CC081021packet
CITY OF MUSKEGO *AMENDED COMMON COUNCIL AGENDA 08/10/2021
This meeting will start immediately following the Big
Muskego Lake Annual Meeting, which is scheduled
for 5:45 PM.
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
ROLL CALL
STATEMENT OF PUBLIC NOTICE
*SWEARING IN OF MUNICIPAL JUDGE LISA T. WARWICK
PUBLIC COMMENT City Residents and Taxpayers Only - Speakers will be limited to making
comments related to all agenda items excluding closed session items relating to employment
and labor issues. Comments will be limited to three minutes per speaker per agenda item. There
will be no discussion by/with the Common Council during Public Comment.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
CONSENT AGENDA
Approval of July 27, 2021 Common Council Minutes CCM2021.07.27.pdf
Approval of Operator Licenses OPLIC20210810.pdf
Resolution #069-2021 - Approval to Release Platted Drainage Easement CCR2021069-Release of Easement-Enerson.docx
CCR2021069-Attachment-Release of Easement.pdf
Resolution #070- 2021 - Approval of Memorandum of Understanding for Muskego-Norway
School Resource Officer Program for the 2021-2022 School Year
CCR2021070-MOU-SRO Program.docx CCR2021070-
Attachment (SRO MOU 2021-2022).docx
CCR2021070-SLO Agreement Schedule A 21-22.pdf
Resolution #071-2021 - Approval of Preliminary Plat for the Kirkland Crossing Subdivision CCR2021071-Preliminary Plat-Kirkland Crossing.doc Preliminary Plat-Kirkland Crossing.pdf
PC Resolution-Kirkland Crossing Preliminary Plat.doc
PC Supplement-Kirkland Crossing Preliminary Plat.pdf
1
UNFINISHED BUSINESS
Ordinance #1461 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of
the City of Muskego (RSE and RS-1 to PD - Kirkland Crossing). Second Reading. ORD20211461-Rezone-Kirkland Crossing PD.doc
Staff Memo-Kirkland Crossing Rezoning.doc
PC Map-Kirkland Crossing Rezoning.pdf
PC Resolution-Kirkland Crossing Rezoning.doc
PC Supplement-Kirkland Crossing Rezoning.pdf
NEW BUSINESS
REVIEW OF COMMITTEE REPORTS
Finance Committee - July 13, 2021 FCM07132021.pdf
FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES
WAIVED
Ordinance #1460 - An Ordinance to Add Chapter 229 to the Municipal Code of the City of
Muskego (Low Speed Vehicles, Neighborhood Electric Vehicles, and Golf Carts)
ORD20211460-LSVs, NEV's & Golf Carts.docx
Ordinance #1462 - An Ordinance to Amend Chapter 132 of the Municipal Code of the City
of Muskego (Alcohol Beverages)
ORD20211462-Alcohol Beverages.doc
LICENSE APPROVAL
Approval of Amended Licensed Premise for AJ's Bar & Grill, S90 W13970 Boxhorn Drive, to
Include Grass Area Immediately Surrounding Patio and Outside Dance Permit as follows:
• Tuesday, August 24, 2021 - 5 pm to 8:30 pm
• Sunday, September 12, 2021 - 12 pm to 3 pm
• Sunday, September 19, 2021 - 3:30 pm to 6:30 pm
• Sunday, September 26, 2021 - 3:30 pm to 6:30 pm
VOUCHER APPROVAL
Voucher Reports
• Utility Vouchers - $90,341.94
• Tax Vouchers - $3,319.31
• General Fund Vouchers - $822,781.59
• Wire Transfers for Payroll/Invoice Transmittals - $367,890.22 Vouchers - Total.pdf
Vouchers - Alpha Report.pdf
CITY OFFICIALS' REPORTS
2
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liasons
• Muskego Senior Taxi - Alderperson Kapusta
• Muskego Festival Committee - Alderperson Terrence
• Muskego Historical Society - Alderperson Engelhardt
• Little Muskego Lake District - Alderperson Engelhardt
• Advanced Disposal Services Emerald Park Landfill Standing Committee - Alderperson Madden
FUTURE AGENDA ITEMS
ADJOURNMENT
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE
MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE
TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY
SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100.
3
CITY OF MUSKEGO UNAPPROVED COMMON COUNCIL MINUTES
July 27, 2021; 6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:00 pm.
ROLL CALL
Present: Alderpersons Madden, Kubacki, Engelhardt, Kapusta, Hammel, and Wolfe. Also present:
City Attorney Warchol, Public Works & Development Director Kroeger, Lead Planner Trzebiatowski,
and Assistant Deputy Clerk Roller.
Absent: Alderperson Terrence
STATEMENT OF PUBLIC NOTICE
The Assistant Deputy Clerk stated the meeting was noticed in accordance with the open meeting
law.
PUBLIC COMMENT
None
COMMUNICATIONS FROM THE MAYOR'S OFFICE
None
PUBLIC HEARING
Assistant Deputy Clerk Roller read the notice to consider petition of Ryan Janssen to rezone
property known as Tax Key Numbers 2170.991, 2173.997, 2173.998 and 2176.999 (between
Martin Drive and College Avenue) from RSE - Suburban Estate District and RS-1 - Suburban
Residence District to PD - Planned Development District (based on RS-2 - Suburban Residence
District) for the purpose of allowing a future single-family subdivision known as Kirkland Crossing.
The request also includes an amendment to the 2020 Comprehensive Plan from Low Density
Residential Land Use to Medium Density Residential Land Use.
Lead Planner Trzebiatowski provided a summary of the petition explaining the size of the
proposed subdivision is about 91 acres with 108 single-family lots with 4 outlots. The 2020
Comprehensive Plan currently identifies the area as Low Density Residential and this would be
amended to Medium Density Residential. The applicant is requesting the following zoning
waivers:
• minimum average lot widths of 90 feet and 100 feet on predetermined lots; compared to 110
feet
• front setback of 30 feet and 25 feet on second street side of corner lots; compared to 40 feet
• side yard offsets of 12.5 feet on both sides; compared to 15 feet on one side and 20 feet on
the opposite side
• rear offset of 25 feet; compared to 20 feet
• proposed open space of 70% of the lot area; compared to 15,000 square feet or 75% of lot
area.
The applicant is not requesting any type of density bonus as part of this PD request.
4
The following spoke with concerns about the subdivision:
• Barbara Miller (for Betty Miller), S63W16875 College Avenue
• David Brandt, S63W17176 College Avenue
• Norbert Tilidetzke, S63W17202 College Avenue
• Joseph Boschert, W170S6768 Timber Court
• Eileen Brancel, W170S6729 Timber Court
• John Iglinski, S67W17040 Timber Court
• Troy Konkel, S63W17044 College Avenue
• Mike Durovy, S68W17886 East Drive
• Kurt Lembke, S63W16669 College Avenue
• Jim Brindowski, S68W17264 Rossmar Court
• Elizabeth Hischke, S68W17763 Marybeck Lane
The common concerns were increase in traffic, dangerous curves on College Road, and area is
too small for number of proposed homes. Other concerns were extension of public utilities and
cost; potential placement of students in already over capacity schools, maintaining the wooded
area; trail system, flooding after development, and potential property clutter.
Bill Carity and Petitioner Ryan Janssen spoke in response to resident comments explaining the
traffic concerns have been addressed with the County, deed restrictions will reduce clutter free
properties, the development will trigger a traffic analysis by the County, and current parcels will
now have utilities available to them.
Adam Trzebiatowski also stated comments made at this Public Hearing will be addressed at the
next Plan Commission meeting scheduled for August 3, 2021.
Mayor Petfalski closed the Public Hearing at 7:00 pm.
CONSENT AGENDA Alderperson Kubacki moved to approve the items under Consent Agenda. Alderperson
Madden seconded; motion carried.
• Approval of July 13, 2021 Common Council Minutes
• An Operator License for Arthur F. Benotti, Brian C. Calvert, Jessica C. Ciardo, Tracy K. De
Angelis, Melissa A. Goode, Desirae S. Hamilton, Lauren A. Harrod-Wampfler, Roger F.
Heinichen, Sierra L. Kisting, Nadine M. Lindenstruth, Steven D. Lindenstruth, Rachael A. Lowe,
Claire N. McRoberts, Dayna A. Miller, Thomas H. Orlick, Christina A. Pechacek, Angela K.
Rummelhoff, Alissa M. Tremmel and Kiley J. Wojnowski.
• Resolution #062-2021 - Approval of Final Plat for Denoon Country Estates North Subdivision
• Resolution #063-2021 - Award of Bid - Reconstruction of Little Muskego Lake Access #9
• Resolution #064-2021 - Approval of a Joint Powers Agreement for the 911 Emergency System
with Waukesha County • Resolution #065-2021 - Approval of Bond Reduction for Home Path Financial LP
(Cobblestone)
• Resolution #066-2021 - Approval of Eagle Scout Gaga Ball Pit Project
• Resolution #067-2021 - Approval of Marshland Camps Preserve Parking Lot
• Resolution #068-2021 - Approval of a Certified Survey Map - Kaerek
NEW BUSINESS
None
REVIEW OF COMMITTEE REPORTS
• Finance Committee - June 22, 2021
• Plan Commission - June 1, 2021
5
FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES
WAIVED
Ordinance #1461 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan
of the City of Muskego (RSE and RS-1 to PD - Kirkland Crossing)
Alderperson Terrence emailed Mayor Petfalski stating he supports Ordinance #1461.
LICENSE APPROVAL Approval of Outside Dance Permit for AJ's Bar & Grill, S90 W13970 Boxhorn Drive, as follows:
• Sunday, August 22, 2021 - 3:30 pm to 7:00 pm (Patio Music)
Alderperson Madden moved to approve. Alderperson Kubacki seconded; motion carried.
Approval of Amended Licensed Premise for AJ's Bar & Grill, S90 W13970 Boxhorn Drive, as
follows:
• Sunday, August 22, 2021 - 3:30 pm to 7:00 pm to Include Grass Area Immediately
Surrounding Patio
Alderperson Kubacki moved to approve. Alderperson Wolfe seconded; motion carried.
Approval of Outside Dance Permit for Eagle Park Brewing and Distilling Company, S64 W15640
Commerce Center Parkway, for Friday, July 30, 2021 - 4:00 pm to 10:30 pm
Alderperson Wolfe moved to approve. Alderperson Madden seconded; motion carried.
VOUCHER APPROVAL
Utility Vouchers
Alderperson Kubacki made a motion to approve Utility Vouchers in the amount of
$409,160.70. Alderperson Madden seconded; motion carried.
General Fund Vouchers
Alderperson Kubacki made a motion to approve General Fund Vouchers in the amount of
$439,202.03. Alderperson Wolfe seconded; motion carried.
Wire Transfers for Payroll/Invoice Transmittals
Alderperson Kubacki made a motion to approve Wire Transfers for Payroll / Invoice
Transmittals in the amount of $780,778.93. Alderperson Madden seconded; motion carried.
CITY OFFICIALS' REPORTS
None
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW None
FUTURE AGENDA ITEMS
Alderperson Kubacki requested discussion regarding Recovery Act funds.
Alderperson Kubacki requested discussion regarding the Human Resources Director position
including salary range and job description. ADJOURNMENT
Alderperson Kubacki made a motion to adjourn at 7:08 pm. Alderperson Madden
seconded; motion carried.
Minutes taken and transcribed by Kerri Roller, Assistant Deputy Clerk.
6
Finance Meeting
Common Council Meeting
August 10, 2021 Operator Licenses
Applicant Name Employer Applying for License
1Page:
1.Vintage Grounds Operator's Regular NewAngela L. Bohmann
2.Hunter's Nest Operator's Regular NewAlison A. Frank
3.Leah's Italian Restaurant Operator's Regular NewChad T. Lugo
4.Kwik Trip #1080 Operator's Regular NewIsabella K. Seitz
5.Kwik Trip #664 Operator's Regular NewKelli M. Serchen
6.Crush Wine Bar Operator's Regular NewMallori K. Weiland
7
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #069-2021
APPROVAL TO RELEASE PLATTED DRAINAGE EASEMENT
Sylwia G. Enerson Property
WHEREAS, The City recommends the release of a 30-foot-wide Drainage Easement
over Lot 2 of CSM 11030 located on the Sylwia G. Enerson property (Tax Key Numbers
MSKC 2227.989.017 and 2227.989.018); and
WHEREAS, The existing Easement was incorrectly mapped and, as such, is being
released and a new Easement has already been established.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby approve the attached Release of Platted Drainage Easement.
BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Release of
Drainage Easement and the City Attorney is authorized to make substantive changes as
may be necessary in order to preserve the general intent thereof.
DATED THIS 10TH DAY OF August 2021.
SPONSORED BY
MAYOR RICK PETFALSKI
This is to certify that this is a true and accurate copy of Resolution #069-2021, which
was adopted by the Common Council of the City of Muskego.
____________________________
Clerk-Treasurer
8/21cmc
8
Page 1 of 2
Document Number
Release of Platted Drainage Easement
Document Title
1. The undersigned, City of Muskego, releases all rights, title,
and interest that may have in certain drainage easement, more
particularly described as follows:
30’ WIDE DRAINAGE EASEMENT OVER LOT 2 OF CSM 11030,
BEING A PART OF THE SE 1/4 OF THE SW 1/4 OF SECTION 17,
AND PART OF THE NW 1/4 OF THE NW 1/4 OF SECTION 20,
TOWNSHIP 5 NORTH, RANGE 20 EAST, IN THE CITY OF
MUSKEGO, WAUKESHA COUNTY, WISCONSIN DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 17,
THENCE N 88°18'06" E, ALONG THE SOUTH LINE OF THE
SOUTHWEST ¼ OF SECTION 17, 671.09 FEET TO THE
NORTHWEST CORNER OF LOT 2 OF CSM 11030; THENCE S
01°39'35" E, ALONG THE WEST LINE OF LOT 2 OF CSM 11030,
320.00 FEET TO THE POINT OF BEGINNING OF THE CENTERLINE
OF A 30 FOOT WIDE DRAINAGE EASEMENT; THENCE N 79°45'00"
E, 194.99 FEET; THENCE N 42°27'40" E, 244.40 FEET; THENCE N
38°45'00" E, 362.00 FEET; THENCE N 69°45'00" W, 233.35 FEET TO
THE NORTH LONE OF LOT 2 OF CSM 11030 AND TERMINOUS OF
SAID DRAINAGE EASEMENT.
The location of the easement hereinbefore described with
respect to the premises of the Grantor is shown on the
drawing attached hereto, marked Easement Vacation Exhibit
A and made a part hereof.
Recording Area
Name and Return Address
City of Muskego
W182 S8200 Racine Ave.
Muskego, WI 53150
Parcel Identification Number (PIN)
MSKC ______________
9
Page 2 of 2
Common Council Approval
Accepted Pursuant to the Authority of Common Council on the ____day of ___________, 20__
under Resolution # ______.
__________________________________________
Rick Petfalski, Mayor
STATE OF WISCONSIN )
) SS
WAUKESHA COUNTY )
Personally came before me this ____ day of _______________, 20___, the above named
Rick Petflaski, Mayor, respectively, to me known to be the person who executed the foregoing
instrument and acknowledged the same.
_________________________________________
Notary Public
__________________________County, Wisconsin
My Commission Expires: ____________________
This instrument drafted by Adam Trzebiatowski AICP
10
D A O R S D O O
W
EASEMENT VACATION EXHIBIT
30' WIDE DRAINAGE EASEMENT OVER LOT 2 OF CSM 11030 BEING PART OF THE SW 1/4 AND SE 1/4 OF THE SW 1/4 OF
SECTION 17, AND PART OF THE NW 1/4 OF THE NW 1/4 OF SECTION 20, TOWNSHIP 5 NORTH, RANGE 20 EAST,
CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN.
(262) 367-7599
LAND SURVEYING LAND PLANNING
www.landtechwi.com
S U R V E Y I N G
111 W. 2nd STREET
OCONOMOWOC, WI 53066
11
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #070-2021
APPROVAL OF MEMORANDUM OF UNDERSTANDING
FOR MUSKEGO-NORWAY SCHOOL RESOURCE OFFICER PROGRAM
AND POLICE SECURITY SERVICES FOR
MUSKEGO HIGH SCHOOL EXTRACURRICULAR ACTIVITIES
2021-2022 SCHOOL YEAR
WHEREAS, The Muskego-Norway School District and the City of Muskego have
established a School Resource Officer Program by Agreement, which sets forth
guidelines to ensure that all parties involved have a shared understanding of the goals
of the Program; and
WHEREAS, The Parties, as part of said Agreement, have also established a payment
method for Muskego Police Officers that provide security services for Muskego High
School extracurricular activities; and
WHEREAS, The Parties review and renew the Agreement on a yearly basis based upon
the prior year’s resources and school activities; that the Agreement is up for renewal at
this time; and
WHEREAS, The Finance Committee reviewed the attached Memorandum of
Understanding and recommended approval to the Common Council.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the Memorandum of Understanding for Muskego-Norway School Resource Officer
Program and Police Security Services for Muskego High School Extracurricular
Activities for the 2021-2022 School Year.
BE IT FURTHER RESOLVED That the Mayor and Police Chief are hereby authorized to
sign the Agreement and the City Attorney is authorized to make substantive changes to
it as may be necessary in order to preserve the general intent thereof.
DATED THIS 10th DAY OF AUGUST 2021.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #070-2021 which
was adopted by the Common Council of the City of Muskego.
Deputy Clerk
8/21cmc
12
1
MEMORANDUM OF UNDERSTANDING
for Muskego-Norway School Resource Officer Program
and Police Security Services for Muskego High School Extracurricular Activities
2021-2022 School Year
The purpose of this document is to establish a School Resource Officer Program and
to set forth guidelines to ensure that law enforcement, school officials, and the communities
they serve have a shared understanding of the goals of the School Resource Officer Program.
The parties agree that an effective School Resource Officer Program defines the role of
the School Resource Officer (SRO) within the context of the educational mission of the school;
draws distinctions between disciplinary misconduct to be handled by school officials and
criminal offenses/civil forfeitures to be handled by law enforcement; information sharing;
School Resource Officer training requirements; program assessment; and program structure. It
is further understood that police officers are taken off of routine patrol services in support of
the SRO Program.
The parties further agree that School Resource Officers receive the necessary support and
training to ensure a safe school environment while respecting the rights of students and
improving the overall school climate.
The purpose of this document is also to establish the payment method for Muskego police
officers that provide security services for Muskego High School extracurricular activities.
The parties agree to the following:
I.School Resource Officer Program
Role of the School Resource Officer within the Context of the Educational Mission of the
School
1. The mission of the School Resource Officer program is to improve school safety
and the educational climate at the school.
2. School Resource Officers are responsible for dealing with criminal/civil law
issues only. Both parties agree that disciplining of students is a School District
Responsibility and the SRO will take students violating the code of conduct to
the school administration where school discipline can be meted out. In regards
to poor behavior on student’s part, the SRO can counsel or educate the student
in right behavior but if consequences are necessary, the school administration
will be responsible for school discipline.
3. The SRO shall meet with building-level school administrators, teachers, parents,
and student representatives at least annuallyto discuss issues of school safety.
4. The SRO shall be integrated into the school community through participation in
faculty and student meetings and assemblies as appropriate.
13
2
5. The SRO shall maintain activity reports and submit summaries of these reports to
building-level school administrators, district-level school administrators, and the
Muskego Police Department. The summaries shall include, for each SRO, the
numbers and descriptions of all incidents or calls for service; names of school
officials involved (referring teachers, principals, etc.); student searches; student
questioning; tickets, citations, or summonses; filing of delinquency petitions;
referrals to a probation officer; actual arrests, and other referrals to the juvenile
justice system.
6. Absent a real and immediate threat to student, teacher, or school safety, and
absent the situations described herein, where formal law enforcement intervention
is deemed appropriate, building-level school administrators shall have final
authority in the building.
7. Students generally will not be taken into custody at school, except where a child
poses a real and immediate threat to student, teacher, or public safety or pursuant
to a warrant.
a) School principals shall be consulted prior to a student being taken into
custody where practicable.
b) The student’s parent or guardian shall be notified of a child being taken into
custody as soon as practicable.
Information Sharing
8. The school district designates the SRO a “school district official” as provided in
the Federal Educational Rights and Privacy Act (FERPA) 20 U.S.C. 1232g, and
118.125(2)(d) of the Wisconsin Statutes. A SRO may be provided access to
student records information maintained by the school district only as needed by
the SRO to perform his or her duties as SRO. A SRO may also be granted access
to student records information in the event of an emergency situation threatening
the health of safety of a student or other individual. The SRO may only re-
disclose student records information consistent with FERPA and Wisconsin pupil
records law.
9. Records created and maintained by a SRO for the purpose of ensuring the safety
and security of persons or property in the school, district, or for the enforcement
of local, state, or federal laws or ordinances shall not be considered student
records - even when such records may serve the dual purpose of enforcing school
rules - and are not subject to the same prohibitions of access or disclosure by the
SRO. (This provision does not prohibit school personnel from complying with the
notice and reporting requirements of seclusion or restraint of a student by the
SRO as specified in 118.305(4) of the Wisconsin Statutes.)
School Resource Officer Training Requirements
10. The SRO shall receive such training as is necessary to permit the SRO to
effectively advance the school’s educational mission in the context of his or her
14
3
duties as SRO. Training topics, goals, and objectives shall be determined jointly
by representatives of the school and the law enforcement agency. Training
expenses for school related training shall be shared equally by the
Muskego/Norway School District and the Muskego Police Department. Training
topics to consider may include: school values and mission; child and adolescent
development; cultural competency; positive behavioral supports, strategies, and
interventions; federal and state anti-discrimination and special education laws; the
provisions of Wisconsin law pertaining to the use of seclusion and restraint by
school personnel; trauma informed practices; de-escalation techniques;
compulsory attendance; suicide prevention; and school mental health.
Program Assessment
11. The School Resource Officer Program will be assessed annually, and the
evaluation will be conducted jointly between the Muskego Police Department and
the Muskego-Norway School District. The following areas will be used to
evaluate the program:
a) Success of established goals and objectives.
b) Police-citizen contacts (citations, arrests, community and school outreach
activities, etc.).
c) Community feedback.
d) Accomplishment of tasks agreed upon as part of any work plan written in
conjunction with the principal.
Structure and Funding for School Resource Officer Program
12. The School Resource Officer positions shall be reimbursed by the school district
for the salary and benefits of officers involved at the rate of 100% for 65% of the
calendar year which is the time spent in the schools.
13. Terms of the School Resource Officer Agreement:
a) That said above parties agree and contract for the sharing of the service of three
School Resource Officer’s positions as hereinafter set forth.
b) That the City of Muskego is to be the operator and fiscal agent for the School
Resource Officer positions.
c) That the School Resource Officers' work schedule will be coordinated between
the Muskego-Norway Schools and the City of Muskego Police Department.
SRO’s can be directed to serve any district building as needed.
d) That this contract shall be effective from September 1
st of said school year
through August 31st of the following year.
e) That both parties will indicate their interest to continue this contract for the
upcoming school year by informing the other party no later than August 1
st of the
year the contract is set to expire.
15
4
f) That the Plan of Operation and Plan of Payments (Schedule A attached hereto) for
this cooperative agreement shall be approved in advance of the contract signing
by both the Muskego-Norway School District and the City of Muskego.
g) That the School Resource Officers shall also serve as education instructors such as
D.A.R.E. instructors.
h) That the School Resource Officers' time will be spent in Muskego High School,
Muskego Lakes Middle School, and the Lake Denoon Middle School, and the
district elementary schools, the specific time for each to be mutually agreed upon
between both the Muskego-Norway School District and the City of Muskego
Police Department.
i) That the School Resource Officers provide the Muskego-Norway School Board
with a report regarding activities and actions taking place during the course of the
school year.
j) That work space will be provided by the Muskego-Norway School District.
k) That clerical support will be provided by the City of Muskego Police Department.
l) On or before August 1
st of each year, the Muskego-Norway School District will
indicate their desire to continue with the present officer assigned to each school
for the next school year. Any desired change in current personnel will be done in
writing.
m) When an SRO is absent due to illness or vacation, the other SRO’s will roam
between their assigned school and the one left vacant due to the aforementioned
absence.
14. The School Resource Officer shall report to the Special Services Lieutenant of the
Police Department and the designated school administrator of their assigned
school. Issues regarding the performance of the School Resource Officer shall be
handled by the Special Services Lieutenant and the designated school
administrator.
15. A signatory may terminate this Memorandum of Understanding by serving
written notice to all other signatories at least thirty (30) days in advance of such
termination. A termination by a signatory shall eliminate the presence of School
Resource Officers at Muskego/Norway Schools.
II.Security Services provided for Muskego High School Extracurricular Activities
The parties agree that activities held within and run by the Muskego-Norway School
District, which include high school football games, basketball games, school dances,
graduation, and other activities mutually agreed to by the Police Chief and District staff,
may be staffed with police personnel. Police hours shall be reimbursed by the School
District at the rate of 50% of the salary and benefits rate (straight time).
16
5
By signing this agreement all parties agree to it in its entirety.
___________
President of Muskego-Norway School District Date
___________
Superintendent of Muskego-Norway School District Date
___________
Mayor Date
___________
Chief of Police Date
T:\Departments\Mayor\Documents\SRO MOU 2021-2022.docx
17
CALCULATIONS SCHEDULE A
66.30 AGREEMENT
07/01/21 - 06/30/22
Officer Lange 130,624.49
Officer Sandretti 122,177.61
Officer Kristalidis 121,431.81
TOTAL 374,233.90
65% OF TOTAL 243,252.04
Payment Schedule:
12/01/21 121,626.02
06/01/22 121,626.02 *
Total 243,252.04
*Subject to change - Health Insurance.
18
66.30 AGREEMENT - POLICE LIAISON OFFICERS
07/01/21 - 06/30/22
D. Lange J. Sandretti C. Kristalidis
2021 2022 2021 2022 2021 2022
Total
Hourly Rate $39.34 $40.33 $39.34 $40.33 $39.34 $40.33 $39.84
Hours 1,040 1,040 1,040 1,040 1,040 1,040 6,240
Gross Pay* $40,913.60 $41,943.20 $40,913.60 $41,943.20 $40,913.60 $41,943.20 $248,570.40
Lump Sum Payment $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00
FICA (7.65%) $3,129.89 $3,208.65 $3,129.89 $3,208.65 $3,129.89 $3,208.65 $19,015.64
Wisconsin Retirement (12.09%/12.17%)* $4,946.45 $5,104.49 $4,905.54 $5,070.93 $4,905.54 $5,070.93 $30,003.89
Life Insurance (based on $50,000)/Longevity $31.32 $31.32 $27.36 $27.36 $33.24 $33.24 $183.84
Health Insurance/Allowance* $15,031.98 $15,783.58 $10,951.74 $11,499.33 $10,582.20 $11,111.31 $74,960.14
Uniform Allowance $500.00 $0.00 $500.00 $0.00 $500.00 $0.00 $1,500.00
Total $64,553.24 $66,071.24 $60,428.13 $61,749.47 $60,064.47 $61,367.34 $374,233.90
Percentage of Total 65.00% 65.00% 65.00% 65.00% 65.00% 65.00% 65.00%
Due from School District $41,959.61 $42,946.31 $39,278.29 $40,137.16 $39,041.91 $39,888.77 $243,252.04
*Subject to change.
CITY OF MUSKEGO
19
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #071-2021
APPROVAL OF PRELIMINARY PLAT FOR
THE KIRKLAND CROSSING SUBDIVISION
WHEREAS, A preliminary plat was submitted by Ryan Janssen of Ryan’s Buying, LLC
for the Kirkland Crossing Subdivision located in the NW ¼ of Section 3 and the NE ¼ of
Section 4 on College Avenue (Tax Key Numbers 2173.997,2173.998, 2170.991 and
2176.999); and
WHEREAS, The developer has petitioned to rezone the property to PD – Planned
Development District (based on the RS-2 Suburban Residence District); a public
hearing was held on July 27, 2021; and
WHEREAS, Said plat proposes the development of 107 single-family residential lots
and four (4) outlots; and
WHEREAS, The Plan Commission has recommended approval of the preliminary plat
subject to the conditions of adopted Resolution #P.C. 053-2021.
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 for the Kirkland Crossing Subdivision located in the NW ¼ of Section 3
and the NE ¼ of Section 4 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 Public Works and Development Director, the Public
Works and Safety 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, performance bond, cash
or certified check meeting the approval of the City Attorney in an amount equal to
120% the estimated cost of the improvements is given.
3.Pursuant to §392-22 B. (4) of the Muskego Chapter 392 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 ensure 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.
20
Resolution #071-2021 Page 2
DATED THIS 10TH DAY OF AUGUST, 2021.
SPONSORED BY:
Ald. Eileen Madden
This is to certify that this is a true and accurate copy of Resolution #071-2021 which
was adopted by the Common Council of the City of Muskego.
____________________________
Deputy Clerk
8/21jmb
21
Scale: 1" = 100'
Scale: 1" = 200'
S.E.C.
S.E.C.POND
POND
POND
PON
D
TR
A
I
L
-TOTAL AREA = 91.22 acres
- CSM Lot 1 = -0.64 acres
- Subdivision Area (Site) = 90.58 acres
-PROPOSED DEVELOPMENT = 107 Lots
+ 1 CSM Lot
108 Lots
- DENSITY = 108 lots/91.22 acres = 1.18 units/acre
-PROPOSED ZONING = PD
- Lot Size = 20,000 sf
- Lot Width = 100' average or 90' minimum as follows:
- 100' average: Lots 1-51,58-62,66-70,73-77,
81,82,92-97,107
- 90' minimum: Lots 52-57,53,63-65,71,72, 78-80,
83-91,98-106
- Building Setbacks
- Front = 30'
- Front Setback for Corner Lot Side Street = 25'
- Side = 12.5'
- Rear = 25'
- Proposed FAR = 25%
- Proposed Open Space = 70% of Lot Area*
* Recogizing that an additional 29% of the development is
preserved open space in Outlots.
-OUTLOT OPEN SPACE = 26.82 acres (29.6% of Site)
- Wetland Area = 4.77 acres
- Upland SEC Area = 18.38 acres
- Road Length = 7,385 lf (69.67 lf/lot)
SITE DATA TABLE
ACCESS TRAIL
22
RESOLUTION #P.C. 053-2021
APPROVAL OF A PRELIMINARY PLAT FOR THE KIRKLAND CROSSING SUBDIVISION
LOCATED IN THE NW ¼ OF SECTION 3 AND NE ¼ OF SECTION 4
(TAX KEY NUMBERS 2173.997, 2173.998, 2170.991 AND 2176.999 / BETWEEN COLLEGE
AVENUE AND MARTIN DRIVE)
WHEREAS, A preliminary plat was submitted by Ryan Janssen of Ryan’s Buying, LLC. for the
Kirkland Crossing Subdivision located in the NW ¼ of Section 3 & NE ¼ of Section 4 (Tax Key
Nos. 2173.997, 2173.998, 2170.991 and 2176.999), and
WHEREAS, The petitioner is proposing rezoning the property to PD – Planned Development
District (based on RS-2 – Suburban Residence District) with a Public Hearing on July 27, 2021,
and
WHEREAS, Said plat proposes 107 single-family lots and four (4) outlots, and
WHEREAS, The outlots within the subdivision will be reserved for stormwater management and
open space/wetland/tree preservation, and
WHEREAS, The lots range in size between 20,006 SF and 41,721 SF, and
WHEREAS, The minimum average widths are requested to be allowed to be 90 feet on
specifically listed lots and 100 on other specifically listed lots, per the PD rezoning request, and
WHEREAS, The petitioner is proposing a 2020 Comprehensive Plan amendment to change the
land use category from Low Density Residential to Medium Density Residential, and
WHEREAS, The proposed amendment to the 2020 Comprehensive Plan will be for Medium
Density Residential (densities of 1.0 – 2.99 units/acre) and the proposal meets this requirement
under the Planned Development zoning proposed, and
WHEREAS, The development will be serviced by municipal water and sewer, and
WHEREAS, There are technical corrections that need to be addressed.
THEREFORE BE IT RESOLVED, That the Plan Commission recommends approval to the
Common Council of a Preliminary Plat for the Kirkland Crossing Subdivision, located in the NW ¼
of Section 3 & NE ¼ of Section 4 and will be receptive to the submittal of a final plat, subject to
resolution of technical discrepancies as identified by the City Planning Department and City
Engineers, and payment of all applicable fees and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, An exhibit must be provided showing that all lots meet the code
defined minimum average width of 90’ and 100’ (per the request PD district).
BE IT FURTHER RESOLVED, That the woodland and wetland areas located on private lots or
close to borders of private lots will need to be lined with split rail fences as part of the subdivision
construction plans.
BE IT FURTHER RESOLVED, This Preliminary Plat approval is contingent on the pending
rezoning and 2020 Comprehensive Plan amendment to the proposed PD – Planned Development
rezoning and Medium Density Residential land use being granted and if said rezoning and 2020
Comprehensive Plan amendment is not granted, this Preliminary Plat approval is void.
BE IT FURTHER RESOLVED, This approval is conditional upon all State, County, and City codes
being addressed.
BE IT FURTHER RESOLVED, A Subdivider’s Agreement and Letter of Credit/Bond must be
approved by the Council and all subdivision improvements made and accepted before any Final
Plat approvals can be allowed.
23
BE IT FURTHER RESOLVED, All technical review comments, which are pending, must be
addressed.
BE IT FURTHER RESOLVED, That a digital file of this Plat shall be submitted to the City in
accordance with Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted: August 3, 2021
Defeated:
Deferred:
Introduced: August 3, 2021
ATTEST: Adam Trzebiatowski, Planning Manager
24
City of Muskego
Plan Commission Supplement PC 053-2021
For the meeting of: August 3, 2021
REQUEST: Approval of a Preliminary Plat for the Kirkland Crossing Subdivision
Between Martin Drive and College Avenue / Tax Key Nos. 2173.997, 2173.998, 2170.991 and 2176.999
NW ¼ of Section 3 & NE ¼ of Section 4
PETITIONER: Ryan Janssen of Ryan’s Buying, LLC.
INTRODUCED: August 3, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 053-2021
The petitioner has submitted the Preliminary Plat for the Kirkland Crossing subdivision. The proposal includes 107
single-family lots and four (4) outlots. There would be one separate lot dividided via a separate future CSM. The
development includes one access point on Martin Drive and College Avenue along with an additional emergency
access to College Avenue. A Rezoning and 2020 Comp Plan amendment for this development are pending under
Resolution PC 051-2021. This plat approval is conditional on the Rezoning and 2020 Comp Plan amendments
being granted.
PLAN CONSISTENCY PC 053-2021
Comprehensive Plan:
Upon a proposed 2020 Comprehensive Plan Amendment, there is a request for
a medium-density residential land use designation (densities of 1.0 – 2.99 units
per acre). The proposal is consistent with the proposed amendment with a
density of 1.18 units/acre.
Zoning:
The property is currently RSE – Suburban Estate District with a small portion
that fronts Martin Drive that is current zoned RS-1 Suburban Residence
District. The applicant is in the process of requesting a rezoning to PD –
Planned Development District (based on RS-2 – Suburban Residence District).
Park and Conservation
Plan:
The woodlands within the area are identified as High Priority Conservation
Area. Any future development will be required to address these plans. The
bulk of the woods are being preserved with some woodland disturbance for
stormwater management and some minimal outskirt disturbance for building
pad placements. All wetlands are located in outlots and are not being
disturbed. The proposal is consistent with the Plan.
Street System Plan:
All interior right-of-ways are proposed to be dedicated to the proper widths and
a road stub connection is being provided to the property to the east to ensure
possible road way expansions/connections down the road if the neighboring
property were to ever develop. The proposal is consistent with the Plan.
Adopted 208 Sanitary Sewer The future development would be served by municipal sewer, which is being
25
Service Area: brought to and through the development. The proposal is consistent with the
Plan.
Water Capacity Assessment
District:
This area will be served by municipal water through infrastructure extensions.
The proposal is consistent with the Plan.
Stormwater Management
Plan: Stormwater is shown to be accommodated in the outlots in the development.
STAFF DISCUSSION PC 053-2021
Current Proposal
Ryan Janssen is moving forward with a proposal for 107 single-family lots (with one additional lot containing an
existing home along Martin Drive, which would be split via a separate future CSM, bring the total to 108 total lots),
resulting in approximately 1.18 units/acre or 1 unit per 0.85 acres (36,915 square feet) of land (gross). This density
falls within the Medium Density Residential land use category, which allows 1.0 to 2.99 units/acre. The proposed
density would meet the proposed amended 2020 Comprehensive Land Use Plan requirement. The base RS-2
zoning typically allows 20,000 square feet of land per lot with a typical minimum average width of 110 feet. As part
of the PD request, the applicant is asking for the following zoning waivers:
• Minimum average lot width of 90 feet on specifically listed lots and 100 on other specifically listed lots, as
compared to the typical 110 feet in the standard RS-2 District.
• Front setback of 30 feet, as compared to the typical 40 feet in the standard RS-2 District.
• Side yard offsets of 12.5 feet on both sides, as compared to the typical 15 feet on one side and 20 feet on
the opposite side in the standard RS-2 District.
• Rear offset of 25 feet, as compared to the typical 20 feet in the standard RS-2 District.
The applicant is not requesting any type of density bonus as part of this PD request.
The lots within the proposed subdivision range from 20,006 square feet to 41,721 square feet. The outlots within
the subdivision will be reserved for stormwater management and open space/wetland/woodland preservation.
The Resolution is drafted to state that this Preliminary Plat approval is contingent on the pending PD – Planned
Development rezoning being granted and if said rezoning is not granted, this Preliminary Plat approval is void.
Access to the subdivision can be gained from one access point on Martin Drive and one access on College
Avenue. An internal network of streets will front each of the lots with dedicated rights-of-ways including five cul-de-
sacs. As noted, there will be an emergency access from the northeastern cul-de-sac to College Avenue as
Waukesha County removed the second access onto College Avenue.
The technical review is pending and will be forwarded once complete and the Resolution is drafted to allow
approval subject to these technical corrections being addressed before construction plans and the final plat can be
approved.
The misc. items required in the resolution are as follows:
BE IT FURTHER RESOLVED, That the woodland and wetland areas located on private lots or close to
borders of private lots will need to be lined with split rail fences as part of the subdivision construction
plans.
BE IT FURTHER RESOLVED, An exhibit must be provided showing that all lots meet the code defined
minimum average width of 90’ and 100’ (per the request PD district).
BE IT FURTHER RESOLVED, This Preliminary Plat approval is contingent on the pending rezoning and
2020 Comprehensive Plan amendment to the proposed PD – Planned Development rezoning and Medium
Density Residential land use being granted and if said rezoning and 2020 Comprehensive Plan
26
Amendment is not granted, this Preliminary Plat approval is void.
BE IT FURTHER RESOLVED, A Developer’s Agreement and Letter of Credit/Bond must be approved by
the Council and all subdivision improvements made and accepted before any Final Plat approvals can be
allowed.
STAFF RECOMMENDATION PC 053-2021
Approval of Resolution #PC 053-2021
27
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1461
AN ORDINANCE TO AMEND THE ZONING MAP
AND 2020 COMPREHENSIVE PLAN
OF THE CITY OF MUSKEGO
(RSE and RS-1 to PD – Kirkland Crossing Subdivision)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: The following described property is hereby rezoned from RSE – Suburban
Estate District and RS-1 – Suburban Residence District to PD – Planned Development
District (based on RS-2 – Suburban Residence District):
Tax Key Numbers 2170.991, 2173.997, 2173.998 and 2176.999/
Between Martin Drive and College Avenue
SECTION 2: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: The Common Council does hereby amend the 2020 Comprehensive Plan
to reflect a change from Low Density Residential Land Use to Medium Density
Residential Land Use.
SECTION 4: This ordinance is in full force and effect from and after passage and
publication subject to approval and recording of a Developer’s Agreement and Final Plat
approval.
PASSED AND APPROVED THIS DAY OF ________ 2021.
CITY OF MUSKEGO
_______________________________
Rick Petfalski, Mayor
First Reading: July 27, 2021
28
Ord. #1461 2
ATTEST:
______________________________
Clerk-Treasurer
Ordinance Published:
29
CITY OF MUSKEGO
Staff Report to Common Council
July 27, 2021 Meeting
To: Common Council
From:Adam Trzebiatowski, AICP
Subject: Kirkland Crossing Subdivision (Ryan Janssen) - Rezoning from RSE – Suburban Estate District
and RS-1 Suburban Residence District to PD – Planned Development District (based on RS-2 – Suburban
Residence District)
Date: July 21, 2021
Background Information:
The petitioner, Ryan Janssen of Kirkland Crossing, LLC., is applying to rezone several properties located
between College Avenue and Martin Drive immediately east of Park Arthur (Tax Key Nos. 2173.998,
2173.997, 2170.991 and 2176.999). The request is to rezone from RSE – Suburban Estate District and RS-1
Suburban Residence District to PD – Planned Development District (based on RS-2 – Suburban Residence
District).
The site of this rezoning and newly proposed subdivision is 91.22 acres in size. The tentative subdivision
proposal is for 108 lots along with four (4) outlots. The outlots would be for stormwater management, open
space/preservation, for utility easements and landscape easements. The subdivision would include new
public roadways stemming off of College Avenue and Martin Drive.
The 2020 Comprehensive Plan currently identifies this area as Low Density Residential use and as part of
this request the land use plan would be amended the entire area to Medium Density Residential use.
Medium Density Residential was going to be a suggested change as part of the adoption of the upcoming
2035 Comprehensive Plan, but this amendment will expedite the process. Additionally, a recent utility study
was completed regarding sewer serviceability to the general area of this proposed development. The study
showed that many of the undeveloped lands in this general area are able to be serviced by gravity sewer. As
such, the developer will be extending public sanitary sewer and water through this development while also
providing sewer and water stubs to potentially developable lands to the east.
The proposed 108 single-family lots results in approximately 1.18 units/acre or 1 unit per 0.85 acres (36,915
square feet) of land (gross). This density falls within the Medium Density Residential land use category,
which allows 1 to 2.99 units/acre. The proposed density will meet the new Medium Density Residential
requirements. The base RS-2 zoning typically allows 20,000 square feet of land per lot with a typical
minimum average width of 110 feet. As part of the PD request, the applicant is asking for the following
zoning waivers:
Minimum average lot widths of 90 feet and 100 feet on predetermined lots, as compared to the
typical 110 feet in the standard RS-2 District.
Front setback of 30 feet and 25’ on second street side of corner lots, as compared to the typical 40
feet in the standard RS-2 District.
Side yard offsets of 12.5 feet on both sides, as compared to the typical 15 feet on one side and 20
feet on the opposite side in the standard RS-2 District.
Rear offset of 25 feet, as compared to the typical 20 feet in the standard RS-2 District.
Proposed open space of 70 percent of the lot area, as compared to the typical 15,000 square feet or
75 percent of the lot area.
The applicant is NOT requesting any type of density bonus as part of this PD request.
30
COLLEGE AVE
MARTIN DR
EAST DR
OAK HILL DR
MARYBECK LN
ROSSMAR DR
TIMBER CT
LANNON DR
ROSSMAR CT
G R E E N R I D G E T R LCOPPER O A K S C T
C O P P E R O A K S D R
EAST DR
WC Land Information Office, WLIP, SEWRPC, Ayres Associates
I
Agenda Item(s)
Right-of-Way
Properties
0 500 1,000 Feet
Kirkland Crossing Subdivisio nBetween College Avenue & Martin Drive
Resolution #PC 051-2021Supplemental Map
Prepared by City of Muskego Planning Department 31
RESOLUTION #P.C. 051-2021
RECOMMENDATION TO COUNCIL TO AMEND THE ZONING MAP AND 2020
COMPREHENSIVE PLAN OF THE CITY OF MUSKEGO FOR KIRKLAND CROSSING
DEVELOPMENT FOR PROPERTIES LOCATED IN THE NW ¼ OF SECTION 3 AND THE NE ¼
OF SECTION 4
(TAX KEY NOS. 2173.997, 2173.998, 2170.991 AND 2176.999 /
BETWEEN MARTIN DRIVE AND COLLEGE AVENUE)
WHEREAS, A petition for a Rezoning and 2020 Comprehensive Plan Amendment was submitted
by Ryan Janssen of Ryan’s Buying, LLC. for four properties between Martin Drive and College
Avenue (Tax Key Nos. Tax Key Nos. 2173.997, 2173.998, 2170.991 and 2176.999), and
WHEREAS, The rezoning request is to amend the existing RS-1 Suburban Residence District and
RSE Suburban Estate District to a Planned Development District based on the RS-2 Suburban
Residence District, per the rezoning submittal, and
WHEREAS, A Public Hearing for the rezoning was heard before the Common Council on August
27, 2021, and
WHEREAS, The 2020 Comprehensive Plan identifies this area for low density residential and
requires an amendment to medium density residential uses, and
WHEREAS, The 2020 Comprehensive Plan is allowed to be changed by the Planning
Commission and Common Council when it is deemed that the request has found that it is
consistent in all respects to the spirit and intent of the City’s ordinances, is in conformity with the
general plans for community development, would not be contrary to the general welfare and
economic prosperity of the City or of the immediate neighborhood, that the specific development
plans have been prepared with competent professional advice and guidance, and that the benefits
and improved design of the resultant development justifies the variation from the normal
requirements of the adopted Comprehensive Plan, and
WHEREAS, Pursuant to a recent sewer study, the property will be served by municipal gravity
sanitary sewer as well as municipal water planned extensions.
THEREFORE BE IT RESOLVED, That the Plan Commission does hereby recommend approval
to the Common Council for the rezoning from RS-1 Suburban Residence District and RSE
Suburban Estate District to a Planned Development District (based on the RS-2 Suburban
Residence District) and approval of the 2020 Comprehensive Plan Amendment to Medium
Density Residential for Ryan Janssen for the properties between College Avenue and Martin Drive
(Tax Key No. 2173.997, 2173.998, 2170.991 and 2176.999).
BE IT FURTHER RESOLVED, That Plan Commission finds that the 2020 Plan can be amended
in this instance as the proposed rezoning request is consistent to the spirit and intent of the City’s
ordinances, is in conformity with the general plans for community development, and would not be
contrary to the general welfare and economic prosperity of the City or of the immediate
neighborhood.
BE IT FURTHER RESOLVED, That this resolution recommends to the Council to include in the
ordinance that the rezoning only takes effect upon approval and execution of a Final Plat and the
recording of the Developers Agreement.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution
shall result in the imposition of fines of $100 per day, the initiation of legal action, or both.
32
Plan Commission
City of Muskego
Adopted: August 3, 2021
Defeated:
Deferred:
Introduced: August 3, 2021
ATTEST: Adam Trzebiatowski, Planning Manager
33
City of Muskego
Plan Commission Supplement PC 051-2021
For the meeting of: August 3, 2021
REQUEST: Rezoning from RSE - Suburban Estate District and RS-1 - Suburban Residence District to a
PD - Planned Development District based on the RS-2 Suburban Residence District and a 2020
Comprehensive Plan amendment from Low Density Residential to Medium Density Residential
Between Martin Drive and College Avenue / Tax Key Nos. 2173.997, 2173.998, 2170.991 and 2176.999
NW ¼ of Section 3 & NE ¼ of Section 4
PETITIONER: Ryan Janssen of Ryan’s Buying, LLC.
INTRODUCED: August 3, 2021
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 051-2021
Petitioner has submitted a rezoning request for four parcels between Martin Drive and College Avenue
east of Park Arthur for the development of a future subdivision. The rezoning request is to change the
existing zoning of RSE - Suburban Estate District and RS-1 - Suburban Residence District to PD -
Planned Development District based on the RS-2 - Suburban Residence District and a 2020
Comprehensive Plan amendment from Low Density Residential to Medium Density Residential use per
the submittal described in more detail below.
PLAN CONSISTENCY PC 051-2021
Comprehensive Plan: The current 2020 Plan depicts the areas for Low Density Residential
use. The proposal is to change this property to Medium Density
Residential use in the Plan. Staff is in favor of a future Comp Plan
amendment to medium density residential as this was already going to
be a suggested change as part of the adoption of the upcoming 2035
Comp Plan.
Zoning: The bulk of the development is currently zoned RSE - Suburban Estate
District with a small portion that fronts Martin Drive that is current zoned
RS-1 - Suburban Residence District and the proposal is to change the
parcels to PD - Planned Development District based on the RS-2 -
Suburban Residence District. The RS-2 district is a single-family district.
Park and Open Space Plan: The woodlands within the area to be rezoned are identified as High
Priority Conservation areas. The petitioner has submitted a conceptual
plan that preserves most of the wooded area within an outlot. There
are some wooded areas that will be impacted at the backs of lots and/or
for stormwater management. The proposal is consistent with the Plan.
Street System Plan: All roadways through the proposed development will be constructed to
City standards and dedicated to the City as public roadways. The
proposal is consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
There currently is public sanitary sewer in Martin Drive. There was a
recent sewer study done that looked at sewer serviceability to the
general area of this proposed development. The study showed that
34
many of the undeveloped lands in this general area are able to be
serviced by gravity sewer. As such, in this proposal the developer is
planning on extending public sanitary sewer through this development.
Also, a sanitary sewer stub will need to be provided to the east, where
the proposed roadway is shown stubbing to the property to the east.
The applicant would need to contact the Utilities Department to further
explore the sanitary sewer expansion options.
Water Capacity Assessment
District:
The municipal water system is currently located about 2,300’+
southeast down Martin Drive. As part of a proposed development,
municipal water would need to be extended by the developer to this
development and throughout it. Also, a water main stub will need to be
provided to the east, where the proposed roadway is shown stubbing to
the property to the east. The applicant would need to contact the
Utilities Department to further explore the water main expansion
options.
Stormwater Management
Plan:
Stormwater management is planned with a network of ponds and
wetlands identified within outlots of the proposed subdivision. The
Engineering Department will be reviewing all stormwater management
facilities.
DISCUSSION PC 051-2021
Rezoning
Ryan Janssen is petitioning for a rezoning for four properties between College Avenue and Martin Drive
to amend the existing zoning of RSE - Suburban Estate District and RS-1 - Suburban Residence District
to a new PD - Planned Development District based on the RS-2 - Suburban Residence District. The
petitioner is requesting this rezoning in order to allow the parcels to be utilized for a future single-family
development.
This development has an access to College Avenue and Martin Drive. A longer cul-de-sac extends east
and north from the main road through the subdivision. A future access stub is shown toward the east and
where the cul-de-sac ends there would be an emergency access to College Avenue. All of the roads will
be constructed to City standards and dedicated to the City upon completion/inspection.
A conceptual submittal came before the Plan Commission in June 2021. The major concerns brought up
included wetlands on outlots, traffic both within the subdivision and on Martin Drive and College Avenue
and preserving the woodlands.
The parcels to be rezoned combined are approximately 91.22 acres (3,973,720 SF) for 108 lots for a
density of 1.18 units per acre. Immediately adjacent to the proposed subdivision include the Marlan
Meadows subdivision which is zoned RS-2 Suburban Residence District, Park Arthur and the old
Reynold’s Machine property which is zoned M-1 - Light Industrial, and a couple large properties that are
zoned RSE - Suburban Estate District to the east. The property to the north across College Avenue is
RC-3 - Country Estates District and large properties in the City of New Berlin. No density bonus is being
requested as part of this proposed amendment.
As is noted above, the applicant would be seeking a PD – Planned Development rezoning based on the
RS-2 base zoning district. As part of the PD, they are not seeking any lot size reductions (20,000 SF
minimums). They are asking for lot width reduction from 110’ to a minimum lot width of 90’ on some lots
and a minimum lot width on some other lots of 100’. They would be asking for this in an effort to not
waste viable land while still preserving much of the conservation lands within the development. They are
also asking for setback/offset alterations and an open space reduction. The setback/offsets are normally
as follows in the RS-2 district:
• Front – 40’, 1 Side – 15’; Other Sides/Rear – 20’
As part of the PD request, they would be asking from the following:
• Front – 30’, All Sides – 12.5’; Rear – 25’
35
For the open space, the RS-2 district normally requires that 15,000 SF or 75% of the lot area remain as
open space. As part of the PD they would be asking for flat open space requirement of 70%. Staff does
not have any issues with slight open space reduction due to the large areas of permanent open space
preservation.
There was a recent sewer study done that looked at sewer serviceability to the general area of this
proposed development. The study showed that this area is able to be serviced by gravity sewer, which
was previously unknown. As such, the proposal will include the developer extending public sanitary
sewer through this development and stubbed to the east for future expansion possibilities. Additionally,
municipal water will be extended by the developer to this development and stubbed to the east. The
developer has stated that they will also be extending cable, phone, gas and electric throughout the
development.
2020 Comprehensive Plan
The 2020 Plan depicts the area for Low Density Residential use. The proposal is to change this property
to Medium Density Residential use.
The 2020 Plan specifically discusses allowing 2020 Land Use Plan Amendments by the Council and
Planning Commission as follows:
Plan Amendments: The Comprehensive Plan is not a strict blueprint for development and land use
patterns in the City of Muskego. The Plan will be flexible as constraints of the environment and
community desires may change. The recommendations and objectives set forth herein were based
upon existing factual data and the spoken priorities of those involved in the planning process.
During the course of the planning process, it was known by those involved that constraints of the
environment, infrastructure needs, or individual aspirations might change. Thus, this Plan should
be amended if demonstrated as appropriate to the Common Council. However, amendments
should only be made after a rational evaluation of the existing conditions and the potential impacts
of such a change are made. Thus, this Plan recommends that the following be answered and/or
shown to the Common Council and Planning Commission before any amendment request is
fulfilled:
1. What has changed with the parcel(s) since the adoption of the 2020 Plan that warrants a new
thinking/direction for the area?
2. Demonstrate that the proposed amendment is consistent in all respects to the spirit and intent
of the City’s ordinances, is in conformity with the general plans for community development,
would not be contrary to the general welfare and economic prosperity of the City or of the
immediate neighborhood, that the specific development plans have been prepared with
competent professional advice and guidance, and that the benefits and improved design of the
resultant development justifies the variation from the normal requirements of the adopted
Comprehensive Plan.
3. Any other criteria that the Council and/or Planning Commission deems necessary. Said criteria
may be adopted in the form of an adopted policy by the aforementioned bodies of Muskego
government.
Public Hearing
The Common Council held the public hearing for this request at their Tuesday, July 27, 2021 meeting. A
synopsis of the comments from the Public Hearing include the following:
1. Barbara Miller (for Betty Miller), S63 W16875 College Avenue - Concerned about the proposal
having sixteen new lots that would abut their property and those residents’ garbage, traffic along
College Avenue, trespassing, people driving from the road stub onto her driveway and potential
flooding issues if not graded properly.
2. David Brandt, S63 W17176 College Avenue - Concerned with traffic on College Avenue and the
fact that there are utilities (gas) on Martin Road but not on College.
3. Norb Tilidetzke, S63 W17202 College Avenue - Concerned with traffic on College Avenue and
suggested flashing signs when speeding, wants the ability to extend gas, water and sewer lines
to his property as this is the opportunity now with development, and the density is too high and
doesn’t match the existing homes in Muskego.
36
4. Joseph Boschert, W170 S6867 Timber Court - Would like the 2020 Comprehensive Land Use
Plan followed as that illustrates the highest and best use rather than 2035 Plan; asked what the
benefits are to the City – sanitation; wants to be prudent with remaining lands and wants a
healthy mix of land use where the existing land use plan is 75% high and medium density
residential land use and 25% low density land use; other concerns include traffic, overcrowding
schools, an incomplete trail system and the trial along Martin Drive previously denied, and asked
if the wetlands can be developed outside of a Planned Development.
5. Eileen Brancel, W170 S6729 Timber Court - Stated that the Potawatomi Tribe previously lived
there and the current neighbors have protected the woodlands; the lots are too small so home
sizes should be limited; not opposed to the rezoning if development is safe and responsible
meaning lower density, traffic concerns addressed and larger lots, and was concerned who pays
for utilities on College and Martin Drive, new development should have public sewer and water to
not deplete the water table; permanent open space and woodlands.
6. John Iglinski, S67 W17040 Timber Court - Is very concerned with traffic on Martin Drive and
College Avenue; likes clustering subdivisions; and would like to see a trail constructed.
7. Bill Carity (Part of development team) - Very aware of the traffic on College and met with the
County regarding traffic on College, they do plan on extending gas to College Avenue; there will
be deed restrictions related to clutter in their backyards; and as for the 2020 Plan there was no
sewer or water, but now with sewer and water available it will allow for orderly development.
8. Troy Konkel, S63 W17044 College Avenue - Liked the open field and the look of the 2020
Comprehensive Plan and prefers no development, but is concerned for traffic on College Avenue,
he believes the City trail system is disjointed and would like a trail on College, this development is
destroying a good community.
9. Mike Durovy, S68 W17886 East Drive - Lives in Marlan Meadows and would like large lots like
the 2020 Comprehensive Plan, good plans on water and sewer, traffic is largest concern with no
consideration, there are too many lots with two exits.
10. Kurt Lemke, S63 W16669 College Avenue - Concerned with traffic, wondering where the gravity
sewer goes, he thinks larger lots would be better, trails being destroyed every five years, and
access point on College is a concern.
11. Jim Brindowski, S68 W17264 Rossmar Court - Wanted to mention whether the City has a right to
waive the first rights for the property as the Park District has this right according to the plan.
12. Ann Hischke, S68 W17763 Marybeck Lane - Concerned with traffic and they always wanted to
move into this area when developed, but now with smaller lot sizes they are not sure if they want
to purchase.
13. Ryan Janssen (Developer), S98 W33270 Geneveve Drive, Mukwonago - Wanted to point out that
the original plan was to have a second access onto College, but County wouldn’t allow, a Traffic
Impact Analysis will be completed as required by County for College Avenue, as for the highest
and best use of the land it can change with the discovery of sanitary sewer availability, current
zoning would allow for around 60 well and septic lots and bringing utilities will allow some
residents the availability to connect that wouldn’t otherwise and they are providing a path to the
park from the subdivision.
Below are some answers/comments to the addressable comments/question noted at the public hearing:
• City codes do not allow unsightly outdoor storage or storage within the rear offset areas. HOA’s
can also have rules and enforcement power over outdoor storage.
• For traffic on College Ave. the County is requiring a Traffic Impact Analysis (TIA) for the College
access point. Collage Ave. is a County highway and they control speed limits, access points,
signage, etc. Concerns about differing speed limit signs are being passed onto the County.
Once one access point on the College Ave. is proposed to limit the possible number of confliction
37
points and to place the access at the safest place possible along College. There is an
emergency access point being provided off the north end of the eastern post cul-de-sac.
• Grading and run-off will have to be designed appropriately by the engineering design team. The
City will also review said plans to ensure all drainage/run-off is handled properly.
• As far as utilities goes, City utilities, such as water and sanitary sewer, will be extended to and
through the interior of the development. The cost to extend these utilities are at the expense of
the developer, with the exception of any oversizing. These systems will tie into the larger existing
City systems. For the other utility’s, such as electric, gas, internet, cable, phone, etc.), the
developer will also be running through the interior of the development. The developer does not
need to extend these to adjacent land owners but since they may now be closer to other homes
in the areas, these neighboring homes may more easily now be able to get connected to said
utilities.
• As it relates to other area zoning and lot sizes, there are numerous areas of RS-2 zoned
properties in the general area, including Marlan Meadows, which is located just across Martin to
the south. The overall density of this development (approximately 1.18 units/acre) is actually a
lower overall density than some surrounding neighborhood, including Marlan Meadows. Also, the
RS-2 base zoning is the most commonly used single-family zoning district for sewered lots within
the City of Muskego. When analyzing the areas of each zoning districts in the City, the RS-2
district makes up 29.7% of all residential districts in the City and 15.8% of all zoning districts in
the City, which both are the single largest zoning areas in the City.
• When wetlands are within a non-PD zoned subdivision they can be located on private lots. With
a PD zoning, the City has more ability to require that the wetlands be placed in outlots, which help
further provide protection to them. This also applies to portions of wooded areas.
• The access point to Martin Drive will be designed to meet all City standards. There will obviously
be additional traffic generated from these new lots. That is inevitable with any type land split.
Martin Drive is designated as an arterial street. These roadways are intended to handling more
traffic as developments empty onto them. As it relates to road expansions, Martin Drive is no
more near the traffic load to warrant a wider road. If/when Martin Drive is re-paved someday,
there may be improvements needed in general based on the traffic at that period in time.
• Relating to a Martin Drive recreational path, there was a path that was previously not approved by
the Aldermen that were in office at that time. This does not mean that this topic may not be able
to be brought up again. We cannot require a developer to run a trail/path down Martin. There will
be internal trail connection from the subdivision to Park Arthur.
• The 2020 Comp Plan does require the Park & Conservation Committee to review the notation on
the Comp Plan map relating expanding Park Arthur. Internal discussion up to this point did not
show an interest to purchase additional land for Park Arthur. This is partially due to there still
being underdeveloped portion of the park in the northwest portion of the park. This review would
be a condition of approval.
As it relates to questions about the possible benefits of a Planned Development (PD) district, if a PD was
not requested and a normal zoning district was utilized the City loses some ability to require that wetland
be located in outlots for their protection and also can loose some ability to require that the bulk of the
woodland areas be located in outlots. The PD zoning district is meant to be a tool to help encourage
creative and flexible development while working with, and possibly protecting, the specific features of the
land that are worth protecting. An example would be that if the developer were to consider using the
existing RS-1 zoning (30,000 SF minimal lot size), the lots could contain the woodlands and/or wetlands
on private lots to help achieve the require minimum lot sizes. These features would still be located in
preservation easements, but any time a feature is located on private property, rather than on a
communally owned outlot, there is always a much greater chance that the features will be damaged,
destroyed or cut/filled.
Note - The Rezoning and 2020 Comprehensive Plan amendment approval documents are subject to
approval of a Final Plat and recording a Developer’s Agreement.
STAFF RECOMMENDATION PC 051-2021
Approval of Resolution PC 051-2021
38
CITY OF MUSKEGO Approved
FINANCE COMMITTEE MINUTES
July 13, 2021 5:30 PM
Muskego City Hall
W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 5:30 p.m.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Committee Members Alderpersons Kubacki, Wolfe, and Madden. Also present:
Alderpersons Hammel, Terrence, Kapusta, Engelhardt, City Attorney Warchol, Director of Public
Works and Development, and Deputy Clerk Blenski.
PUBLIC MEETING NOTICE
The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law.
APPROVAL OF MINUTES – June 22, 2021
Alderperson Madden moved to approve. Alderperson Kubacki seconded; motion
carried.
LICENSE APPROVALS
Recommend Approval of Operator Licenses
Alderperson Kubacki moved to recommend approval of an Operator License for Denise
Branski, Emily Brown, Jacquelyn Bykowski, Jacquelyn Corso, Jacquelynn Evans, Katie Flory,
Jessica Gugel, James Gunton, Scott Hepfner, Holly Korzeniewski, Sara Lesniewski, Brynn
Motel, Alexis Nicolato, Kimberly Nixon, Carrie Peterson, Julie Schaefer and Kim Weigold.
Alderperson Madden seconded; motion carried.
Recommend Approval of Outside Dance Permit for AJ’s Bar & Grill, S90 W13970 Boxhorn Drive,
as follows:
Sundays, July 18, July 25, August 1, August 8, August 15, and August 29, 2021 –
3:30 pm to 7:00 pm (Patio Music)
Tuesdays, July 27, August 17 and August 31, 2021 –
5:00 pm to 8:30 pm (Patio Music)
Alderperson Wolfe moved to recommend approval. Alderperson Madden seconded;
motion carried.
Recommend Approval of Amendment to Licensed Premise for AJ’s Bar & Grill, S90 W13970
Boxhorn Drive, to Include Grass Area Immediately Surrounding the Patio, as follows:
Sundays, July 18, July 25, August 1, August 8, August 15, and August 29, 2021 –
3:30 pm to 7:00 pm
Tuesdays, July 27, August 17 and August 31, 2021 –
5:00 pm to 8:30 pm
Alderperson Madden moved to recommend approval. Alderperson Wolfe seconded;
motion carried.
39
Finance Committee Minutes 2
July 13, 2021
NEW BUSINESS
Recommend Approval of Glen at Muskego Lakes Developer’s Agreement and Model Home
Agreement. It was noted that the City would reimburse the Developer for the watermain and sewer
upsizing once all construction has been finalized and approved. This will allow further
development to the west on Hwy. 36.
Alderperson Madden moved to recommend approval. Alderperson Kubacki seconded;
motion carried.
Recommend Approval of Denoon Country Estates North Storm Water Management Agreement
(SWMA)
Alderperson Kubacki moved to recommend approval. Alderperson Madden seconded;
motion carried.
Discuss Local Roads Improvement Program (LRIP) Funds for 2021 Road Program. Director
Kroeger is requesting to add the LRIP funds in the amount of $68,844.90 that the City will receive
to this year’s Road Program. The additional funds will be used for the Lake Meadows Subdivision.
Alderperson Kubacki moved to recommend approval. Alderperson Madden seconded;
motion carried.
VOUCHER APPROVAL
Utility Vouchers
Alderperson Kubacki made a motion to recommend approval of Utility Vouchers in the
amount of $60,089.01. Alderperson Madden seconded; motion carried.
Tax Vouchers
Alderperson Kubacki made a motion to recommend approval of Utility Vouchers in the
amount of $779.49. Alderperson Wolfe seconded; motion carried.
General Fund Vouchers
Alderperson Kubacki made a motion to recommend approval of General Fund Vouchers
in the amount of $604,785.88. Alderperson Madden seconded; motion carried.
Wire Transfers for Payroll/Invoice Transmittals
Alderperson Kubacki made a motion to recommend approval of Wire Transfers for
Payroll/Invoice Transmittals in the amount of $373,126.38. Alderperson Wolfe seconded;
motion carried.
COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW
None
ADJOURNMENT
Alderperson Wolfe made a motion to adjourn at 5: p.m. Alderperson Madden seconded;
motion carried.
Minutes taken and transcribed by Jill Blenski.
40
1
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1460
AN ORDINANCE TO ADD CHAPTER 229 TO THE MUNICIPAL CODE
OF THE CITY OF MUSKEGO
(Low Speed Vehicles, Neighborhood Electric Vehicles, and Golf Carts)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 229 is hereby added to the Municipal Code of the City of
Muskego to read as follows:
Article I Low Speed Vehicles
§ 229.1 Definitions.
Low Speed Vehicle (LSV). A motor vehicle that conforms to the definition and
requirements for low-speed vehicles as adopted in the federal motor vehicle safety
standards for low speed vehicles under 49 CFR 571.3(b) and 571.500. Low Speed
Vehicle does not include a Golf Cart.
§ 229.2 Equipment.
A. LSVs shall be 4-wheeled and have a speed range of at least 20 miles per hour and
not more than 25 miles per hour on a paved surface and have a gross vehicle weight
at rest of less than 3,000 pounds.
B. LSVs shall be equipped in the following manner to be verified by the Police
Department:
1. Head lamps.
2. Front and rear turn signals.
3. Stop lamps.
4. Reflex reflectors; one red on each side as far to the rear as practicable, and one
red on the rear of the vehicle.
5. An exterior mirror mounted on the driver’s side and either an exterior mirror on
the passenger side or an interior rearview mirror.
6. A parking brake.
7. A windshield that conforms to the requirements of the Federal Motor Vehicle
Safety Standard on Glazing Materials (49 CFR 571.205).
8. Reflective “Slow Moving Sign” or “Flag” on the rear of the LSV.
9. A Vehicle Identification number (VIN) that complies with federal law (49 CFR
565).
10.A Type 1 or Type 2 seatbelt assembly conforming to 49 CFR 571.209, and
Federal Motor Safety Standard no. 209, for each designated seating position.
11.Meets the general test conditions under 49 CFR 571.500(S6).
41
Ordinance #1460
2
§ 229.3 Permitted Users of Low Speed Vehicles.
An individual using an LSV on City streets must have a valid regular or probationary
driver’s license and a motor vehicle liability policy in effect that covers LSVs and meets
minimum requirements. For purposes of this Section, a learner’s permit shall not be
considered as a valid driver’s license nor shall any license that has been revoked,
temporary or otherwise, or suspended for any reason, be considered as a valid driver’s
license during the period of suspension or revocation.
§ 229.4 Permitted Use of Low Speed Vehicles on City Streets.
A licensed individual may operate an LSV on any roadway within the City that has a
speed limit of 25 miles per hour or less, regardless of whether the municipality has
jurisdiction over the roadway except as limited by State Law and this Article I. The LSV
must have headlamps on at all times while being operated by an individual. An LSV
may not be operated on any recreational trails throughout the City. A licensed individual
may operate an LSV on any highway within the City with a posted speed limit of 35
miles per hour or less for the sole purpose of crossing the roadway whereby crossing
the roadway connects roads that are designated for LSV operation.
§ 229.5 Operation of Low Speed Vehicles.
The operation of an LSV as permitted herein shall in all respects be in compliance with
all City Ordinances and State Statutes.
§ 229.6 Registration of Low Speed Vehicles.
LSVs operated within the City shall be registered with the Wisconsin Department of
Transportation and shall display that registration in accordance with Ch. 341, Wis. Stats.
Article II Neighborhood Electric Vehicles
§ 229.7 Definitions.
Neighborhood Electric Vehicles (NEV). A self-propelled motor vehicle that has
successfully completed the neighborhood electric vehicle America test program
conducted by the Federal Government Department of Energy and that conforms to the
definition and requirements for low speed vehicles as adopted in the Federal Motor
Vehicle Safety Standards for “low-speed vehicles” under 49 CRF 571.3(b) and 571.500.
Neighborhood Electric Vehicles does not include Golf Carts.
§ 229.8 Equipment.
A. NEVs shall be four (4) wheeled and have a speed range of at least twenty (20) miles
per hour and not more than twenty-five (25) miles per hour on a paved surface and
have a gross vehicle weight at rest of less than two thousand five hundred (2,500)
pounds.
42
Ordinance #1460
3
B. NEVs shall be equipped in the following manner to be verified by the Police
Department:
1. Headlamps.
2. Front and rear turn signals.
3. Stop lamps.
4. Reflex reflectors: one red on each side as far to the rear as practicable; and one
red on the rear.
5. An exterior mirror mounted on the driver’s side and either an exterior mirror on
the passenger side or an interior review mirror.
6. Parking brake.
7. Horn.
8. Reflective “Slow Moving Sign” or “Flag” on the rear of the NEV.
9. A windshield that conforms to the requirements of the federal motor vehicle
safety standard on glazing materials (49 CFR 571.205).
10.A vehicle Identification Number (VIN) that complies with the federal law (949
CFR 565).
11.A Type 1 or Type 2 seatbelt assembly conforming to 49 CFR 571.209, and
Federal Motor Safety Standard No. 209, for each designated seating position.
12.Meets the general test conditions under 49 CFR 571.500(S6).
§ 229.9 Permitted Users of Neighborhood Electric Vehicles.
An individual using an NEV on City streets must have a valid regular or probationary
driver’s license and a motor vehicle liability policy in effect that covers NEVs and meets
minimum requirements. For purposes of this Section, a learner’s permit shall not be
considered as a valid driver’s license nor shall any license that has been revoked,
temporary or otherwise, or suspended for any reason, be considered as a valid driver’s
license during the period of suspension or revocation.
§ 229.10 Permitted Use of Neighborhood Electric Vehicles on City Streets.
A licensed individual may operate an NEV on any roadway within the City that has a
speed limit of 25 miles per hour or less, regardless of whether the municipality has
jurisdiction over the roadway except as limited by State Law and this Article II. The NEV
must have headlamps on at all times while being operated by an individual. An NEV
may not be operated on any recreational trails throughout the City. A licensed individual
may operate an NEV on any highway within the City with a posted speed limit of 35
miles per hour or less for the sole purpose of crossing the roadway whereby crossing
the roadway connects roads that are designated for NEV operation.
43
Ordinance #1460
4
§ 229.11 Registration of Neighborhood Electric Vehicles.
NEVs operated within the City shall be registered with the Wisconsin Department of
Transportation and shall display that registration in accordance with Ch. 341, Wis. Stats.
Article III Golf Carts
§ 229.12 Statutory Authorization.
This Article III is adopted pursuant to authorization in Secs. 349.18(1)(b) and
349.18(1m), Wis. Stats.
§ 229.13 Definitions.
Golf Cart. A vehicle whose speed attainable in one (1) mile does not exceed twenty
(20) miles per hour on a paved, level surface, and that was designed and originally
intended to convey one (1) or more persons and equipment to play the game of golf in
an area designated as a golf course. State Law Reference Sec. 23.33(1)(fm), Wis.
Stats.
Public Street.A public street or highway located within the municipal boundaries of the
City of Muskego.
§ 229.14 Operation, Where Permitted.
A. A licensed individual may operate a Golf Cart on any roadway within the City that
has a speed limit of 25 miles per hour or less, regardless of whether the municipality
has jurisdiction over the roadway except as limited by State Law and this Article III.
B. A licensed individual may operate a Golf Cart on any highway within the City with a
posted speed limit of 35 miles per hour or less for the sole purpose of crossing the
roadway whereby crossing the roadway connects roads that are designated for golf
cart operation.
C.Exceptions. The operation of Golf Carts is not subject to the provisions of this
Article III under the following circumstances:
1. The operation of Golf Carts at golf courses, private clubs or on private property,
with the consent of the owner; or
2. The use of a Golf Cart in connection with a parade, festival or other special
event, in which the proper City permitting has been issued for the event and the
Golf Cart is only used during such event.
§ 229.15 Operators Permitted.
No person shall operate a Golf Cart upon a Public Street who is less than sixteen (16)
years of age or without a current, valid regular or probationary driver’s license issued for
44
Ordinance #1460
5
the operation of a motor vehicle. For purposes of this Section, a learner’s permit shall
not be considered as a valid driver’s license nor shall any license that has been
revoked, temporary or otherwise, or suspended for any reason, be considered as a valid
driver’s license during the period of suspension or revocation.
§ 229.16 Operations Restrictions.
A. No person shall operate a Golf Cart on a Public Street except in conformity with
federal, state and local laws regulating the operation of motor vehicles on public
streets and highways, including Ch. 346, Wis. Stats., as it relates to traffic
regulations, which are adopted by reference in their entirety. All City ordinances
regarding the use of motor vehicles in the City of Muskego, not inconsistent
therewith shall be observed, except that no Golf Cart may be operated at a speed in
excess of twenty (20) miles per hour.
B. No person shall allow a Golf Cart in the person’s custody from standing or remaining
unattended on any Public Street or in any other public place, except an attended
parking area, unless either the starting lever, throttle, steering apparatus, gear shift
or ignition of the Golf Cart is locked and the key for that lock is removed from the
Golf Cart.
C. No person shall operate a Golf Cart upon any sidewalk, pedestrian way, recreational
trail, or public park in the City, except as specifically authorized for the purpose of
legally crossing the street, or to obtain immediate access to an authorized area of
operation.
D. The operator of a Golf Cart shall yield the right-of-way to overtaking vehicles.
E. The seating capacity shall not be exceeded nor shall the operator or any passenger
be permitted to stand in the Golf Cart when it is in operation.
F. Golf Carts shall not be used as a taxicab or bus or for the commercial carrying of
passengers or the hauling of freight. Nor shall a Golf Cart be used for the purpose of
towing another cart, trailer or vehicle of any kind.
§ 229.17 Annual registration.
A. A Golf Cart must be registered with the City of Muskego prior to operating on a
public street. The registrant shall pay to the City of Muskego an annual Golf Cart
registration fee of Twenty-five Dollars ($25.00), to the City Clerk’s Office. The
registration fee must be renewed each calendar year. This fee is in addition to any
other fees required by law.
B. No person shall operate a Golf Cart, not currently registered with the City, on a
Public Street.
C. Prior to the initial registration the owner of the Golf Cart must have the cart inspected
by the Police Department to assure that it complies with the equipment restrictions.
45
Ordinance #1460
6
D. The registration sticker must be affixed to the rear of the vehicle where it is readily
visible.
§ 229.18 Equipment Restrictions.
A. No person shall operate a Golf Cart on a Public Street unless it conforms to all
federal, state and local laws and regulations regarding noise, emissions and
equipment, and is maintained in proper adjustment and repair.
B. No person shall operate a Golf Cart on a Public Street without displaying a lighted
headlight and taillight at all times and said lights must conform to the requirements of
this ordinance. Headlights shall be of a white or clear light and must be capable of
illuminating the road ahead during hours of darkness and be observed at a distance
of five hundred (500) feet. Headlight must be properly adjusted, as not to interfere
with the operation of other vehicles on the roadway. Taillights shall be red in color
and be observable to a distance of five hundred (500) feet at night.
C. No person shall operate a Golf Cart on a Public Street without at least two (2)
direction signal lamps showing to the front and at least two (2) showing to the rear
on the Golf Cart so as to indicate intention to turn right or left.
D. No person shall operate a Golf Cart unless it is equipped with a rear vision mirror
and a reflective “Slow Moving Sign” or “Flag” on the rear of the Golf Cart. The brakes
provided by the manufacturer of the Golf Cart shall be in proper working order and it
shall be equipped with all mechanical and standard safety features provided by the
manufacturer and shall not have been modified to exceed a speed of twenty (20)
miles per hour nor otherwise modified in any way that creates a hazard.
§ 229.19 Disclaimer and Liability.
A.Disclaimer.Golf Carts are not designed for nor manufactured to be used on Public
Streets and the City of Muskego neither advocates nor endorses the Golf Cart as a
safe means of travel on public streets, roads or highways. The City in no way shall
be liable for accidents, injuries or death involving the operation of a Golf Cart within
the City limits.
B.Assumption of Risk.Any person who owns, operates or rides upon a Golf Cart on
a Public Street, road, or highway within the City of Muskego limits does so at their
own risk and peril and assumes all liability resulting from the operation of the Golf
Cart.
Article IV Enforcement and Penalties.
§ 229.19 Enforcement.
A law enforcement officer has authority and jurisdiction to enforce this Chapter and
ordinances enacted in accordance with this Chapter. No operator of a LSV, NEV, or
46
Ordinance #1460
7
Golf Cart may refuse to stop after being requested or signaled to do so by a law
enforcement officer.
§ 229.20 Penalties.
1. For violations of Rules of the Road, those fines shall be as set forth in the State
of Wisconsin Revised Traffic Deposit Schedule.
2. For all other violations, the fine shall be as set forth in Chapter 1, Section 1-4 of
the Muskego Code of Ordinances.
SECTION 2: The several sections of this Ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the Ordinance which shall
remain in full force and effect. Any other Ordinance whose terms are in conflict with the
provisions of this Ordinance is hereby repealed as to those terms that conflict.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS ____ DAY OF _____________ 2021.
CITY OF MUSKEGO
_______________________________
Rick Petfalski, Mayor
ATTEST:First reading:
Clerk-Treasurer
Ordinance Published:
6/21cmc
47
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1462
AN ORDINANCE TO AMEND CHAPTER 132
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO
(Alcohol Beverages.)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: Chapter 132 of the Municipal Code of the City of Muskego, is hereby
amended to read as follows:
§ 132-1 State statutes adopted.
A. Chapter 125. The provisions of Chapter 125, Wisconsin Statutes, relating to the sale
of intoxicating liquor and fermented malt beverages, and any subsequent
amendments, exclusive of any provisions thereof relating to the penalty to be
imposed or the punishment for violation of such statutes, are adopted and made a
part of this Chapter by reference. The city further elects that retail “Class B” licenses
shall be issued under Wis. Stats. Section 125.51(3)(b) rather than under Wis. Stats.
Section 125.51(3)(a).
B. The provisions of Section 139.08(4), Wisconsin Statutes, authorizing inspection for
enforcement of Chapters 125 and 139, Wisconsin Statutes, during all reasonable
hours, and Section 139.22, Wisconsin Statutes, authorizing seizure of alcohol
beverages which violate Sections 139.01 to 139.25 and Chapter 125, Wisconsin
Statutes, are adopted and made part of this Chapter by reference.
C. Penalty for Violation of This Chapter. Any person, firm, partnership, or corporation
who violates any part of this Chapter shall be subject to the penalty and enforcement
provisions in Section 1-4 of this Code of Ordinances.
§ 132-2 License fees.
A. Licenses and permits may be issued by the City Clerk under the authority of the
Common Council after payment of the appropriate fees, which when so issued shall
permit the holder to sell, deal, or traffic in alcohol beverages as provided in Ch. 125,
Wis. Stats.
B. Fees for the above-noted licenses and permits shall be in such amount as may be
established by the Common Council from time to time by separate Resolution.
C. Any applicable publication fee and/or application fee and/or investigation fee shall be
submitted with the license or permit application as may be established by the
Common Council from time to time by separate Resolution.
D. The fees for licenses or permits that are not granted shall be refunded after
deducting the application fee and all actual publication fees and investigation fees.
48
Ord. #1462 2
E. Fees for partial licensing years may be prorated at the discretion of the Common
Council, except when State law requires prorated fees. In all cases when in its
discretion the Common Council issues an alcohol beverage license for a partial year,
a minimum fee of $25 and all actual publication fees and investigation fees must be
paid.
F. Once any license or permit is issued, no return of any payment shall be made
regardless of whether the license or permit is used for the entire year.
G. The fee for regular, provisional, and temporary operator's licenses shall be set by a
Resolution approved by the Common Council.
H. Regular operator's licenses issued under this Chapter shall expire biennially on June
30th of each year.
I. A provisional operator's license issued under this Chapter shall expire 60 days after
its issuance or when a regular operator's license is issued to the holder, whichever is
earlier. Provisional operator's licenses shall not be renewed.
J. Temporary operator's licenses issued under this Chapter shall be valid for any
period from one day to 14 days, and the period for which it is valid shall be stated on
the license.
§ 132-3 Background checks.
A. The city conducts a background check on every applicant. There is an additional fee
for the background check. If you have not lived in Wisconsin any time in the five
years before applying, you will be charged an additional amount for background
checks in each of those States.
B. Upon receipt of a license application under the provisions of this Chapter, the City
Clerk-Treasurer shall forward a copy of the application to the appropriate
Departments to conduct an investigation of the applicant(s) as set forth below.
C. All alcohol beverage licenses. The Police Department, Fire Department, Health
Department, and Building Inspector and other persons authorized may conduct an
investigation and inspection of the premises mentioned in the application, to
determine if the premises complies with all applicable regulations, ordinances, and
laws. The Police Department shall perform a driver's history and criminal record
check for all persons included in the application, both new and renewal.
D. In determining the suitability of an applicant, consideration shall be given to the
appropriateness of the location and premises where such licensed business is to be
conducted and the best interest of the City’s economic health and welfare.
§ 132-4 Premises license application.
A. Application for a license to sell or deal in alcohol beverages shall be made in writing
on the form prescribed by Section 125.04(3), Wisconsin Statutes, and shall be filed,
together with the cost of publication as provided by Resolution of the Common
Council with the City Clerk not less than fifteen (15) days prior to the granting of the
license. Applications for licenses to be issued under Sections 125.26(6) and
49
Ord. #1462 3
125.51(10), Wisconsin Statutes, (picnic) shall be filed with the City Clerk at least four
weeks before the event, unless the same event has been approved previously, but
even in those instances not less than five business days prior to the event.
B. Provisional Premises. The City Clerk is the official who grants or revokes a
provisional retail license.
C. Temporary Class “B” (Fermented Malt Beverage) and “Class B” (Wine) Picnic
License. The City Clerk-Treasurer or designee is authorized to issue temporary
Class "B" (picnic) beer licenses and temporary "Class B" (picnic) wine licenses
pursuant to Section 125.26(1) and 125.51(1)(a), Wis. Stats. The licenses may be
issued only to bona fide clubs and chambers of commerce, to county or local fair
associations or agricultural societies, to churches, lodges or societies that have been
in existence for at least six months before the date of application, and to posts of
veterans' organizations authorizing the sale of fermented malt beverages at a
particular picnic or similar gathering, at a meeting of the post, or during a fair
conducted by the fair association or agricultural society. The fee for such license
shall be established by the governing body, but may not exceed $10.
D. Timing for Premises Applications for “Class B” Licenses.
1. Applicants may apply for a “Class B” intoxicating liquor license no more than
ninety (90) days before occupancy and opening. Before this submittal should
occur, the applicant must discuss their proposed use with the Community
Development Department to ensure that said use is allowed in its proposed
location/zoning district. This subsection does not apply to temporary licenses
issued under Section 125.51(10), Wisconsin Statutes.
2. Upon the granting of a “Class B” intoxicating liquor license, the licensee shall
meet all conditions set forth in Chapter 125, Wisconsin Statutes, and the
Muskego Municipal Code and pay the license fee, prior to issuance of the
license, within ninety (90) days of filing the application with the City Clerk. Failure
to do so is grounds for revocation of the license. This provision does not apply to
premises where operation is delayed by construction lasting ninety (90) days or
more as verified by the inspection services department as provided in subsection
(D)(3) of this section.
3. Construction Time Delay.
a. For premises construction that will take more than ninety (90) days, an
applicant may, after receiving approval of its plan and method of operation
from the Common Council, apply for a “Class B” intoxicating liquor license.
The Common Council may grant the license with the condition that it will not
be issued until the applicant meets the qualifications set forth in Chapter 125,
Wisconsin Statutes, and the Muskego Municipal Code, pays the licensee fee,
receives an occupancy permit pursuant to Section 164-13, and receives Fire
Department approval. No application will be considered under this provision
unless it is accompanied by a construction timeline and the inspection
services department verifies the accuracy of the timeline. The construction
timeline shall include the time frame for installation of footings and foundation,
50
Ord. #1462 4
framing, roofing, plumbing and electrical systems, flooring, and fixtures, as
well as a projected date for the issuance of an occupancy permit.
b. No such license granted under subsection (3)(a) of this section may be
renewed unless the Inspection Services Department verifies, in its sole
discretion, that construction is occurring in a manner consistent with the
timeline submitted with the licensee’s initial application. If the Department
determines that construction is not occurring in a manner consistent with the
Code grounds shall exist for revocation or nonrenewal of the license.
c. If a license has been granted under subsection (3)(a) of this section, the
licensee shall meet all conditions set forth in Chapter 125, Wisconsin
Statutes, and the Muskego Municipal Code, obtain an occupancy permit,
receive approval from the Fire Department, and pay the license fee within
eighteen (18) months of the date of the initial granting of the license. Failure
to do so is grounds for revocation of the license. If the Common Council finds
that good cause exists, it may grant the licensee one extension of sixty (60)
days to meet the aforementioned qualifications upon written request of the
licensee filed with the clerk.
§ 132-5 Provisional retail licenses.
A. A provisional retail license may be issued only to a person who has applied for a
Class “A", Class “B", “Class A", “Class B", or “Class C" license and authorizes only
the activities that the type of retail license applied for authorizes.
B. A provisional retail license expires 60 days after its issuance or when the Class “A",
Class “B", “Class A", “Class B", or “Class C" license is issued to the holder,
whichever is sooner. The official who issued the provisional retail license may
revoke the license if he or she discovers that the holder of the license made a false
Statement on the application.
C. No person may hold more than one provisional retail license for each type of license
applied for by the holder per year.
§ 132-6 Restrictions on operation of licensed premises once license has been
granted.
A. The licensee shall conduct the sale of all alcohol products in conformance with
Chapters 125 and 139, Wisconsin Statutes.
B. Inspection and Search. Every applicant procuring a license thereby consents to the
entry of police or other duly authorized representatives of the city at all reasonable
hours for the purpose of inspection and search.
C. Safety and sanitation requirements. Each licensed premises shall be maintained and
conducted in a sanitary manner and shall be a safe and proper place for the purpose
being used..
51
Ord. #1462 5
D. Sale to intoxicated persons prohibited. No licensee, agent, operator, or server shall
sell, give, procure, or otherwise furnish any alcohol beverages to an intoxicated
person.
E. Underage persons. No licensee shall employ any underage person to serve, sell,
dispense, or give away an alcohol beverage unless authorized by State Law or the
general Codes of the Municipality. The current and future provisions of Section
125.10(2) and Section 125.07(4)(a), (b) or (bm), 125.085(3)(b) and 125.09(2), Wis.
Stats., are adopted and made a part of this section by reference. A violation of any
such provision shall constitute a violation of this section. Any future amendments,
revisions, modifications, or additions of the Statutes incorporated herein are
intended to be made part of this Chapter in order to secure uniform Statewide
regulation of alcohol beverages in this State.
F. Disorderly Conduct Prohibited.
1. Each licensed premises shall be conducted in an orderly manner and no
disorderly, riotous, or indecent conduct shall be allowed at any time on any
licensed premises.
2. It is unlawful for any licensee, or manager or agent of the licensee, to permit any
employee, entertainer, or patron to engage in or exhibit on the licensed premises
any adult entertainment which requires a license under Chapter 124 of the
general Code. Any licensee who violates the provisions of this subsection shall
be subject to liquor license suspension, revocation, or nonrenewal as provided by
Sections 125.10(1) and 125.12(1), Wisconsin Statutes.
G. Structural Alterations Prohibited Without Approval. No structural alteration which
creates an expansion of or changes to the licensed area shall be permitted without
approval of the Finance Committee and Common Council.
H. If a “Class B” intoxicating liquor license issued hereunder is not used within thirty
(30) days after its issuance or its usage is discontinued for a period of thirty (30)
days or more, such situation is grounds for revocation of the license.
I. No alcohol may be sold or served through a drive-thru window.
§ 132-7 Operator’s (bartender’s) license—Requirements.
A. Applicants for an operator’s license are required to complete an application on a
form provided by the Clerk’s office.
B. The City Clerk is directed to provide each applicant a copy of the standards the
Finance Committee and Common Council utilizes in granting licenses.
C. Operator’s Licenses.
1. Pursuant to Section 125.17(1), Wisconsin Statutes, the City Clerk may issue an
operator’s license for any applicant who is qualified under Section 125.04(5),
Wisconsin Statutes, and has not been charged, ticketed, cited, or arrested for
any violation of the violations enumerated in Section 111.335, Wisconsin
Statutes.
52
Ord. #1462 6
2. Operator’s licenses are valid for two years upon issuance, except that each
license shall be deemed to have been issued July 1st and shall expire on June
30th of the second year.
3. If the City Clerk denies the license due to a criminal conviction, the Clerk will
follow the procedure enumerated in Wis. Stat. Section 111.335(4)(c), by
describing how the criminal record relates to the particular licensed activity, and
allow the applicant to show evidence of rehabilitation and fitness to engage in the
activity. Pursuant to Wis. Stat. Section 111.335(4)(c)2. the City Clerk does not
need to furnish a written Statement if the criminal conviction is an exempt offense
as defined by Wis. Stat. Section 111.335(1m) or Wis. Stat. Section
111.335(4)(h).
4. If the City Clerk denies the license due to an incomplete application then the
applicant will be notified of the deficiency.
D. Provisional License.
1. The City Clerk is the official charged with issuing and revoking a provisional
operator’s license. A provisional license requires an additional fee.
2. Standards for provisional license:
a. The applicant has applied for an operator’s license;
b. No provisional operator’s license may be issued to a person who has been
previously denied or had an operator’s license revoked by the City Clerk or
Common Council in the twelve (12) months prior to applying for the
provisional license.
c. The applicant must provide evidence of completion or enrollment in
responsible beverage server course.
d. The applicant has a certified copy of a license issued by another municipality.
§ 132-8 Temporary licenses.
A. Authority to issue temporary operator's licenses. Temporary operator's licenses may
be granted to individuals by the City Clerk or Common Council pursuant to Section
125.17(4), Wis. Stats. for the purpose of allowing said individuals to dispense and
serve alcohol beverages under a license issued under Section 125.26(6) or
125.51(10), Wis. Stats. No person may hold more than two licenses of this kind per
year.
B. Granting of temporary operator's licenses. All requirements pertaining to
qualifications, investigation, and granting of a regular operator's license shall apply
to a temporary operator's license except that the applicant does not need to show
proof of completion or enrollment in a Responsible Beverage Server Course.
53
Ord. #1462 7
§ 132-9 Transfer of licenses.
A. The transfer of every alcohol beverage license shall be governed by Section
125.04(12), Wis. Stats.
B. No transfer of an operator's license is permitted.
C. If the transfer is approved by the Common Council pursuant to Section
125.04(12)(b)4, Wis. Stats., all conditions set forth under this Chapter shall be
complied with.
D. Failure to conform to the terms of license transfer shall be grounds for denial,
suspension, or revocation of license.
§ 132-10 Sales and use of fermented malt beverages and intoxicating liquor on
public property and parking lots prohibited.
A. No person shall consume or sell any alcohol beverage in or upon any of the
following, except as provided in subsection (C) of this section:
1. Any public street, alley, sidewalk, street crossing, bridge, public playground,
public park, or public parking lot unless approved by the designated City
personnel with such authority.
2. Any premises held out to the public for the use of their motor vehicles whether
such premises are publicly or privately owned. This shall include the parking lots
of all alcohol beverage licensees or permittees.
This prohibition shall not apply to community functions or events authorized by
the Mayor or designee.
B. All purchases of alcohol beverages by the glass or in open containers shall be
consumed on the licensed premises where served and shall not be removed to any
of the places described in subsection (A) of this section.
C. Regulation of Online Sales on Licensed Premises.
1. Definitions.
a. “Licensed operator” shall mean any person who is authorized to serve or sell
alcohol beverages, pursuant to Sections 125.32(2) and 125.68(2), Wisconsin
Statutes.
b. “Online” shall mean a website or application or any other electronic or
telecommunication means.
c. “Order pickup program” means the sale or transaction and the pickup or
delivery to a vehicle of an order for retail products, including food and
beverages, placed online at an establishment licensed under this Chapter.
54
Ord. #1462 8
2. No establishment shall allow alcohol beverages ordered online to be picked up
through an order pickup program without obtaining a license or premises
amendment as set forth herein.
3. Prior to initiating an order pickup program, all applicants shall file a detailed plan
of operation with the City Clerk for the order pickup program that is separate from
the plan and method of operation required under Chapter 400 of this Code
(Zoning). Current licensees shall file the plan with a request to amend their
premises description. New license applicants shall file the plan with their original
application. The plan of operation shall include:
a. A description in detail how the order pickup program will function;
b. A drawing of the entire premises to scale with the areas for the order pickup
program designated on the drawing along with their dimensions.
c. The licensee’s or applicant’s protocol and policies for assuring that underage
persons and intoxicated persons do not pick up alcohol ordered online;
d. The licensee’s or applicant’s information on the equipment, policies, and
protocols to ensure that licensed operators complete the sale and pickup;
e. Whether the licensee or applicant intends to hold tasting events in the order
pickup area;
f. The pickup hours; and
g. Whether the licensee or applicant intends to have a waiting period between
order time and pickup time.
4. All completed applications that meet the requirements of subsection (C)(3) of this
section shall be referred to the Finance Committee for consideration. Upon
considering the application, the Finance Committee shall inform the Muskego
Common Council of its recommendation, if any, in regard to the amendment or
application. The Common Council shall determine whether the application shall
be granted or denied. After approval of the application by the Common Council,
the City Clerk shall issue to the applicant an amended license or license, subject
to the requirements of this Chapter.
5. Any alteration, change, or addition to the application or plan of operation shall be
referred to the Finance Committee and approved by the Common Council. The
Common Council may change all or part of the plan of operation or may impose
additional requirements to address problems created by the licensee’s operation.
No licensee shall alter, change, or add to its application or plan of operation
without the Common Council’s approval.
6. All online order pickup programs involving alcohol beverages shall comply with
the following:
a. The sale shall be consummated in a face-to-face transaction on the licensed
premises, and payment may not be completed until the purchaser is at the
licensed premises.
55
Ord. #1462 9
b. A licensed operator employed by the alcohol beverage licensee shall verify
that the purchaser’s photo identification is valid and shows that the purchaser
is twenty-one (21) years of age or older.
c. The licensed establishment shall utilize a payment transaction system that
allows the alcohol beverage portion of the transaction to be denied without
affecting the sale of the remainder of items ordered online, if any.
d. The licensed establishment shall capture and retain an image of the vehicle
into which a pickup order involving the sale of alcohol beverages is being
loaded for thirty (30) days. Such images shall be made available to the
Muskego Police Department or another law enforcement agency upon
request.
e. The licensed establishment shall record and retain the following information
for thirty (30) days. Such information shall be made available to the Muskego
Police Department or another law enforcement agency upon request:
i.The name of the purchaser.
ii.The type of identification card presented and the number and
expiration date of that identification card.
iii.The purchaser’s date of birth.
iv.The license plate of the vehicle into which the order is loaded.
f. Order pickup shall be in accordance with closing hours pursuant to Sections
125.32(3)(b) and 125.68(4)(b), Wisconsin Statutes, respectively.
g. If the alcohol beverage purchaser is not the driver of the vehicle into which
the order is being loaded or delivered, the licensed operator shall verify the
driver is twenty-one (21) years of age or older.
h. The online order pickup area shall be clearly defined with visible markings,
signs and/or barriers.
i.The licensee and licensed operator shall comply with the provisions of
Chapter 125, Wisconsin Statutes, and the Muskego Municipal Code.
7. Penalty. Any licensee or person who violates any provision of this subsection
shall be subject to a forfeiture of not less than two hundred fifty dollars ($250.00),
nor more than one thousand dollars ($1,000.00), plus court costs and fees. Each
and every day during which a violation occurs constitutes a separate offense.
Licensees are also subject to suspension, revocation, or nonrenewal of their
alcohol beverage license or operator’s license.
Section 132-11 Suspension and revocation.
A violation of this Chapter by a duly authorized agent or employee of a licensee or
permit holder shall constitute a violation by the licensee or permit holder. Whenever
the holder of any license or permit under this Chapter shall violate any provision of
56
Ord. #1462 10
this Chapter, proceedings for the revocation or suspension of such license or permit
may be instituted in the manner and under the procedure established by Section
125.12, Wisconsin Statutes, and the provision therein relating to granting a new
license shall likewise be applicable.
Section 132-12 Severability.
If any section or provision of this Chapter shall be declared by a court of competent
jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the
specific section or portion thereof directly specified in the decision and shall not affect
the validity of any other provisions, sections, or portions thereof of this Chapter. The
remainder of the Chapter shall remain in full force and effect.
SECTION 2: The several sections of this Ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the Ordinance which shall
remain in full force and effect. Any other Ordinance whose terms are in conflict with the
provisions of this Ordinance is hereby repealed as to those terms that conflict.
SECTION 3: This Ordinance shall be in full force and effect from and after its passage
and publication.
PASSED AND APPROVED THIS DAY OF ________ 2021.
CITY OF MUSKEGO
_______________________________
Rick Petfalski, Mayor
First Reading: August 10, 2021
ATTEST:
______________________________
Clerk-Treasurer
Ordinance Published:
57
Council Date August 10, 2021
$916,442.84
Total Voucher Approval
$55,072.87
Total Water $55,072.87
35,269.07
Total Sewer $35,269.07
$
#1 - Utility Voucher Approval
Tax Vouchers - Refunds & Tax Settlements (Approve Separately)
$3,319.31
(
$
#2 - Tax Voucher Approval
$822,781.59
(
Total General Fund Vouchers $
#3 - General Voucher Approval
$
$
Debt Service $
$367,890.22
#4 - Wire Transfers Approval
Check #Amount Check #Amount
162061 10,267.78$
Total ***
Total 10,267.78 *Total ***
Sewer Wire Transfers
Total Vouchers All Funds
Utility Vouchers (Approve Separately)
Water Vouchers
Water Wire Transfers
Sewer Vouchers
822,781.59
Big Muskego Lake Vouchers
Development Fund Vouchers
Net Total Utility Vouchers 90,341.94
Tax Vouchers
Tax Void Checks
Total Tax Vouchers 3,319.31
Wire transfers (Approve Separately):
Payroll/Invoice Transmittals
Void Checks Since Last Report
Total General Fund Vouchers (Approve Separately)
General Fund Vouchers
General Fund Prior Council Correction
58
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1
Report dates: 7/28/2021-8/10/2021 Aug 05, 2021 11:03AM
Report Criteria:
Detail report.
Invoices with totals above $0 included.
Paid and unpaid invoices included.
[Report].Description = {<>} "1099 adjustment"
Invoice Detail.Type = {>} "adjustments"
[Report].Vendor Name = {<>} "KEIL ENTERPRISES"
[Report].Vendor Name = {OR} {IS NULL}
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
ABRAHAM'S ON-SITE SHREDDING SERVICE
0005973 1 Invoice PD SHREDDING 07/27/2021 08/10/2021 45.00 821 100.02.20.01.5723
0005973 2 Invoice CH SHREDDING 07/27/2021 08/10/2021 54.00 821 100.01.06.00.5701
Total ABRAHAM'S ON-SITE SHREDDING SERVICE:99.00
AFLAC GROUP INSURANCE
A163445300 1 Invoice SHORT TERM DISABILITY 07/31/2021 08/10/2021 1,412.28 721 100.00.00.00.2243
A163445300 2 Invoice ACCIDENT 07/31/2021 08/10/2021 317.00 721 100.00.00.00.2247
A163445300 3 Invoice CRITICAL ILLNESS 07/31/2021 08/10/2021 57.64 721 100.00.00.00.2248
Total AFLAC GROUP INSURANCE:1,786.92
ALLIANCE ELECTRICAL CONTRACTORS INC
20210620 1 Invoice REFUND OVERPAYMENT 07/22/2021 08/10/2021 102.84 721 100.02.25.00.4250
Total ALLIANCE ELECTRICAL CONTRACTORS INC:102.84
AM TOWING
047657 1 Invoice TOWHOOK 08/03/2021 08/10/2021 222.00 821 100.02.20.01.5722
Total AM TOWING:222.00
AMAZON CAPITAL SERVICES
1CMR-K1NK-1 1 Invoice PORTABLE EXTERNAL HARD DRI 07/25/2021 08/10/2021 47.02 821 100.02.20.01.5722
1K9Q-JTDW-9 1 Invoice PORTABLE EXTERNAL HARD DRI 08/01/2021 08/10/2021 64.99 821 100.02.20.01.5722
1LTP-9JXP-69 1 Invoice HP ALL-IN-ONE PC 07/28/2021 08/10/2021 1,221.99 721 100.07.01.06.6502
1TV9-GX6N-Q 1 Invoice 3-RING BINDERS 07/31/2021 08/10/2021 25.27 821 100.02.20.01.5701
1WTM-7CYT-G 1 Invoice PORTABLE EXTERNAL HARD DRI 07/20/2021 08/10/2021 59.99 821 100.02.20.01.5722
Total AMAZON CAPITAL SERVICES:1,419.26
AMERICAN STATE EQUIP INC
P80701 1 Invoice PARTS 07/22/2021 08/10/2021 107.43 821 100.04.51.07.5405
P80798 1 Invoice PARTS 07/27/2021 08/10/2021 1,046.85 821 100.04.51.07.5405
Total AMERICAN STATE EQUIP INC:1,154.28
ANDY KRAATZ OVERHEAD DOORS, LLC
2402 1 Invoice SEWER 08/09/2021 08/10/2021 100.00 821 601.61.61.15.5415
Total ANDY KRAATZ OVERHEAD DOORS, LLC:100.00
ASSOCIATION OF PUBLIC TREASURERS
23976 1 Invoice MEMBRSHIP RENEWAL 08/01/2021 08/10/2021 199.00 821 100.01.03.00.5305
Total ASSOCIATION OF PUBLIC TREASURERS:199.00
59
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2
Report dates: 7/28/2021-8/10/2021 Aug 05, 2021 11:03AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
AT & T
2747075607 1 Invoice MONTHLY PRI-07/19/2021 08/10/2021 776.50 721 100.01.06.00.5601
Total AT & T:776.50
BAKER & TAYLOR COMPANY
2036087171 1 Invoice PRINT 07/15/2021 08/10/2021 322.29 821 100.05.71.01.5711
2036092401 1 Invoice PRINT 07/19/2021 08/10/2021 3,896.39 821 100.05.71.01.5711
Total BAKER & TAYLOR COMPANY:4,218.68
BAKER & TAYLOR ENTERTAINMENT
H56152160 1 Invoice AV 07/13/2021 08/10/2021 124.47 821 100.05.71.02.5711
H56152161 1 Invoice AV 07/13/2021 08/10/2021 89.95 821 100.05.71.02.5711
H56162250 1 Invoice AV 07/13/2021 08/10/2021 43.18 821 100.05.71.02.5711
H56178300 1 Invoice AV 07/14/2021 08/10/2021 51.11 821 100.05.71.02.5711
H56187320 1 Invoice AV 07/14/2021 08/10/2021 53.99 821 100.05.71.02.5711
H56210640 1 Invoice AV 07/16/2021 08/10/2021 68.37 821 100.05.71.02.5711
H56229730 1 Invoice AV 07/19/2021 08/10/2021 186.30 821 100.05.71.02.5711
H56251400 1 Invoice AV 07/19/2021 08/10/2021 10.79 821 100.05.71.02.5711
H56251540 1 Invoice AV 07/19/2021 08/10/2021 10.79 821 100.05.71.02.5711
H56263700 1 Invoice AV 07/20/2021 08/10/2021 138.89 821 100.05.71.02.5711
H56263701 1 Invoice AV 07/20/2021 08/10/2021 7.91 821 100.05.71.02.5711
H56263702 1 Invoice AV 07/20/2021 08/10/2021 17.99 821 100.05.71.02.5711
H56278100 1 Invoice AV 07/20/2021 08/10/2021 21.56 821 100.05.71.02.5711
H56280120 1 Invoice AV 07/20/2021 08/10/2021 10.79 821 100.05.71.02.5711
H56297190 1 Invoice AV 07/21/2021 08/10/2021 89.10 821 100.05.71.02.5711
Total BAKER & TAYLOR ENTERTAINMENT:925.19
BUTTERS-FETTERING CO, INC
20210536 1 Invoice REFUND OVERPAYMENT 07/28/2021 08/10/2021 647.00 721 100.02.25.00.4250
Total BUTTERS-FETTERING CO, INC:647.00
CDW GOVERNMENT, INC
G967315 1 Invoice COMP REPLACEMENT 07/15/2021 08/10/2021 1,860.00 721 100.07.01.06.6501
H182639 1 Invoice COMP REPLACEMENT 07/21/2021 08/10/2021 5,580.00 721 100.07.01.06.6501
Total CDW GOVERNMENT, INC:7,440.00
CEN-PE CO
CE081021 1 Invoice DEISEL MAX 07/19/2021 08/10/2021 240.00 821 100.04.51.07.5735
Total CEN-PE CO:240.00
CITY PRESS, INC
202094 1 Invoice REPORT ROUTING FORM 07/15/2021 08/10/2021 142.74 821 100.02.20.01.5723
Total CITY PRESS, INC:142.74
COLOSSAL FOSSILS INC
CF2021-025 1 Invoice COLOSSAL FOSSIL 07/01/2021 08/10/2021 505.00 821 100.05.71.00.6062
Total COLOSSAL FOSSILS INC:505.00
COMPLETE OFFICE OF WIS
133040 1 Invoice SIGNATURE STAMP 07/23/2021 08/10/2021 40.80 721 100.01.08.00.5701
60
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3
Report dates: 7/28/2021-8/10/2021 Aug 05, 2021 11:03AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
135289 1 Invoice FIN SUPPLIES 07/28/2021 08/10/2021 67.35 721 100.01.03.00.5701
135855 1 Invoice FIN SUPPLIES 07/28/2021 08/10/2021 29.12 721 100.01.03.00.5701
Total COMPLETE OFFICE OF WIS:137.27
CORE & MAIN LP
P210830 1 Invoice DRAIN PIPE 07/23/2021 08/10/2021 551.99 821 100.04.51.04.5745
Total CORE & MAIN LP:551.99
CUMMINS SALES AND SERVICE
F6-12301 1 Invoice GENERATOR L/S 07/15/2021 08/10/2021 137.92 821 601.61.61.16.5411
Total CUMMINS SALES AND SERVICE:137.92
D & S FARMS
DS081021 1 Invoice STRAW BALES 07/13/2021 08/10/2021 1,445.00 821 100.04.51.04.5744
Total D & S FARMS:1,445.00
DEEPNET SECURITY
10094526 1 Invoice SAFE ID CLASSIC 06/28/2021 08/10/2021 999.00 721 100.02.20.01.5504
Total DEEPNET SECURITY:999.00
DIVERSIFIED BENEFIT SERV INC.
333951 1 Invoice AUGUST HRA HEALTH REIMBURS 08/03/2021 08/10/2021 411.34 821 100.01.06.00.5203
Total DIVERSIFIED BENEFIT SERV INC.:411.34
EAGLE MEDIA, INC.
00132995 1 Invoice POLO - JOHNSON 07/28/2021 08/10/2021 59.96 821 100.02.20.10.5151
Total EAGLE MEDIA, INC.:59.96
ELM USA, INC.
41270 1 Invoice PADS FOR DISC CLEANER 07/21/2021 08/10/2021 174.49 821 100.05.71.00.5702
Total ELM USA, INC.:174.49
FAIRCHILD EQUIPMENT
K83292 1 Invoice FORKLIFT 08/04/2021 08/10/2021 101.45 821 100.04.51.07.5405
Total FAIRCHILD EQUIPMENT:101.45
FASTENAL COMPANY
WIMUK88699 1 Invoice FACE MASKS, SCREENS RESTRO 07/20/2021 08/10/2021 91.96 821 100.04.51.11.5415
Total FASTENAL COMPANY:91.96
FERGUSON WATERWORKS #1476
0327423 1 Invoice WATER METERS 07/14/2021 08/10/2021 35,464.50 821 605.54.06.53.5702
Total FERGUSON WATERWORKS #1476:35,464.50
FRANKLIN AGGREGATES, INC.
1749746 1 Invoice 1 1/4 COMMERCIAL GRADE 07/15/2021 08/10/2021 684.46 821 100.04.51.02.5741
61
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4
Report dates: 7/28/2021-8/10/2021 Aug 05, 2021 11:03AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total FRANKLIN AGGREGATES, INC.:684.46
GALLS, LLC,-DBA RED THE UNIFORM TAILOR
BC1386818 1 Invoice WOMENS SHORT SLEEVE ARMOR 06/24/2021 08/10/2021 94.00 821 100.02.20.01.5151
Total GALLS, LLC,-DBA RED THE UNIFORM TAILOR:94.00
GFL ENVIRONMENTAL
U80000059891 1 Invoice REFUSE 07/20/2021 08/10/2021 59,460.73 721 205.03.30.00.5820
U80000059891 2 Invoice RECYCLING 07/20/2021 08/10/2021 39,987.30 721 205.03.00.00.5820
U80000059891 3 Invoice YARD WASTE 07/20/2021 08/10/2021 1,166.67 721 205.03.00.00.6056
U80000066775 1 Invoice PARK ARTHUR - 2ND DUMPSTER 07/20/2021 08/10/2021 100.00 821 100.04.51.11.5820
Total GFL ENVIRONMENTAL:100,714.70
GRAEF INC
0116161 1 Invoice PROF SERVICES - MUSKEGO-ENE 07/14/2021 08/10/2021 610.00 721 507.00.00.00.2755
0116438 1 Invoice WATER UTILITY 07/30/2021 08/10/2021 5,522.30 821 605.56.09.23.5815
0116439 1 Invoice PROF SERVICES - GEN ENGINEE 07/30/2021 08/10/2021 2,407.72 821 100.04.19.00.5815
0116440 1 Invoice PROF SERVICES - DAM INSPECTI 07/30/2021 08/10/2021 315.00 821 100.04.51.09.5744
0116441 1 Invoice PROF SERVICES - MUSKEGO LAK 07/30/2021 08/10/2021 1,109.22 821 507.00.00.00.2761
Total GRAEF INC:9,964.24
GRAY'S INC.
37049 1 Invoice FDB MT BOLT ON AND SPL 07/20/2021 08/10/2021 958.26 821 100.04.51.07.5405
Total GRAY'S INC.:958.26
HAWKINS, INC.
4990252 1 Invoice AZONE 15 07/22/2021 08/10/2021 840.08 821 601.61.61.12.5750
4990252 2 Invoice AZONE 15 07/22/2021 08/10/2021 840.09 821 605.53.06.31.5702
Total HAWKINS, INC.:1,680.17
HEARTLAND BUSINESS SYSTEMS
456467-H 1 Invoice CONSULANT BLOCK OF TIME 07/21/2021 08/10/2021 2,500.00 721 100.01.14.00.5840
Total HEARTLAND BUSINESS SYSTEMS:2,500.00
HID GLOBAL CORPORATION
13402005518 1 Invoice CMT ADVANTAGE MAINTENANCE 07/28/2021 08/10/2021 2,063.04 821 100.02.20.01.5504
Total HID GLOBAL CORPORATION:2,063.04
HILLER FORD INC
469233 1 Invoice DPW VEHICLE MAINTENANCE 07/07/2021 08/10/2021 1,224.76 821 100.04.51.07.5405
Total HILLER FORD INC:1,224.76
HUMPHREY SERVICE PARTS
1246788 1 Invoice TRUCK #11 07/16/2021 08/10/2021 159.32 821 100.04.51.07.5405
Total HUMPHREY SERVICE PARTS:159.32
JAMES IMAGING SYSTEMS INC
1091668 1 Invoice COPIER CHARGES 07/20/2021 08/10/2021 67.07 821 100.04.51.01.5701
62
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5
Report dates: 7/28/2021-8/10/2021 Aug 05, 2021 11:03AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
1091668 2 Invoice COPIER CHARGES 07/20/2021 08/10/2021 33.53 821 605.56.09.21.5401
1091668 3 Invoice COPIER CHARGES 07/20/2021 08/10/2021 33.53 821 601.61.63.42.5701
Total JAMES IMAGING SYSTEMS INC:134.13
JANI-KING INC- MILW REGION
MIL08210116 1 Invoice CITY HALL-AUGUST 08/01/2021 08/10/2021 2,404.00 721 100.01.09.00.5835
MIL08210116 2 Invoice POLICE-AUGUST 08/01/2021 08/10/2021 2,500.00 721 100.02.20.01.5835
MIL08210116 3 Invoice LIBRARY-AUGUST 08/01/2021 08/10/2021 3,125.00 721 100.05.71.00.5835
MIL08210116 4 Invoice OLD TOWN HALL-AUGUST 08/01/2021 08/10/2021 381.00 721 100.05.72.03.5820
MIL08210116 5 Invoice PUBLIC WORKS//MERCURY-AUGU 08/01/2021 08/10/2021 437.90 721 100.04.51.08.5415
MIL08210116 6 Invoice PUBLIC WORKS//MERCURY-AUGU 08/01/2021 08/10/2021 175.55 721 601.61.61.15.5415
MIL08210116 7 Invoice PUBLIC WORKS//MERCURY-AUGU 08/01/2021 08/10/2021 175.55 721 605.54.06.41.5702
MIL08210116 8 Invoice PUBLIC WORKS/APOLLO-AUGUST 08/01/2021 08/10/2021 175.94 721 100.04.51.08.5415
MIL08210116 9 Invoice PUBLIC WORKS/APOLLO-AUGUST 08/01/2021 08/10/2021 70.53 721 605.54.06.41.5702
MIL08210116 10 Invoice PUBLIC WORKS/APOLLO-AUGUST 08/01/2021 08/10/2021 70.53 721 601.61.61.15.5415
MIL08210571 1 Invoice MONTHLY PARK CLEANING 08/02/2021 08/10/2021 2,000.00 821 100.04.51.11.5820
Total JANI-KING INC- MILW REGION:11,516.00
JM BRENNAN, INC.
SALES000131 1 Invoice REPLACE TRANSFORMER 06/30/2021 08/10/2021 2,065.20 821 100.05.71.00.5415
SALES000131 1 Invoice REPAIR AC REFRIGERATION LEA 07/22/2021 08/10/2021 4,605.48 821 100.05.71.00.5415
Total JM BRENNAN, INC.:6,670.68
JOHN PAUL'S
220-2163CR 1 Invoice 10-21 4-PNW673251 10/31/2020 08/10/2021 32.14-821 100.02.20.01.5405
735405 1 Invoice ROTORS & PADS SQUAD 12 07/20/2021 08/10/2021 742.84 821 100.02.20.01.5405
Total JOHN PAUL'S:710.70
JSA ENVIRONMENTAL, INC.
2879 1 Invoice LANDFILL AUDIT - JULY 2021 08/04/2021 08/10/2021 2,448.93 821 210.03.00.00.5816
Total JSA ENVIRONMENTAL, INC.:2,448.93
KETTLE MORAINE LAND STEWARDS
22021 1 Invoice JUNE/JULY WORK 07/28/2021 08/10/2021 1,265.00 721 215.06.00.00.6009
Total KETTLE MORAINE LAND STEWARDS:1,265.00
KIDS KAMPUS 2
21-003976 1 Invoice COURT ORDERED RESTITUTION 07/23/2021 08/10/2021 787.00 721 100.01.08.00.4269
Total KIDS KAMPUS 2:787.00
LANG, LUANN
LA081021 1 Invoice BLOOD DRIVE SUPPLIES 08/04/2021 08/10/2021 43.47 821 100.03.22.00.5704
Total LANG, LUANN:43.47
LANGHAMMER-DOLESHAL, KRISTEN
20-10648 1 Invoice COURT ORDERED REDSITUTION 07/23/2021 08/10/2021 100.00 721 100.01.08.00.4269
Total LANGHAMMER-DOLESHAL, KRISTEN:100.00
63
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6
Report dates: 7/28/2021-8/10/2021 Aug 05, 2021 11:03AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
LAWSON PRODUCTS, INC.
9308621861 1 Invoice VEHICLE MAINTENANCE 07/15/2021 08/10/2021 473.11 821 100.04.51.07.5405
Total LAWSON PRODUCTS, INC.:473.11
LERETA LLC
2201989001 1 Invoice TAX REFUNF #114 07/20/2021 08/10/2021 1,419.00 721 501.00.00.00.2120
Total LERETA LLC:1,419.00
LINCOLN CONTRACTORS SUPPLY INC
N45242 1 Invoice HOSES 06/29/2021 08/10/2021 34.68 821 100.04.51.04.5745
Total LINCOLN CONTRACTORS SUPPLY INC:34.68
MADIA, JOSEPH
19-23645 1 Invoice COURT ORDERED RESTITUTION 07/23/2021 08/10/2021 500.00 721 100.01.08.00.4269
Total MADIA, JOSEPH:500.00
MICROMARKETING LLC
856130 1 Invoice AV 07/13/2021 08/10/2021 99.78 821 100.05.71.02.5711
Total MICROMARKETING LLC:99.78
MIDWEST TAPE
500704976 1 Invoice AV 07/12/2021 08/10/2021 39.99 821 100.05.71.02.5711
Total MIDWEST TAPE:39.99
MISS BECKY LLC
715 1 Invoice ZUMBINI SUMMER CLASS & CD/B 07/21/2021 08/10/2021 60.00 721 100.05.72.13.5110
720 1 Invoice SUMMER DANCE INSTR 08/02/2021 08/10/2021 918.75 821 100.05.72.13.5110
Total MISS BECKY LLC:978.75
MKE DESIGN BUILD
MUSK LIB-1 1 Invoice YA DESIGN 07/29/2021 08/10/2021 830.00 821 410.08.90.71.6513
Total MKE DESIGN BUILD:830.00
MUSKEGO LAKES MIDDLE SCHOOL
21-7302 1 Invoice COURT ORDERED RESTITUTION 07/27/2021 08/10/2021 2,950.00 721 100.01.08.00.4269
Total MUSKEGO LAKES MIDDLE SCHOOL:2,950.00
NELSON SYSTEMS INCORPORATED
101808 1 Invoice SUPPORT SERVICE 07/20/2021 08/10/2021 3,408.94 821 100.02.20.01.5504
Total NELSON SYSTEMS INCORPORATED:3,408.94
NORD CONSTRUCTION LLC
331-21 1 Invoice KAYAK LAUNCE IDLE ISLE 07/26/2021 08/10/2021 3,338.00 821 202.08.94.74.6528
Total NORD CONSTRUCTION LLC:3,338.00
OLSON'S OUTDOOR POWER
163403 1 Invoice GRAVELY 07/12/2021 08/10/2021 99.95 821 100.04.51.11.5405
64
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7
Report dates: 7/28/2021-8/10/2021 Aug 05, 2021 11:03AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
163888 1 Invoice GRAVELY 07/23/2021 08/10/2021 52.73 821 100.04.51.11.5405
Total OLSON'S OUTDOOR POWER:152.68
O'REILLY AUTOMOTIVE, INC.
3853-300548 1 Invoice GEORGE VAN 07/19/2021 08/10/2021 120.27 821 100.01.09.00.5405
Total O'REILLY AUTOMOTIVE, INC.:120.27
PAGEFREEZER SOFTWARE, INC.
INV-10048 1 Invoice SOCIAL MEDIA / VIDEO ARCHIVIN 07/28/2021 08/10/2021 840.00 721 100.07.01.06.6504
Total PAGEFREEZER SOFTWARE, INC.:840.00
PAYNE & DOLAN OF WISCONSIN
1751657 1 Invoice ASPHALT 07/22/2021 08/10/2021 601.43 821 100.04.51.02.5740
1751658 1 Invoice ASPHALT 07/22/2021 08/10/2021 530.82 821 100.04.51.02.5740
1753262 1 Invoice ASPHALT 07/29/2021 08/10/2021 540.57 821 100.04.51.02.5740
1753263 1 Invoice ASPHALT 07/29/2021 08/10/2021 2,082.52 821 100.04.51.02.5740
2020-0920 24 1 Invoice 2021 ROAD PROGRAM 07/14/2021 08/10/2021 431,483.76 821 100.07.51.02.6502
Total PAYNE & DOLAN OF WISCONSIN:435,239.10
POSTMASTER OF MUSKEGO
PO81021 1 Invoice CITY NEWSLETTER MAILING 07/29/2021 08/10/2021 1,806.53 721 100.01.06.00.5710
Total POSTMASTER OF MUSKEGO:1,806.53
PROHEALTH CARE
308948 1 Invoice PATTERSON 07/01/2021 08/10/2021 103.00 821 100.02.20.01.5845
Total PROHEALTH CARE:103.00
QUALITY AWARDS LLC
30786 1 Invoice ENGRAVED PLATES 07/20/2021 08/10/2021 56.00 721 100.01.08.00.5702
Total QUALITY AWARDS LLC:56.00
RCN TECHNOLOGIES
123448143 1 Invoice ROUTERS ETC 07/27/2021 08/10/2021 1,849.94 721 605.00.00.00.1961
Total RCN TECHNOLOGIES:1,849.94
RINDERLE TIRE INC.
140817 1 Invoice TIRE REPAIR 07/13/2021 08/10/2021 100.00 821 100.04.51.07.5735
Total RINDERLE TIRE INC.:100.00
ROZMAN TRUE VALUE/CH
21990/114715 1 Invoice CITY HALL MAINTENANCE 07/25/2021 08/10/2021 8.08 721 100.01.09.00.5415
Total ROZMAN TRUE VALUE/CH:8.08
ROZMAN TRUE VALUE/PD
23755/081021 1 Invoice UPS CHARGES 07/25/2021 08/10/2021 38.40 821 100.02.20.01.5722
Total ROZMAN TRUE VALUE/PD:38.40
65
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8
Report dates: 7/28/2021-8/10/2021 Aug 05, 2021 11:03AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
ROZMAN TRUE VALUE/UT
25000/081021 1 Invoice SHOP 07/25/2021 08/10/2021 108.01 821 601.61.61.15.5415
25000/081021 2 Invoice WELLS 07/25/2021 08/10/2021 43.53 821 605.51.06.02.5702
Total ROZMAN TRUE VALUE/UT:151.54
RUEKERT & MIELKE INC
137259 1 Invoice SCADA SERVICE - 5/22-6/18/21 07/13/2021 08/10/2021 46.00 821 601.61.63.42.5430
137259 2 Invoice SCADA SERVICE - 5/22-6/18/21 07/13/2021 08/10/2021 46.00 821 605.56.09.23.5620
Total RUEKERT & MIELKE INC:92.00
RUNDLE-SPENCE
S2950035.002 1 Invoice CULVERT PIPE 07/14/2021 08/10/2021 67.45 821 100.04.51.04.5745
S2952008.001 1 Invoice CUILVERT PARTS 07/13/2021 08/10/2021 64.75 821 100.04.51.04.5745
Total RUNDLE-SPENCE :132.20
SAFEWAY PEST MANAGEMENT INC.
664798 1 Invoice PEST CONTROL OLD PD 07/19/2021 08/10/2021 38.00 721 100.02.20.01.5415
664799 1 Invoice JUL21 [EST CONTROL 07/19/2021 08/10/2021 35.00 821 100.05.71.00.5415
664800 1 Invoice PEST CONTROL-CH 07/20/2021 08/10/2021 40.00 721 100.01.09.00.5415
665924 1 Invoice PEST CONTROL-PD 07/19/2021 08/10/2021 45.00 721 100.02.20.01.5415
Total SAFEWAY PEST MANAGEMENT INC.:158.00
SARTORIUS, JEFF
SA/072921 1 Invoice NNO-PETTY CASH 07/28/2021 08/10/2021 900.00 721 505.00.00.00.2638
Total SARTORIUS, JEFF:900.00
SERVICE SANITATION WISCONSIN INC
8221237-40 1 Invoice LAUNCH PORTABLE SITES AUGU 08/01/2021 08/10/2021 370.00 821 100.04.51.11.5820
8221243-44 1 Invoice CONSERVATION SITE PORTABLE 08/01/2021 08/10/2021 170.00 821 215.06.00.00.5801
8221245-49 1 Invoice PARK SITE PORTABLES AUGUST 08/01/2021 08/10/2021 510.00 821 100.04.51.11.5820
Total SERVICE SANITATION WISCONSIN INC:1,050.00
SHERWIN-WILLIAMS CO.
3497-5 1 Invoice SEWER I&I REDUCTION 07/20/2021 08/10/2021 590.00 821 601.61.61.16.5427
Total SHERWIN-WILLIAMS CO.:590.00
SMUKOWSKI-SOBCZAK, SHIRLEY
2167027002 1 Invoice TAX REFUND #122 - 2167.027.002 08/02/2021 08/10/2021 1,900.31 821 501.00.00.00.2120
Total SMUKOWSKI-SOBCZAK, SHIRLEY:1,900.31
SOMAR TEK LLC/ ENTERPRISES
102376 1 Invoice BADGE/ID HOLDER 08/02/2021 08/10/2021 225.00 821 100.02.20.01.5151
102378 1 Invoice CAPT BARS 08/02/2021 08/10/2021 13.89 821 100.02.20.01.5151
102380 1 Invoice BATTERY STINGER 08/03/2021 08/10/2021 22.99 821 100.02.20.01.5151
Total SOMAR TEK LLC/ ENTERPRISES:261.88
SPECTRUM
043858401/081 1 Invoice CABLE BOXES 07/17/2021 08/10/2021 25.65 721 100.02.20.01.5415
66
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9
Report dates: 7/28/2021-8/10/2021 Aug 05, 2021 11:03AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total SPECTRUM:25.65
STREICHER'S
I1514491 1 Invoice AMMO 07/21/2021 08/10/2021 348.00 821 100.02.20.01.5720
Total STREICHER'S:348.00
SUPERIOR CHEMICAL
308032 1 Invoice NORTH WOODS 07/15/2021 08/10/2021 367.99 821 100.04.51.08.5415
Total SUPERIOR CHEMICAL:367.99
TAPCO INC.
I703477 1 Invoice PARKFOLIO HOSTING FEE 07/28/2021 08/10/2021 100.00 821 100.04.51.11.5820
Total TAPCO INC.:100.00
TERRA-FIRMA LANDSCAPE, INC
TE/081021 1 Invoice LAKE ACCESS #9 07/28/2021 08/10/2021 23,686.50 821 601.65.00.00.6514
Total TERRA-FIRMA LANDSCAPE, INC:23,686.50
TESS CORNERS VOL FIRE DEPT
TC081021 1 Invoice 3RD QTR 2021 CONTRACT PAYME 08/03/2021 08/10/2021 124,513.00 821 100.02.21.00.5850
Total TESS CORNERS VOL FIRE DEPT:124,513.00
THE ALSTAR CO LLC
22885 1 Invoice BATTERY TRUCK 23 07/27/2021 08/10/2021 162.90 821 605.56.09.33.5405
Total THE ALSTAR CO LLC:162.90
THE HAPPY MOWER
2213 1 Invoice LAWN MOWING/WEEDS MONTHLY 08/01/2021 08/10/2021 7,250.00 821 100.04.51.11.5820
2213 2 Invoice MEDIANS/BOULEVARDS MONTHL 08/01/2021 08/10/2021 10,416.67 821 100.01.06.00.5820
Total THE HAPPY MOWER:17,666.67
TIME WARNER CABLE
717807501072 1 Invoice MONTHLY FIBER CONNECTION 07/25/2021 08/10/2021 1,620.00 821 100.01.14.00.5507
722585501072 1 Invoice PD-TV-911 07/24/2021 08/10/2021 203.75 821 100.02.20.01.5604
Total TIME WARNER CABLE:1,823.75
TRANSUNION RISK & ALTERNATIVE
911461/081021 1 Invoice REVERSE LOOKUP INVESTIGATIO 08/01/2021 08/10/2021 75.00 821 100.02.20.01.5722
Total TRANSUNION RISK & ALTERNATIVE:75.00
TYLER TECHNOLOGIES, INC
060-112496 1 Invoice ASSESSMENT SERVICES 07/09/2021 08/10/2021 6,422.42 821 100.01.04.00.5801
060-112497 1 Invoice ASSESSMENT REVAL 07/09/2021 08/10/2021 3,378.95 821 100.01.04.00.5830
Total TYLER TECHNOLOGIES, INC:9,801.37
US ALLIANCE FIRE PROTECTION
1046-F056802 1 Invoice MAY 21 QTRWET/ DRY SPRINKLE 05/27/2021 08/10/2021 190.00 721 100.01.09.00.5415
67
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 10
Report dates: 7/28/2021-8/10/2021 Aug 05, 2021 11:03AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
1046-F060031 1 Invoice FIX LEAKING PIPE 07/22/2021 08/10/2021 2,117.00 821 100.05.71.00.5415
Total US ALLIANCE FIRE PROTECTION:2,307.00
WAL-MART
1636694309 1 Invoice PLAYGROUND SUPPLIES 07/19/2021 08/10/2021 140.93 721 100.05.72.16.5702
1636694309 2 Invoice CONCESSIONS 07/19/2021 08/10/2021 410.87 721 100.05.72.19.5702
17-5830 1 Invoice COURT ORDERED RESTITUTION 07/23/2021 08/10/2021 67.13 721 100.01.08.00.4269
Total WAL-MART:618.93
WAUKESHA CO SHERIFF'S DEPT
20514 1 Invoice WARRANT - PATRICK HENRY 07/28/2021 08/10/2021 110.00 721 100.01.08.00.4272
Total WAUKESHA CO SHERIFF'S DEPT:110.00
WAUKESHA COUNTY TECH COLLEGE
S0747524 1 Invoice K-9 MAINTENANCE TRAINING 07/26/2021 08/10/2021 32.70 821 100.02.20.01.5301
Total WAUKESHA COUNTY TECH COLLEGE:32.70
WAUKESHA COUNTY TREASURER
2021-1008002 1 Invoice MUSKEGO PARK - TREE CLIMBIN 07/20/2021 08/10/2021 259.00 721 100.05.72.18.5110
WA081021 1 Invoice COUNTY JAIL SURCHARGES-JULY 07/31/2021 08/10/2021 1,626.12 821 100.01.08.00.4269
WA081021 2 Invoice DRIVER SURCHARGE JULY 07/31/2021 08/10/2021 1,312.80 821 100.01.08.00.4269
WA081021 3 Invoice INTERLOCK SURCHARGE JULY 07/31/2021 08/10/2021 150.00 821 100.01.08.00.4269
Total WAUKESHA COUNTY TREASURER:3,347.92
WAUKESHA LIME & STONE
1752804 1 Invoice #1 STONE 07/29/2021 08/10/2021 355.41 821 100.04.51.02.5741
Total WAUKESHA LIME & STONE:355.41
WE ENERGIES
3794237865 1 Invoice SALT SHED SUBPANEL 07/27/2021 08/10/2021 17.33 821 100.04.51.08.5910
3795392381 1 Invoice LS GROUP 07/27/2021 08/10/2021 879.02 821 601.61.61.20.5910
3795395991 1 Invoice RANGE ELECTRICITY 07/27/2021 08/10/2021 23.31 821 100.02.20.01.6023
3799106814 1 Invoice LS GROUP 07/29/2021 08/10/2021 6,205.44 821 601.61.61.20.5910
3799801357 1 Invoice WATER/25%07/30/2021 08/10/2021 653.80 821 605.56.09.21.5910
3799801357 2 Invoice CITY GARAGE/50%07/30/2021 08/10/2021 1,307.60 821 100.04.51.08.5910
3799801357 3 Invoice CH 47%07/30/2021 08/10/2021 4,294.92 821 100.01.09.00.5910
3799801357 4 Invoice SEWER/25%07/30/2021 08/10/2021 653.80 821 601.61.61.20.5910
3799801357 5 Invoice PD/53%07/30/2021 08/10/2021 4,843.21 821 100.02.20.01.5910
3799801490 1 Invoice LIBRARY 07/30/2021 08/10/2021 4,156.15 821 100.05.71.00.5910
3799801490 2 Invoice AREA LIGHTING ACCT 07/30/2021 08/10/2021 226.90 821 100.04.51.11.5910
3799801490 3 Invoice HIST TOWN HALL 07/30/2021 08/10/2021 575.24 821 100.04.51.11.5910
3799802853 1 Invoice PD/53%07/30/2021 08/10/2021 534.11 821 100.02.20.01.5910
3799802853 2 Invoice CH 47%07/30/2021 08/10/2021 473.65 821 100.01.09.00.5910
3799802853 3 Invoice GARAGE/50%07/30/2021 08/10/2021 20.38 821 100.04.51.08.5910
3799802853 4 Invoice SEWER/25%07/30/2021 08/10/2021 10.19 821 601.61.61.20.5910
3799802853 5 Invoice WATER/25%07/30/2021 08/10/2021 10.19 821 605.56.09.21.5910
3799803007 1 Invoice GAS/ELECTRIC FOR PUMPS/WEL 07/30/2021 08/10/2021 8,467.51 821 605.52.06.22.5910
Total WE ENERGIES:33,352.75
WISCONSIN BUILDING INSPECTION, LLP
202 1 Invoice JULY INSPECTION SERVICES 08/03/2021 08/10/2021 17,087.12 821 100.02.25.00.5820
68
CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 11
Report dates: 7/28/2021-8/10/2021 Aug 05, 2021 11:03AM
Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number
Total WISCONSIN BUILDING INSPECTION, LLP:17,087.12
WISCONSIN DEPT OF ADMIN
WI-JULY 2021 1 Invoice COURT FEES-JULY2021 07/31/2021 08/10/2021 13,659.85 821 100.01.08.00.4269
Total WISCONSIN DEPT OF ADMIN:13,659.85
WISCONSIN DEPT OF JUSTICE - CIB
L6806T/08102 1 Invoice RECORD NAME SEARCHES 07/31/2021 08/10/2021 273.00 821 100.01.06.00.6002
Total WISCONSIN DEPT OF JUSTICE - CIB:273.00
WONDERWARE MIDWEST
INV23582 1 Invoice SUPPORT RENEWAL 08/04/2021 08/10/2021 1,732.50 821 601.61.63.42.5509
INV23582 2 Invoice SUPPORT RENEWAL 08/04/2021 08/10/2021 1,732.50 821 605.56.09.23.5620
Total WONDERWARE MIDWEST:3,465.00
WOODLAND RESTORATION LLC
20210728-003 1 Invoice LABOR-PULL/SPRAY WEEDS 07/28/2021 08/10/2021 368.00 721 215.06.00.00.6009
Total WOODLAND RESTORATION LLC:368.00
Grand Totals: 916,442.84
Report Criteria:
Detail report.
Invoices with totals above $0 included.
Paid and unpaid invoices included.
[Report].Description = {<>} "1099 adjustment"
Invoice Detail.Type = {>} "adjustments"
[Report].Vendor Name = {<>} "KEIL ENTERPRISES"
[Report].Vendor Name = {OR} {IS NULL}
69