COMMON COUNCIL Packet - 4/23/2019CITY OF MUSKEGO
COMMON COUNCIL AGENDA
04/23/2019
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Announcements
PUBLIC COMMENT
CONSENT AGENDA
Approval of Operator Licenses
Resolution #031-2019 - Establishing an Ad Hoc Committee to Review and Report to
Council Program Services, Ridership, Grants and Other Funding Sources for Seniors and
Ambulatory Adults with Disabilities Taxi Service
Resolution #032-2019 - Appointment of Aldermen to Various Boards and Committees
Resolution #033-2019 - Appointment of Citizen Members to Various Boards,
Committees and Commissions
Resolution #034-2019 - Declaring Certain Weeds to be Noxious
Resolution #035-2019 - Appointment of Weed Commissioner for the City of Muskego
Resolution #036-2019 - Resolution Declaring May 11, 2019 as International Migratory
Bird Day in Muskego
Resolution #037-2019 - Approval of Agreement between Water Bugs Ski Team, Inc. and
City of Muskego for Pier Placement, Water Ski Jump, and Show Events at Idle Isle
NEW BUSINESS
Resoluton #038-2019 - Disallowance of Claim-Pinnacle Peak Properties
UNFINISHED BUSINESS
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Common Council Agenda 2
4/23/2019 6:00:00 PM
Ordinance #1428 - An Ordinance to Amend Chapter 294 of the Municipal Code of the
City of Muskego Regarding Sexual Offender Residency and Loitering Restrictions
within the City of Muskego. Second Reading.
REVIEW OF COMMITTEE REPORTS
Finance Committee - March 26, 2019
Parks and Conservation Committee - November 8, 2018
Public Works and Safety Committee - March 11, 2019
LICENSE APPROVAL
Approval of Temporary License to Sell Fermented Malt Beverages - Metro Milwaukee
Indian Motorcycle Rides Group, W191 S7757 Racine Avenue - June 1, 2019
Approval of Temporary License to Sell Fermented Malt Beverages and Wine - Muskego
Area Chamber of Commerce - Parking Lot for Jammin' on Janesville June 7, 2019
VOUCHER APPROVAL
VOUCHER REPORT
Utility Vouchers
Tax Vouchers
General Fund Vouchers
Wire Transfers for Debt Service
Wire Transfers for Payroll/Invoice Transmittals
CITY OFFICIALS' REPORTS
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Updates from Aldermanic Liaisons:
Muskego Senior Taxi - Alderperson Borgman
Muskego Festival Committee - Alderperson Wolfe
Muskego Historical Society - Alderperson Madden
Little Muskego Lake District - Alderperson Engelhardt
Advanced Disposal Services Emerald Park Landfill Standing Committee -
Alderperson Madden
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Common Council Agenda 3
4/23/2019 6:00:00 PM
FUTURE AGENDA ITEMS
ADJOURNMENT
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF
THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION
WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL
BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100.
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OPERATOR LICENSE APPROVALS
COMMON COUNCIL – 04/23/2019
Bobbie Bartolotta
Allison Groth
Magan Jarentowski
Jennifer Jender
Kyla Mackai
Jake Rosynek
Natasha Tercher
Michael Thomas
T:\Departments\FinanceAdmin\Clerk\Licenses\Oper Lic Approval Lists\2019
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Approval of Operator Licenses
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COMMON COUNCIL – CITY OF MUSKEGO
RESOLUTION #031-2019
ESTABLISHING AN AD HOC COMMITTEE
TO REVIEW AND REPORT TO COUNCIL PROGRAM SERVICES, RIDERSHIP,
GRANTS AND OTHER FUNDING SOURCES FOR SENIORS AND AMBULATORY
ADULTS WITH DISABILITIES TAXI SERVICE
WHEREAS, In January of 2008, the Muskego Senior Taxi was licensed in the City;
and in April of 2008, the Muskego Senior Taxi began providing taxi service for the
community’s senior citizens and ambulatory disabled adults; and
WHEREAS, to better understand the program services and funding sources, and
provide transparency and accountability, the Council wishes to establish a Committee
to review and to report to the Common Council the specifics of the service and
funding sources within Waukesha County; and
WHEREAS, the Muskego Senior Taxi is to submit to the Committee its Form 990 and
relevant financial statements for calendar year ending 2017, Financial Ledger for
2018 detailing all expenditures and revenues, and supply 2019 quarterly financial
status report no later than two (2) months following such quarter end.
WHEREAS, the Mayor will appoint two Aldermen, a County representative, and an
elected member of the Muskego Senior Taxi Board to the Committee and the Mayor
shall serve as the Chairperson.
NOW, THEREFORE, BE IT RESOLVED that said Committee shall be charged with
making a written report to the Common Council by August 23, 2019 and specifically
the written report to include the following:
Specific terms and conditions of operating a taxi service for senior citizens
and ambulatory adults with disabilities program in Waukesha County.
Statistics and funding sources for the current program.
Affiliated support services offered through Waukesha County (ERAS,
FARN, etc.)
Best practices of Waukesha County seniors and ambulatory adults with
disabilities programs.
BE IT FURTHER RESOLVED, said Review Committee shall upon submission of the
written report to the Common Council and thus completion of the work for which said
Committee is charged shall dissolve.
Adopted this 23rd day of April, 2019.
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SPONSORED BY:
COMMITTEE OF THE WHOLE
This is to certify that this is a true and accurate copy of Resolution #031-2019 which was
adopted by the Common Council of the City of Muskego.
______________________________
Clerk-Treasurer
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #032-2019
APPOINTMENT OF ALDERMEN TO
VARIOUS BOARDS AND COMMITTEES
WHEREAS, It is the responsibility of the Mayor to appoint a representative of the
Common Council to the Library Board, Parks & Conservation Committee, and
Community Development Authority.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego does hereby approve the appointments of the following Aldermen to serve as
Common Council representatives:
Library Board Alderman Rob Wolfe
(Term to Expire 4/20/2020)
Parks & Conservation Committee Alderman John Engelhardt
(Term to Expire 4/20/2020)
Community Development Authority Alderman Rob Wolfe
Alderman Neil Borgman
(Terms to Expire 4/20/2020)
DATED THIS 23RD DAY OF APRIL , 2019.
SPONSORED BY:
Mayor Kathy Chiaverotti
This is to certify that this is a true and accurate copy of Resolution #032-2019 which
was adopted by the Common Council of the City of Muskego.
_________________________
Clerk-Treasurer
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #033-2019
APPOINTMENT OF CITIZEN MEMBERS TO VARIOUS BOARDS,
COMMITTEES AND COMMISSIONS
WHEREAS, It is the responsibility of the Mayor to appoint citizen members to the City’s various
Boards, Committees and Commissions.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does
hereby confirm the appointment of the following individuals to serve as follows:
Board or Commission Appointment Term to Expire
Board of Appeals Joseph Boschert May 1, 2022
Board of Appeals Russell Kashian May 1, 2022
Board of Appeals Aaron Robertson (To fulfill the
term of William Le Doux
May 1, 2020
Board of Appeals Neal Wallner May 1, 2022
Board of Review Henry Posbrig May 1, 2024
Community Development Authority Bonnie Johnson May 1, 2023
Community Development Authority Alex Roelli May 1, 2023
Future Parkland Development Standing
Committee
Harvey Schweitzer May 1, 2022
Library Board Michelle Humphreys May 1, 2022
Library Board Camille Darkow May 1, 2022
Library Board Toni Heinowski (School District)May 1, 2022
Parks & Conservation Committee Barbara Erdmann May 1, 2022
Parks & Conservation Committee Bill Miller May 1, 2022
Parks & Conservation Committee Tracy Blair May 1, 2022
Plan Commission Paul Peardon May 1, 2022
Plan Commission Jeremy Bartlett May 1, 2022
Police and Fire Commission Peter Jaske May 1, 2024
Ad Hoc Committee to Review Taxi
Service
Jill Koebernik
BE IT FURTHER RESOLVED That the Mayor designates Rick Petfalski as 1st Alternate and
Neil Wallner as 2nd Alternate on the Board of Appeals and selects Toby Whipple as Chairperson
of the Parks & Conservation Committee.
DATED THIS 23RD DAY OF APRIL , 2019.
SPONSORED BY:
Mayor Kathy Chiaverotti
This is to certify that this is a true and accurate copy of Resolution #033-2019 which was
adopted by the Common Council of the City of Muskego.
______________________________
City Clerk
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #034-2019
DECLARING CERTAIN WEEDS TO BE NOXIOUS
IN THE CITY OF MUSKEGO
WHEREAS, Section 66.0407 of the Wisconsin Statutes sets forth certain weeds to be
declared noxious; and
WHEREAS, Section 66.0407 provides that the Common Council, by resolution, may
declare other weeds noxious.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego pursuant to Section 66.0407 of the Wisconsin Statutes does hereby declare
that the following weeds be termed noxious weeds within the boundaries of the City of
Muskego, Waukesha County, Wisconsin:
Canada Thistle Wild Radish
Perennial Sow Thistle White Cockle
Bull Thistle Yellow Rocket
Cockleburr Ragweed
Leafy Spurge English Charlock
Field Bindweed Goatbeard
Wild Mustard Indian Mustard
Marijuana Nodding Thistle
DATED THIS 23RD DAY APRIL , 2019.
CITY OF MUSKEGO
Mayor Kathy Chiaverotti
This is to certify that this is a true and accurate copy of Resolution #034-2019 which
was adopted by the Common Council of the City of Muskego.
_________________________
Clerk-Treasurer
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #035-2019
APPOINTMENT OF WEED COMMISSIONER
FOR THE CITY OF MUSKEGO
WHEREAS, It is the responsibility of the Mayor to appoint the Weed Commissioner for
the City of Muskego.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby approve of the following person to serve as Weed Commissioner
for the City of Muskego:
Ryan Beilfuss
Term to expire May 1, 2020
DATED THIS 23RD DAY APRIL , 2019.
CITY OF MUSKEGO
Mayor Kathy Chiaverotti
This is to certify that this is a true and accurate copy of Resolution #035-2019 which
was adopted by the Common Council of the City of Muskego.
_________________________
Clerk-Treasurer
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #036-2019
RESOLUTION DECLARING MAY 11, 2019 AS
INTERNATIONAL BIRD DAY IN MUSKEGO
WHEREAS, migratory birds are some of the most beautiful and easily observed wildlife that share our
communities, and
WHEREAS, these migrant species also play an important economic role in our community, controlling
insect pests and generating millions in recreational dollars statewide, and
WHEREAS, migratory birds and their habitats are declining throughout the Americas, facing a
growing number of threats on their migration routes and in both their summer and winter homes, and
WHEREAS, public awareness and concern are crucial components of migratory bird conservation,
and
WHEREAS, citizens enthusiastic about birds, informed about the threats they face, and empowered
to help address those threats can directly contribute to maintaining healthy bird populations, and
WHEREAS, since 1993 International Migratory Bird Day (IMBD) has become a primary vehicle for
focusing public attention on the nearly 350 species that travel between nesting habitats in our
communities and throughout North America and their wintering grounds in South and Central
America, Mexico, the Caribbean, and the southern U.S., and
WHEREAS, hundreds of thousands of people will observe IMBD, gathering in town squares,
community centers, schools, parks, nature centers, and wildlife refuges to learn about birds, take
action to conserve them, and simply to have fun, and
WHEREAS, while IMBD officially is held each year on the second Saturday in May, its observance is
not limited to a single day, and planners are encouraged to schedule activities on the dates best
suited to the presence of both migrants and celebrants, and
WHEREAS, IMBD is not only a day to foster appreciation for wild birds and to celebrate and support
migratory bird conservation, but also a call to action.
NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Muskego does
hereby declare May 11, 2019 as International Migratory Bird Day in the City of Muskego, and urges
all citizens to celebrate this observance and to support efforts to protect and conserve migratory birds
and their habitats in our community and the world at large.
DATED THIS 23RD DAY OF APRIL, 2019.
SPONSORED BY:
Mayor Kathy Chiaverotti
This is to certify that this is a true and accurate copy of Resolution #036-2019 which was adopted by
the Common Council of the City of Muskego.
________________________________
Clerk-Treasurer
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #037-2019
APPROVAL OF AGREEMENT BETWEEN
THE WATER BUGS SKI TEAM, INC. AND CITY OF MUSKEGO FOR
PIER PLACEMENT, WATER SKI JUMP, AND SHOW EVENTS AT
IDLE ISLE
WHEREAS, The Water Bugs Ski Team, Inc. and the City of Muskego desire to enter
into an Agreement for Pier Placement, Water Ski Jump, and Show Events at Idle Isle for
2019; and
WHEREAS, The Finance Committee has reviewed the attached Agreement and
recommends approval to the Common Council.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the Agreement for Pier Placement, Water Ski Jump, and Show Events at Idle Isle for
2019.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the Agreement and the City Attorney is authorized to make
substantive changes to it as may be necessary in order to preserve the general intent
thereof.
DATED THIS 23RD DAY OF APRIL , 2019.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #037-2019 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
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AGREEMENT
WATER BUGS SKI TEAM, INC. and CITY OF MUSKEGO
Pier Placement, Water Ski Jump, and Show Events at Idle Isle
THIS AGREEMENT is made by and between the Water Bugs Ski Team, Inc., a
Wisconsin corporation, hereafter referred to as “Water Bugs,” and the City of Muskego,
hereafter referred to as “the City.”
WHEREAS, Water Bugs understand it may be necessary for Water Bugs to obtain
appropriate approvals, if any, from the Wisconsin Department of Natural Resources,
hereinafter referred to as “WDNR”, for said pier placement on Little Muskego Lake; and
WHEREAS, Water Bugs understand it is necessary for Water Bugs to obtain
appropriate approvals from the WDNR, to place a water ski jump on the bed of Little Muskego
Lake; and
WHEREAS, the City’s approval of the placement of said pier and ski jump is conditioned
upon the execution of this Agreement.
NOW, THERERFORE, in exchange for the execution of this Agreement and other good
and valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
Water Bugs and the City agree as follows:
1. Term of Agreement
A. The term of this Agreement shall commence on the date on which Water Bugs obtain all
required approvals from all governing bodies and agencies, including, but not limited to,
the WDNR, for placement of a water ski jump on the bed of Little Muskego Lake and the
placement of the pier on the Lake. Water Bugs shall provide the City copies of all
approvals obtained by Water Bugs under this Agreement. If no approvals are
necessary, Water Bugs shall provide the City with a statement to that effect. Unless
earlier terminated by action of the City, the term of this Agreement shall terminate on
the 30th day of September, 2019.
B. The term of this Agreement shall automatically terminate in the event Water Bugs is
properly ordered or otherwise required to remove the water ski jump from the bed of
Little Muskego Lake or the pier from the Lake by any governmental authority or agency.
C. Upon termination of this Agreement, Water Bugs shall remove the ski jump from the bed
of the lake and the pier, together with any related equipment and materials, within seven
(7) calendar days or no later than September 30, 2019.
2. Ownership and Placement of Pier
A. At all times during the term of this Agreement Water Bugs shall be the sole owner of the
pier located at Idle Isle Park, W182 S6666 Hardtke Drive in the City of Muskego. Water
Bugs cannot, without the prior written approval of the City, assign any ownership
interests in the pier or any of Water Bugs’ rights, duties, or obligations under this
Agreement to any person, entity, or association.
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2019 Agreement – Regarding Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 2
Water Bugs Ski Team, Inc. and City of Muskego
B. Water Bugs shall be responsible for the physical placing and removal of the pier from
Idle Isle Park and Little Muskego Lake. The physical location of the pier shall be placed
at a distance of thirty (30) feet from the 5' x 32' pier abutting the boat landing (see
Exhibit A) having a maximum length of thirty (30) feet.
C. Water Bugs will allow the City and the public to use this pier at all times that it is not
scheduled for exclusive use of Water Bugs. Water Bugs will make five signs, with prior
approval of the Public Works and Development Director. Two signs will indicate that
the swimming area will be decreased in size ten minutes prior to and throughout the
practice and will be closed during show times as posted on the beach and at the
entrance of the park. The swimming area will be increased to its original size ten
minutes after the show or practice time unless in the case of a cancelled show or
practice. The other two signs will indicate that the pier will be closed to the public one-
half hour prior to and throughout the practice/show times posted at the pier and at the
entrance of the park. The pier will be open to the public one-half hour after the show or
practice time unless in the case of a cancelled show or practice. The last sign will
indicate that Water Bugs’ pier is not to be used for public swimming, diving, or jumping
from and no public boats shall be docked/moored to said pier.
D. Water Bugs shall be solely responsible for and shall promptly perform all maintenance
and upkeep required or recommended for the pier and signs. In the event Water Bugs
fail at any time to perform any maintenance or upkeep reasonably deemed necessary
by the City, upon written notice to Water Bugs the term of this Agreement shall
immediately terminate.
3. Ownership and Placement of Ski Jump
A. At all times during the term of this Agreement, Water Bugs shall be the sole owner of
the ski jump located at Idle Isle Park, W182 S6666 Hardtke Drive, and PT NE 1/4 of
SEC 8T5N R20E & PT NW 1/4 SEC 9 AN ISLAND APPROX 1100 FT N OF SE COR
OF NE 1/4 CONT 500 SQ FT VOL 1204/699 DS 3858687 QCD 9/11, in the City of
Muskego. Water Bugs cannot, without the prior written approval of the City, assign any
ownership interests in the ski jump or any of Water Bugs’ rights, duties, or obligations
under this Agreement to any person, entity, or association.
B. Water Bugs shall be responsible for the physical placing and removal of the ski jump on
and from the bed of Little Muskego Lake. The physical location of the ski jump on the
bed of the lake shall be subject to the direction and discretion of the Chief of Police. The
ski jump shall be placed at a minimum of 150 feet from the shoreline of the lake.
C. While the ski jump is on the bed of the lake, Water Bugs shall cause the installation,
maintenance, and operation of a flashing yellow light on the ski jump from dusk to dawn.
The flashing yellow light must be visible for at least 500 feet in all directions.
D. Water Bugs shall be solely responsible for and shall promptly perform all maintenance
and upkeep required or recommended for the ski jump. In the event Water Bugs fail, at
any time, to perform any maintenance or upkeep reasonably deem necessary by the
City, upon written notice to Water Bugs, the term of this Agreement shall immediately
terminate.
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2019 Agreement – Regarding Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 3
Water Bugs Ski Team, Inc. and City of Muskego
4. Usage for Shows and Practices
A. A minimum number of show dates and practices will be set at 14 (show) and 30
(practice), per calendar year. Additional show dates and practices can be requested by
Water Bugs and approved by the Parks & Conservation Committee. Water Bugs, with
its representatives, need to appear annually before the Parks & Conservation
Committee to request their annual parking, show, practice, and water ski lesson dates
no later than March 31st of the current year. Dates can be taken away based on
infractions against Water Bugs. The Parks & Conservation Committee can recommend
this to the Finance Committee.
B. Times for shows/practices (defined by driving boats and making wakes inside of the no
wake buoys):
1) Mid-May to July: 6:30 p.m. to sunset.
2) August: 6:00 to sunset.
C. Set-up times for shows/practices (includes moving the ski jump and take-over of Water
Bugs pier) is defined as setting up equipment on the Water Bugs pier:
1) Mid-May to July: 6:00 p.m. to 6:30 p.m.
2) August: 5:30 p.m. to 6:00 p.m.
D. Take-down after shows/practices by 9:00 p.m.
E. The complete sound system will only be used for show dates and should only be loud
enough for show spectators and participants to enjoy. One speaker may be used for two
practices in mid-July and early August to prepare for tournaments and will only be loud
enough for members to hear the music between the shelter and the beach.
5. Removal of Ski Jump and Return of Buoys to Rectangular Position
A. Buoys and ski jump and any associated permits must conform to any and all
governmental regulations, at all times, concerning piers and ski jumps during the terms
of this Agreement.
B. Ski jump must be put up and removed within the designated set-up and take-down
times in Section 4. See Section 5D, if the weather prevents takedown of ski jump.
C. Buoys in swimming area must be returned to original rectangular position within
Committee’s designated take-down time. This also applies to when the ski team is
giving ski lessons (two separate program offerings) for the Recreation Department.
D. In the event a show/practice is cancelled at any time, the ski jump has already been
moved to the use position, and weather conditions would make it difficult to return the
ski jump to the off-use position, the ski jump is to be anchored by 10:00 am the following
day to the off-use position.
E. Swimming buoys will be the last things moved before show/practice time; no more than
10 minutes prior to show/practice time; and returned to their original location within the
first 10 minutes after the completion of the show/practice time.
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2019 Agreement – Regarding Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 4
Water Bugs Ski Team, Inc. and City of Muskego
F. In the event of hot weather (85+ degrees) when the public is extensively using the
beach, the City will reserve the right to disallow the moving of the swimming buoys on
scheduled practice/show dates.
G. Water Bugs will provide two attendants to manage the vehicle traffic flow and parking
lots before, during, and after all water ski shows and will provide one attendant on
Tuesday evenings when the fishing tournaments are occurring. Times are
approximately 6:00 p.m. to 9:00 p.m. The attendants assigned by Water Bugs will
remain consistent throughout the season. If attendants are not provided, the City
reserves the right to assess Water Bugs a user fee to cover the expense of hiring
attendants.
6. Signage
A. Water Bugs will make the following signs, with prior approval of Director of Public Works
and Development:
1) Beach and Park Entrance Signs: Indicate swimming area will be decreased ten
minutes prior to and throughout the practice times and closed during show times.
The swimming area will be open to public ten minutes after show or practice time
unless in the case of a cancelled show or practice.
2) Pier Sign and Park Entrance Signs: Indicate pier will be closed to public one-half
hour prior to and throughout the practice/show times posted at the pier. Pier will be
open to public one-half hour after show or practice time unless in the case of a
cancelled show or practice.
3) No Public Swimming, Jumping, or Diving Off Pier and No Public Boat Docking:
Indicate that swimming, jumping, or diving is prohibited at all times on or near the
pier. Also, no boat docking to pier.
7. Parking
A. The Committee will issue six (6) parking placards, free of charge, to Water Bugs
designated person. This person can issue these six (6) passes to members of the team
for parking their vehicles in the automobile parking area. These are not for launching
watercraft. The Committee will issue six (6) boat launch stickers, for a reduced rate of
$14.00/sticker, to Water Bugs designated person. These passes must be affixed to the
windshield of the vehicles pulling the boats and cannot be shared among members.
B. Water Bugs equipment trailer will be parked along the perimeter of the boat trailer
parking area, close to the boat wash area.
C. No Water Bugs equipment will be left on the premises, with the exception of the Water
Bugs owned pier, or other items as approved by the Director of Public Works and
Development.
D. There will be no allowance of parking on any grass or park area other than the paved
parking lot. All overflow parking will be directed to the parking lot in Park Arthur.
8. Contact Persons
A. Contact person from Water Bugs will be the President of Water Bugs. Water Bugs will
also be responsible for listing an alternate contact. Water Bugs will designate their
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2019 Agreement – Regarding Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 5
Water Bugs Ski Team, Inc. and City of Muskego
contact person and alternate who will be Water Bugs’ representatives and who will
receive any correspondence. These names will be submitted to the Committee.
B. Contact person from the Parks & Conservation Committee will be the Public Works and
Development Director. The alternate contact person will be the Recreation Manager. If
circumstances would arise not covered by these rules, Water Bugs must contact above
person(s) for a decision.
9. Inclement Weather
A. If weather conditions result in a cancellation of a scheduled show/practice date, a make-
up date will be considered. The make-up date must be confirmed in writing by the
Director of Public Works and Development and must be rescheduled within two weeks
of cancelled date.
B. If cancellation is determined other than at the park (earlier in the day for example), the
Director of Public Works and Development will be contacted.
10. Consequences For Not Complying With Rules
A. The Parks & Conservation Committee will review summer Water Bugs use of the park
at the October meeting in regard to the rules established for the Water Bugs. A monthly
review (activities occurring May-August) will take place as it relates to the two
unscheduled visits to Idle Isle Park by the Muskego Police Department.
1) If a substantiated non-frivolous complaint, as determined by the Muskego Police
Department, is received from a citizen(s), an Alderman, Water Patrolman, Police
Department, Parks & Conservation Committee Member, Director of Public Works
and Development;
2) The Director of Public Works and Development will contact Water Bugs contact
person concerning consequences by phone with a follow-up in writing. The date of
the phone call will serve as the notification of denial of park use as follows;
a. First Offense: Permission to use Idle Isle Park will be denied for the next two
scheduled dates (practice and/or show dates).
b. Second Offense: Permission to use Idle Isle Park will be denied for the next four
scheduled dates (practice and/or show dates).
c. Third Offense: Denial of remainder of year’s schedule, and possible effect on
next year’s request.
11. Ski Patterns
A. In regard to the ski pattern, a 100-foot clearance between boats and Otto Island, Jaycee
Island, and the Idle Isle Park fishing pier must be maintained with permanent buoys,
provided by the City. During Water Bugs use dates, the 100-foot clearance along the
south shore of Idle Isle will be waived and Water Bugs will be allowed to make a wake
inside of thirty feet from Idle Isle. However, during these same dates, the permanent
buoys around Otto Island and the fishing pier, marking the 100-foot distance, can be
moved closer for safety reasons, only if a smaller temporary buoy is used to mark the
100-foot clearance from that island. The permanent buoy marking Jaycee Island can be
moved closer to allow boat traffic within thirty feet. To avoid boat props from hitting a
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2019 Agreement – Regarding Pier Placement, Water Ski Jump, and Show Events at Idle Isle Page 6
Water Bugs Ski Team, Inc. and City of Muskego
temporary buoy marker and/or its anchor, no temporary buoy will be used, but following
each use date, Water Buts will move the permanent buoy back to its permanent
location.
B. Slow-no-wake buoys, located in front of Idle Isle Park, can be temporarily moved for
Water Bugs use during approved practices/shows. All permanent buoys must be placed
back to their original locations by Water Bugs, after each approved use. The Public
Works staff will be responsible for making sure all buoys are installed before the first
and removed after the last approved lake use by Water Bugs. All buoys will be
installed/maintained per approved GPS coordinates (100’ from Jaycee Island
coordinates are LAT: 42 55’22.57172”N LONG: 88 08’37.96325”W and 100’ from Otto
Island coordinates are LAT: 42 55’23.86632”N LONG: 88 08’36.46380”W).
12. Insurance and Indemnification
A. Water Bugs shall indemnify the City and hold the City harmless against and from any
and all liabilities, fines, suits, claims, demands, and actions, including costs and
expenses of any kind or nature, including, but not limited to, attorneys’ fees brought or
asserted by anyone due to or arising out of (a) any default by Water Bugs in observing
any provision of this Agreement required to be observed and performed by Water Bugs,
or (b) any damage to property or injury to person or persons, including death,
occasioned by or resulting from Water Bugs’ ski jump, pier, and signs.
B. During the term of this Agreement, Water Bugs, at its expense, shall maintain
comprehensive general liability coverage, bodily injury coverage, and property damage
coverage, insuring Water Bugs and the City against liability for injury to persons or
property occurring on or about the ski jump, pier, and/or signs or arising out of the
ownership, maintenance, or use of the ski jump, pier, and/or signs. The insurance shall
have a limit of not less than $1,000,000 per occurrence with an aggregate limit of not
less than $2,000,000. Water Bugs shall cause the City to be named as an Additional
Insured for the types and limits of coverage stated above in respect to this Agreement,
and shall, upon request by the City, provide the City a Certificate of Insurance and
written Endorsement to the policy demonstrating Water Bugs’s compliance with the
above insurance provisions.
C. Water Bugs shall provide to City separate written Endorsements to its insurance policies
that provide for the following:
Naming the City as an Additional Insured.
Stating that the Insurance is Primary and Non-Contributory.
Waiver of Subrogation
Notice of Cancellation for any change in the terms or conditions of the policy.
D. Failure to provide the herein named insurance with written Endorsements as stated
shall result in termination of this Agreement.
13. Miscellaneous Provisions
A. Other Governmental Regulations. This Agreement is subject to any and all
governmental regulations as they may be amended from time to time over the term of
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this Agreement. If the Agreement is in conflict with said regulations, the regulations
must be followed.
B. Assignment. Neither Water Bugs nor the City may assign its interest under this
Agreement without the other party’s prior written consent, which may be granted or
withheld in such party’s sole reasonable discretion.
C. Notices. All notices required or permitted by this Agreement shall be given in writing
and shall be considered given upon receipt if a) hand delivered to the party or person
intended, or b) upon facsimile transmission to the fax numbers set forth herein, or c)
email at the address stated below, or d) one business day after deposit with a
nationally recognized overnight commercial courier service, air bill prepaid, or e) three
(3) business days after deposit in the United States mail, postage prepaid, by certified
mail, return receipt requested, addressed by name and address to the party or person
intended as follows:
To the Water Bugs: To the City:
Rick Nelson, President Director of Public Works & Development
Water Bugs Ski Team, Inc.City of Muskego
P.O. Box 111 W182 S8200 Racine Avenue
Muskego, WI 53150 Muskego, WI 53150
Fax No. __________________ Fax No. 262-679-5614
Email: __________________ Email: skroeger@cityofmuskego.org
D. Governing Law. This Agreement shall be interpreted and construed according to the
laws of the State of Wisconsin. Any legal action regarding this Agreement shall be
brought and maintained in the Circuit Court for Waukesha County, Wisconsin.
E. Severability of Provisions. If any of the terms or conditions contained herein shall be
declared to be invalid or unenforceable by a court of competent jurisdiction, then the
remaining provisions and conditions of this Agreement, or the application of such to
persons or circumstances other than those to which it is declared invalid or
unenforceable, shall not be affected thereby and shall remain in full force and effect and
shall be valid and enforceable to the full extent permitted by law.
F. Captions. The captions in this Agreement are inserted only as matters of convenience
and for reference and in no way define or limit the scope or intent of the various
provisions, terms, or conditions hereof.
G. Binding Effect. The terms and conditions of this Agreement shall be binding upon and
benefit the parties hereto and their respective successors and permitted assigns.
H. Entire Agreement. This writing constitutes the entire agreement between the parties
hereto, and all prior statements, letters of intent, representations and offers, if any, are
hereby terminated. This Agreement may be modified or amended only by written
instrument signed by both parties.
I. Counterparts. This Agreement may be executed in one or more counterparts, each of
which will be deemed an original.
J. Representations as to Authority. Each party to this Agreement represents and warrants
that: a) it has the power and authority to consummate the transactions contemplated by
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Water Bugs Ski Team, Inc. and City of Muskego
this Agreement; b) all proceedings necessary for it to consummate the transactions
contemplated by this Agreement have been duly taken in accordance with law; and c)
the persons executing this Agreement on behalf of it have been duly authorized to
execute this Agreement.
K. Dispute Resolution. In the event of a dispute between the Water Bugs and the City
arising out of this Agreement and prior to formal litigation in a court of law, the Waters
Bugs and the City agree to attempt to resolve such dispute through mediation. In the
event that the Water Bugs and the City cannot agree upon a mediator, they shall each
propose a qualified mediator, and such qualified mediators shall choose a qualified
their-party who will mediate the dispute.
L. The parties agree that signatures scanned and sent via email attachment shall be
binding on the parties hereto.
WATER BUGS SKI TEAM, INC.CITY OF MUSKEGO
Rick Nelson, President Date Kathy Chiaverotti, Mayor Date
Water Bugs Secretary Date Sharon Mueller, Dir. Finance/Admin Date
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #038-2019
DISALLOWANCE OF CLAIM
Pinnacle Peak Properties
WHEREAS, The City of Muskego received a Notice of Claim regarding a Reserve
Capacity Assessment Fee of $135,975.00 pursuant to Wisconsin Statutes 893.80 from
Pinnacle Peak Properties on January 3, 2019; and
WHEREAS, After review and investigation, the City’s insurance carrier has
recommended that the City deny the claim in whole; and
WHEREAS, The City’s legal counsel has reviewed the recommendation made by the
City’s insurance carrier and concurs with the recommendation made therein.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby deny the claim in whole submitted by Pinnacle Peak Properties.
BE IT FURTHER RESOLVED That the City Attorney shall provide Notice of
Disallowance to Pinnacle Peak Properties in the manner as prescribed by 893.80
Wisconsin Statutes.
DATED THIS 23RD DAY OF APRIL , 2019.
SPONSORED BY:
This is to certify that this is a true and accurate copy of Resolution #038-2019 which
was adopted by the Common Council of the City of Muskego.
___________________________
Clerk-Treasurer
4/19jmb
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W182 S8200 Racine Avenue Muskego, WI 53150 (262) 679-4100 www.cityofmuskego.org
Jeffrey J. Warchol
City Attorney
April 18, 2019
Common Council
City of Muskego
Re: Pinnacle Peak Properties Claim Regarding Reserve Capacity Assessment
Dear Council Members:
It is recommended that the following claim be denied:
Statewide Claim No. WM000672510166 / Pinnacle Peak Properties Regarding Reserve Capacity
Assessment Fee of $135,975.00
On January 3, 2019, Pinnacle Peak Properties filed a Notice of Claim and alleged damages against the
City pursuant to 893.80 of the Wisconsin State Statutes. The basis of its claim was that the Reserve
Capacity Assessment (RCA) levied against the property owned by Pinnacle Peak Properties was
unreasonable and unjustly discriminatory in nature as well as its contention that the City violated its
own ordinance in the manner by which Pinnacle Peak Properties was notified of the assessment. Prior to
filing its claim, Pinnacle Peak Properties also filed a complaint against the City with the Public Service
Commission (PSC) requesting that the PSC look into the manner by which the City calculates the RCA for
properties located in the City.
Per the terms of the City’s insurance policy, the claim was turned over to the insurance company who
appointed outside counsel to review and investigate the matter. On March 7, 2019, the PSC found in a
written report that the City’s method by which it calculated the RCA is reasonable and consistent with
similarly situated properties in the City of Muskego. This finding severely weakens Pinnacle Peak’s claim.
Please see the memo and attachments from Scott Kroeger for background information and a timeline of
what transpired between Pinnacle Peak and the City resulting in the RCA calculation.
Based upon the above and by working with insurance counsel, it was agreed Pinnacle Peak’s claim
should be disallowed pursuant to 893.80(1g) of the Wisconsin State Statutes. The disallowance of the
claim in this manner will allow the City to shorten the statute of limitations period for which Pinnacle
Peak has to begin legal action against the City to six months.
Sincerely,
Jeffrey J. Warchol
City Attorney
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Reports and Presentations to Finance Committee and Common Council
To: Common Council
From:Scott Kroeger
Department:
Subject:Pinnacle Peak Properties Claim Regarding Reserve Capacity Assessment
Date:April 18, 2019
Background Information:
All new commercial business in the City of Muskego must complete a City of Muskego
Commercial Application. A copy of the “Commercial Permit Application General Requirements”
is attached for reference. Furthermore, on the City of Muskego website, there is the following
information provided as well: City of Muskego Business Approval Procedures
https://www.cityofmuskego.org/330/Business-Approval-Procedures
For the case of the Pinnacle Peak development, please focus on the top of page 2 of the
“Commercial Permit Application General Requirements” which says the following. Sewer fees
are determined by the type of business. For more information contact the Utility
Department at 262-679-4128. As soon as the developer calls the Utility department and ask about
sanitary sewer fees (which includes RCA fees), the utility department can provide an estimate
within a day or 2. This fee is an estimate at this time because the developer usually does not have
completed plans done and is in the planning stages only. The City of Muskego has no records of
Pinnacle Peak development calling the utility department with regards to inquiring about sewer
fees.
Pinnacle Peak development began construction in September 2017. On September 12, 2018 the
City of Muskego calculated the sewer Reserve Capacity Assessment for Pinnacle Peak and it was
mailed out to Pinnacle Peak. (refer to Reserve Capacity Assessment Letter).
On September 25, 2018, the owners of Pinnacle Peak Development (Sherry Czisny and Jay
Schnorenberg) met with Kathy Chiaverotti, Adam Trzebiatowski, Scott Kloskowski, and Scott
Kroeger. The topic of this meeting was the sewer Reserve Capacity Assessment that was received
by Pinnacle Peak Development. During the meeting, Jay and Sherry produced from their files a
copy of “Commercial Permit Application General Requirements” and admitted that they never
called the Utility Department and asked about sewer fees for their development. Also they were
not aware that their development was in the Milwaukee Metropolitan Sewer District (MMSD)
area. Pinnacle Peak Development said they were unaware of this assessment and did not want to
pay it. Pinnacle Peak Development was informed that they could challenge this assessment in
front of the City of Muskego Public Works and Safety Committee.
On October 2, 2018, Pinnacle Peak filed a complaint to the Public Service Commission (PSC) of
Wisconsin against the City of Muskego Sewer Utility with regards to their sewer Reserve
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On October 16, 2018, Pinnacle Peak Development appeared in front of the City of Muskego
Public Works and Safety Committee to challenge their sewer Reserve Capacity Assessment. The
Committee denied their request for zero fees.
The City of Muskego responded to the PSC complaint on October 29, 2018 and on February 6,
2019.
On March 7, 2019, the PSC provided their findings. (Attached PSC letter)
On March 7, 2019, the City of Muskego received a report by R&M who performed an analysis of
our sanitary sewer capacity assessment analysis. (Attached R&M report)
Key Issues for Consideration:
1.
2.
3.
4.
5.
Recommendation for Action by Committee and/or Council:
Date of Committee Action:
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Planned Date of Council Action (if required):
Total $ Needed: $
Fiscal Note(s):
$ Budgeted: $
Expenditure Account(s) to Be Used: #
(3/2019)
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W233 N2080 Ridgeview Parkway Waukesha, WI 53188-1020 Tel. (262) 542-5733
~13-10032 Sewer RCA Rate Review > 100 Review > Correspondence > Kroeger-20190307-RCA Methodology Report.docx~
March 7, 2019
Mr. Scott Kroeger
Public Works and Development Director
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
Re: RCA Methodology Report
Dear Scott:
Please find attached, the Final Report on the Reserve Capacity Assessment (RCA)
Methodology and Analysis. Based upon our findings, we recommend that the current RCA
Charge Chart is applicable and may still be utilized.
If you have any questions on the attached, please contact this office. Thank you for
allowing us to be of service to the City of Muskego.
Very truly yours,
RUEKERT & MIELKE, INC.
Kenneth R. Ward, P.E. (WI)
Vice President/Office Manager
kward@ruekert-mielke.com
KRW:tmg
Enclosure
cc: File
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RUEKERT & MIELKE, INC
W233 N2080 Ridgeview Parkway
2019 Copyright Ruekert & Mielke, Inc. Waukesha, Wisconsin 53188-1020
SANITARY SEWER RESERVE
CAPACITY ASSESSMENT ANALYSIS
CITY OF MUSKEGO
WAUKESHA COUNTY, WISCONSIN
MARCH 2019
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City of Muskego
Sanitary Sewer Reserve
Capacity Assessment Analysis
1
03/07/19
~13-10032 Sewer RCA Rate Review > 100 Review > Reports > RCA FINAL Report.docx~
The City of Muskego Sanitary Sewer Ordinance, Section 290 of the Municipal Code, defines the
methodology of charges for sanitary sewer service. The charges are broken into several
components, a Consumption Charge, a Connection Charge and a Reserve Capacity Assessment
(RCA) Charge. The purpose of this report is to review and determine if the RCA charge
methodology within the ordinance is valid and applicable in its current format. This report will
also review if any revisions are required to the ordinance with respect to the RCA charges.
The majority of the City of Muskego sewer system is tributary to the Milwaukee Metropolitan
Sewerage District (MMSD). Because of this service connection, a significant portion of the
City’s Sewer Ordinance is based upon charges and costs to convey and treat sewage by MMSD.
This includes an apportioned cost for previously constructed downstream facilities such as trunk
sewers, interceptor sewers, pumping stations, monitoring stations and treatment facilities.
The Consumption Charge portion of the ordinance deals primarily with the current costs for the
conveyance and treatment of sewage. On an annual basis, and in accordance with its ordinance
and MMSD rules, the City of Muskego reviews and adjusts these costs. Portions of these costs
are computed in accordance with the MMSD Cost Recovery Procedures Manual (CRPM). The
CRPM is updated annually by MMSD. These updates are important as they take into account
population and occupancy factors. The updates also take into account per capita water usage.
It’s important to note that since 1991, the average daily water use in the broader MMSD service
area has dropped from 64 gallons per capita per day (gpcd) to 53 gallons per capita per day. The
Consumption Charge is not related to the RCA charge.
The second component of the Muskego Sewer Service Ordinance is the Connection Charge.
This is simply a flat fee charge for the cost recovery of infiltration and inflow into the sewage
system.
The third component of the Muskego Sewer Service Ordinance is the Reserve Capacity
Assessment (RCA) Charge. The RCA is wholly different than the Consumption Charge or
Connection Charge. The RCA was instituted to recover costs for all downstream facilities based
upon the potential peak usage of those facilities. Unlike a Consumption Charge, which can be
adjusted annually and is based on water usage and treatment costs, the RCA must pay for
facilities that are designed to have a life of 25 to 75 years. For this reason, RCA costs, whether
for a residential dwelling or a commercial or industrial use may appear high. This is because the
value must, on a one-time basis cover long-term costs. Additionally, because the RCA is
designed to cover costs for ultimate flow capacities, it appears to be a disproportionately higher
cost as most system users confuse it with daily consumption costs. This often occurs as most
current users of the sewage system incorrectly assume that current water saving, or water
efficient appliances and fixtures should reduce RCA costs.
As an example, an institutional use, such as a school or church may have a low average daily
use. As time goes on, that institutional use may undertake renovations and install more efficient
plumbing fixtures. For this reason, their daily use will be lower. However, that same facility has
the potential for peak flow events such as a regular school day plus a parent/teacher conference
plus a large assembly or athletic event. The RCA charge assists to cover the capital costs of
conveyance facilities for the peak flow event.
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City of Muskego
Sanitary Sewer Reserve
Capacity Assessment Analysis
2
03/07/19
~13-10032 Sewer RCA Rate Review > 100 Review > Reports > RCA FINAL Report.docx~
The cost allocation for the Consumption Charge and the RCA charge are based upon Residential
Equivalent Connections (REC). The values of the REC are defined within the ordinance. The
values of the REC charges for the Consumption Charge and the RCA charge are different. All
Consumption Charge REC’s are based on the MMSD Cost Recovery Procedures Manual for
unmetered users and revised annually as determined by MMSD. All RCA REC’s are based upon
ultimate facility use and downstream facility costs. The RCA rates are determined by the City of
Muskego.
The table below represents the City of Muskego sewer use charge structure.
Table 1
Type of Charge Description
Consumption Charge Charge for total operation and maintenance of
the sewerage system related to the wastewater
flow created by the users.
Connection Charge A flat fee charge levied on users for each
lateral to cover the cost of inflow and
infiltration.
Reserve Capacity Assessment A charge levied on all users of the system upon
connection for capital costs for the overall
capacity for peak flow use within the system.
As an example, the MMSD REC cost for a nursing home with single bedroom units is assigned a
value of 0.75 REC/unit. The City of Muskego Ordinance RCA REC rate is 0.50 REC/unit,
which recognizes the difference between consumption flow and facility improvement/capital
costs. The RCA REC Chart also recognizes that there may be additional facilities within a
nursing home (laundry, dining facilities, etc.) as these items add to the peak flow demands.
All of the foregoing information provides a basis for the reasoning of the original
implementation of the RCA charge. It also provides the basis for the difference between the
Consumption Charge, Connection Charge and RCA. The next step is the analysis of the existing
RCA REC Chart and if the values represented are fairly allocated.
The RCA Charge Chart is based upon Residential Equivalent Connections (REC) values. The
use of REC values has long been established by the EPA and MMSD. There are multiple
categories of residential, commercial, industrial or institutional REC values within the Chart.
Two questions arise at this point:
1) Is the RCA REC Chart correct?
2) Is it appropriate to allow the Chart to be additive for a multi-use facility?
For the first question, “Is the RCA REC Chart correct?” we analyzed the ratio of the base REC
value (one single family dwelling unit plus inflow/infiltration) versus the value within the Chart.
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City of Muskego
Sanitary Sewer Reserve
Capacity Assessment Analysis
3
03/07/19
~13-10032 Sewer RCA Rate Review > 100 Review > Reports > RCA FINAL Report.docx~
This ratio was determined by applying the MMSD occupancy factor to the established EPA per
capita flow rate. The resultant ratio for each category was then analyzed. In almost all
categories, the existing RCA REC rate was below the computed ratio. In several cases it appears
that the RCA REC value may be under-valued and subject to review or an increase in base value.
This occurs primarily in the case of restaurant/tavern seats and schools.
For the second question, “Is it appropriate to allow the Chart to be additive for a multi-use
facility?” A review of the Chart and related ratios indicate that it is appropriate to have REC
values additive for multi-use facilities. The simple example would be the RCA Chart that
increases value of 0.25 REC for each additional 5 employees beyond 20 employees. The actual
base flow on a consumption use for 5 full-time employees is:
5 employees x 2.3 gph/employee x 8 hours = 92 gallons.
MMSD gallons per full REC = 264 gallons.
92/264 = 0.35 REC.
0.35 REC is greater than RCA rate of 0.25 REC.
Average consumption usage by additional employees exceeds peak facility flow rate
charge.
From the above example, adding additional RCA rates for each classification generally produced
the same result. Even in instances where higher efficiency water saving devices are used, such
as a laundry machines, still produced similar results.
1) An example of this would be a 100-seat restaurant or tavern. It would most likely
have 20 full-time employees. The base RCA charge of 1.5 REC’s covers the
normal daily use of the sewerage system. The charge of 0.04 REC per seat then
covers the additional peak flow use from food preparation, disposal, dish washing
and cleaning. The downstream conveyance and treatment capacity must be
reserved for both the employees and customers. Therefore, the additive approach
of RCA REC rates is justified.
In conclusion, a review of the RCA charge rate structure and methodology indicates that it is
appropriate and should continue to be used. In several instances, it appears the Chart may under-
represent the impact of the actual use. It is also found that the Chart is applicable on an additive
basis for multi-use facilities.
We recommend that the current RCA Charge Chart and Ordinance continue to be used. It may
be appropriate to review and amend the Ordinance in the following areas:
1) Add a definition of “Reserve Capacity Assessment.”
2) Review individual RCA REC values for updating.
3) Review/update descriptions of some categories of the REC Chart to avoid
multiple interpretations i.e. offices of dentists/doctors should have a REC value of
1.00 per full-time practitioner.
4) State that the RCA REC Chart values are additive as determined by the governing
body or City Engineer as appropriate.
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COMMON COUNCIL – CITY OF MUSKEGO
ORDINANCE #1428
AN ORDINANCE TO AMEND CHAPTER 294 (Sex Offenders)
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO REGARDING
SEXUAL OFFENDER RESIDENCY AND LOITERING
RESTRICTIONS WITHIN THE CITY OF MUSKEGO
(Sex Offenders)
WHEREAS, the Common Council of the City of Muskego had created Chapter 42 (now 294)
Muskego Municipal Code in 2008, by Ordinance 1285-2008, to protect the safety and welfare of
its citizens by creating zones around places where children regularly gather in which sex
offenders are prohibited from establishing residence, and
WHEREAS, the United States District Court for the Eastern District of Wisconsin issued an
Order on April 17, 2017, in the case titled Hoffman v. Village of Pleasant Prairie, which
contained holdings that directly impact the terms of Municipal Code Chapter 294 and make it
necessary to amend the terms of Chapter 294 to comply with the District Court’s holdings.
NOW, THEREFORE, the Common Council of the City of Muskego do ordain as follows:
SECTION 1: Chapter 294 of the Municipal Code of the City of Muskego is hereby amended in
its entirety as follows:
Chapter 294. Sex Offenders
[HISTORY: Adopted by the Common Council of the City of Muskego 11-6-2008 by Ord. No.
1285 (Ch. 42 of the 1964 Code).]
§ 294-1. Findings and intent.
A. The Wisconsin legislature has provided for the punishment, treatment, and supervision of
persons convicted or otherwise responsible for sex crimes against children, including their
release into the community. Indeed, Chapter 980 of the Wisconsin Statutes provides for the
civil commitment of sexually violent persons. The purpose of this chapter is to protect the
public, to reduce the likelihood that convicted sex offenders will engage in such conduct in
the future.
B. The City finds and declares that sex offenders are a serious threat to public safety. When
convicted sex offenders re-enter society, they are much more likely than any other type of
offender to be rearrested for a new rape or sexual assault. Given the high rate of recidivism
for sex offenders and that reducing opportunity and temptation is important to minimizing the
risk of re-offense, there is a need to protect children where they congregate or play in public
places in addition to the protections afforded by State Law near schools, day-care centers,
and other places children frequent. The City finds and declares that in addition to schools
and day-care centers, children congregate or play at public parks and other child safety
locations as defined hereunder.
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Ordinance #1428 2
C. The Common Council finds that the negative consequences of failing to regulate the
movement of sex offenders are a hazard to children and the community. Thus, the Common
Council has a duty and need to regulate where sex offenders reside and loiter within the City
once they are reintegrated into the community. This section is a regulatory measure aimed
at protecting the health and safety of the children in the City of Muskego from the risk that
convicted sex offenders may reoffend in locations close to their residences. It is the intent of
this section not to impose a criminal penalty but rather to serve the City’s compelling interest
to promote, protect, and improve the health, safety, and welfare of the citizens of the City by
creating areas around locations where children regularly congregate in concentrated
numbers wherein certain sexual offenders and sexual predators are prohibited from
establishing residence or loitering; and by regulating certain activities that may be used by
sexual offenders to prey on children.
§ 294-2. Definitions.
As used in this chapter, and unless the context requires otherwise:
CRIMES AGAINST CHILDREN – Any of the following offenses set forth within the Wisconsin
Statutes, as amended, or the laws of this or any other State or the Federal government, having
like elements necessary for conviction and involving a person under the age of eighteen (18)
years, respectively:
Wisconsin Statute Sections:
940.225(1): First Degree Sexual Assault
940.225(2): Second Degree Sexual Assault
940.225(3): Third Degree Sexual Assault
940.22(2):Sexual Exploitation by Therapist
940.30:False Imprisonment-victim was minor and not the offender’s child
940.31:Kidnapping-victim was minor and not the offender’s child
944.01:Rape (prior statute)
944.06:Incest
944.10:Sexual Intercourse with a Child (prior statute)
944.11:Indecent Behavior with a Child (prior statute)
944.12:Enticing Child for Immoral Purposes (prior statute)
948.02(1):First Degree Sexual Assault of a Child
948.02(2):Second Degree Sexual Assault of a Child
948.025:Engaging in Repeated Acts of Sexual Assault of the Same Child
948.05:Sexual Exploitation of a Child
948.055:Causing a Child to View or Listen to Sexual Activity
948.06:Incest with a Child
948.07:Child Enticement
948.075:Use of a Computer to Facilitate a Child Sex Crime
948.08:Soliciting a Child for Prostitution
948.095:Sexual Assault of a Student by School Instructional Staff
948.11(2)(a) or (am): Exposing Child to Harmful Material-felony sections
948.12:Possession of Child Pornography
948.13:Convicted Child Sex Offender Working with Children
948.30:Abduction of Another’s Child
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971.17:Not Guilty by Reason of Mental Disease-of an included offense
975.06:Sex Crimes Law Commitment
FACILITY FOR CHILDREN – A public or private school or a group home, as defined in Wis.
Stats. § 48.02(7); a residential care center for children and youth, as defined in Wis. Stats.
§ 48.02(15d); a shelter facility center, as defined in Wis. Stats. § 48.02(17); a daycare center
licensed under Wis. Stats. § 48.65; a daycare program established under Wis. Stats.
§ 120.13(14); a daycare provider certified under Wis. Stats. § 48.651; or a youth center, as
defined in Wis. Stats. § 961.02(22).
OFFENDER – A person who has been convicted of or has been found delinquent of or has
been found not guilty by reason of disease or mental defect of a sexually violent offense and/or
a crime against children.
PARK/CONSERVATION AREA – Any area held open for use by the public for active or passive
leisure purposes, including but not limited to any park, parkway, recreation or open space area,
beach, playground, conservation area, lake access point or recreational trail. "Park/conservation
area" also means any private lake access point or private beach that owners of two or more lots
or condominium units are entitled use, pursuant to a deed restriction, subdivision plat,
condominium declaration, condominium plat, homeowners' association regulation or similar
rights of common use. [Amended 4-2-2009 by Ord. No. 1289]
PERMANENT RESIDENCE – The place where a person sleeps, abides, lodges, or resides for
fourteen (14) or more consecutive days or which qualifies as a residence under the holdings of
the Wisconsin Supreme Court and which may include more than one location, and may be
mobile or transitory.
SEXUALLY VIOLENT OFFENSE – Shall have the meaning as set forth in Wis. Stats.
§ 980.16(6) as amended from time to time.
TEMPORARY RESIDENCE – Residence or premises meeting any of the following criteria:
A. A place where the person sleeps, abides, lodges, or resides for a period of fourteen (14) or
more days in the aggregate during any calendar year and which is not that person’s
permanent residence as defined in this section;
B. A place where the person routinely sleeps, abides, lodges, or resides for a period of four or
more consecutive or nonconsecutive days in any month and which is not that person’s
permanent residence as defined in this section; or
C. A place where a person sleeps, or which qualifies as a temporary residence under the
holdings of the Wisconsin Supreme Court, and which may include more than one location,
and may be mobile or transitory.
§ 294-3. Residency restrictions.
A. It is unlawful for any offender to establish a permanent residence or temporary residence on
property that is within 1,250 feet of real property that supports or upon which there exists
any of the following uses:
(1) Any facility for children.
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(2) Any specialized school for children, including but not limited to a gymnastics academy,
dance academy, or musical school.
(3) A public swimming pool.
(4) A public library.
(5) A park/conservation area.
(6) A public playground.
(7) A school for children.
(8) Athletic fields used by children.
(9) A day care center.
(10) A tutoring facility.
(11) Aquatic facilities open to the public
(12) A golf course.
B. Measurement of the distance. The distance shall be measured from the closest boundary
line of the real property supporting the residence of a person to the closest real property
boundary line of the applicable above-enumerated use(s).
C. Residency restriction exceptions. An offender residing within one thousand two hundred and
fifty (1,250) feet of real property that supports or upon which there exists any of the uses
enumerated in subsection A of this section does not commit a violation of this chapter if any
of the following apply:
(1) The offender is required to serve a sentence or is otherwise involuntarily required to
reside in a jail, prison, juvenile facility, or other correctional institution or mental facility.
(2) The offender has established a residence prior to the effective date of the Ordinance
codified in this chapter.
(3) The use enumerated in subsection A of this section began after the offender established
a residence.
(4) The offender is a minor or ward under guardianship.
D. In addition to and notwithstanding the foregoing, but subject to subsection C of this section,
no person who has been convicted of sexually violent offense and/or crime against children,
shall be permitted to reside in the City of Muskego and no supervised release of such
Wisconsin Statute Chapter 980 sexually violent person shall be established in the City of
Muskego unless such person was domiciled in the City of Muskego at the time of the
offense resulting in the person’s most recent conviction for committing the sexually violent
offense and/or crime against children.
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§ 294-4. Holiday events and public gatherings.
It is unlawful for any offender to participate in a holiday event involving children under 18 years
of age by means of distributing candy or other items to children on Halloween, wearing a Santa
Claus costume in a public place on or preceding Christmas, or wearing an Easter Bunny
costume in a public place on or preceding Easter, or other similar activities that may, under the
circumstances then present, tend to entice a child to have contact with an offender. Holiday
events in which the offender is the parent or legal guardian of the children involved and no non-
familial children are present are exempt from this section.
§ 294-5. Loitering.
A. It is unlawful for any person defined as an offender pursuant to Section 294-2 to loiter or
prowl in the locations enumerated in Section 294-3(A), in a place, at a time, or a manner not
usual for law-abiding individuals under circumstances that warrant alarm for the safety of
persons or property in the vicinity.
B. Among the circumstances which may be considered in determining whether such alarm is
warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses
to identify himself/herself or manifestly endeavors to conceal himself/herself or any object.
Unless flight by the actor or other circumstances make is impracticable, a peace office shall
prior to any arrest for an offense under this section, afford the actor an opportunity to dispel
any alarm which would otherwise be warranted, by requesting him/her to identify
himself/herself and explain his/her presence and conduct at the locations enumerated in
Section 294-3(A). No person shall be convicted of an offense under this section if the peace
officer did not comply with the preceding sentence, or if it appears at trial that the
explanation given by the actor was true and, if believed by the peace officer at the time,
would have dispelled the alarm.
C. This section shall not apply where the actor was accompanied by his/her parent, guardian,
or other adult person having his/her care, custody, or control, or where that actor was
exercising First Amendment rights protected by the United States Constitution or Wisconsin
Constitution, including freedom of speech, the free exercise of religion, and the right of
assembly.
§ 294-6. Child safety zones.
The City Planning Division shall maintain an official map showing locations identified in § 294-3
of this chapter. The Planning Division shall update the map at least annually to reflect any
changes in the location of prohibited zones. These shall be designated on the map as "child
safety zones." The map is to be displayed in the office of the City of Muskego City Clerk. In the
event of a conflict, the terms of this chapter shall control.
§ 294-7. Penalties and remedies.
A. Forfeitures. Any person found guilty of violating this chapter shall be subject to a forfeiture of
not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00)
for each violation. Each violation and each day a violation continues or occurs shall
constitute a separate offense. Neither the issuance of a citation nor the imposition of
forfeiture hereunder shall preclude the City from seeking or obtaining any or all other legal
and equitable remedies to prevent or remove a violation of this chapter.
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B. Injunction-Violation of residency restrictions. If an offender establishes a permanent or
temporary residence in violation of Section 294-3, the Chief of Police may refer the matter to
the City Attorney. The referral shall include a written determination by the Chief of Police
that, upon all of the facts and circumstances and the purpose and intent of this chapter,
such violation interferes substantially with the comfortable enjoyment of life, health, safety of
another or others. Upon such referral, the City Attorney may bring an action in the name of
the City in Circuit Court to permanently enjoin such residency as a public nuisance.
SECTION 2: It is the intent of the Common Council that the provisions of this Chapter are
severable. If any section or portion thereof shall be declared by a decision of a Court of
competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the validity
of all other provisions, sections or portion thereof of the Ordinance which shall remain in full
force and effect. Any other Ordinance whose terms are in conflict with the provisions of this
Ordinance is hereby repealed as to those terms that conflict.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage and
publication.
PASSED AND APPROVED THIS ____ DAY OF APRIL 2019.
CITY OF MUSKEGO
Kathy Chiaverotti, Mayor
ATTEST:First Reading: ____________________
Clerk-Treasurer
Newly Enacted Ordinance Published: _________________
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Approved
CITY OF MUSKEGO
FINANCE COMMITTEE MINUTES
March 26, 2019
5:30 PM
City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 5:30 p.m.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Committee Members Alderpersons Wolfe, Kubacki and Madden as well as
Alderpersons Hammel, Borgman, and Kapusta. Also present: City Attorney Warchol and
Deputy Clerk Blenski.
PUBLIC MEETING NOTICE
The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting
law.
APPROVAL OF MINUTES – March 12, 2019
Alderperson Kubacki made a motion to approve. Alderperson Wolfe seconded;
motion carried.
LICENSE APPROVALS
Recommend Approval of Operator Licenses
Alderperson Madden made a motion to recommend approval of an Operator License
for Jayne Albino, Emily Gillespie, Barbara Pilak and Melissa Tabler. Alderperson
Wolfe seconded; motion carried.
Recommend Approval of Class “A” Dance Hall License (Live Music) for Mather Lanes for
April 13, 2019
Alderperson Wolfe made a motion to recommend approval. Alderperson Kubacki
seconded; motion carried.
Recommend Approval of a Temporary License to Sell Fermented Malt Beverages and Wine for
Atonement Lutheran Church for August 17, 2019
Alderperson Kubacki made a motion to recommend approval. Alderperson Madden
seconded; motion carried.
NEW BUSINESS
Recommend Approval of M & N Shooting Enterprize, LLC (dba) Boxhorns and City of Muskego
Lease Agreement for the Boxhorn Pole Barn Area
Attorney Warchol provided the background information that led to a Lease Agreement being
negotiated with M & N Shooting Enterprize, LLC pursuant to the direction of the Council. This
will be the final Lease Agreement, which will terminate on February 28, 2020. Rent is $667.00
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Finance Committee Minutes 2
March 26, 2019
per month. Alderperson Madden moved to recommend approval. Alderperson Kubacki
seconded; motion carried.
VOUCHER APPROVAL
Utility Vouchers
Alderperson Wolfe made a motion to recommend approval of Utility Vouchers in the
amount of $3,943,086.14. Alderperson Madden seconded; motion carried.
General Fund Vouchers
Alderperson Wolfe made a motion to recommend approval of General Fund Vouchers
in the amount of $917,883.93. Alderperson Madden seconded; motion carried.
Wire Transfers for Debt Service
Alderperson Wolfe made a motion to recommend approval of Wire Transfers for Debt
Service in the amount of $1,110,203.63. Alderperson Kubacki seconded; motion
carried.
Wire Transfers for Payroll/Invoice Transmittals
Alderperson Wolfe made a motion to recommend approval of Wire Transfers for
Payroll/Invoice Transmittals in the amount of $345,032.23. Alderperson Madden
seconded; motion carried.
ADJOURNMENT
Alderperson Kubacki made a motion to adjourn at 5:35 p.m. Alderperson Madden
seconded; motion carried.
Minutes taken and transcribed by Jill Blenski, Deputy Clerk.
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Approved
CITY OF MUSKEGO
PARKS AND CONSERVATION
COMMITTEE MINUTES
November 8, 2018
5:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Chairman Toby Whipple called the meeting to order at 5:04 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Toby Whipple, Terri Boyer, Barbara Erdmann, Barb Schroeder, Ald. Bob Hammel;
Tammy Dunn, Recreation Manager; Scott Kroeger, Director of Public Works and Development
Absent: Bill Miller and Paul Peardon.
Guests: Scott and Kristina Dickmann
STATEMENT OF PUBLIC NOTICE
This meeting was noticed in accordance with the open meeting laws.
APPROVAL OF MINUTES OF THE OCTOBER 2, 2018.
Barb Erdmann made a motion to approve the minutes of October 2, 2018. Terri Boyer
seconded. Motion was approved unanimously.
OLD BUSINESS
NEW BUSINESS
Annual Parking Pass for Idle Isle
Manager Dunn stated the general public has asked for an Annual Parking Pass instead of
dealing with the parking pay station each visit at Idle Isle. The sticker would be a different color
from the Season Boat Launch Pass, but would include the same tiers of Senior, Resident, and
Non-Resident pricing.
Ald. Hammel made a motion to approve an Annual Parking Pass for Idle Isle. Terri Boyer
seconded. Motion was approved unanimously.
Beachy Bistro Proposal
Director Kroeger explained to the Committee that this is a P3 type proposal, meaning a
privately run business on publicly owned land. This would be the first such agreement in
Muskego if this proposal moves forward.
Mr. Dickmann presented his Bistro idea to the Committee, including the food and liquor permits
that would be required, and that he would be investing money into the pavilion to enclose the
structure. That in turn would not allow anyone else to use the pavilion in the future. Mr.
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would not build any additional piers for boat parking. Restaurant customers or park patrons
will be able to utilize the overflow parking at Park Arthur, if needed. He understands families
and large groups will be setup all around the pavilion grilling, kids yelling, loud music, etc.
Chairman Whipple questioned if Mr. Dickmann has spoken to the Water Bugs ski team about
their space in the pavilion, parking availability concerns and the need for such a business in a
public space. He believes this restaurant will take away from regular park use by the general
public.
Ald. Hammel did express a slight concern about parking of cars and boats. He believed
boaters may stop by and order food to take back onto their boats, but not stay at Idle Isle.
Mayor Chiaverotti spoke briefly to remind the Committee that they could recommend further
action be taken by the Committee of the Whole, but their decisions tonight were not final.
Ald. Hammel made a motion to move the Beachy Bistro Proposal to the Committee of
the Whole. Seconded by Terri Boyer. Motion was approved unanimously.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
Ald. Bob Hammel made a motion to adjourn at 5:44 PM. Barb Erdmann seconded.
Motion was approved unanimously.
Respectfully Submitted,
Wendy Fredlund
Transcribing Secretary
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Approved
CITY OF MUSKEGO
PUBLIC WORKS AND SAFETY
COMMITTEE MINUTES
March 11, 2019
5:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Alderperson Madden called the meeting to order at 5:00 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Alderperson Madden, Alderperson Engelhardt, Alderperson Borgman, and Scott
Kroeger, Director of Public Works and Development
STATEMENT OF PUBLIC NOTICE
The meeting was posted in accordance with open meeting laws.
APPROVAL OF MINUTES
Alderperson Borgman made a motion to approve the minutes of February 18, 2019.
Alderperson Engelhardt seconded.
Motion Passed 3 in favor.
STATUS OF PROJECTS
Discussion update. No formal action may be taken on any of the following:
Waukesha Water
Director Kroeger stated the City is reviewing a proposal to relocate some portions of fiber optic
that would take place this summer. The City is expecting to see 90% plans in April to review,
with a Public Information Meeting in May held by the Great Water Alliance. The City will also
be working on an Intergovernmental Agreement with Waukesha County.
Bay Lane Reconstruction
Director Kroeger stated letters were sent to residents last week alerting them to the upcoming
road construction. After a general contractor is selected, a more detailed letter will be sent with
dates and contact information for the project. Last week the City received bids for the water
main portion of the project. In April, a bid request will go out for the road portion of the
reconstruction.
Hillendale Reconstruction
Director Kroeger stated he would like to have another Public Information Meeting this summer
with a more defined set of construction plans without the trail.
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Discussion update and possible action may be taken on any or all of the following:
Water Main Assessments – Defer to April Meeting
NEW BUSINESS
Discussion update and possible action may be taken on any or all of the following:
Guhr CSM Sanitary Sewer Waiver
Director Kroeger reviewed his Memo regarding the restrictions and language that will be
placed on the Guhr CSM for sanitary sewer if/when this property is developed in the future.
Currently this CSM is being updated for Estate Planning purposes.
Alderperson Borgman made a motion to approve the Guhr CSM Sanitary Sewer Waiver.
Alderperson Engelhardt seconded.
Motion Passed 3 in favor.
NEW BUSINESS PLACED ON FILE
(The following items have been placed on file for staff review. Upon completion of review, staff
will submit a supplement detailing options and possible course of action to committee
members.)
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
Alderperson Engelhardt made a motion to adjourn at 5:15 PM. Alderperson Madden
seconded.
Motion Passed 3 in favor.
Respectfully Submitted,
Wendy Fredlund
Transcribing Secretary
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Approval of Temporary License to Sell Fermented Malt...
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