter 10 [Amusements and Entertainments] of the Municipal Code is amended by deleting the term clerk-treasurer where it appears in subsections (a) and (b) of Section 10-107and replacing it with the term clerk.
Section 5. Section 10-108 [Issuance] of Division 2 [Arcade License and Device Permit] of Article IV [Amusement Devices and Arcades] of Chapter 10 [Amusements and Entertainments] of the Municipal Code is amended by deleting the term clerk-treasurerwhere it appears in subsections (a) and (b) of Section 10-108and replacing it with the term clerk.
Section 6. The title of Chapter 10 of the Municipal Code is amended to read as follows by adding the double underlined language (addition) and deleting the language highlighted with the strikethrough feature (delete):
Amusements, and Entertainments and Special Events
Section 7. Sec. 106-257 [Neighborhood block parties] of Division I [Generally] of Article VII [Parades, Street Closings and Block Parties] of Chapter 106 [Traffic and Vehicles] of the Municipal Code is repealed.
Section 8. Division 2 [Parades] of Article VII [Parades, Street Closings and Block Parties] of Chapter 106 [Traffic and Vehicles] of the Municipal Code is repealed.
Section 9. The title of Article VII of Chapter 106 [Traffic and Vehicles] of the Municipal Code amended to read as follows by deleting the language highlighted by the strikethrough feature (delete):
Parades, Street Closings and Block Parties
a substantial risk of damage or destruction if the special event were permitted to take place.
Sec. 10-29. Appeals
Any person aggrieved by any decision of the village manager relating to the granting, denial, suspension or cancellation of a special event license may appeal the decision to the village board. Such appeal shall be filed with the village clerk within (30) thirty days after the action taken or the notification to the applicant of the decision regarding the special event license.
Sec. 10-30. Penalty
In addition to any other penalty, any person convicted of violating any of the provisions of this article or any of the conditions of the license issued in accordance with this article shall be subject to a forfeiture as provided by Section 1-7 of the Menomonee Falls Municipal Code.
Section 10. Subsection (1) [Carnival and street fairs permits] of Section 42-10 [Amusements and entertainments] of Article I [In general] of Chapter 42 [Fees] of the Municipal Code is repealed.
Section 11. Subsection (4) [Public dances and dancehalls and teenage clubs] ofSection 42-10 [Amusements and entertainments] of Article I [In general] of Chapter 42 [Fees] of the Municipal Code is repealed.
Section 12. Subsection (b) [Neighborhood Block Parties] of Section 42-106[Traffic and Vehicles] of Article I [In general] of Chapter 42 [Fees] of the Municipal Code is repealed.
Section 13. Subsection 12 of Section 70-22 [Exemptions] of Division 1 [Generally] of Article II [Peddlers, Solicitors and Transient Merchants] of Chapter 70 [Peddlers, Solicitors and Transient Merchants] of the Municipal Code is hereby amended to read as follows by adding the double underlined language:
Sec. 70-22. Exemptions.…
(12) This article does not apply to transient merchants while doing business at special events authorized by the village board or the village manager under Chapter 10 of the Municipal Code.
Section 14. Paragraph (2) of Section 106-256 [Street Closing] of Division 1 [Generally] of Article VII [Parades, Street Closings and Block Parties] of Chapter 106 [Traffic and Vehicles] is repealed and recreated to read as follows:
Sec. 106-256. Street closing.…
(2) The person, firm, corporation, organization or group obtains a special event license under Chapter 10 of the Municipal Code.
Section 15.Except as specifically modified and amended by this ordinance, the Municipal Code of the Village of Menomonee Falls shall remain in force and effect exactly as originally adopted and previously amended. All ordinances or parts of ordinances inconsistent with or in contravention of the provisions of this ordinance are hereby repealed.
Section 16.SEVERABILITY. If a court of competent jurisdiction adjudges any section, clause, provision or portion of this ordinance unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby.
Section 17. EFFECTIVE DATE. This ordinance shall take effect on December 31, 2017; and will apply to all events on or after January 1, 2018.
Adopted by the Board of Trustees of the Village of Menomonee Falls on the
_____ day of October 2017.
Date Published/Posted:
___________________
By: ______________________________Joseph Helm, Village President
Attest: _____________________________Janice Moyer Village Clerk
Chapter 10 - AMUSEMENTS AND ENTERTAINMENTS
ARTICLE I. - IN GENERAL
Secs. 10-1—10-19. - Reserved.
Sec. 10-20. - Transfer of license or permit.
(a) Licenses or permits issued under this chapter shall not be transferable from one person to another, nor from one premises to another.
(b) As used in the previous subsection, the phrase "transferable from one person to another includes any of the following:
(1) The sale, lease, or sublease of the business;
(2) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or other means; or
(3) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of the law upon the death of the person possessing the ownership or control.
ARTICLE II. - CARNIVALS, CIRCUSES AND STREET FAIRS
Sec. 10-21. - Permit and fee required.
No carnival, street fair, theatrical performance, exhibit, circus or show shall be conducted in the village without a permit, except theatrical performances sponsored by schools or churches and performed within the particular school's or church's own building. The fee for such permit shall be as determined in section 42-10(1), and the permit shall be issued upon payment of such fee.
Secs. 10-22—10-40. - Reserved.
ARTICLE III. - THEATERS
DIVISION 1. - GENERALLY
Sec. 10-41. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Theater means any building or part of a building regularly or generally used for the exhibitions of movies or the performance of theatrical, operatic, vaudeville or other plays and performances to which an entrance fee is paid, but shall not include buildings or parts of buildings used only occasionally for the exhibition of movies or the performance of plays, lectures, concerts, and the like.
Sec. 10-42. - Duties of licensee.
A licensee under this article shall comply with the following requirements and standards of operation:
(1) Conduct and operation.
a. Quiet and good order. The licensee shall maintain quiet and good order upon the premises where any theater or drive-in theater is operated, and loitering shall not be permitted in or about the entrances to or exits from such theater.
Current Chapter 10 Page 2
b. Hours of operation. The licensee shall not conduct any show, exhibition or entertainment or remain open to the public between 2:00 a.m. and 12:00 noon on Sunday, and between 2:00 a.m. and 9:00 a.m. on other days, except that when daylight saving time is in effect the closing hour shall be 3:00 a.m.
c. Children must be accompanied. The licensee shall not admit any child under the age of 15 years to any drive-in theater unless accompanied by or with the express consent of and in direct personal charge of such child's parent or other responsible person.
d. Gambling prohibited. The licensee shall not, either directly or indirectly, maintain, operate or carry on any lottery, game of chance, game of skill, bank night, screeno, luck-o-grams, or any other games of similar nature, or engage in any similar device or plan.
e. Consumption of intoxicating beverages on premises prohibited. No person shall consume or be permitted to consume any alcoholic or fermented malt beverages on the premises of a theater or drive-in theater.
For the purpose of enforcing this subsection (1), any officer of the police department of the village may, while on duty and during the hours in which the licensed premises is open for business, enter upon the licensed premises.
(2) Standards for maintenance of premises.
a. Access. A drive-in theater licensee shall provide access to public streets or other public ways from at least two points at all times. Such means of access shall be kept clear by the licensee at all times to facilitate departure of persons in vehicles and to permit entrance of fire apparatus or ambulances in case of emergency. Drives shall be channelized by the licensee and limited to not more than three lanes to control traffic.
b. Paving or treatment. All drives and areas used by vehicles must be satisfactorily paved by the drive-in theater licensee or treated to avoid creating dust.
c. Lighting. Exits and aisles, and passageways leading to them, shall be kept adequately lighted by the theater and drive-in theater licensee at all times when open to the public. The licensee shall provide artificial light whenever natural light is inadequate.
d. Electrical installations. Except as otherwise provided by law, the theater and drive-in theater licensee shall provide electrical installations conforming to the requirements of the village electrical code. The electrical system shall be installed, maintained and operated in a safe and workmanlike manner. Installations shall be inspected and approved by the village electrical inspector before the theater is opened to the public and shall thereafter be open to inspection by the electrical inspector at all reasonable hours.
e. Fire extinguishing equipment. Fire extinguishing equipment shall be furnished by all licensees in such amount and in such locations as may be directed by the fire chief. Fire extinguishing equipment shall be inspected and approved by the fire chief before the theater is opened to the public and shall thereafter be open to inspection by the fire chief at all reasonable hours.
f. Sanitary facilities. Adequate and proper sanitary facilities, approved by the health authority, shall be provided by all licensees.
g. Attendants. At all times when any theater is open to the public, the licensee shall provide an adequate number of qualified attendants on duty at all times, who shall patrol the
Current Chapter 10 Page 3
exits, entrances and parking spaces to see that order is maintained, that disorderly or immoral conduct is prevented, that the entrances and exits are kept free from congestion, and that this section and all other governing ordinances, rules and regulations pertaining to theaters are observed.
h. Fence or wall. The licensee of any drive-in theater shall provide a wall or fence of adequate height to screen the patrons and cars in attendance at the theater from the view of the surrounding property. Such fence shall be of design and structure approved by the building inspector. The perimeter of the fence shall be landscaped with suitable plants and shrubbery to preserve, as far as possible, harmony with the appearance of the surrounding property.
i. Noise. Individual loudspeakers for each car shall be provided, and no central loudspeaker shall be permitted by the drive-in theater licensee.
j. Commercial activities. Any sale of soft drinks, confections or other articles of merchandise shall be governed by the laws and ordinances governing such business and shall require the same license as if such sales were conducted elsewhere.
Secs. 10-43—10-55. - Reserved.
DIVISION 2. - LICENSE
Sec. 10-56. - Required.
No person shall operate a theater or drive-in theater in the village without first obtaining a license as provided in this division.
Sec. 10-57. - Application procedure.
(a) Applications for licenses shall be made upon forms provided by the village manager or village manager's designee, and shall state:
(1) The name, home address and proposed business address of the applicant;
(2) The capacity of the theater in terms of seats;
(3) The hours of operation of such theater; and
(4) Such other information as may be reasonably necessary to effectuate the purpose of this section.
(b) An application for a drive-in theater permit shall be accompanied by a plan or drawing of such drive-in theater, showing its location, size and capacity; location and size of entrances and exits; kind of ground surface; location, size and construction of all structures; location, size and construction of walls, fences or barriers surrounding such premises.
Sec. 10-58. - Investigation.
After receipt of an application, the village manager or village manager's designee shall refer it to the village staff for an investigation as to compliance with all laws and ordinances.
Sec. 10-59. - Issuance.
When an application is approved by the village staff, which approval will be given if the theater will comply with all laws and ordinances, and the village manager or village manager's designee has determined that all procedural requirements of this division have been met. Such village manager or
Current Chapter 10 Page 4
village manager's designee shall issue the license required by this division upon payment of the license fee.
Sec. 10-60. - Term.
All licenses issued under this division shall expire on December 31 in the year in which the license was issued.
Sec. 10-61. - Suspension and revocation.
(a) Any license issued under this division shall be suspended or revoked by the village board after public hearing upon report to it by any investigating department which has approved the issuance of such license that:
(1) The licensee is operating in violation of this division or any other governing law, ordinance or regulation.
(2) The licensee is operating so as to constitute a nuisance by reason of noise on the premises.
(b) Notice of such public hearing or such suspension or revocation shall be promptly communicated to the holder of such license by the village manager or village manager's designee by mailing such notice to the applicant at the address set out in the application for such license.
Secs. 10-62—10-80. - Reserved.
ARTICLE IV. - AMUSEMENT DEVICES AND ARCADES
DIVISION 1. - GENERALLY
Sec. 10-81. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Amusement arcade means any establishment or location at which 11 or more amusement devices, as defined in this section, are maintained for public use. Amusement devices which are maintained in a private residence and which are not held out for public use do not constitute an amusement arcade under this article.
Amusement device means any machine, whether mechanical or electronic, or other device which is held out for public use as a game of entertainment, amusement, skill or chance, whether or not a fee is charged for such play. Amusement devices include, but are not limited to, pinball machines, electronic game machines and pool tables.
Sec. 10-82. - Penalty for violation of article.
In addition to or in lieu of suspension or revocation, violations of the provisions of this article shall be punishable in accordance with section 1-7 of this Code.
Sec. 10-83. - Purpose of article.
It is the desire of the village to provide for the regulation and supervision of business establishments which maintain amusement devices for public use. It is the intent of this article to ensure that such establishments are operated in an orderly manner and that such machines are not used for illegal gambling, constitute a public nuisance, or contribute to disturbances of the peace.
Sec. 10-84. - Violation of state law.
No amusement device covered by this section may be used in violation of Wis. Stats. ch. 945.
Current Chapter 10 Page 5
Sec. 10-85. - Supervision of premises.
There shall be constant, adequate supervision by an adult supervisor on the premises of persons using the premises so as to prevent violation of any law or ordinance.
Sec. 10-86. - Music or noise from devices.
Music or noise generated by any device shall not unreasonably disturb residents of adjoining residential property.
Sec. 10-87. - Condition of premises.
Premises in which amusement devices are located and used by the public shall at all times be kept in a clean, healthful and sanitary condition with ample approved lighting and ventilation in accordance with Code requirements. Operation shall at all times be in conformance with village building and zoning codes.
Sec. 10-88. - Service of intoxicating liquor or malt beverages.
No intoxicating liquor or fermented malt beverage may be possessed or consumed on the premises unless the premises is licensed for such purpose, nor may controlled substances, as defined in Wis. Stats. ch. 961, be consumed on the premises.
Secs. 10-89—10-105. - Reserved.
DIVISION 2. - ARCADE LICENSE AND DEVICE PERMIT
Sec. 10-106. - Required.
(a) No person shall operate a business or maintain a location which constitutes, in whole or in part, an amusement arcade, as defined in this article, without first having obtained an amusement arcade license as set forth in section 10-107 and a conditional use permit under section 122-566(2).
(b) No person shall maintain any amusement device which is held out for public use at any location in the village without first having obtained an amusement device permit as set forth in this division.
Sec. 10-107. - Application and investigation.
(a) Application. Application for an arcade license or a device permit shall be on forms provided by the village clerk-treasurer, shall be under oath and shall contain the following statements:
(1) The name and address of the applicant or agent.
(2) The name, address and specific location of the premises at which the amusement devices will be placed and operated.
(3) The number and type of machines and devices at that premises.
(4) A statement that the applicant understands and agrees to the conditions of the license or permit.
(5) The applicant has not been convicted of a misdemeanor (not involving Wis. Stats. chs. 340—349) more than three times.
(6) The applicant has not been convicted of a felony, unless pardoned.
(7) The applicant has not been convicted of possession or use of a controlled substance under Wis. Stats. ch. 161.
(8) The applicant has not been convicted of gambling, unless pardoned.
Current Chapter 10 Page 6
(9) The applicant has not been convicted of crimes relating to prostitution or crimes of moral turpitude.
(10) If the applicant is a corporation, all officers and directors owning ten percent or more of the stock of such corporation shall also sign, under oath, the application.
(b) Investigation. The application shall be investigated by the chief of police or his designee who shall report his findings and make his recommendation to the village clerk-treasurer or village board prior to action thereon.
Sec. 10-108. - Issuance.
(a) If an application under this division indicates that the premises to be licensed will not constitute an amusement arcade, the village clerk-treasurer shall, in accordance with the recommendation of the chief of police, issue an amusement device permit upon payment of the fee prescribed above. Such permits shall be issued for a period not to exceed 12 months and shall expire on June 30 of each year. The permit shall specify the maximum number of machines permitted. If the permittee increases the number of machines at the location for which the permit was granted, an amended application must be filed.
(b) If an application filed under this division indicates that the premises described will constitute an amusement arcade, the village clerk-treasurer shall receive a combined fee for the amusement arcade license and shall not issue an amusement arcade license unless satisfied that the applicant for such license meets the requirements set forth as follows and that the issuance of such license is consistent with the purposes of this article. Any license granted under this article shall be for a period not to exceed 12 months and shall expire on June 30 of each year. Should an applicant desire to increase the number of machines permitted under the license, an amended application shall be filed with the village clerk-treasurer along with payment of any additional fee. An amended application shall be considered in the same manner as a regular application.
Sec. 10-109. - Licenses for individuals.
(a) In determining whether the applicant is qualified for a license under this article, the village board shall consider the following factors:
(1) No license shall be granted to any person who has habitually been a law offender (the term "habitually" being understood to mean three convictions for petty offenses within the past three years, or a conviction of a felony, unless the person so convicted has been duly pardoned).
(2) No license shall be granted if the applicant fails to complete the application, if the applicant refuses to disclose any information required thereby or if the applicant misrepresents, evades or lies with respect to any answer.
(3) No license shall be granted to any applicant who has failed to comply with the specified conditions of a similar license during the previous 12-month period.
(b) No corporation, firm, association or club shall be granted a license under this article except through an agent thereof first duly appointed by it who is at the time of filing application an officer, manager or member thereof, and who shall have vested in him by proper, written and executed authorization, full authority and control of the premises described on the application and of the conduct of all business and acts thereon. Such agent shall be fully qualified for a license under subsection (a) of this section and shall be personally responsible for compliance with all the terms and provisions of this article. If such appointed agents shall, during the license year, cease to be an
Current Chapter 10 Page 7
officer, manager or member of the corporation, firm, association or club on whose behalf the license was issued, a new license shall be required and application therefor shall be made pursuant to the terms and provisions of this article.
Sec. 10-110. - Permit fee.
The permit fee shall be as set forth in section 42-10(4).
Sec. 10-111. - Number of devices permitted.
The total number of amusement devices may not exceed the maximum number specified on the permit or license at the location for which the permit or license was granted.
Sec. 10-112. - Transfer.
Amusement arcade licenses and amusement device permits shall not be transferable. However, one amusement device may be substituted for another without permission from the village.
Sec. 10-113. - Display.
The license or permit certificate shall be displayed in a public area of the premises.
Sec. 10-114. - Suspension, revocation or nonrenewal.
(a) In addition to any other grounds stated in this article, a license or permit may be suspended and machines sealed by the chief of police or his designee whenever there is a reasonable cause to believe that there is an immediate threat to the public health, safety or welfare by violation of a law or ordinance. Such suspension shall not be effective for more than ten days without a hearing unless agreed to in writing by the village and the licensee or his representative.
(b) There shall be no operation of amusement devices without a license or permit during suspension or after revocation.
Secs. 10-115—10-135. - Reserved.
ARTICLE V. - DANCEHALLS, TEENAGE CLUBS, PUBLIC DANCES AND TAVERN AMUSEMENTS
DIVISION 1. - GENERALLY
Sec. 10-136. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Public dance, public ball means any dance or ball to which admission can be had, either without charge, or by payment of a fee or by the purchase, possession or presentation of a ticket, token, money or other valuable thing, or in which a charge is made for the caring of clothing or other property, or any other dance or any party where dancing is held before or after a program of some other nature than dancing to which any of the public generally may gain admission with or without the payment of a fee.
Public dancehall means any room, place or space in which a public dance or public ball may be held, or in which classes in dancing are held and instruction in dancing given for hire.
Tavern amusements means giving, permitting, producing, presenting, conducting, and offering entertainment or exhibitions consisting of music, dancing, singing, floor shows, cabaret performances, upon the premises licensed as a class B tavern to sell fermented malt beverages.
Current Chapter 10 Page 8
Teenage club means any room, place or space used to provide entertainment, food and nonalcoholic beverages for money, or other thing of value, and catering to a clientele comprised primarily of persons under 21 years of age.
Sec. 10-137. - Scope of article.
(a) The provisions of this article shall apply without limitation because of enumeration in this article, to all publicly owned buildings, school, church, veterans' organizations, fraternal or private club and similar premises.
(b) The provisions of this article shall not apply to premises licensed as class B taverns to sell fermented malt beverages in cases where instrumental music is provided by not more than three persons, nor to incidental dancing by less than ten persons at one time.
Secs. 10-138—10-150. - Reserved.
DIVISION 2. - LICENSE
Sec. 10-151. - Required for dancehall and teenage club.
(a) It shall be unlawful for any person to hold any public dance or public ball, or tavern amusements, or to hold classes in dancing within the limits of the village until the dancehall or tavern premises in which the same may be given or held shall first have been duly licensed for such purpose. No person shall permit any room, building or real estate owned or controlled by him to be used for the purpose of public dancehall unless the premises shall be licensed as provided in this division.
(b) It shall be unlawful for any person to open or cause to be opened, or conduct, maintain, operate or manage any teenage club within the village without first having obtained a license as set forth in this division. No person shall permit any room, building or real estate owned or controlled by him to be used for the purpose of a teenage club unless the premises shall be licensed as provided in this section.
Sec. 10-152. - Classes of licenses.
There shall be following classes of public dancehall, public ball, or tavern amusement licenses:
(1) Class 1 dancehall license. When issued by the village manager or village manager's designee under authority of the village board, shall entitle the holder thereof to permit public dances and balls to be held on premises having a minimum of 2,000 square feet of floor space for the exclusive purpose of dancing, and such dancehall is separated from but connected with premises licensed as a class B tavern to sell fermented malt beverages.
(2) Class 2 dancehall license. This license, when issued by the village manager or village manager's designee under the authority of the village board, shall entitle the holder of such license to permit public dances and balls to be held on premises having a minimum of 1,200 square feet of floor space for the exclusive purpose of dancing, and such dance or ball is separated from, but connected with, premises licensed as a class B tavern to sell fermented malt beverages.
(3) Class 3 dancehall license. This license, when issued by the village manager or village manager's designee under the authority of the village board, shall entitle the holder of such license to permit public dances to be held on premises having a minimum of 1,200 square feet of floor space for the exclusive purpose of dancing and is not connected in any way with premises licensed in any manner for the dispensing or consumption of alcoholic beverages.
(4) Tavern dance license. This license, when issued by the village clerk-treasurer under the authority of the village board, shall entitle the holder of such license to permit public dances to
Current Chapter 10 Page 9
be held on premises having less than 1,200 square feet, but more than 100 square feet of floor space for the exclusive purpose of dancing, and such dance floor space is an integral part of a premises licensed as a class B tavern to sell fermented malt beverages, but this license shall not permit entertainment, exhibitions or floor shows.
(5) Tavern amusement license. This license also known as a nightclub license, when issued by the village clerk-treasurer under the authority of the village board, shall entitle the holder of such license to give, permit, produce, present, conduct and offer entertainment or exhibitions consisting of music, dancing, singing, floor shows, cabaret performances upon the premises licensed as a class B tavern to sell fermented malt beverages, and shall permit dancing by patrons, provided that there is a minimum of 100 square feet of floor space for the exclusive purpose of such dancing.
(6) Teenage club license. This license, when issued by the village manager under the authority of the village board, shall entitle the holder of such license to operate a teenage club on premises having a minimum of 1,500 square feet, excluding kitchen, restroom and entrance areas on the ground floor level or first floor of the building. Dancing shall be permitted, provided that there is a minimum of 300 square feet of floor space for the exclusive purpose of dancing at any time and a minimum of ten square feet for every person when more than 30 persons are dancing simultaneously.
(7) Special event license. This license, when issued by the village clerk-treasurer under the authority of the village board, shall entitle the holder of such license to give, permit, produce, present, conduct and offer entertainment or exhibitions consisting of music, dancing, singing, floor shows, cabaret performances upon the premises licensed as a class B fermented malt beverage tavern and shall permit dancing by patrons for a special promotion, celebration or other special event. The duration of a special event under the terms of this license shall not exceed four consecutive days and no more than five such events shall be permitted at any one such class B licensed premises during any calendar year.
Sec. 10-153. - Application; filing; contents.
The application for such license shall be filed with the village manager or designee. Such application, provided by the village, shall state:
(1) The names, residences and ages of the applicants, if an individual, firm or partnership, or the names of the principal officers, their residences, and ages, if the applicant is an association or corporation.
(2) The names of persons whom such firm, partnership, corporation or association shall designate as manager or person in charge, with the addresses of such persons.
(3) Length of time such applicant, if an individual, firm or partnership, or the manager or person in charge, if the applicant is a firm, partnership, corporation or association, has resided in the village, his places of previous employment, whether a citizen of the United States and a resident of the village, whether he has been convicted of violating any law or ordinance regulating the conduct of public dancehalls or public dances or teenage club and, if so, when and in what court.
(4) The premises where such public dance or public dancehall or teenage club is to be located or conducted, giving street and number of all entrances, the location of the rooms to be occupied and the total amount of square foot space to be used for dancing purposes.
Current Chapter 10 Page 10
(5) Whether the applicant or manager had, either alone or with someone else, previously engaged as owner or employee in conducting a public dancehall, when and where and for how long.
(6) The name and address of the person owning the premises for which a license is sought.
(7) Whether a hotel, roominghouse or lodginghouse is conducted in any part of the premises for which a license is sought.
(8) Such other information as the village manager or his designee may require.
Sec. 10-154. - Qualifications of applicants for dancehall licenses and teenage club licenses.
(a) No license shall be granted to any person to hold any public dance or public ball or tavern amusements and teenage club activity within the village who:
(1) Is not 18 years of age.
(2) Is not a citizen of the United States and has not resided in the village continuously for 90 days prior to application or does not agree, in writing, by signing the application for such license to become a resident of the village within 180 days of the granting of the license.
(3) Has been convicted of a felony unless such person has been pardoned.
(4) Has been a habitual petty law violator or has been convicted more than once in the five years immediately prior to the date of application of violating any provisions of this article.
(b) The provisions of this section shall not apply to state corporations, but shall apply to all officers and directors of such corporations, and to officers, directors and persons in charge or control of the operation of schools, churches and similar organizations.
Sec. 10-155. - Investigation; issuance.
(a) Whenever any applicant for a license, as provided for in this article, shall have complied with all the conditions and regulations therein contained relative to the filing of the application, it shall be the duty of the village manager or designee to investigate or cause to be investigated each original application for a dancehall license. The village staff who shall inspect or cause to be inspected each application to determine whether the public dancehall sought to be licensed complies with the regulations, ordinances and laws applicable thereto. The staff shall furnish to the village manager or designee in writing a recommendation as to whether the license should be granted or refused and the reasons therefor.
(b) No license shall be renewed except after inspection, and no alterations, changes or additions shall be made to such licensed premises without a building permit. Renewal licenses, if favorably approved, may be automatically issued by the village manager or designee.
Sec. 10-156. - Premises to conform to state and local regulations.
No license for a public dancehall or a tavern dance or teenage club or amusement premises shall be issued until it shall be found that such premises complies with and conforms to all code provisions, health and fire regulations of the village and state, that it is properly ventilated and supplied with sufficient toilet conveniences and is a safe and proper place for the purposes for which it is to be licensed.
Sec. 10-157. - Date of expiration; posting.
Each license granted under this article, except as provided in section 10-158, shall expire on June 30 next after the granting of such license, and the license shall be posted in a conspicuous place within the
Current Chapter 10 Page 11
hall in which the dance is held. Each license shall by its terms be made subject to revocation as provided in section 10-161.
Sec. 10-158. - Area for dancing; signage.
Each dancehall or tavern amusement license or teenage club license issued shall show the number of square feet to be used for the exclusive purpose of dancing and the number of persons who may be dancing at one time at the ratio of ten square feet per person. A sign with letters and numbers no less than two inches in height, stating the maximum number of persons who may be dancing at one time, shall be posted in at least two conspicuous places, one of which shall be at the main entrance to the premises licensed as a dancehall.
Sec. 10-159. - Exhibition of nude body.
No tavern amusement license nor any other license issued by the village manager or designee under the authority of the village board shall permit the indecent exhibition of the nude human body, in whole or in part.
Sec. 10-160. - Fees.
The fees which shall be paid to the village for licenses required by this division shall be as established in section 42-10(4)
Sec. 10-161. - Inspection.
It shall be a condition of any license issued under this article that the licensed premises may be entered and inspected at any reasonable hour by the village manager or designee without any warrant, and the application for a license under this article shall be deemed a consent to this section. Any refusal to permit such inspection shall automatically operate as a revocation of any license issued under this article, and shall be deemed a violation of this article.
Sec. 10-162. - Revocation.
(a) The village board of trustees may, at any time after giving five days' written notice to the licensee of an opportunity to be heard by the village board and after such hearing shall have taken place, revoke any license granted under the provisions of this article for disorderly conduct on the premises or upon proof that the premises or a public function given under the same auspices was frequented by a disorderly person, or for the violation of any rules, regulations, ordinances or laws pertaining to the conduct of the licensed business or activity.
(b) Whenever any license or permit shall be revoked, no refund of any unearned portion of the license fee paid shall be made, and at least six months from the time of such revocation shall elapse before another license or permit shall be given to conduct a public dance in the same premises. Notice of such hearing and the reason therefor in writing shall be served by the village manager or designee upon the person named in the application by mailing the notice to the address given in the application.
Village Board - Regular 7.a. Meeting Date: 10/16/2017 Topic: Termination of a Holding Tank Agreement between the Village and FRED-Jade, LLC.From: Tom Hoffman, Director of Engineering Services Department: Engineering ServicesDate of CommitteeAction (if required):
10/16/2017 Date of Village BoardAction (if required):
10/16/2017
InformationSubject:Consideration of a Termination of Agreement for a Holding Tank Agreement between the Village of Menomonee Falls andFRED-Jade, LLC.
Background Information:There is currently a holding tank agreement for a parcel located at N72 W12821 Good Hope Road which is currently ownedby Fiduciary Real Estate Development (FRED). FRED intends to demolish the existing buildings and construct the Jadeapartments on this parcel and others to the east. In order to do this the holding tank agreement needs to be terminated.
Key Issues for Consideration:
Action By Committee or Village Board:
AttachmentsTermination of Holding Tank Agreement Original Holding Tank Agreement to be Terminated
MIL-28829994-1
TERMINATION OF AGREEMENT
This instrument was drafted by and should be returned to:Brad DalletHusch Blackwell LLP555 E. Wells Street, Suite 1900Milwaukee, WI 53202
Parcel I.D. No: See Exhibit A
THIS TERMINATION is made as of the ___ day of __________, 2017, by and between the Village of Menomonee Falls (“Village”) and FRED-Jade, LLC, a Wisconsin limited liability company (“FRED”).
A. FRED is the owner of certain real estate located in the Village of Menomonee Falls, Waukesha, Wisconsin, as legally described on the attached Exhibit A (the “Property”).
B. A portion of the Property is subject to that certain Agreement dated April 1, 1985, and recorded April 8, 1985, in Reel 665, at Images 819-822, Document No. 1291813 (the “Holding Tank Agreement”).
C. The Village and FRED now wish to terminate the Holding Tank Agreement.
NOW THEREFORE, the Village and FRED hereby terminate the Agreement, and relinquish any and all right, title and interest in the Agreement.
(SIGNATURE PAGES FOLLOW)
2MIL-28829994-1
FRED-JADE, LLC
By: FIDUCIARY REAL ESTATE DEVELOPMENT, INC., its Manager
By:Brett K. Miller, President and CEO
STATE OF WISCONSIN )) ss.
WAUKESHA COUNTY )
Personally came before me this ____ day of _______, 2017, the above named Brett K. Miller, as President and CEO of Fiduciary Real Estate Development, Inc. to me known to be the person who executed the foregoing instrument and acknowledge the same.
______________________________________________________________________Notary Public, State of WisconsinMy commission:_____________________
__________________________________________________, Village Clerk
STATE OF WISCONSIN )) ss.
WAUKESHA COUNTY )
Personally came before me this ____ day of September, 2017, the above named _____________, as __________________ and _____________________, as Village Clerk of the Village of Menomonee Falls to me known to be the person who executed the foregoing instrument and acknowledge the same.
______________________________________________________________________Notary Public, State of WisconsinMy commission:_____________________
4MIL-28829994-1
Exhibit A
That portion of Lot 1 of Certified Survey Map No. _____, recorded October __, 2017, in Volume ____ ofCertified Survey Maps on Pages ___ to ___ as Document No. _______, being a combination of Lands located in a part of the Northwest 1/4 and Northeast 1/4 of the Northeast 1/4 of Section 24, Town 8 North, Range 20 East, in the Village of Menomonee Falls, Waukesha County, Wisconsin.
Which was formally known as that part of the Northwest 1/4 of the Northeast 1/4 of Section 24, Town 8 North, Range 20 East, Village of Menomonee Falls, County of Waukesha, State of Wisconsin, described as follows, to-wit: Commencing at a point in the North line of said Northeast 1/4 Section 24, said point being 1179.32 feetSouth 89° 45' East of the North 1/4 corner of said Section; thence South 0° 10' West 500 feet to a point; thence South 89° 45' East and parallel to said North line 132 feet to a point; thence North 0° 10' East 500 feet to a point in the said North line of Section 24; thence North 89° 45' West along said North line 132 feet to the place of beginning.
Tax Key No: MNFV 0093.975Address: N72 W12821 Good Hope Road
0 AGREEHE~iT ' u'~ yll ~J
. a. 1 ~x,. T e Agreement, made ind entered
in this { day of 1~ f.:~ ~ ~ ~~...
19~~ by and between the Village of Henomonee Falls a municipal corpaxation
with principal offices at W15b N8484 Pilgri~a Road,
Heaomonan Yalas~ Wiocoasia.
hereinafter called "Village", and ~_`~C.~~Ct~':~u~z-~`';iln
- having an office at ~~7~It~~z~.~ / .~/~-~( „~,_v ~~•
hereinafter called "Ovner".
~ WHEREAS, as application hea been made bq Owner for a bu
lldin; and/oz
plumbing permit on the following described property, io-
viti
.T~„,pf the Northwest 1/4 of the .Northeast 1/4 of Section 24, Town
8 Korth,
Ran e 20 Ea~st~ Waakesha~County„,Wisconsin, described as follars, to-Witt
Commencing at a point in the North line of said Northeast I/4 Section
2G, said
point being 1179.32 fees South 89° 45' East of the North I/4 corner or said
Section; thence South 0° 10' Weat 500 feet to a point; thence South 89
' 45'
Eesc and parallel co said Korth line 132 feet to a point; thence North 0'
10' EasC 500 feet to a point in the said Tlorch line of Section 24; thence
North 89° 45' West along said North line 132 feet to the place of beg
inning.
zfEt WOK '~-'~`- a~i~' :t,
15:'Jf..: ~,,....._„ .1~~ ~ J ..
l9B5 F.P(t -8 ~N 3' 06
.. Street Address: N72 W12821 Good Aope Road ~ ~ ` ~”" " ' ̀' ~~-t
h'HF.REAS, the traner failed to obtain e plumbing permit
as required
Dy the 71?lags o:dinao_es; sab
LhLPREAS, [he percolation [esL for septic [ank drainage does n
ot meet
the minimum standards of the o~dinsnce ~f the Village ~f Men
omonee Falls and
the State of Wisconsin, and,
WHEREAS, the Owner _eyresance that the Division of Health o
f the
I~ ~ Department of 9exlth and 5
o:ia1 Se:r2ces~ oz such other state agency ae ksaa
jurisdlccloa in the maczez. 6aa approved of the system for disposal
of sewerage
as described for in this agreement, aad
r. 47H~REAS, the Oanez agrees co instal
] a holding tank ns a paxt of the
system and the Ovnez is also aware of the fact [hat sanitary sever may be
bu11t is the future to service the propexty above described and that in such
~( case it will be specially assessed for benefits with respect to the lnsta2-
lation of saaitary sever;
?nQ ~_. _ ,
e _ -. i .
Village o[ Menomonee Salle of Ste approval to Owner to occupy and use the above
pXeiaifies~ the pa~t~es dp.hereb~ agree and bind themselves as followei ,
REEL ~6S :ra!'E 8211 ..
1, Owner agrees that it will install a holding tank of ~ t-~~..
gallons ae a part of the private sewage sysCem and that 1t
will conform to ell the rules and regulations of the Plumbing Code of the Village.•
and the Division of Health of the State oP k'isconsin in the use and operation of
a Holding Tank Sewage disposal. system. Ownez further agrees that throughout Sts
occupancg,•and so long as the holding system is used oa the pre~isee :~aat it vil2
maintain the system in such fashion as wi].1 permit it to function in a reasonable
manner and viil not create any Unhealthful unsanitary, dangerous or uneafn
conditloa to exist in, oq and about the premises or any adjoining properties
because of such sewage system, snd that the Owner shall pump out or cause Co r
be pemiped out the holding tank to permit proper functioning of the system and
to prevent the existence of any such unhealthful unsanitary, dangerous or vnsa£e
condition from being created or existing. The Omer further agrees that at any
tlme the Villages through its Plumbing Inspector or Neaith Office, deems it
necessary to pump out said holding tank, that Owner shall have same pumped out
within 24 hours of notification by such officals. Tn the event of failure of the
Osmer so to do, the Village may have said work done and may recover any and all
costs from the Owner. including costs of collection, and if it so chooses. the
Village may place same on the Owner's tax bi11 as s special charge and that the
same shall constitute a lien upon the real estate, the same as the normal real
estate taxes. The owner furtheY agrees that the Village is. hereby granted the
rights license and authority to enter upon its property above described to
inspect, p~nnp and haul from the said holding tank as herein provided,
1(A). Section H63.18(4) (Effective Date -- 6/22/80) A quarterly pumping
report shall be submitted by the Qwnez oz his agent to the local government and
the county chick shall state [he Ovner~s name, location of the property on which
the holding tank is located, the pumper's name, the dates, volumes pumped and
the disposal site. An annual pumping report or the fourth quarter report includiA
n summary of the pumping history of the previous years shall be submitted to the
department by local or county government.
2, The paztie6 agree that whenever any pumping is done, tie contents
of said holding tank. shall be pumped and transported to and disposed of at an
approved disposal site, in accord with applicable rules and regulations.
3. Owner agrees that it ~ri12 pay any special assessments which may
be made against the premises above described for its proper sham of Lhe cost of ,~
the installation of sanitary sewer benefiting said property at such time as ,
it may be determined by the Village Bosrd of the Village to install and assess
the benefits therefore. - ,
-Z-
4. Omer agrees that it wSll not at the time of instellatioa of
said sanitary sever assert anq claim se to lack of benefit by reason
of the fact that it has been permitted to install a holding tank
s and
Lhat it will be precluded from asserting any defense in [hat respect
ae to any charge made by the Village for insCallation of any such ,
sanitary .aewet.~EEI ~6Jr ;~s~t $2~
~ 5. Owner shall deposit wiCh the V121age a cash bond in the eua
of $ ~~; 00 This bond shall not accrue interest and shall guarantee
~ to the Village the performance of the obligatioae inposed upon Owae
lr
r
hereunder and the xeimbUrsexoent of the V311age for any and all expense
s
incurred by the Village for which the Owner is obligated to reimburse
the Village hexeunder. The sum of $ ~C ~,l'/> shall be maintained a[
all times by the Villages and if monies are expended therefro
m, the
Quner shall pay to the Village any cash to maintain the cash Dond
constantly at $ lam./., G/7 Upon the installation. availabiliCy, and
connection of the plumbing facilities upon the described property
to a
public sanitary sever, the unused balance,of the cash bond shall
be
returned to the Owner by the Village.
6. In the event the Owner fails to perform as herein required, the
V111age may require the Owner to cease occupying and/or using the
building on such premises, and [hat in the event the Oamer refuses o
r
fails to comply the Village aay apply [o any court of record of
the County
of G'aukesha, State of Wisconsin for an order requiring the O~.me
z to ceaen
and desist'occupying andJor using the building on said premises.
?. This Agreement shall be binding upon the parties hereto, their
`. successors sad assigns. For purposes hereof "OL.TOI~~ shall include any
assignee. successor, or transferee. and no person acquiring any interest
in the premises fr y, Chrough or under the Os.,ner shall be enLltled Co
occupy or use the premises without first complying with the teams hereof.
No eesignment as transfex by the pvx~er shall relieve the Owner of anq
~ obligations hereunder, unless axed until the Ocmer is first relieved of
such obligation by ~ricten instrument execueed by the Billage.
a~E. ~a ~ ~~~~E 8228. 7't~is ?gree~ent releases the par[teb ~'re~ the termo d# aA
Agraerr.ent made and enfexed on t},e ~ day of , 19__
and Yeccrded aC Feei - mage as Docu~,enk No. T~ '
with the Re~iatcr o ecds for ti'aukes},n County.
(Strike foregoing paragraph if not applicable.)
1N WLTN£SS 1,'HEREOF, the parties have hereur.Co set their hands
anJ sesle the day ar,d year first above written.
ZN THE PRESENCE OF: PROP~FTY O~JN~R
STA'P~ OF WISCGNSIN )
/ SS
Fersonal2y came baiore me this .~~ day of ~,t.ti.^,li.i
19~_, the shove named ( '•~'.~~ ~; Xa~, [o me known to be the pe
rson(r
Who executed the foregoing instrument and acknowledged the sass.
;"TN',7'HF rRF:SENCE 0A:'
„~i- o .~" ~~.,, ~~y,~,t ~
~~- ~ l ~JC,~--c.~~-rte •.~/-c ~_ c.,2,
STATE OF kiSCOkSIN )
Notary Public, h'isconsfa
riy Complssion E~pirzs cY"a~
VILLAGE OF MEt~C.~tONE,E .F.1F.LS
'~T3 chard A. Farrenkopf,:-~311age Tianager
•Patricia ?.. Struve, Cler+:/Treasurer
Personally came before ~e thfs ._____ day of 19„~~~,
P.ichsrd A. Farrenkopf, V122age Manager, aid Patricia A. Struve, Clerk/Tr.~asur
~
of the above named Corporacfon. to me known Lo be the persons Whn txecu[ed ~a
the foregoing instrument, xnd to me kno~.•n to be such Manager and Clezk/Treasu
of said Corporation, and ackrou2edged that they executed the foregoing
instrument as ~uch,officErc as the deed of said Corporation, ty its authozity~
Village Board - Regular 7.b. Meeting Date: 10/16/2017 Topic: Award of Contract for Grand Ave Bio Retention Pond ProjectFrom: Tom Hoffman, Director of Engineering Services Department: Engineering ServicesDate of CommitteeAction (if required):
10/16/2017 Date of Village BoardAction (if required):
10/16/2017
InformationSubject:Consideration of Award of Contract for Grand Ave Bio Retention Pond Project No. 74016.
Background Information:This is the first portion of the Grand Avenue Storm Sewer Replacement Project that was approved as part of the 2016 CapitalBudget. This portion will construct the Bio Retention Pond and some storm sewer in Grand Avenue to fix some drainageproblems. The next phase will address two of the storm sewer outfalls into the Menomonee River from Grand Avenue.
MENOMONEE FALLS VILLAGE ENGINEERING CONFERENCE ROOM
P R O J E C T N O. 74016 Bidder #1
American Sewer Services, Inc
N2768 County Road P
Rubicon WI 53078
5%
$159,663.00
Bidder #2
All-Ways Contractors, Inc.
P.O. Box 798
Elm Grove WI 53122
5%
Village Board - Regular 7.c. Meeting Date: 10/16/2017 Topic: Development Agreement for Water main Installation as part of the Brookfalls Veterinary Clinic DevFrom: Tom Hoffman, Director of Engineering Services Department: Engineering ServicesDate of CommitteeAction (if required):
10/16/2017 Date of Village BoardAction (if required):
10/16/2017
InformationSubject:Consideration of a Development Agreement between the Village of Menomonee Falls and Brook-Falls Ventures, LLC for theinstallation of water main as part of the Brookfalls Veterinary Clinic Development.
Background Information:The owners of the BrookFalls Veterinary Clinic have received approval for an addition to their existing clinic. A condition ofthis addition is that the water main needs to be extended along the frontage of the property. This Agreement allows for theinstallation of this water main.
Key Issues for Consideration:
Action By Committee or Village Board:
AttachmentsDevelopment Agreement
Village Board - Regular 7.d. Meeting Date: 10/16/2017 Topic: Development Agreement for Water main installation at future Highlands at Aero Park DevFrom: Tom Hoffman, Director of Engineering Services Department: Engineering ServicesDate of CommitteeAction (if required):
10/16/2017 Date of Village BoardAction (if required):
10/16/2017
InformationSubject:Consideration of a Development Agreement between the Village of Menomonee Falls and United Financial Group, Inc for theinstallation of water main as part of the future Highlands at Aero Park Development.
Background Information:United Financial Group is proposing to install a 16 inch water main across the frontage of the property they own along LisbonRoad which is proposed to be developed into the Highlands at Aero Park Development. This water main extension is acondition of the development of the Highlands at Aero Park Development. United Financial Group is doing this work inadvance of the development due to the advantageous prices that they received from the Contractor working on the TamarindSubdivision.
Key Issues for Consideration:
Action By Committee or Village Board:
AttachmentsDevelopment Agreement
DEVELOPMENT AGREEMENT LISBON ROAD WATER MAIN
1
This Development Agreement (“AGREEMENT”) is between United Financial Group, Inc., a Wisconsin corporation with a business address of 660 W. Ridgeview Drive, Appleton, WI 54911 (“Developer”); and the Village of Menomonee Falls, a municipal corporation of the State of Wisconsin, located in Waukesha County (the “Village”). It is based upon the following: A. Developer is the owner of approximately 30.00 acres of land in the Village. This land is
located in the Southeast ¼ of the Southwest ¼ of Section 32, Town 8 North, Range 20 East; and further described in Exhibit "A" attached to this Agreement (the “Property”).
B. The Developer proposes to install certain municipal water main improvements in or along Lisbon Road and dedicate them to the Village. These improvements are located as shown in Exhibit “B” attached to this Agreement. The Village is prepared to accept the dedication of these improvements, provided they are constructed according to Village Specifications and without cost to the Village.
NOW, THEREFORE, based on the above, the parties agree as follows:
Section I. Improvements
A. Public Water Facilities
1. Before beginning construction of improvements, the Developer shall provide the Village with construction plans which are sealed and signed by the Developer’s Engineer. All public water facilities and plans shall conform to all federal, state, county and Village specifications, regulations and ordinances.
2. The design and construction plans for the municipal water system shall be reviewed and approved by the Village Engineering Department, and all approvals received from the Wisconsin DNR prior to starting construction.
3. Developer shall construct, install, furnish and provide a complete system of water distribution and all appurtenances, in accordance with the plans, specifications and drawings on file in the Village and with established standards of the Village as directed by the Village Director of Engineering and Development
4. Water mains shall be designed and installed to the limits as directed by the Village with sizes to accommodate the development of adjacent lands.
5. Construction of the water distribution system will be completed, dedicated to and accepted by the Village. The water distribution system shall be completed and dedicated no later than one year from the date of this Agreement. The Director of Engineering and Development may extend this deadline in up to one year increments upon receipt of a formal written request by the Developer.
6. Upon the Village’s inspection, water sampling, testing and concurrence that all punch-list items have been completed for the public water system improvements, the Developer shall promptly take all necessary actions to connect and otherwise render such improvements usable. The Village will complete this inspection, testing and sampling at the Developer’s cost.
2
B. Quality of Work.
1. All work performed under the provisions of this Agreement shall be done in a workmanlike manner in accordance with the Wisconsin Standard Specifications for construction and established standards and specifications of the Village as directed by the Director of Engineering and Development.
2. The Village Engineer may make reasonable changes to the construction plans for any of the public improvements that are necessary to correct oversights, omissions, and errors, to compensate for changing site conditions, or to complete fully the work in accordance with sound engineering practices. Developer shall perform the work as changed entirely at its expense without claim for reimbursement.
Section II. Dedication and Acceptance.
A. Upon Completion by Developer.
1. Subject to all of the other provisions of this Agreement and the exhibits referred to herein, after completion of all of the above-described public improvements, the Developer shall, without charge to the Village, unconditionally give, grant, convey, and fully dedicate the same to the Village, its successors and assigns, forever, free and clear of all encumbrances whatever, together with, including without limitation because of enumeration, all structures, mains, conduits, pipes, lines, and appurtenances which may in any way be a part of or pertain to such improvements and together with any and all necessary easements for access thereto.
2. When all public improvements are completed and acceptable to the Village as called for under this Agreement, such public improvements will be formally accepted by the Village Board. A document for formal Dedication and Acceptance shall be recorded with the Waukesha County Register of Deeds. After acceptance of the dedication, the Village shall have the right to connect or integrate other water or other facilities with those provided here-under as the Village decides, with no payment or award to, or consent required of, the Developer. The Village will not accept any improvements that do not fully comply with Village standards and specifications. Claims of financial hardship by the Developer shall not be considered a reason for the Village to accept substandard materials or work. .
B. Completion by Village Following Developer Default
1. If Developer does not complete the installation of and dedication of improvements by the dates established herein, the Village is authorized to take one or more of the following actions:
a. Pursuant to subsection (C) of Section III below, the Village may complete and take title to said improvements. The Village is authorized to take this action in addition to any remedy available to the Village under the financial guarantee. The decision by the Village to take this action shall not constitute a waiver of any remedy under the financial guarantee.
b. Upon notice to the Developer and its issuer or holder of the financial guarantee provided pursuant this Agreement pursue one or more of the remedies available under the financial guarantee.
3
2. The issuer or holder of said financial guarantee shall pay to the Village all costs for such completion including, but not limited to, materials, construction, legal fees, financing costs, engineering, inspection and administrative costs, upon demand.
3. If the issuer or holder of said financial guarantee fails in whole or in part to take any actions required in this subsection (B) or by the financial guarantee, in addition to its' other remedies, the Village at its' sole discretion shall be empowered without notice of hearing, to impose a special assessment upon the Property for the amount of the completion costs, payable with the next succeeding tax roll.
C. Village Responsibility for Improvements
The Village shall not be responsible to perform repair or maintenance on the Public Water Facilities until they are dedicated and accepted by the Village Board.
Section III. Developer Guarantee.
A. Satisfactory Financial Guarantee.
1. Before the start of construction, the Developer shall file with the Village Clerk or one of the following as a financial guarantee to the Village as assurance for the faithful performance of and payment for any and all work to be performed pursuant to this Agreement:
a. a bond in the form as attached as Exhibit “E”,
b. an irrevocable letter of credit, or
c. cash on deposit
2. Such financial guarantee shall be approved by the Village Attorney and shall be in the amount identified on the attached Exhibit "D" and described as “Total Funds Required for Financial Guarantee”. The amount shall be sufficient to fund all financial guarantees required under this Agreement.
3. If the Developer provides an irrevocable letter of credit, Developer shall maintain the letter of credit during the term of this Agreement and shall provide the Village with proof of renewal of the letter of credit at least sixty (60) days prior to the expiration date, if any, of the letter of credit. The failure to provide proof of renewal shall constitute a default under this Agreement.
4. The financial guarantee provided under this subsection may include the post-completion guarantee required under subsection (D) below.
B. Reduction and Release of Guarantee.
1. From time to time, as work is completed and inspected, and as proper invoices are presented for completed work, the Village may authorize reductions in the amount of the financial guarantee held by the Village, in accordance with the Village's current procedures for such reductions. Requests sent to the Village for reductions to the financial guarantee will not relieve the Developer of the obligations identified in this Agreement.
4
2. Any financial guarantee provided by Developer pursuant to this Agreement shall be in full force and effect and shall not expire until 14 months after substantial completion of the improvements.
C. Village Remedies upon Developer Default.
1. If Developer should be adjudged bankrupt, or if it should make a general assignment for the benefit of its creditors, or if it or its contractors should disregard statutes, ordinances, regulations, orders, or the instruction of the Village Building Inspector or the Director of Engineering and Development, or upon failure of performance by Developer or Developer's contractor or sub-contractors to construct, install, furnish and provide any improvement required under this Agreement, or upon any other Developer default or failure to perform under any provision of this Agreement, the Village, upon the certificate of the Director of Engineering and Development that sufficient cause exists to justify such action, without prejudice to any other right or remedy of the Village, including the right to damages or any other remedy available under the financial guarantee, and after giving Developer and its issuer or holder of the financial guarantee provided pursuant to this Agreement at least fifteen (15) days' written notice and opportunity to cure, may (i) enter and take occupancy of the Property as is necessary to finish the work, (ii) take possession of the premises and of all materials thereon as is necessary to finish the work, and (iii) draw upon any letter of credit or other financial guarantee posted or filed by Developer and finish the work by whatever method the Village may deem expedient. Developer shall pay Village the entire cost of so completing the work if funds available from any letter of credit or other financial guarantee posted by the Developer are insufficient to cover the entire cost.
2. Whether or not the Village Board elects to take charge of the work, Developer shall be liable to Village for its damages sustained by Developer's failure to complete the work on time in addition to the cost of completion of the work.
D. Post-Completion Guarantee.
1. To ensure the good quality of materials, workmanship and maintenance of the public improvements, as required pursuant to Village ordinance and this Agreement, the Developer shall provide the guaranty and warranty set out in paragraph (2) below and the post-completion financial guarantee as required in paragraph (3) below.
2. Post-Completion Guaranty and Warranty
a. The Developer guarantees the required public for a period of fourteen months after the date the public improvements are substantially completed.
b. The Developer further warrants the public improvements for a period of one year after the date the document for formal Dedication and Acceptance of the improvements by the Village Board is recorded with the Waukesha County Register of Deeds.
3. Post-Completion Financial Guarantee
a. Unless the Developer has provided it as a part of the financial guarantee required under subsection (A) above, the Developer shall, within five business days of the date of substantial completion, provide
5
a post-completion guarantee bond in a form approved by the Village Attorney and containing the additional provisions noted below.
(1) The post completion financial guarantee shall be in an amount totaling 10 percent of the total cost of the completed public improvements plus the estimated amount of any uncompleted public improvements as determined by the Village Director of Engineering and Development.
(2) The financial guarantee shall be for a period of fourteen months after the date of substantial completion of the public improvements.
(3) The Village shall have access to such funds and the right at its' sole discretion to call or draw upon such funds to correct or repair any defect or deficiency if the Developer fails to honor this guarantee to the satisfaction of the Village. The date the public improvements are considered substantially completed shall be the date as determined by the Director of Engineering and Development that ninety percent of the public improvements by cost are completed and the improvements have been completed to the satisfaction of the Director of Engineering and Development.
b. The Village Director Engineering and Development shall give Developer, and the issuer or holder of the aforesaid financial guarantee at least fifteen (15) days' written notice and opportunity to cure or such lesser time as may be called for in the financial guarantee before calling or drawing upon the financial guarantee or acting to correct or repair any defect or deficiency, except that nothing shall preclude the Village in the event of an emergency from acting within a lesser period of time, with or without written notice, to correct or repair any defect or deficiency in any improvement provided pursuant to this Agreement. The Developer agrees for itself and for any contractor it retains to do any work in the development that the Village at its sole discretion shall determine which events constitute an emergency.
Section IV. Method of Improvement.
A. The Developer shall only engage contractors for work included in this Agreement who are pre-qualified by the Village to perform the work.
B. The Developer shall use materials and make the various installations in accordance with the Village approved plans and specifications made a part of this Agreement by reference and including those standard specifications as the Village Board or its commissions may have adopted and published prior to this date.
C. Access to or withdrawal by Developer of all or any part of escrowed or secured funds required under Section III of this Agreement shall be permitted only with the approval of the Village.
6
Section V. Developer Responsibility to Indemnify.
A. Compliance with Law and Regulations.
Developer shall, in the performance of this Agreement, comply with and give all stipulations and representations required by all applicable federal, state and local laws, ordinances and regulations. Developer shall also require such compliance, stipulations and representations with respect to any contract entered into by Developer with others (pertaining to the work covered by this Agreement) as may be required by all applicable federal, state and local laws, ordinances and regulations.
B. Indemnification Agreement.
1. In addition to, and not to the exclusion or prejudice of, any other provision of this Agreement, Developer shall indemnify and hold harmless the Village, its officers, agents and employees, and shall defend the same, from and against any and all liability, claims, loss, damages, interest, action, suits, judgments, costs, expenses, attorneys' fees and the like, to whomsoever owed and by whomsoever and whenever brought or obtained, which may in any manner result from or arise in the course of or out of the performance of the work and this Agreement, expressly including though not limited to negligence and the breach of any duty whether imposed by statues, ordinances, regulations, order, decree or law of any other sort or by contract, on the part of Developer, or its officers, employees, agents, workmen, or independent contractors, in carrying out the work and in supervising and safeguarding the same in any respect whatever, and including claims arising under any federal, state or local law including Worker's Compensation laws.
2. If a claim is made against the Village arising out of the work and/or this Agreement, the Village agrees that it shall, within ten (10) days of its notice thereof, notify the Developer and any liability insurance carrier designated by the Developer. The Developer shall thereafter provide full cooperation in defense of the claim. The Developer shall, at the option of the Village, defend any claim on behalf of the Village in which case the Developer or its insurer is authorized to act on behalf of the Village in responding to any claim to the extent of this indemnity. Such authorization includes the right to investigate, negotiate, settle and litigate any such claim and control the defense thereof.
3. Developer shall, at its expense, obtain and carry comprehensive general liability insurance with combined single limits of at least $1 million for one person and at least $1 million per occurrence, and at least $1 million property damage (or such higher amounts as the Village shall from time to time reasonably determine). Such policies shall cover both Developer and the Village and its' agents, employees, and officials, and all insurers shall agree not to cancel or change the same without at least ten (10) days' written notice to the Village. A certificate of Developer's insurance evidencing such insurance shall be furnished to Village prior to starting construction of any public improvements. Each such policy shall provide that no act or default of any person other than the Village or its agents shall render the policy void as to the Village or affect the Village's right to recover thereon.
4. In every case, but not as a limitation on the liability of the Developer to the Village, where judgment is recovered against the Village on such claim, if such notice has been given to Developer, any judgment thereon shall be conclusive
7
upon Developer as to the amount of damages and as to its liability to Village to the extent litigated therein.
Section VI. Village Right to Inspect.
A. Village Right of Access to Property.
1. Agents and employees of Village shall at all reasonable times have access to the work wherever it is in preparation or progress and Developer shall make appropriate arrangements for such access and for inspection.
2. If any work is covered up without the inspection, approval or consent of the Village, Developer will, if required by the Village, uncover the work at Developer's expense for examination by the Village. After the examination under this section is complete, Developer will pay costs of replacement.
3. Re-examination of questioned work not falling under the previous paragraph may be ordered by the Village. If the Village orders such re-examination under this section, the Developer shall uncover the work. If such work is found to be in accordance with the applicable plans, specifications and regulations, Village shall pay the cost of re-examination and replacement. If such work is found not to be in accordance with such plans, specifications and regulations, Developer shall pay such cost.
B. Approval by Village.
All work shall be done subject to the approval of the Village's representatives. They shall decide all questions which arise as to the amount, quality, and acceptability to materials furnished, work performed, manner of performance, rate of progress of the work, interpretation of plans, specifications and regulations and acceptable fulfillment of this Agreement. Materials shall be furnished and work shall be performed in conformity with Village Standards and Specifications, and with the plans and specifications received by the Director of Engineering and Development and on file in the Village and construction industry standards in the Village and the Greater Milwaukee Area.
C. Disclaimer of Liability.
The Village disclaims any and all liability arising from inspection or any failure to inspect any improvement constructed by Developer. Developer shall indemnify and hold the Village harmless against any claim arising from the actions of the Village or its agents in relation thereto.
Section VII. Miscellaneous Provisions.
A. Covenants to Run with the Land.
The terms of this Agreement are covenants running with the land and binding on the Village and the Developer and any and all successors and assigns.
B. Assignments.
Developer shall not assign this Agreement or obligations arising hereunder without the prior written consent of the Village.
C. Recording.
The Village will record this Agreement with the Waukesha County Register of Deeds. The Village will charge the Developer for the recording fees and provide a fully
8
executed copy of this Agreement with recording information to the Developer for their records.
D. Standards.
The terms "established standards of the Village", "Village Standards and Specifications" and others similar there to used in this Agreement shall mean those standards, specifications, guidelines, or other rules which are in effect on the date of this Agreement.
E. Force Majeure.
The deadlines for Developer's performance under this Agreement shall be extended for periods of time during which the Developer's performance is prevented due to causes which are outside the control of the Developer and which cannot be avoided by the exercise of due care by the Developer, including industry wide strikes or labor troubles, casualty, shortage of materials, weather conditions, and other acts of God.
F. Plans and Documents
The Developer shall provide the Village the plans and documents identified in Exhibit "C" attached hereto prior to acceptance by the Village Board of the improvements.
G. GIS System Data
The Developer shall obtain the GPS field data for the as-built Public Water Facilities to update the Village GIS System. All data shall be tied into the Wisconsin State Plane Coordinate System – South Zone (NAD 1927) and the National Geodetic Vertical Datum of 1929. GPS field data shall be in ESRI shape file format. All costs for the collection and integration of GPS field data shall be paid for by the Developer.
H. Payment of Village Engineering, Inspection, Administrative, and Miscellaneous Costs and Fees by Developer
1. The financial guarantee to be filed by the Developer under Section III of this
Agreement shall include all amounts identified on the attached Exhibit “D” which includes the costs described as “Total Estimated Village Engineering, Inspection, Administrative and Miscellaneous Costs” as assurance for the payment of all Village engineering, inspection, administrative, and miscellaneous costs and fees.
2. The Developer agrees to pay all Village engineering, inspection, administrative, and miscellaneous costs and fees associated with the public improvements. This obligation to pay the Village’s costs and fees related to the public improvements also includes all internal or external engineering, inspection, administrative, and miscellaneous costs or fees incurred by the Village for work performed by or on behalf of the Village. The Developer agrees that the Village shall bill the Developer periodically for amounts due to the Village under this agreement. The Developer agrees to pay such amounts to the Village within thirty (30) calendar days of billing by the Village. Any amount not received by the Village within this 30-day period shall accrue interest at the rate of 18 percent per annum commencing on the date of billing through the date payment is received by the Village.
3. In addition to any other remedy, if the Developer fails to pay any such amount when due, the Village at its sole discretion shall be empowered without notice of hearing, to impose a special charge for the amount of said deficiency, upon the
9
Property. This charge shall be payable with the next succeeding tax roll. Notwithstanding any of the foregoing payments by Developer for inspection services, any and all inspectors who provide such services shall be under the supervision, direction and control of the Village.
I. No Third Party Beneficiaries.
This Agreement is not intended to benefit or to be enforceable by any person other than the Village, the Developer, and their respective successors and assigns, which shall not include, for the purposes of this paragraph, any person who has not assumed all of the benefits and obligations of this Agreement.
J. Amendment of Agreement
The Village and the Developer may, by mutual written agreement, and after approval of the Village Board, amend this Agreement at any time. The Village Board shall not, however, approve an amendment without having first considered the recommendations of the Village staff on the proposed amendment.
K. Severability
If a court of competent jurisdiction adjudges any section, clause, provision or portion of this agreement invalid, such part shall be severed from the Agreement, and the remainder of the Agreement shall survive and shall not be affected thereby.
L. No Threat to Public Health or Safety
Notwithstanding any language in this Agreement to the contrary, the Developer shall not do, nor permit any other person subject to the direction or control of Developer to do, anything in connection with the performance of the Developer’s obligations under this Agreement that poses a threat to the public health or safety.
M. No Rule of Construction Against Drafter
The language used in this Agreement shall be deemed to be the language chosen by the parties to express their mutual consent, and or rule of construction shall be applied against any party as the drafter of this agreement.
N. Effective Date
This agreement shall become effective from and after the last to occur of the following events:
1. The Village Board’s approval of the Agreement
2. The execution of this Agreement by the Developer.
O. Entire Agreement
This Agreement is the entire agreement of the parties. All prior agreements, commitments, promises, offers, representation and statements made by or on behalf of the parties with respect to the subject matter of this Agreement are hereby terminated and shall have no further effect.
P. Governing Law
The law of the State of Wisconsin shall govern all issues relating to this Agreement.
END OF TEXT. SIGNATURE PAGES AND EXHIBITS FOLLOW.
10
DEVELOPER
IN WITNESS WHEREOF, United Financial Group, Inc. has caused this Agreement to be signed this ____ day of ________________, 2017.
United Financial Group, Inc.
By: _________________________________________
Name:____________________, Title: ______________ State of Wisconsin)
) ss. County of _________) Personally came before me this day of , 2017, the above named ____________________, to me known to be the person who executed the foregoing instrument in his respective official capacity as _________________ of United Financial Group, Inc. and acknowledged that he executed the foregoing instrument as a corporate officer as the deed of said corporation and by its authority.
__________________________________ Notary Public
____________ County, Wisconsin My Commission Expires on ____________
VILLAGE OF MENOMONEE FALLS
Approved by the Village Board of the Village of Menomonee Falls on the ____ day of _________________, 2017.
By: _________________________ Attest: _________________________ Joseph Helm Janice Moyer
Village President Village Clerk Approved as to Form: ___________________________
Michael J. Morse, Village Attorney
This instrument was drafted by: Brian C. Hornickel, P.E. Senior Civil Engineer Village of Menomonee Falls
Village Board - Regular 7.e. Meeting Date: 10/16/2017 Topic: Ordinance Amending the Restrictions on No Trucking Ordinance on Main StreetFrom: Tom Hoffman, Director of Engineering Services Department: Engineering ServicesDate of CommitteeAction (if required):
10/16/2017 Date of Village BoardAction (if required):
10/16/2017
InformationSubject:Consideration of the Adoption of An Ordinance Repealing And Recreating Section 106-107 Of The Municipal Code RelatingTo Restrictions On Heavy Traffic Operating On Certain Streets In The Village Of Menomonee Falls.
Background Information:On March 6, 2017 the Village Board adopted Ordinance Number 684-O-17, which, with certain exceptions, prohibits trucktraffic over six tons on Main Street between Elder Lane and Pilgrim Road. Waukesha County uses Main Street, including theportion of Main Street between Elder Lane and Pilgrim Road to facilitate its county-wide snowplowing operations. WaukeshaCounty has requested that the Village exempt its vehicles from the heavy truck traffic regulations applicable to Main Streetbetween Elder Lane and Pilgrim Road when its vehicles are in use for snowplowing operations.
Village staff is also recommending that Village owned or operated vehicles also be exempted from the Village heavy trucktraffic regulations found in § 106-107 of the Municipal Code.
Key Issues for Consideration:
Action By Committee or Village Board:Staff recommends adoption.
AttachmentsOrdinance to Repeal & Recreate 106-107 - Truck Traffic on Main Street
Village of Menomonee Falls Ordinance No. _______-O-17
AN ORDINANCE REPEALING AND RECREATING SECTION 106-107 OF THE MUNICIPAL CODE RELATING TO RESTRICTIONS ON HEAVY TRAFFIC
OPERATING ON CERTAIN STREETS IN THE VILLAGE OF MENOMONEE FALLS
WHEREAS, Wisconsin Statute § 61.34(1) provides that except as otherwise provided by law, the Village Board shall have the management and control of the Village property, finances, highways, streets, navigable waters, and the public service, and shall have power to act for the government and good order of the Village, for its commercial benefit and for the health, safety, welfare and convenience of the public, and
WHEREAS, Wisconsin Statute § 349.17 also authorizes the Village Board to impose certain restrictions on heavy truck traffic in the Village subject to certain limitations
WHEREAS, pursuant to the statutory authority noted above, the Village Board has adopted various traffic regulations in Chapter 106 of the Municipal Code of the Village of Menomonee Falls; and
WHEREAS, § 106-41(a) of the Municipal Code provides that permanent traffic regulations shall be established by the Village Board; and
WHEREAS, § 106-107 of the Municipal Code provides that, subject to certain exceptions, no person shall operate any vehicle within the classification of heavy traffic over any bridges, streets or highways designated by ordinance; and
WHEREAS, on March 6, 2017 the Village Board adopted Ordinance Number 684-O-17, which, with certain exceptions, prohibits truck traffic over six tons on Main Street between Elder Lane and Pilgrim Road; and
WHEREAS, Waukesha County uses Main Street, including the portion of Main Street between Elder Lane and Pilgrim Road to facilitate its county-wide snowplowing operations; and
WHEREAS, Waukesha County has requested that the Village exempt its vehicles from the heavy truck traffic regulations applicable to Main Street between Elder Lane and Pilgrim Road when its vehicles are in use for snowplowing operations; and
WHEREAS, Village staff is also recommending that Village owned or operated vehicles also be exempted from the Village heavy truck traffic regulations found in § 106-107 of the Municipal Code; and
WHEREAS, it is deemed to be in the best interest of the Village of Menomonee Falls that the Municipal Code of the Village of Menomonee Falls be further modified and amended in the manner hereinafter more particularly set forth.
NOW, THEREFORE, the Board of Trustees of the Village of Menomonee Falls do hereby ordain as follows:
Section 1. Section 106-107 [Exceptions] of Division 2 [Weight Restrictions] of Article III [General Rule of Vehicle Operation] of Chapter 106 [Traffic and Vehicles] of the Municipal Codeis repealed; and Section 106-107 [General Heavy Traffic Regulations] of Division 2 [Weight Restrictions] of Article III [General Rule of Vehicle Operation] of Chapter 106 [Traffic and Vehicles] of the Municipal Code is created to read as follows:
Sec. 106-107. General Heavy Traffic Regulations.
(a) Except as provided in subsection (b) below, no person shall operate any vehicle within the classification of heavy traffic over any of the bridges, streets or highways designated by ordinance; provided, however, that nothing in this division shall prohibit the least possible ordinary use of any such streets or highways for the purpose of obtaining orders for and delivering or moving supplies or other necessary commodities to or from any residence or place of business fronting on such streets or highways.
(b) Exceptions.
(1) Notwithstanding subsection (a), vehicles owned or operated by Waukesha County shall not be subject to heavy truck traffic regulations applicable to Main Street between Elder Lane and Pilgrim Road when those vehicles are in use for snowplowing operations.
(2) Subsection (a) and Village ordinances adopting regulations pursuant to that subsection or to Wisconsin Statute § 349.17 shall not apply to vehicles owned or operated by the Village of Menomonee Falls.
Section 2. Except as specifically modified and amended by this ordinance, the Municipal Code of the Village of Menomonee Falls shall remain in force and effect exactly as originally adopted and previously amended. All ordinances or parts of ordinances inconsistent with or in contravention of the provisions of this ordinance are hereby repealed.
Section 3. EFFECTIVE DATE. This ordinance shall take effect and be in full force from and after its passage.
Section 4. SEVERABILITY. If a court of competent jurisdiction adjudges any section, clause, provision or portion of this ordinance unconstitutional or invalid, the remainder of this ordinance shall not be affected thereby.
Adopted by the Board of Trustees of the Village of Menomonee Falls on the ___
day of October, 2017.
Date Published/Posted:
___________________
By: ______________________________Joseph Helm, Village President
Attest: _____________________________Janice Moyer Village Clerk
