Common Council HowellAve. Box OAKCREEK

Visit our website atwww.oakcreekwi.orqfor the agenda andaccompanyingcommon councilreports.

OAKCREEK

Common CouncilChambers

8640 S. HowellAve.PO Box 27

Oak Creek, Wl 53154(414) 768-6500

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COMMON COUNCIL MEETING AGENDA

WEDNESDAY, NOVEMBER 5, 2014AT 7:00 P.M.

COUNCIL MEETINGS CAN BE SEEN LIVE ON GOVERNMENT ACCESS CHANNELS 25 AND 99

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Call Meeting to Order / Roll Call

Pledge of Allegiance

Approval of Minutes: 10121114.

Recoqnition

4. Mayoral Proclamation: Marching Knights of Oak Creek High School

Presentation

Presentation: Presentation and update by Owner's Representative, Steve Chamberlain, onthe building construction for the City Hall, Library and Fire Station projects.

5.

New Business

MAYOR & COMMON COUNCIL

Motion: Consider a motion to approve health plan design changes for 2015 (by Committee ofthe Whole).

Motion: Consider a motion to authorize the City Administrator to execute contracts withvarious vendors as detailed in the amount of $995,555 for furniture purchases after reviewand concurrence of the contract form by the City Attorney's office (by Committee of theWhole).

Ordinance: Consider Ordinance No. 2740, repealing and recreating Section 11.20(g) andcreating 11.20(h) of the Municipal Code regarding Regulation of Firearms, Explosives andother Missiles and creating Section 11.23(e) of the Municipal Code regarding the Sale andDischarge of Fireworks Restricted (by Committee of the Whole).

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9 Resof ution: Consider Resolution No. 11554-110514, accepting a quit claim deed fromWisconsin Electric Power Company dba WE Energies (4th Districg.

November 5,2014 Council Meeting

10 Resolution: Consider Resolution No. 11550-110514, accepting the 2012 FinancialStatement and Auditors' Report as prepared and presented by Baker Tilly Virchow Krause,LLP (by Committee of the Whole).

11 Resolution: Consider Resolution No. 11551-110514, accepting the 2013 FinancialStatement and Auditors' Report as prepared and presented by Baker Tilly Virchow Krause,LLP (by Committee of the Whole).

12 Motion: Consider a motion to approve a professional service agreement with SmithGroupJJRfor Lake Vista Planning, Programming, and Conceptual design in an amount not to exceed$61,000, and authorize the City Administrator to sign the agreement (by Committee of theWhole).

l3 Motion: Consider a motion to approve a professional service agreement with SmithGroupJJRfor Lake Vista Schematic Design of Lakefront Connection to Bender Park in an amount not toexceed $17,800, and authorize the City Administrator to sign the agreement (by Committee ofthe Whole).

14 Motion: Consider a motion to approve a professional service agreement with SmithGroupJJRfor Lake Vista Community Park and Playground construction documents in an amount not toexceed $100,500, and authorize the City Administrator to sign the agreement (by Committeeof the Whole).

15. Motion: Consider a motion to approve a professional service agreement with SmithGroupJJRfor Lake Vista Terrace and Access to Lake Construction documents in an amount not toexceed $120,000, and authorize the City Administrator to sign the agreement (by Committeeof the Whole).

16. Discussion: Council discussion and direction regarding the scheduling of 2015 RegularCombined Common Council meeting dates.

17 Motion: Consider a motion to approve the 2014 Vendor Summary Report in the amount of$3,248,760.2a (by Committee of the Whole).

UTILITY

18. Resolution: Consider Resolution No, 11552-110514, accepting Waiver of SpecialAssessment Notices and Hearings for water lateral installation, and levying specialassessments against benefited propérties and establish an interest rate of 4o/o (Sth District).

INFORMATION TECHNOLOGY

19. Motion: Consider a motion to purchase fiber optic cable and miscellaneous fiber equipmentfrom Power and Telephone Supply in the amount of $42,600,45 (Project 06007) (by Committeeof the Whole).

ENGINEERING

Resolution: Consider Reso/ufion No. 11549-110514, accepting the workmanship andauthorizing final payment to Advance Construction, for Project No. 09024 (installation ofdrainage improvements from Puetz Rd. to north of Forest HillAve.) (3'o District).

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November 5,2014 Council Meeting

COMMUNITY DEVELOPMENT

Motion: Gonsider a motion to renew the marketing service contract with Connect The DotsLLC for a one year period commencing November 1,2014 (by Committee of the Whole).

Ordinance: Consider Ordinance No. 2741, creating Section 2.77 of the Municipal Code toestablish a tourism commission (by Committee of the Whole).

Ordinance: Consider Ordinance No. 2742, repealing and recreating Section 3.a0(d)1 and 3and creating Section 3.40(d) 6 and 7 of the Municipal Code relating to room tax for hotels andmotels (by Committee of the Whole).

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Resolution: Consider Resolution No. 11555-110514, approving a certified survey map forthe property at7941S. HowellAve. (2nd District).

Resolution: Consider Resolution No. 11556-110514, approving a certified survey map forthe property a17941S. Howell Ave. (2nd District).

LICENSE COMMITTEE

The License Committee met on 10128114 meeting. Minutes are attached. Recommendations are asfollows:

26 Motion: Consider a motion to grant an Operator's license to Michael S. Wright, 626 EKilbourn Ave., Milwaukee (Aldi).

The following items were received after the License Committee met. Tentative recommendations areas follows:

27 . Motion: Consider a motion to grant an Operator's license to Jeannette Lucero Alvaredo, 5077W. Cold Spring Rd,, Greenfield (Applebee's) (favorable background repoñ received).

MISCELLANEOUS

28. Motion: Consider a motion to convene in to Closed Session immediately following theconclusion of the Common Council meeting pursuant to Wisconsin State Statutes 19.85(1Xg)to discuss the following:a. Section 19.85(f XcXe) to discuss negotiation strategy for the Personnel Committee,

Staff, and the City's Labor Attorney in upcoming labor negotiations with the Police andFire unions.

b. Section 19.85 (1Xe) to consider proposed Tax lncremental District No. 1 1 FinanceDevelopment Agreements between the City of Oak Creek and DTS 83 LLC and theCity of Oak Creek and DTS C3 LLC (Drexel Town Square).

c. Section 19.85(1Xc) to discuss 2Q15 pay adjustments for specified regular part{ime andfull time non-represented employees.

29. Motion: Consider a motion to reconvene into Open Session.

30. Resolution: Consider Resolution No. 11553-110514, approving Tax lncremental District No.11 Development Agreements with DTS 83 LLC and DTS C3 LLC (Drexel Town Square) (2nd

District).

Adjournment.

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November 5, 2014 Council Meeting

Public Notice

Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals through sign languageinterpreters or other auxiliary aid at no cost to the individual to participate in public meetings. Due to the difficulty in finding interpreters,requests should be made as far in advance as possible preferably a minimum of 48 hours. For additional information or to request thisservice, contact the Oak Creek City Clerk at 768-651 1 , (FAX) 768-9587, (TDD) 768-6513 or by writing to the ADA Coordinator at the HealthDepartment, City Hall, 8640 S. Howell Avenue, Oak Creek, Wisconsin 53154.

It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance atthe above-stated meeting to gather information; no action will be taken by any governmental body at the above-stated meeting other thanthe governmental body specifically referred to above in this notice

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MAYoR^L PR.OCL^MATIONMarohLwg Kvwghts

of oak. creek rWøh schooL

20L+

Wl+e:;<.:eA , the tg= ,'uevxber MarchLwg KwLghls of oaÞ. creeþ. tlLgh schooL ootwTLeted theLr barcwLg-sLxth

selsow Lw the TvtrsuLL of vwusiwaL exoeLLe,rwe wLth theLr zoL+ ?resewta(t ow of the 'The sovtwd of 'øustc'arrawged bU)oA Þawsow; awd

WHEREA.S, the MarchLn4 rcvwghts LvwLude aLLtewth Lhrovtgh twetfth grade studew3 ewroLLed Lwthe oaÞ.cree4 lttgh schooLbawd; awd,

wl-tEREAs,the ¡.tarohLn4 vwLghlg areLedbg,tt*usLcaL dLrectors qug ctreØØ awd *vwyFuchs; awd

wHè*",+t, the ¡.tarchLwø Kwtehts rqræewted oaþ, creek, at stx cowtæls lhroughovtt W'æcot¡sLw awd,

ILLL,¡.aLs, TLaoLn4 (trst Lw fl.ve of lhe cowtæls awd wLww.n4 best vwrcLcaL 7ræewtaú,ow at each cota*7e1Lú,ow;

awd

WHEREA.S, the MarohLwg V^,tehfs wow varvous ca{ww awards LvwLudLng Èæt CoLorguard, ÈestPercussLow, awdeæt 4ewraL ffieotthroughoutLhe seasow; awd

WHEREAS, the MarchLn4 t<wLghls traveLed to Whttewaten v{'tsconstw awd wow theLr ftrst ever Wtsco,¡sLwstat¿ ¡'ttcsLc r'tssocLaú,ow,+AAA Chan*¡LonshL¡ wLth A score of eg.ts; awd

wl+eee&.s, the wevvtbers of the oaþ, cre¿Þ. lligh schooL vavtÅ takt great pñ.d,e Lw theLr vast vwsLoaL

accovtt¡LLshvwewts awd wLdesTread repvttaú.ow for vwaLwtaLwLvrq the hLghæt stavtì,ard,s of LvttegrLtg awdoharaotør; awd

WHEREA.S, we conqratvrLate the ttarchLn4 KvwghB ow aw outstawdLn4 seasow of covw¡etLtlow avd,n*usLoaLexceLLewce. I

THEREFoR-E BE lT RESOLVE> that l, Mat¿oy steve scaffidL, asle that aLL ræLdewts af thr"s cotwtwr,tnítgjoLw wte iw hon orLwg.the ¡.tarohLvtq rcwLghls o{ oaÞ. Creek ftLgh school.

BE lr FIIRTHER R-ESoLVEÐ that the cLtg cLerþ, be awd ts hereb¿ dtrected to tra¡¡s¡¡*Lt a suLtabLe oopg

thereof tothe ¡.tarchLng Kwr,ghts of oak. Creeþ. t+gh schooL.

ÞatedthLsz*h d,ag of ootober, zot+.

ç.o(sþ,e, cr.tg cLerÞ, stephew Maaor

City of Oak CreekCommon Council Report

Meeting Date: November 5,2014

Item No.:

Recommendation: Approve health plan design changes for 2015.

Background: Health insurance costs have a significant impact on the City's budget.

Conscious of this, the City Administrator and the financial and human resources staff, along with

consultants have worked hard at containment efforts regarding City paid health premiums.

From 2012-2014 premium costs were reduced by 10.7o/o-11.4o/o and the fund balance in the

City's lnsurance Fund has increased from $221,000 in 2012 to an estimated $1,400,000-

$1,600,000 in 2014 (see attached Health lnsurance Cost History).

Due to adverse claims experience in 20Q7-2011, the lnsurance Fund cash balance had declined

from $2,897,390 in2007 to $191 ,107 in2011. An average of 3-6 months average net health

insurance costs ($1,419,000-$2,838,000) is recommended to be maintained as a fund balance

based upon a survey of other Wisconsin public employers with a self-insured medical and

prescription plan.

Projections for health care cost increases in 2015 range from 4.0-6.5%. The City also expects

its health insurance plan to continue to see increases in the number of active and retired

employees for the next 10-15 years until the effects of eliminating post-65 coverages and the

elimination of post-employment health insurance for the city's newly hired employees can be

realized.

Attached to this report are the benefit modifications proposed for implementation effective

January 1,2015. Under Wisconsin law, the City has the ability to adjust its health insurance

benefit plan without negotiating with its employees. lt is expected the proposed adjustments inhealth plan benefits will allow the City to reduce rts contributions toward health insurancepremiums and allow financial resources to shift to employee wage increases while providing for

a continuation of no tax increases. We have attempted to provide competitive health benefits

for our employees and to seek equity amongst various employee groups.

Significant changes proposed for the 2015 plan year include:o Change pharmacy benefit manager from Express Scripts to CVS/Caremark and addition

of a fourth tier copay for specialty drugso lntroduction of first dollar deductible and elimination of copays for medical services. Creation of two{iered deductible for various employee and retiree groups:

o Tier 1: $1,000/$1,500/$2,000 in networko Tier 2: $2,000/$3,000/$4,000 in network

b

a Other changes to the plan have been made which will be communicated to employeesand retirees through group meetings and the Benefits Enrollment Guide

rector/ComptroGerald R. Peterson, ICMA-CMCity Administrator

Fiscal lmpact: lt is estimated the proposed health plan changes will allow for continued

lnsurance Fund balance growth while stabilizing our health care costs to provide funding for City

budget priorities.

Fiscal Review by Prepared and Submitted by:

BridgetFinance

City of Oak CreekHealth lnsurance Cost History 2003-2013

YEAR

2013

20j-2

20Lt2010

2m9

2m82æ7

2æ62005

2M2ml

PAIDCI.AIMS

S 4,806,1¡14

S s,s96,71s

s 2328,6ssS 6,43qem

S s,036,1m

s s,022,100

S 4so¿om5 3,992,6d)

5 4,s67,77s

s 181o,osos 3,388,800

ADMIN FEES

S e6g,ær

S 863,62r

I 67s,800

S 662,soo

S 663,soo

S 6s1,soo

S s3g,soo

s 47s,000

s 449,825

S 42g,9so

S 41e,ru

PAID BY

goPtoss

S 88,113 S

5 274,7u 5

s 852,646 ss 722,7û sS eo,7oo S

S 319,,m0 S

s 468,7m ss 189,800 ss 4s3,000 sS 194,mo S

S 1e¿4oo S

NETCOSTS

ts8z6826,185,632

7,757,U9

6,379,7æ

5,608,900

5,354,2m

4,9n,8æ

42n,W4,5@,ffi4045,000

1616,100

ENOING

%CHANGE g¡rD¡Al¿XlE

L.æ/o s 665,369

o.s% s 220,69-o2y, S t9t,to7o.3% s 1,!t5,9577,2% s 2,c'3,6s92.3% s 2,562,438

4.M s ¿897,3902.6Vo 5 2,638,7n

3.eÁ s 49ss,4731.6y. 5 1,9Ei7,272

s ts66,4es

%CHANGE TOTATTAX]EVY

-9.7% s 19,087,115

-73.s% s 19909,370

t2.L% S 18,819,420

7t.7v. s 18,861420

4.go 5 18,807,600

7.6% S 19585,1¡t0

16.4% s 18,164,7¡tO

-6.3% s 17,461,998

L2.s/. s 17,011363

tt.g/o s 16,513,363

5 r6,2sr,88

ËIHATSE

201.5%

15.5%

-eì.3%-45.3%

-t8.yo-17.6y"

9.8P/6

u.v.-o.t%

24.y"

AVERAGEANNUALINCREASF: E s.v. S 283,588 L.6% t2.gvo

DIFFERENCE:

Health lnsurance Premium History 2003-2014

s1,26.62 s1,319.11 s7,474.69 s1,381.11 s1,3s3.02 s1,55.80 57,727 $1,Ss1.14 S1,909.s3 52,277.&

sl,sss.s1

s520,æ 5s72.90 s556.75 s584.47 ss23.11 s624.Er s661.23 5770.2s 5333.06 S844.S3

Paid Claíms

s8.000.000 58,000,000

s7,000,000 ST,ooo,ooo

56,000,000 s6,000,000

2û1 i YTt)j 5,58 /,6s2,00

s5,000,000 5s,000,000

54,000,000 s4,000,000

rD

$3,000,000 s3,000,000

$2,000,000 52,000,000

sr,000,000 $ 1,000,000

oe/.

2î142tl220ttz¡102{r},

Famlly

Employee +1

Employ€e

52,737.28

s1,505.58

s821.12

st,gÉ¡42

5t,378.27

s7s4.er

201

4

201

3

2o1

2

So

201 1 Y I'tl$ 1,1 -5 1 ,849,00

70l2Yit.)56,1 85,6.J:r,00

Health lnsurance costs are a significant "driver"of the City budget. As such, this information

is provided for your consideration.

So


illeeting Date: November 5, 2014

Item No.: '/Recommendation: Authorize the City Administrator to execute contracts with various vendorsas detailed in the amount of $995,555 for furniture purchases after review and concurrence ofthe contract form by the City Attorney's office.

Background: On March 5, 2013 the Common Council approved entering into a contract withEngberg Anderson lnc. for providing architectural and design services fôr the selection andP¡99ilg of furnishings for the City Hall and Library. This firm has worked in cooperatíon with ourbuílding architect, owners representative, Library and City staff to seleci and purchaseappropriate furniture for the new buíldings. Budgets for these purchases have been developedand revised over this time to stay within available project funding. lt may be possible to äOOfurniture (primarily new bookshelves for the Library) at a later daté should funding be availablefrom fundraising or another source.

The Common Council authorized bids for furnishings to be sought at its March 4,2014 meetingand bidswere received and opened on May 9,2014 in eleven (11) separate bid packages. Ãllmmary of the bids received and a recommendation originally made for award dated June 16,2014 from Engberg Anderson is attached. Since the bid opening and initial recommendation, ithas become apparent the resources for funding this project have fallen shorl of estimates. lthas been necessary to revise the bid awards to account for this current funding gap, lt may bepossible to add some or all of these furnishings to the project later.

Based upon this reduced scope, the architect, owners representative, Library and City staffhave identified reductions in the scope of furnishings purchases to fit the aúailable bildget.Recommendations are to award eight of the eleven bid packages to various vendors who wèrelow bidder as shown on the 10127114 attached titled "City of Oãk Creek Furnishings - City Halland Líbrary". Furnishings not awarded due to a current funding gap amount $3-60,000 andare primarily for library bookshelves.

liscal lmpact: lf approved, furnishings in the amount of $g9S,5SS from available Library andCity Hall building construction funds would be used for this purchase. lt may be possible toexpand the scope of these purchases later, depending upon the availability of funding.

Fiscal by: Prepared and Submitted by:

Gerald R. Peterson, ICMA-CMCity AdministratorFinance Director/Comptrol ler

City of Oak Creek Furnishings - City Hall & LibraryUpdated tO-27-74

Original

5329,000

574,ooo

Sr¿¡,ooo

Srz,ooo

s28,000

S47,ooo

S316,ooo

Sr¡s,ooo

Reduction

-5zz,zqs.oo

-s24,298.00

-s33,788.00

s263,00

-S1,525.00

-s5,209.00

S418.oo

-S146,ooo.oo

-56,960.00

So.oo

-S97,ooo.oo

-S117,ooo.oo

S1,449,000 -S4s3,44s.oo

S3t6,q

s

s

t7s

S4e,

S1oe,2

s26,4

S41,

lnterior lnvestments

Forrer Business lnteriors, lnc.

Henricksen

M&M Office lnteriors, lnc

Library Furniture lnternational

Building Service, lnc

Schroeder Solutions

Embury, Ltd.

rí .' :

,..t;

Package #1 - Upholstered Furniture & Outdoor

Package #2 - Task Chairs

Package #3 - Youth Tables & Chairs

Package f4 - Task Chairs

Package #5 - Mobile Shelving & Lounge Chairs (w/partial #8)

Package #6 - Chairs & Tables

Package #7 - Modular Office Systems'. :lt

Package #8 - General Béokstack case eobab:Jw7*s¡ " '-

Package #9 - Conference, Study, General Tables

Package #10 - Bookstacks (CantileveiI.:l: ;:

Total Contract Awards For Approval

?ït

Evaluation of Received Bidsfune 10, 2014

To: City Administrotor Oak Creek City Hall

From: Soroh Ponto Engberg Andersotr, hrc.

Re Receipt of Acceptable Bids & Contract Award RecommenclationsFurnishingsOak Creek Civic CentcrEngberg Anders on Project N o. 732257

RECEIPT OF BIDSThe library received ancl openecl bids for Furniture Bicl Package on May 9,201.4. A tabulation ofthe bid results is attached for review. A summary of our recornmendations for each ContractFollows; we recornrnend that the Ciry award colrtracts to each of the responsive responsiblebiclders listed below,

CONTRACT I -TURNISHINGS IM&M bicl on this contract, The bid is complete. They are not the low bidder

Henricksen bicl on this contract. The bicl is cornplete. They are not the low biclder.

BSI bict on this conhact. The bid is cornplete. They are not the low bidder

Brothers bid on this contract. The bicì is incomplete.

Independent Markcting Associates, Inc, bid on this contract. The bid is inconrplete.

Interior Investments is the apparent low bidder for this contract; the bicl is complete and cloes notcolrtain erlors. The bidcler provided the qualification statement, acknowledgect all addendurns,and signed the bid form.

CONTRACT 2 - FURNISHINGS 2Forrer is tl-re only biclcler on this contract due to the proprietary items that can orrly be providedby a Steelcase dealer.

Forrer Business Interiors is the apparent low bidder for this conh'acÇ the bid is complete aud doesnot contain errors. The City must verify task seating quantity requirements before proceedingwith this contract. The bidcler signecl the bid form, but clid not acknowleclge the addendums. Aqualification statement was provicled. Acknowledgernent of the aclclendums will be requiledbefore a final recornmenclabion calt be given.

Evaluation of Received Bids Jwre10,20'14

CONTRACT 3 - TURNISHINGS 3Brothers l¡id on tl'ris contract. TIle bicl was incomplete.

Independent Marketing Assoc. Inc, bicl on this contract. The bid was incornplete.

Henricksen is the apparent low biclcler for this corrtracb the bid is complete arrd <Ìoes not containerrors. The bidcter provicled the qualification statement, acknowledged all acldendums, and

signed the bid form.

CONTRACT 4 - FURN¡SHINGS 4M&M is the only bidcler on tlris contract due to the proprietary iterns that can only be providedby a Hawolth dealer.

M&M is the apparent low bidder for this contracg the bid is complete and does not containerrors. The City rnust verify task seating quantity requirements before proceecling rvitÏ thiscontract. The bidder provided the qualification statement, acknowledged all addendums, and

signecl the bid fo¡m.

CONTACT 5 . FURNISHINGS 5B¡others bid on this contract. The bid is complete. They are not the lgw bidder:.

Library Furniture International is the apparent low bidder for this conh'acÇ the bid is completeand cloes not contain errors. The biclder provided the qualification statemenÇ acknowledgecl allacldendums, and signed the bid form.

CONTRACT ô - FURNISHINGS ôHenricksen bicl on this contract. The bid is complete. They are not the low bidder,

Brothers bid on this contract. The bid is incornplete

Corporate Design Interiors bid on this contract. The bid is cornplete. They are not the lowbidder.

BSI is the apparent low bidder for this contract with originally specified producb;cornplete and does not contain errors. The l¡iclcler provicled the qu¡lificationacknowledgecl all addendums, and signed the bid form. ;

BSI also provided a bid for allowed substitutions for this section. T'his bidfor the originally specifiecl produçts.

the bicl is

'g \r.

a

Evaluation of Received Bids June 10,2014

CONTRACT 7 - SYSTEMS FURNISHINGSHenricksen bid on this contract, The bid is cornplete. They are not the low bidder

Schroeder Solutions is the apparent low biclder for this contrac! the bid is complete ancl does notcontain errors. The l¡iddel provided the qualification statement, acknowleclged all adclendums,and signed the bid form.

Schroedel Solutions also provided a bid for allowed substitulions for this section. This bid is notthe low bicl.

CONTRACT 8 - CASEGOODS . GENERAT

Somrner Library Bureau bid on tl'tis contract. The bid is iucomplete.

Library Furniture International is the apparent low bidder for this contrâct and the biil did notcontain any elrors. The biclder ¡'rlovicled the qualification statement, acknowleclged alladdeudurns, and signed the bid form.

CONTRACT 9 _ CASEGOODS . TABTES

Library Furnifure International bicl on this contract. The bicl is cornplete. They are not tl're lowbiclder.

Ernbury, Ltd. is the apparent low bidder for this contlact and the bid ctid not contain any en'ors.The bidder provicled the qualification statemenf acknowledged all adderrdums, and signed thebid form.

CONTRACT IO - BOOKSTACKS - CANTITEVERED

Storage Systems bid on this contract. The bicl is complete. They are not the low bidder,

Embury Ltcl. bid orr this contract. The bid is cornplete. They are not the low bidcler.

Sornmer Library Bureau is the apparent low bidder for this contl'act. The bidder proviclecl thequalification staternent, acknowleclgecl all addenclums, and signed the bid form, The bid issignificantly lower ther"r the other two bids for this contract and EA lras not worked with thisrnanufacfurer ot venclor ¡rreviously. While verifying the bid arnount witl'r the Library Bureaurep, the rep asked to inclease his bid for this contract. Meanwhile EA l'ras been atternpting tocontact references provided by this comparìy. The reference given worked with Library llureauover 20 years ago. EA recomrnends that this bid be disqualified and that the Owner move on tothe next lowest bicl, which is Ernbury Ltd,

CONTRACT I I - BOOKSTACKS - OTHER

Sommer Library Bureau bid on tlris corrtract, Irowever they substihrtecl product that was notapprovec'l durilrg bicl ding.

J

Evaluation of Received Bids /une 10,2014

Embury Ltd, lricl on this conhact, however they substituted procluct that was not approvedduring biddittg.

Library Furniture Interlrational is the apparent low bidder for this contracÇ the bicl is cornplete

ancl does not contain errors, The bidder provided the qualification stateme¡t, acknowledged alladdendums, and signed tlre bid form.

SUMMARY OF BID RECOMMENDATIONS

Conhqcts for Recommended Bid Amounl

11 728.28

2 2 Forrer Business Interiors 42.87

3 Henricksen fi142,241..00

4 4 M&M

55 ,651.00

66

7 Schroeder

9 Casesoods - Tables Ltd.

.00

s135.295.83

10 Bookstacks - Cantilevered h¡hus¡. Ltd, $e6þ03.91

11 Bookstacks - Other Librarv Furniture International $117,318.00

TOTAT s1,448,7OO.98

PERFORMANCE AND PAYMENT BONDSEngberg Anderson recommends that the City of C)ak Creek request Perfo(mance and Payment

Bonds from all bidders. This is a typical requirement for any proìect where a bid exceeds $20,000.

REAUEST FOR OWNER AUTHORIZATION5Based on the provisions of the agreement we ask that you review these bicls

acceptance of the apparent low bid. This will constitute authorization forprepare the Agreernent between the Owner and the Vendor for the in the

surnmary above. Please advise us of tlre Board's decisions in these matters,

to

If you have any questions ot comments in legards to the bidders, theany other aspect of the project, please contact me.

next I

-{r

Evaluation of Received Bicls

Sincerely,

Saral'r Pontoh'rtcrior l)csigncr

SPlWW

Copie<l Carolyn Chaurbcrliry Chambcrlin Group

]une 1 0, 2014

5

BID TABULATION SHEET - Reduced ScopeOok C¡æk C.ryic CcnÞrEA PBjÉt No. 132257

Bid Opening DatÈ: Mzy 9, Xn4E

Ii,l/n\

It129100I 29000'l285001270fnl2óló0126110126120t0

FoÉ BusiK lnhiorE

No6

E:Bok

t

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City of Cak CreekConnrnon Council Report

Meeting Date: 1115114

Recommendation: That the Comrnon Council adopt Ordinance No. 2740, anOrdinance to Repeal and Recreate Section 11.20(g) and to Create 11.20(h) of theMunicipal Code Regarding Regulation of Firearms, Explosives and Other Missilesand Create Section 11.23(e) of the Municipal Code Regarding the Sale andDischarge of Fireworks Restricted.

Background: City Clerk Catherine Roeske, Police Chief John Edwards, AssistantFire Chief Michael Kressuk and the City Attorney met recently with representatives ofMÍlwaukee County regarding the control of wildlife on property owned by MilwaukeeCounty and controlled by General Mitchell lnternational Airport ("GM|A"). There is aserious problem of wildlifê causing potential safety issues for aircraft taking off andlanding at GMIA. At the meeting, it was explained that representatives of the USDAunder the direction of Milwaukee County are discharging shotguns, rifles orhandguns, pyrotechnics and may discharge arrows or bolts from a crossbow, and areutílizing traps to control the wildlife population in the area of GMIA. Attached to thisreport is a map depicting areas under the control of GMIA. Technically, theseactivities are violating our current Ordínances. This Ordinance creates an exceptionto our ordinances to allow these activities by Milwaukee County employees or itsagents under the control of GMIA. A representative from the USDA in charge ofthese efforts will be at the meeting of November 5h to explain this program.

For stylistic purposes, the exception to Section 1'1.20 will now be contained in (g) andthe definition section of this Ordínance is moved to (h). Police Chief Edwards is insupport of this Ordinance.

Fiscal lmpact: None,

a Approved by;bmitted

eyGerald R, Peterson, ICMA-CMCity Administrator

Approved by:

"{,//

,,,(

John EdwardsPolice Chief

Thomas RosandichFire Chief

ORDINANCE NO. 2740

BY

AN ORDINANCE TO REPEAL AND RECREATE SECTION I 1.20(9) AND TO CREATEl 1.20(h) oF THE MUNTCTPAL CODE REGARDTNG REGULATTON OF FTREARMS,

EXPLOSryES AND OTHER MISSLES AND TO CREATE SECTION 1 1 .23(e) OF THEMUNICIPAL CODE REGARDING THE SALE AND DISCHARGE OF FIREWORKS

RESTRICTED

The Common Council of the City of Oak Creek does hereby ordain as follows

SECTION 1: Section 11.20(g) of the Municipal Code is hereby repealed and recreated to readas follows:

II.2O REGULATION OF FIREARMS, EXPLOSIVES, AND OTHER MISSLES

(g) This Section shall not apply to Milwaukee County employees and its agentswhile on property owned by Milwaukee County under the control of GeneralMitchell International Airport.

SECTION 2: Section 11 20(h) of the Municipal Code is hereby created to read as follows:

II.2O REGULATION OF FIREARMS, EXPLOSIVES, AND OTHER MISSLES

(h) Defìnitions. For purposes of this Section

(1) A firearm is defined as any instrumentality from or with which a shot,bullet or pellet may be discharged or expelled, regardless of whetherthe propelling force is provided by air, spring or other similarmechanical device, or gun powder.

(2) A building is defined as a permanent structure used for humanoccupancy and includes a manufacturing home as defined in Section101.91(2) V/is. Stats.

SECTION 3: Section 11.23(e) of the Municipal Code is hereby created to read as follows:

11.23 SALE AND DISCHARGE OF FIREWORKS RESTRICTED.

(e) General Mitchell International Airport Property. This section shall notapply to Milwaukee County employees or its agents while on property owned byMilwaukee County under the control of General Mitchell International Airport.

SECTION 2: All ordinances or parts of ordinances contravening the provisions of thisordinance are hereby repealed

SECTION 3: This ordinance shall take force and be in effect from and after its passage andpublication.

Introduced this _ day of 20t4

Passed and adopted this day of 2014.

President, Common Council

Approved this day of 2014

ATTEST: Mayor

VOTE: Ayes NoesCity Clerk

2

ù ll

,l


Revised* q

("


Recommendation: That the Common Council adopt Resolution No. '11554-110514,a Resolution Accepting a Quit Claim Deed from Wisconsin Electric Power Companydlbla We Energies.

Background: On August 18, 2014, the Wisconsin Department of Transportation("WisDOT") and Wisconsin Electric Power Company ("WEPCO") entered into anAgreement, a copy of which is attached, whereby WEPCO agreed to be responsiblefor WisDOT's expenses related to upgrading the signal equipment at State Highway32 ("Wis 32") and County Line Road to meet required standards for permanentinstallation. The Agreement further provided that WEPCO was to be responsible forWisDOT's expenses for the maintenance of the traffic signals located at the Wis 32and County Line Road intersection for the next 20 years. The Agreement fudherprovided that WEPCO was to dedicate as public highway righlof-way to the City ofOak Creek the first 250 feet of the power plant entrance begínning immediately to theeast of the land previously dedicated by WEPCO for the intersection improvementsthat established a new east right-of-way line for Wis 32. A copy of the Quit ClaimDeed which conveys the 250 feet of right-of-way is attached.

Fiscal lmpact: None as WËPCO will continue to maintain that portion of thedriveway that has been deeded to the City.

by: Respectfu lly subm itted,

n Gerald R. Peterson, ICMA-CMCity Administrator

Fiscal Review by: Approved by:

Bridget Souffrant

ey

Michael Símmons.City EngineerFinance Director / Com ller



Recommendation: That the Common Council adopt Resolution No. 11554-110514,a Resolution Accepting a Quit Claim Deed from Wisconsin Electric Power Companydlbla We Energies.

Background: On August 18, 2014, the Wisconsin Department of Transportation("WisDOT") and Wisconsin Electric Power Company ("WEPCO") entered into anAgreement, a copy of which is attached, whereby WEPCO agreed to be responsiblefor WiSDOT's expenses related to upgrading the signal equipment at State Highway32 ("Wis 32") and County Line Road to meet required standards for permanentinstallation. The Agreement further provided that WEPCO was to be responsible forWisDOT's expenses for the maintenance of the traffic signals located at the Wis 32and County Line Road intersection for the next 20 years. The Agreement furlherprovided that WEPCO was to dedicate as public highway right-of-way to the City ofOak Creek the first 250 feet of the power plant entrance beginning immediately to theeast of the land previously dedicated by WEPCO for the intersection improvementsthat established a new east right-of-way line for Wis 32. A copy of the Quit ClaimDeed which conveys the 250 feet of right-of-way ís attached.

Fiscal lmpact: None as WEPCO will continue to maintain that portion of thedriveway that has been deeded to the City. Minimal expenses will be incurred by theCity for ongoing maintenance and repair of the 250 feet of the power plant entrance,

by: Respectfu lly su bm itted,

Gerald R. Peterson, ICMA-CMCity Administrator

Fiscal Review by: Approved by

Brid ouffra

q

k¡

Michael Simmons,City EngineerFin rector / Comptrolle

RESOLUTION NO. 11554 - 110514

RESOLUTION ACCEPTING A QUIT CLAIM DEED FROM WISCONSINELECTRIC POV/ER COMPANY DIB/A WE ENERGIES

(4th Alderrnanic Distlict)

WHEREAS, the State of Wisconsin and Wisconsin Electric Power Company("WEPCO") entered into an Agreement as of August i8, 2014 which requiled'WEPCOto be responsible for expenses incuned by the Departrnent of Transportation("WisDOT") related to upgrading the signal equipment at the State of WisconsinHighway 32 ("Wis 32") and County Line Road intersection; and,

WHEREAS, said Agreement provided that 'WEPCO was to dedicate as publicright-of-way to the City of Oak Creek the fir'st 250 feel of the po\¡/er plant entrancebeginning immediately to the east of the land dedicated by WEPCO for improvementsthat establish a new east right-of-way line for V/is 32; and,

WHEREAS, by virtue of a Quit Claim Deed dated September 29,2014 fiomWEPCO to the City, WEPCO has dedicated the necessary right-of-way.

NOW THEREFORE, BE IT RESOLVED by the Mayor and Common Council ofthe City of Oak Creek that the Quit Claim Deed from V/EPCO be and the sarne is helebyaccepted as public right-of-way.

Introduced at a regular meeting of the Common Council of the City of Oak Creekheld this 5tl'day of November,2014.

Passed and adopted this 511'day of November,2014


Apploved this 5Tl'day of November, 2014

Mayor Stephen Scaffidi

ATTEST

Catherine A. Roeske, City Clerk

VOTE: Ayes _ Noes =--

Wc Irrctgics231 \,V ít4iclrigarr St

ir4ilwauker..:. VVI 53203

wv/v( \,v0-0r)0r U r0s.c0t rì

Catherine A. Phillips

PH: (414)221-3479Fax: (414) 221-2139Email: [email protected]

October 27,201,4

Mr. Lawrence i, HaskinCity AttorneyCity of Oak Creek7300 S. l-3th Street, Suite 104Oak Creek, Wl 53154

RE: Oak Creek Power Plant/Elm Road Generating Station Driveway Entrance

Dear Larry

ln August of this year, you and I exchanged voicemail messages regarding the entranceof the Oak Creek Power Plant/Elm Road Generating Stat¡on off of Hwy 32 in the City of Oak

Creek, Attached is the MOU between the Wisconsin Department of Transportation andWisconsin Electric Power Company in that regard. As indicated in Article 1.4, Wisconsin Electricis to "dedicate as public right-of-way to the City of Oak Creek the first 250 feet of the PowerPlant entrance..," As you had suggested and we agreed, attached is the quit claim deed thatdeeds that property to the City, Wisconsin Electric will continue to maintain the portion of thedriveway that we deeded to the City.

lf you have any questions, please contact me

Sin ly,

ne PhillipsLegal Counsel

Attachments: MOU

Quit Claim Deed

cc: Linda Sodemann

AGREEMENT

THIS AGRËEMENT is made and entered into by and between Wisconsin Department ofTransportation ("WisDOT") and Wisconsln Electric Power Company ("WEPCO')'

WHEREAS, Elm Road Services ('ERS') constructed a facility expansion at the Oak Creek Power

Plant ("Expansion"), located in the City of Oak Creek and Village of Caledonia, Wisconsin and as aresult of the construction taking place between 2005 and 2010, there was increased molor vehicletraffic in the immediate vicinity of the entrances to the power plant; and

WHEREAS, during the period of construction, increased motor vehicle traffic required roadwayimprovements and accompanying signals ("lmprovements") to be crealed; and

WHEREAS, ERS entered into an agreement in 2005 with WisOOT which addressed theresponsibilities of WisDOT and ERS related to the lmprovements including the installation ofaocompanying traffic signals at certain intersections within the vicinity of the Expansion Project; and

WHEREAS, WEPCO is operating the Expansion of the Oak Creek Power Plant and as a result therewill contihue to be increased traffic in the immediate vicinity of the power plant; and

WHEREAS, WisDOT will allow the lmprovements, including the traffic signals, to remain in place at

the WIS 32 and County Line Road intersection for a period of twenty (20) years,

NOW, THEREFORE, the parties agree as follows:

ARTICLEl.0 WEPCO Responsibilities

1,1 WEPCO shall be responsible forWisDOT's expenses related to upgrading the signalequipment at the WIS 32 & County Line Road intersection to meet the required

standards for a permanent installation.

1,2 WEPCO shall be responsible for WisDOT's expenses for the maintenance of the trafficsignals located at the WIS 32 & County Line Road intersection for the next twenty

' years, WEPCO shall provide a payment of $2000 to WisDOT by June 1 of every year

beginning in 2014 for tho additional maintenance costs, WEPCO has the option toprovide a onetime lump sum payment of $40,000, íf desired, in 2014.

1.3 WEPCO shall, if required by WisDOT, remove one of the southbound left turn lanes atthe WIS 32 & County Line Road by placing the appropriate pavement markings inplace to indicate that the lane is not to be used.

WEPCO shalldedicate as public highway right-of-way to the City of Oak Creek the first250 feet of the Power Plant entrance beginning immediately to the east of the land

dedicated by WEPCO for the lmprovements that established a new east right-of-way

line for WIS 32. This dedication is required to allow WisDOT to be able to place andmaintain tratfic signal equipment on this approach to the WIS 32 & County Line Roadintersection, ln addition, this dedication is needed to bring the access into compliancewith Wisconsin State Statutes regarding private driveway widths. Wisconsin Statute86.07 and Administrative Code Trans 231 limit private driveway widths to thirty{ive(35)feet. The current private driveway access greatly exceeds this limit. Theresponsibility for maintenance of the roadway will need to be negotiated with the City

of Oak Creek.

Page 1 of 3

1.4

83600

ARTICLE 2.0

2.1

2.2

2.3

ARTICLE 3.0

3.1

ARTICLE 4.0

4.1

4,2

4,3

4.5

4.6

4,7

4.8

4.9

4.10

44

WisDOT Responsibilities

WiSDOT shall be the responsible party for the timing and maintenance of the trafficsignals at the WIS 32 & County Line Road intersection.

WsDOT shall, at its own expense, take over all maintenance of the traffic signals attheWlS 32 and Oakwood Road intersection begÍnning in 2013.

W|SDOT shall, at its own expense, remove the traffic signals at the WIS 32 and SevenMíle Road intersection, WEPCO reimbursed WisDOT for the expense to removethese signals in a prior agreement.

PERMITS

Each party shall obtain all necessary construction and other permits required for anyconstruction at the íntersections for which they are responsible,

GENERAL.

This Agreement shall be binding upon the WisDOT and WEPCO and their successorsin title or assigns.

W|SDOT and WEPCO agree that at the end of the twenty year timeframe of thisagreement, they will meet to reevaluate the need for the lmprovements at the WIS 32& County Line Road intersection.

This MOU contains the entire agreement between the parties; all prior negotiationsand discussions have been merged into and are superseded by this MOU.

Assignment. None of the parties may assign this Agreement without the consent ofeach of the other parties.

This Agreement shall be governed by the laws of Wisconsin excluding its conflict oflaws provisions. WisDOT and WEPCO consent to jurìsdiction and venue inMilwaukee, Wl.

WísDOT shall comply with Wisconsin's Open Records Law Secs. 19,32 - 19.39, Stats.

Nothing in this MOU shall limít or othenryise affect the sovereign immunity of the Stateof Wisconsin,

This MOU shall not be construed to create third-party beneficiaries, nor to create apartnership between WEPCO and WisDOT,

This MOU may be signed in counterparts.

The alteration of highway features is a police power and does not entitle any person,publíc or private, to any damages or compensation for such work. This MOU shall notbe construed to create in any person a property interest in the traffic signals or anyother feature within WisDOT's highway.

83600 Page 2 of 3

IN WITNESS WHERE oF, the parties hereto have executed this Agreement on this day of2014.

WISCONSIN ÐE RTATION

By !\\

Name: ,< Ç;B-/ 5cH lvl 11

26o'v,J'f)s/u-rY')¿8E,

WISCONSIN ELËCTRIC POWËR CO¡VIPANY

Title Pr,u,u*ar(r.o

STATE OF W|SCONS|N )

couNTYoFWAUKESHA ì tt

L> wd'(Personallv

,Dìr'(-lz:r oícame before me this [\ o"y orWisconsin Department of Tran

executed the foregoing instrument and

STATE OF W|SCONS|N )

couNTY oF MTLWAUKEE ì t'

llLrnt,*l-, z,tÞfun-Ntuy,J". S Reqspor(htion, to me l<nown to be the person who ',

same on behalf of said agency.

fr-t lÃtrPrintNotary Public, ofMy commission expires

Jnn---t,'lx,,Print Name r€ANotary Public, State of nstnMy commission expires chb 2a/(-

ö/il

frs,,Ðü17

/) . Perlonally came before me this lt'l| d^V of /:nquS f ,2014, /ak;ck- A.Jh.{ê, as Vk¿(v¿s¡dør¡t of Wisconsin Electric-Þower'comþffi-to me known to be the person whoexecuted the foregoing instrument and acl<nowledged the same on behalf of said agency,

\k

dY

ctNDyt.TRENIËR

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0F83600Page 3 of 3

,State Bar ol Wisconsin Form 3 - 2003

QUIT CLAIM DEEDDocument Name

ililil ililililil1ilililililil ililt ilil ilililt*10399098*

D0t.# 10399ûgB

RECORDED 09/2912014 02:24PF1JOHN LA FAVE

REGISTER OF DEEDS

14i lr¡aukee County, l4I I

AI40UNT I 30.00FEE EXEtr4PT #: 7T .zs(zï)

Document Number

THIS DEED, made between ?lisconsin Electric PowerConpanv a glisconsin corporation d/b/a Iùe Energies

("Grantor," whether one or more),

and The City of Oak Creek, a municípaI corporation

("Grantee," whether one or more).

Grantor, quit cfaims to Grantee the following described real estate, togetherwith lhe rents, profits, fîxtures and other appurlenant interests, in

ldilwaukee County, State of Wisconsin ("Property")(if more space is needed, please attach addendum):See Exhibit À attached hereto

Dated Septenber 10 , 2OtAWi"s

(sEAL))ß

(SEAL)*

AUTHENTICATION

Recording Area

Name and Return Address

Wisconsin Electric Power CompanyAttnl Arlene BuÈtke231 Vr, l4ichigan SEt A252I'lilwaukee, VÍI 53203

Part of 9679989001

Parccl Identifica¡ion Number (PfN)

This is not homestead property(is) (is not)

E1 Company

(sEAL)Í

I'fanager of Property Manageroent(SEAL)

ACKNOWLEDGMENT

*

4.

Signature(s)

authenticated on

t(

TITLE: MEMBER STATE BAR OF(If not,

authorized by Wis. Stat. $ 706.06)

THIS INSTRUMENT DRAFTED BY:

A¡Iene S. Buttke, Agent for Wisconsin

STATE OF WISCONSIN

l"ÍilwaukeePersonally came before me on

COUNTY)SêÞtenber 10, 2014

the above-named ,James T, RaabeMan3ger of Propertv l"fanÊgenentto me known to be the person(s) who executed theforegoing instrument and acknowledged the same.

ûÀfun^-",\,vl¡ffi1--* Àrl-ene S. Buttke

)) ss.

Electric Power ConpanyNotary Public, State of WisconsinMy Commission (is permanent) (expires: 03/7'7 /20L8 )

(Signalures may be authenticated or acknowledged, Bolh are nol necessary.)NOTE: THIS lS A ST^NDARD FORM. ANY MODIFICATIONS TO THIS FORM SHOLJLD BE CLEARLY IDENTFIED.

QUIT CLAIM DEED STÀTE BAR OF WISCONSIN FORM No.3.2003*Type name below signatures.

Wiscons¡nElectricPowerconìpaùy,lSlWEvere[estMilrvåukce,wl5]290-0001 Pho^c.414-Z2l-2718 Ftx:414-221-?ll) OCPPåndERGSArlene Euuke Produced with ZipForm,@ by zipLog¡x 18070 Filteen ¡rl¡lê Road, Frassr, Michigan 48026 M.zioL@¡x.com

EXHIBIT "A"

APPROACH TO OAK CREEK POWER PLANT & ELM ROAD GENERATING STATIONPARCEL LEGAL DESCRIPTION:Ail that part of the Southwest one-quarter (SW 1/4) of Section Thirty-six (36),Town Five (5) North, Range Twenty-two (22)East, City of Oak Creek,bounded and described as follows:

Commencing at the Southwest corner of the Southwest one-quarter (SW 1/4) of SectionThirty-six (36) thence South Eighty-eight degrees fifty-three minutes thirty-nine secondsEast (S,88"53' 39"8.) along the south line of said Southwest one-quarter (SW 1/4) fivehurdred sixty (560.00) feet to a point; thence North one degree six minutes twenty-oneseconds East (N,01'06'21"E.) sixty-eight and eighty-four hundredths (63,S4) feet to theplace of beginning of the parcel to be described; thence northwesterly along a curve onehundred eighteen and thirty-two hundredths (11S.32) feet whose radius is one thousandsix hundred seventy-two and ninety-five hundredths (1672,95) feet to the Northeast andwhose chord bears North forty degrees thirty-four minutes zero seconds rüest(N.40"34'00"Vy'.) one hundred eighteen and thirty hundredths (11S.30) feet; thence Northseventy-eight degrees six minutes twenty-one second East (N.78"06'2I^8.) fifty-eight andthirty-seven hundredths (58.37) feet; thence North fifty-seven degrees six minutestwenty-one second East (N.57"06'21"8.) one hundred forty (140.00) feet; thence Northfifty-one degrees six minutes twenty-one second East (lr{.51"06'21"E,) sixty (60.00) feet;thence South forty degrees fifty-three minutes thirty-nine seconds East (5.40"53' 39"E.)sixty-six (66.00) feet; thence South forty-nine degrees six minutes twenty-one secondWest (S,49"06'21"W.) ninety-six (96.00) feet; thence South fifty-two degrees six minutestwenty-one second West (S.52"06'21"W.) one hundred (100.00) feet; thence South forty-onedegrees six minutes twenty-one second West (S.41'06'27"'W.) fifty-five (55.00) feet; to theplace of beginning.

PAGE 1 OF 2

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APPROACH TO OAK (REEK POWER PLANT,E ELM ROAD 6ENERATN6 STANON IN

PART 0F THE SW 1//* 0F SEC41N 36, TSN R22ECITY OF OAK (REEK, MILWAUKEE COUNTY, WIS(ONSIN PA6E 2 OF 2



Item tto.: [!Recommendation: That the Common Council adopt Resolution No. 11550-110514 acceptingthe 2012 Financial Statement and Auditors' Report as prepared and presented by Baker TillyVirchow Krause, LLP.

Background: Annually, the Common Councilformally accepts the financial statementscompleted by Baker Tilly Virchow Krause, LLP. Due to staff transition last year, the 2012statements where never formally brought to Council.

Fiscaf f mpact: Fees for the 2012 audit were contracted and paid out of the 2013 budget

Prepared by Respectfully subm itted,

erald R. Peterson, ICMA-CMFinan m ler City Administrator

RESOLUTTON NO. 11550-1 10514

BY

A RESOLUTION ACCEPTING THE 2012 FINANCIAL STATEMENIAND AUDITORS' REPORT AS PREPARED BY BAKER TILLY VIRCHOW KRAUSE, LLP

WHEREAS, the City of Oak Creek has an annual audit performed in accordance with StateStatutes; and

WHEREAS, the City had engaged the services of the accounting firm of Baker Tilly VirchowKrause, LLP to conduct the audit of the 2012fiscal year; and

WHEREAS, the Common Councilfinds the statement and report to be acceptable andcomplete.

NOW, THEREFORE, BE lT RESOLVED that the City of Oak Creek accepts the 2012 FinancialStatement and Auditors' Report as prepared and presented by Baker Tilly Virchow Krause, LLP

lntroduced at a regular meeting of the Common Council of the City of Oak Creek this Sth day ofNovember,2O14.

Passed and adopted this Sth day of November,2014.


Approved this _ day of ,2014

Mayor

ATTEST

City Clerk Vote: Ayes _ Noes



Item No.

Recommendation: That the Common Council adopt Resolution No. 1 1 551-1 10514 acceptingthe 2013 Financial Statement and Auditors' Report as prepared and presented by Baker TillyVirchow Krause, LLP.

Background: Annually, the Common Council formally accepts the financial statementscompleted by Baker Tilly Virchow Krause, LLP. Attached is a copy of the 2013 FinancialStatements and Auditor's Report for the Common Council's review and approval.

Representatives from Baker Tilly Virchow Krause, LLP presented the financials to the FinanceCommittee in July. Due to timing, I did not request representatives to be in attendance at thismeeting, but have included their presentation to the Finance Committee and will answerquestions if needed.

Each year the auditor's report on weaknesses and deficiencies that may exist inside theorganization. lt is management's responsibility to correct these items each year to improve asthe year's progress. The auditors reported that the process for reviewing new vendors hasbeen corrected since the 2012 audit and is no longer a weakness in internal control. Two newitems were noted in the 2013 audit. One, the Emergency Medical Services Fund has a deficitfund balance of $628,795 and it is being recommended that the City determine a plan to fundthe deficit. Two, the City's lnformation Technology Department needs to formalize their policiesand procedures in writing.

Fiscal lmpact: Fees for the 2013 audit were contracted and paid out of the 2014 budget

Prepared by Respectfully submitted,

Bridget

lt

nt,Finance Director/Comptrol

Gerald R. Peterson, ICMA-CMCity Administratorr

RESOLUTTON NO. 1 1551 -110514

A RESOLUTION ACCEPTING THE 2013 FINANCIAL STATEMENTAND AUDITORS' REPORT AS PREPARED BY BAKER TILLY VIRCHOW KRAUSE, LLP

WHEREAS, the City of Oak Creek has an annual audit performed in accordance with StateStatutes; and

WHEREAS, the City had engaged the services of the accounting firm of Baker Tilly VirchowKrause, LLP to conduct the audit of the 2013 fiscal year; and

WHEREAS, the Common Councilfinds the statement and report to be acceptable andcomplete.

NOW, THEREFORE, BE lT RESOLVED that the City of Oak Creek accepts the 2013 FinancialStatement and Auditors' Report as prepared and presented by Baker Tilly Virchow Krause, LLP.

lntroduced at a regular meeting of the Common Council of the City of Oak Creek this Sth day ofNovember,2Ol4.

Passed and adopted this 5th day of November,2Q14.


Approved this _ day of _,2014

Mayor

ATTEST:

City Clerk Vote: Ayes Noes

BY

CITY OF OAK CREEK

REPORT TO THE FINANCE COMMITTEE

July 25, 2014

Presented By:

Baker Tilly Virchow Krause, LLP

Steve Henke, CPA, Senior Manager 414.777.5342Tim Sowinski, Senior Accountant 414.777.5966

Note: Data was derived from current and prior years audited financial statements

9,000,000

8,500,000

8,000,000

7,500,00o

7,000,000

ó,500,000

ó,000,000

5,500.000

5,000,000

4,500,000

4,000,000

3,500,00o

3.000,000

2,500,000

2,000,000

1,500,000

1,000,000

500.000

City of Oak Creek

General Fund's Fund BalanceActual 2009 - 2013

20to

r Nonspendable

r Assigned

r Unassigned

lReserved

tDesignaled

¡Undesignated

2009 20tt 2012 20t3

2009 2010 2011 2012 201 3

ReservedDesignatedUndesignatedNonspendableAssignedUnassigned

Total

$ 1,s21,39s775,930

5,486,193

$ 1,660,637 $875,880

5,686,696

$ $

874,6203,613,4103,755,548

1,272,5682,OgO,7g24,188,397

1 ,391 ,9131,683,6724,417,816

$ 7.783.s18 $ 8.223.213 $ 8.243,578 $ 7,541,747 $ 7,483,401

II I

I I I I Ir r I I II I I

I r I II I II I Ir

I Ir r Ir I II I rI I II I II I II I r

-1-

$24,00O,0O0

$23,OOO.0OO

fi22,OOO.OOO

$21,0O0,0O0

$20,0OO,0OO

$19,00O,00O

City of Oak Creek

General Fund Revenues & ExpendituresActual 2009 - 2013

{- Revenues

{- Expenditures

$18,00O,0002009 20to 20tt 2012

2009 20't0

Total Revenues & Transfers ln $ 23,025,992 $ 22.605,349 $

Total Expenditures & Transfers Out g 21.397.022 $ 22.165.654 $

Excess

Fund Balance

General Fund

2013

201'l 2012 201 3

$ 22,598,690 $ 22,843,3s4

13 $ 23,300,521 $ 22,901,700

$ 1.628.970 $ 439,695 $ 20,365 $ (ZOr,e3r) $ (58,346)

2009 201 0 2011 2012 2013

$ 7.783.518 $ 8,223,213 $ I ,578 $ 7,541,747 $ 7,483,401

-2-

City of Oak Creek

2013 General Fund Revenues and Transfers ln

Total Revenues: $22,843,354

lntergovernmental22%

Other.10o/o

Transfers lnao/

Taxes617o

" Other includes regulation and compliance, public charges for seruices, investment income, miscellaneous,intedund charges for seruices and sale of property.

3

City of Oak Greek

General Fund Revenues and Transfers lnActual 2009 - 2013

$1ó,000,00o

$14,000,0O0

$12,000,00o

$10,000,0O0

$8,00O,00o

$ó,ooo,00o

$4,000,00O

$2,OOO,0OO

$-o-2009 20to 20tt 2012 2013

2009

+Taxes+lntergovernmental

+Transfers ln

+Other-

201 0 2011 2012 2013

TaxeslntergovernmentalTransfers lnOther*

$ 13,863,916 $5,021,9581,250,1472,870,558

13,730,5105,041 ,1 631,485,9802.347.696

$ 13,722,3315,079,8541,544,425

$ 13,664,32e $4,623,5231,680,7822,630.056

13,913,1774,920,1591,683,6722.326.3462 17.968

Totals $ 21.122.293 $ 23,006,579 $ 22,60s,349 $ 22.598.690 $ 22,843,354

* Other includes regulation and compliance, public charges for services, investment income, miscellaneous,interfund charges for seruices and sale of property.

-4-

City of Oak Creek

2013 General Fund Expenditures and Transfers Out

Totaf Expenditures: $22,901,70O

Public Works167"

Public Safety47y"

* Other includes Leisure Activities, and Health and Social Services

Other.11"/"

Transfers OutO"/o

General Government26o/"

5

City of Oak Creek

General Fund Expenditures and Transfers OutActual 2009 - 2013

$12,OOO,OOO

$1O,OOO,O0O

$8,0oo,ooo

$ó,ooo,0oo

$4,O0O,OOO

$2,000,0o0

$-o-

--t

20æ 20to 20tt 2012 20t3

2009 2010 2011 2012 2013

General GovernmentPublic SafetyPublic WorksOther*Transfers Out

Totals

$ 5,469,916 $10,125,9253,411,9942,399,297

5,488,77910,702,9713,424,9902,545,577

3,437

$ 5,456,471 $1 1,159,4643,615,0002,614,279

6,553,314 $10,807,6133,298,7142,475,472

165,408

5,904,29510,835,9353,584,0562,476,637

100,787

$ 20.997.202 ç 21,397,022 $ 22.165,654 $ 23,300,521 $ 22,901,700

* Other includes Leisure Activities, and Health and Social Services

+GeneralGovernment

-+Public Safety

+Public works

+Transfers Out

+Other*

-6-

Gity of Oak Creek

G. O. Debt vs. Gapacity

$180,OOO,0OO

$160,0oo,00o

$1¿rO,0OO,00O

$120,0oo,000

$10o,0oo.00o

$80,0oo,00o

$ó0,ooo,ooo

$¡+0,00o,0oo

$20,0oo,000

$-o-

Actual 2009 - 2013

-¿1

2009 2010 2077 20t2 2073

2009 201 0 2011

Outstanding Debt

+Debt Limit

+Reserved for DebtService

2012 2013

Debt LimitOutstanding Debt

Difference

% Available

$ 164,676,685 $ 155,679,150 $ 154,447,610 $ 146,638,330 $ 146,099,195096 1 287 1 360

$ 589

93.81%127 77 6

90.77o/o 52.9970

1 863 1

Equalized ValueGrowth

% Growth

$3,293,533,700 $3,113,583,000 $ 3,088,952,200 $ 2,932,766,600 $ 2,921,983,900$ 79 $ 56 18s 782

-2.58% -0.79% -0.37yo

Restricted for debt service 979 134 1 052 463 662 s55

7


Meeting Date: November 5,2Q14

rtem no.: lIRecommendation: Approve professional service agreement with SmithGroupJJR for Lake

Vista Planning, Programming, and Conceptual design in an amount not to exceed $61,000 and

authorize the City Administrator to sign the agreement.

Background: The Common Council has recently authorized proceeding with project scopesand budgets for various program elements of the Lake Vista Lakefront Redevelopment Plan. ln

order to proceed with more detailed, planning and the development of design components forthe: 1) Community Park and Playground, and 2) Terrace and Access to the Lake components ofthe plan, staff has sought a proposalfor professional services from SmithGroupJJR. This firm isvery familiar with past City efforts on these sites and has been a good and valuable partner forthe City bringing important experience and ideas to assist City efforts.

Attached is a professional services contract in an amount not to exceed $61,000 for planning

and conceptual design work on these projects which includes:

. Data collection

. Geotechnicalinvestigation

. Base map preparation

. PreliminaryConceptual DevelopmentServices

. Conduct alternative recommendations for the public and stakeholderso Create final concept proposals for Common Council consideration prior to the

development of any architectural design or development of project bidding documents

Fiscal lmpact: 50% of the cost of this work will be charged to the budgets (Community Park &

Playground $2.SM/Terrace and Access to Lake $3.0M) approved for these projects.

Fiscal Review by: Prepared and Submitted by:

Bri SFinance Dire ctor/Com


SMITHGROUPJJR

October 29,2014

Mr. Gerald Peterson

City Administrator

City of Oak Creek, Wl8640 S. Howell AvenueOak Creek, Wl 53154

RE: Proposal for Professional ServicesLake Vista lmplementation Project - Planning, Programming, and Conceptual Design

0n behalf of SmithGroupJJR, lnc., I am pleased to submit this proposal for the City of Oak Creek ("Client"). Thefollowing is our understanding of the services which are to be provided.

UNDERSTANDING OF THE PROJECT

We understand that the Oak Creek City Council has approved allocation of $14.6 million to implement a series ofimprovements as part of the Lake Vista Redevelopment Project. These projects are intended to help spur economicdevelopment, improve public access and enhance public spaces in general conformance with the NeighborhoodDevelopment Plan and staff recommendations from a series of meetings in September, 2014. Recommendationsincluded the following:

North Bluff Stabilization - $1.3 millionRoad Extension to Provide Public Access - $7.0 million

Community Park & Playground - $2.5 millionTerrace & Access to Lake - $3.0 million

Contingency - $800,000

Services described in this proposal are for planning activities associated with the Community Park and Playground(Project 3) and Terrace and Access to the Lake (Project 4). A specific program and layout of design components has

not been developed in detail. However, city staff has identified a menu of desired components to be incorporated as

further described below. This menu and the associated budget allocation for Projects 3 and 4 form the basis of thisScope of Services.

The project site is in the final stages of closure and not currently owned by the Client. However, land ownership is

expected to be transferred to the Client shortly. All propct components must be designed in conformance with Clientobligations cited in the site closure letter issued by regulatory agencies.

SCOPE OF SERVICES

Taskl-DataCollection

1.1 Collect Physrcal S/e lnformation

SmithGroupJJR will engage the services of a subconsultant to collect current aerial mapping and topographic mapping

for the proposed project area (Attachment A). These services will include:

. Color aerial photography sufficient to support a 1' contour and a 3" resolution digital orthophoto.

Photography will occur in the fall of 2014 after leaf-off and before snowfallo Ground control to support the mapping effort

1

2

3

4

5

SMTHGROUPJJR 44EASTMFFLNSTREET SUTE5OO MADSON W 53703 T60825I 1177 F6082516147

StYlITtlGROlJPJJR Gerald Petenson, City Administrator

October 29, 2014

Page 2 of 7

. Development of a digital tenain model (DTM) to support 1' contours (6" vertical accuracy)

. 1"=100'scaleplanimetricmapping

. Development of seamless 3" color digital orthophotography delivered in TIFF with World fìles

All mapping data will be provided in AutoCAD V14 format. ln addition, SmithGroupJJR will complete ground surveys to

supplement aerial topography at key locations such as the existing bluff access road, the top of revetment at the bluff

toe, and existing storm sewer/culvert outfalls.

1.2 Geotechnicallnvesfþaftbns

SmithGroupJJR will review existing geotechnical reports and, if necessary, engage the services of a subconsultant to

prepare a geotechnical report to evaluate subsurface conditions potentially impacting design of proposed lakefront

improvements. This will include:¡ Drill up to 12 borings up to 15 feet deep.

. Conduct lab work to estimate index properties of anticipated on:site soils

. Prepare a report that presents the boring soil profiles and provides geotechnical recommendations related to

bearing capacity for spread footings, pile design parameters for shallow deck piers, and lateral earth

pressure design parameters for retaining walls.

Site work shall be completed in strict conformance to site closure letters from regulatory agencies for all properties.

1.3 Base Map Preparation

SmithGroupJJR will prepare a composite base map summarizing and documenting natural and built (man-made)

features. SmithGroupJJR will use the base map throughout the project as concepts are prepared and ideas are

evaluated.

Task 2 - Planning, Programming, and Concept Design Refinement

2.1 Prelíminary Conceptual Development Scenarios

Utilizing information gained during development of the Neighborhood Development Plan and subsequent meetings with

City staff in September, 2014, SmithGrOupJJR will prepare a series of alternative conceptual development scenarios

depicting near term improvements for the active recreation area and south bluff. The scenarios will be graphics

prepared over the project base map and will seek to illustrate alternative concepts and ideas. The graphics will

articulate potential park facility locations, parking areas, access and circulation routes, vista points, lakefront access

routes and types, general landscape treatments, and open space areas. A minimum of two concepts will be generated

for committee review, but it is likely that more will be evaluated through this process.

SmithGroupJJR will also prepare concept level Opinions of Probable Construction Cost (OPGC)conesponding with

each alternative. The recommended program will be developed to generally sync with the overall budget identified in

the September, 2014 staff meetings and summarized in the "Understanding of the ProJect" described herein.

2.2 Afternatives Review Workshop

Following development of the conceptual scenarios, SmithGroupJJR will meet with a committee comprised of relevant

cig staff, members of the public, the City's environmental consultant and other stakeholders identified by the Client to

review and discuss the plans and corresponding OPCCs. The full day workshop will be led by SmithGroupJJR staff

and supported by conceptual development scenario drawings and opportunity/constraint mapping prepared by

SmithGroupJJR staff prior to the workshop. Committee preferences for specific design solutions and

StYlITllGROlJPJJR Gerald Peterson, City AdminiskatorOctober 29, 2014

Page 3 of 7

recommendations will be noted and additional ideas beyond those included in the alternatives may be generated anddiscussed. At the end of the meeting, the Committee will identify a preferred alternative, or elements from each

alternative, that can be refìned to serve as the basis of subsequent design activities.

2.3 Draft Final Concept

SmithGroupJJR will prepare a final conceptual plan and updated OPCC based on decisions made at the AlternativesReview Workshop. The consensus plan will identify locations, conceptual sizes, and types of site improvementsincluding the following:

Active Recreation Area. Parking areas. Pavilion/shelters(locationonly). Grassedrecreationalfìelds/areas. Paved recreational areas. Playground(location). Support facilities (e.9,, maintenance sheds, etc.). Utility extensions. Stormwatermanagementfacilities. General landscape character and keatments

Bluff Amenities. Overlook location and conceptual layout. Pathway and/or stainaray to lakefront

2,4 Review Meeting & Final Concept Plan

The final Consensus Plan will be kansmitted electronically to the Client for fìnal review. SmithGroupJJR will attend a

meeting with the Client to review the plan for conformance with decisions made at the Alternatives Review WorkshopThe plan will be finalized based on modifications agreed upon at the meeting. The fìnal plan and modifìed OPCC will

be transmitted to the Client and will serve as the basis of design of subsequent improvements after Common Councilreview and approval.

CLIENT RESPONSIBILITIES

Provide SmithGroupJJR with all criteria and full information as to Client's requirements for the Project, including

design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability,

and any budgetary limitations; and furnish copies of all design and construction standards wtrich Client will require

to be included in the Drawings and Specifìcations; and furnish copies of Client's standard forms, conditions, and

related documents for ENGINEER to include in the Bidding Documents, when applicable.

2. Furnish any other available information pertinent to the Project including reports and data relative to previous

designs, or investigation at or adjacent to the Site.

3. Arrange for safe access to and make all provisions for SmithGroupJJR to enter upon public and private property

as required for SmithGroupJJR to perform services under the Agreement.

4. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifìcations, proposals, and other

documents presented by SmithGroupJJR (including obtaining advice of an attorney, insurance counselor, and

S]YlITllGROUPJJR Gerald Peterson, City Administrator

October 29, 20'14

Page 4 of 7

other advisors or consultants as Client deems appropriate with respect to such examination) and render in writing

timely decisions pertaining thereto.

5. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all

phases of the Project designed or specified by SmithGroupJJR and such reviews, approvals, and consents from

others as may be necessary for completion ofeach phase ofthe Project.

6. Advise SmithGroupJJR of the identity and scope of services of any independent consultants employed by Client

to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer

review, value engineering, and constructability review.

SCHEDULEPlanning Services will be completed by December 31 ,2014. Completion of Geotechnical Services will be dependent

on when the site can be accessed, but the target date for completion will be December 31 ,2014.

CONSULTANTS

SmithGroupJJR anticipates using the following consultant(s) for this and the costs will be reimbursed by the Owner as

delïned under the Reimbursable Expenses below. List each consultant and their specialty,

1. Continental Mapping Consultants, lnc. - Mapping control, aerial survey and photogrammekic mapping

services.

2. CGC, lnc. - Geotechnical Consultation

PROFESSIONAL SERVICES FEE

The Client shall compensate SmithGroupJJR for the scope of services outlined above a fixed fee lump sum of $61,000,including reimbursable cash charges.

ADDITIONAL SERVICES

Requests for additional services or staff will be documented by SmíthGroupJJR (if given verbally), and the work will

commence upon the City of Oak Creek approval of an estimated fee for that effort or, if not agreed otherwise, the City

of Oak Creek shall reimburse SmithGroupJJR on an hourly basis of SmithGroupJJR's project staff actively engaged for

all man hours worked on the project.

Additional Services may include, but are not limited to, the following:

Providing services to investigate existing conditions of facilities orto make measured drawings thereol or to

veriff the accuracy of drawings or other information, including survey information fumished by the Client.

Revising drawings, specificatíons or other documents when the revisions are inconsistent with written

approvals or inskuctions previously given; required by the enactment or revision of codes, laws or regulations

subsequent to the preparation of such documents; and/or due to other causes not solely within

SmithGroupJJR's control.

Preparing perspectives, renderings, models prepared upon the Client's request and not otherwise provided

herein.

SrvlITllGROlJPJJR Gerald Peterson, City Adminishator

October 29, 2014

Page 5 of 7

INDEMNIFICATION

It is agreed to by the City of Oak Creek in the event documents prepared by SmithGroupJJR are incorporated by the

City of Oak Creek as a part of the conshuction contract, SmithGroupjJR will be provided an opportunity to review theproposed general conditions of the construction conkact. Any terms and conditions that are beyond those normally and

customarily provided by design professionals similarly situated will not be a part of SmithGroupJJR's obligations.Further, such general conditions shall contain an indemnifìcation provision extending from the Contractor to both the

City of Oak Creek and SmithGroupJJR. Also, both the City of Oak Creek and SmithGroupJJR shall be named as an

Additional lnsured on Contractors general liability insurance.

PAYMENTS

lnvoices will be prepared monthly on the basis of percentage of completion.

All payments due to SmithGroupJJR shall be made monthly upon presentation of the statement of services rendered.

All payments due SmithGroupJJR under this agreement shall bear interest at one-and one-half (1%0/o) percentpermonth commencing thirty (30) days after the date of billing.

DELIVERY OF CADD GRAPHIC FILES

Any electronic/data/digital files (Files) from SmithGroupJJR shall be deemed lnstruments of Service, and/or Work

Product, as the case may be, for the Project identified above. the City of Oak Creek covenants and agrees that: 1) the

Files are lnstruments of Service of SmithGroupJJR, the author, and/or Work Product of SmithGroupJJR, as the casemay be; 2) in providing the Files, SmithGroupJJR does not transfer common law, statutory law, or other rights,

including copyrights; 3) the Files are not Contract Documents, in whole or in part; and 4) the Files are not As-Built files.

The City of Oak Creek agrees to report any defects in the Files to SmithGroupJJR, within 45 days of the initial Files

transmittal date (Acceptance Period). lt is understood that SmithGroupJJR will correct such defects, in a timelymanner, and retransmit the Files. The City of Oak Creek further agrees to compensate SmithGroupJ jR, as AdditionalServices, for the cost of correcting defects reported to SmithGroupJJR after the Acceptance Period. The City of Oak

Creek understands that the Files have been prepared to SmithGroupJJR's criteria and may not conform to (Client's

Name) drafting or other documentation standards. The City of Oak Creek understands that, due to the translationpÍocess of certain CADD formats, and the transmission of such Files to the City of Oak Creek that SmithGroupJJRdoes not guarantee the accuracy, completeness or integrity of the data, and that the City of Oak Creek will hold

SmithGroupJJR harmless for any data or file clean-up required to make these Files usable. The City of Oak Creekunderstands that even though SmithGroupJJR may have computer virus scanning software to detect the presence ofcomputer viruses, there is no guarantee that computer viruses are not present in the Files, and that the City of Oak

Creek will hold SmithGroupJJR harmless for such viruses and their consequences, as well as any and all liability or

damage caused by the presence of a computer virus in the Files. The City of Oak Creek agrees, to the fullest extentpermitted by law, to indemnify and hold SmithGroupJjR harmless from any and all damage, liability, or cost (including

protection from loss due to attorney's fees and costs of defense), arising from or in any way connected with and

changes made to the Files by the City of Oak Creek.

Under no circumstances shall transfer of Files to the City of Oak Creek be deemed a sale by SmithGroupJJR.SmithGroupJJR makes no warranties, express or implied, of merchantability or fltness for any particular purpose

LIMITATION OF LIABILITY

NOTWITHSTANDING ANYTHING TO THE CONTRARY AND TO THE FULLEST EXTENT PERMITTED BY LAW,

THE CITY OF OAK CREEK AGREES THAT THE TOTAL LIABILITY OF SMITHGROUPJJR IN CONNECTION WITH

THIS AGREEMENT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, BREACH OR OTHERWISE, SHALL NOT

SMITtlGROlJPJIR Gerald Peterson, City Administrator

October29,2014Page 6 of 7

EXCEED AND SHALL BE LIMITED TO THE TOTAL COMPENSATION RECEIVED BY SMITHGROUPJJR UNDER

THIS AGREEMENT.

S]YlITtlGROUPJJR Gerald Peterson, City Administrator

October 29, 2014

Page 7 of 7

MISCELLANEOUS PROVISIONS

SmithGroupJJR will use reasonable professional efforts and judgment in responding in the design to applicable federal,

state and local laws, rules, codes, ordinances and regulations. The City of Oak Creek acknowledges that certain stateand local laws, rules, codes, ordinances and regulations may reference standards that are outdated and/or contrarywith today's industry requirements. SmithGroupJJR cannot and does not wanant or guarantee that the Project will

comply with all such outdated and/or contrary federal, state and local laws, rules, codes, ordinances and regulations

Notwithstanding anything to the contrary, nothing contained herein shall be construed: i) to constitute a guarantee,

warranty or assurance, either express or implied, that the SmithGroupJJR's Services will yield or accomplish a perfect

outcome for this Project; or ii) to obligate the SmithGroupJJR to exercise professional skill or judgment greater that thestandard of care exercised by other similarly situated design professionals currently practicing in the same locale as

this Project, under the same requirements of this Agreement; or iii) as an assumption by the SmithGroupJJR of liability

of any other party.

SmithGroupJJR will use reasonable professional efforts and judgment to interpret applicable ADA requirements and

other federal, state and local laws, rules, codes, ordinances and regulations as applicable to this Propct. The City ofOak Creek acknowledges that requirements of ADA, as well as other federal, state and local laws, rules, codes,

ordinances and regulations, will be subject to various and possibly conhadictory interpretations. SmithGroupJJRcannot and does not warrant or guarantee that the Pro¡ect will comply with all interpretations of the ADA requirements

and/or the requirements of other federal, state and local laws, rules, codes, ordinances and regulations

This document will serve as an agreement between us, and you may indicate your acceptance by signing in the space

provided below and returning one (1) signed copy for our files.

SmithGroupJJR (Sþnafure) Owner (Sþnafure)

(Printed name and title) (Printed name and title)

Date Date

T LMAPP GmN,[TAl,[S,,".

October 28,2014

Mr. Dave Wolmutt, P.E.

SmithGroup JJR

44 East Mifflin Street, Suite 500Madison, Wl 53703

Re: Aerial lmagery and Mapping for the Oak Creek, Lake Michigan Park Site (revised)

Dear Mr. Wolmutt:

Continental Mapping Consultants, lnc. (CMC) is pleased to provide the SmithGroupJJR (Cl¡ent)thisestimate for professional mapping services for a site that is now -168 acres located along the shore ofLake Michigan just southeast of Oak Creek in Milwaukee County Wisconsin. The requested mapping area

is shown in Appendix A. The cost estimate is based on the latest information we received on TuesdayOctober 28,20L4 regarding the change in project limits. Please review the attached map carefully,because these are the limits for which this estimate was prepared.

Proiect Description and ServicesMapping will support engineering design activities of a park site located on the Lake Michigan shorelineOur services will include:

o Color aerial photography sufficient to support a 1' contour and a 3" resolutiondigital orthophoto. Photography will occur in the fall o12OI4 after leaf-off and

before snowfallo All ground control to support the mapping efforto Development of a digitalterrain model (DTM) to support L' contours (6" vertical

accuracy)c 1"=tOO' scale planimetric mapping to CMC specifications¡ Development of seamless 3" color digital orthophotography delivered in TIFF with

World fileso All mapping data will be provided in AutoCAD V14 format

ScheduleAerial photography will commence at the earliest date possible after execution of the contact dependingon local conditions. The mapping will be completed within -weeks from the latest of the following:contract execution, rece¡pt of acceptable mapping control or date of photography. Photography will be

acquired as early as possible aftercontract execution, and depends on localconditions. Typically,photography is captured within two weeks of contract execution.

Fees

Mapping control, aerial survey andphotogrammetric mapping services

a

Continental Mapping ConsultantsMopping Jrom Eorth, Sky, ond Spoce

www. co ntin enta lm a pp ing. co m

Madison, Wisconsinlndianapolis, lndiana

Kansas C¡ty, Kansas

St. Lou¡s, Missouri

S 13,650.00

N LMAPP Gmfü¡ilt,""

Pavment TermsProject fees shall be billed monthly, and are due within 30 days of receipt (not pay-when-paid). A75%per month service charge will be added to overdue balances. A charge of 78% will be added to unpaid

balances on accounts turned over to others for collection.

This cost proposal is valid for 90 days.

We look forward to working w¡th you on th¡s project.

Sincerely,

Continental Mapping Consulting, lnc.

David Hart, CP

President

The undersigned accepts, approves and agrees to be bound by the terms and conditions of thisproposal.

ACCEPTED AND APPROVED

Total Fees: S 13,650.00 ,

Name (Print and

Title

Cont¡nental Mapping ConsultantsMopping from Eofth, Sky, ond Spoce

www.continentalmapping.com

Madison, Wisconsinlnd¡anapolis, lnd¡âna


5t. Louis, Missouri

MAPP GmNITll[s,,".

Appendix A - Oak Creek Site Mapping Limits

Continental Mapp¡ng ConsultantsMopping from Eorth, Sky, ond Spoce

www.continentalmapping.com

Madison, Wisconsinlnd¡anapolis, lndiana


St. Louis, Missouri



Item No.:

Recommendation: Approve professional service agreement with SmithGroupJJR for LakeVista Schematic Design of Lakefront Connection to Bender Park in an amount not to exceed$17,800 and authorize the City Administrator to sign the agreement.

Background: The Common Council has recently authorized proceeding with project scopesand budgets for various program elements of the Lake Vista Lakefront Redevelopment Plan. ln

order to proceed with more detailed design of the lakefront connection to Bender Park, staff hassought a proposal for professional services from SmithGroupJJR. This firm is very familiar withpast City efforts on these sites and has been a good and valuable partner for the City bringingimportant experience and ideas to assist City efforts.

Attached is a professional services contract in an amount notto exceed $17,800forschematicdesign of the lakefront connection to Bender Park which includes:

. Schematic design drawings and cost estimateo Review meeting with City and County

Fiscal lmpact: 100% of the cost for this work will be charged to the budget for Terrace andAccess to Lake $3.0M approved by the Council.

Fiscal Review by: Prepared and Submitted by:

Bridget CM Gerald R. Peterson, ICMA-CMCity AdministratorFinance Director/Comptroller

11)

S]YlITllGROUPJJR

October 29,2014

Mr. Gerald Peterson

City Administrator

City of Oak Creek, Wl8640 S. Howell AvenueOak Creek, W|53154

RE: Proposal for Professional ServicesLake Vista lmplementation Project - Schematic Design of Lakefront Connection to Bender Park

On behalf of SmithGroupJJR, lnc., ("SmithGroupJJR") I am pleased to submit this proposal for the City of Oak Creek("Client"). The following is our understanding of the services which are to be provided.


We understand that the Oak Creek City Council has approved allocation of $14.6 million to implement a series ofimprovements as part of the Lake Vista Redevelopment Project. These prolects are intended to improve public accessand enhance public spaces in general conformance with the Neighborhood Development Plan and staffrecommendations from a series of meetings in September, 2014. These recommendations included the following:

North Bluff Stabilization - $1.3 millionRoad Extension to provide public access - $7.0 millionCommunity Park & Playground - $2.5 million

Terrace & Access to Lake - $3.0 million


Services described in this proposal are for schematic design of a trail connecting the Lake Vista lakefront to BenderPark which is part of the Tenace and Access to the Lake (Pro¡ect 4) allocation. Budgetary estimates completed for theapproved budget allocation estimated the construction cost of the Bender Park connection to be in the range of $1.0 to

$1.5 million range, but is highly dependent on the outcome of shoreline and subsurface conditions, coordination issues,

and other factors.

The intent of this project is to explore technical and coordination issues associated with development of a waterfronttrail linking the Lake Vista development to Bender Park. The project will identify a feasible technical approach,associated costs, and probable constraints. Results of this evaluation will provide guidance to the Client in determininghow to advance the project or to consider alternative approaches.

SCOPE OF SERVICES

,l.0 Schematic Design

1.1 Schematic Design Drawings

SmithGroupjJR will create Schematic Design (SD) drawings depicting the lakefront trail linking the Lake Vista

Redevelopment shoreline with the existing lakefront trail terminating near the Bender Park boat launch parking lot. Theschematic drawings will show the general layout, scale, and relationship of Prolect components within the context ofthe existing site but will not include extensive details except for where necessary to convey the intent of design ordemonstrate feasibility. SD Drawings will represent approximately 15% complete construction documents and will

show the following:

1

2

3

45

SI\4ITHGROtJPJJR 44 EAST MIFFLIN STREËT, SUITE 5OO, MADISON, WI 53703 T 608,251 ,1 1/7 F 608,251,6147

SMITtlGROlJPJJR Gerald Peterson, City AdminislratorOctober 29, 201 4

Page 2 of 6

. Path routing and profile.

. Path cross section geometry and materials.

. General grading support requirements (e.9., locations, height of walls or pile supports needed).

. Other requirements - rails, shore protection, etc.

Upon completion of the documents, SmithGroupJJR will kansmit the information to the City for review along with a

memorandum including the following information:

o An SDlevèl Opinion of Probable Construction Cost; ando A summary of environmental permit requirements for the identified improvements based on review of existing

information.

1.2 SD Review Meeting

Following kansmittal of the SD documents, SmithGroupJJR will meet with Client staff to review and discuss the

information noting any required modifications to the plans. As part of the same trip but as a separate meeting,

SmithGroupJJR will attend a meeting with Milwaukee County Staff to present and discuss the schematic design. lfnecessary, a follow up meeting with each group will be provided.

1.3 Schematic Design Memo

SmithGroupJJR will prepare a brief schematic design memorandum. The summary will discuss design considerations,provide the Opinion of Probable Construction Costs, identiff probable permit and regulatory requirements, and

summarize additional constraints based on discussions with Milwaukee County staff.


1. Provide SmithGroupJJR with all criteria and full information as to Client's requirements for the Project, including


and any budgetary limitations; and furnish copies of all design and construction standards which Client will require

to be included in the Drawings and Specifications; and furnish copies of Client's standard forms, conditions, and

related documents for ENGINEER to include in the Bidding Documents, when applicable.

2. Furnish any other available information pertinent to the Project including reports and data relative to previous




4. Examine all altemate solutions, studies, reports, sketches, Drawings, Specifications, pioposals, and other



timely decisions pertaining thereto.



others as may be necessary for completion of each phase of the Project.

SMITHGROlJPJJR Gerald Peterson, City Administrator

October 29, 2014

Page 3 of 6

6. Advise SmithGroupJJR of the identity and scope of services of any independent consultants employed by Clientto perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peerreview, value engineering, and constructability review.

7. Furnish to SmithGroupJJR data as to Client's anticipated costs for services to be provided by others for Client so

that SmithGroupJJR may make the necessary calculations to develop and periodically adjust SmithGroupJJR'sOpinion of Probable Construction Costs.

SCHEDULE

Services will be completed by December 31,2014


The Client shall compensate SmithGroupJJR for the scope of services outlined above on a fee equal to the averagehourly rate (Please See Attachment'A') of our pro¡ect staff actively engaged in the program for all man hours worked,including the mandatory and customary benefits such as taxes, insurance, health, holidays, vacations, pensions, and

similar benefìts plus reimbursable expenses. Based on the program as understood to date and the cunent estimatedconstruction budget, we estimate the total fee for professional services for the scope of work described above will notexceed $17,800, including reimbursable cash charges.

REIMBURSABLE EXPENSES

ln addition to the fee indicated above, the following cash costs shall be reimbursable:

1. Travel expenses related to this project. Reimbursement for car mileage is per Attachment A.

2. Printing and/or reproduction of presentation materials, sketches, drawings, specifications, reports andother prolect related documents, either digitally or in hard copy;

3. Long distance telephone and facsimile charges, postage, express charges and other similar items;

4. Models, renderings, photography and other special presentation material for other than theSmithGroupJJR's own use;

5. RegulatoryAgencyreviewfees; and

6. Employment of, with client's prior approval, special consultants other than those listed in thisproposal.

ADDITIONAL SERVICES

Requests for additional services or staff will be documented by SmithGroupJJR (if given verbally), and the work will

commence upon the City of Oak Creek approval of an estimated fee for that effort or, if not agreed othenruise, the Cityof Oak Creek shall reimburse SmithGroupJJR on an hourly basis of SmithGroupJJR's project staff actively engaged forall man hours worked on the project.

SMITllGROlJPJJR Gerald Petemon, City AdminishatorOctober 29, 201 4

Page 4 of 6


Providing services to investigate existing conditions of facilities or to make measured drawings thereot or to

verify the aæuracy of drawings or other information, including survey information fumished by the Client.

Providing services to investigate in the work of independent consultants or construction manager retained by

the Client.

Revising drawings, specifications or other documents when the revisions are inconsistent with written

approvals or instructions previously given; required by the enactment or revision of codes, laws or regulations




herein.

Construction documents and permit applications.

INDEMNIFICATION


City of Oak Creek as a part of the construction contract, SmithGroupJJR will be provided an opportunity to review theproposed general conditions of the conshuction cgntract. Any terms and conditionq that are beyond those normally and

customarily provided by design professionals similarly situated will not be a part of SmithGroupJJR's obligations.

Further, such general conditions shall contain an indemnification:provision extending from the Contractor to both the

City of Oak Creek and SmithGroupJJR. Also, both the Ci$ of Oak Creek and SmithGroupJJR shall be named as an

Additional lnsured on Contraçtors general liability insurance.

PAYMENTS

lnvoices will be prepared monthly on the basis of services rendered.


All payments due SmithGroupJJR under this agreement shall bear interest at one-and one-halÍ (1/"%) percent per

month commencing thirty (30) days after the date of billing.

DELIVERY OF CADDGRAPH¡C FILES

Any eleckonic/data/digital files (Files) from SmithGroupJJR shall be deemed lnstruments of Service, and/or Work

Product, as the case may be, for the Project identified above. the City of Oak Creek covenants and agrees that 1) the

Files are lnstruments of Service of SmithGroupJJR, the author, and/or Work Product of SmithGroupJJR, as the case

may be; 2) in providing the Files, SmithGroupJJR does not transfer common law, statutory law, or other rights,

including copyrights; 3) the Files ar:e not Conkact Documents, in whole or in par! and 4)the Files are not As-Built files.


transmittal date (Acceptance Period). lt is understood that SmithGroupJJR will correct such defects, in a timely

manner, and retransmit the Files. The City of Oak Creek further agrees to compensate SmithGroupJJR, as Additional

Services, for the cost of conecting defects reported to SmithGroupJJR after the Acceptance Period. The City of Oak


Name) drafting or other documentation standards. The City of Oak Creek understands that, due to the translation

SlvlITtlGROlJPJJR Gerald Peterson, City AdministratorOctober 29, 2014

Page 5 of 6

process of certain CADD formats, and the hansmission of such Files to the City of Oak Creek that SmithGroupJJRdoes not guarantee the accuracy, completeness or integrity of the data, and that the City of Oak Creek will hold

SmithGroupJJR harmless for any data or file clean-up required to make these Files usable. The City of Oak Creekunderstands that even though SmithGroupJJR may have computer virus scanning software to detect the presence ofcomputer viruses, there is no guarantee that computer viruses are not present in the Files, and that the City of OakCreek will hold SmithGroupJJR harmless for such viruses and their consequences, as well as any and all liability ordamage caused by the presence of a computer virus in the Files. The City of Oak Creek agrees, to the fullest extentpermitted by law, to indemnifo and hold SmithGroupJJR harmless from any and all damage, liability, or cost (includingprotection from loss due to attorney's fees and costs of defense), arising from or in any way connected with and


Under no circumstances shall transfer of Files to the City of Oak Creek be deemed a sale by SmithGroupJJR.SmithGroupJJR makes no warranties, express or implied, of merchantability or fìtness for any particular purpose.



THE CITY OF OAK CREEK AGREES THAT THE TOTAL LIABILITY 0F SmithGroupJJR lN CONNECTION WITHTHIS AGREEMENT, WHETHER IN CONTRACT, TORT, NEGLIGENCE, BREACH OR OTHERWISE, SHALL NOTEXCEED AND SHALL BE LIMITED TO THE TOTAL COMPENSATION RECEIVED BY SmithGroupJJR UNDER THIS

AGREEMENT.


SmithGroupJJR will use reasonable professional efforts and judgment in responding in the design to applicable federal,

state and local laws, rules, codes, ordinances and regulations. The City of Oak Creek acknowledges that certain stateand local laws, rules, codes, ordinances and regulations may reference standards that are outdated and/or conharywith today's industry requirements. SmithGroupJJR cannot and does not wanant or guarantee that the Project willcomply with all such outdated and/or contrary federal, state and local laws, rules, codes, ordinances and regulations

Notwithstanding anything to the contrary, nothing contained herein shall be construed: i)to constitute a guarantee,

wananty or assurance, either express or implied, that the SmithGroupJJR's Services will yield or accomplish a perfect

outcome for this Project; or ii) to obligate the SmithGroupJJR to exercise professional skill or judgment greater that thestandard of care exercised by other similarly situated design professionals cunently practicing in the same locale as

this Project, under the same requirements of this Agreement; or iii) as an assumption by the SmithGroupJJR of liabilityof any other party.

S]YlITtlGROlJPIJR Gerald Petenson, City Administrator

October 29, 20'14

Page 6 of 6


other federal, state and local laws, rules, codes, ordinances and regulations as applicable to this Project. The City ofOak Creek acknowledges that requirements of ADA, as well as other federal, state and local laws, rules, codes,

ordinances and regulations, will be subject to various and possibly contradictory interpretations. SmithGroupJJR

cannot and does not wanant or guarantee that the Project will comply with all interpretations of the ADA requirements

and/or the requirements of other federal, state and local laws, rules, codes, ordinances and regulations ..

This document will serve as an agreement between us, and you may indicate your acceptance by signing in lhe spaceprovided below and returning one (l) signed copy for our files.

SmithGroupJJR (Signaturel Owner (Sþnafure)

(Prínted nane a@ titlel (Printed name and titlel

Date

Attachment'Al

Date

City of Oak CreekComffìonr Councãl Report


Item No.: l{.Recommendation: Approve professional service agreement with SmithGroupJJR for LakeVista Community Park and Playground Construction documents in an amount not to exceed$100,500 and authorize the City Administrator to sign the agreement.

Background: The Common Council has recently authorized proceeding with project scopesand budgets for various program elements of the Lake Vista Lakefront Redevelopment Plan. lnorder to proceed with construction, design and bidding documents for the Community Park andPlayground construction project, staff has sought a proposal for professional services fromSmithGroupJJR. This firm is very familiar with past City efforts on these sites and has been agood and valuable partner for the City bringing important experience and ideas to assist Cityefforts.

Attached is a professional services contract in an amount notto exceed $100,500 for preparingconstruction and bidding documents for the Community Park and Playground constructionproject:

. Project coordination and necessary meetings

. Schematic design drawings and cost estimate (15% level)

. Design development (50% level)

. 90o/o and 10o/o construction drawings

. Development of bid package and bid evaluation

Fiscal lmpact: 100% of the cost for this work will be charged to the budget for Community Parkand Playgound Construction, $2.5M, approved by the Council.

Fiscal Review by Prepared and Submitted by

BridgetFinance

uffrant,r/Com er


SMITllGROlJPJJR

October 30,2014

Mr. Gerald Peterson

City Administrator

City of Oak Creek, Wl

8640 S. Howell AvenueOak Creek, Wl 53154

RE: Proposal for Professional ServicesLake Vista lmplementation Project - Community Park and Playground Construction Documents

0n behalf of SmithGroupJJR, lnc., ("SmithGroupJJR") I am pleased to submit this proposal for the City of Oak Creek("Client"). The following is our understanding of the services which are to be provided.


We understand that the Oak Creek City Council has approved allocation of $14.6 million to implement a series ofimprovements as part of the Lake Vista Redevelopment Project. These projects are intended to improve public accessand enhance public spaces in general conformance with the Neighborhood Development Plan and staffrecommendations from a series of meetings in September, 2014. These recommendations included the following:

North Bluff Stabilization - $1.3 millionRoad Extension to provide public access - $7.0 millionCommunity Park & Playground - $2.5 million

Terrace & Access to Lake - $3.0 million


Services described in this proposal are for planning, design, and engineering associated with the Community Park and

Playground (Project 3). A specific program and layout of design components has not been developed in detail.

However, city staff has identifìed a menu of desired components to be incorporated. This menu and the associatedbudget allocation for Project 3 forms the basis of this Scope of Services. Following the completion of thePlanning/Programming phase (under a separate contract), SmithGroupJJR will advise the Client whether adjustmentsto the Scope of Services are required based on the specific program developed.

It is assumed that the conshuction cost of the Community Park and Playground will be $2,175,000 (approximately 85%of the allocated total) and will include the following design components:

Utility extensions to the Northwest Corner of the Park

Reskoom FacilitiesField Preparation and SeedingCovered PavilionsA Playground AreaSupport Facilities (e.9., maintenance sheds)A Parking Lot (or lots).

lf necessary, SmithGroupJJR will work with the Client to procure and coordinate architectural design services should

they be required.

I2

3

45

L

2.

3.

4.

5,

6.

7.

SMITHGROUPJJR 44 EAST MIFFLIN STREET, SUITE 5OO, MADISON, WI 53703 1608.251.1177 F 608.251.6147

SIYIITllGROUPJJR

Upon completion and transmiftal of the draft DD documents to the client, SmithGroùpJJR will meet with Client staff to

review and discuss the information noting any required modifications to the draft documents.

Gerald Peteson, City Administrator

October 30, 2014

Page 2 of 7

SCOPE OF SERVICES

1.0 Design Development (DD)

Based on the concept drawings resulting from the Communig Park and Playground planning process and adjustments

authorized by the Client to the program, schedule or construction budget, SmithGroupJJR will prepare Design

Development (DD) Documents. DD drawings willdepict approximately 50% complete conshuction drawings and will

include the following:

. Site layout and materials plans with major elements and materials identified.r Preliminary site grading with drainage features and structures identified.. Walks, parking,'paths, and related features with plan geomehy established.. Ut¡lity routing with sizes and elevations identified.. Preliminary planting and landscaping plan.

. Preliminary details of concrete pads, related features.

As part of this task, SmithGroupJJR will prepare suppleméntal information including:

Outline construbtion specifications describing materials ând construction requirements. Construction

specifications will reference City of Oak Creek standard specifications wfiere applicable.

a DD level Opinion of Probable Construction Cost.

2.0 Gonstruc'tion Documents

SmithGroupJJR will prepare Construction Drawtngs and Specifications setting fqrth in'detail the requirements for the

construction of the Project based'on the apþroved Design Developmeht Documents and the construction budget

authorized by the Client. Conshuction documents will include the following:

Drawings depicting final design of proposed im ry agencies.

Drawings will depict final feature geometry and s;

construction details, an erosion and sediménl co Wisconsin

Department of Natural Resources requirements, and restoration/landscaping plans.

. Construction specifications identifying general construction and payment requirements as well as technicalproduct and execution requirements.

. Front end documents outlining bidding and contractual requiremenis for prospective bidders. This will

include assisting the Client in compiling the Bid Forms, Form of Agreement, General Conditions, Special

Conditions and Specifications ínto the Project Manual, which iogether with the Construction Drawings will be

used for bidding and awarding a construction contract.

. The final opinion of probable construction cost, advising the Client of any adjustments to previôus

estimates/budgets due to changes in project requirements or general market conditions.

SlvlITHGROUPJJR Gerald Peterson, City AdministratorOctober 30, 2014

Page 3 of 7

SmithGroupJJR will provide up to two hard copy sets of conshuction documents at the 90% and 100% completionlevels as well as electronic files in Adobe PDF and AutoCAD format. Bid drawings (100% completion level) will

incorporate final Client comments from review of the 90% set.

SmithGroupJJR will prepare and submit an Erosion and Sediment Conkol/Stormwater Management Plan to

demonstrate conformance to applicable Wisconsin Department of Natural Resources (WRAPP), City of Oak Creek,

and MMSD requirements. A Water Resources Application for Project Permits (WRAPP) and attachments will beprepared and submitted to DNR. lf required, additional permit applications will be prepared as an additional service.

Services include preparation of one single bid package. Separation of drawings into multiple bid packages will be

completed as an additional service.

3.0 Bid Phase Services

SmithGroupJJR will assist the Client in completion of Bid Phase activities, including the following

Attend the Client's prebid conference to receive technical questions from the bidde/s and respond as

appropriate.

Receive and respond to contractor or supplier pre-bid questions.

lssue addenda to the bid documents as necessary to clarify document intent.

4.0 Coordination and Meetings

ln addition to meetings listed above, services include the following

One City Council meeting to present the recommended Community Park plan

Up to 4 additional meetings via Webex or teleconference.

a Consultation with the Client's Environmental Consultant as needed to understand cap and site closureconstraints as they relate to design of park facilities.


1. Provide SmithGroupJJR with all criteria and full information as to Client's requirements for the Project, includingdesign objectives and conshaints, space, capacity and performance requirements, flexibility, and expandability,and any budgetary limitations; and furnish copies of all design and construction standards which Client will requireto be included in the Drawings and Specifications; and furnish copies of Client's standard forms, conditions, and

related documents for ENGINEER to include in the Bidding Documents, when applicable.2. Furnish any other available information pertinent to the Project including reports and data relative to previous



as required for SmithGroupJJR to perform services under the Agreement.4. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other


other advisors or consultants as Client deems appropriate with respect to such examination) and render in writingtimely decisions pertaining thereto.

a

a

a

StvlITtlûROUPJIR Gerald Peterson, City Administrator

October 30, 201 4

Page 4 of 7



others as may be necessary for completion of each phase of the Project.

6. Advise SmithGroupJJR of the identity and scope of services of any independent consultants employed by Client

to perform or fumish services in regard to the Project, including, but not limited to, cost estimating, project peer


7. Furnish to SmithGroupJJR data as to Client's anticipated costs for services to be provided by others for Client so

that SmithGroupJJR may make the necessary calculations to develop and periodically adjust SmithGroupJJR's

0pinion of Probable Construction Costs.

SCHEDULE

Services described will be completed by July 31,2015.


The Client shall compensate SmithGroupJJR for the scope of services outlined above a fee equal to the average

hourly rate (Please See Attachment 'A') of our project staff actively engaged in the program for all man hours worked,

including the mandatory and customary benefits such as taxes, insurance, health, holidays, vacations, pensions, and

similar benefits plus reimburqble expenses. Based on the program as understood to date and the current estimated

construction budget, the total fee for professional services for the scope of work described above will not $100,500,

including reimbursable cash charges unless authorized by the Client.

REIMBURSABLE CASH CHARGES

As part of the fee indicated above, the following cash costs shall be reimbursable:


2. Printing and/or reproduction of presentation materials, sketches, drawings, specifications, reports and other

project related documents, either digitally ot:in hard copy;


4. Models, renderings, photography and other special presentation material for other than the SmithGroupJJR's own

use;


6. Employment of, with client's prior approval, special consultants other than those listed in this proposal.

ADD¡TIONAL SERVICES

Requests for additionàl services or staff will be documented by SmithGroupJJR (if given verbally), and the work will

commence upon the City of Oak Creek approval of an estimated fee for that effort or, if not agreed otherwise, the City

of Oak Creek shall reimburse SmithGroupJJR on an hourly basis of SmithGroupJJR's project staff actively engaged for

all man hours worked on the project.


Preparation of multiple bid packages.

Providing services to investigate existing conditions of facilities or to make measured drawings thereof, or to

verify the accuracy of drawings or other information, including survey information furnished by the Client.

S]YlITllGROlJPJJR Gerald Petenson, City Administrator

October 30, 2014

Page 5 of 7


the Client.


approvals or instructions previously given; required by the enactment or revision of codes, laws or regulations




herein.

Bid Phase Service including

o Publish advertisement for bids in local construction journals.

. lssue bid documents to local plan reviewing rooms.

. Attend the Client's bid opening, review bid tabulation and supporting documents with the Client and offerrecommendation of action.

. Attend a briefìng with the low bidder and the Client to clari! any uncertain issues.

. Assist in awarding and preparing contracts for construction.

INDEMNIFICATION


City of Oak Creek as a part of the construction contract, SmithGroupJJR will be provided an opportunity to review theproposed general conditions of the construction contract. Any terms and conditions that are beyond those normally and

customarily provided by design professionals similarly situated will not be a part of SmithGroupJJR's obligations.

Further, such general conditions shall contain an indemnifìcation provision extending from the Contractor to both the

City of Oak Creek and SmithGroupJJR. Also, both the City of Oak Creek and SmithGroupJJR shall be named as an


PAYMENTS

lnvoices will be prepared monthly on the basis of services rendered choose one of the preceding.


All payments due SmithGroupJJR under this agreement shall bear interest at one-and one-half (1%%) percent per



Any electronic/data/digital files (Files) from SmithGroupJJR shall be deemed lnstruments of Service, and/or Work

Product, as the case may be, for the Project identified above. the City of Oak Creek covenants and agrees that: 1) the

Files are lnstruments of Service of SmithGroupJJR, the author, and/or Work Product of SmithGroupJJR, as the case

may be; 2) in providing the Files, SmithGroupJJR does not hansfer common law, statutory law, or other rights,

including copyrights; 3) the Files are not Contract Documents, in whole or in part; and 4) the Files are not As-Built files.


transmittal date (Acceptance Period). lt is understood that SmithGroupJJR will conect such defects, in a timely

manner, and retransmit the Files. The City of Oak Creek further agrees to compensate SmithGroupJJR, as Additional

Services, for the cost of conecting defects reported to SmithGroupJJR after the Acceptance Period. The City of Oak

SMITllGROlJPJIR Gerald Peterson, City Administrator

October 30, 20'14

Page 6 of 7


Name) drafting or other documentation standards. The City of Oak Creek understands that, due to the hanslation

process of certain CADD formats, and the transmission of such Files to the City of Oak Creek that SmithGroupJJR

does not guarantee the accuracy, completeness or integrity of the data, and that the City of Oak Creek will hold

SmithGroupJJR harmless for any data or file clean.up required to make these Files usable. The City of Oak Creek

understands that even though SmithGroupJJR may have computer virus scanning software to detect the presence of

computer viruses, there is no guarantee that computer viruses are not present in the Files, and that the City of Oak

Creek will hold SmithGroupJJR harmless for such viruses and their consequences, as well as any and all liabiliÇ or

damage caused by the presence of a computer virus in the Files. The City of Oak Creek agrees, to the fullest extent

permitted by law, to indemnify and hold SmithGroupJJR harmless from any and all damage, liability, or cost (including



Under no circumstances shall kansfer of Files to the City of Oak Creek be deemed a sale by SmithGroupJJR.

SmithGroupJJR makes no warranties, express or implied, of merchantability or fitness for any particular purpose.


NOTWITHSTANDING ANYTHING TO THE CONTRARYAND TO THE FULLEST EXTENT PERMITTED BY LAW,

THE CtTy OF OAK CREEK AGREES THAT THE TOTAL L|ABILITY OF SmithGroupJJR lN CONNECTION WITH


EXCEED AND SHALL BE LIMITED TO THE TOTAL COMPENSATION RECEIVED BY SmithGroupJJR UNDER THIS

AGREEMENT.


SmithGroupJJR will use reasonable professional efforts a¡d judgment in responding in the design to applicable federal,

state and local laws, rrJles, codes, ordinances and regulations. The City of Oak Creek acknowledges that certain state

and local laws, rules, codes, ordinances and regulations may reference standards that are outdated and/or contrary

with today's industry requirements. SmithGroupJJR cannot and does not warrant or guarantee that the Project will


Notwithstanding anything to the cont¡ary, nothing contained herein shal! be construed: i) to constitute a guarantee,

warranty or assurance; either express or implied, that the SmithGroupJJR's Services will yield or accomplish a perfect

outcome fol this Proj judgment greatqr that the

standaid of care exe g in the same locale as

this Project, under th SmithGroupJJR of liability

of any other party.

StvlITllGROtlPJJR Gerald Peterson, City Administrator

October 30, 2014

Page 7 of 7



ordinances and regulations, will be subject to various and possibly conhadictory interpretations. SmithGroupJJRcannot and does not warrant or guarantee that the Project will comply with all interpretations of the ADA requirementsand/or the requirements of other federal, state and local laws, rules, codes, ordinances and regulations

This document will serve as an agreement between us, and you may indicate your acceptance by signing in the spaceprovided below and returning one (1) signed copy for our files.

SmithGroupJJ R (Signature) Owner (Sþnature)


Date

Attachment'A'

Date

S]YlITtlGROtlPIJR

Standard Fee and Reimbursement ScheduleMadison, WisconsinApril1,2014

PROFESSIONAL AND TECHNICAL STAFF

Principal/ Level 5

Principal/ Level 4Principal/ Level 3Principal/ Level2Principal/ Level IProfessional Staff/ Level I 0Professional Staff/ Level 9Professional Staff/ Level 8Professional Staff/ LeVel 7Professional Staff/ Level 6Professional Staff/ Level 5Professional Staff/ Level 4Professional Staff/ Level 3Professional Staff/ Level 2Professional Staff/ Level ITechnical Staff/ Level 2Technical Staff/ Level 1

MileageTraveland SubsistenceFedEx, Postage, etc.Copies (8-112" x 11")Color Copies (8-'l12" x 11")Color Copies (11" x 17")PlottingReproduction and PrintingMaterialsEquipment RentalSubcontract Services

$215.00/hour$210.00/hour$195.00/hour$170.00/hour$160.O0/hour$160.00/hour$140.00/hour$125.00/hour$120.00/hour$1 10.0O/hour$100.00/hour

$95.00/hour$90.0O/hour$85.00/hour$80.00/hour$85.00/hour$70.00/hour

$.560/mileCostCost

$0.1 O/copyCost + 10%cost + 10%Cost + 10%cost + 10%Cost + 10%

Costcost + 10%

EoJ

ãI3o-.lça

These billing rates are subject to semi-annual review and revrsron.

A surcharge of fifty percent (50%) will be added to hourly rates for expert witness testimonyand/or for participation at hearings, depositions, etc.


INVOICES

Progress invoices shall be issued monthly and payment is due upon rece.ipt. Balancesremaining unpaid after thirty (30) days are subject to a monthly finance charge ol 1Yo (12o/o

annually) until paid.

SM|THGROUPiJR 44 EAST MtFFLtN STREEI SU|TE s00, MADISON, WISCONSIN s3703 T 608.2s't.1177 F 608.2s't.6147



ttem tlo.: l5Recommendation: Approve professional service agreement with SmithGroupJJR for LakeVista Terrace and Access to Lake Construction documents in an amount not to exceed$120,000 and authorize the City Administrator to sign the agreement.

Background: The Common Council has recently authorized proceeding with project scopesand budgets for various program elements of the Lake Vista Lakefront Redevelopment Plan. lnorder to proceed with construction, design and bidding documents for the Terrace and access tothe Lake project, staff has sought a proposal for professional services from SmithGroupJJR.This firm is very familiar with past City efforts on these sites and has been a good and valuablepartner for the City bringing important experience and ideas to assist City efforts.

Attached is a professional services contract in an amount not to exceed $120,000 for preparingconstruction and bidding documents for the Terrace and Access to the Lake which includes:

. Project coordination and necessary meetings

. Schematic design drawings and cost estimate (15% level)o Design development (50% level). 90% and 10% construction drawings. Development of bid package and bid evaluation

Fiscal lmpact: 100% of the cost for this work will be charged to the budget for Terrace andAccess to Lake $3.0M approved by the Council.

Fiscal Review by Prepared and Submitted by:

ridgFinance irector/Co ler


StvlITtlGROlJPJJR

October 30,2014

Mr. Gerald Peterson

City Administrator

City of Oak Creek, Wl

8640 S. Howell AvenueOak Creek, Wl 53154

RE Proposal for Professional ServicesLake Vista lmplementation Project - Terrace and Access to Lake Conshuction Documents

On behalf of SmithGroupJJR, lnc., I am pleased to submit this proposal for the City of Oak Creek ("Client"). Thefollowing is our understanding of the services which are to be provided.


We understand that the Oak Creek City Council has approved allocation of $14.6 million to implement a series ofimprovements as part of the Lake Vista Redevelopment Project. These projects are intended to improve public accessand enhance public spaces in general conformance with the Neighborhood Development Plan and staffrecommendations from a series of meetings in September, 2014. These recommendations included the following:

North Bluff Stabilization - $1.3 millionRoad Extension to provide public access - $7.0 million

Community Park & Playground - $2.5 millionTerrace & Access to Lake - $3.0 million


Services described in this proposal are for design and engineering associated with the Terrace and Access to the Lake(Project 4). While a specific program and layout of design components has not been developed in detail, city staff hasidentified a menu of desired components to be incorporated. This menu and associated budget allocation (excludingthe Bender Park Trail as described below) for Project 4 form the basis of this Scope of Services. Following thecompletion of the Planning/Programming phase (under a separate contract), SmithGroupJJR will advise the Clientwhether adjustments to the Scope of Services are required based on the specific program developed.

Terrace and Access to Lake

It is assumed that the total construction cost of the Tenace and Access to the Lake will be $2,550,000 (approximately85% of the allocated total) and will include the following design components:

Bluff top vista/viewing area,Access from Lake Vista Drive to the edge of water,Landscaping and amenities, and

A path linking the waterfront to Bender Park hails,

Excluding the Bender Park Trail (which is included in a separate contract), budgetary estimates completed for theapproved budget allocation estimated the conshuction cost of the remaining anticipated projects to be in the $1.0million to $1.5 million range, but is highly dependent on the outcome of shoreline and subsuface conditions,coordination issues, and other factors.

1.

2.

3.

4.

5.

I2

3

4

SMITHGROUPJJR 44 EAST MIFFLIN STREET, SUITE s00, f\4ADlSôN, Wl s3703 T 608.2s1.1177 F 608.2s1.6147

SMITllGROUPJJR Gerald Peterson, City Adminishator

October 30, 2014

Page2olT

SCOPE OF SERVICES

1.0 Schematic Design

Following concurrence of the Client on the preferred concept, SmithGroupJJR will create Schematic Design (SD)

drawíngs depicting proposed site improvements. The schematic drawings will show the general layout, scale, and

relationship of Project components within the context of the existing site but will not include extensive details except for

where necessary to convey the intent of design or demonstrate feasibility. SD Drawings will represent approximately

15% complete construction documents.

Upon completion of the documents, SmithGroupJJR will transmit the information to the City fof review along with a

lefter including the following information:

. An SDlevel Opinion of Probable Construction Cost..

. A summary of regulatory agency review and permit requirements for the identified'improvements.

. A discussion ofthe recommended approach to bidding and construction contracttype.

Following transmittal of the draft SD documents, SmithGroupJJR will meet with Client staff to review and discuss the

information noting any required modifications to the plans.

2,0 Design Development

Based on feedback from review of the SD plans, SmithGroupJJR will prepare Design Development (DD) Documents.

DD drawings will depict approximately 50% complete construction drawings and will include the following:

. Site layout and materials plans with major elements and materials identified.

. Preliminary site grading with drainage'features and structures identified.

. Walks, parking, paths; and related features with plan geometry estdblished.

. Preliminary planting and landscaping plan.

. Preliminary details of walls, footings, overlooks, and related features.

As part of this task, SmithGroupJJR will prepare supplemental information as part of the DD package including:

Outline construction specifications describing materials and construction requirements. Construction

specifications will reference City of Oak Creek standard specifications where applicable.

DD-level Opinion of Probable Conshuction Cost.

Upon completion and transmiftal of the DD documents, SmithGroupJJR will meet wiúr Client staff to review and

discuss the information noting any required modifications.

a

StYlITllGROUPJJR Gerald Peterson, City AdministratorOctober 30, 2014

Page 3 of 7

3.0 Construction Documents

SmithGroupJJR will prepare Construction Drawings and Specifications setting forth in detail the requirements for theconshuction ofthe Project based on the approved Design Development Documents and the construction budgetauthorized by the Client. Construction documents will include the following:

Conshuction drawings depicting final design of proposed improvements approved by the Client and

regulatory agencies. Drawings will depict fìnal feature geometry and materials, fìnal site grading and

drainage, utilities, construction details, an erosion and sediment control plan conforming to City of Oak Creekand Wisconsin Department of Natural Resources requirements, and restoration/landscaping plans.

Conshuction specifìcations identifying general construction and payment requirements as well as technicalproduct and execution requirements.

Front end documents outlining bidding and contractual requirements for prospective bidders. This willinclude assisting the Client in compiling the Bid Forms, Form of Agreement, GeneralConditions, Special

Conditions and Specifìcations into the Project Manual, which together with the Conshuction Drawings will be

used for bidding and awarding a construction contract.

The fìnal Opinion of Probable Construction Cost, advising the Client of any adjustments to previous

estimates/budgets due to changes in project requirements or general market conditions.

SmithGroupJJR will provide up to two hard copy sets of conshuction documents at the 90% and 100% completionlevels as well as electronic files in Adobe PDF and AutoCAD format. Bid drawings (100% completion level) will

incorporate final Client comments from review of the 90% set.

SmithGroupJJR will prepare and submit an Erosion and Sediment Control/Stormwater Management Plan todemonstrate conformance to applicable Wisconsin Department of Natural Resources (WRAPP), City of Oak Creek,

and MMSD requirements. A Water Resources Application for Project Permits (WRAPP) and attachments will be

prepared and submitted to DNR. lf required, additional permit applications will be prepared as an additional service.

Services include preparation of one single bid package. Separation of drawings into multiple bid packages will be

completed as an additional service.

4,0 Bid Phase Services

SmithGroupJJR will assist the Client in completion of Bid Phase activities, including the following:

. Attend the Client's prebid conference to receive technical questions from the bidder's and respond as

appropriate.. Receive and respond to contractor or supplier pre-bid questions.. lssue addenda to the bid documents as necessary to clariff document intent.

5.0 Coordination and Meetings

ln addition to meetings listed above, services include the following

a One City Council meeting to present the recommended Community Park plan

a

a

a Up to 4 additional meetings via Webex or teleconference

SMITtlGROlJPJJR Gerald Peterson, City Administrator

October 30, 2014

Page 4 of 7

Consultation with the Client's Environmental Consultant as needed to understand cap and site closure

constraints as they relate to design of park facilities.


1. Provide SmithGroupJJR with all criteria and full information as to Clients requirements for the Project, including


and any budgetary limitations; and furnish copies of all design and construction standards wtrich Client will require

to be included in the Drawings and Specifications; and fur¡ish copies of Client's standard forms, conditions, and

related documents for ENGINEER to include in the Bidding Documerts,'when applicable,

2. Furnish any other available information pertinent to the Project including rqports and data relative to previous


3. Arrange for safe access to and make all provìsions for SmithGroupJJR to enter upon public and private property


4. . Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other

documents presented by SmithGroupJJR (including obtaining advice of,an attorney, insurance counselor, and


timely decisions pertaining !hereto.5. Provide reviews, approvals, and permits from allgovernmental authorities having jurisdiction to approve all

phases of the Project designed oq specifìed by SmithGroupJJR and such reviews, approvals, and consents from

others as may be necesçary for completion.of each phase of the Project. .6. Advise SmithGroupJJR of the identity and scope of services of any independent consultants employed by Client

to perform or fumish services in regard to the Project, including, but not limited to, cost estimating, project peer


7. Furnish to SmithGroupJJR data as to Client's anticipated costs for sqryices to be proyided by othersfor Client so

that SmithGroupJJR may make the necessarycalculations to deveþp and periodically adjust SmithGroupJJR's

Opinion of Probable Construction Costs,

SCHEDULE

Services described will be completed by August 31, 2015, subject to modifications in the Client's program.


The Client shall compensate SmithGroupJJR for the scope of services outlined above p fee equal to the average

hourly rate (Please See Attachment 'A') of our project staff actively engaged in.the program for all man hours worked,

including the mandatory and customary benefits such as taxes, insurance, health, holidays, vacations, pensions, and

similar benefits plus reimbursable expenses. Based on the program as understood to date and the cunent estimated

construction budget, the total fee for professional services for the scope.of work described âbovp will not exceed

$120,000, including reimbursable cash charges without prior authorization of the Client.

REIMBURSABLE CASH CHARGES

As part of the fee indicated above, the following cash costs shall be reimbursable:


2. Printing and/or reproduction of presentation materials, sketches, drawings, specifications, reports and otherproject related documents, either digitally or in hard copy;


S]YlITllGROlJPJJR Gerald Peterson, City Administrator

October 30, 2014

Page 5 of 7

4. Models, renderings, photography and other special presentation material for other than the SmithGroupJJR's own

USE;


6. Employment of, with client's prior approval, special consultants other than those listed in this proposal.

ADDITIONAL SERVICES

Requests for additional services or staff will be documented by SmithGroupJJR (if given verbally), and the work will

commence upon the City of Oak Creek approval of an estimated fee for that effort or, if not agreed otherwise, the Cityof Oak Creek shall reimburse SmithGroupJJR on an hourly basis of SmithGroupJJR's project staff actively engaged forall man hours worked on the project.


Providing services to investigate existing conditions of facilities or to make measured drawings thereof, or to

verifo the accuracy of drawings or other information, including survey information furnished by the Client.


the Client.


approvals or instructions previously given; required by the enactment or revision of codes, laws or regulationssubsequent to the preparation of such documents; and/or due to other causes not solely withinSmithGroupJJR's control.


herein.

Bid Phase Service including:

. Publish advertisement for bids in local conshuction journals.

¡ lssue bid documents to local plan reviewing rooms.

. Attend the Client's bid opening, review bid tabulation and supporting documents with the Client and

offer recommendation of action.

. Attend a briefing with the low bidder and the Client to clarify any uncertain issues.

. Assist in awarding and preparing contracts for construction.

INDEMNIFICATION


City of Oak Creek as a part of the construction contract, SmithGroupJJR will be provided an opportunity to review theproposed general conditions of the conshuction contract. Any terms and conditions that are beyond those normally and

customarily provided by design professionals similarly situated will not be a part of SmithGroupJJR's obligations.Further, such general conditions shall contain an indemnification provision extending from the Contractor to both theCity of Oak Creek and SmithGroupJJR. Also, both the City of Oak Creek and SmithGroupJJR shall be named as an


SMITtlGROUPJJR Gerald Peterson, City Administrator

October 30, 2014

Page 6 of 7

PAYMENTS

lnvoices will be prepared monthly on the basis of services rendered.


All payments due SmithGroupJJR under this agreement shall bear interest at one-and one-half (1%0/o) percent per



Any elechonic/data/digital files (Files) from SmithGroupJJR shall be deemed l¡struments of Service, and/or Work

Product, as the case may be, for the Project identified above. the Cig of Oak Creek covenants and agrees that 1) the

Files are lnstruments of Service of SmithGfoupJJR, the author, and/or Work Produçt of SmithGroupJJR, as the case

may be; 2) in providing the Files, SmithGroupJJR does not transfer common law, statutory law, or other rights,

including copyrights; 3) the Files are not Contract Documents, in rruhole or in part; and 4) the Files,are not As-Built files.


transmittal date (Acceptance Period). lt is understood that SmithGroupJJR will correct such defects, in a timely

manner, and retransmit the Files. The City of Oak Greek further.agrees to compensate SmithGroupJJR, as Additional

Services, for the cost of conecting defects reported to SmithGroupJJR after the Acceptance Feriod, The City of Oak


Name) drafting or other documentation standards. The Gity of Oak Creek understands !hat, due to the translationprocess of certain CADD formats; and the transmission of such Files to the City of Oak Creek that SmithGroupJJR

does not guarantee the accuracy, completeness or integrity of the data, and that the City of Oak Creek will hold

SmithGroupJJR harmless for any data or file clean-up required to make these Files,usable. The City of Oak Creek

understands that even though SmithGroupJJR may have computer virus scanning software to detect the presence ofcomputer viruses, there is no guarantee that computer viruses are ngt present in the Files, and that the City of Oak

Creek will hold SmithGroupJJR harmless for such viruses and their consequences, as well as any and all liability or

damage caused by the presence of a computer virus in the Files. The City of Oak Creek agrees, to the fullest extentpermitted by law, to indemnify and hold SmithGroupJJR harmless from any and all damage, liability, or cost (including



SmithGroupJJR will use reasonable professionalefforts and judgment in responding in the design to applicable federal,

state and local laws, rules, codes, ordinances and regulations. The City of Oak Creek acknowledges that certain state

and local laws, rules, codes, ordinances and regulations may reference standards that are outdated and/or contrary

with today's industry requirements. SmithGroupJJR cannot and does not warrant or guarantee that the Project will


Under no circumstances shall transfer of Files to the City of Oak Creek be -deemed a sale by SmithGroupJJR.

SmithGroupJJR makes no warranties, express or implied, of merchantability or fitness for any particular purpose.



THE CITY OF OAK CREEKAGREES THAT THE TOTAL LIABILITY OF SmithGroupJJR lN CONNECTION WITH


EXCEED AND SHALL BE LIMITED TO THE TOTAL COMPENSATION RECEIVED BY SmithGroupJJR UNDER THIS

AGREEMENT.

MtscELt-ANEOUS PROVTSTONS

StYlITllGROlJPJJR Gerald Peterson, City AdministratorOctober 30, 2014

PageT of7

Notwithstanding anything to the contrary, nothing contained herein shall be construed: i) to constitute a guarantee,

warranty or assurance, either express or implied, that the SmithGroupJJR's Services will yield or accomplish a perfect

outcome for this Project; or ii) to obligate the SmithGroupJJR to exercise professional skill or judgment greater that thestandard of care exercised by other similarly situated design professionals currently practicing in the same locale as

this Project, under the same requirements of this Agreement; or iii) as an assumption by the SmithGroupJJR of liabililyof any other party.



ordinances and regulations, will be subject to various and possibly contradictory interpretations. SmithGroupJJRcannot and does not warrant or guarantee that the Project will comply with all interpretations of the ADA requirementsand/or the requirements of other federal, state and local laws, rules, codes, ordinances and regulations

This document will serve as an agreement between us, and you may indicate your acceptance by signing in the spaceprovided below and returning one (1) signed copy for our fìles.

SmithGroupJJR (Sþnafure) Owner (Sþnafure)


Date

Attachment'A'

Date

SMITllGROl,PJJR

Standard Fee and Reimbursement ScheduleMadison, WisconsinApril1,2O14

PROFESSIONAL AND TECHNICAL STAFF

Principal/ Level 5

Principal/ Level 4Principal/ Level 3Principal/ Level2Principal/ Level 1

Professional Staff/ Level 10Professional Staff/ Level 9Professional Staff/ Level IProfessional Staff/ Level 7Professional Staff/ Level 6Professional Staff/ Level 5Professional Staff/ Level 4Professional Staff/ Level 3Professional Staff/ Level 2Professional Staff/ Level 1

Technical Staff/ Level 2Technical Staff/ Level 1

MileageTraveland SubsistenceFedEx, Postage, etc.Copies (8-'l12" x 11")Color Copies (8-112" x 11")Color Copies (11" x 17")PlottingReproduction and PrintingMaterialsEquipment RentalSubcontract Services

$215.00/hour$210.0O/hour$195.00/hour$170.00/hour$160.0O/hour$160.00/hour$140,00/hour$125.00/hour$120.0O/hour$110.00/hour$100.00/hour

$95.00/hour$90.00/hour$85.00/hour$80.00/hour$85.00/hour$70.00/hour

ço

ooocl_È

ÈBI

These billing rates are subject to semi-annual review and revision

A surcharge of fifty percent (50%) will be added to hourly rates for expert witness testimonyand/or for participation at hearings, depositions, etc.


$.560/mileCostCost

$0.1O/copycost + 10%Cost + 10%cost + 10%Cost + 10%cost + 10%

Costcost + 10%

INVOICES

Progress invoices shall be issued monthly and payment is due upon receipt. Balancesremaining unpaid after thirty (30) days are subject to a monthly finance charge of 1o/o (12o/o

annually) until paid.

SMITHGROUPJJR 44 EAST MIFFLIN STREET, SUITE 5OO, MADISON, WISCONSIN 53703 T 608,251,'1177 F 608.251.6147

City of Oak CreekComrTron Council Report


Item No.: tkBackground: Mayor Scaffidi is requesting discussion and direction to the Clerk's Officeregarding the scheduling of 2015 Common Council meeting dates.

Per Oak Creek Municipal Code Sec. 2.28(b), regular meetings of the Common Council shall beheld on the first and third Tuesdays of each calendar month, at the hour of 7:00 p.m., or asothenruise scheduled by the Council.

Mayor Scaffidi is asking the Council for discussion and consideration of the vacation of one ofthe meetings during the summer of 2015.

Please keep in mind holidays and community events that occur during the months of July andAugust. Additionally, the month of June will have five Tuesday's in 2015.

June - 5 Tuesdayslf the Council determines to not hold a Council meeting eitherJune 16th or July 7th, there will be a 5 week lag between meetings.

July 4 - Holiday occurs on a Saturday

August 4 - National Night Out

Due to the structure of the months, should the Council agree to not hold both meetings duringone month in the summer, the best options would be July 21 , August 3, August 18, with themeeting on August 3'o (the night before National Night Out) being the preferred option.

Fiscal lmpact: There is no fiscal impact.

Prepared by Respectfully submitted by:

.{^lu!ft"Christa J. Miller, cDeputy City Clerk

Fiscal Reviewed by:


get M uffrant, CMTWFinance r / Comptroller

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Meeting Date: November 5,2Q14

Item fr¡o.: l7Recommendation: That the Common Council approves payment of the obligations as listed onthe October 29,2014 Vendor Summary Report.

Background: Of note are the following payments:

1. 972,021.99 to Advanced Disposal-Muskego-C6 (pg #1) for recycling and landfillcharges.

2. $13,336.24 to Alfred Benesch & Co. (pg #2) for September bridge design services.3. $60,840.32 to Benistar/UA (pg #2) for November retiree Medicare supplement.4. $21,032.72 to Centerpoint Properties Trust (pg #3) per tax appeal settlement

agreement.5. $68,600.00 to Chamberlin Group, LLC (pg #3) for April through September owner

representative services - facility development.6. $1,827,714.00 to Corporate Contractors lnc. (pg #3) for contract payment City

Hall/Library and Fire Station.7. $49,977.78 to Environ (pg #5) for May, June, and July technical assistance with

Lakeview project.8. $28,274.04 to GHA Technologies, lnc. (pg #6) for two servers.9. $5,171 .00 to Milliman (pg #9) for August administration services.10. $76,027.91 to Oak Creek Water & Sewer Utility (pg #10) for third quarter inspection

costs.11. $46,224.34 to WE Energies (pgs #15-16) for street lighting and gas/electric utilities.12. $903,154.53 to Wl Dept. of Transportation (pg #16) for city's portion of the Howell

project from Oakwood to Grange.

Fiscaf lmpact: Total claims paid of $3,248,760.24

Prepared by/Fiscal Review by: Respectfully subm itted,

BridgetFinance rector/Com


.ìE\ÆSED


Meeting Dato: November 5,2014

Item No.: igRecommendationr That the Common Council adopt Resolution No. 11552-110514 acceptingWaivers of SpecialAssessment Notices and Hearings for water lateral installation, and levyingspecial assessments against benefited properties and establish an interest rale of 4o/o,

(Project No. 13104) (sth Aldermanic District).

Backgrouncl: The Howell Estates Subdivision Water Main Relay project included theabandonment of existing 6-inch cast iron water main that runs through backyard and side yardeasements and serves 23 customers in the subdivision, Water laterals originating from theseexisting mains have been abandoned in favor of new laterals.

The Oak Creek Water and Sewer Utility Commission gave the 23 affected property owners twooptions for relocating their water lateral. Option 1 - levy special assessmeRts with a 4% interestrate against affected property owners for relocating the water lateral under the Oak Greek Waterand Sewer Utility contract. Option 2 - Affected property owners relocate their water lateralprivately wíthin 18 months. All of the property owners have either utilized Option 1 or Option 2except for two properties located at 9760 S. HowellAve. and 9861 S. Austin St. Both propertyowners have now submitted the required waiver of special assessments and hearings. Theyhave been informed that the special assessment price offered under the contract cannot beguaranteed 18 months fater and that the sp-ecÍal assessment will significantly increase from theoriginaf $3,000.

The Oak Creek Water and Sewer Utility Commission has approved this project.

Fissal lmpact: The Oak Creek Water and Sewer Utility will initially fund the entire cost and shallbe reimbursed as special assessments are received for the water lateral work, The maximumcost of the special assessment is $5,000 for the property at 9861 S. Austin St. and $6,000 forthe properly at 9760 S. HowellAve.

Prepared by: Respectfully submitted,

Rona J , P.E. Gerald R. Peterson, ICMA-CMCity AdministratorUtility Engineer

Fiscal by:

Director/Co

RESOLUTTON NO. 11552-110514 Revised

BY

RESOLUTION ACCEPTING WAIVERS OF SPECIAL ASSESSMENT NOTICESAND HEARINGS FOR WATER LATERAL IMPROVEMENTS

AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES

(PROJECT NO. 13104)

(5TH ALDERMANTC DTSTRTCT)

WHEREAS, in the judgment of the Common Council of the City of Oak Creek, it was deemed tobe expedient and necessary and in the best interest of the City and the properties affectedthereby that the City proceed with the following improvements at the following locations:

WATER LATERAL AND APPURTENANCES

9760 S. Howell Avenue (Tax Key No. 9070011000)

And

9861 S. Austin Street (Tax Key No.9070056001000)

WHEREAS, said property owners had requested that the said improvements be installed toservice their properties and said properties will benefit from the installation thereof, and

WHEREAS, said property owners have executed a Waiver of Special Assessment Notices andHearings agreeing to the assessment of their land for the water lateral installation and haveagreed to the payment thereof, all in accordance with Section 3.20 of the Municipal Code of theCity of Oak Creek.

NOW, THEREFORE, BE lT RESOLVED by the Common Council of the City of Oak Creek asfollows:

That the aforementioned improvements be installed

That the Waivers of Special Assessment Hearings and Notices from the abuttingproperty owners be, and are hereby accepted, such waivers covering the lands ownedby and described as follows:

9760 S. Howell Avenue - Howell Avenue Estates Northwest % of Section 28, Township5 North, Range 22 East, Lot 9, Blockl

And

9861 S. Austin Street - Howell Avenue Estates Northwest % of Section 28, Township 5North, Range 22Easl, Lot 6 and North 10 feet of vacated street adjacent on south blockb

1

2

3.

4.

That the above-described public improvements constitute an exercise of the City's Policepower and benefit the properties being assessed.

That each abutting property owner shall be assessed for the improvements in themanner set forth in Section 3.20 of the Municipal Code of the City of Oak Creek and theassessment rates as set forth in Common Council Resolution No. 10751-041707 .

Thatthe assessments may be paid in cash or in 5/10 annual installments in accordancewith Section 3.210 of the Municipal Code of the City of Oak Creek, if paid in installments,the same shall bear interest at the minimum rate of 4o/o pet annum on the unpaidbalance.

That where the special assessments are not paid within 30 days of the date of the Noticeof Levy of Special Assessment, the amount due shall be entered on the year of levy'stax roll.

lntroduced at a regular meeting of the Common Council of the City of Oak Creek held this 5th

day of November 2014.


Passed and adopted this 5th day of November,2014

Mayor

ATTEST

VOTE: Ayes_Noes_City Clerk

5

6



Item No.: lØ

Recommendation: That the Common Council adopt Resolution No. 11552-110514 acceptingWaivers of Special Assessment Notices and Hearings for water lateral installation, and levyingspecial assessments against benefited properties and establish an interest rale of 4o/o,

(Projeot No. 13104) (Sth Aldermanic District).

Background: The Howell Estates Subdivision Water Main Relay project included theabandonment of existiñg 6-inch cast iron water main that runs through backyard and side yarcl

easements and serves 23 customers in the subdivision. Water laterals originating from theseexisting mains have been abandoned in favor of new laterals.

The Oak Creek Water and Sewer Utility Commission gave the 23 atfected propedy owners twooptions for relocating their water lateral. Option 1 - levy special assessments with a 4% interestrate against affected property owners for relocating the water lateral under the Oak Creek Waterahd Sewer Utilíty contract. Option 2 - Affected property owners relocate their water lateralprivately within 1B months. All of the property owners have either utilized Option 1 or Option 2

except for two properties located at 9760 S. Howell Ave. and 9861 S. Austin St, The 1B-monthtime period under Option 2 has expired and they have requested to be specially assessed forinstallation of a new water lateral. The Utility has not received the required waiver of specialassessments and hearings from the property owner at 9861 S. Austin Street. Thus the speclalassessment will only apply to the property at 9760 S, Howell Ave, under this resolution. Theyhave been informed that the special assessment price offered under the contract cannot beguaranteed 1B months later and lhat the special assessment will significantly increase from theoriginal $3,000.

The Oak Creek Water and Sewer Utílity Commission has approved this project.

Fiscal lmpact: The Oak Greek Water and Sewer Utility will initially fund the entire cost and shallbe reimbursed as special assessments are received for the water lateral work. The maxÌmumcost of the special assessment is $6,000 for the property at 9760 S. HowellAve.

P Respectfully submitted,

Gerald R. Petgrson, ICMA,CMUtility Engineer City Administrator

Fiscal Review by:

Bridget , SouffrantFinance Director/Co

RESOLUTTON NO. 11552-110514

BY:

RESOLUTION ACCEPTING WAIVERS OF SPECIAL ASSESSMENT NOTICESAND HEARINGS FOR WATER LATERAL IMPROVEMENTS

AND LEVYING SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTIES

(PROJECT NO. r3104)

(sTH ALDERMANTC DTSTRTCT)

WHEREAS, in the judgment of the Common Council of the City of Oak Creek, it was deemed tobe expedient and necessary and in the best interest of the City and the properties affectedthereby that the City proceed with the following improvements at the following locations:

WATER LATERAL AND APPURTENANCES

9760 S. HowellAvenue (Tax Key No. 907-0056-001)

WHEREAS, said property owners had requested that the said improvements be installed toservice their properties and said properties will benefit from the installation thereof, and

WHEREAS, said property owners have executed a Waiver of Special Assessment Notices andHearings agreeing to the assessment of their land for the water lateral installation and haveagreed to the payment thereof, all in accordance with Section 3.20 of the Municipal Code of theCity of Oak Creek.

NOW, THEREFORE, BE lT RESOLVED by the Common Council of the City of Oak Creek asfollows:

1. That the aforementioned improvements be installed

That the Waivers of Special Assessment Hearings and Notices from the abuttingproperty owners be, and are hereby accepted, such waivers covering the lands ownedby and described as follows:

9760 S. Howell Avenue - Howell Avenue Estates Northwest % of Section 28, Range 5,

Township 22, Lot 9, Blockl

That the above-described public improvements constitute an exercise of the City's Policepower and benefit the properties being assessed.

That each abutting property owner shall be assessed for the improvements in themanner set forth in Section 3.20 of the Municipal Code of the City of Oak Creek and theassessment rates as set forth in Common Council Resolution No. 10751-041707.

2.

3

4

5

þ.

That the assessments may be paid in cash or in 5/10 annual installments in accordancewith Section 3.210 of the Municipal Code of the City of Oak Creek, if paid in installments,the same shall bear interest at the minimum rate of 4o/o pü annum on the unpaidbalance.

That where the special assessments are not paid within 30 days of the date of the Noticeof Levy of Special Assessment, the amount due shall be entered on the year of levy'stax roll.

lntroduced at a regular meeting of the Common Council of the City of Oak Creek held this 5th

day of November 2014.


Passed and adopted this sth day of November,2014

ATTEST:

City Clerk Mayor

VOTE: Ayes Noes


Meeting Date: November 5, 2014

Item No.: tq

Recommendation: That the Common Council consider a motion to purchase fiber optic cableand miscellaneous fiber equipment from Power and Telephone Supply in the amount of$42,600.45.

Background:

This project will provide a fiber optic connection between City buildings. This project willconnect the following City buildings with fiber optic cables:

1. Fire Station 3 - 6000 S. 6th St.2. Water Utility Administrative Office - 170 W. DrexelAve.3. Future City Hall/Library - 8040 S. 6th St.4. Future Fire Station 1 - 255 East Centennial Dr.5. Street Garage - 800 West Puetz Rd.6. Police Dept. - 301 West Ryan Rd.

The construction of the above project was awarded to Trace Technologies on September 2nd,

2014 and is anticipated to be completed by June 1sth,2015.

A request for sealed bids on the purchase of fiber optic cables and associated equipment for theabove project was advertised and four proposals were received/reviewed by the lnformationTechnology Department and M.C.& E. The low bidder was Power and Telephone Supply (seeattached Bid Proposal).

Fiscal lmpact: Funding was in the CEP Fiber Optic project budget (Project No. 06007)

Prepared by: Respectfully subm itted

er Gerald Peterson, ICMA-CMCity AdministratorI nformation Technology Manager

Fiscal ew by:

BridgetCMTW

ntDirector / ptroller

\,

City of Oak Creek: City Fiber Optic Wide Area Connection Project - Material RFe

Section 2.1- Alternate Material List and Pricing Signature Sheet (For improved Cable Lead Times)

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Total Price

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3 3/^bb

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Unit Price

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Grand Total

Quant¡ty

2,625

16,450

1,950

8,950

2,450

4,075

26,825

13,400

2

20

720

6

2

24

3

1

4

4

5

L4

Description

108 Strand Fiber Optic Cable - Domestic OH-Free ITU-T G.652.D compliant - sínglejacket a ll dielectric084 Strand Fiber Optic Cable - Dornestic OH-Free ITU.T G.652.D compliant - singlejacket all dielectric

060 Strand Fiber Optic Cable - Domestic OH-Free |TU-T G.652.D compliant - single

cket all dielectric

036 Strand Fiber Optic Cable - Domestic OH-Free ITU-T G.652.D compliant -¡inglejacket all dielectric \

024 Strand Fiber Optic Cable - Domestic OH-Free ITU-T G.652.D compliant - single

iacket all dielectric

012 Strand Fiber Optic Cable - Domestic OH-Free ITU-T G.652.D compliant - singlejacket all dielectric

072 Strand Fiber Optic Cable - Domestic OH-Free ITU-T G.652.D compliant - siirglejacket all dielectric

048 Strand Fiber Opticjacket all dielectric

Cable - Domestic OH-Free ITU-T G.652.D compliant - single

144 Port Termination Shelf - 7 inch(72 - 12LC Adapter panel cap)

3-tray capacity Splice Shelf - 5 inch

1000LC1DPLX-6 Duplex LC Panel lnsert (12 strand cap)

Duplex LC Singlemode adapter

Splice Tray - 48 single fusion splice strand capacity - LITB-t/tCable Grip

12 Strand Allwave pigtail - LCUPC to UNC - Flat Ribbon Cordage Riser

1U S-LlU LC12 Blue - LIU Shelf equipped with 12 LC-UPC Bulkhead Adapters

1U S-LlU LC24 Blue - LIU Shelf equipped with 24 LC-UPC Bulkhead Adapters

1Ul2U Short Splice Bracket

Splice Single-Fusion Clip w/3 Holders (up to 48 splices)

Tyco FOSC 450 86 Gel Case L44 Ca pa city24 Capacity OSP Splice Tray

Part Number

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Item No.: '^fp

Recommendation: That the Common Council approve Resolution No. 11549-110514,accepting the workmanship and authorizing final payment to Advance Construction, forProject No. 09024. This project involved the installation of drainage improvements fromPuetz Road to north of Forest HillAvenue. (3'd Aldermanic District)

Background: This project was authorized by the Common Council as part of theCapital lmprovement Program, and was awarded on September 17,2Q13.

Fiscal lmpact: Final payment of $652.00 is to be paid with funding from Project No.09024. The remaining balance will be transferred to Project No.12Q22, UnspecifiedStorm.

Respectfully su bm itted

Gerald R. Peterson, ICMA-CMCity AdministratorSenior Engineering Technician

Approved by:

Michael C. Simmons, P.E.City Engineer

Fiscal review by:

dget/ Com llerF

RESOLUTTON NO. 11549-110514

BY

RESOLUTION AGCEPTING THE WORKMANSHIP OFADVANCE CONSTRUCTION

AND AUTHORIZING FINAL PAYMENT

PUETZ ROAD TO NORTH OF FOREST HILL AVENUEDRAINAGE IMPROVEMENTS

PROJECT NO. O9O24

(3'd ALDERMANTC DtSTRtCT)

WHEREAS, the City of Oak Creek, hereinafter refeired to as the City, and AdvanceConstruction, hereinafter referred to as the contractor, entered into a contract whereby theContractor agreed to perform certain public works under Project No. 09024 for the installation ofdrainage improvements in the City of Oak Creek, in accordance with plans and specificationsprepared by the City Engineer for the agreed price of $249,904.00; and,

WHEREAS, said total final contract price has been determined to be $242,814.47 ascomputed by the City Engineer using actual quantities, as measured, additions and deletions tothe contract, and contract unit prices; and,

WHEREAS, the Contractor has completed all of the work set out in the specifications;

WHEREAS, the Contractor has filed with the City an affidavit stating that he hascomplied fully with the provisions and requirements of Section 66.0903, Wis. Stats.; and,

WHEREAS, the City Engineer has submitted his final report certifying that theworkmanship of the Contractor is satisfactorily completed and recommends a final settlement bemade and that the City accept the work and authorize the payment of the balance presentlyoutstanding and due the Contractor, and that there remains a balance on account, the sum of$652.00.

NOW, THEREFORE, BE lT RESOLVED that the recommendation and report preparedby the City Engineer be accepted.

BE lT FURTHER RESOLVED that the City of Oak Creek does hereby accept theworkmanship furnished by the Contractor, subject, however, to all guarantees and otherobligations set out in the contract which the City of Oak Creek hereby reserves, if any, andsubject to the right of the City of Oak Creek to commence an action or file a third party claimagainst the Contractor in the event that an action is commenced by anyone against the City ofOak Creek as a result of alleged injuries or wrongful death as a result of the condition of thework site or any other condition related to this project.

BE lT FURTHER RESOLVED that in order to guarantee said workmanship andmaterials on the drainage improvement installation for a period of 12 months after the

and

acceptance of the work, the performance or contract bond, which has been made a part of thecontract, shall be in effect until 12 months after the passage of the resolution.

BE lT FURTHER RESOLVED that the City, through its proper officials, issues itsvoucher in the sum of $652.00 to the Contractor in full and final payment of the City's obligationsunder this contract.

lntroduced at a regular meeting of the Common Council of the City of Oak Creek heldthis Sth day of November, )014.

Passed and adopted this 5th day of November, 2014.


Approved this Sth day of November, 2014

Mayor, City of Oak Creek

ATTEST

VOTE: AYES NOESCity Clerk

FINAL PROJECT PAYMENT COST BREAKDOWN Page 1 of 2

PROJECT NO.

DESCRIPTION:

GENERAL CONTRACTOR:

PREPARED BY:

09024Drainage lmprovements

Advance Construction

PREAPRED FOR November 5,2014 COUNCTL MEETTNG

COUNCIL RESOLUTION NUMBER: 11549-110514

J. John Ozolins

Sen¡or Engineering Technician

AMOUNT OVER / UNDER

s (7,089.53)

s

s

s

s

s

sss

s

s

s

s

5

s

s

ss

s (7,089.53)

AS-BUILT COST

5 2q2,8t4.47

s

s

ss

s

sss

ss

s

5

ss

5

ss

5 z+2,8r4.47

BID PRICE

5 z+9,904.00

s

s

s

s

s

s

ss

s

S

S

s

s

s

s

ss

5 2q9,904.00

LOCATION

Puetz to Forest Hill

TOTALS

DATE PREPARED October 27,2Ot4

FINAL PROJECT PAYMENT COST BREAKDOWN

PROJECT NO.

LOCATION:

DESCRIPTION

09024

Puetz Rd. to Forest HillAve.Drainage lmprovements

PREPARED BY:

DATE PREPARED

Page2 of 2

J. John Ozolins

Senior Eng¡neering Technician

October 27,2OL4

ovER/

UNDER

s

s

ss

sS z,zss.oo

s 4oo.oo

ss 14,078.50

5 3,022.00

5 0,L87.231S (6es.8o)

s (2,100.00)

s (13,625.00)

S s¿o.oo

s (9,780.00)

s

5 2q9,904.00 5 242,9L4.47 S (7,089.53)

AS-BUILT COST

S so,ooo.oo

s zs,ooo.oo

s 450.00

s 5,000.00

S ss,944.oo

s 4,259.00

s 2,320.OO

s 400.00

S gs,z7g.so

5 r¡,o2z.oos 3,2t2.77

s 5,919.20

s 3s0.00

S zt,375.oo

s L,440.OO

s 7,020.oo

5 ro,825.oo

BID PRICE

s 50,000.00

s 25,000.00

S 450.00

s 5,000.00

S 55,944.00

s 2,000.00

s 1,920.00

s 400.00

s 22,200.OO

s 10,000.00

5 4,400.00

s 6,615.00

s 2,450.00

s 35,000.00

s 900.00

s 16,800.00

s 10,825.00

UNIT PRICE

s 50,000.00

s 25,000.00

s 9.00

s 5,000.00

s 777.OO

s 25.00

s 40.00

s 200.00

s 37.00

s 50.00

s 11.00

s 49.00

s 17.50

s 2.so

s 1.80

s L.20

s 10,825.00

AS-Built

AMOUNT

L

1

50

T

72

L70.32

58

2

980.5

260.44

292.07

120.8

20

8550800

58s0L

BID

AMOUNT

L

T

50

t72

80

48

2

600

200

400

135

L4014000

500

14000

T

BID ITEM DESCRIPTION

Excavation, grading & disposal

Clearing & grubbing

Sawcut pavement

Excavation for structu res, cu lverts12' x 6' Concrete box culvertStructural backfill18" Corrugated HDPE pipe

Remove existing CMP

Modular block wallHeaw Rip-Rap with geotextile fabricCrushed aggregate base course

3" Asphalt pavement

Tracking pad

Topsoil & seed restorationSilt fence

Erosion mat

Traffic control

BID

ITEM

1

2

3

4

5

6

7

8

9

10

11

T2

13

L4

15

16

t7

City of üak CreekCommon Council Repont


Item No..

Recommendation: That the Common Council renews the marketing services contract withConnect The Dots LLC for the one year period commencing November 1,2014.

Background: For the past '12 months the City has contracted with Connect the Dots (GaryBillington) to provide marketing services to facilitate economic development in the City. Thatcontract expired on November 1't. Under the terms of the contract, it may be renewed foradditional terms of one year by mutual written agreement of the parties.

Cost for the service would remain $1,000 per month for which the City would receive up to eight(8) hours of billable time. The contract also provides reimbursement for mileage, meal, hotel,and travel costs outside the area. Costs which exceed $250 require prior City approval. Thecontract also establishes a success fee, should contacts result in an expansion or location of abusiness to the City. ln this event, contractor would receive between 7.5o/o to 1Qo/o of the Citylevied and collected taxes for the first full year of improved values,

ln the first year of the contract these effods have not resulted in a direct business expansion orrelocation decision based on leads generated by the firm. However, the connections generatedthrough this effort have þeen useful in identifying early opportunities which continue to benurtured with the expectation that they will lead to results in 2015.

Mr. Billington makes monthly reports to the Community Development Authority (CDA) regardinghis activities in support of this contract. Copies of those reports are included as part of thisCouncil report.

The CDA will be considering this contract renewal as part of their meeting the morning ofNovember Sth.

Fiscal lmpact: Fixed costs for this renewal for a one (1 ) year period would be $12,000 with thepotential for travel fees which are not expected to exceed $2,000 annually. Success fees will bevariable and depend upon business expansion or relocation events. Funding for these costs willcome from the CDA budget.

Prepared by: Respectful ly Submitted,

Seymour, AICP Gerald Peterson, ICMA-CMCity AdministratorDirector of Community Development

Review by

LI

BridgetCMTW inance Director m ler

CIT'Y OF'OAK CJI{EEKM A ll l( Il'l] I N G .ç; lÌ l{ V I C' tl S Cl O N'f tìz\ C--T

11'I'IJiS CONTIìA(I'I', rnadc ancl cntcrccl into this I clay of 9ù) 20Ix,by ancl bet\,veen CONNECT.T'I'IE.DOTS L [,.C., hcrcin¿iftor called thc "Contraotor" ancl

thc Cl'fY OF OAK CIì,EEK, zr mLrnicipal corporation of thc Statc of Wisconsin,heleinafter cal lcd "(li ty",

WITNI]SSETH

'l-hat the Contractor, ancl the Cìity, tbr the consideratior¡ s1âtcd hcroin, agree as

l'ollows

I SCOPE OF WO}ìK

The Contractor shall providc rnarlccting scrviccs f.o iÌtcilitate cconornioclevelopment in thc City t¡l' Oal< Crcck. Scrviccs sh¿rll inclLtclc initiating contzìct,arrangiug mcetings, ancl developing rcJationsìrips r.vith a varicly of'bu¡^incsscs in order toattract, rctain and expand Lhc plesence of thcise lrusinesses iu the City. Tlie Conlraot<trstrall provide City with minLrles tionr those nrcetings and lbllorv-Lrp s(ral-egy.

'l'hc Clotitractor shall provicle all Iabor, cquipment, scrviccs, cxperlise ancl

cverything necessary lor Ltre completion ol'the work morc lìrlly hereinalf.er set lbrth, allin stlict aocorclance with this contr¿ict, 'l'he Contr¿rctoL shalI do everytlring requircd bylhis contract ancl ol"hel ckrcumcnts constituling a l:rart hcrcof and in Lho mamcr spccifreclIu:rein.

'l'ho City sh¿rll be the cxchrsivc public scctor clienL of Lhe ConLr¿rct<¡r. 'fhe

Contractor rnay provicle service3'hcreirncicr to othcr private clients, and the same sh¿rli notbe consiclered a violation of this contract. l-he Contr¿rctor shalI disclosc s¿rid other clientsto the CJity, whioh City agrees to kcc¡.r confidcntial.

'l'hc Contractor agrees to keep conf-rdential any ancì all pLoprietary irrtbrnation ofthe Oity obtained by the Cloritractol in providing tl're service.s liereLrnde r. 'l-he Contractoragrocs to cxecute any reasonablc conlidentiality agrecnrent ol the City acknowledgingsarìrc.

The partics agroe that the ntles of engagemcnt .surrouncling the addition ofaccour-rts to a largct list is a nrutual cvcnt, but the fìnal decision lor inclusion or exclusiorrlies with the City. All qualifying accourrts or lcads shall be ap¡lrovccl in writing ol vi¿r

email by the City of' Oak Creek City Administralor to the Contractcil prior to thccomnrcnccment of aclivity liy thc Clontract<-¡r. It is unclcr¡^tt¡od thnt quality o['accountleads r¿rther than quantity is sor-rght by this scrvicc contract. Contractor shall propose andjointly devclop leads with the CiLy inclucling possible approaoh strategies.

I

Cìity agrccs th¿rt the ConLractcll r,vill bc providing the services utilizing the

Contr'¿tctor''s lcascln¿rble best efïorts, hoivever. fLrc City acltnowlcdgcs that the scrviccs lrepurc[¡, advisory only, ancl that thc (]onl"l'¿rctor rvill not bc rcspclusible 1'or irny losses, oosts,

cxpcnscs or damage.s inourrecl by the City as a result of tlie provision of tlic Clontraotor's

scrvices. 'l'he City agrees tcl defend, inrlcmnify ancì hold the Contlactot' h¿imrless lron.r

any and all liability, costs, clarnages or expt:nse, iucluLcilng attot'noy's l-ccs, incutrecl by thc'

Contlerctor, brought Lry or againsl any thìrcl party, as aresult of thc Conlrao[or's providingthe selvices to the City hcreLurder assurning Contr:acLor was not lvorking or-ttsiclc tl-re

scopc of hi.s authority.

Contl'actor shall bc rccluircd Lo prepare and submit on a qualterly basis wlitten rcporlscletailing lcacl cont¿rcts. clevclopmerìt. strategy, ancl timing estimates on decision lnaking¿rncl bLrilcling plans whcn appropriate. Aclditional inl'orrnatiorì rn¿ìy be rcquirccl whir.h wíllbe jointly cliscussecl iurd agreed to trcnvccn the parfìes.

2, 'l'rìrìM

-üre term ol' Lhis Contlacl shall be lor a period of' one (1) ye¿ìr oorìuretroin¡¡|.nl13 (the "CorrLrnorccnlcnt [)alc") ancl tcrminaling

this (ltntr'¿roI n-ì¿ry bc rcLrovccl fìrr adciitional tcrnrs ol one year by riutual rvrillcrtagrecìlrerìt rll' thc partics.

3 F.ËI',S ANt) PAYMENT

City shall pay the CloLrtlactor a rronthly retcntion fee of ouo tfrousand ancl no/100tlollars (lìt,000.00) on or about thc fìr.st of cach nìonth, consistcLit lvith intcrnalprocerssiug scheciules, wliich rctcntion fèe shall entitle Oity up to eight (8) hoLrrs o1'

billable Linre each nronth.

A "Succc¡^s Iìee" sh¿rLl be al'ailabLc to the Contractor uncter thc followingconditions and based u¡lon thc Citl' taxes producecl f-or the first full ycar of improvedvalucs. -fhis

Succcss Fee is paid by thc (ìity to the Contractor fbl a busincss whichexpancls or locates in the Citl' basecl upon lea<Js gencratecl by the C)ontraoLor or jorntlyagrecd to by the City. 'lLrc Succes¡^ [ìce .shall be clcterminecl as follows:

Iror City lcvicd re¿rl estate property taxes receivcd which amountto less than $ I 00,000.00, thc Contractor shali bc paid l0% of thc

Oity taxcs collectetl.

11lll14 . ThercaiÌer'

a

a lìor City leviccl rc¿rl cstate propolty t¿txes rcceivecl r,vhioh arnountto nrore tlran $100,000.00, tlrc Clontractor shall be paicl 7.5olt ofthe City taxes collccted,

Pzryment of'a SLiocess lic,r.: is clue within 30 clays of'the City Assessor's v¿iluation

of the completecl project. 'flre (lontractor a<;knowledges ttiat a business has the right toappcal arìy ¿lssessment rraluatiorl aud, therel'ore, payment of'any Succ;ess Fee clue sltall be

,)

paicl af'l-cl rLll appcal.s arc fìualized. Assessrnent-- for paymcnt ol "Success Fee" shall

inclucle land improverìrenfs, buitding and porsonal pro¡rcrty. 'l'he City p<-rrtion of taxcs fìrr'pLrrposes of'rnaking ¿r Succcss l-¡ce pirymcnt alc thc only taxes to l¡c': considelecl.

City shalì be les¡lonsiblc ftir rcinrbursing thc Contr¿rotoL for erny orclinar¡'andre¿rsonable trusìness experìses irLcun'cd in provicling the scrvices hereturclcr, with milcagccxpcnscs at $0.j-5 pcr rr-rilc anci rca.sonable costs lor hotels and rncals whetr tt'avel tinrcoutside of soLrtheastcrn Wisconsin is recluir:ed. Iìor aÍìy single business expcll-se

exceeding 1t2i0.00, the Clontractor shall frrst obtain City apploval in r,vriting f'ol saicJ

busincss cxpLrnsc bcfcllc iucurring that expense.

l'hc Conttactor shall bc paid as an inclcpendent contractr¡r to City tbr iiability antltax pLrpo.scs.

.l'lrc Contr:actor shall be paid all gross f'ccs arid be responsible li¡r ân1z ¡,,-

withholcling.

4. PROFESSTON¡\|. SLilìVICIS I-]AUIt.lT'Y AND INStJI{ANCll)

The Contlactor shallproviclc tlie City with certificatcs ol'insurancc acceptablc t<r

thc City plior to conllrlcnccnrent of'lhc work. lt is lrcrcby agreecl ¿rncl rrnderstood that the

insrrrance rec¡uiled by tlic City, is pr'ìnrary coveragc ancl that any insurance clt- selfinsurance nraint¿rined Lr1,'tl-re Oity, its of'ficers, council rnemtlers;, agents, employccs orauthorizecl ,,'cllunLccrs i','ill not contribute to a loss. ¿\ll insur¿urce shall be in firll f'orce

priol to conrnrcLrciLrg u,ork ¿rncl lerlain ilr fbrce until all services are completocl and tlrclcngth ol'tirnc spccificcì, if zur¡,, in the contract or listod lrelow, whichever is lclngor.

5 '|TJRN,INA I'ION

l'.ithcr ¡ralty nray tcrntinatc tliis conttact prior to tl-re expiluLtion of thc [cnl upon30 cìa1's ¡rLior "viitte¡r

notice. hi addìtion, the ConlracLol shall bc cntitlcd to a trotu-ts

pavrnent or commissir-rrr Lrpon the closìng or completion of any success fèo cvcnls thcC)ontractol w'as rvorking on ¡rricir to tcrminirtion, which is subsec¡ucntly closccl olcom¡lletecl f'or up to one (l) yczir aftcr City's tcnnination of tl'ris Çontract.

6 .AÀ,IDNrlN{tjNt'S

'['his C]ontract cons[itutcs the enlire unclerstanding cif the parties regarcling tlieprovision of thc serviccs, and there arc no othcl' unclerstanclings or aflreemcnts betweentlre parties othcr th¿lr what is o<¡nlainecl in this contr'¿rcf. 'fhis contract lay only Llc

an-icnclccl upon the mutual signed writlcn agreemen[ r¡l-[he pariics. 'l']ris agreenrerrt sh¿rll

be governecl b1'zrnd constnrcd in aocorciance will-i the laws of the State of'Wiscolsin,

lN WII-NBSS WIIIìIìþ.OF, the parties hereto havc caused ttris instLument to be

execuLecl in [ìrur'(4) origìnal counterlrarts the ciay and ycal lrrst above written

1_ì

Contractor 'Witncsses CON NÈ,,C]'I. THI]. DOl'S

175 W. Surnmcrhill Pl.

Oak Creek, WI 53

['] i,

CITY OI.- OAK CT{EEI(

¿ì f'trcli, lvlayor

¡\'l"l'l'rS'l':

llv:¡nf llocske. itr'('leLlt

()

Otlrcr'\\iitnesscs

l,htr,*l* Ry

COUNTEI{SIGNED:I hcrcby'cortify that sr.rfficient funcls are in thu

Treasury to meet the expense hereof.

()

ptroller

llxamined ancl a rovecl as [o forrn this20r

1

)' ¡\ t'rìe)/

C.T. D An n ua I Su m ma ry of ActivitiesCity of Oak Creek

o Facilitation of connection to Milwaukee Water Council

(OC Meeting with Rich Meusen CEO Badger Meter Dean Amhaus Executive

Director)o Facilitation of connection to MMAC FaB (Food and Beverage) Group

(OC Meeting with Shelly Jurewicz Executive Director)o Facilitation of connection to M-WERC (Midwest Energy Research

Consortium) Meeting OC with Allan Perlstein Executive Director)o Facilitation of connection to M7 Meeting Jim Patesch VP

o Developer Outreach:

Capstone QuadrangleHSI Properties

Cobalt Partners

Hammes Development

Hendricks GroupWangard Partners

KTR Capital Partners (New YorK)

WEDC Outreach ..Madison Reed Hall Secretary and Milwaukee Mary Perryo

o Attraction Opportu nities :

European based American Corporate

140.000 Sq Ft Manufacturing Facility Relocation

100,000 Sq Ft Manufacturing Facility Relocation

Retail National Fast Food Chain (Multiple Locatíons)

Retention and Expansion:

Black Bear BottlingMetal Fabrication Firm 30,000 Sq Ft Relocation

o

thCity of Oak Creel( C.T.D Oct 7 201,4

. On going follow up with European firm for North American

Corporate HQ project

Expecting decision on site by end of year.. On going facilitation of meetings with developers for

Zimmerman Ventures projecto Rescheduling meeting with M7's Jim Patsech for joint niche

marketing project

o Working with existing Metal fabrication firm to relocate withinCity

. On going contact with manufacturing firm relocating fromM ilwa u kee

o On going contact with manufacturing firm relocating fromM ilwa u kee

. Co Ordination of meeting/presentation to CDA of Allan Perlstein

M-WERC

o Preparing summary of C.T.D activities f or 1.L/I3-LO/L4 and new

contract proposal.

fl"T""m AcMvttry epwr"t $uuxre/$raåy f"ou' ¿eåç Cs"erek C A

. Continue with assistance to relocate European Business to Oak Creek forNorth American Corporate HQ. Meetings with CEO September "l-4.

. Reached out multiple times to Zimmerman Ventures re Potential Corporate

sponsor with no response

. Working to set up introductory meeting with Sr Management of a

firm/Mayor for new Corporate HQ Late L5

. Meetings with M-WERC Alan Perlstein Executive Director

July 24th M-WERC Open Member Meeting with Mayor

July 29th Meeting with City of Oak Creel< officials @ City Hall

TBD Meeting/Presentation to CDA

(M-WERC was lead organization that secured Advanced Manufacturing

Designation for Greater Milwaukee area)

o Approaching CEO of Canadian based firm for location of Advanced

Manufacturing facility to Oak Creek. Expect 2016 Decision

o Meeting set Aug 15 Capstone Quadrangle Mike Faber

o Set up introductory meeting August 2Lst with HSI Properties principles

r Met with Jack Marshall GM PPG Oak Creek operations July2Sth

. Providing communication conduit with Pete Caruso Sr regarding existing

road extension issue for future development...Needs to be resolved forfuture new plant expansion.

o Awaiting Marketing materials( lntroduction package) from Savage Solutions

o Setting up meeting for Mayor with Pat O Brien/Jim Paetsch of M7 re

:Coord ination of activities/leadso Coordinating finding site location for firm relocating from Milwaukee

e Facilitating meeting JLL and MayorlDoug re future development

opportunities in city

o Facilitating meeting between Health care provider President and City forl-0,000 sq ft space in Oak Creek.

Connect. The. DotsCDA Update Report April 2014

Mayor and I met with Shelly Jurewicz MMAC FaB Cluster March l-4

Shelly provided information on upcoming National Food Conference in

June in New Orleans. City may want to consider attending.

Shelly sent Doug Seymour information on procedure to obtain FaB

Certification of Oak view lndustrial Park. This could assist in marketing

the Park to National Fab Site locators.

C.T.D will meet with Allan Peristein Executive Director of Mid-West

Research Energy Consortium in April. M-WERC has a very active Market

and lndustry Expansion Group.

C.T.D will subsequently broker a meeting with City officials/Mayor and M-

WERC to make WERC aware of opportunities in Oak Creek (Re: above

po int)

C.T.D recommends the City of Oak Creek attend (and if possible exh¡b¡t)

at the upcoming Global Water Conference in June. Exh¡b¡t ¡nformation

sent to Doug.

C.T.D has had ongoing involvement with European firm looking to locate

in Oak Creek.

They have a couple of sites they are evaluating. Project will move forward

mid-Summ er 2014.

A service related firm is looking at relocating from a nearby suburb.

(Mayor has had an initial meeting with them.)

C.T.D will meet with MMAC M7's Jim Patesch and to foster awareness of

site location possibilities at Lakefront, Oâk View and North/South Branch.

C.T.D has researched Midwest Food Processors Association (MWFPA) and

will meet with President Nick George.

C.T.D reached out to WEDC regarding recent visit of Chicago Trade

Commissioners (CITCA). Lora Klenke VP and local WEDC reps Mary Perry

and Patrick Drinan will continue to watch out for investment

opportunities at Lakefront /Oak View and Drexel Towne Square.

Opportunity for the group to stop in Oak Creek on a future tour is a

possibility.

February 2014

Connect.The.Dots Report Oak Creek CDA

o Active engagement of European Manufacture relocating

from another municipality to Oak Creek .50,000 SQ Ft

Corporate HQ and warehouse.

o lntroductory meeting held January with City officials.

o Meeting to be scheduled early March for review of site

options

o GFB meeting with Shelly Jurewicz MMAC/FaB Cluster;

o GFB will schedule follow up meeting in March

Goal is to obtain contact information for National Site

location firms in Food and Beverage industry segment

o Active engagement of Local franchisee with Business Plan

f or 4locations in a rea (2 possible in Oak Creek)

o Meeting Milwaukee Water Council Executives City Officials

regarding status of Lakefront Development and Oak View

o GFB meeting with Reed Hall Secretary WEDC re Oak Creek

Lakefront and Oak View

o Meeting with Sr VP Kevin Fletcher @WE Energies Kevin

was responsible for Economic Development for Southern

Company in Atlanta.

o Meeting CapStone Quadrangl e/ Point one in reporto Information obtained on loan programs from

WHEDA/Wisconsin Business Development Bank

Future Tasks

o Meetings with National Site Locator Consultants HZO/Manf

o Attend Milwaukee Water Summit J une/ M7 Q1 February

o Meeting FaB Shelly Jurewicz discussing how Oak View can be

designated FaB industry preferred site

o Research High Tech (Amazon) Site Locator Consultant

o Meeting MATC Dr Marl< Feisheim Campus VP/Workforce

Development Opportu n ities/Con nects

City of Oak CreekComrlrün Çouncil Repont

Meeting Date: November 5, 20'14

Item No.:

Recommendation: That the Council adopt Ordinance No.2741, creating Section 2.77 of fheMunicipal Code to establish a tourism commission.

Background: This is one of two items on this evening's agenda dealing with the issue of hotelroom taxes and how they are used. A subsequent agenda item will propose an increase to theCity's hotel room tax from 6% to B%.

Wisconsin Statutes 66.06'15(1m)(d)2 states that if a municipality collects a room tax on May 13,'1994 (which the City of Oak Creek does), it may retain not more than the same percentage of theroom tax that it retains on May 13, 1994.lf a municipality that collects a room tax on May 1 ,1994,increases its room tax after May 1, 1994, the municipality may retain not more than the samepercentage of the room tax that it retains on May 1 , 1994, except that if the municipality is notexempt under par. (am) from the maximum tax that may be imposed under par. (a), themunicipality shall spend at least 70o/o of the increased amount of room tax that it begins collectingafter May 1,1994, on tourism promotion and development. Any amount of room tax collected thatmust be spent on tourism promotion and development shall either be spent directly by themunicipality on tourism promotion and development or shall be forwarded to the (tourism)commission.

This ordinance establishes a tourism commission to oversee the use of the additional room taxrevenue for the CiIy (70% of the additional 2% collected).

Fiscal lmpact: The establishment of a tourism commissior has no fiscal impact. However, thiscommission will be responsible for the oversight of the additional room tax revenue, which isestimated to be approximately $108,000.

Prepared by' Respectfully Submitted,

2À

Doug Seymour, AICPDirector of Community Development

Fiscal Review by

Bridget uffra

Gerald Peterson, ICMA-CMCity Administrator

CMÏW Fi nance Director / C ptroller

ORDINANCE NO. 274I

AN ORDINANCE TO CREATE SECTION 2.77 OF THE MUNICIPAL CODE TO ES'|ABLÍSH ATOURISM COMMISSION

WHEREAS, orr April 16, 1982 the Comrnon CoLrncil of the City of Oak Creek, Wisconsinaclopted Ordinance No.929, and ordinauce to repeal ancl recreate Section 3.09 oflthe Municipal Coderelatirrg to roorr tax for hotels and nrotels.; and

WHEREAS, Ordinance No. 929 established a fax at the rate of six percent (6%) of the grossreceipts from the lease or rental of sr¡clt accorlrlodations, roorns or lodging within the City of Oak Creekon or after March I , I982; and

WHEREAS, Wiscorrsirr Statutes 66.0615(lm)(a) states that the governing body of a municipalityrnay enact an ordinance inrposiug a tax on the privilege of furnishing, at retail roolns or lodging totransients by lrotelkeepers, urotel operators and other persons furnishing acco¡.nrnodations that are

available to the public; and

WHEREAS, Wisconsin Statutes 66.0615(lm)(a) states that a tax inrposecl Lrnder this paragraph bya rnrrrricipality niay not exceed Bo/o; and

WHEREAS, Wisconsin StatL¡tes 66.0615(lm)(d)2 statesthat if a rnLrnicipality collects a loorn taxon May 13,1994, it may retain not more thau the sanre percentage of the room tax that it retains on May13, 1994,If arnunicipalitythatcollectsaroonltaxouMay 1,1994, increasesitsroomtaxafterMay l,1994, the municipality may retain not rrore than the sanle percerrtage of the roonr tax that it retains onMay 1,1994, except that if the rnunicipality is not exenlpt under par. (arn) frorn the maximum tax thatrrray be imposed under par. (a), the nrLrnicipality shall spend at least 70o/oof the iucreased arÌlor.tltof roomtax that it begins collecting after May l, 1994, on tourism promotiorr arrd development. Any amount ofroolr tax collected that must be sperrt on tourisur promotion and development shall either be spent directlyby the municipality on tourislr promotion arrd developmerrt or shall be forwarded to the commission forits rnunicipality or zone if the municipality has created a commission; and

V/HEREAS, the City of Oal< Creel< has determined that arr irrcrease in the room tax would benefitthe City in its efforls to prornote tourisnr and econon.ìic developrnent initiatives with the Lrltirnate goal ofattracting additional paid overnight lodging at multiple Iodging properlies for the benefit of theconrmunity and has, on November 5,2014 adopted Ordinauce No.2142 increasing the local roorn taxfrom six percent (6%) to eight percent (8%); and

WHEREAS, the City of Oak Creek has deterrnined that a tourism cornnlission should be createdto coordinate tourism promotion and developrnent lbr the City; and

V/HEREAS, Wisconsin Statutes 66.0615(lni)(c)l state that if a (toLrrisrn) cornrnission is createdby a single urLrnicipality, the conrmission shall consist of 4 to 6 rnerrbels; and

WHEREAS, Wisconsin StatL¡tes 66.0615(ln)(c)3 state that rnerlbers of the comnrission shall be

appointed by the principal elected official in the municipality and shall be confirmed by a rnajority vote ofthe rnernbers of tlre nrunicipality's governing body who are present when the vote is taken.Comnrissioners shall serve for a or'ìe-yeal terrn, at the pleasure of the appointing official, and may be

reappointed.

BY

The Common Council of the City of Oak Creek does hereby ordain as follows:

SECTION I Section 2.71 of the Municipal Code is created to read as follows

SEC. 2.7 9 TOURISM COM MISS ION

(a)Cornposition. The Tourism Commission shall consist of five (5) voting rnembers who shall be

appointed fol a one year term commencing May I by the Mayor subject to confir'rlation by theCornrnon Council,, including

a. one ( l) Alderrnan

b. At least oue of the commission nrembers shall represent the Wisconsin hoteland motelindustry.

c. A rnajority of the nrembers of the commission shall be owners or operators of restaurants,tourist attractions, or lodging facilities that collect the room tax described in this section,and that are Iocated in the municipality for which the room tax is collected.

(b) Ex-Officio Members. The Mayor, City Adrninistrator and Director of Conrmunity Developrnent

shall sel'vice as ex-officio members and shall not be entitled to vote orr rnatters before the

Conrmission.

(c) Powers and DLlties. The Tourisrn Comnrission shall have those powers or dr¡ties as prescribed by

State statute.

SECTION 4: All ordinances or pafts of ordinances corrtravenir.rg the provisiolls of this ordinance arehereby repealecl.

SECTION 5: This ordinance shall take effect and be in force on January 1,2015.

Introduced this _ day of 2014

Passed and adopted this _ day of_,2014

President, Corlrnorr Council


ATTEST: Mayor

2

City ClerkVOTE: Ayes_ Noes

üity ef üak tneeküomffirn Cnuncil Repcrt


Item No.:

Recommendation: That the Council adopt Ordinance No.2742, repealing and recreating Section3.40(d)1 and 3 and creating Section 3.40(d) 6 and 7 of the municipal code relating to room taxforhotels and motels.

Background: ln 1982 the City of Oak Creek enacted Ordinance No. 929 which established a hotelroom tax of 6% on rooms and lodging within the City of Oak Creek. The revenue from the hotel taxwas undesignated and remained within the City's general fund. This funding formula remainedunchanged until 2008 when the Council passed Resolution No. 10894-081908 directing annual hotelroom tax revenues in excess of $400,000 to Fund 31 - Economic Development. By State Statute(66.0615) a municipality may enact a local room tax not to exceed B%. State law also directs that amunicipality that first imposes a room tax after May 13, 1994 shall spend at least 70ok of the amountcollected on tourism promotion and development. Since Oak Creek enacted its room tax prior tothat date, the City has not been subject to the 70% restriction.

Over the past few years the State of Wisconsin has enacted legislation that severely restricts theCity's ability to maintain revenues sufficient to keep pace with the cost of doing business.

Since 2005, local property tax revenues have increased only 12.19%, and much of that wasattributable to new construction and development. During that same time period the consumer priceindex has risen by 22.6%. ln fact, during the five year period from 2009 - 2013, and despite theconstruction of two new hotels, the City's poftion of local property taxes collected from hotelsactually decreased from $179,037 Ío 6176,042' .

The City of Oak Creek currently collects a six percent (6%) local room tax in accordance withWisconsin State Statute 66.0615. This six percenttax has not been increased since its inception in1982. For comparison, the City of Milwaukee's local room tax rate is eight percent (B%),

For at least the past three years, the City of Oak Creek has had the lowest gross tax rate inMilwaukee County. However, as the City's operational costs have continued to increase withoutcorresponding increases in revenue, it has been forced to consider alternative funding sources tomaintain the high level of services we provide to our businesses and residents.

The Common Council is being presented a proposal to increase the local room tax rate from 6% toB%effectivein2015. Aspartofthatproposal,T0o/oofthatincreasedrevenuewouldbeforwardedtoa newly created tourism commission to be used exclusively for tourism promotion and development,which in turn will translate into additional room nights for hotel operators. A porlion of the additionalrevenue (30% of the additional2%) will be designated forthe general fund. As part of this proposallocal hotel operators may retain 3% of the hotel tax collected to cover their administrative costs incollecting the tax.

Fiscal lmpact: The increase in local room tax from 6% to B% is estimated to generate an additional$56,000 to the general fund. ln addition, the newly created Tourism Commission would receive anestimated $108,000 for tourism promotion and development. The Fund 31 revenues would remainapproximately the same, but instead of being calculated based on revenues in excess of $400,000, itwould be calculated based on 21ok of the initial (pre 1994) 6% tax.

Ãb

I See attached glaphic

Prepared by:

Doug Seymour, AICPDirector of Community Development

Fiscal Review by:

Respectfully Submitted,

Gerald Peterson, ICMA-CMCity Administrator

Bridg ntCMTW Finance Director / ptroller

ORDINANCE NO. 2742

BY:

AN ORDINANCE TO REPEAL AND RECREATE SECTION 3.40(d)l AND 3 AND TO CREATESECT|ON 3.40(d) 6 AND 7 OF THE MUNTCIPAL CODE RELATTNC TO ROOM TAX FOR HOTELS

AND MOTELS

WHEREAS, on Aplil 16, 1982 the Common Council of the City of Oak Creek, Wisconsinadopted Oldinance No. 929, an ordinance to repeal and recreate Section 3.09 of the Murricipal Code

relating to roorr tax for hotels and nrotels.; and

V/HEREAS, Ordinance No. 929 established a tax at the rate of six percent (6%) of the gross

receipts from the lease or rental of st¡ch acconlnodations, l'oorns or lodging within tlre City of Oak Creekon or after March l, 1982; and

WHEREAS, Wisconsin Statutes 66.0615(lnr)(a) states that the governitrg bocly of a nrunicipalityntay enact an ordinance irnposing a tax orr the privilege of furnishiug, at retail roonrs or loclging totransients by hotell<eepels, rrotel operatols aud other persons furnishing accol.nrlodations that are

available to the pLrblic; ancl

WHEREAS, Wisconsin Statutes 66.0615(lnr)(a) states that a tax irnposed under this paragraplr bya mLrrricipality nray not exceed B%o; and

WHEREAS, Wisconsirr Statutes 66.0615(lrn)(d)2 states that if a rnunicipality collects a roo¡l taxon May 13,1994, it uray retain not more than the sarne percentage of the roonr tax that it retains on May13, 1994.lf a nrurïicipality that collects a room tax on May I , 1994, increases its roonr tax after May l,1994, the nrunicipality may retain not rnore than the sanle percerrtage of the roorn tax that it retains on

May l,1994, except that if the muuicipality is not exenrpt uuder par. (am) fronr the maximLnn tax thatmay be irnposed under par. (a), the rnLrnicipality shall speud at least 7\Yo of the increased atnount of roomtax that it begins collecting after May 1,1994, on tourisrn promotion and development, Any arnount ofroorn tax collected that nrust be spent on tourisrn plomotion and developnrent shall either be spent directlyby the nrLrnicipality on tourisln promotiou arrd developrnent or shall be forwarded to the conrmission forits rnunicipality ol zone if the rnunicipality has created a comnrission; and

WHEREAS, the City of Oak Creek has determined that an increase in the room tax would benefitthe City in its effofts to promote toulism and econornic developrnent initiatives with the ultiurate goal ofattlacting additional paid overnight lodging at nrLrltiple lodging properties f'or the benefit of the

community.

WHEREAS, the City of Oak Creek has created a Tourisnr Conrnrission by adoption of OrdinanceNo. 2741 pLrrsLrant to Wisconsin Statutes Sec. 66.06.

The Conrnon Council of the City of Oal< Creel< does hereby ordain as follows:

SECTION l: Section 3.40(d)l of the MLrnicipal Code is repealed ancl lecreated to read as follows

Pursuant to Sec. 66.0615, Wis. Stats., for the privilege of firrnishing at retail, roorns or lodgirrg totransients by hotel keepers, motel operatois, or other persons firrnishing accornlnodations that are

available to the public irrespective of whether rnernbership is reqLrired for use of the

accornnrodations, atax l<nown as a l'oom tax is hereby imposed upon the retailers atthe rate ofeight pelcent(8%) of the gross receipts from the lease or rental of such accommodatious, roonlsorlodgingwithintheCityofOal<Creel<orrorafterMarch l,l9B2,"Transient,""hotel"aud

"nrotel" shall have the meaning set f'orth in Sec. 17 .52(2)(a) l, Wis. Stats. or any futureaurendnrent thereto.

SECTION 2: Section 3.40(cl)3 of the Municipal Code is repealed arrd recreated to read as follows

Each retailer engaged in flrrnishing such accommodatious, rooms or lodging as defined in thisSectioll shall submit a quarterly report to the City Treaslrrer's office showing the gross receipts

from firrnislrirrg such accommodatious, rooms or lodging, along with a copy of his State Sales

Tax Repoft for said business, alo¡g with the eight percent (9Yo) tax for the gross receipts as

reported, by not later than thifty (30) days fron the end ofeach calendar quafter for the receipts

of that past calendar quarter except that before the person collecting the tax pays it to the Citywithin the time frarne, the person rnay retain 3 percent(3%) of the tax collected to cover the

persou's processing costs.

SECTION 3: Section 3.40(d)6 of the Municipal Code is created to read as follows

Tlre origirral 60lo roonr tax collected pursuant to City of Oak Creek Ordinance 929, daled March I ,

l9B2 shall be disbLlrsed solely at the discretion of the Cornrlon Council, except that a minimulnof 28o/o of the proceeds fronr the original 60/o tax shall be allocated to tlre Co¡lnrunityDevelopnrerrt ALrthority to promote econorlic developrnent within the City.

SECTION 4: Section 3.40(d)7 of the Municipal Code is createcl to read as follows

Prrrsuant to Wisconsin Statutes 66.0615(lrn)(d)2, at least l0'/o of the increased amount of roonr

tax collected as a result of increasing the roorr tax florn 60/o to 8% by viftr¡e of C ity of Oak CreekOrdinance No,2742 shall be speut directly on tourism promotion and development or shall be

f-orwarded to the ToLrrism Comurission.

SECTION 5: All ordirrances or parts of ordinances corrtravening the provisions of this ordinance are

hereby repealed.

SECTION 6: This ordinance shalltake effect and be in force on January 1,2015

lntroduced this _ day of 2014

Passed and adopted this _ day of _,2014

President, Cornrnon CoLrnci I


ATTEST: Mavor

City Clerk

2

VOTE: Ayes_ Noes

Local Real Estate Taxes for Hotel Properties in Oak Creek 2009 - 2Ot3

Name 2009 2070 2011, 2012 2073Candlewood Suites 5 7,526.43 S 20,710.9s S zz,qgt.zg 5 zt,ttt.tz s zo,gss.zoComfort Suites S ¿g,osz.¡r 5 qt,eil3t S ¿g,ros.or 5 32,166.43 S 25,306.08

Days lnn S rg,zsr.gz 5 L4,6rr.76 S 19,117.99 S tg,s6¿.oz 5 19,422.83

Fairfield lnn & Suites s 9,243.88 s 24,981.99 5 30,252.48 S 30,958.37 S 30,734.86

La Quinta 5 22,937.ts 5 tg,qqo.ql 5 20,284.63 5 20,7s7.93 s 20,608.07

Mainstay Suites 5 29,78032 5 2r,377.62 5 2t,697.97 5 22,204.25 5 zz,oqz.gsOakwood Motel 5 2,783.47 S 2,779.37 S z,grs.sr S z,gso.gr s 2,96s.3sRed Roof lnn S ßJeLgz S M,awo 5 t3,gr4.L7 5 t4,L36.49 5 L4,034.43

Twi Lite Motel s 2,L46.s2 5 2,743.3r S 1,915.58 s 1,960.28 S 1,946.13

Value lnn S 13,269.99 S 13,250.15 5 t2,894.77 5 13,185.4i- $ 13,090.22

Victoria Motel 5 2,7t6.30 5 2,712.24 S 1,646.80 5 1,68s.22 S r.,673.06

Villa Vista Motel 5 3,012.77 S 3,oo8.zz S E,zot ta S 3,282.63 S ¡,zss.gsS i.79,037.98 S rso,+ss.zg S 193,403.38 S 183,999.1i- S r76,o42.6t

.00

S5o,ooo.oo<ÞCandlewood Suites

-comfort suites

-Days Inn

-f¿i¡figld lnn & Suites

-l¿ Quinta

-tyl¿i¡5t¿y Suites

-Q¿lç¡7ssd Motel

-ftsj Roof lnn

-Twi Lite Motel

*Value lnn

*Victoria Motel

*Villa Vista Motel

S4o,ooo.oo

s30,000.00

s20,000.00

Slo,ooo.oo

s-2009 20LO 20Lt 20L2 201-3

525o,ooo.oo

s200,000.00

r V¡lla Vista Motel

r Victoria Motel

I Value lnn

x Twi Lite Motel

I Red Roof lnn

t Oakwood Motel

r Mainstay Suites

r La Quinta

r Fairfield lnn & suites

I Days lnn

S15o,ooo.oo

s100,000.00

s5o,ooo.oo

L 5

s-2 3 4

Si.8o,ooo.oo

S16o,ooo.oo

S14o,ooo.oo

S12o,ooo.oo

Sloo,ooo.oo

s80,000.00

S60,ooo.oo

S4o,ooo.oo

s20,000.00

s-

Room Tax Receipts 2009-2013

20to 20rt 2072 2013

Suites

-Çe¡¡fqrt $ui1s5

- Days Inn

-Fairf¡eld lnn &

Suites

-La Quinta

- Mainstay suites

-Oakwood Motel

- Red Roof lnn

--'*Twi Lite Motel

-value lnn

-Victor¡a Motel

-villa Vista Motel

2009

Name 2009 2010 2077 2072 2073Candlewood Suites S 20.677.28 s 53,1ss.72 S 48,403.3s S oo,ors.sz S 60,180.94Comfort Suites S 12s,930.84 s 128,369.06 S r17,94r.95 S 118,406.96 S r37,79o.roDavs lnn s 47.057.28 5 4s,326.2e $ 49,974.94 S s0,341.3s $ sr,ogo.ooFairfield lnn & Suites s 69,326.63 S 133.823.14 S t6o,r47.66 S 1s0,792.3r S 162j2857La Quinta 5 og,o¡r.os S 63,946.41 S 62,789.66 s 70,930.77 s 80,680.30

Mainstay Suites s 39,s24.67 s 36,132.40 s 3s,209.74 s 3s,227.62 s 39,012.61

Oakwood Motel S z,g¿s.ss s 2,447.60 5 2,778.84 5 g,ras.ro s 2,88s.82

Red Roof lnn 5 47,720.74 s 51.s78.s9 S 42,392.93 S 42.s39.98 s 67.681.6s

Twi Lite Motel 5 qzt.sq S 439.s0 S ggo.go S sos.¿o S ¿os.¿s

Value lnn s 18.968.L6 S 16.948.31 S 18.623.s0 S 19.200.14 s 21,648.9s

Victoria Motel 5 gg¿.gg S gs¡.sz 5 777.27 S Laazlt s 1,201.08

V¡lla Vista Motel S 4,72s.s3 s 4,881.09 s 4.694.36 s 4.336.14 s 4.620.00

Woodlawn Motel 246 S ¡so.oo S zro.oo S r22.oo S ztl.zzS 443.s8s.29 s 540,371.93 S s44,73s34 S ss9,09s.46 s 632,17s.42

SToo,ooo.oo

s600,000.00

Woodlawn Motel

r V¡lla V¡sta Motel

rVictoria Motel

I value lnn

r Twi Lite Motel

r Red Roof lnn

I Oakwood Motel

r Ma¡nstay Su¡tes

r La Quinta

r Fairfield lnn & Suites

¡ Days lnn

I Comfort Su¡tes

¡ Candlewood Suites

ss00,000.00

S40o,ooo.oo

s30o,oo0.oo

S2oo,ooo.oo

Sloo,ooo.oo

s-2009 2010 20TL 20L2 20L3

Example of Hotel Room Tax (based on hypothetical 5100 per night cost of hotel room)

Today (modified to formalize% distribution) Proposed (with 2% increase)Today

$ 100.00

$ 6.00

one night lodging cost

6% local hotel tax

$ 100.00

$ 6,00

one night lodging cost

6% local hotel tax

$

$

100 00 one night lodging cost

8% local hotel tax

General Fund (61.5%)

Fund 31 (2170)

Tourism Commission (1 4.5%)

processing retained by hotel(3%)

Local room tax

8.00

General Fund retains first $400,000

Fund 31 receives balance

$ 4.32

$ 1.68

$ 4.92

$ 1,68

$ 1,16

$ 0.24

$ 8.00

72% to General Fund

28% to Fund 31

$ 6.00 Local room tax

Figure 1 - proposed distribution of hotel room tax revenue

E General Fund(61.se6) $4.e2

tr Tour¡smCommission

(14.se6) $r.16

f, processingretained byhotel (3?ú)

$o.24

E Fund 31(2L96)

$1_68

initial 6% lore Mav 13. 1994) tax

s 402.548.73 72o/olo General Fund

$ 156,546.73 28o/o lo Fund 31

increased 2o/o fu'osl Januarv I . 2015) tax

$ 130.455.61 7Oo/o to Tourism Commission

$ 55,909.55 30% to General Fund

total 8% tax

$ 458.458.28 General Fund

$ 156,546.73 Fund 31

$ 130,455.61 Tourism Commission (qross)

$ 22363.82

less 3% of total tax collected retained forprocessing (taken from TourismCommission fund)

$ 108,091 .79 net Tourism Commission

s 745.460.61 Total

tity of üak üreeküommon Council Report


Item No.: !{

Recommendation: That the Council adopts Resolution No. 11555-110514 approving a

certified survey map for the property at7941 S. Howell Avenue.

Background. One West Drexel, LLC is requesting approval of a Certified Survey Map(CSM) for the property at 7941 S. Howell Avenue. This is one of two CSMs on thisevening's agenda affecting this property, which will divide the propefty into four lots atthe southwest corner of Howell Avenue and Drexel Avenue. Lot 2 is the site of WaterStreet Brewery. Lots 3 and 4 will be for future development. Lot '1 will be redivided byCSM (see next agenda item)

Each proposed lot meets the minimum lot width and area requirements for the zoningdistrict. Additional detail is required for the bioswale easement on each of the lots.

The Plan Commission has reviewed this request and has recommended its approvalwith the following conditions:

1. That all technical corrections are made prior to recording.2. That storm sewer and bioswale easements are updated on the map prior to

recording.3. That all electric and gas easements are included on the map prior to recording.

Fiscal lmpact: This CSM affects property that will be developed with mixed-usebuildings, to include retail and restaurants. The property is paft of Drexel Town Squareand TID 11.

Prepared by Respectfully su bm itted,

Seymour, AICP Gerald Peterson, ICMA-CMCity AdministratorDirector of Community Development

Fiscal Review by

BridgetFinance mptrolle

RESOLUTION NO. I 1555-l 10514

BY

RESOLUTION APPROVING A CERTIFIED SURVEY MAPFOR ONE WEST DREXEL, LLC.

7941 S. Howell Avenue(2''d Alderrnan ic District)

V/HEREAS, it appears that the celtified sulvey rnap submittecl by ONE WESTDREXEL, Ll-C., hereinafter referred to as the sL¡bdivider, is in conrpliance with all statutoryrequirements; and

WHEREAS, the subdivider has cornplied with all of the applicable ordinances andresolutions of the City of Oak Creek, and

WHEREAS, the Plan Conrmission has recornmended that this certified survey map be

approved subject to any technical corrections bring rnade prior to recording;

NOW, THEREFORE, BE IT RESOLVED that this certified survey rnap, in the City ofOak Creek, Wisconsin, is hereby approved by the Cornrnon Council sub.ject to any technicalcorrections being rnade prior to recording, that storm sewer, and bioswale easements are updatedon the map prior to recording, and that all electric and gas easetxents are included on the nrapprior to lecording.

Introduced at a regular nreeting of the Cornrnon CoLrncil of the City of Oak Cleek heldthis 5th Day of Novenber,2014.

Passed arrd adopted this _ day of ,2014

President, Commou Council

Approved this _ day of 2014

Mayor

ATTEST:

City Clerl<VOTE: Ayes Noes

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CERTIFIED SURVEY MAP NO

A division of Lot 4 of Certified Survey Map No. 8572, in the Northwest l/4 and Northeast 1/4 of theNortheast 1/4 of Section 1 7, Town 5 North, Range 22 East, in the City of Oak Creek, Milwaukee County, Wisconsin

ÏHESE PARCELS ARE AFFECTED BY OFF|CIALLY MAPPEDSÏREEÏS.

a |NDTCA]ES 1' |RON PrpE (FOUNo), UNTESS NOTED

O INDICATES SET 1,J15" O.O. IRON PIPE AT LEAST 18. INLENGIH, I,68 LBS. PER UNEAL FOOT.

SEESHEETS2&JFORSEESHEETS4&5FOR

LOT DETAILSEASEMENT DETAILS

AII DIMENSIONS SHOW\ ARE MEASUREO TO THE NEARESTHUNDRED1H OF A FOOT.ALl- BEARINGS ARE REFERENCED fO 'tHE N. UNE OF IHE NE1/4 0F SECTIoN 17, T 5 N, R 22 E, WHTCH BEARSN89'07,01.W OF ]HE ITISCONSIN STA]E PLANE COOROINAIESYSÌEJ, SOUÏH ZONE

0 200

GRAPHIC SCALE

400

cB=N221¿+'06'Eü1:27.67'

o@

Feet

E-NW COR OF NE 1/,+sEc 17,T5N, R22Ë-CONC MON W'IHBRASS CAPN; JJ5,,+61.06E:2,256,922.ð6

(

LOCAÏON MAPNmffir/4ç fcnc{ t7. Î!M R2r!

L:28.32' J82.51

s00'52'59'tV

s691t7'01'E -TVEET_D

c/L_'o@

E

NE coR oF NE r,/4SEC 17.T5N, R22EcoNc MoN ll|IHERASS CAPN:355,420.29E:2,559,568.08

C8-N50'44'54'WCH=282,[il'

cB=N44!7'01'lv R*227 zCH:3,+.65' L-304.69'R=24.50' o

cpL-38.¡[8'

'(ô@

lry

270.74'LOT 5

csM 8572

sE coR. oF NE 1//4sEc. 't7, TsN, R22E.coNc. MoN. wïHBRASS CAPN: 332,77s.73Ê 2,559,542.44

R.A. Smith National, Inc.Beyond Surueying

ond Engineering

16745 W Bluemound Roâd, B@kñ€ld W|53005262-7A1 -1O0O F ax 262-797-7373 w Esmilhnaliona¡ @mAppleton, Wl OEnge County, CA Pillsbugh, PA

SSl65E99Wg\cs@rw owcstrE¿T J

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CB=NO5'++'54'W á.CH=52.55'R=227,

L:52.66'

1.

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1.50',

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LOT1J4,31 03.065J

1

sq.ft.ogeS LOT 2 S6J58,09,E

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N0029'

11.O2'

1.79's89t5'

oz

LOT 351,058 sq,ft.1,172f ocres

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SHEEÏ 1 OF8 SHEETS


A division of Lot4of Certified Survey Map No.8572, in the Northwest 1/4 and Northeast 1/4 of theNortheast 1/4 of Seclion 17, fown 5 North, Range 22 East, in the City of Oak Creek, Milwaukee County, Wisconsin

MONUMENT SIGN EASEMENT

CB=S25'25'56'WcH=23.68'R=36.00'L= 24.08'

NB9'07'11"W 50,1J' s89'07'01"Eb-UU

rriINl=

l-rlrna,ol' È

WEST DREXEL AIENUE

WEST TOWN SAUARE WAY

NOISE ABATEMENTTÌìe loß ofthis l¿nd division may cxperience noise ¡l lcvcls exceeding the levels ¡ns TBns 405 04 Table I fhese levels arc bæed on fcdeml st¿ndards O\heÉ ollhese loß are responsible for abaling noisc sùffÌcient to protec¿ th6e Ioß

ACCESS RESTRICTIONAll lols an¿ blocks are hcreby rsficted so that no ome¡, possessoa, user, l¡censeeor other peÊon may have any righ( ofd¡ræt vehicular ingrcss from or cgress to anyhighway ly¡ng w¡thin the right of vay of S.T.H, "38", ¡t is expressly intended thatth¡s restr¡ction constitùlc a reslriction for lhe be¡elit ofthc public as provided in s

236 291, St¡ts, ¿nd sh¿ll be eilfo@rble by the dcpâñment or rts ¿ssigns

HICHW,A,Y SETBACK RESTRICTIONAll highway setbaçk ¡cstrict¡ons have been rcleæcd by WDOT - see Documenlrecorded sepaÉtely

. orisinal 50' H¡ghway setback depicted on CSlvl 6759, recorded as DocumEnlNo. ?846552and AJìidavit ofConec¿ion rccorded as Document No 8ll2l78

. Highw¿y setback reduced to 30' by AmduviL ofCorecnon recorded ¿s

Document No. 9642782.. Successive divisions by Cedilled Sudcy Mâps 7619, 7819, 8185. 84ó8, 8542

& 8572 have not altered or 16l¿ted the above resfict¡on

TRAFFJC VISTBILITYPer SEC I 7 0401 of the Cily oÍOsk Crcek Zon¡ng Code, No obsLrucl¡ons, such trstdcturcs, parkiÂ9, or veßelôt¡on, sh¿ll be pem¡lted in any d¡strict beween Lhe

heights offwo and one-h6lf(2 %) feel ônd l0 leç( above the plane ürrough then@n curb g¿des withi¡ lhe riangular space fomed by any No (2) ex¡sting orproposed inlc6ectin8 s{ræ( or ¿lley ¡ighL{f-say lines and a line joining po¡ntJ onsuch lines located å m¡n¡mum oi l5 feet frcm their ¡nteÉect¡on. In the Câse ofA.rter¡al Strccls ¡nlcßect¡ng w¡th other streets or railvays, the comer cut{ffdistances establishing tIe v¡s¡on triångle cleaRnæ space shall be lncreased to 50lêt lllustrâtions are provided in SEC l? olthe Zon¡ng Code

100 200


and Engitvering

16745 W Bluemound Road, Aruokield W 53005262-7A1-1000 F e\ 262-797-7373 M Ésmilhnalional æmApplelon, Wl Orangê County, ÔA Pinsburgh, PA

S:ú 165899Ws\cs@¡ 100 Dwc\sHEET4

oa@ s00'33'01 "w

2.30' SA3'24'23"E67.20' s89

\-6' GASM

9-

UdooJ

ôLOT 2

BIORE'IENTONEASEMENf

./..b

LOT J

-<\-ú

BIORE'IENTONEASEMENT

w¿ç-

J

o

Ërou_

L7

I

0

LOT 1

SE€ SHEET 5 FOR UNE & CUR\E TABLES

BIORETENT]ON EASEMENT

+:l

I

-t-O

1 c'l

MONUMÊNT SICN

ABOVESEE

!Jtsoz-_ &u9u>o;z

-u

I

sB9'07'01"E 184.25', ^_ _ \-s)

GRAPHIC SCALE

Feet

SHEET 4OF8 SHEETS


A division of Lot 4 of Certifìed Survey Map No, 8572, in the Northwest 1/4 and Northeast 1/4 of theNortheast 1i4 of Section 17, Town 5 North, Range 22 East, in theCityof Oak Creek, Milwaukee County, Wisconsin

s89'07'Or "E

WES-T DREXEL AVENUE

LOT I

BIORETENTION EASEMENT

6.OO'so0'33'01'w

2.30's83'24'23'E67,20'

c-!

-/¿

oo@

oN

s89 05 50'E

I404.39'

LOT JcsM 8572


ond Engineeñng

16745 W, Blue¡nound Road. Ercokfeld Wl 53005262-7A1 -1000 F ax 262-797-7373 w.Esmilhnational @mAppleton, Wl OEnge County, CA Pitbburgh, PA

5:U ló5899W9\cs@tL00 0wcsHEÉll

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o;z

g

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q'_ _s8_g'07'01"q 18425' __tI

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WEST IOM\ SQUARE WAY

UlzIJJIoI

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aØUoo

ÉJlOI

oz

Cum Toble

CUM t Løgth Rodlus Chord Boorlng Chord

c1 t6.37 10.12 N45'52'5,t'E 14.7+

c2 16.37 10.+2 s#1r7'05'E 11.71

c3 9.29 25.42 sl121'02'W 9-21

c4 72.21 227.50 N80!1'25'W 71.91

cs 29.18 227.50 N671s'22'W 29.16

c6 't8.15 51.19 N12.35'17'E 18.O5

c7 20.88 1 0.J5 N60l +'1 5'E 1 7.sl

c8 97.65 289.t3 s521 6'52"E 97.19

c9 17.61 10.32 S01 7',+2'W 15.55

clo 11.32 227.50 N,1552'25'W 14.25

cl1 Æ.t5 227.SO N57T1'04'W .É.06

cl2 t4.54 227.50 N3827'42'rY 14.5+

ct3 t+.6+ 227.50 N3.r'471 t'll 1,1.64

c1+ 17.18 10.+2 s781 J'O1'E 15,J0

ct5 88.51 272.50 s21'41'O7"E 88.12

ct6 20.73 11.50 s3sl 5'o3't{ 18.03

c17 81,65 227.50 N2259'39'w 6'l.21

c16 20.40 289.1 5 s5986'og'E 20.J9

cl9 77.25 289.r 3 ssol s'J6'E 77.O3

LOT 2

:cc /

"à.,/

0

EASEMENT

100 200

"z

GRAPHIC SCALE

Feet

BIOREÏENTIONEASEMENl

12.O'WE ENERGIES

EASEMENI

LOT J

57.0'-\-B|oREÌENnoN'Ê EASEMENT

N\o

!

-lI

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25.O'UTlUlYEASEMENI

LOT 4

oto\u_\

U

Llnc Toble

lJno I 0Írêctlm Lonqth

L1 N052'49'E 22.50

12 s052'49'W 1 5.99

L5 s22"+4'38'tY 11.6J

L+ N22'44'3A'E 11.83

L5 s5,+.JJ'25'W 32.62

L6 N5,l'J3'25"E 3+.01

L7 N89î7't't'W 3r.71

p

üto

SHEET 5 OFE SHEETS

City of Oak Creeküommon Council Report


ttem No.: !.1

Recommendation: That the Council adopts Resolution No. 11556-1 10514 approving a

certified survey map for the property a|7941 S. Howell Avenue.

Background: One West Drexel, LLC is requesting approval of a Certified Survey Map(CSM) for the propedy at7941 S. Howell Avenue. This is the second of two CSMs onthis evening's agenda affecting this property, and will divide the property into two lots forfuture development at the southeast corner of Delco Drive and Drexel Avenue.

Each proposed lot meets the minimum lot width and area requirements for the zoningdistrict.

The Plan Commission has reviewed this request and has recommended its approvalwith the following conditions:

1, That all technical corrections are made prior to recording.2. That storm sewer and bioswale easements are updated on the map prior to

recording.3. That all electric and gas easements are included on the map prior to recording.

Fiscal lmpact: This CSM affects property that will be developed with mixed-usebuildings, to include retail and restaurants. The property is part of Drexel Town Squareand TID 11.

Prepared by: Respectful ly su bm itted,

ug Seymour, AICP Gerald Peterson, ICMA-CMCity AdministratorDirector of Community Development

Fiscal Review by.

Brid SFina Director/Comptroller

RESOLUTTON NO. r 1556-r I 05 l4

BY

RESOLUTION APPROVINC A CERTIFIED SURVEY MAPFOR ONE WEST DREXEL, LLC.

7941 S. Howell Avenue(2"d Alclernran ic District)

WHEREAS, it appears that the cerlified survey map subrnitted by ONE V/ESTDREXEL, LLC., hereinafter referred to as the subdivider, is in cornpliance with all statutoryrequirements; and

WHEREAS, the subdivider has cornplied with all of the applicable ordinances andresolLrtions of the City of Oak Creelç, and

WHEREAS, the Plan Conrmissiorr has recomnrended that this certified survey nrap be

approved subject to any technical corrections bring made prior to recorcling;

NOW, THEREFORE, BE lT RESOLVED that this certified survey map, in the City ofOak Creek, Wisconsin, is hereby approved by the Cornmon Council subject to any technicalcorrections being rnade prior to recording, that storm sewer, and bioswale easelneuts are updatedon the map prior to recording, and that all electric and gas easenrents are included on the mapplior to recording.

IntrodL¡ced at a regular rneeting of the Cornrnon CoLrncil of the City of Oak Creek heldthis 5th Day of Novernber, 2014.

Passed and adopted th is _ clay of , 2014

President, Cornmon CoLrnciI

Approved this _ clay of 2014

Mayor

ATTEST

City ClerkVOTE: Ayes Noes

t P-1 -t #P-'l ] r

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I LSubject Property

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E KÉNDALE OR

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Lâkotonl ove,by D'st¡d (tOD)

M rsd Uso Noishborhood Oôilôy INO)

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Roqionâl Retâf Ovo¡¡y Os[þt {RR,

L6gendffit."--'-.1

Location MtpVV41 5. H0well Ave.

w

OAKCREEK sïhis map is not a survey of the actual boundary of any

property this map depicts-

t¡ilsçoNslN -Deportment of Community Development


Adivisionof Lotl of CertifiedSurveyMapNo. intheNortheastli4oftheNortheastl/4of Section17, Township 5 North, Range 22 East, in the City of Oak Creek, Milwaukee County, Wisconsin.

THESE PARCELS ARE AFFEC]ED By OFF|qALLY MAppED Ar-.1 DIMENSIONS SHOlTll ARE MEASURED TO THE NEAREST

SIREETS. HUNDREDIH 0F A FOoT.AI,J- EEARINGS ARE REFERENCED TO 'IHE N. UNE OF THE NE

a TNDTCATES 1', |RON ptpE (FOUNo), UNLESS NOIED 1/,+ OF SECT|ON 17, T 5 N, R 22 E, tvt-ilCH BEARS

o rNDrcA'rES sEr r.rls'o.o. rRoN prpE Ar rEAsr lE'rN !ç3*í:t;5ri5 THEEwscoN'N srATE PLANE cooRDlNA'rE

LENGIH, I.68 tBS. PER UNEAL FOOT.

SEE SHEETS 2 6. J FoR LOT DETAIISSEE SHEETS 4 6. 5 FOR EASEMENT DETAILS

FeetGRAPHIC SCALE

NE CoR OF NE l/4SEC 17,T5N. R22EcoNc MoN wllHC8=N22I4'06'E

CH-27.67'9/!

-ß=* ¡l: UNE NE 1/4

o@

WLST qBEXEL¿VENUE

SECÌroN 17_ 1.189.07.01N69'07',01'w 919.55'

cB-N44r07'00'lY

BRASS CAPN:335,42o.29E:2,559,568.08E_

NW COR OF NE 1/4sEc 17,T5N, R22ECONC MON HÏHBRASS CAPN: JJs,,fttl.06E:2,256,922.88

II

+ -T

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R=227L-149.54'

sE coR. oF NE 1/4sEc. 17, T5N, R22ÊcoNc. MoN. wl'tHBRASS CAPNt 332,775.73Et 2,559,542.14

R.A. Smith National, Inc.Bryond Sune/ng

and Engircning

16745 W, Bluemound Road, 8r@kfeld Wl 53005262-781-1000 Fax 262-797-73/3 wGsm¡hnational@Appleton, Wl OEnge County, CA Pißbu.gh, PA

S:U l65E99Uws\c$0tL00DwosHEET I

åt5ruil

J

1.50'LOT T

63,3o7 sq.ft.1.453J ocrcs

hNdrO

51.51

7'F-

È.,16.4S'

LOT 271,00J sq.ft.1.6J00 ocres

s8J24Jo.06,

W l'-m'

SHEET 1 OFs SHEETS


Adivisionof Lot'1 of CertifiedSurveyMapNo._, intheNortheastl/4oftheNortheastl/4of Section17, Township 5 North, Range 22 East, in the City of Oak Creek, l\/ilwaukee County, Wisconsin.

$ru9.26

I nr,

R=JE.00'L:24 08'

NE9'O7'11"W 50.13'

MONUMENT SIGN EASEMENT

cB=S25'25'56'WCH=23.68'

WEST TOW! SQUARE WAY

WEST DREXEL A!€NUE

,dINl=l+l'Nlpo,olØj

$l.ioo@

6.oo'

sa3'2+'23'E67.20'

UEoooJUoItsloØ

NQISE ABATEMENTThc lols oft¡¡s land divis¡on may exp€rienæ noi* ar levels exceeding lhe levels ins. TÉns 405.04 Table I l'hese levels are b¡sed on fedeml sbnd¿rds OMcñ oflhee lob are responsible for obat¡ng nojsc suffìciont to protæt these loß

ACCESS RESTRICTION

^ll Iols and blocks arê hereby rcstricted so that no owner, possessor, user, licemæ

or other pæon may have my right of diræt vchicular ingrcss lìom or egros ro anyhighway lyinS withjn thc right-of-way ofS,1.H. "18", jt is expr6sly intended rhatthis restriction coßL¡tule a rcstriction for lhe benefit oI tìe publ¡c âs provideri in s.

236.293, Shts , and shall be enforceablc by Lhc depatnìenl or ¡ts assigrs

HICHWAY SETB CK RESTRICTTONAll highway setbrck res¡¡iclions have bæn released by WDOT - see Documcntrecorded s€paBtely.

. Original 50'Hi8hw¿y selback dep¡cted on CSM 6759, recorded as DocumcnrNo 7846552 and AiTdavit ofCoûection @onded s DocumcntNo. 81321?8,

. Highway setback ßduced to 30' by Alìidrv¡( ofCorection ræordcd asDocumentNo 9fl2782

. Successive d¡v¡siors by Cetilied Suryey Maps 7619, 7819, 8185, 8468, 8542& 8572 havc not altcred or resloted lheabove Ériclion.

TRAFFIC VISIBILITYPer SEC. I 7 040 I of the Ciry of Oak Crcek Zon ¡ng Code, No obsNctions, such æstructu¡es, p¡rkiog, o¡ vegetat¡on, sh¿ll be pemitcd in any disrict beileen theheiShLs ofNo ând onejall(2 %) Iæt and l0 feet ubove the plån€ through themean curb gndes wilh¡n lhe hiaûgular space f'omed by rny No (2) ex¡sl¡ng orproposed inteGecting sl¡ect or alley right{f-way lines and a linejoining points onsuch lines locoted a minimM of l5 feel lìoo their inteßection ln the C6c ofAlcri¿l Slrecß ¡nteßrc1¡ng wjth other streets or m¡lways, the come. culoffd¡sl¿nc6 eslabl¡sh¡ng thc vision triangle cleamnce spacc shall be jnff6ed ro 50feet fl lustralions are pruvided in SEC I 7 o l" the Zorin g Codc

100 200

R.A. Smith National, Inc.Bqond Sumeying

and Etgineríng

16745 W Blucñound Road, B@kfreld W|53005262-7 81- 1000 F ax 262-797-7373 w Esm¡lhmt¡øal æmApplelon, Wl Orange Counly, CA Pilbbureh, PA

S:Ul65899Vvg\cs80t@ DwosHEÊI2

SHEET 2OF5 SHEETS

ç\

LOT 1

MONUMENT SIGN

AIL ABO\ESEE

5l

STORM SEWER/

_ _ s8s'07'ol"E _L8L2! J_I

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LOf 2

I t

EASEMENT

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oû>o; z l')

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3ãLino Tqble

Llnc a Dlrcctlon Lmgth

L1 N052'49'Ê 22,50

t2 s0'52'49"W 'tJ.99

LJ s22"+4'J8'W 11.63

L4 N22'4,+'58'E 11.83

L5 s0'55'00'vt 52.82

Curue Toblc

Curvê, Length Rodius Chord Beorlng Chord

c1 16,37 10,42 N45'52'5+"E 1+.7+

c2 '16.37 10.12 s44!7'05"E 1+.71

CJ 9.29 25.12 s1121'02"W 9-21

c4 72-21 227,50 N80l]1'25'W 71.91

c5 29,18 227.50 N67'1 5'22'W 29.16

c6 18.15 5r.l I N12'J5'17'E 18.05

c7 20.88 .l0.35N601 4'1 5'E 17.51

c8 20.40 289.1 3 s59'56'09'E 20.J9

c9 4€.t5 227.50 N57'51'04"W ¡l€.06

GRAPHIC SCALE

Feet

3

2dMINUTES

LICENSE COMMITTEETuesday, October 28,2014 at l0:30 A.M

1. This meeting was called to order at 10:30 a.m.

2. Present were: Ald. Ruetz, Ald. Gehl and Ald. Kurkowski. Also in attendance was Deputy City Clerk ChristaMiller.

The Committee reviewed an Operator's license application submitted by Michael Wright, 626 E. KilbournAve., Milwaukee (Aldi). Mr. Wright was in attendance.

On his application, Mr. Wright indicated that he has no prior convictions.

The police record check showed a conviction in 2010 for Underage Alcohol in Madison.

Mr. Wright was questioned as to why this conviction was not listed. He indicated that he knew he receiveda tickeVcitation, but as this happened on the University of Wisconsin campus, by campus police, he was notaware that it would appear on his record.

Ald. Gehl, seconded by Ald. Kurkowski, moved to grant an Operator's license to Michael Wright, 626 E.

Kilbourn Ave., Milwaukee (Aldi). On rollcall, allvoted aye.

The Committee discussed the need for a meeting in November. The next meeting is scheduled forTuesday, November 25,2014, at 8:30 a.m.

Ald. Gehl, seconded by Ald. Kurkowski, moved to adjourn this meeting at 10:40 p.m. On rollcall, allvotedaye-

4