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CCR2006177. . . COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #177-2006 APPROVAL OF REIMBURSEMENT REQUEST Forest Glen Subdivision WHEREAS, Paragraph G. of the Forest Glen Subdivider's Agreement allows the developer to request reimbursement for utility oversizing; and WHEREAS, The developer has submitted written correspondence that the work has been completed and has requested reimbursement in the amount of $55,992; and WHEREAS, Engineering/Building Inspection Director McMullen has recommended that the reimbursement request in the amount of $55,992 be approved; and WHEREAS, The Finance Committee has recommended approval. 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 reimbursement request for the Forest Glen Subdivision in the amount of $55,992. DATED THIS 12th DAY OF September ,2006. SPONSORED BY: FINANCE COMMITTEE Ald. Nancy Salentine Ald. Eileen Madden Ald. Neil Borgman This is to certify that this is a true and accurate copy of Resolution #177-2006 which was adopted by the Common Council of the City of Muskego. 9/06jmb . . . Engineering/Building Inspection Memo To: Finance Committee :~ / From: Sean E. McMullen cc: Mayor Damaske Date: 91712006 Re: Forest Glen Storm Water Committee Members: Attached please find the reimbursement request from the developer of the Forest Glen Subdivision. The request is based on the oversizing and pond construction associated with Pond 5 in the Freedom Square area. The request is for $55,992.00, which is slightly less than what was originally estimated. At this time I recommend that the Committee approve the reimbursement request for the pond and storm sewer oversizing. Please feel free to contact me at this office if you have any further questions or comments regarding this matter. . . . GERALD G. SCHMIDT. JR. SCHMIDT, DARLING & ERWIN ATTORNEYS AT LAW 2300 NORTH MAYFAIR ROAD SUITE 1175 MILWAUKEE, WISCONSIN 53226 (414) 258.4300 FAX (414) 258.5487 ERIC S_ DARLING GEORGE B. ER'VVIN. III HENRY E. KOLTZ J L>' u. "" J . I July 26, 2006 !!jl 'i' l: '.' _. Sean McMullen City of Muskego W182 S8200 Racine Ave P.O. Box 749 Muskego, WI 53150-0749 Re: Forest Glen - Reimbursement Dear Sean: Under the Subdivider's Agreement all work performed under Paragraph G has been completed. This work was done in the summer of 2005. Request for reimbursement was previously submitted. Under the Subdivider's Agreement, the request for reimbursement was to be submitted after January 1, 2006. I am again requesting reimbursement for each of the items detailed therein. Please note the reimbursement request is in the amount of $55,992.00 (see breakdown prepared by Bill Carity in June of 2005 in connection with the analysis with respect to the inclusion of the various dollar amounts in the Subdivider's Agreement). Please note that the reimbursement in the amount of $810.00 with respect to restoration was an estimate for seed and mulch only. While the site has been seeded, there has been some discussion about whether or not there would be native grass plantings. This could involve many additional thousands of dollars and the request for reimbursement is without prejudice the right to seek reimbursement for those matters in the event that the Park aI1d RëcreatiüIi Departmer.t requests su~h a sed mix. Please schedule this matter as soon as possible for the Finance Committee and Public Works Committee for their approval so that I can receive reimbursement at this juncture. Thank you for your anticipated cooperation. GBE:km Enclosures cc: William Carity . . . Page 5 Forest Glen Subdividers Agreement 4. Mitigate trees removed as found on the tree survey for the developed area of Forest Glen. The mitigation amount of trees will be approved in accordance with landscape plans to be approved by the Plan Director and City Forester I Conservation Coordinator prior to the release of occupancy permits. Tree mitigation may result in new tree installation on the single-family Forest Glen platted area and may extend onto the future Forest Glen multi-family platted area in order to accommodate all the mitigation necessary. F. EROSION CONTROL MEASURES: 1. 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 Director of Engineering and Building and Public Works Committee on August 16, 2004 and in accordance with the plans and specifications on file in the Building and Engineering Department. 2. 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 and off-site, in accordance with the Erosion Control Plan as approved by the Director of Engineering and Building and Public Works Committee on May 16, 2005, and in accordance with the plans and specifications on file in the City Building and Engineering Department. No construction or grading can begin until said permit is issued by the City, and no grading shall occur without a two (2) day notice to the City. 3. 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. 4. Insure that each individual lot owner obtains a separate erosion control permit at any time that any vegetation is disturbed, and insure that each individual lot owner is responsible for controlling erosion on their subject lot. G. CITY REIMBURSEMENTS FOR UTILITY OVER SIZING 1. Reimburse Subdivider in accordance with the following schedule approved by the Finance Committee on May 16, 2005: Improvement Cate 0 : Pi e Material-Storm Sewer - $36 174 Manholes End Sections Pond Construction - $50,200 Ins ection for Pond Construction and Restoration - $182000 Estimated Quanti I.f. Each Each 27% 27% Reimbursement At: $36174.00/l.f. $2500 each $7.50/ ton $13554.00 $4914.00 2. Reimbursement may be requested by Subdivider following completion of as-built plans and following City's acceptance of the Improvements categorized above. In no case shall reimbursement occur prior to January 1, 2006. 3. All requests for reimbursement shall be made in writing to the City Engineering Department, and shall be reviewed for approval by the Director of Building and Engineering. The recommendation of the Director of Building and Engineering shall be forwarded to the Finance Committee and Public Works Committee for consideration.