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FINANCE COMMITTEE Packet - 5/26/2015 CITY OF MUSKEGO FINANCE COMMITTEE AGENDA May 26, 2015 6:00 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL PUBLIC MEETING NOTICE APPROVAL OF MINUTES - May 12, 2015 LICENSE APPROVALS 1. Recommend Approval of Operator Licenses 2. Recommend Approval of Outside Dance Permit and Amendment to Licensed Premise for Michelle Gonzales d/b/a Twisted Cork, S74 W16832 Janesville Road June 5 and August 7 - Music from 5:00 pm to 10:00 pm/Outside Premise from 5:00 pm to Midnight NEW BUSINESS 1. Recommendation Regarding Election Equipment Contract Governmental Agreement 2. Recommendation to Amend the Fund Balance and Annual General Fund Budgeted Contingency Policy 3. Recommendation to Designate Official City Newspaper 4. Recommendation Regarding Subdivider's Agreement for Aster Hills VOUCHER APPROVAL 1. Utility Vouchers 2. Tax Vouchers 3. General Fund Vouchers 4. Wire Transfers for Debt Service 5. Wire Transfers for Payroll/Invoice Transmittals FINANCE DIRECTOR’S REPORT - 2014 Final and 2015 First Quarter Results COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Finance Committee Agenda 2 May 26, 2015 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, MUSKEGO CITY HALL, (262) 679-4100. Unapproved CITY OF MUSKEGO FINANCE COMMITTEE MINUTES May 12, 2015 6:45 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 6:45 pm. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Committee Members Aldermen Borgman, Kubacki and Madden. Also present: Alderman Engelhardt and Deputy Clerk Blenski. PUBLIC MEETING NOTICE Ms. Blenski stated that the meeting was properly noticed. APPROVAL OF MINUTES - April 28, 2015 Alderman Kubacki made a motion to approve the April 28, 2015 minutes. Alderman Borgman seconded. Motion Passed 3 in favor. LICENSE APPROVALS Recommend Approval of Operator Licenses Alderman Kubacki made a motion to recommend approval of an Operator's License for Dennis Flitsch, Ann Marie Gonzales, Ashley Kenar, Pamela Pulver, Julie Thomas and Ralph Llanas (Temporary). Alderman Borgman seconded. Motion Passed 3 in favor. Recommend Approval of Temporary Licenses for the Sale of Fermented Malt Beverages for Jammin' on Janesville (June 5 and August 7) for the following: Okinawa Kobudo Doushi Rensei-Kai - Dr. Llanas - Muskego Dental Friends of Autism, Inc. - North Shore Bank Sandhill Booster Club - Jimmy John's. Alderman Borgman made a motion to recommend approval. Alderman Madden seconded. Motion Passed 3 in favor. Finance Committee Minutes 2 May 12, 2015 Recommend Approval of Temporary Licenses for the Sale of Fermented Malt Beverages and Wine for Jammin' on Janesville (June 5 and August 7) for the following: Muskego Chamber of Commerce - Muskego Post Office (Front Parking Lot) - June 5 Only Muskego Moose Lodge #1057 - Pick 'n Save (East End Parking Lot) Muskego Food Pantry - Corner Lot on Janesville and Pioneer. Alderman Kubacki made a motion to recommend approval. Alderman Borgman seconded. Motion Passed 3 in favor. Recommend Approval of Salvage and Recycling Permit - Kohne Salvage, W200 S7203 Williams Drive Alderman Borgman made a motion to recommend approval. Alderman Madden seconded. Motion Passed 3 in favor. Recommend Approval of Outside Dance Permit for Three H's (Tres Locos), W172 S7505 Lannon Drive on June 5 and August 7 - 5:00 pm to 11:30 pm (Jammin' on Janesville) and June 20 - noon to 10:00 pm. Alderman Kubacki made a motion to recommend approval. Alderman Borgman seconded. Motion Passed 3 in favor. NEW BUSINESS Recommend Reduction in Letter of Credit - Belle Chasse Phase III (aka Addition #2) Alderman Madden made a motion to recommend that the Belle Chasse Phase III Letter of Credit be reduced to $997,712.46. Alderman Kubacki seconded. Motion Passed 3 in favor. Recommend Approval of Three-Party Design Engineering Services Contract for Moorland Road Alderman Madden made a motion to recommend approval. Alderman Kubacki seconded. Motion Passed 3 in favor. VOUCHER APPROVAL Utility Vouchers Alderman Borgman made a motion to recommend approval of Utility Vouchers in the amount of $125,330.57. Alderman Madden seconded. Motion Passed 3 in favor. Finance Committee Minutes 3 May 12, 2015 Tax Vouchers Alderman Borgman made a motion to recommend approval of Tax Vouchers in the amount of $132.16. Alderman Kubacki seconded. Motion Passed 3 in favor. General Fund Vouchers Alderman Borgman made a motion to recommend approval of General Fund Vouchers in the amount of $262,321.94. Alderman Madden seconded. Motion Passed 3 in favor. Wire Transfers for Payroll/Invoice Transmittals Alderman Borgman made a motion to recommend approval of Wire Transfers for Payroll/Invoice Transmittals in the amount of $309,162.66. Alderman Kubacki seconded. Motion Passed 3 in favor. ADJOURNMENT Alderman Kubacki made a motion to adjourn at 6:52 pm. Alderman Borgman seconded. Motion Passed 3 in favor. Minutes transcribed by Kim Chavie, Assistant Deputy Clerk OPERATOR LICENSE APPROVALS COMMON COUNCIL – 05/26/2015 Jacquelynne Barret Rebecca Bingham Jane Blakeslee Lee Christenson Maggie Ewert Jennifer Geske Diane Jackson Adam Jankowski Katy Nicholson Debra Nuetzel Jennifer Obermeyer Connie Pfaff Kathleen Rynders Christine Satterstrom Gary Schmutzer Judith Semrad Simranjeet Singh Dawn Sobbe Sarah Thies Bailey Welch Tami Wright S/CityHall/Licenses/Oper Lic Approval Lists/2015.doc CITY OF MUSKEGO Staff Report to Finance Committee & Common Council To: Finance Committee & Common Council Date: May 26th, 2015 From: Finance & Admin. Department Presenter(s): Finance & Admin. Director Subject: Topic for Presentation/Report to Committee: Intergovernmental Agreement with Waukesha County to Purchase New Election Equipment and Software Background Information: In 2013, the Waukesha County Clerk formed a task force committee to select an outside consulting firm to study the County’s election process and equipment. With exception of three insight voting machines purchased in 2008, 2010 and 2012, the voting machines used at the Muskego polling places were purchased in 1996. Key Points and/or Information for Discussion: 1. Current Election equipment is outdated with many replacement parts no longer being manufactured. The recommended equipment has many enhanced features allowing for a more efficient process and accurate tabulation of votes. 2. The Waukesha County Task Force Committee recommendation to purchase the DS200 tabulator equipment along with an intergovernmental cost-sharing agreement was approved per County Board adopted Resolution 134, 2014. 3. As outlined within the Agreement, Waukesha County will purchase the equipment for participating municipalities and bill back one third of the cost over a period of three (3) years at no interest beginning in Fiscal Year 2016. Municipalities not participating will pay 100% of the voting equipment cost. 4. The cost incurred for the equipment amounts to approximately $25,646.94, which will be paid to the County over a three year period ($8,548.98). The trade-in value for used equipment is anticipated to be $1,850. Additional funding of $30,750 exists in the City Capital Expenditure Fund as a result of a $7,700 State voting equipment reimbursement and budgeted voting equipment funded but not expended for years 2012 – 2015. 5. Annual maintenance and support cost shall be the responsibility of the municipality following the initial one year warranty period. The annual cost is estimated to be $3,555 and will be included in the General Fund operating budget for years 2017 – 2021 per the package agreement. Recommendation for Action by Committee: I am requesting approval for the Intergovernmental Agreement with Waukesha County to purchase new election equipment and software. Is Common Council action required? Yes Fiscal Note(s): Purchase covers FY 2016 – 2021 – Cost allocation worksheet attached. Total Approximate $ Requested: FY 2016=$10,000 / FY 2017-2021 $34,855. Amount of Total Requested Budgeted/Unbudgeted: Surplus funding will offset the expenditure. Expenditure Account(s) number recommended to be used: #410.08.90.02.6506. CITY OF MUSKEGO REQUESTED ELECTION EQUIPMENT - ESTIMATED ANNUAL COST 2016 - 2021 CAPITAL & OPERATING BUDGET Cost Annual Expected Description Per Unit Cost Quantity Life (yrs.) Equipment: Device Type DS200 Precinct Digital Tabulator $5,777.00 $46,216.00 8 10 Wireless Modem for DS200 $300.00 $2,400.00 8 10 ExpressVote ADA Ballot Marking Device $3,527.00 $24,689.00 7 10 ExpressVote Rocker Paddle $170.50 $1,193.50 7 10 ExpressVote Sip n' Puff Device $350.00 $2,450.00 7 10 Total Equipment Cost $10,124.50 $76,948.50 City of Muskego Cost Share 33.33%$25,646.94 3-year Annual Cost (2016 - 2018)$8,548.98 Maintenance: DS200 Annual Hardware Maintenance: Firmware License $75.00 $600.00 8 1 Gold Maintenance Package*$175.00 $1,400.00 8 1 Back-up Battery $130.00 $208.00 8 5 Coin Cell Battery $10.00 $16.00 8 5 Estimated Annual Maintenance $390.00 $2,224.00 ExpressVote Annual Hardware Maintenance: Firmware License $50.00 $350.00 7 1 Gold Maintenance Package*$115.00 $805.00 7 1 Back-up Battery $112.90 $158.06 7 5 Coin Cell Battery $10.10 $14.14 7 5 Estimated Annual Maintenance $288.00 $1,327.20 Estimated Annual Maintenance Cost (2017 - 2021)$3,551.20 Product Equipment Training ● Product equipment training for Municipal Clerk's, Election Inspector's and the Waukesha County Clerk's Office (WCCO) will be funded by the capital projects Over -> Trade-in Value to Municipality (option) ● Eagle - $150.00 each x 8 $1,200.00 ● Edge - $50.00 each x 7 $350.00 ● Insight - $100.00 each x 3 $300.00 Total Trade-in Value $1,850.00 2014 State Voting Equipment Reimbursement $7,700.00 2012-2015 Budget - Voting Equip Funding $23,050.00 Net Available Funding $32,600.00 Estimated Net Annual Cost 2016 - 2021: Equipment 2016 $8,548.98 Equipment & Maintenance 2017 $12,100.18 Equipment & Maintenance 2018 $12,100.18 Maintenance 2019 $3,551.20 Maintenance 2020 $3,551.20 Maintenance 2021 $3,551.20 Total $43,402.94 * Gold Package Annual Maintenance - DS200 Precinct Digital Tabulator - $175.00 ea. - ExpressVote ADA Ballot Marking Device - $115.00 ea. Includes: Yearly onsite preventative maintenance, 24 hour tech support line, onsite repairs by a tech, covers all parts with exception to batteries and damage to equipment. Core features for both the Gold coverage plan includes the use of certified replacement parts, technical help desk support, priority status for repair services, software and firmware upgrades, repairs made by certified ES&S techs. * Silver Package Biennial Maintenance - DS200 Precinct Digital Tabulator - $125.00 ea. - ExpressVote ADA Ballot Marking Device - $75.00 ea. Includes: Biennial onsite preventative maintenance, 24 hour tech support line, onsite repairs by a tech, covers all parts with exception to batteries and damage to equipment. Core features will provide repair services for the DS200 and ExpressVote units as well as a routine preventative maintenance service event during the coverage period. The routine preventative maintenance service event includes the cleaning and lubrication of each unit of equipment and all labor and parts (except consumables such as printer cartridges, paper rolls, batteries, removable memory devices or marking instruments). Over -> COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #054-2015 APPROVAL OF ELECTION EQUIPMENT CONTRACT GOVERNMENTAL AGREEMENT WHEREAS, The existing election equipment is outdated and needs to be replaced ; and WHEREAS, Waukesha County has proposed the purchase of new voting equipment f or participating municipalities; and WHEREAS, The City would be billed for one third of the cost of the equipment over a three-year period at no interest beginning in 2016; and WHEREAS, The Finance Committee has recommended approval of the attached “Election Equipment Contract Governmental Agreement.” 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 “Election Equipment Contract Governmental Agreement between the City of Muskego and Waukesha County. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to sign the necessary documents in the name of the City. DATED THIS DAY OF MAY , 2015. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #054-2015 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 5/15jmb CITY OF MUSKEGO Staff Report to Finance Committee & Common Council To: Finance Committee & Common Council Date: May 26th, 2015 From: Finance & Admin. Department Presenter(s): Finance & Admin. Director Subject: Topic for Presentation/Report to Committee: Requested revisions to the existing Fund Balance and Annual General Fund Budgeted Contingency Policy Background Information: On July 24th, 2007, the Common Council adopted a General Fund Reserve and Annual General Fund Budgeted Contingency Policy and Designation of Unreserved General Fund Balance, which replaced the 1995 Designation of Unappropriated Surplus policy. In 2011, the Common Council adopted a new fund balance policy per Resolution #170-2011 which was based upon the audit management letter from Baker Tilly recommending the City comply with GASB No. 54– Fund Balance Reporting and Governmental Fund Type Definitions so that options available within the new standard could be fully utilized. The consequences of not adopting the policy were that the City financial statements would no longer be in compliance with Generally Accepted Accounting Standards (GAAP) and the special revenue funds would be required to merge into the General Fund and no longer be reported as was originally intended. Key Points and/or Information for Discussion: 1. Guideline #2 under ‘Procedures’ within the existing policy states “A committed general fund balance shall be maintained as of December 31 of each year equal to the unfunded portion of the City’s accrued compensated absences liability.” 2. As of fiscal year ending 2014, the Special Revenue Compensated Absences fund balance is completely expended due to the significant amount of retirements and organization changes over the past several years. As a result, 100% of the General Fund balance is now required to fund the accrued compensated absences liability as noted above. 3. For improved transparency and accountability, the recommendation is to transfer the actual liability amount of $2,805,819 from the General Operating Fund to the Compensated Absences fund. 4. If approved the General Operating Fund balance would reflect the actual unassigned and non-spendable balances within the Financial Statements and budget documents providing more clarification as to the actual amount available for cash flow purposes and unforeseen events. 5. The final requested revision to the policy is to remove the Special Revenue ‘Rescue’ and ‘Recreation Ticket’ funds since they no longer exist per prior Council authorization. Recommendation for Action by Committee: I am requesting the Finance Committee recommend to Common Council that the existing ‘Fund Balance and Annual General Fund Budgeted Contingency Policy’ be revised to reflect the changes per attached Resolution #053-2015. COMMON COUNCIL – CITY OF MUSKEGO RESOLUTION #053-2015 APPROVAL OF AMENDMENTS TO FUND BALANCE AND ANNUAL GENERAL FUND BUDGETED CONTINGENCY POLICY WHEREAS, In 2011, the Governmental Accounting Standards Board (GASB) issued Statement No. 54 – Fund Balance Reporting and Governmental Fund Type Definitions, which changed the terminology used for fund balance reporting on balance sheets of Governmental Funds; and WHEREAS, With the adoption of Resolution #170 -2011, the Common Council established the Fund Balance and Annual General Fund Budgeted Contingency Policy to comply with GASB Statement No. 54. The new policy replaced prior fund balance policies; and WHEREAS, The new policy established the following procedure:  A committed general fund balance shall be maintained as of December 31 of each year equal to the unfunded portion of the City’s accrued compensated absences liability. WHEREAS, The existing policy needs to be amended to establish the following:  A committed Special Revenue Compensated Absences fund balance shall be maintained as of December 31 of each year equal to the unfunded portion of the City’s accrued compensated absences liability.  Remove Special Revenue Rescue Fund and Recreation Ticket Fund per prior Council authorization. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby amend the existing Fund Balance and Annual General Fund Budgeted Contingency Policy as attached. BE IT FURTHER RESOLVED That the policy shall take effect upon Common Council adoption. BE IT FURTHER RESOLVED That the adoption of the revised policy will replace Resolution #170-2011 adopted on December 13, 2011. DATED THIS 26TH DAY OF MAY , 2015. Resolution #053-2015 SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #053-2015 which was adopted by the Common Council of the City of Muskego. _________________________ Clerk Treasurer 5/15 COMMON COUNCIL – CITY OF MUSKEGO RESOLUTION #053-2015 FUND BALANCE AND ANNUAL GENERAL FUND BUDGETED CONTINGENCY POLICY Purpose The objectives of this fund balance policy are as follows:  Preserve the credit rating of the City of Muskego for borrowing monies at favorable interest rates.  Provide working capital for the City of Muskego to meet cash flow needs during the year.  Provide a comfortable margin of safety to address unanticipated expenditures / emergencies and unexpected declines in revenue due to economic downturns, natural disasters, etc.  Provide a resource to stabilize fluctuations from year to year in the property taxes paid by the City of Muskego taxpayers. Policy Currently, fund balance is divided into three basic classifications for accounting and monitoring purposes: reserved, unreserved-designated and unreserved-undesignated. Reserved fund balance is that portion of fund balance that is not available fo r the subsequent year’s budget due to legal restrictions or resources which are not available for current spending. Unreserved fund balance includes funds set aside by management for specific uses, which are labeled “designated”. The balance of unreserved fund balance is labeled “undesignated”, which indicates it is available for appropriation. Government Accounting Standards Board (GASB) has issued Statement No. 54, Fund Balance Reporting and Governmental Fund Type Definitions. This Statement is effective for financial statements with periods beginning after June 15, 2010. The objective of this Statement is to improve the usefulness, including the understandability, of governmental fund balance information. The Statement provides more clearly defined categories to make the nature and extent of the constraints placed on a government’s fund balance more transparent. The Statement impacts governmental fund types. The fund balance will be reported in five new categories: Nonspendable Fund Balance, Restricted Fund Balance, Committed Fund Balance, Assigned Fund Balance and Unassigned Fund Balance. Resolution #053-2015 Nonspendable Fund Balance – Amounts cannot be spent because they are a) not in spendable form or b) legally or contractually required to be maintained intact. Restricted Fund Balance – Amounts are restricted by external parties (i.e. creditors, grantors, contributors) or laws / regulations of other governments or restricted by law through constitutional provisions or enabling legislation, such as an ordinance. Committed Fund Balance – Amounts that can only be used for specific purpose pursuant to constraints imposed by formal action of the government’s highest level of decision making authority. The formal action must occur prior to the end of the reporting period. The amount, which will be subject to the constraint, may be determined in the subsequent period. Assigned Fund Balance – Amounts constrained by the government’s intent to be used for specific purposes that are neither restricted nor committed. The intent can be expressed by a) the governing body itself or b) a body or official to which the governing body has delegated the authority (i.e. Director of Finance and Administration, Clerk- Treasurer, committee. . .). Monies set aside for carryover appropriations, compensated absences, retirement obligations and contingencies are some of the examples to be included in the assigned category. Assigned fund balance can be used to eliminate the projected budgetary deficit in the subsequent year’s budget. Unassigned Fund Balance – Is a residual classification for the General Fund. The total fund balance less amounts categorized as nonspendable, restricted, committed and assigned equals unassigned fund balance. General Fund is only fund that should report a positive unassigned fund balance amount. A negative unassigned fund balance is possible in other governmental funds. Flow of Funds It is the policy of this government that in cases where multiple types of funds are available to pay for expenditures in the various funds, restricted resources will be used first, followed by committed, assigned, and finally unassigned (if applicable). Procedures In order to achieve the objectives of this policy, the following guidelines shall be adhered to by the Common Council: 1. An unassigned general fund balance shall be maintained as of December 31 of each year equal to a minimum of two months (or 17%) of the ensuing year’s budgeted general fund expenditures, with a targeted maximum of four months of the ensuing year’s budgeted expenditures. 2. A committed Compensated Absences fund balance shall be maintained as of December 31 of each year equal to the unfunded portion of the City’s accrued compensated absences liability. Resolution #053-2015 3. The City of Muskego will maintain appropriate commitments or assignments of general fund, special revenue funds, debt service funds and capital projects funds for specified purposes, including but not limited to contingencies, compensated absences or similar items. Commitments and / or assignments of fund balance shall be made pursuant per adoption of this resolution. 4. As part of the annual budget process, the Director of Finance and Administration will estimate the surplus or deficit for the current year and prepare a projection of the year-end unassigned general fund balance. Such projection will include an analysis of trends in fund balance levels on an historical and future projection basis. Any anticipated balance in excess of the minimum unassigned general fund balance may be assigned to other purposes, or budgeted to reduce the ensuing year’s property tax levy. 5. Funds in excess of the upper range of the unassigned fund balance target may be considered to supplement “pay as you go” capital outlay expenditures (including reduction of anticipated debt issues) or to prepay existing debt via cash defeasance as allowable. Unassigned fund balance shall not be used to support recurring operating expenditures. 6. Withdrawal of any amount of unassigned general fund balance in excess of the targeted minimum of the amount budgeted under (3) above, for the sole purpose of reducing the ensuing year’s property tax levy, may be made only upon a two- thirds majority vote of the Common Council. 7. The Common Council, by two-thirds vote, can declare a fiscal emergency and withdraw any amount of general fund balance for purposes of addressing the fiscal emergency. Any such action must also provide for necessary appropriations to restore the unassigned general fund balance to the minimum balance within a three-year period. 8. It is the policy of this government that assignments of fund balances and resources within a fund may be determined by Director of Finance and Administration. 9. The City shall include in the General Fund operating budget annually, a contingency account greater than or equal to 0.50% of the General Fund total expenditures. This contingency will expire at the end of each fiscal year and balances will not be brought forward. In order to provide support for the proper determination of the reporting status of each fund, the Common Council makes the following findings with respect to the resources available in the listed funds. Resolution #053-2015 Fund Title Resource Determination Park Dedication/Improvement Grants/Fees Committed for park related projects Refuse/Recycling Grants/User Fees Committed for refuse/recycling operating expenses Revolving Loan State Funding Committed for loans to local businesses Landfill Standing Committees Landfill Host Fees Committed for costs to oversee and monitor the landfills Cable TV Franchise Fees Committed for video streaming Landfill Landfill Host Fees Committed for costs associated with landfill activities and as allowed per the agreement Well Testing Landfill Host Fees Committed for costs associated with testing private wells Land Open Space Conserv. Grants & Host Fees Committed for related operating costs and land purchases Stormwater Management Landfill Host Fees Committed for related operating costs and related projects Capital Improvement TIF Residual/Grant Committed for loans to local businesses and programs Tax Increment District Tax Levy Committed for related debt obligations and associated fees Community Development Authority Land Sales Committed for costs associated with redevelopment Compensated Absences Landfill Host Fees Committed for severance and & General Fund leave time payouts for Reserve terminated and retired employees Adopted December 13th, 2011 Revised May 12th, 2015 CITY OF MUSKEGO Reports and Presentations to Standing Committees of the Common Council (Finance, Public Works and Public Safety) and to Common Council To: Finance Committee From: Jill Blenski, Deputy Clerk Department: Finance and Administration Department Subject: Official Newspaper Date: May 22, 2015 Background Information: The City is required to advertise annually for bids for its official newspaper. Wis. Stat ute 985 regulates official newspapers. The Advertisement for Bids was published in the Muskego-New Berlin Now as required by state statute. The City received a bid from the Milwaukee Journal Sentinel and a bid from the Waukesha Freeman. (See attached resolution for bids.) Key Issues for Consideration: 1. The statute requires that the paper making the lowest effective bid shall be awarded the contract. 2. While the per line bid submitted by the Freeman is lower, the per column inch bid is higher. 3. The bid submitted by the Milwaukee Journal Sentinel reflects rates that are lower than what the City is currently paying. 4. The circulation of the Freeman is 144 households compared to 1,977 that receive the Muskego Now. Recommendation for Action by Committee and/or Council: Recommend acceptance of the bid submitted by the Journal Sentinel designating the Muskego Now as the City’s official newspaper. Date of Committee Action: May 26, 2015 Planned Date of Council Action (if required): May 26, 2015 Total $ Needed: Fiscal Note(s): $ Budgeted: Money has been budgeted for publication costs. When applicable, the cost of publication is passed on to the customer. $ Unbudgeted: Expenditure Account(s) to Be Used: (5/2015) COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #052-2015 DESIGNATING THE OFFICIAL NEWSPAPER OF THE CITY OF MUSKEGO WHEREAS, The City advertised for bids for the publication of council proceedings and legal notices in accordance with state statutes; and WHEREAS, The following bids were received: Milwaukee Journal Sentinel (Muskego-New Berlin Now) 1st 2nd Insertion Insertion Per Line Council Proceedings $ 0.61 $ 0.50 City’s Legal Notices $ 0.61 $ 0.50 Per Column Inch For Display Ads, Sample Ballots, and Other Matter Set in a Display Format $ 5.20 $ 4.77 Affidavit $1.00 each Waukesha Freeman 1st 2nd Insertion Insertion Per Line Council Proceedings $ 0.43 $ 0.34 City’s Legal Notices $ 0.43 $ 0.34 Per Column Inch Display Rate $ 6.54 $5.14 Affidavit $1.00 each WHEREAS, The Finance Committee has reviewed the submitted bids and recommended that the Muskego-New Berlin Now be designated as the Official City Newspaper based on the following:  the per column inch for display ads is lower.  the paid circulation for the Waukesha Freeman is 144 households  the paid circulation for the Muskego Now is 1,977 households  the bid submitted by the Journal Sentinel reflects rates that are lower than what the City is currently paying Reso. #052-2015 Page 2 NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby designate the Muskego Now as its official newspaper. DATED THIS DAY OF MAY 2010. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #052-2015 which was adopted by the Common Council of the City of Muskego. _________________________ Clerk-Treasurer 5/15jmb CITY OF MUSKEGO Staff Report to Council May 26, 2015 Meeting To: Common Council From: Jeff Muenkel, AICP Subject: Aster Hills Estates Developer’s Agreement Date: May 20, 2015 Background Information: The Aster Hills Estates Developer’s Agreement is ready for approval before Finance and Council at this time. The agreement, as attached to the Council resolution, mainly outlines the responsibilities of the developer in regards to installation of utilities along with various items relating to maintenance and ownership of lots and outlots. Lastly, the agreement outlines the sureties that will guarantee the installation of improvements in given amount of time. The agreement has been approved by the City’s Attorney and is ready for approval. A couple of the main items in the agreement are as follows below. Please note that staff would like to openly discuss a few of the items found in the agreement and resolution prior to formal adoption.  Like all past subdivision agreements, this agreement ensures that the developer posts a surety to back the improvements. By law, the city can make the surety 120% of the anticipated value to construct the subdivision. The 120% value for this project is set at $4,515,968.53.  The State law has changed in the past couple years which allows a developer to post a performance bond a form of surety if they’d like. The developer’s agreement is setup to allow a bond or a letter of credit. It should be noted to Council that the developer anticipates using a bond and is working with the City Attorney on an approved bond form.  Recreation Trail: The plans for the subdivision require the developer to design and construct a recreation trail along North Cape Road. As Council may recall, the developer had issue in completing a po rtion of this trail along the frontage of a few homes along North Cape that they did not have ownership of. Since this time the developers have reconsidered and have offered to design and complete the gap portion of the trail. This has much to do with the dedication fee considerations found herein next.  One outstanding item that staff brought up at the last Parks and Conservation Board meeting is in relation to the Parks and Conservation Dedication Fees. The Parks and Conservation Dedication Fees were setup by the city over a decade ago. Essentially, the city recognized that as land is developed in the community that there is a reduction of available land for parks and conservation (open spaces) in the community as a result of the development. Further, more residents create more of a need for parks and open spaces or upgrades to existing facilities to accommodate more resident needs. Thus, the following fees below are imposed on new developments so the city has monies to aid in the future purchases and developments of the city’s parks and open spaces. The monies are used on sites that are then identified in the city’s adopted 2020 Comprehensive Plan and the adopted Parks and Conservation Plan.  Park Dedication Fee: $1,881 per new lot/unit created  Conservation Land Dedication Fee: $580/per developable acre  Conservation Trail Dedication: $60 per new lot/unit created The Aster Hills Estates Subdivision currently is approved with 53 lots and has approximately 43.85 developable acres (once we remove the acreage of the wetlands and the outlot dedicated to the city). A current plat of the development is attached for your reference. The dedication fees would result in $123,854 consisting of the following:  Park Dedication: $1,881/lot x 51 lots = $95,931  Conservation Land Dedication: $580/per developable acre x 43.85 acres = $25,433  Conservation Trail Dedication: $60/lot x 51 lots = $3,060 NOTE: We only charge for every new lot created and the Aster Hills Estates is platted on two existing lots thus the reduction of the lot count form 53 to 51. The Parks and Conservation fees are noted in the city’s ordinance that they should be paid “in lieu” of dedicating parks/conservation land to the city as part of the development. Ultimately, the ordinance gives the Council authority if they feel that dedication fees should be waived, collected, or modified. As far as the Aster Hill Estates Subdivision is concerned the developers have agreed to dedicate over 19 acres of land to go to the city for future park and conservation purposes. The Parks and Conservation board recommended that any waiver of the dedication fees be considered solely by the Council since this subdivision is unique in the fact that the rezoning was a planned development with some give and take density items taking place and since the park improvements for the subdivision will be a future Council consideration as well. Recommendation: Approval of waiving the dedication fees in full. The developer’s agreement is outlined to waive the park and conservation dedication fees due to the developer dedicating the 19+ acres of land that will utilized by the city for a future active park and for various conservation activities. To put it in perspective our city assessors put a value on unbuildable lands (Wetlands, etc.) from $4,000-$5,000/acre and a value of the buildable area, from $20,000-$30,000/acre. Approximately 10 of the 19+ acres are undevelopable while 9 acres are buildable. Based on that the land has a value of approximately $308,000, which is well above the dedication fees that could be imposed. Lastly, and more importantly, the developers have offered to dedicate the conservation outlot from the Big Muskego Estates Subdivision to the north to the City of Muskego. This 49.43 acre outlot has simply been under a conservation easement and has been pursued for ownership by the WDNR for many years. Ownership allows the city and WDNR to perform many more conservation activities on this key piece of real estate that is in the City’s Big Muskego Wildlife Area an d connects directly to Big Muskego Lake. The parcel will have its advantages for future preservation, conservation passive activities, and the Engineering Department has identified the parcel as possibly fulfilling future stormwater help for this area of the city (a pond exists already for the BME Subdivision that could be expanded for regional aid if need be). Recommendation: Approval of the Agreement as presented. 49 Acre Big Muskego Estates Outlot up for Dedication to the City of Muskego from Towne Realty Aster Hills Future Park Boat Launch DNR Lands Big Muskego Lake ASTER HILLS ESTATES - CITY OF MUSKEGO ASTER HILLS ESTATES SUBDIVIDER'S AGREEMENT This Agreement, made this _____ day of ______, 2015 by and between HBT of Aster Hills Estates LLC, (the "Subdivider") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, (the "City"). W I T N E S S E T H WHEREAS, the Subdivider has submitted for approval by the City the Preliminary Plat for the Aster Hills Estates Subdivision (the “Subdivision”), a part of the lands as specifically described on the attached Exhibit A. WHEREAS, Section 236.13 of the Wisconsin Statutes provides that as a condition of plat approval, the governing body of the City may require that the Subdivider make and install certain public Improvements (with the term “Improvements” defined in Section III and used throughout this Agreement) reasonably necessary for the Subdivision and further, may require dedication of public streets or other ways within the Subdivision, to be conditioned upon the construction of said Improvements according to municipal specifications without cost to said municipality; and WHEREAS, The City's Engineer and the City's Public Works Committee, have approved, contingent on certain other approvals, Subdivider's plans and specifications for Subdivision Improvements, and WHEREAS, The City's Plan Commission and Common Council have duly approved the preliminary plat of the Subdivision and as per Section 18.31(2)e of the Muskego Chapter 18 Land Division ordinance, the Subdivider wishes to start Improvements for the Subdivision before the approval of the final plat. WHEREAS, Starting Improvements before Final Plat approvals from the Council is permitted as long as: Approval is found of the construction plans by the Public Works Director and the Public Works Committee; a Subdivider’s Agreement agreeing to install the required Improvements is approved and recorded between the Subdivider and City; and, a letter of credit, subdivision bond, cash or certified check meeting the approval of the City Attorney in an amount equal to the estimated cost of the Improvements is given. NOW, THEREFORE, In consideration of the covenants herein contained, the parties hereto agree as follows: SECTION I : PHASING 1. Subdivider and City agree that this Agreement is for the installation of public and private Improvements as described in Section III herein, for the Subdivision, which consists of 53 lots on the Preliminary Plat approved per Council Resolution #100-2014 on December 9th, 2014. SECTION II : PLATTING 1. This Agreement addresses the development of 53 lots platted for single family residential use, all being under the Provisions of Chapters 17 and 18 of the Municipal Code, and under the auspices of RS-2 Suburban Residence District as modified by the PD Planned Development zoning. a) Single-family parcels shall conform to the zoning requirements of an RS-2 Suburban Residence District as modified by the PD Planned Development zoning. The PD zoning is allowed per Common Council approval and the PD can permit flexibility in the underlying zoning requirements. The Aster Hills Estates PD results in parcels generally being a minimum of 23,000 square feet in area, 110 feet in average lot width, having street yard setbacks of 30 feet, side Page 2 Aster Hills Estates Subdivider’s Agreement yard offsets of 15 feet and rear offsets of 25 feet (corner lots per plat and some highway abutting lots different per plat). b) Outlots shall be reserved for park/conservation purposes, open space management, and stormwater purposes consistent with PD Planned Development overlay zoning requirements. All outlots shall be owned and maintained by an Owners Association established by Subdivider with the exception of Outlot 2 which will be dedicated to the City of Muskego upon recordation of the Final Plat. 2. Subdivider shall entirely at its expense: a) As per Section 18.31(2)d of the Muskego Chapter 18 Land Division ordinance, have the Aster Hills Estates Final Plat submitted and approved. The Subdivider shall cause the Final Plat of Aster Hills Estates to be executed and recorded, and shall provide City with evidence of recording. Note: The Final Plat cannot be approved until after the acceptance of Improvements found in Section VII of this Agreement to ensure that no lots are sold until said acceptance is complete. b) Concurrent with the execution of this Agreement tender either an Irrevocable Standby Letter of Credit or Subdivision Bond in the amount required herein for the construction of Improvements required by this Agreement. No construction activity may commence until this Agreement has been executed and recorded except with prior City approval, and the Subdivision Bond or Letter of Credit has been tendered. c) Provide the City with title evidence showing that upon recording the Final Plat, the City will have good, indefeasible title to all interests in land dedicated or conveyed to the City by the Plat. d) Before the commencement of work on any Improvements set forth in Section III of this Agreement begins, the Subdivider shall execute this Agreement, shall cause this Agreement to be recorded at the Waukesha County Register of Deeds, and shall provide City with evidence of recording, unless prior approval by the City Engineer has been granted. e) Place and install monuments required by State Statute or City Ordinance. SECTION III : IMPROVEMENTS The term “Improvements” as used throughout this Agreement shall mean the roads and streets, the storm and surface water drainage and master grading, the sanitary sewer, the water main, landscaping, and erosion control measures per the civil engineering plans completed by R.A. Smith National withand as such plans have been approved by the City Engineer under the conditional approval of the Public Works Committee of the City. The Improvements are further defined in this Section III. Subdivider shall entirely at its expense: A. ROADS AND STREETS: 1. Prior to the start of construction of Improvements, the Subdivider shall provide to the City written certification from the Subdivider’s Engineer or Surveyor that all public street plans are in conformance with all federal, state, and City specifications, regulations and ordinances. 2. Grade and improve all roads and streets in accordance with the plans and specifications approved by the Public Works Committee on April 20, 2015, including Improvements necessary to provide such roads and streets, including grading and gravel, curb and gutter, and asphalt street improvements, as approved by the Public Works Director or his designee and Public Works Page 3 Aster Hills Estates Subdivider’s Agreement Committee as indicated in the plans and specifications on file with the Engineering and Building Department. 3. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from construction of Subdivision Improvements. 4. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the cost of their installation. 5. Contractors working at the Subdivision or on individual lots are required to clean up all mud, dirt, stone or debris on the streets no later than the end of each working day. In addition, the Subdivider shall have ultimate responsibility for cleaning up any and all mud, dirt, stone or debris on the streets until Final Acceptance has been granted by the City Council as described in Section VII. The City shall make a reasonable effort to require the contractor that placed the mud, dirt, stone or debris on the street, to clean up the same or to hold the subject property owner who hired the contractor responsible. The Subdivider and/or subject property owner shall clean up the streets within twenty- four (24) hours after receiving a notice from the City. If said mud, dirt, stone or debris are not cleaned up after notification, the City may do so at the Subdivider’s and/or subject property owner's expense, at the option of the City. 6. Final Course of Pavement – The final course of pavement, which shall include binder course repairs and curb and gutter repairs, shall be installed no later than October 15, 2016 and no earlier than August 1, 2016. B. STORM AND SURFACE WATER DRAINAGE AND MASTER GRADING PLAN: 1. Prior to the start of construction of Improvements, the Subdivider shall provide to the City written certification from the Subdivider's Engineer or Surveyor that all surface and storm water drainage facilities and erosion control plans are in conformance with all federal, state, and City regulations, guidelines, specifications, laws and ordinances. 2. Construct, install, furnish and provide facilities as approved by the Public Works Director or his designee and Public Works Committee on April 20, 2015 for storm and surface water drainage throughout the entire Subdivision and off site improvements if applicable and necessary, and a Master Grading Plan providing for sump pump discharge to a tile or storm sewer system, all in accordance with the plans and specifications on file in the Building and Engineering Department. The City retains the right to require the Subdivider to install at Subdivider’s cost additional storm drainage and erosion control measures prior to acceptance of Improvements by the City. 3. Grade and improve all lots, on and off site, if applicable and necessary, in conformance with the Master Grading Plan as approved by the Public Works Director or his designee and Public Works Committee on April 20, 2015 all in accordance with the plans and specifications on file in the City Building and Engineering Department. Restore with topsoil and seed. Establish dense vegetation. 4. The City retains the right to require Subdivider to install within the development and immediately adjacent area if applicable and necessary, additional surface and storm water drainage measures if it is determined by the City Engineer that the original surface and storm water drainage plan as designed and/or constructed does not provide reasonable stormwater drainage pursuant to the City’s ordinances, written procedures and policies. 5. Clean all Storm Sewers prior to acceptance of Improvements and the issuance of building permits by the City. Page 4 Aster Hills Estates Subdivider’s Agreement 6. Execute and record a Storm Water Management Practice Maintenance Agreement and as also referenced in Section XXVI of this Agreement, as approved by the Public Works Director or his designee relating to privately owned storm water appurtenances, and provide proof of recording prior to sale of lots in the Subdivision. Keep and maintain all storm sewers, retention or detention ponds, and surface water drainage features which are outside of the rights-of-way in perpetuity, as provided for in the Maintenance Agreement if not otherwise dedicated to the City. C. SANITARY SEWER: 1. Prior to the start of construction of Improvements, Subdivider shall provide to the City written certification from the Subdivider's Engineer that the sanitary sewer plans are in conformance with all Federal, State and City specifications, regulations, ordinances and guidelines. 2. Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection system throughout the entire Subdivision, and including off site Improvements, if applicable, necessary to provide such system, as approved by the Public Works Director or his designee and the Public Works Committee on April 20, 2015 all in accordance with the plans, specifications and drawings on file in the City Building and Engineering Department. 3. Complete, to the satisfaction of the Public Works Director or his designee, any remaining punch list items concerning the sanitary sewer system prior to the connection of any structure to the sanitary sewer systems. 4. To clean all sanitary sewers in the Subdivision prior to acceptance of the Improvements and issuance of building permits by the City. 5. Televise the sanitary sewer system, repair any defects as determined by the Public Works Director or his designee, and supply video tape to the City, and clean all sewer lines prior to the issuance of building permits, and acceptance of Improvements by the City. D. WATER MAIN: 1. Prior to the start of construction of Improvements, Subdivider shall provide to the City written certification from the Subdivider's Engineer that the water system plans are in conformance with all Federal, State and City specifications, regulations, ordinances and guidelines. 2. Construct, install, furnish, and provide without cost to City, a complete system of water supply and distribution, throughout the entire Subdivision, and including off site improvements, if applicable, necessary to provide such system, as approved by the Public Works Director or his designee and Public Works Committee on April 20, 2015 and in accordance with the plans and specifications on file in the City Building and Engineering Department. 3. Apply for all necessary permits to use water from hydrants for construction permits, as may be required by the City. 4. Complete to the satisfaction of the City any punch list items concerning the water system prior to connection of any building to the water system. E. LANDSCAPING: 1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when installing the Subdivision Improvements. Replace trees in accordance with plans approved by the Community Development Department. Page 5 Aster Hills Estates Subdivider’s Agreement 2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, and all rubbish. 3. Plant street trees without cost to City in accordance with Section 18.60 of the Muskego Land Division Ordinance and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan dated March 28, 2000 and adopted by the Common Council on July 11, 2000 and in accordance with street tree and landscape plans that are to be approved by the Community Development Director and City Forester prior to the signing of this Agreement. The planting of the street trees shall occur simultaneously with the installation of the final course of pavement. 4. The City has the right to trim and remove any landscaping features which would interfere with safe operation and maintenance of the City right-of-ways and drainageways. F. EROSION CONTROL MEASURES: 1. Prior to commencing site grading and excavation, the Subdivider shall provide to the City written certification from the Subdivider’s Engineer or Surveyor that the erosion control plan, once implemented, shall meet all federal, state, and local regulations, guidelines, specifications, laws and ordinances, including proof of notification of land disturbances to the State of Wisconsin Department of Natural Resources, and the Army Corps of Engineers, if applicable, have approved said plans. 2. The Subdivider shall cause all grading, excavation, open cuts, side slopes and other land surface disturbances to be so seeded and mulched, sodded or otherwise protected that erosion, siltation, sedimentation and washing are prevented in accordance with the plans and specifications reviewed and approved by the City Engineer, the State of Wisconsin Department of Natural Resources, and Army Corps of Engineers, if applicable. 2.3.Submit to the City, an application for a Land Disturbing Permit in accordance with the Erosion Control Plan as approved in accordance with the requirements of Section 29.06 of the City's Erosion Control Ordinance by the Public Works Director or his designee and Public Works Committee on April 20, 2015 and in accordance with the plans and specifications on file in the Building and Engineering Department. 3.4.Construct, install, furnish and provide without cost to City, a complete system of Erosion Control Devices or measures in specified areas of the Subdivision, on site, in accordance with the Erosion Control Plan as approved by the Public Works Director or his designee and Public Works Committee on April 20, 2015 and in accordance with the plans and specifications on file in the City Building and Engineering Department. No construction or grading can begin until the City issues said permit, and no grading shall occur without a two (2) day notice to the City. 4.5.Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and construction work. Such fences shall be maintained by the Subdivider until such time as vegetative cover is established in the Subdivision. Install mulching and seeding of all disturbed areas to comply with Municipal Code Chapter 29. SECTION IV: ADDITIONAL IMPROVEMENTS The Subdivider hereby agrees that if, at any time after plan approval and during construction of the Improvements, the City Engineer determines that modifications to the plans including additional Improvements such as additional drainage ways, erosion control measures, and surface and storm water management measures are necessary in the interest of public safety, are necessary in order to comply with current laws or are necessary for implementation of the original intent of the Improvement plans, the City is authorized to order Subdivider, at Subdivider’s expense, to implement the same. If Page 6 Aster Hills Estates Subdivider’s Agreement Subdivider fails to construct the additional Improvement within a reasonable time under the circumstances, the City may cause such work to be carried out and shall charge against the financial guarantee held by the City pursuant to this Agreement. The requirement by the City of such additional Improvements as set forth herein must not negatively impact the Subdivision or cause or result in the loss of a lot within the Subdivision that was intended for the construction of a single family home. SECTION V : TIME OF COMPLETION OF IMPROVEMENTS The Improvements set forth in Section III, except for final surface course of pavement as described previously, shall be completed by the Subdivider within one (1) year from the signing of this Agreement except if an earlier date is provided for in the Agreement. If the City receives notice of the intention to terminate either the Letter of Credit or Subdivision Bond, whichever is applicable, prior to completion of the final surface course pavement or such Final Course Guarantee, defined below, following the installation of the final surface course of pavement, such notice shall be considered a failure to complete Improvements in accordance with this Agreement and shall entitle the City to immediately draw against the Letter of Credit or file claim against the Subdivision Bond. SECTION VI : AS-BUILT CONSTRUCTION PLANS Subdivider authorizes the City to prepare all necessary as-built construction plans for Improvements to be dedicated to the City. The City has requested a lump sum cost from the City’s consulting firm of which such lump sum is $8,200 to complete the as-built plans and the Subdivider has been provided the proposal by the City’s consulting firm and both Subdivider and City have approved said costs so long as the Subdivider provides AutoCAD files of all utilities from their Engineer as a condition of the lump sum costs of producing the as-builts. Subdivider agrees to reimburse City for all costs incurred in the preparation and distribution of as-built data, including collection of data, revisions to construction documents and upload of data to City’s Geographic Information System, and City may utilize Subdivider’s Developers Deposit account for all charges related hereto. Subdivider authorizes the City to convert digital files submitted by Subdivider pursuant to Section 18.32(3)(i) of the Municipal Code of the City of Muskego and Common Council Resolution No. 196-2002 to any format deemed necessary by City. Subdivider agrees to reimburse City for all costs incurred in said conversions and City may utilize Subdivider’s Developers Deposit account for all charges related hereto. SECTION VII : FINAL ACCEPTANCE Throughout this Agreement, various stages of the development will require approval by the City. “Final Acceptance” as used herein, however, shall be the ultimate acceptance of all of the Improvements in the completed development as a whole, with the exception of the final lift of asphalt on the public streets, and shall be granted specifically by resolution of the City Council. Final Acceptance shall be granted when substantial completion occurs, as determined by the City Council pursuant to the definition of substantial completion shown in Wisconsin Statutes Section 236.13(2)(a)2. Granting Final Acceptance does not relieve the Subdivider of any obligations of this Agreement for uncompleted Improvements, and does not constitute a waiver, in particular, of the Subdivider’s obligation to complete the surface course of the public streets or any other Improvements or obligations that may be outstanding at the time that Final Acceptance is granted. SECTION VIII : DEDICATION AND ACCEPTANCE OF IMPROVEMENTS Page 7 Aster Hills Estates Subdivider’s Agreement Subject to all of the other provisions of this Agreement, Subdivider shall, without charge to the City, upon completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the streets, sanitary sewers, water mains, storm water drainage facilities (excluding those facilities which are to be owned and maintained by the Aster Hills Estates Homeowners Association, Inc.) to the City, its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City), together with and including, without limitation because of enumeration, any and all land, buildings, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of Improvements, except private storm water drainage facilities, after the first lift of bituminous concrete pavement has been installed, when all said utilities have been completed and approved by the Public Works Directors and other agencies as applicable. Dedication shall not constitute acceptance of any Improvement by the City. The City shall not accept the dedication of any Improvements which do not fully comply with City standards and specifications. Claims of financial hardship by the Subdivider shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Subdivider. At such time as all Improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such Improvements shall be accepted by the City by separate resolution. Acceptance shall not occur until after the items listed below have taken place OR if the Public Works Director deems other items relating to the construction of the Subdivision necessary: 1. The sanitary sewer, water, and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Development Department, and 3. Video tape of sanitary sewer system has been completed by the Utilities Department, and the results found acceptable by the Utility Superintendent, and 4. Certification is provided to the Public Works Director or his designee by a Registered Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan. SECTION IX: INSPECTION AND ADMINISTRATION FEES Subdivider shall pay and reimburse the City in advance of the signing of the Agreement, in accordance with Section 18.14 of the Land Division Ordinance and Ordinance No. 909, and at times specified herein, but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which shall be incurred by the City prior to and following the date hereof in connection with or relative to the construction, installation, dedication and acceptance of the Improvements covered by Section III, including without limitation by reason of enumeration, design, engineering, preparing, checking and review of designs, plans and specifications, supervision, inspection to insure that construction is in compliance with the applicable plans, specifications, regulations and ordinances; and legal, administrative and fiscal work undertaken to assure and implement such compliance. Failure to pay or reimburse the City in a timely manner may cause the City to cease all construction inspections until such time as all anticipated or outstanding inspection and administration fees have been satisfied. Page 8 Aster Hills Estates Subdivider’s Agreement SECTION X: MISCELLANEOUS REQUIREMENTS The Subdivider shall: 1. Easements: Provide any easements on Subdivider's land deemed necessary by the Public Works Director or his designee prior to the Final Plat being signed, provided such easements are along lot lines or to the rear of the lots and are not any more restrictive to the building of homes beyond the applicable side yard and offset distances required by the zoning for such lots. 2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and performed in a good and workmanlike manner. 3. Survey Monuments: Properly place and install any lot, block or other monuments required by State Statute, City Ordinance or the City Engineer. 4. Deed Restrictions: Execute and record deed restrictions in a form that is subject to the approval of the City Council, City Planner and City Attorney, and provide proof of recording prior to sale of lots for the Subdivision. The deed restrictions shall also contain the following language: "Each lot owner must strictly adhere to and finish grade its lot in accordance with the Master Lot Grading Plan or any amendment thereto approved by the City Engineer on file in the office of the City Clerk. The Subdivider and/or the City and/or their agents, employees or independent contractors shall have the right to enter upon any lot, at any time, for the purpose of inspection, maintenance, correction of any drainage condition, and the property owner is responsible for cost of the same." 5. Grades: Prior to the issuance of a building permit for a specific lot, the Subdivider and/or lot owner and/or their agent shall furnish to the Building Inspector of the City a copy of the stake out survey showing the street grade in front of the lot, the finished yard grade, the grade of all four corners of the lot, and the lot corner grades of the buildings on adjoining lots where applicable, as existing and as proposed. 6. Underground Utilities: Install all electrical, telephone, cable and gas utilities underground. Coordination of installation and all costs shall be the responsibility of the Subdivider. 7. Permits: Provide and submit to the City upon the City’s request, valid copies of any and all governmental agency permits. 8. Removal of Topsoil: The Subdivider agrees that no topsoil shall be removed from the Subdivision without approval from the City Engineer of which said approval shall not be unreasonably withheld. 9. Park, Conservation Land, Conservation Trail and Public Site Dedication Fees: Said fees are waived in in lieu of dedication of Outlot 2. 10. North Cape Recreation Trail: Subdivider shall design and install recreation trail portion along frontage of properties not owned by Subdivider along North Cape Road and this shall be made part of the construction plans. If said trail is located off of the Subdivision lands as previously described, the trail is to be constructed and located within the right-of-way of North Cape Road. The Subdivider shall not be responsible to obtain any permanent or temporary easements for the construction and location of said section of the trail. Page 9 Aster Hills Estates Subdivider’s Agreement 11. Noise: Make every effort to minimize noise, dust and similar disturbances, recognizing that the Subdivision are located near existing residences. Construction of Improvements shall not begin before 7:00 a.m. during weekdays and Saturdays, and 9:00 a.m. on Sundays. Construction of Improvements shall not continue beyond 7:00 p.m. during weekdays and Saturdays, and 5:00 p.m. on Sundays. 12. Debris: Have ultimate responsibility for cleaning up debris that has blown from buildings under construction within the Subdivision until such time as all Improvements have been installed and Final Acceptance has been granted by the City Council as described in Section VII. The City shall make a reasonable effort to require the contractor responsible for the debris to clean up the debris or to hold the subject property owner who hired the contractor responsible. The Subdivider and/or subject property owner shall clean up the debris within forty-eight (48) hours after receiving a notice from the City Engineer. If said debris is not cleaned up after notification, the City will do so at the Subdivider’s and/or subject property owner's expense. 13. Public Construction Projects: If any aspect of the development involves a public construction project subject to the State law, all requirements of the State Public Construction Bidding Law must be satisfied, including but not limited to, providing a performance bond. 14. Prevailing Wage Rates and Hours of Labor: If any aspect of the development involves a project of public works that is regulated by Wisconsin Statutes Section 66.0903, then: (1) The Subdivider shall pay wage rates not less than the prevailing hourly wage rate as described and regulated pursuant to such statutes and related laws; and (2) The Subdivider shall comply with the prevailing hours of labor as described and regulated pursuant to such statutes and related laws; and (3) The Subdivider shall fully comply with the reporting obligations, and all other requirements of such laws; and (4) The Subdivider shall ensure that the Subdivider’s subcontractors also fully comply with such laws. The Subdivider’s General Indemnity obligation of this Agreement shall apply to any claim that alleges that work contemplated by this Agreement is being done, or has been done, in violation of prevailing wage rates, prevailing hours of labor, or Wisconsin Statutes Section 66.0903 for any work arising out of this agreement. SECTION XI: GENERAL CONDITIONS AND REGULATIONS Municipal Codes and Ordinances: All the provisions of the City's ordinances are incorporated herein by reference, and all such provisions shall bind the parties hereto and be a part of this Agreement as fully as if set forth at length herein. This Agreement and all work and Improvements required hereunder shall be performed and carried out in strict accordance with and subject to the provisions of said ordinances. SECTION XII: GUARANTEES 1. The Subdivider shall guarantee the public roads and streets, sanitary sewers, water mains, surface water drainage improvements and all other improvements described in Section III, against defects due to faulty materials or workmanship provided that such defects appear within a period of 14 months from the date of Final Acceptance and this time period shall be defined as the Guarantee Period. The Subdivider shall pay for any damages to City property resulting from such faulty materials or workmanship. This guarantee shall not be a bar to any action the City might have for negligent workmanship or materials. Wisconsin law on negligence shall govern such situations. The amount of the guarantee shall be equal to the total cost to complete any uncompleted public Improvements at the time that Final Acceptance is granted plus up to 10 percent of the total cost of the completed public improvements pursuant to current City practice, policy and procedure. If the Subdivider fails to pay for any damages or defects to City property and/or Improvements, and the City is required to draw against the financial guarantee, the Subdivider is required to replenish the financial guarantee up to an amount that equals the total cost to complete any uncompleted public Page 10 Aster Hills Estates Subdivider’s Agreement Improvements plus up to 10 percent of the total costs of the completed public Improvements pursuant to current City practice, policy and procedure. 2. Obligation to Repair. The Subdivider shall make or cause to be made, at its own expense, any and all repairs which may become necessary under and by virtue of the Subdivider’s Guarantee and shall leave the Improvements in good and sound condition, satisfactory to the City Council at the expiration of the Guarantee Period. 3. Notice of Repair. If during said Guarantee Period the Improvements, in the reasonable opinion of the City Engineer, require any repair or replacement necessitated by reason of structure of backfill, or other defective materials or workership, the Subdivider shall, upon notification by the City of the necessity for such repair or replacement, make such repair or replacement at its own cost and expense. Should the Subdivider fail to make such repair or replacement within the time specified by the City in the aforementioned notification, after notice has been sent as provided herein the City Council may cause such work to be done, (while having no obligation to do so), either by contract or otherwise, and the City Council may draw upon such Guarantee security to pay any costs or expenses incurred in connection with such repairs or replacements. Should the costs or expenses incurred by the City Council in repairing or replacing any portion of the Improvements covered by this Guarantee exceed the amount of the Guarantee security, then the Subdivider shall immediately pay any excess cost or expense incurred in the repair/replacement process. 4. Maintenance During Guarantee Period. a) All Improvements shall be maintained by the Subdivider so they conform to the approved plans and specifications during the Guarantee Period. This maintenance shall include routine maintenance, such as crack filling and roadway patching. In cases where emergency maintenance is required, the City Council retains the right to complete the required emergency maintenance in a timely fashion and bill the Subdivider for all the associated costs. Said bill shall be paid immediately by the Subdivider. The Subdivider’s obligation to maintain all Improvements shall expire at the expiration of the Guarantee period. b) Street sweeping and dust suppression shall be done by the Subdivider upon a regular basis as needed to ensure a reasonably clean and safe roadway until end of the Guarantee Period. Should the Subdivider fail to meet this requirement, the City Council may cause the work to be done and thereafter bill the Subdivider on a time and material basis, with the invoice to be paid immediately by the Subdivider. If the cause of the dust or the necessity of street sweeping is not the Subdivider, but a lot owner, the City shall reasonably pursue cost recovery from the person causing the dustresulting in the necessity of street sweeping. c) In the event drainage problems arise within the Subdivision, the Subdivider shall correct such problems to the satisfaction of the City Engineer. Such correction measures shall include, without limitation because of enumeration, cleaning of soil, loose aggregate and construction debris from culverts, drainage ditches and streets; dredging and reshaping of siltation or retention ponds; replacing of siltation fences; sodding and or seeding; construction of diversion ditches, ponds and siltation traps; and restoration of all disturbed areas. This responsibility shall continue until such time as the roads, ditches, and other disturbed areas have become adequately vegetated under best management practices and the City Council is satisfied that the Subdivider has restored all areas which were disturbed because of the development of the Subdivision. SECTION XIII : GENERAL INDEMNITY In addition to, and not to the exclusion or prejudice of, any provisions of this Agreement or documents incorporated herein by reference, Subdivider shall indemnify and save harmless, and agrees to accept Page 11 Aster Hills Estates Subdivider’s Agreement tender of defense and to defend and pay any and all reasonable legal, accounting, consulting, engineering and other expenses relating to the defense of any claim asserted or imposed upon the City its officers, agents, and employees, and independent contractors growing out of this Agreement as stated above by any party or parties except those claims asserted by Subdivider against City, its officers, agents and employees in an effort to enforce this Agreement. The Subdivider shall also name as additional insured on its general liability insurance the City, its officers, agents, and employees, and any independent contractors hired by the City to perform service as to this Subdivision and give the City evidence of the same upon request by the City. a) Hold Harmless. The Subdivider shall indemnify and hold harmless the City, its officers, agents, independent contractors, and employees from and against all claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense (i) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of the Subdivider, its officers, agents, independent contractors, and employees or anyone for whose acts any of them may be made liable, regardless of whether or not it is caused in part by a party indemnified herein. In any and all claims against the City, its officers, agents, independent contractors, and employees by the Subdivider, its officers, agents, independent contractors, employees, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be held liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Subdivider, its officers, agents, independent contractors, employees under Workers’ Compensation Acts, disability benefit acts, or other employee benefit acts. b) Personal Liability of Public Officials. In carrying out any of the provisions of this Agreement or in exercising any power or authority granted to them thereby, there shall be no personal liability of the City officers, agents, independent contractors, or employees, it being expressly understood and agreed that in such matters they act as agents and representatives of the City. c) Indemnification for Environmental Contamination. The Subdivider shall indemnify, defend, and hold City and its officers, agents, independent contractors, and employees harmless from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in connection with the Plat and this Agreement (including but not limited to street right-of-way) of any toxic or hazardous substances arising from any activity occurring prior to the acceptance of all Improvements. Without limiting the generality of the foregoing, the indemnification by the Subdivider shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, State, or Federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether in or on the soil, groundwater, air, or any other receptor. The City agrees that it will immediately notify Subdivider of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. Upon receipt of notice from the City or other entities, Subdivider shall investigate and rectify conditions which indicate the presence of or suspected presence of contamination on the subject property as identified by local, state, or federal agencies in order to comply with applicable laws. d) Subdivider shall, at its expense, obtain and carry commercial general liability insurance on an occurrence basis with limits of ten million dollars ($10,000,000) general aggregate; ten million dollars ($10,000,000) products completed operations aggregate; and ten million dollars ($10,000,000) each occurrence for bodily injury and property damage (or such higher amounts Page 12 Aster Hills Estates Subdivider’s Agreement as the City shall from time to time deem reasonable). Such policy shall cover both Subdivider and the City and its agents, employees, and officials, and all insurers shall agree not to cancel the same without at least thirty (30) days written notice to the Subdivider. Upon said notice of cancellation to Subdivider, immediate written notice shall be provided to City by Subdivider. A certificate of Subdivider’s insurance shall be furnished to the City upon execution of this Agreement. Each such policy shall provide that no act or default of any person other than the City or its agents shall render the policy void as to the City or effect the City’s right to recover thereon. SECTION XIV : CITY RESPONSIBILITY FOR IMPROVEMENTS: The City shall not be responsible to perform repair or maintenance on any Improvements until the final surface course of pavement has been completed and accepted by the City. SECTION XV : RISK OF PROCEEDING WITH IMPROVEMENTS PRIOR TO APPROVALS OF FINAL PLAT: If a Subdivider proceeds with the installation of Improvements or other work on the site prior to approval of the final plat, it proceeds at its own risk as to whether or not the final plat will receive all necessary approvals. The Subdivider, prior to commencement of the installation of Improvements or other work on site, shall notify the City of the Subdivider’s intention to proceed with the installation of Improvements or other work on site, prior to approval of the final plat. Additionally, Subdivider shall make arrangements to have any Improvements and/or other work on site inspected by the City Engineer. SECTION XVI : AGREEMENT FOR BENEFIT OF PURCHASERS: The Subdivider agrees that in addition to the City's rights herein, the provisions of this Agreement shall be for the benefit of the purchaser of any lot or any interest in any lot or parcel of land in the Subdivision. Further, that the sale of any lot or parcel shall not release the Subdivider from completing the work provided for under this Agreement, by applicable ordinances and as set forth in the plans and specifications on file in the City Building and Engineering Department. SECTION XVII : CONSTRUCTION PERMITS, ETC. The City shall, within its authority: 1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit the Subdivider to construct the Improvements in accordance with the plans and specifications called for by this Agreement, upon Subdivider's compliance with any deposit provisions or other requirements of the applicable ordinances or regulations. 2. Furnish the Subdivider such permits or easements as may be required to enter upon and install the previous described Improvements in any public street or public property. 3. Cooperate with the Subdivider in obtaining similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the premises. 4. Make available to the Subdivider or their nominee, successors or assigns, permits for the construction of single-family residences subject to the provision of Section XIII. SECTION XVIII : BUILDING AND OCCUPANCY PERMITS: It is expressly understood and agreed that no building permits shall be issued for any homes until the Public Works Director or his designee has determined that: Page 13 Aster Hills Estates Subdivider’s Agreement 1. Either a Subdivision Bond or a letter of credit remains on file for the remaining Improvements. 2. The Final Plat is recorded and the appropriate copies and mylar of the recorded plat are delivered to the Community Development Department. 3. The Resolution of the Final Acceptance of Improvements is approved by the City. 4. Any negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Community Development Director. 5. The Subdivider has prepared appropriate deed restrictions which are approved by the City, filed with the City Clerk and recorded with the Waukesha County Register of Deeds. 6. The Subdivider is not in default of any aspect of this Agreement. 7. There is no default of any aspect of this Agreement. It is expressly understood and agreed that no occupancy permits shall be issued for any homes until the Community Development Director has determined that: 1. Street Tree Plans as required by Section III E (3) of this Agreement have been approved. SECTION XVIII : RESERVATION OF RIGHTS AS TO ISSUANCE OF BUILDING PERMITS: The City reserves the right to withhold issuance of any and all building permits if Subdivider is in violation of this Agreement, but no permits shall be unreasonably withheld. SECTION XIX : FINANCIAL GUARANTEES: 1. FINANCIAL GUARANTEE: Concurrent with the execution of this Agreement by the City, the Subdivider shall file with the City either a Subdivision Bond or a Letter of Credit, in the City Attorney approved form, setting forth terms and conditions in the amount of $4,515,968.53 as a guarantee that the required plans and Improvements will be completed by the Subdivider and its subcontractors no later than one (1) year from signing of the Agreement, except if another date is provided within this Agreement and as a further guarantee that all obligations to the subcontractors for work on the Subdivision are satisfied. If at any time: a) The Subdivider is in default of any aspect of this Agreement, or b) The Subdivider does not complete the installation of the Improvements within one (1) year from the signing of this Agreement unless otherwise extended by this Agreement or by action of the City Council, or c) The letter of credit or bond on file with the City is dated to expire sixty (60) days prior to the expiration of the same if the same has not been extended, renewed or replaced, per the terms of this Agreement or d) The Subdivider fails to maintain a cash deposit, bond or letter of credit in an amount approved by City Engineer, and in a form approved by the City Attorney, to pay the costs of Improvements in the Subdivision per the terms of this Agreement, the Subdivider shall be deemed in violation of this Agreement and the City Council shall have the authority to draw upon the financial guarantee. Page 14 Aster Hills Estates Subdivider’s Agreement e) Invoices: Invoices documenting public Improvements addressed and not addressed in the Letter of Credit or the Subdivision Bond, but attributable to the subject development shall be provided to the City. f) Reduction Of Either Subdivision Bond or Letter Of Credit Balance: The Subdivider shall provide Public Works Director or his designee with a written request accompanied by: invoices for work completed for which a release is being requested, breakdown of invoices in the format of the Public Improvement Cost Breakdown form, and signed original lien waivers for all work which is subject of the release request. The Public Works Director or his designee will process all requests in accordance with policies adopted by the Finance Committee, as may be amended from time to time. 2. DEVELOPER'S DEPOSIT: The Subdivider shall maintain a $10,000.00 balance in the Developer's Deposit. No reduction of either the Subdivision Bond or the Letter of Credit balance shall be entertained until the Developer's Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation of the Finance Committee. 3. PRESERVATION OF ASSESSMENT RIGHTS: a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City shall have the right, without notice or hearing, to impose special assessments for any amount to which the City is entitled by virtue of this Agreement upon the Subdivision. This provision constitutes the Subdivider’s consent to the installation by the City of all Improvements required by this Agreement and constitutes the Subdivider’s waiver of notice and consent to all special assessment proceedings as described in Section 66.0703(7)(b), Wis. Statutes. b) Remedies not exclusive. The City may use any other remedies available to it under the Agreement or in law or equity in addition to, or in lieu of, the remedies provided herein. SECTION XX : PARTIES BOUND: Subdivider or its assignees shall be bound by the terms of this Agreement or any part herein as it applies to any phase of the development. Any mortgagees of the Property must consent to the terms of this Agreement, and must subordinate their interest to the interests of the City, if applicable. Approval by the City shall not be deemed a waiver as the ultimate responsibility for the proper design and installation of streets improvements, drive and parking areas, drainage facilities, ditches, landscaping and all other improvements shall be the Subdividers. The fact that the City or it's engineers, or it's attorney, or it's staff may approve a specific project shall not constitute a waiver, or relieve the Subdivider from ultimate responsibility for the design, performance, and function of the development and related infrastructure. SECTION XXI : EXCULPATION OF VILLAGE CORPORATE AUTHORITIES: The parties mutually agree that the Mayor and/or the City Clerk, entered into and are signatory to this Agreement solely in their official capacity and not individually, and shall have no personal liability or responsibility hereunder; and personal liability as may otherwise exist, being expressly released and/or waived. SECTION XXII : PRELIMINARY PLAT AND FINAL PLAT CONDITIONS: At a time prior to the Subdivider’s installation of the binder course of asphalt, the Subdivider shall submit the final plat of Aster Hills Estates for the City’s final approval of said plat. The City shall review and approve said plat within 60 days of the substantial completion if the Improvements which is defined as the time at which the binder course of asphalt has been installed. Page 15 Aster Hills Estates Subdivider’s Agreement The Subdivider acknowledges that the Subdivision is subject to a conditional preliminary plat approval and a conditional final plat approval by the City. The Subdivider further agrees that it is bound by these conditions. A copy of the conditional preliminary plat approval for the subject property is attached hereto and incorporated herein as EXHIBIT B (City Resolution #100-2014), and the conditional final plat approval for the subject property is incorporated herein as EXHIBIT C. If there is a conflict between the conditions as forth in said conditional approvals and the Subdivider’s Agreement, the more restrictive shall apply. SECTION XXIII : AMENDMENTS AND ASSIGNMENT: Subdivider shall not assign this Agreement without the written consent of the City. The City and the Subdivider, by mutual consent, may amend this Agreement, by written agreement between the City and the Subdivider. SECTION XXIV : NOTICES AND CORRESPONDENCE Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be effective upon being delivered personally, sent by prepaid United States Postal Service certified mail with return receipt requested, sent by facsimile with transmission confirmation, or sent by electronic mail with return receipt requested, to all parties as follows: To City: Community Development Department City of Muskego POB 749 W182 S8200 Racine Avenue Muskego, WI 53150-0749 Phone Number: (262) 679-4136 Facsimile: (262) 679-5614 Email: jmuenkel@cityofmuskego.org To Subdivider: HBT of Aster Hills Estates LLC C/O Towne Realty, Inc., manager 710 North Plankinton Avenue Milwaukee, WI 53203 Attn: James W. Doering Phone Number (414) 274-2488 Facsimile: (414) 274-2711 Email Address: Jim.Doering@Zilber.com And Sandra J. DeLisle, Esq. Zilber Ltd. 710 North Plankinton Avenue Milwaukee, WI 53203 Phone Number: (414) 274-2438 Facsimile: (414) 274-2710 Email: Sandi.DeLisle@Zilber.com All notices shall be considered to have been delivered at the time such notices are personally delivered to each party, facsimile transmission, or electronic mail, or three (3) days after the date of postmark on any prepaid certified letter. Page 16 Aster Hills Estates Subdivider’s Agreement Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address, telephone or facsimile number, or electronic mail address. Failure to provide said notice may constitute a default by the party. SECTION XXV : RECORDING This Agreement shall be recorded against the Subdivision property and shall run with the land. SECTION XXVI : STORM WATER AGREEMENT Prior to or contemporaneously with the recording of the Final Plat, the Subdivider shall enter into a Storm Water Management Practice Maintenance Agreement in a form approved by the City Attorney and the City Engineer to ensure the proper maintenance of all storm water facilities within the Subdivision, and such Storm Water Agreement shall be recorded against the Subdivision property. SECTION XXVII : PARTIES TO THE AGREEMENT This Agreement is binding upon the Subdivider, the owners of the Subdivision, their successors and assigns, and any and all future owners of the Subdivision (the “Successors”). This section allows for City enforcement of the terms and conditions of this Agreement against all such Successors, as the Subdivider. This does not, however, grant rights to such Successors absent City written consent, as described in Section XVII. IN WITNESS HEREOF, Subdivider has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. SUBDIVIDER: A. HBT of Aster Hills Estates LLC By: Towne Realty, Inc., manager By: _______________________________ William A. Wigchers, Vice President STATE OF WISCONSIN ) SS MILWAUKEE COUNTY ) PERSONALLY came before me this _____ day of ______, 20__, ___________, Vice President of Towne Realty, Inc., to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of Wisconsin My Commission Expires SUBDIVISION PROPERTY OWNER: HBT of Aster Hills Estates LLC By: Towne Realty, Inc., manager Page 17 Aster Hills Estates Subdivider’s Agreement By:__________________________________ William A. Wigchers, Vice President STATE OF W ISCONSIN ) SS _______________ COUNTY ) PERSONALLY came before me this _____ day of ______, 20__, ___________, Subdivision Property Owner, to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of Wisconsin IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. B. CITY OF MUSKEGO: BY: Kathy Chiaverotti, Mayor BY: Sharon Mueller, City Clerk-Treasurer STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this _____ day of ______, 20__, the above named Kathy Chiaverotti, Mayor, and Sharon Mueller, City Clerk-Treasurer of the City of Muskego, to me known to be the persons executed the foregoing instrument, and to me known to be such Mayor and City Clerk-Treasurer of said municipal corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said municipal corporation by its authority and pursuant to the authorization by the Common Council from their meeting on the _____ day of ______, 20__. Notary Public-State of Wisconsin My Commission Expires CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Subdivider's Agreement for Aster Hills Estates Subdivision, Muskego, Wisconsin, as entered into on the _____ day of ______, 20__, by and between _____________ and the City Of Muskego, pursuant to the authorization by the Common Council from their meeting on the _____ day of ______, 20__. Page 18 Aster Hills Estates Subdivider’s Agreement BY THE COMMON COUNCIL ________________________ Sharon Mueller, City Clerk-Treasurer City Clerk/Treasurer SUBSCRIBED AND SWORN TO BEFORE ME This _____ day of ______, 20__. My commission expires This instrument drafted by Jeff Muenkel, AICP City of Muskego PO Box 0749 Muskego, WI 53150-0749 Page 19 Aster Hills Estates Subdivider’s Agreement Exhibit A Legal Description Parcel One (1) of CERTIFIED SURVEY MAP NO. 6039 being a part of the Southeast One-quarter (1/4) and Southwest One- quarter (1/4) of the Northeast One-quarter (1/4) of Section Twenty-four (24), in Township Five (5) North, Range Twenty (20) East, in the City of Muskego, Waukesha County, Wisconsin, recorded in the Register of Deeds for Waukesha County on November 30, 1989 in Volume 49 of Certified Survey Maps on Pages 261 to 263 inclusive, as Document No. 1567191. AND All that part of the Northeast One-quarter (1/4) of Section Twenty-four (24), in Township Five (5) North, Range Twenty (20) East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Northwest corner of said ¼ Section; thence South 01°25’14” East, along the West line of said ¼ Section, 403.38 feet to the Southwest corner of Parcel I of Certified Survey Map No. 3641, a recorded map in Waukesha County, and the point of beginning of the lands to be described; thence North 87°32’00” East, along the South li ne of said Certified Survey Map No. 3641, 175.00 feet to the Southeast corner of said Certified Survey Map; thence North 01°25’14” West, along the East line of said Certified Survey Map, 373.37 feet to a point 30 feet South of as measured normal to the Nor th line of said ¼ Section, said point being the Northeast corner of said Certified Survey Map; thence North 87°32’00” East, parallel to the Nor th line of said ¼ Section 1028.47 feet to a point on the Southerly right-of-way line of the old location of Durham Drive; thence South 39°58’00” East, along said line, 714.10 feet to a point on the Westerly line of North Cape Road; said point being 50 fe et West of the Center line of said road; thence South 09°33’08” West along said line, 475.38 feet to a point on the North line of Certified Survey Map No. 866; thence North 82°18’14” West, along the North line of said Certified Survey Map, 290.49 feet to the Northwest corner of said Certified Survey Map; thence South 07°41’46” West, along the West line of Certified Survey Map No. 866 and Certified Survey Map No. 196, 370.04 feet to a point; thence South 82°18’14” East, along the South line of Certified Survey Map No. 196 and the North line of Certified Survey Map No. 6039, 278.50 feet to a point on the Westerly line of North Cape Road, said point being 50 feet West as measured normal to the centerline of said road; thence South 09°33’08” West, along said line, 307.78 feet to a point of curve; thence Southwesterly 249.31 feet, along the ar c of a curve, center lying to the East, whose radius is 1687.02 feet, with a chord which bears South 05°19’07” West, a chord distance of 249.08 feet, to a point; thence South 87°31’12” West, 1399.73 feet to a point on the West line of said ¼ Section; thence North 01°25’14” West, along said line, 1568.70 feet to the point of beginning. Together with that portion of vacated Durham Drive (OLD) abutting said premises on the Northeast. Excepting therefrom those lands described in a Quit Claim Deed recorded on March 22, 2007 as Document No. 3466858. Also excepting therefrom those lands described as Certified Survey Map No. 6039 recorded on November 30, 1989 in Volume 49 of Certified Survey Maps on Pages 261 to 263, as Document No. 1567191. AND All that part of the Northeast One-quarter (1/4) and Northwest One-quarter (1/4) of the Northeast One-quarter (1/4) of Section Twenty-four (24), in Township Five (5) North, Range Twenty (20) East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Northwest corner of said ¼ Section; thence North 87°32’00” East, along the North line of said ¼ Section, 1179.90 feet to a point; thence South 39°58’00” East, 475.66 feet to a point; thence North 09°33’08” East, 32.54 feet to the point of beginning of the lands to be described; thence continuing North 09°33’08” East, 32.54 feet to a point; thence North 39°58’00” West, 178.07 feet to a point on the Southerly line of relocated Durham Road; thence Northwesterly 76.58 feet along the arc of a curve, center lying to the North, with a radius of 1004.93 feet, and with a chord which bears North 58°49’37” West, a chord distance of 76.57 feet, to a point; thence South 39°58’00” East, 271.65 feet to the point of beginning. AND Part of the Northeast One-quarter (1/4) of Section Twenty-four (24), in Township Five (5) North, Range Twenty (20) East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Page 20 Aster Hills Estates Subdivider’s Agreement Exhibit A Continued Commencing at the Northwest corner of said ¼ Section; thence South 01°25’14” East along the West line of said ¼ Section 1972.08 feet to the point of beginning of the lands to be described; thence North 87°31’12” East along the South line of land s described in Document No. 228641 a distance of 1399.71 feet to the West line of North Cape Road; thence Southerly 20.50 feet along said West line and the arc of a curve whose center lies to the East, whose radius is 1687.02 feet and whose chord bears South 00°46’15” West 20.50 feet to the North line of Boxhorn Reserve; thence South 87°32’08” West along said North line 1398.92 feet to the West line of said Northeast ¼ Section; thence North 01°25’14” West along said West line 20.09 feet t o the point of beginning. Page 21 Aster Hills Estates Subdivider’s Agreement Exhibit B Conditional Approval of Preliminary Plat (City Resolution #100-2014) COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #100-2014 APPROVAL OF PRELIMINARY PLAT FOR THE ASTER HILL ESTATES SUBDIVISION WHEREAS, A preliminary plat was submitted by Towne Realty for the Aster Hill Estates Subdivision (formerly Wildflower Farms) located in the NE ¼ of Section 24 (Tax Key Nos. 2253.998.003 and 2253.998); and WHEREAS, Said plat proposes the development of 53 single-family residential parcels and a number of outlots for park/conservation dedication, wetland preservation and stormwater management; and WHEREAS, The Plan Commission has recommended approval of the preliminary plat subject to the conditions of adopted Resolution #P.C. 063-2014; and NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego, upon the recommendation of the Plan Commission, does hereby approve the preliminary plat and three -lot certified survey map for the Belle Chasse Subdivision in the SE 1/4 of Section 11 subject to each of the following conditions being met: 1. Developer completing all subdivision improvements prior to approval of the final plat. 2. All of the subdivision improvements shall be made only after approval of the landscape plans by the City Forester and only after the approval of the construction plans by the City Engineer, the Public Works Committee and a Developer’s Agreement between the City and Subdivider agreeing to install the required improvements is entered, approved by the City and recorded and a letter of credit, cash or certified chec k meeting the approval of the City Attorney in an amount equal to 120% the estimated cost of the improvements is given. 3. Pursuant to §18.31(2)(d) of the Muskego Chapter 18 Land Division ordinance, the final plat must be submitted and approved within thirty-six months of the preliminary plat approval. The final plat will not be approved until after the acceptance of improvements to insure that no lots are sold until all improvements are accepted by the City. 4. Approval is subject to receipt of the submittal fees and favorable reports from all approving and objecting agencies. 5. That a digital file of the preliminary plat shall be submitted to the City in accordance with Common Council Ordinance #1118 and Resolution #196-2002. DATED THIS 9TH DAY OF DECEMBER , 2014. Field Code Changed Page 22 Aster Hills Estates Subdivider’s Agreement Exhibit C Conditional Approval of Final Plat (will not exist until binder course of pavement is installed and final plat is submitted and approved by the City) Council Date MAY 26, 2015 Total Vouchers All Funds $236,719.95 Total Voucher Approval Utility Vouchers (Approve Separately) Water Vouchers $15,930.10 Water Wire Transfers Total Water $15,930.10 Sewer Vouchers 17,578.23 Sewer Wire Transfers Total Sewer $17,578.23 Net Total Utility Vouchers $ 33,508.33 #1 - Utility Voucher Approval Tax Vouchers - Refunds & Tax Settlements (Approve Separately) Tax Vouchers $3,670.02 Tax Void Checks ()** Total Tax Vouchers $ 3,670.02 #2 - Tax Voucher Approval Total General Fund Vouchers (Approve Separately) General Fund Vouchers $199,541.60 General Fund Void Checks ()** Total General Fund Vouchers $ 199,541.60 #3 - General Voucher Approval Big Muskego Lake Vouchers $ . Wire transfers (Approve Separately): Tax Settlements $ Debt Service $665,700.00 Payroll/Invoice Transmittals $314,244.28 #4 - Wire Transfers Approval Void Checks Since Last Report Check #Amount Check #Amount Total *** Total 0.00 *Total *** CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1 Report dates: 5/13/2015-5/26/2015 May 22, 2015 12:03PM Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments" Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number ACE HARDWARE - WINDLAKE 739650 1 Invoice SHOP TOWELS 04/09/2015 05/26/2015 37.35 515 605.51.06.05.5702 739650 2 Invoice SHOP TOWELS 04/09/2015 05/26/2015 37.35 515 601.61.61.15.5415 Total ACE HARDWARE - WINDLAKE:74.70 ADDICTION RESOURCE COUNCIL, INC AD52615 1 Invoice MONEY FROM DRUG COLLECTIO 05/18/2015 05/26/2015 96.85 515 100.02.20.01.4333 Total ADDICTION RESOURCE COUNCIL, INC:96.85 ADVANCED DISPOSAL - MUSKEGO-C6 C6042670/526 1 Invoice REF/APR 04/30/2015 05/26/2015 52,565.70 515 205.03.30.00.5820 C6042670/526 2 Invoice RECYCLING/APR 04/30/2015 05/26/2015 24,549.40 515 205.03.00.00.5820 C6042670/526 3 Invoice YARD WASTE/APR 04/30/2015 05/26/2015 1,378.59 515 205.03.00.00.6056 Total ADVANCED DISPOSAL - MUSKEGO-C6:78,493.69 ADVANTAGE POLICE SUPPLY INC 15-0522 1 Invoice SCIT vests/equipment 05/19/2015 05/26/2015 4,831.60 515 410.08.91.20.6508 Total ADVANTAGE POLICE SUPPLY INC:4,831.60 AMERICAN RED CROSS 10368385 1 Invoice Babysitting class certifications 05/18/2015 05/26/2015 90.00 515 100.05.72.14.5730 Total AMERICAN RED CROSS:90.00 AMERICAN SIGNAL CORPORATION 0005931-IN 1 Invoice SIREN SITE M03 TEST ANT, INSTA 04/30/2015 05/26/2015 205.00 515 410.08.91.20.6507 Total AMERICAN SIGNAL CORPORATION:205.00 ANDERSON, JENNIFER AN052615 1 Invoice Preschool Class supplies 05/18/2015 05/26/2015 23.72 515 100.05.72.16.5702 Total ANDERSON, JENNIFER:23.72 ASSURANT EMPLOYEE BENEFITS 5469400/52615 1 Invoice DENTAL - JUNE 05/14/2015 05/26/2015 3,395.64 515 100.00.00.00.2211 5469400/52615 2 Invoice VISION - JUNE 05/14/2015 05/26/2015 457.17 515 100.00.00.00.2212 Total ASSURANT EMPLOYEE BENEFITS:3,852.81 AT & T GLOBAL SRV, INC SB841527 1 Invoice Radio Service 05/19/2015 05/26/2015 292.50 515 410.08.91.20.6507 Total AT & T GLOBAL SRV, INC:292.50 AT & T 262679410605 1 Invoice Phone Service 05/21/2015 05/26/2015 607.60 515 100.01.06.00.5601 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2 Report dates: 5/13/2015-5/26/2015 May 22, 2015 12:03PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total AT & T:607.60 BAKER & TAYLOR COMPANY 2030612991 1 Invoice PRINT 05/19/2015 05/26/2015 2,737.17 515 100.05.71.01.5711 2030621997 1 Invoice PRINT 05/19/2015 05/26/2015 71.82 515 100.05.71.01.5711 2030630724 1 Invoice PRINT 05/21/2015 05/26/2015 140.41 515 100.05.71.01.5711 2030630949 1 Invoice PRINT 05/21/2015 05/26/2015 464.13 515 100.05.71.01.5711 2030631096 1 Invoice PRINT 05/21/2015 05/26/2015 557.02 515 100.05.71.01.5711 2030638692 1 Invoice PRINT 05/21/2015 05/26/2015 707.22 515 100.05.71.01.5711 2030641377 1 Invoice PRINT 05/21/2015 05/26/2015 1,353.34 515 100.05.71.01.5711 5013619359 1 Invoice PRINT 05/21/2015 05/26/2015 62.18 515 100.05.71.01.5711 5013631434 1 Invoice PRINT 05/21/2015 05/26/2015 47.00 515 100.05.71.01.5711 Total BAKER & TAYLOR COMPANY:6,140.29 BAKER & TAYLOR ENTERTAINMENT K41543140 1 Invoice AV 05/21/2015 05/26/2015 49.55 515 100.05.71.02.5711 M71340920 1 Invoice AV 05/19/2015 05/26/2015 11.98 515 100.05.71.02.5711 M71340921 1 Invoice AV 05/19/2015 05/26/2015 14.98 515 100.05.71.02.5711 M71340922 1 Invoice AV 05/19/2015 05/26/2015 53.98 515 100.05.71.02.5711 M71340923 1 Invoice AV 05/19/2015 05/26/2015 225.27 515 100.05.71.02.5711 M71340924 1 Invoice AV 05/19/2015 05/26/2015 25.19 515 100.05.71.02.5711 M71340925 1 Invoice AV 05/19/2015 05/26/2015 14.39 515 100.05.71.02.5711 M71711220 1 Invoice AV 05/19/2015 05/26/2015 66.93 515 100.05.71.02.5711 M72228030 1 Invoice AV 05/21/2015 05/26/2015 592.24 515 100.05.71.02.5711 M72429130 1 Invoice AV 05/21/2015 05/26/2015 32.37 515 100.05.71.02.5711 Total BAKER & TAYLOR ENTERTAINMENT:1,086.88 BURTON & MAYER INC 571801 1 Invoice JOINT SCHOOL DIST-CITY LTR 03/31/2015 05/26/2015 4,045.00 515 100.01.06.00.6001 573416 1 Invoice #10 REG ENVELOPES 04/30/2015 05/26/2015 348.00 515 100.01.06.00.5701 573612 1 Invoice BUSINESS CARDS/MADDEN/KAPU 04/30/2015 05/26/2015 115.00 515 100.01.06.00.5701 Total BURTON & MAYER INC:4,508.00 CAPITAL CITY CULVERT 5831 1 Invoice CULVERTS 05/14/2015 05/26/2015 4,476.50 515 100.04.51.04.5745 5839 1 Invoice CULVERTS 05/14/2015 05/26/2015 5,650.00 515 100.04.51.04.5745 Total CAPITAL CITY CULVERT:10,126.50 CDW GOVERNMENT, INC VG63065 1 Invoice Keyboard & Mouse 05/21/2015 05/26/2015 43.16 515 100.02.20.01.5504 Total CDW GOVERNMENT, INC:43.16 CENTURY LINK 1338495990 1 Invoice Long Distance 05/21/2015 05/26/2015 3.73 515 100.01.06.00.5601 Total CENTURY LINK:3.73 COMPLETE OFFICE OF WIS 153596 1 Invoice TONER, P2035/2055 05/07/2015 05/26/2015 47.00 515 100.01.03.00.5701 153596 2 Invoice DUSTER CANISTERS 05/07/2015 05/26/2015 17.98 515 100.01.03.00.5701 329153 1 Invoice OFFICE SUPPLIES 05/20/2015 05/26/2015 25.56 515 100.06.18.01.5701 331722 1 Invoice OFFICE SUPPLIES 05/13/2015 05/26/2015 16.40 515 100.01.03.00.5701 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3 Report dates: 5/13/2015-5/26/2015 May 22, 2015 12:03PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 331722 2 Invoice 2 TONER CARTRIDGES HP364A 05/13/2015 05/26/2015 187.50 515 100.01.03.00.5701 334170 1 Invoice OFFICE SUPPLIES 05/18/2015 05/26/2015 33.50 515 100.01.03.00.5701 90184 1 Invoice Ink for computer and binder clips 05/18/2015 05/26/2015 29.10 515 100.01.08.00.5701 Total COMPLETE OFFICE OF WIS:357.04 COUNTY MATERIALS CORPORATION 2528293-00 1 Invoice MANHOLE BLK - 6" SWR BLK 05/12/2015 05/26/2015 490.12 515 100.04.51.04.5744 Total COUNTY MATERIALS CORPORATION:490.12 COVELLI, GENE CO052615 1 Invoice PUB RELATIONS - LIONS 05/19/2015 05/26/2015 100.00 515 503.05.00.00.6007 CO052615 2 Invoice JAMMIN ON JANESVILLE 05/19/2015 05/26/2015 100.00 515 100.05.71.00.6062 Total COVELLI, GENE:200.00 CULLIGAN OF WAUKESHA CU52615 1 Invoice JENSEN PK FILTER MAY 04/30/2015 05/26/2015 43.21 515 100.04.51.08.5415 Total CULLIGAN OF WAUKESHA:43.21 DARE ECOSYSTEM MANAGEMENT LLC 2015013 1 Invoice BIG MUSKEGO ESTATES BURN 05/20/2015 05/26/2015 4,000.00 515 508.00.00.00.2603 Total DARE ECOSYSTEM MANAGEMENT LLC:4,000.00 DERSE, JOAL DE052615 1 Invoice Computer Class Cancellation 05/20/2015 05/26/2015 35.00 515 100.00.00.00.2110 Total DERSE, JOAL:35.00 DIVERSIFIED BENEFIT SERV INC. 201614 1 Invoice HRA FEES/MAY 05/05/2015 05/26/2015 387.50 515 100.01.06.00.5203 Total DIVERSIFIED BENEFIT SERV INC.:387.50 EAGLE MEDIA, INC. 00030376 1 Invoice DECALS #54 05/11/2015 05/26/2015 99.00 515 100.04.51.07.5405 00030387 1 Invoice Jones Boat Patrol Uniform 05/19/2015 05/26/2015 47.99 515 100.02.20.01.5151 00030404 1 Invoice Rens Uniform Pants 05/19/2015 05/26/2015 98.98 515 100.02.20.01.5151 Total EAGLE MEDIA, INC.:245.97 EDWARDS, WILLIAM ED052615 1 Invoice Program Guide Ads (Win/Spr)05/18/2015 05/26/2015 90.00 515 100.05.72.10.5820 Total EDWARDS, WILLIAM:90.00 ENERGENECS INC. 0030154IN 1 Invoice GASKETS & VALVE 05/08/2015 05/26/2015 574.83 515 601.61.61.16.5411 0030186-IN 1 Invoice KIT PM SINGLE STAGE 05/13/2015 05/26/2015 214.46 515 601.61.61.16.5411 Total ENERGENECS INC.:789.29 FASTENAL COMPANY WIMUK55162 1 Invoice TP/PAPER TOWEL 05/04/2015 05/26/2015 228.92 515 100.04.51.08.5415 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4 Report dates: 5/13/2015-5/26/2015 May 22, 2015 12:03PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total FASTENAL COMPANY:228.92 FERGUSON WATERWORKS #2516 0134819 1 Invoice 6 - 3/4" MTRS 05/06/2015 05/26/2015 1,743.96 515 605.00.00.00.1953 0134819-1 1 Invoice 4 - 1 1/2" MTRS 05/13/2015 05/26/2015 2,587.50 515 605.00.00.00.1953 Total FERGUSON WATERWORKS #2516:4,331.46 FOX SERVICES, LLC 4449 1 Invoice LAWN MOWING SERVICES - APRI 05/01/2015 05/26/2015 6,081.25 515 100.04.51.08.5415 4450 1 Invoice GROUNDS MAINTENANCE - APRIL 05/01/2015 05/26/2015 842.50 515 100.04.51.08.5415 Total FOX SERVICES, LLC:6,923.75 FRANKLIN AGGREGATES, INC. 1339310 1 Invoice CABC 04/30/2015 05/26/2015 1,658.96 515 100.04.51.02.5741 1342181 1 Invoice STONE 05/14/2015 05/26/2015 946.78 515 100.04.51.02.5741 1342181 2 Invoice LANNON & WDS SWR 05/14/2015 05/26/2015 667.29 515 601.61.61.16.5411 Total FRANKLIN AGGREGATES, INC.:3,273.03 GLEASON REDI MIX 226801 1 Invoice REDI MIX 04/27/2015 05/26/2015 94.50 515 100.04.51.04.5744 227146 1 Invoice REDI MIX 05/05/2015 05/26/2015 94.50 515 100.04.51.04.5744 Total GLEASON REDI MIX:189.00 GOVERNMENT FINANCE OFFICERS ASSOCIATION 0146376/52615 1 Invoice 1YR RENEWAL/SHARON 03/25/2015 05/26/2015 225.00 515 100.01.03.00.5305 Total GOVERNMENT FINANCE OFFICERS ASSOCIATION:225.00 GUNN, KIMBERLY GU052615 1 Invoice Tennis Course Cancellation 05/20/2015 05/26/2015 84.00 515 100.00.00.00.2110 Total GUNN, KIMBERLY:84.00 HD SUPPLY WATERWORKS, LTD D868749 1 Invoice REPAIR CPLG & PLUG 05/01/2015 05/26/2015 467.52 515 605.54.06.54.5702 Total HD SUPPLY WATERWORKS, LTD:467.52 HEARTLAND BUSINESS SYSTEMS I150506215 1 Invoice Library Citrix Implementation 05/21/2015 05/26/2015 2,645.00 515 100.01.14.00.5840 Total HEARTLAND BUSINESS SYSTEMS:2,645.00 HILLER FORD INC 336373 1 Invoice VEHICLE REPAIR 05/21/2015 05/26/2015 99.50 515 215.06.00.00.5704 Total HILLER FORD INC:99.50 HOLZ MOTORS, INC 1033663/52615 1 Invoice REMOVAL OF SALES TAX 02/07/2015 05/26/2015 2.03-515 100.01.09.00.5405 1044374 1 Invoice OIL & FILTER - MAINTENANCE VA 05/11/2015 05/26/2015 41.30 515 100.01.09.00.5405 1044374 2 Invoice REMOVAL OF SALES TAX 05/11/2015 05/26/2015 2.19-515 100.01.09.00.5405 65173/052615 1 Invoice Squad 1 radiator repair 05/19/2015 05/26/2015 654.73 515 100.02.20.01.5405 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5 Report dates: 5/13/2015-5/26/2015 May 22, 2015 12:03PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total HOLZ MOTORS, INC:691.81 HORN BROS, INC. 134791 1 Invoice 14-14-14 04/17/2015 05/26/2015 113.70 515 100.04.51.02.5742 Total HORN BROS, INC.:113.70 HUMPHREY SERVICE & PARTS 1177996 1 Invoice PICK PROMO 05/05/2015 05/26/2015 142.95 515 100.04.51.07.5405 1178017 1 Invoice RAD CAN 05/06/2015 05/26/2015 54.76 515 100.04.51.07.5405 Total HUMPHREY SERVICE & PARTS:197.71 INTEGRITY ENVIRONMENTAL I15232 1 Invoice ASBESTOS REMOVAL/PUMP HOU 05/07/2015 05/26/2015 2,930.00 515 605.54.06.41.5415 Total INTEGRITY ENVIRONMENTAL:2,930.00 JAMES IMAGING SYSTEMS INC (lease) 278396098 1 Invoice LEASE - PRINT STATION 05/21/2015 05/26/2015 425.00 515 100.05.71.00.5401 Total JAMES IMAGING SYSTEMS INC (lease):425.00 JANI-KING INC- MILW REGION MIL05150592 1 Invoice Extra Cleaning Old Town Hall 2x in A 05/18/2015 05/26/2015 100.00 515 100.05.72.03.5820 Total JANI-KING INC- MILW REGION:100.00 JOHNSON SAND & GRAVEL INC 71030 1 Invoice IDLE ISLE BEACH SAND 05/09/2015 05/26/2015 283.68 515 100.04.51.08.5415 Total JOHNSON SAND & GRAVEL INC:283.68 KC'S INFLATABLES, LLC 2015-105 1 Invoice JAMMIN ON JANESVILLE 05/21/2015 05/26/2015 87.50 515 100.05.71.00.6062 Total KC'S INFLATABLES, LLC:87.50 KOWALKOWSKI PLUMBING LLC 3745 1 Invoice PARK ARTHUR 05/06/2015 05/26/2015 173.65 515 100.04.51.08.5415 Total KOWALKOWSKI PLUMBING LLC:173.65 LF GEORGE IC48145 1 Invoice STUMP GRINDER 05/15/2015 05/26/2015 486.72 515 100.04.51.07.5405 IC48166 1 Invoice STUMP GRINDER 05/18/2015 05/26/2015 25.62 515 100.04.51.07.5405 Total LF GEORGE:512.34 MARK J. RINDERLE TIRE INC. 114550 1 Invoice RANGER/PARK 04/28/2015 05/26/2015 380.00 515 100.04.51.07.5735 114551 1 Invoice CREDIT LOADER 04/28/2015 05/26/2015 500.00-515 100.04.51.07.5735 114671 1 Invoice TIRES 05/08/2015 05/26/2015 1,082.76 515 100.04.51.07.5735 Total MARK J. RINDERLE TIRE INC.:962.76 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6 Report dates: 5/13/2015-5/26/2015 May 22, 2015 12:03PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number MEINEN, EARL 2228998008/52 1 Invoice TAX REFUND/95 05/07/2015 05/26/2015 2,262.40 515 501.00.00.00.2120 Total MEINEN, EARL:2,262.40 MENARDS ME052615 1 Invoice SUPPLIES 05/21/2015 05/26/2015 91.28 515 215.06.00.00.5704 Total MENARDS:91.28 MICROMARKETING LLC 572230 1 Invoice AV 05/21/2015 05/26/2015 47.00 515 100.05.71.02.5711 573497 1 Invoice AV 05/21/2015 05/26/2015 65.99 515 100.05.71.02.5711 Total MICROMARKETING LLC:112.99 MILLER-BRADFORD & RISBERG, INC IB 67576 1 Invoice PARTS 580 05/05/2015 05/26/2015 60.59 515 100.04.51.07.5405 Total MILLER-BRADFORD & RISBERG, INC:60.59 MILW MET. SEWER DISTRICT 092-15 1 Invoice 1ST QTR LANDFILLS 05/08/2015 05/26/2015 4,234.98 515 601.61.61.03.6072 Total MILW MET. SEWER DISTRICT:4,234.98 MORENCY, JEANNE MO052615 1 Invoice Cancelled Class - Clutter Coach 05/18/2015 05/26/2015 15.00 515 100.00.00.00.2110 Total MORENCY, JEANNE:15.00 MUSKEGO DOCK & BOAT LIFTS LLC 340 1 Invoice BOAT PIER BUMPERS 04/25/2015 05/26/2015 164.00 515 100.04.51.08.5415 Total MUSKEGO DOCK & BOAT LIFTS LLC:164.00 MUSKEGO PARKS & REC. DEPT. PA052615 1 Invoice Preschool Love Bugs class snacks & 05/21/2015 05/26/2015 14.47 515 100.05.72.16.5702 PA052615 2 Invoice Parks Keys 05/21/2015 05/26/2015 18.82 515 100.05.72.10.5702 Total MUSKEGO PARKS & REC. DEPT.:33.29 NAPA AUTO PARTS/ #26 & 27 135025 1 Invoice 4S GASKET 05/11/2015 05/26/2015 12.99 515 601.61.61.16.5411 Total NAPA AUTO PARTS/ #26 & 27:12.99 NELSON, NATALIE 2228015004/52 1 Invoice TAX REFUND/94 05/06/2015 05/26/2015 29.15 515 501.00.00.00.2120 Total NELSON, NATALIE:29.15 NEW BERLIN REDI-MIX, INC. 1030492 1 Invoice JENSEN 4S SLURRY 05/04/2015 05/26/2015 916.40 515 601.00.00.00.1924 1030549 1 Invoice JENSEN 4S SLURRY 05/04/2015 05/26/2015 1,374.60 515 601.00.00.00.1924 Total NEW BERLIN REDI-MIX, INC.:2,291.00 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7 Report dates: 5/13/2015-5/26/2015 May 22, 2015 12:03PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number NITKA, MOLLY NI052615 1 Invoice Nitka Training Meals 05/19/2015 05/26/2015 36.22 515 100.02.20.01.5301 Total NITKA, MOLLY:36.22 NORTHERN LAKE SERVICE INC 275142 1 Invoice PARK WATER TESTING 05/12/2015 05/26/2015 140.00 515 605.56.09.23.5865 Total NORTHERN LAKE SERVICE INC:140.00 OLSON'S OUTDOOR POWER 54266 1 Invoice TUBE TIRE 05/19/2015 05/26/2015 21.20 515 100.04.51.07.5704 Total OLSON'S OUTDOOR POWER:21.20 OSG STATEMENT SRV 0000035950 1 Invoice ENVELOPES 04/27/2015 05/26/2015 504.00 515 601.61.63.42.5701 0000035950 2 Invoice ENVELOPES 04/27/2015 05/26/2015 504.00 515 605.55.09.03.5702 0000035950 3 Invoice ENVELOPES 04/27/2015 05/26/2015 252.00 515 205.03.00.00.6056 0000035950 4 Invoice ENVELOPES 04/27/2015 05/26/2015 252.00 515 205.03.30.00.5704 Total OSG STATEMENT SRV:1,512.00 OSG STATEMENT SRV. (postage) 51846 1 Invoice 1ST QTR 2015 04/09/2015 05/26/2015 1,204.33 515 601.61.63.42.5701 51846 2 Invoice 1ST QTR 2015 04/09/2015 05/26/2015 1,204.33 515 605.55.09.03.5710 51846 3 Invoice 1ST QTR 2015 04/09/2015 05/26/2015 602.16 515 205.03.00.00.6056 51846 4 Invoice 1ST QTR 2015 04/09/2015 05/26/2015 602.17 515 205.03.30.00.5704 Total OSG STATEMENT SRV. (postage):3,612.99 P.I.N.S. 4755 1 Invoice Pins - Citizens Academy/CRO 05/19/2015 05/26/2015 411.60 515 100.02.20.01.5721 Total P.I.N.S.:411.60 PAETEC 58400190 1 Invoice Phone Service 05/21/2015 05/26/2015 991.03 515 100.01.06.00.5601 Total PAETEC:991.03 PARAGON DEV SYS INC 871059 1 Invoice PC Replacements 05/21/2015 05/26/2015 14,991.00 515 100.07.01.06.6501 871060 1 Invoice PC Replacements 05/21/2015 05/26/2015 791.00 515 100.07.01.06.6501 Total PARAGON DEV SYS INC:15,782.00 PATTERSON, ZACHARY PA052615 1 Invoice Patterson Training Meals 05/19/2015 05/26/2015 32.79 515 100.02.20.01.5301 Total PATTERSON, ZACHARY:32.79 PENGUIN RANDOM HOUSE LLC 9052340001 1 Invoice AV 05/21/2015 05/26/2015 45.00 515 100.05.71.02.5711 Total PENGUIN RANDOM HOUSE LLC:45.00 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8 Report dates: 5/13/2015-5/26/2015 May 22, 2015 12:03PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number PIRANHA PAPER SHREDDING LLC 1492050715 1 Invoice Monthly Paper Shred 05/19/2015 05/26/2015 30.00 515 100.02.20.01.5723 Total PIRANHA PAPER SHREDDING LLC:30.00 PNC BANK 2223081/52615 1 Invoice TAX REFUND/95 05/07/2015 05/26/2015 900.00 515 501.00.00.00.2120 Total PNC BANK:900.00 PORT-A-JOHN 1238923-IN 1 Invoice BADERTSCHER RESTROOM 05/04/2015 05/26/2015 69.00 515 215.06.00.00.5801 1239098-IN 1 Invoice IDLE ISLE PARK 05/08/2015 05/26/2015 69.00 515 100.04.51.08.5415 1239099-IN 1 Invoice BIG MUSKEGO 05/08/2015 05/26/2015 69.00 515 100.04.51.08.5415 1239100-IN 1 Invoice BOXHORN LAUNCH 05/08/2015 05/26/2015 69.00 515 100.04.51.08.5415 1239258-IN 1 Invoice ENGLE CONSERVATION 05/13/2015 05/26/2015 69.00 515 215.06.00.00.5801 1239297-IN 1 Invoice JENSEN PARK 05/14/2015 05/26/2015 69.00 515 100.04.51.08.5415 1239298-IN 1 Invoice MANCHESTER HILL 05/14/2015 05/26/2015 69.00 515 100.04.51.08.5415 1239299-IN 1 Invoice BAY LANE 05/14/2015 05/26/2015 138.00 515 100.04.51.08.5415 1239300-IN 1 Invoice MILL VALLEY HANDICAP 05/14/2015 05/26/2015 69.00 515 100.04.51.08.5415 D399939-IN 1 Invoice MILL VALLEY SCHOOL 05/12/2015 05/26/2015 65.00 515 100.04.51.08.5415 Total PORT-A-JOHN:755.00 PROHEALTH CARE 201504-0 1 Invoice Blood Draws 05/19/2015 05/26/2015 280.00 515 100.02.20.01.5722 Total PROHEALTH CARE:280.00 PROMISING PICASSOS INC 2013-1927 1 Invoice Spring Art Session 05/18/2015 05/26/2015 261.00 515 100.05.72.12.5110 Total PROMISING PICASSOS INC:261.00 PROVEN POWER INC 02-150522 1 Invoice PUMP 05/06/2015 05/26/2015 13.73 515 601.61.61.15.5415 Total PROVEN POWER INC:13.73 R.S. PAINT & TOOLS LLC 290613 1 Invoice RED PAINT 05/19/2015 05/26/2015 39.36 515 100.04.51.04.6026 290613 2 Invoice GREEN PAINT 05/19/2015 05/26/2015 157.44 515 601.61.63.43.5801 648044 1 Invoice GRASS SEED (40)05/05/2015 05/26/2015 3,840.00 515 100.04.51.02.5742 648048 1 Invoice MIRROR LENS (40)05/07/2015 05/26/2015 209.78 515 100.04.51.01.5228 Total R.S. PAINT & TOOLS LLC:4,246.58 RC GRAPHICS 22360 1 Invoice Business Cards 05/19/2015 05/26/2015 135.00 515 100.02.20.01.5701 22370 1 Invoice Court Juvenile/CA forms 05/18/2015 05/26/2015 419.00 515 100.01.08.00.5702 Total RC GRAPHICS:554.00 REGISTRATION FEE TRUST RE052615 1 Invoice Certified Driving Record 05/18/2015 05/26/2015 2.00 515 100.01.08.00.5702 RE52615 1 Invoice #54 GMC P/U 2015 05/20/2015 05/26/2015 74.50 515 100.04.51.07.5405 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9 Report dates: 5/13/2015-5/26/2015 May 22, 2015 12:03PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total REGISTRATION FEE TRUST:76.50 RUEKERT & MIELKE INC 111132 1 Invoice ELEVATED TANK PIPING 05/05/2015 05/26/2015 496.24 515 605.00.00.00.1977 111133 1 Invoice SCADA RADIO UPGRADE 05/05/2015 05/26/2015 4,115.58 515 605.00.00.00.1964 111133 2 Invoice SCADA RADIO UPGRADE 05/05/2015 05/26/2015 4,115.58 515 601.00.00.00.1925 111134 1 Invoice ASTER HILLS ESTATES - COMPUT 05/05/2015 05/26/2015 1,495.75 515 507.00.00.00.2714 111135 1 Invoice MMSD 05/05/2015 05/26/2015 1,890.00 515 601.61.63.43.5815 Total RUEKERT & MIELKE INC:12,113.15 RUNDLE-SPENCE S2364448.001 1 Invoice DRINKING BUTTON 05/08/2015 05/26/2015 86.63 515 100.04.51.08.5415 Total RUNDLE-SPENCE :86.63 SHERWIN-WILLIAMS CO. 7039-1 1 Invoice Paint for Dispatch 03/31/2015 05/26/2015 30.28 515 410.08.90.14.6510 7039-1 2 Invoice PAINT/POLICE MAINT 03/31/2015 05/26/2015 30.28 515 100.02.20.01.5704 Total SHERWIN-WILLIAMS CO.:60.56 SOMAR TEK LLC/ ENTERPRISES 99094 1 Invoice Lemanczyk Replace Gloves Biohaza 05/19/2015 05/26/2015 28.80 515 100.02.20.01.5151 99095 1 Invoice Supplies for CRO Uniform Rakers 05/19/2015 05/26/2015 98.13 515 100.02.20.01.5151 Total SOMAR TEK LLC/ ENTERPRISES:126.93 SPECTER INSTRUMENTS 1504037831 1 Invoice WIN - 911 SOFTWARE 04/21/2015 05/26/2015 197.50 515 601.61.63.42.5509 1504037831 2 Invoice WIN - 911 SOFTWARE 04/21/2015 05/26/2015 197.50 515 605.56.09.23.5510 Total SPECTER INSTRUMENTS:395.00 STREICHER'S I1151099 1 Invoice Patterson Vest 05/19/2015 05/26/2015 600.00 515 100.02.20.01.5227 I1151099 2 Invoice Patterson Vest Excess 05/19/2015 05/26/2015 393.99 515 100.02.20.01.5151 Total STREICHER'S:993.99 TAPCO INC. I487930 1 Invoice SIGNS 05/04/2015 05/26/2015 258.11 515 100.04.51.03.5743 I488920 1 Invoice BOAT/SIGNS 05/12/2015 05/26/2015 1,352.83 515 100.04.51.03.5743 Total TAPCO INC.:1,610.94 TOM DAHLMAN 20924 1 Invoice 37 BALES 04/16/2015 05/26/2015 110.00 515 100.04.51.04.5744 Total TOM DAHLMAN:110.00 TRIEBOLD OUTDOOR POWER LLC IC18168 1 Invoice PLUG - PULLEY 05/19/2015 05/26/2015 413.47 515 100.04.51.07.5405 Total TRIEBOLD OUTDOOR POWER LLC:413.47 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 10 Report dates: 5/13/2015-5/26/2015 May 22, 2015 12:03PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number TYLER TECHNOLOGIES, INC 060-3167 1 Invoice ASSMT SRV 2015 04/28/2015 05/26/2015 6,160.00 515 100.01.04.00.5801 060-3211 1 Invoice IAS Software License 05/21/2015 05/26/2015 23,570.00 515 410.08.90.04.6502 Total TYLER TECHNOLOGIES, INC:29,730.00 U.S. CELLULAR 0083459421 1 Invoice Cellular Com Dev 05/21/2015 05/26/2015 25.00 515 100.06.18.01.5601 0083459421 2 Invoice Cellular Police 05/21/2015 05/26/2015 268.00 515 100.02.20.01.5604 0083459421 3 Invoice Cellular Water Scada 05/21/2015 05/26/2015 70.00 515 605.56.09.21.5607 0083459421 4 Invoice Cellular Sewer Scada 05/21/2015 05/26/2015 70.00 515 601.61.63.42.5606 0083459421 5 Invoice Cellular Elections 05/21/2015 05/26/2015 11.94 515 100.01.03.00.5704 0083459421 6 Invoice Cellular IT 05/21/2015 05/26/2015 80.00 515 100.01.14.00.5601 0083459421 7 Invoice Cellular Engineering 05/21/2015 05/26/2015 25.00 515 100.04.19.00.5601 0083459421 8 Invoice Cellular Library 05/21/2015 05/26/2015 25.00 515 100.05.71.00.5602 0083459421 9 Invoice Cellular Assessor 05/21/2015 05/26/2015 25.00 515 100.01.04.00.5601 0083459421 10 Invoice Cellular Finance & Admin 05/21/2015 05/26/2015 25.00 515 100.01.03.00.5601 Total U.S. CELLULAR:624.94 VERIZON WIRELESS 9745393334 1 Invoice Police Dept Cellular 05/21/2015 05/26/2015 242.45 515 100.02.20.01.5604 Total VERIZON WIRELESS:242.45 VON BRIESEN & ROPER S.C. 198601 1 Invoice ATTY FEES/EMPLOYMENT LAW 05/05/2015 05/26/2015 3,212.00 515 100.01.05.00.5805 Total VON BRIESEN & ROPER S.C.:3,212.00 WAL-MART COMMUNITY 4275/052615 1 Invoice Bins for club basketball storage 05/21/2015 05/26/2015 95.82 515 100.05.72.17.5702 Total WAL-MART COMMUNITY:95.82 WAUK CNTY CLERK WA52614 1 Invoice PUBLIC DIRECTORY 05/14/2015 05/26/2015 11.20 515 100.01.06.00.5704 Total WAUK CNTY CLERK:11.20 WAUKESHA COUNTY TREASURER 2015-0000018 1 Invoice Radio Services Programming 05/19/2015 05/26/2015 82.20 515 410.08.91.20.6507 MSKC2204.01 1 Invoice HODGE/2011 TAX PYMT 2204.011 05/19/2015 05/26/2015 478.47 515 501.00.00.00.1201 MSKC2204.01 2 Invoice HODGE/2011 TAX PYMT 2204.011 05/19/2015 05/26/2015 21.53 515 100.09.80.00.4008 Total WAUKESHA COUNTY TREASURER:582.20 WE ENERGIES 1478-266-911/1 Invoice RACINE AVE/SIGN LT 05/11/2015 05/26/2015 22.09 515 100.04.51.06.5910 3836-104-158/1 Invoice 4/15 L/S ELEC 05/01/2015 05/26/2015 1,313.26 515 601.61.61.20.5910 3836-104-158/2 Invoice 4/15 L/S GAS 05/01/2015 05/26/2015 35.76 515 601.61.61.20.5910 4223-489-258/1 Invoice WELL 13 4/15 GAS 05/05/2015 05/26/2015 28.48 515 605.52.06.22.5910 5024-948-351/1 Invoice GAS 4/15 HILLENDALE 05/08/2015 05/26/2015 25.67 515 605.52.06.22.5910 5063-865-935/1 Invoice W18167 JANES/ST LT 05/05/2015 05/26/2015 637.62 515 100.04.51.06.5910 9026-628-301/1 Invoice WELLS GROUP ELECTRIC 05/12/2015 05/26/2015 1,270.25 515 605.52.06.22.5910 Total WE ENERGIES:3,333.13 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 11 Report dates: 5/13/2015-5/26/2015 May 22, 2015 12:03PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number WELDERS SUPPLY COMPANY 331388 1 Invoice OXY & ACETYLENE 05/12/2015 05/26/2015 43.73 515 601.61.61.16.5411 331388 2 Invoice OXY & ACETYLENE 05/12/2015 05/26/2015 43.72 515 605.52.06.23.5731 Total WELDERS SUPPLY COMPANY:87.45 WESTERN CULVERT & SUPPLY INC 047947 1 Invoice CULVERTS 05/11/2015 05/26/2015 799.50 515 100.04.51.04.5745 048012 1 Invoice 18" TEE/15" TEE/15" BANDS 05/18/2015 05/26/2015 597.00 515 100.04.51.04.5745 Total WESTERN CULVERT & SUPPLY INC:1,396.50 WESTPHAL, STEPHEN WE052615 1 Invoice Training Madison - Lunch 05/19/2015 05/26/2015 7.79 515 100.02.20.01.5301 Total WESTPHAL, STEPHEN:7.79 WI STATE LAB OF HYGIENE 414961 1 Invoice WTR TESTING 05/10/2015 05/26/2015 68.00 515 605.56.09.23.5865 Total WI STATE LAB OF HYGIENE:68.00 WIND LAKE AUTOMOTIVE INC 26124 1 Invoice PD 2013 TAHOE 05/05/2015 05/26/2015 60.00 515 100.02.20.01.5405 26191 1 Invoice ALIGN 2006 GMC #2 05/14/2015 05/26/2015 60.00 515 100.04.51.07.5405 26196 1 Invoice ALIGN 2002 DODGE PARKS 05/15/2015 05/26/2015 60.00 515 100.04.51.07.5405 Total WIND LAKE AUTOMOTIVE INC:180.00 WIS DEPT OF JUSTICE L6806T/52615 1 Invoice RECORD NAME SEARCHES 05/04/2015 05/26/2015 168.00 515 100.01.06.00.6002 Total WIS DEPT OF JUSTICE:168.00 Grand Totals: 236,719.95 Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report].Description = {<>} "1099 adjustment" Invoice Detail.Type = {>} "adjustments" OVER -> City of Muskego Finance & Administration Department Sharon Mueller Finance & Administration Director Finance & Administration Department Quarterly Report May 26th, 2015, Finance Committee Meeting Major Projects and Activities being worked on within the Finance & Administration Department: Elections – The 2015 elections for district 7 were held at one new polling place, being Tudor Oaks Retirement Community. With the effort of staff and the polling place representatives, this allowed for a smooth transition for residents and resulted in only two complaints to report regarding the location. In addition to the new polling location, absentee ballot processing transitioned from ‘Central Count’ back to the individual polling places. The election inspectors and staff coordinated the new process seamlessly. 2014 Tax Roll/Rates/Bills – As in the prior year, the collection process went extremely well with very minimal customer wait times. Enhanced procedures also allowed for tax refunds to be processed more timely. 2014 Audit (Operating, Special Revenue, Capital, BML, Sewer & Water Utility – Field work began on April 27th and was completed by May 8th, which was comparable to the prior year. Additional work papers were required due to new GASB (Governmental Accounting Standards Board) requirements. First draft financial statements were completed on May 18th and have been forwarded to the auditors for review. Following the statement preparation, I will begin working on the process of preparing the Management Discussion and Analysis (MD&A), which will be included in the final City Financial Statement document. 2014 Workers Compensation Audit – Audit took placed on March 16th, resulting in a $3,483 credit to the City. 2015 Budgets – The tentative 2015 Budget Timeline will be distributed to Council at the June 9th meeting. Within the next month, Finance and Administrative staff will begin working with the Mayor and Department Heads in preparation of the proposed Operating, Debt Service, Special Revenues, Water and Sewer Utilities and Big Muskego Lake budgets. Payroll/Benefit Administration –  Employee W-2 Wage and Tax Statements were reconciled and distributed on December 26th. Annual State, Federal and Retirement reports were completed well before the due date with no adjustments to report.  1st Quarter Federal and State payroll tax reports reconciled and submitted to the IRS and DOR on April 24th.  The City Wellness Program Health Risk Assessment will take place the first week in June. Final assessment and participation reports and will follow.  Health insurance rate renewal information, as well as future cost savings options is under review to help offset fees incurred from the health care reform act. Prior year benefit changes reduced costs in excess of $52,000. Investments – Annual interest earnings from investments in the Certificate of Deposit Account Registry Service Network (CDARS) have held fairly constant despite the trend in rates. City investments continue to receive higher rates of return as compared to regular CD’s. In addition to CDARS, investments will be made to the new Expanded FDIC Insurance Account which allows for enhanced benefits with protection, growth, access and administrative convenience. FINANCE & ADMIN. DIRECTOR’S REPORT 05/26/15 PAGE 2 2 4th Quarter Utility Bills – Billings and collections processed in a timely manner with no issues to report. Wisconsin Revolving Loan Fund Semi-Annual Report Certification – Reconciled and submitted to the Department of Commerce on April 10th. Licensing – Staff has begun the process of preparing and issuing various licenses and permits, including liquor and fireworks. Other Projects – Continued progression within the following applications: miTime (electronic timekeeping), Document Management/Work Flow, Civic Plus, respective Web pages and implementing the final financial software module upgrade for Improvement Districts. Annual 2014 and 1st Quarter, 2015 General Fund Operating Results – See attached. CITY OF MUSKEGO FINANCE & ADMINISTRATION DEPARTMENT W182 S8200 Racine Avenue, Muskego, WI 53150 M E M O R A N D U M TO: Finance Committee and Common Council FROM: Sharon Mueller, Director of Finance & Administration DATE: May 26th, 2015 RE: 2014 Annual Operating Results (Preliminary) ______________________________________________________________________________ The attached worksheets recap the City’s 2014 annual operating results for the General Operating Fund. As of December 31st, 2014, revenues exceeded expenditures by $393,341. Following is an itemized listing of major accounts contributing to the unanticipated budget surplus: $ – Over/(Under) Budget Revenues = $ 28,091 Over Budget – $ 167,599 – Licenses & Permits (contracted building inspection) $ 34,556 – Interest Income (CDARS investment) $ 23,837 – Fines, Forfeits & Penalties (court fees) $ 3,313 – Taxes & Intergovernmental (payment in lieu of taxes) $( 24,720) – Other Financing Sources (Water Utility Tax Equivalent) $( 35,714) – Public Charges for Services (recreation programs) $(140,780) – Interdepartmental (vehicle reimbursements not required) Expenditures = $(365,250) Under Budget – $(346,620) – Personnel Expenditures (various dept. vacancies) $( 52,700) – Health Insurance (negotiated rate renewal) $( 79,749) – Contingency (use not required) $( 29,000) – Non-Departmental (landscaping maintenance-Janesville, unemployment & audit fees) $ 73,000 – Public Works (road maintenance, sand & salt) $ 69,819 – Building Inspection (contracted services) As noted above, the results in the attached worksheet have undergone a preliminary audit but are subject to change until final reporting. Should you have any questions, please contact me at (262) 679-5622. Thank you. December 31, 2014 Budget Actual Over/(Under)Revenue Comparison Taxes $10,045,398 $10,045,133 -$265 Intergovernmental $1,685,622 $1,685,174 -$448 Licenses and Permits $633,870 $801,469 $167,599 Fines, Forfeits and Penalties $187,000 $210,837 $23,837 Public Charges for Services $707,495 $671,781 -$35,714 Intergov. Charges for Services $141,500 $145,526 $4,026 Miscellaneous $165,194 $199,750 $34,556 Other Financing Sources $609,000 $584,280 -$24,720 Interdepartmental $214,660 $73,880 -$140,780 Total Revenue $14,389,739 $14,417,830 $28,091 2014 Budget Results: REVENUES General Fund - Annual Operating Results 70% 12% 6% 1%5% 1% 1% 4% 0% Taxes Intergovernmental Licenses and Permits Fines, Forfeits and Penalties Public Charges for Services Intergov. Charges for Services Miscellaneous Other Financing Sources Interdepartmental December 31, 2014 General Government Budget Actual Over/(Under)Actual Cost Breakdown Common Council/Mayor $221,788 $211,547 -$10,240 Finance & Administration $588,144 $580,192 -$7,952 Assessor $225,060 $193,187 -$31,873 Attorney $95,000 $91,072 -$3,928 Non-Departmental $487,699 $438,676 -$49,023 Municipal Court $197,026 $206,116 $9,091 Building Maintenance $174,778 $188,217 $13,439 Information Technology $309,360 $283,824 -$25,536 Bank Service Charges $18,000 $17,239 -$761 Total $2,316,854 $2,210,070 -$106,784 Public Safety Budget Actual Over/(Under) Police - Sworn Officers $4,524,268 $4,410,345 -$113,923 Police - Dispatch & Clerical $645,121 $576,400 -$68,722 Volunteer Fire $736,465 $738,751 $2,285 Non-Departmental $30,187 $28,935 -$1,252 Building Inspection $203,561 $276,395 $72,834 Total $6,139,602 $6,030,826 -$108,777 Health & Human Services Budget Actual Over/(Under) Animal Warden $3,600 $3,581 -$19 Public Safety Supplies & Expenses $50 $14 -$36 Total $3,650 $3,595 -$55 Public Works Budget Actual Over/(Under)Budget vs. Actual Engineering $184,703 $179,500 -$5,203 Public Works $1,902,917 $2,020,692 $117,775 Total $2,087,619 $2,200,192 $112,572 Culture, Recreation & Education Budget Actual Over/(Under) Parade Fund & Little Lake District $57,500 $59,419 $1,919 Library $1,255,167 $1,230,257 -$24,910 Parks $551,336 $515,265 -$36,071 Recreation $582,311 $521,328 -$60,983 Total $2,446,314 $2,326,269 -$120,046 Conservation & Development Budget Actual Over/(Under) Planning, Conservation & Development $345,716 $323,638 -$22,078 Total $345,716 $323,638 -$22,078 Capital Outlay-Operations Budget Actual Over/(Under) Computer Replacements $49,000 $49,468 $468 Mobile Devices $8,000 $6,256 -$1,744 Police Vehicle Replacements $104,483 $98,681 -$5,802 Road Program $625,000 $609,889 -$15,111 Public Works Vehicle Replacements $183,750 $165,605 -$18,145 Contingency $79,749 $0 -$79,749 GF Trf to Comp Abs Fund #270 $0 $0 $0 Total $1,049,982 $929,899 -$120,083 Total Expenditures Budget Actual Over/(Under) $14,389,739 $14,024,489 ($365,250) 2014 Budget Results: EXPENDITURES General Fund - Annual Operating Results $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 Budget Actual 16% 43% 0% 16% 16% 2%7% General Government Public Safety Health & Human Services Public Works Culture, Recreation & Education Conservation & Development Capital Outlay-Operations December 31, 2014 2014 2013 Comparison Revenues vs. Expenditures Total Revenues $14,417,830 $14,165,667 $252,163 Total Expenditures $14,024,489 $13,977,467 $47,022 Total Surplus/(Deficit) $393,341 $188,200 $205,141 General Fund - Annual Operating Results Budget Results - 2014 vs. 2013 $13,700,000 $13,800,000 $13,900,000 $14,000,000 $14,100,000 $14,200,000 $14,300,000 $14,400,000 $14,500,000 2014 2013 CITY OF MUSKEGO DEPARTMENT OF FINANCE & ADMINISTRATION W182 S8200 Racine Avenue, Muskego, WI 53150 M E M O R A N D U M TO: Finance Committee and Common Council FROM: Sharon Mueller, Director of Finance & Administration DATE: May 26th, 2015 RE: 2015 1st Quarter Operating Results ________________________________________________________________________ The attached worksheets recap the City’s General Fund operating results for the first quarter ending March 31st, 2015. Compared to the prior year, first quarter revenues over expenditures resulted in an increase of $291,702. The major factors contributing to this increase include consolidation of the parks maintenance within the Department of Public Works, contracted Assessor services and additional revenue generated from taxes and court fines & forfeitures. Compared to the budget, first quarter revenue results include significant variances within each category either because of economic factors or the timing of funds received and will become more proportionate with the budget by the 2nd and 3rd quarters. The expenditures also vary due to seasonal events or the timing of transactions such as with recreational program activity, hydrant rental, vehicle replacements and road program costs. Total expenditures under budget amounted to (-) 79.68%, which is consistent with prior years and well within the (-) 75% benchmark (9 months remaining/12). Should you have any questions, please email or contact me at (262) 679-5622 with any questions. Thank you. March 31, 2015 Budget Actual Over/(Under) % Over/(Under)Revenue Comparison Taxes $10,136,898 $10,107,434 -$29,464 -0.29% Intergovernmental $1,633,084 $240,405 -$1,392,679 -85.28% Licenses and Permits $744,495 $133,344 -$611,151 -82.09% Fines, Forfeits and Penalties $209,000 $99,459 -$109,541 -52.41% Public Charges for Services $707,822 $116,602 -$591,220 -83.53% Intergov. Charges for Services $146,500 $1,059 -$145,441 -99.28% Miscellaneous $176,100 $54,305 -$121,795 -69.16% Other Financing Sources $633,645 $4,749 -$628,896 -99.25% Interdepartmental $224,070 $11,300 -$212,770 -94.96% Total Revenue $14,611,614 $10,768,658 ($3,842,956) -26.30% 2015 Budget Quarter 1 Results: REVENUES General Fund - Annual Operating Results 94% 2% 1% 1%1% 0% 1% 0% 0% Taxes Intergovernmental Licenses and Permits Fines, Forfeits and Penalties Public Charges for Services Intergov. Charges for Services Miscellaneous Other Financing Sources Interdepartmental March 31, 2015 General Government Budget Actual Over/(Under) % Over/(Under)Actual Cost Breakdown Common Council/Mayor $205,786 $50,751 -$155,035 -75.34% Finance & Administration $590,087 $135,283 -$454,804 -77.07% Assessor $136,310 $5,150 -$131,160 -96.22% Attorney $95,000 $4,392 -$90,609 -95.38% Non-Departmental $491,979 $215,567 -$276,412 -56.18% Municipal Court $219,937 $52,028 -$167,909 -76.34% Building Maintenance $186,877 $40,992 -$145,885 -78.06% Information Technology $335,223 $91,100 -$244,123 -72.82% Bank Service Charges $18,000 $3,024 -$14,976 -83.20% Total $2,279,199 $598,288 -$1,680,912 -73.75% Public Safety Budget Actual Over/(Under) % Over/(Under) Police - Sworn Officers $4,670,474 $1,018,820 -$3,651,654 -78.19% Police - Dispatch & Clerical $657,728 $128,135 -$529,593 -80.52% Volunteer Fire $745,856 $105,125 -$640,731 -85.91% Non-Departmental $29,000 $23,634 -$5,366 -18.50% Building Inspection $245,625 $45,816 -$199,809 -81.35% Total $6,348,683 $1,321,529 -$5,027,154 -79.18% Health & Human Services Budget Actual Over/(Under) % Over/(Under) Animal Warden $3,600 $0 -$3,600 -100.00% Public Safety Supplies & Expenses $50 $33 -$17 -33.80% Total $3,650 $33 -$3,617 -99.09% Public Works Budget Actual Over/(Under) % Over/(Under)Budget vs. Actual Engineering $206,976 $45,225 -$161,751 -78.15% Public Works $2,395,860 $553,023 -$1,842,837 -76.92% Total $2,602,836 $598,248 -$2,004,588 -77.02% Culture, Recreation & Education Budget Actual Over/(Under) % Over/(Under) Parade Fund & Little Lake District $59,500 $10,178 -$49,322 -82.89% Library $1,259,813 $289,985 -$969,828 -76.98% Parks $28,130 $2,708 -$25,422 -90.37% Recreation $654,927 $63,669 -$591,258 -90.28% Total $2,002,370 $366,540 -$1,635,830 -81.69% Conservation & Development Budget Actual Over/(Under) % Over/(Under) Planning, Conservation & Development $353,414 $83,638 -$269,776 -76.33% Total $353,414 $83,638 -$269,776 -76.33% Capital Outlay-Operations Budget Actual Over/(Under) % Over/(Under) Computer Replacements $18,000 $0 -$18,000 -100.00% Mobile Devices $4,000 $0 -$4,000 -100.00% Server Replacements $6,500 $0 -$6,500 -100.00% Police Vehicle Replacements $107,963 $0 -$107,963 -100.00% Road Program $625,000 $101 -$624,899 -99.98% Public Works Vehicle Replacements $185,000 $0 -$185,000 -100.00% Contingency $75,000 $0 -$75,000 -100.00% Total $1,021,463 $101 -$1,021,362 -99.99% Total Expenditures Budget Actual Over/(Under) % Over/(Under) $14,611,614 $2,968,378 ($11,643,237)-79.68% 2015 Budget Quarter 1 Results: EXPENDITURES General Fund - Annual Operating Results $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 Budget Actual 20% 45% 0% 20% 12%3%0% General Government Public Safety Health & Human Services Public Works Culture, Recreation & Education Conservation & Development Capital Outlay-Operations March 31, 2015 2015 2014 Comparison Revenues vs. Expenditures Total Revenues $10,768,658 $10,645,426 $123,233 Total Expenditures $2,968,378 $3,136,847 ($168,469) Total Surplus/(Deficit) $7,800,281 $7,508,579 $291,702 General Fund - Annual Operating Results Quarter 1 Budget Results - 2015 vs. 2014 $0 $2,000,000 $4,000,000 $6,000,000 $8,000,000 $10,000,000 $12,000,000 2015 2014