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CC101221packetCITY OF MUSKEGO COMMON COUNCIL AGENDA 10/12/2021 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER ROLL CALL STATEMENT OF PUBLIC NOTICE 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 September 28, 2021 Common Council Minutes CCM2021.09.28.pdf Resolution #088-2021 - Approval of Agreement for Ambulance Services with Tess Corners Volunteer Fire Department CCR2021088-TC Rescue.docx CCR2021088-TC Rescue Agreement.docx.pdf Resolution #089-2021 - Approval of Fire Protection Agreement with Tess Corners Volunteer Fire Department. CCR2021089-TCVFD.docx CCR2021089-TCVFD Agreement.pdf CCR2021089-TCVFD Addendum.pdf Resolution #090-2021 - Approval of Permanent Water Main Easement Granted by Muskego Lakes Estates, LLC. CCR2021090-Permanent Water Main Easement.docx Staff Memo-Water Main Easement Muskego Lakes Estates LLC.docx Muskego Lakes Estates - Easement.pdf Resolution #091-2021 - Approval of a One-Lot Certified Survey Map - Hilmer/DeBack CCR2021091-CSM-Hilmer.docx PC_063-2021_RESOLUTION.pdf PC_063-2021_SUPPLEMENT.pdf PC_063-2021_SUBMITTAL.pdf PC_063-2021_MAP.pdf 1 Resolution #092-2021 - Approval of Stair Crest Developer's Agreement CCR2021092-Developer's Agreement-PHW Muskego (Stair Crest).docx Staff Memo-PHW Muskego, Inc. (Stair Crest) DA.docx CCR2021092-Attachment.pdf Resolution #093-2021 - Approval to Alter a Platted Preservation Easement - Oakridge Glen Subdivision CCR2021093-Preservation Easement-Oakridge Glen.docx PC_064-2021_RESOLUTION.pdf PC_064-2021_SUPPLEMENT.pdf PC_064-2021_SUBMITTAL.pdf PC_064-2021_MAP.pdf Resolution #094-2021 - Establishing Ward Boundaries Using the 2020 Census Figures CCR2021094-Wards.docx CCR2021094-Proposed Redistricting Plan - Map.pdf CCR2021094-Proposed Redistricting - Population Ward Count.pdf Resolution #095-2021 - Acceptance of HR Audit Services Proposal as Submitted by MRA CCR2021095-MRA Proposal.docx CCR2021095-Proposal.pdf CCR2021095-Bio.pdf NEW BUSINESS REVIEW OF COMMITTEE REPORTS Plan Commission - September 7, 2021 PCMinutes 09072021.pdf Finance Committee - September 14, 2021 FCM20210914.pdf VOUCHER APPROVAL Utility Vouchers - $49,636.34 General Fund Vouchers - $1,800,036.32 Wire Transfers for Payroll/Invoice Transmittals - $382,684.33 Vouchers - Total.pdf Vouchers - Alpha Report.pdf CITY OFFICIALS' REPORTS 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 2 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 September 28, 2021 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:08 pm. ROLL CALL Present: Alderpersons Hammel, Terrence, Kapusta, Engelhardt, Kubacki, and Madden. Also present: City Attorney Warchol, Public Works and Development Director Kroeger, Lead Planner Trzebiatowski, Finance & Administration Director Mueller; Assistant Finance & Administration Director Mustapich; Police Chief Westphal, and Assistant Deputy Clerk Roller. Absent: Alderperson Wolfe. STATEMENT OF PUBLIC NOTICE The Assistant Deputy Clerk stated the meeting was noticed in accordance with the open meeting law. COMMUNICATIONS FROM THE MAYOR'S OFFICE • The October newsletter is being mailed next week. • Mayor’s Proposed 2022 Budget has been distributed to the Aldermen at this meeting. • The Hillendale Road Project should be completed and road should be open by October 12, 2021. • Lake Meadows subdivision finishing up the roads completed by October 1, 2021. • The Great Water Alliance there isn’t much of a report as the City of Muskego has no input on this project. PUBLIC COMMENT Nick Wegner, W208S8119 Hillendale Drive, spoke against the Second Reading of Ordinance #1463 to rezone Marek/Russet Court from RS-1 to RS-2. CONSENT AGENDA Alderperson Engelhardt moved to approve the items under Consent Agenda. Alderperson Terrence seconded; motion carried. The following items were approved: • Approval of September 14, 2021 Common Council Minutes • Resolution #084-2021 - Authorize Final Distribution of Tax Incremental Districts #8 and #9 Funds • Resolution #085-2021 - Establishing Traffic Regulations (No Parking Signs - Parkland Drive) • Resolution #086-2021 - Establishing Traffic Regulations (Stop Signs - Ryan Drive) • Resolution #087-2021 - Approval of Reduction of Bond Amount for Community Holdings, LLC (The Waters of Lake Denoon) NEW BUSINESS None UNFINISHED BUSINESS Ordinance #1463 - An Ordinance to Amend the Zoning Map of the City of Muskego (Marek/Russet Court - RS-1 to RS-2). Second Reading. Lead Planner Trzebiatowski provided a brief summary of the ordinance explaining the zoning for the proposed development would be changed from RS-1 to RS-2. 4 Common Council 2 | Page September 28, 2021 Alderperson Kubacki moved to approve. Alderperson Madden seconded. The motion carried 4 to 2 by the following vote: Aye: Alderpersons Madden, Kubacki, Engelhardt and Hammel Nay: Alderpersons Kapusta and Terrence Absent: Alderperson Wolfe REVIEW OF COMMITTEE REPORTS • Finance Committee - August 10, 2021 • Public Works and Safety Committee - August 17, 2021 • Finance Committee - August 24, 2021 LICENSE APPROVAL None VOUCHER APPROVAL Alderperson Kubacki moved to approve Utility Vouchers in the amount of $97,863.77. Alderperson Madden seconded; motion carried. Alderperson Kubacki moved to approve General Fund Vouchers in the amount of $751,990.26. Alderperson Engelhardt seconded; motion carried. Alderperson Kubacki moved to approve Wire Transfers for Debt Service in the amount of $630,997.63. Alderperson Hammel seconded; motion carried. Alderperson Kubacki moved to approve Wire Transfers for Payroll/Invoice Transmittals in the amount of $364,371.17. Alderperson Hammel seconded; motion carried. CITY OFFICIALS' REPORTS None COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Little Muskego Lake District - Alderperson Engelhardt stated the next meeting is scheduled for October 7, 2021 at 7 pm. FUTURE AGENDA ITEMS None ADJOURNMENT Alderperson Engelhardt moved to adjourn at 6:28 pm. Alderperson Kubacki seconded; motion carried. Minutes taken and transcribed by Kerri Roller, Assistant Deputy Clerk. 5 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #088-2021 APPROVAL OF AGREEMENT FOR AMBULANCE SERVICES WITH THE TESS CORNERS VOLUNTEER FIRE DEPARTMENT WHEREAS, It is necessary that the City of Muskego and the Tess Corners Volunteer Fire Department enter into an agreement for ambulance services. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Committee of the Whole, does hereby approve the attached Agreement for Ambulance Services with the Tess Corners Volunteer Fire Department for the period January 1, 2022 through December 31, 2023. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the Agreement in the name of the City and the City Attorney is authorized to make substantive changes to the Agreement as may be necessary in order to preserve the general intent thereof. DATED THIS 12th DAY OF OCTOBER 2021. SPONSORED BY: COMMITTEE OF THE WHOLE This is to certify that this is a true and accurate copy of Resolution #088-2021, which was adopted by the Common Council of the City of Muskego. ___________________________ Clerk-Treasurer 10/21sm 6 AGREEMENT FOR AMBULANCE SERVICES FOR JANUARY 1, 2022 TO DECEMBER 31, 2023 1. Tess Corners Volunteer Fire Department, hereinafter referred to as TC Rescue, hereby agrees to provide ambulance rescue services, in the common meaning of those words, to the entire City of Muskego, hereinafter referred to as the City, whenever called upon to do so for the duration of this agreement. a. TC Rescue shall supply ambulance vehicles, together with the necessary manpower to utilize said equipment and agrees to maintain locations within the City to house said vehicles and other necessary rescue apparatus. b. TC Rescue shall promptly respond, upon being notified by the City’s designated Dispatcher, to any location within the City’s corporate limits, with the necessary ambulance apparatus as well as sufficient manpower to operate said apparatus, to render emergency medical services at the scene of such emergency. c. Rescue services shall include both emergency medical care on the scene of an emergency, rendered by two (2) State certified emergency medical technicians as well as transportation by ambulance to a medical facility by two (2) EMT’s or other qualified state licensed parties. Rescue services shall be provided but are not limited to instances involving trauma, medical emergencies, automobile accidents and water and ice rescue operations. Rescue services shall not include emergency response to incidents involving known “hazardous materials” as that term is commonly used in the fire service unless such personnel are qualified. d. Services shall also include mutual aid response by fire departments or ambulance services from surrounding communities to assist TC Rescue should TC Rescue request aid from such departments. The need for such response shall be in the sole discretion of the TC Rescue official in charge at the time of call. There shall be no additional charge to the City for mutual aid response. 2. TC Rescue agrees to provide State certified Basic level EMT’s on each of its ambulance calls and further agrees to provide at least one (1) State certified EMT Intermediate or higher on every first call. 3. TC Rescue shall obtain and maintain in full force and effect during the term of this contract and pay the premium thereon for the following policies of insurance. TC Rescue further agrees to secure vehicle, liability, property damage, and errors and omissions insurance for any and all actions of the said EMT’s, officers, and department as a whole. a. Workers Compensation policy. b. Commercial General Liability policy with a combined single lim it of not less than $2,000,000 per occurrence for bodily injury, personal injury and property damage. c. Automobile Liability policy for all vehicles with a combined single limit of not less than $2,000,000 per occurrence for bodily injury and property damage. d. Medical Malpractice policy for the rescue and ambulance services provided for in this agreement with a limit of not less than $2,000,000 per occurrence. e. A Certificate of Insurance shall be provided to the City evidencing that the above requirements have been met. In addition, TC Rescue shall provide the following written Endorsements to its insurance policies: 7 TC Rescue / City of Muskego Agreement for Ambulance Services Page 2 T:\Departments\Attorney\Agreements\Agreement for Ambulance Services (TC Rescue).docx 1) Naming the City as an additional insured 2) Waiver of subrogation 3) Primary and noncontributory insurance 4) 30 day notice of cancellation f. Memorandum copies of the insurance policies shall be provided to the City upon request. 4. TC Rescue agrees to indemnify, defend, and hold harmless the City of Muskego, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, from and against any and all claims, demands, damages, suits, and actions, including attorney’s fees, caused by reason of any act, omission, fault, or negligence, whether active or passive, of TC Rescue or of anyone acting under its direction or control or on its behalf. The obligation to indemnify, defend, and hold harmless the City of Muskego, shall be applicable unless liability results from the sole negligence of the City of Muskego, its elected and appointed officials, office rs, employees, agents, representatives and volunteers. 5. TC Rescue will be responsible for any and all billings in regards to patient transports. 6. This contract shall be in full force and effect starting on January 1, 2022 and ending on December 31, 2023. 7. TC Rescue shall keep an accurate and full report on all rescue calls made, and submit the report quarterly. a. This report shall list all individual calls for service. b. This report shall include response zone and overall response time calculated from time of page for rescue response to first responder and ambulance arrival. The times listed shall be in detail to the minute. 8. Each party agrees to provide notice to the other party at least (60) days prior to the expiration of this agreement if any contract terms are to be different as described herein for any subsequent contract term. CITY OF MUSKEGO TESS CORNERS VOLUNTEER FIRE DEPARTMENT Dated __________________, 2021 Dated __________________, 2021 Mayor Rick Petfalski President Clerk-Treasurer Sharon Mueller Secretary 8 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #089-2021 APPROVAL OF FIRE PROTECTION AGREEMENT WITH TESS CORNERS VOLUNTEER FIRE DEPARTMENT WHEREAS, It is necessary that the City of Muskego and the Tess Corners Volunteer Fire Department enter into an Agreement for fire protection for the City’s residents; and WHEREAS, The Finance Committee has reviewed the attached Agreement and has recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Committee of the Whole, does hereby approve the Agreement for fire protection between the Tess Corners Volunteer Fire Department and the City of Muskego for the period January 1, 2022 to December 31, 2023. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to sign the Agreement and the City Attorney is authorized to make substantive changes to it as may be necessary in order to preserve the general intent thereof. DATED THIS 12th DAY OF OCTOBER 2021. SPONSORED BY: COMMITTEE OF THE WHOLE This is to certify that this is a true and accurate copy of Resolution #089-2021 which was adopted by the Common Council of the City of Muskego. ___________________________ Clerk-Treasurer 10/21sm 9 2022 - 2023 AGREEMENT CITY OF MUSKEGO -- TESS CORNERS VOLUNTEER FIRE DEPARTMENT AGREEMENT made by and between Tess Corners Volunteer Fire Department, a Wisconsin Corporation, hereinafter referred to as TCVFD and the City of Muskego, a Municipal Corporation of the State of Wisconsin, hereinafter referred to as the City. IN CONSIDERATION of the mutual covenants herein contained, it is agreed: That the term of this Agreement is January 1, 2022 to December 31, 2023. The City will pay to TCVFD a payment of $137,012.75 for 2022 services, payable upon receipt of the TCVFD’s check ledger for the previous quarter detailing expenditures for those quarters. TCVFD agrees to have its financial statements including work notes and financial Statements prepared quarterly in conformity with accounting principles. Payment for Calendar Year 2023 services by the City to TCVFD shall be agreed upon by the parties following negotiations thereon which shall occur between June 1, 2022 and September 30, 2022 such that the agreed upon amount can be approved by the Common Council prior to the end of Calendar Year 2022. In the event the parties cannot agree on an amount for 2023 services, the amount paid for 2022 shall be extended through the term of this Agreement. The City will fund an amount of $707,700.00 for capital expenditures as itemized in Addendum 1. Fire runs are to be made by TCVFD to any fire within the City’s corporate boundaries in compliance with a call from any resident of said area. TCVFD will furnish the necessary fire trucks, hoses, ladders, and miscellaneous firefighting equipment, and the volunteer fire fighting assistance made by any resident of the area to be served by TCVFD under this Agreement. TCVFD will provide quarterly, or upon the request of the City, a report on Fire Department response activities to the Public Works and Safety Committee. This report shall list all individual calls for service. This report shall include the currently available report that shows incident number, unit, date, alarm and arrival time and response time. Specific individual response times and locations within the quarterly report may be requested by the Committee from time to time for the purpose of clarifying the individual specific response times. TCVFD assumes all liability for damages caused by the negligent operation of its fire trucks or equipment, and agrees to obtain automobile liability insurance covering the operations of its trucks said insurance to have a minimum liability for bodily injury in the amount of $2,000,000.00 Combined Single Limit. TCVFD shall provide separate written Endorsements to its General Liability Policy of Insurance for the following; Naming the City as an Additional Insured, Waiver of Subrogation, Primary and Non-Contributory Insurance Coverage and Thirty (30) Day Notice of Cancellation. A Certificate of Insurance along with said Endorsements shall be provided to the City upon request showing evidence of the above insurance requirements. The City, recognizing the value of mutual aid agreements between fire departments, agrees to permit TCVFD to continue with such agreements. TCVFD needs to remain in compliance with the Department of Commerce standard requirements for Comm. 30 to continue receiving the 2% Fire Insurance Entitlement Dues. 10 City of Muskego/Tess Corners Volunteer Fire Department Page 2 2022-2023 Agreement TCVFD agrees to indemnify, defend, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, from and against any and all claims, demands, damages, suits, and actions, including attorney’s fees, caused by reason of any act, omission, fault, or negligence, whether active or passive, of TCVFD or of anyone acting under its direction or control or on its behalf. The obligation to indemnify, defend, and hold harmless the City, shall be applicable unless liability results from the sole negligence of the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers. Each party agrees to provide notice to the other party at least sixty (60) days prior to the expiration of this agreement if any contract terms other than term and payment are expected to be different than as described herein for any subsequent contract term. For valuable consideration acknowledged by each party, TCVFD hereby agrees that it will comply with any and all requirements of the law commonly known as the Wisconsin Open Meetings Law, the Wisconsin Open Records Law, and the Wisconsin Fair Labor Law. Any previous contracts between the parties as to payments for services are hereby declared null and void as of January 1, 2022. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. TESS CORNERS VOLUNTEER FIRE DEPT. CITY OF MUSKEGO Dated: Dated: ___________________________________ President Mayor Rick Petfalski ___________________________________ Secretary Clerk-Treasurer Sharon Mueller T:\Departments\Attorney\Agreements\Agreement - TC Vol Fire Dept (new).docx 11 12 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #090-2021 APPROVAL OF PERMANENT WATER MAIN EASEMENT GRANTED BY MUSKEGO LAKES ESTATES, LLC WHEREAS, There are public water main pipes, which are maintained by the City of Muskego, on the property known as the Muskego Lakes Estates, LLC; and WHEREAS, In order for the City to maintain these pipes properly, the City needs access to the property in the form of an Easement; and WHEREAS, Based upon the above and for this purpose, the City has requested that a permanent Easement be granted to it by Muskego Lakes Estates, LLC; and WHEREAS, On September 28, 2021, Richard Burback, on behalf of Muskego Lakes Estates, LLC, signed an Easement granting the City access to the property for the purposes described therein. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby approve the attached Permanent Water Main Easement granted by Muskego Lakes Estates, LLC. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign the 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 12th DAY OF OCTOBER 2021. SPONSORED BY Ald. Kevin Kubacki This is to certify that this is a true and accurate copy of Resolution #090-2021 which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 10/21cmc 13 Reports and Presentations to Finance/Common Council To: Finance/Common Council From:Scott Kroeger Department:Public Works & Development Subject: Permanent Water Main Easement - Muskego Lakes Estates, LLC Date:October 12, 2021 Background Information: Muskego Lakes Estates, LLC needs to provide a permanent water main easement in order for the City of Muskego to access the public water main. This area is on private property to the east of Muskego Lakes Estates and adjacent to Ryan Drive right of way. City Attorney Warchol and City Staff have reviewed the proposed water main easement. Attached is the Water Main Easement for your review. Key Issues for Consideration: 1. Water Main Easement Recommendation for Action by Committee and/or Council: The Finance/Common Council approve the water main easement. Date of Committee Action: October 12, 2021 Planned Date of Council Action (if required): October 12, 2021 Total $ Needed: N/A Fiscal Note(s): N/A $ Budgeted: N/A Expenditure Account(s) to Be Used: N/A (3/2019) 14 15 16 17 18 19 20 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #091-2021 APPROVAL OF A CERTIFIED SURVEY MAP Hilmer/DeBack WHEREAS, A certified survey map was submitted by Matthew Hilmer for the Deback Property to finalize a one-lot land division for the property located at W198 S10856 Racine Avenue (Tax Key Numbers 2287.999.004 and 2288.996.003); and WHEREAS, The Plan Commission adopted Resolution #P.C. 063-2021 recommending approval of the revised one-lot land division. 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 certified survey map submitted by Matthew Hilmer to finalize a one-lot land division for the DeBack Property located at W198 S10856 Racine Avenue subject to the conditions outlined in Resolution #P.C. 063-2021. BE IT FURTHER RESOLVED That this approval is subject to receipt of all fees required by the Land Division Ordinance, any special assessments which may be due, payment of any unpaid taxes, and approval of the City Engineer. BE IT FURTHER RESOLVED That a digital file of this certified survey map shall be submitted to the City. DATED THIS 12th DAY OCTOBER 2021. SPONSORED BY: Ald. Eileen Madden This is to certify that this is a true and accurate copy of Resolution #091-2021, which was adopted by the Common Council of the City of Muskego. ________________________________ Deputy Clerk 10/21cmc 21 RESOLUTION #P.C. 063-2021 APPROVAL OF A ONE LOT CERTIFIED SURVEY MAP FOR THE DEBACK PROPERTY AS PROPOSED BY MATTHEW HILMER LOCATED AT W198 S10856 RACINE AVENUE / TAX KEY NO. 2287.999.004 AND 2288.996.003 WHEREAS, A Certified Survey Map (CSM) was submitted by Matthew Hilmer for the Deback property for a one (1) lot land division located at W198 S10856 Racine Avenue / Tax Key Nos. 2287.999.004 and 2288.996.003, and WHEREAS, The proposed lot is approximately 6.76 acres (294,681 SF) in size in size, and WHEREAS, The property is zoned RS-2 Suburban Residence District and requires minimum lot sizes of 40,000 SF with a minimum average width of 220 feet per lot as municipal sewer is not available, and WHEREAS, The 2020 Comprehensive Plan depicts the area for rural density residential uses and the proposed lot is consistent with the plan, and WHEREAS, The lot will be served by a private water well, and WHEREAS, The lot will be served by a private septic/mound system, and WHEREAS, The remnant lots are approximately 1.85 acres and 90.15 acres in size, so only the smaller lot is included on the CSM as an outlot, and WHEREAS, The Public Works and Safety Committee approved a waiver from the requirement that the public roadway improvements be constructed to the extent of their development prior to final approval of the CSM, and WHEREAS, Staff will need to review the right-of-way dedication to determine if it would be in the best interest of the City and planning for the future to extend the right-of-way to the eastern edge of the proposed outlot. THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted by Matthew Hilmer for a one (1) lot land division located at S67 W21885 Racine Avenue / Tax Key Nos. 2287.999.004 and 2288.996.003, subject to technical corrections as identified by the City Engineers, and payment of all applicable fees and outstanding assessments if applicable. BE IT FURTHER RESOLVED, The petitioner, or owner of the new lot will be responsible for their share of the public improvements costs at such time that the road is extended for any future development. BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the Certified Survey Map can be signed and recorded. BE IT FURTHER RESOLVED, The petitioner may be responsible for additional right-of-way pending the outcome of staff review of extending the right-of-way to the eastern property line of Outlot 1. BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with Common Council Ordinance No. 1118 and Resolution 196-2002. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: October 5, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 22 City of Muskego Plan Commission Supplement PC 063-2021 For the meeting of: October 5, 2021 REQUEST: One (1) Lot Land Division – Certified Survey Map W198 S10856 Racine Avenue / Tax Key Nos. 2287.999.004 & 2288.996.003 SE ¼ of Section 32 PETITIONER: Matthew Hilmer INTRODUCED: October 5, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 063-2021 The petitioner is proposing to split approximately 6.76 acres (294,681 SF) from the existing 3 acre and 95.5-acre parcels via Certified Survey Map (CSM). The proposed remnant parcels will then be approximately 1.85 acres and 90.15 acres in size. When remnant lots are greater than 20 acres they do not need to be included on the CSM so only the smaller 1.85-acre outlot is shown. PLAN CONSISTENCY PC 063-2021 Comprehensive Plan: The 2020 Plan depicts the areas for rural density residential uses. The proposal is consistent with the plan. Zoning: The property is zoned RS-2 Suburban Residence District. This zoning requires minimum lot sizes of 40,000 SF and an average lot width of 220 feet as municipal sewer is not available. Each lot will also have at least 80 feet of frontage on a dedicated right-of-way. Parks and Conservation Plan: The 2017-2021 Plan does not depict any park area on this property. Street System Plan: Right-of-way is being dedicated to extend Crystal Drive. The proposal is consistent with the Plan. Adopted 208 Sanitary Sewer Service Area: The lot will be serviced with private septic system. The proposal is consistent with the plan. Water Capacity Assessment District: The lot will be serviced via the private water wells. The proposal is consistent with the plan. Stormwater Management Plan: The Engineering Department will need to determine if a grading plan and/or stormwater management is required as part of the land division or upon construction of the new home. 23 DISCUSSION PC 063-2021 Upon initial review of the CSM, the bulk requirements of the code appear to be met. The main issue with the proposed CSM is the extension of the right-of-way and improvements for Crystal Drive. Crystal Drive currently ends in a cul-de-sac. The petitioner has requested and received a waiver from the Public Works and Safety Committee to the requirement that the public roadway improvements be constructed to the extent of their development prior to final approval of the CSM. Public improvements include the base course, asphalt pavement, storm sewer and curb and gutter. The petitioner is willing to dedicate the proper right-of-way for extending Crystal Drive with the land division. The petitioner, or owner of this property will be responsible for their share of the public improvement costs at such time that the road is extended for any future development. The Crystal Drive right-of-way is proposed to be extended to the extent of the new lot being created. The right-of-way then dead ends into the center of Outlot 1 as identified on the CSM. Staff will need to review the right-of-way dedication to determine if it would be in the best interest of the City and planning for the future to extend the right-of-way to the east end of the outlot. This would create a second outlot, but would also be available for possible extension for further development if it would occur. A technical review is in the process of being completed. All corrections/additions will be needed prior to the CSM can be signed by the City and recorded. Staff recommends approval subject to meeting all items noted above and all technical corrections received from the Engineering Division. The Resolution is drafted accordingly. STAFF RECOMMENDATION PC 063-2021 Approval of Resolution PC 063-2021 24 25 RACINE AVE M U S K E G O D A M D R C RY S TA L D R KEL SEY DR S D EN O O N R D N O RT H S H O R E D R RED OAK CT CHARLES CT E A S T S H O R E D R O R I O L E L N BLUEBIRD LN WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 500 1,000 Feet Matthew HilmerW198 S10957 Racine Avenue RESOLUTION #PC 063-2021Supplemental Map Prepared by City of Muskego Planning Department 26 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #092-2021 APPROVAL OF THE PHW MUSKEGO, INC. (STAIR CREST) DEVELOPER’S AGREEMENT WHEREAS, The PHW Muskego, Inc. (Stair Crest) and the City of Muskego wish to enter into a Developer’s Agreement regarding the development on Janesville Road located on the site of the former Tess Corners School in the City of Muskego; and WHEREAS, The Developer’s Agreement is for the construction of public improvements at said location; and WHEREAS, The Finance Committee has reviewed and recommended approval of the Agreement between PHW Muskego, Inc. (Stair Crest) and the City of Muskego to make and install certain public and private improvements reasonably necessary for the Development, conditioned upon the construction of said improvements according to approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of the Agreement without cost to City; and 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 attached Developer’s Agreement between The PHW Muskego, Inc. (Stair Crest) and the City of Muskego for the Stair Crest Development. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby authorized to sign the Agreements and the City Attorney is authorized to make substantive changes to them as may be necessary in order to preserve the general intent thereof. DATED THIS 12th DAY OF OCTOBER 2021. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #092-2021, which was adopted by the Common Council of the City of Muskego. Deputy Clerk 10/21cmc 27 1 This Agreement, made this ____ day of ________, 2021 by and between PHW Muskego, Inc. (the "Developer") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter called the "City". W I T N E S S E T H WHEREAS, the Developer has submitted for approval by the City the development plans for the Stair Crest development, a part of the lands described as: PARCEL 1: THAT PART OF THE SOUTH EAST QUARTER OF SECTION TWO (2) IN TOWN FIVE (5) NORTH, RANGE TWENTY (20) EAST, DESCRIBED AS FOLLOWS: BEGINNING ON THE QUARTER LINE TEN (10) CHAINS AND NINETY FIVE (95) LINKS SOUTH OF THE CENTER OF SAID SECTION TWO (2), AND THENCE RUNNING SOUTH ON THE QUARTER LINE THREE (3) CHAINS AND NINETY SEVEN (97) LINKS, THENCE EAST TWO (2) CHAINS AND FIFTY (50) LINKS; THENCE NORTH PARALLEL TO THE QUARTER LINE THREE (3) CHAINS AND NINETY SEVEN (97) LINKS; THENCE WEST TWO (2) CHAINS AND FIFTY (50) LINKS TO THE PLACE OF BEGINNING, CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN. PARCEL 2: ALL THAT PART OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 20 EAST, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN DESCRIBED AS FOLLOWS, TO-WIT: COMMENCING AT A POINT ON THE NORTH AND SOUTH QUARTER SECTION LINE, DISTANT SOUTH 984.72 FEET FROM THE CENTER OF THE SAID SECTION, AND THENCE NORTH 88° 23' EAST ON THE SOUTH LINE OF SCHOOL LANDS AS DESCRIBED IN VOL. 210 OF DEEDS ON PAGE 226 OF WAUKESHA COUNTY RECORDS, 165.0 FEET TO THE POINT OF COMMENCEMENT OF THE LANDS HEREIN DESCRIBED. THENCE NORTH 566 FEET ON THE EAST LINE OF THE SAID LANDS AND SAID LINE EXTENDED TO THE CENTER LINE OF STATE TRUNK HIGHWAY #24; THENCE NORTH 58° EAST 18.80 FEET ON SAID CENTER LINE; THENCE SOUTH 24° 40' 25" EAST 625.2 FEET; THENCE SOUTH 88° 23' WEST ON FENCE BOUNDARY TO THE POINT OF COMMENCEMENT. PARCEL 3: ALL THAT PART OF THE SOUTH EAST ONE QUARTER (SE1/4) OF SECTION NO. 2, TOWNSHIP NO. 5 NORTH, RANGE NO. 20 EAST, IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DESCRIBED AS FOLLOWS, TO- WIT: COMMENCING AT A POINT ON THE NORTH AND SOUTH QUARTER SECTION LINE DISTANT SOUTH 984.72 FEET FROM THE CENTER OF THE SAID SECTION; AND THENCE NORTH 88° 23' EAST ON THE SOUTH LINE OF EXISTING SCHOOL GROUNDS OF JOINT SCHOOL DISTRICT NO. 1, 442.0 FEET; THENCE NORTH 24° 46' 25" WEST ON NORTHEASTERLY LINE OF SAID SCHOOL GROUNDS 625.2 FEET TO THE CENTER LINE OF STATE TRUNK HIGHWAY "24"; THENCE NORTH 58° 00' EAST ON SAID CENTER LINE 100.0 FEET; THENCE SOUTH 24° 50' EAST 680.58 FEET; THENCE SOUTH 1° 37' EAST 332.90 FEET; THENCE SOUTH 88° 03' WEST 560.19 FEET TO NORTH-SOUTH QUARTER LINE AFORESAID; THENCE NORTH 336.25 FEET TO THE POINT OF BEGINNING. Parcel ID # (PIN): MSKC 2168.961 STAIR CREST DEVELOPER'S AGREEMENT Document Number Document Title Recording Area Name and Return Address City of Muskego Planning Division W182 S8200 Racine Ave. Muskego, WI 53150 28 2 PARCEL 4: THE FOLLOWING DESCRIBED REAL ESTATE SITUATED LYING AND BEING IN THE TOWN NOW CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN; VIZ: COMMENCING AT A POINT IN THE CENTER OF THE MILWAUKEE AND JANESVILLE PLANK ROAD IN THE NORTH AND SOUTH 1/4 LINE OF SECTION 2, TOWNSHIP 5 NORTH, RANGE 20 EAST, 7 CHAINS AND 73 LINKS SOUTH OF THE CENTER 1/4 POST OF SAID SECTION 2 AND RUN THENCE SOUTH ON THE 1/4 LINE 3 CHAINS AND 22 LINKS; THENCE EAST 2 CHAINS AND 50 LINKS; THENCE NORTH PARALLEL WITH 1/4 LINE 4 CHAINS AND 78 LINKS TO THE CENTER OF SAID PLANK ROAD; THENCE ON AND ALONG THE SAME SOUTH 59 3/4 DEGREES WEST, 2 CHAINS AND 95 LINKS TO THE PLACE OF BEGINNING. EXCEPTING THEREFROM said Parcels 1-4, that part of said parcels which is conveyed IN QUIT CLAIM DEED RECORDED JULY 21, 1995, REEL 2093, IMAGE 412, AS DOCUMENT NO. 2053587; AND FURTHER EXCEPTING THEREFROM said Parcels 1-4, those LANDS CONVEYED IN QUIT CLAIM DEED RECORDED AUGUST 17, 2004 AS DOCUMENT NO. 3195589. WHEREAS, The Developer is required to make and install certain public improvements (“Improvements”) reasonably necessary for the Development, conditioned upon the construction of said Improvements according to approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement, without cost to City; and WHEREAS, The Public Works & Development Director and the City's Public Works & Safety Committee have duly approved, contingent on certain other approvals, Developer's plans and specifications for the Improvements, and the City's Plan Commission has duly approved the Development contingent in part upon the execution and performance of this Agreement by the Developer. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto agree as follows: SECTION I: DEVELOPMENT 1. LAND USE. The Development, as approved by Plan Commission Resolution #062-2019 and further modified by Plan Commission Resolution #060-2020, consists of a total of 80 senior independent living units, 20 assisted living units and 20 memory care units with the features per the referenced resolutions. 2. PHASING. Developer and City agree that this Agreement is for the installation of public and private improvements consisting of water, sanitary sewer, storm sewer, stormwater improvements, landscaping and grading and roadway work in one phase. SECTION II : PLATTING/ZONING 1. This Developer’s Agreement addresses the development of land for a senior housing development, all being under the Provisions of Sections 392 and 400 of the Municipal Code, and under the auspices of the approved PD - Planned Development District. 2. Developer shall entirely at its expense: a) Concurrent with the execution of this Agreement tender a Letter of Credit in the amount required herein for the construction of improvements required by this Agreement. No construction activity, associated with any publicly dedicated utilities, may commence until this Agreement has been executed and recorded, and the Letter of Credit has been tendered. b) Before any improvements found in Section III of this agreement begin, the Developer shall execute this Agreement, shall cause this Agreement to be recorded at the Waukesha County Register of Deeds, and shall provide City with evidence of recording. c) Place and install monuments required by State Statute or City Ordinance. 29 3 SECTION III : IMPROVEMENTS: City shall, within its jurisdiction, furnish the Developer such permits or easements as may be required to enter upon and install the water main, sanitary sewer and storm sewer improvements described herein. Developer shall cause the construction of all Improvements called for by this Agreement to be carried out and performed in a good and workmanlike manner. Developer shall submit to the City valid copies of any agency permits that may be required in connection with the improvements, including, if necessary, the Wisconsin Department of Safety and Professional Services permits, and the Wisconsin Department of Natural Resources permits before construction commences and prior to any preconstruction meeting. Developer shall entirely at its expense: A. ROADS AND STREETS: 1. Grade and improve all roads and streets in accordance with the plans and specifications approved by the Public Works Committee including off-site improvements necessary to provide such roads and streets, including grading and gravel, curb and gutter, and asphalt street improvements, as approved by the Public Works & Development Director or his designee and Public Works Committee as indicated in the plans and specifications on file with the Engineering Department. 2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from construction of subdivision improvements. 3. Reimburse the City for the cost of all street signs, street lights, traffic signs and posts, including the cost of their installation. 4. Contractors working at the Development are required to clean up all mud, dirt, stone or debris on the streets no later than the end of each working day. In addition, the Developer shall have ultimate responsibility for cleaning up any and all mud, dirt, stone or debris on the streets until Final Acceptance has been granted by the City Council as described in Section VII, Final Acceptance. The City shall make a reasonable effort to require the contractor that placed the mud, dirt, stone or debris on the street, to clean up the same or to hold the subject property owner who hired the contractor responsible. The Developer shall clean up the streets within twenty-four (24) hours after receiving a notice from the City. If said mud, dirt, stone or debris are not cleaned up after notification, the City may do so at the Developer’s and/or subject property owner's expense, at the option of the City. B. WATER MAIN: 1. Construct, install, furnish, and provide without cost to City, a complete system of water supply and distribution, throughout the development, and including off-site improvements necessary to provide such system, as approved by the Public Works Director or his designee and Public Works Committee and in accordance with the plans and specifications on file in the Public Works & Development Department. 2. Apply for and pay for all necessary permits to use water from hydrants for construction permits, as may be required by the City. 3. Complete to the satisfaction of the City any punch list items concerning the water system prior to connection of any building to the water system. C. SANITARY SEWER: 1. Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection system throughout the entire Development, and including off-site improvements necessary to connect such system 30 4 to the city’s infrastructure, as approved by the Public Works & Development Director or his designee and the Public Works & Safety Committee in accordance with the plans, specifications and drawings on file in the Public Works & Development Department. 2. Complete, to the satisfaction of the Public Works & Development Director or his designee, any remaining punch list items concerning the Sanitary Sewer System prior to the dedication of any structure to the sanitary sewer systems. 3. Clean all sanitary sewers in the Development prior to acceptance of the Improvements and issuance of building permits by the City. 4. Request televising of the sanitary system by the City of Muskego and reimburse the City for the costs to complete the televising. D. STORM AND SURFACE WATER DRAINAGE AND GRADING PLAN: 1. Construct, install, furnish and provide facilities as approved by the Public Works Director or his designee and Public Works Committee for storm and surface water drainage throughout the Development and off- site improvements as necessary, all in accordance with the plans and specifications on file in the Public Works & Development Department. The City retains the right to require the Developer to install at Developer’s cost additional storm drainage and erosion control measures prior to acceptance of improvements by the City of Muskego. 2. Grade and improve the development in conformance with the grading plan as approved by the Public Works Director or his designee and Public Works Committee in accordance with the plans and specifications on file in the Public Works & Development Department. Restore with topsoil and seed. Establish dense vegetation. 3. The City retains the right to require Developer to install within the development (and immediately adjacent area if applicable and necessary), additional surface and storm water drainage measures if it is determined by the Public Works & Development Director, or their designee, that the original surface and storm water drainage plan as designed and/or constructed does not provide reasonable stormwater drainage pursuant to the City’s ordinances, written procedures and policies. 4. Clean all Storm Sewers prior to acceptance of improvements and the issuance of occupancy permits by the City. 5. Execute and record a Maintenance Agreement as approved by the Public Works Director or his designee relating to privately owned storm water appurtenances and provide proof of recording. Keep and maintain all storm sewers, retention or detention ponds, and surface water drainage features which are outside of the rights-of-way in perpetuity, as provided for in the Maintenance Agreement. 6. Submit an as-built grading plan that meets all City requirements. E. LANDSCAPING: 1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when installing the development improvements. Replace trees in accordance with plans to be approved by the Plan Commission. 2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, and all rubbish. 3. Plant street trees and site landscaping without cost to City in accordance with Section 392-45 of the Muskego Municipal Code and the adopted Urban Forestry Management Plan and Urban Forestry Strategic 31 5 Plan dated March 28, 2000 and adopted by the Common Council on July 11, 2000 and in accordance with street tree and landscape plans on file in the Public Works & Development Department that were approved by the Community Development Director and City Forester prior to the signing of this agreement. The planting of the street trees shall occur before the installation of the final course of pavement with the Public Works & Development Director’s approval of planting schedule. 4. The City has the right to trim and remove any landscaping features which would interfere with safe operation and maintenance of the City right-of-ways and drainageways. F. EROSION CONTROL MEASURES: 1. The Developer shall cause all grading, excavation, open cuts, side slopes and other land surface disturbances to be so seeded and mulched, sodded or otherwise protected that erosion, siltation, sedimentation and washing are prevented in accordance with the plans and specifications reviewed and approved by the Public Works & Development Director, the State of Wisconsin Department of Natural Resources, and Army Corps of Engineers, if applicable. 2. Construct, install, furnish and provide without cost to City, a complete system of Erosion Control Devices or measures in specified areas of the development, on and off-site, in accordance with the Erosion Control Plan as approved by the Public Works Director or his designee and Public Works Committee and in accordance with the plans and specifications on file in the Public Works & Development Department. 3. Install silt fencing in conformance with the approved Erosion Control Plan prior to the grading and construction work. Such fences shall be maintained by the Developer until such time as vegetative cover is established in the development. Install mulching and seeding of all disturbed areas to comply with Municipal Code Chapter 162. SECTION IV: ADDITIONAL IMPROVEMENTS The Developer hereby agrees that if, at any time after plan approval and during construction of the Improvements, the Public Works & Development Director determines that modifications to the plans including additional Improvements such as additional drainage ways, erosion control measures, and surface and storm water management measures are necessary in the interest of public safety, are necessary in order to comply with current laws or are necessary for implementation of the original intent of the Improvement plans, the City is authorized to order Developer, at Developer’s expense, to implement the same. If Developer fails to construct the additional Improvement within a reasonable time under the circumstances, the City may cause such work to be carried out and shall charge against the financial guarantee held by the City pursuant to this Agreement. The requirement by the City of such additional Improvements as set forth herein must not negatively impact the development or cause or result in the loss of a lot/unit within the development. SECTION V: TIME OF COMPLETION OF IMPROVEMENTS The improvements set forth in Section III, Improvements, shall be completed by the Developer within eighteen (18) month from the signing of this Agreement or prior to occupancy of any unit(s)/building(s). Temporary occupancy can be granted and additional time can be allowed for outdoor items to be completed if seasonal concerns prohibit their completion. If the City receives notice of the intention to terminate the Letter of Credit or Bond prior to completion of all of the improvements set forth in Section III, Improvements, such notice shall be considered a failure to complete improvements in accordance with this agreement and shall entitle the City to immediately draw against the Letter of Credit. 32 6 SECTION VI: AS -BUILT CONSTRUCTION PLANS For private utilities the Developer can use its contractor or authorize City to prepare all necessary as-built construction plans. For public utilities, the Developer authorizes the City to prepare all necessary as-built construction plans for the Improvements to be dedicated to the City. Developer agrees to reimburse City for all costs incurred in the preparation and distribution of as-built data, including collection of data, revisions to construction documents and upload of data to City’s Geographic Information System, and City may utilize Developer’s Developers Deposit account for all charges related hereto. SECTION VII: FINAL ACCEPTANCE Throughout this Agreement, various stages of the development will require approval by the City. “Final Acceptance” as used herein, however, shall be the ultimate acceptance of all of the Improvements in the completed development as a whole and shall be granted specifically by resolution of the City Council. Final Acceptance shall be granted when substantial completion occurs, as determined by the City Council pursuant to the definition of substantial completion shown in Wisconsin Statutes Section 236.13(2)(am)(2). Granting Final Acceptance does not relieve the Developer of any obligations of this Agreement for uncompleted Improvements, and does not constitute a waiver, in particular, of the Developer’s obligation to complete any other Improvements or obligations that may be outstanding at the time that Final Acceptance is granted. SECTION VIII: DEDICATION AND ACCEPTANCE OF IMPROVEMENTS Subject to all of the other provisions of this Agreement, Developer shall, without charge to the City, upon completion of the above described Improvements, unconditionally give, grant, convey and fully dedicate the water main, sanitary sewer and storm sewer facilities (excluding those facilities which are to be owned and maintained by the Stair Crest) to the City, its successors and assigns, forever, free and clear of all encumbrances (except those encumbrances that may be acceptable to the City) whatever, together with and including, without limitation because of enumeration, any and all land, structures, mains, conduits, pipes lines, plant, machinery, equipment, appurtenances and hereditaments which may in any way be a part of or pertain to such Improvements and together with any and all necessary easements for access thereto. The City will be receptive to the dedications of Improvements, except private storm water drainage facilities, after the storm sewer, sanitary sewer and water main has been installed, when all said utilities have been completed and approved by the Public Works & Development Director and other agencies as applicable. Dedication shall not constitute acceptance of any improvement by the City. The City shall not accept the dedication of any Improvements which do not fully comply with approved plans, applicable City ordinances and written municipal specifications universally applied as of the date of this Agreement. Claims of financial hardship by the Developer shall not be considered a reason for the City to accept substandard materials or work. The City shall have the right to connect to or integrate other utility facilities with the Improvements provided herein without payment, award, or consent required of the Developer, provided, however that connection to any facilities located on or under Developer’s property shall require notice to Developer. At such time as all improvements are completed and acceptable as called for under this Agreement, and all approvals have been received from regulatory agencies, such improvements shall be accepted by the City by separate Resolution. Acceptance shall not occur until after the items listed below have taken place OR if the Public Works & Development Director deems other items relating to the construction of the development necessary: 1. The water, sanitary sewer and surface water drainage facilities required to serve the building are connected with an operational system as required herein, and 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Development Department, and 33 7 3. Certification is provided to the Public Works Director or his designee by a Registered Land Surveyor that all lot grades conform to the Master Grading Plan or the Interim Master Grading Plan and the as-built grading plan has been submitted to the Director of Public Works and he/she has verified all grades meet City standards. SECTION IX: INSPECTION AND ADMINISTRATION FEES Developer shall pay and reimburse the City in advance of the signing of the Agreement, in accordance with Section 392-13 of the Land Division Ordinance and Muskego Municipal Code Section 39-10, and at times specified herein, but in any event, no later than thirty (30) days after billing, all fees, expenses and disbursements which shall be incurred by the City prior to and following the date hereof in connection with or relative to the construction, installation, dedication and acceptance of the Improvements covered by Section III, including without limitation by reason of enumeration, design, engineering, preparing, checking and review of designs, plans and specifications, supervision, inspection to insure that construction is in compliance with the applicable plans, specifications, regulations and ordinances; and legal, administrative and fiscal work undertaken to assure and implement such compliance. Failure to pay or reimburse the City in a timely manner may cause the City to cease all construction inspections until such time as all anticipated or outstanding inspection and administration fees have been satisfied. SECTION X: MISCELLANEOUS REQUIREMENTS The Developer shall: 1. Easements: Provide any easements on Developer's land deemed necessary by the Public Works Director or his designee prior to accepting any public improvements and prior to any occupancy being grated for the use of the building. 2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and performed in a good and workmanlike manner. 3. Survey Monuments: Properly place and install any lot, block or other monuments required by State Statute, City Ordinance or the Public Works & Development Director. 4. Underground Utilities: Install all electrical, telephone, cable and gas utilities underground. Coordination of installation and all costs shall be the responsibility of the Developer. 5. Permits: Provide and submit to the City upon the City’s request, valid copies of any and all governmental agency permits. 6. Removal of Topsoil: The Developer agrees that no topsoil shall be removed from the development without approval from the Public Works & Development Director of which said approval shall not be unreasonably withheld. 7. Debris: Have ultimate responsibility for cleaning up debris that has blown from buildings under construction within the development until such time as all Improvements have been installed and building occupancy has been granted. The City shall make a reasonable effort to require the contractor responsible for the debris to clean up the debris or to hold the subject property owner who hired the contractor responsible. The Developer and/or subject property owner shall clean up the debris within forty-eight (48) hours after receiving a notice from the Public Works & Development Director. If said debris is not cleaned up after notification, the City will do so at the Developer’s and/or subject property owner's expense. 8. Public Construction Projects: If any aspect of the development involves a public construction project subject to the State law, all requirements of the State Public Construction Bidding Law must be satisfied, including but not limited to, providing a performance bond. 34 8 SECTION XI: GENERAL CONDITIONS AND REGULATIONS Municipal Codes and Ordinances: All the provisions of the City's ordinances are incorporated herein by reference, and all such provisions shall bind the parties hereto and be a part of this Agreement as fully as if set forth at length herein. This Agreement and all work and improvements required hereunder shall be performed and carried out in strict accordance with and subject to the provisions of said ordinances. SECTION XII: GUARANTEES The Developer shall guarantee the storm sewers, stormwater facilities, sanitary sewer and water main Improvements described in Section III, Improvements, against defects due to faulty materials or workmanship provided that such defects appear within a period of one (1) year from the date of acceptance. The Developer shall pay for any damages to City property resulting from such faulty materials or workmanship. This guarantee shall not be a bar to any action the City might have for negligent workmanship or materials. Wisconsin law on negligence shall govern such situation. SECTION XIII: GENERAL INDEMNITY In addition to, and not to the exclusion or prejudice of, any provisions of this Agreement or documents incorporated herein by reference, Developer shall indemnify and save harmless, and agrees to accept tender of defense and to defend and pay any and all reasonable legal, accounting, consulting, engineering and other expenses relating to the defense of any claim asserted or imposed upon the City its officers, agents, and employees, and independent contractors growing out of this Agreement as stated above by any party or parties except those claims asserted by Developer against City, its officers, agents and employees in an effort to enforce this Agreement. a) Hold Harmless. The Developer shall indemnify and hold harmless the City, its officers, agents, independent contractors, consultants, and employees from and against all claims, damages, losses, and expenses, including attorney’s fees, arising out of or resulting from the performance of the Work, provided that any such claim, damage, loss, or expense (i) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (ii) is caused in whole or in part by any negligent act or omission of the Developer, its officers, agents, independent contractors, and employees or anyone for whose acts any of them may be made liable. In any and all claims against the City, its officers, agents, independent contractors, and employees by the Developer, its officers, agents, independent contractors, employees, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be held liable, the indemnification obligation under this section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Developer, its officers, agents, independent contractors, employees under Workers’ Compensation Acts, disability benefit acts, or other employee benefit acts. The foregoing indemnity shall not apply to the negligence or willful misconduct of the City. b) Personal Liability of Public Officials. In carrying out any of the provisions of this Agreement or in exercising any power or authority granted to them thereby, there shall be no personal liability of the City officers, agents, independent contractors, consultant, and employees, it being expressly understood and agreed that in such matters they act as agents and representatives of the City. c) Indemnification for Environmental Contamination. The Developer shall indemnify, defend, and hold City and its officers, agents, independent contractors, consultants, and employees harmless from any claims, judgments, damages, penalties, fines, costs, or loss (including reasonable fees for attorneys, consultants, and experts) that arise as a result of the presence or suspected presence in or on the real property dedicated or conveyed to the City by, under, pursuant to, or in connection with the Development (including but not limited to street right of way) of any toxic or hazardous substances 35 9 arising from any activity occurring prior to the acceptance of all improvements. Without limiting the generality of the foregoing, the indemnification by the Developer shall include costs incurred in connection with any site investigation or any remedial, removal, or restoration work required by any local, State, or Federal agencies because of the presence or suspected presence of toxic or hazardous substances on or under the real property, whether in or on the soil, groundwater, air, or any other receptor. The City agrees that it will immediately notify Developer of the discovery of any contamination or of any facts or circumstances that reasonably indicate that such contamination may exist in or on the real property. Upon receipt of notice from the City or other entities, Developer shall investigate and rectify conditions which indicate the presence of or suspected presence of contamination on the subject property as identified by local, state, or federal agencies in order to comply with applicable laws. d) Developer shall at its expense, obtain and carry comprehensive general liability insurance with combined single limits of at least One Million Dollars ($1,000,000.00) per occurrence and at least Five Million Dollars ($5,000,000.00) aggregate, and at least One Million Dollars ($1,000,000.00) property damage (or such higher amounts as the City shall from time to time deem reasonable). Such policy shall cover both Developer and the City and its agents, employees, and officials. A certificate of Developer’s insurance shall be furnished to the City upon execution of this Agreement including separate endorsements naming the City as an additional insured, providing 30 days written notification of cancellation, naming the Developer’s insurance as primary and non-contributory and waiving any rights of subrogation as to the City. Such policy shall provide that no act or default of any person other than the City or its agents shall render the policy void as to the City or effect the City’s right to recover thereon. SECTION XIV: CITY RESPONSIBILITY FOR IMPROVEMENTS: The City shall not be responsible to perform repair or maintenance on any Improvements until the Improvements have been accepted by the City. SECTION XV: AGREEMENT FOR BENEFIT OF PURCHASERS: The Developer shall agree that in addition to the City's rights herein, the provisions of this Agreement shall be for the benefit of the purchaser of any lot in the Development. Further, that the sale of any lot or parcel shall not release the Developer from completing the Improvements provided for under this Agreement, by applicable Ordinances and as set forth in the plans and specifications on file in the Community Development Department. SECTION XVI: CONSTRUCTION PERMITS, ETC. The City shall, within its authority: 1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit the Developer to construct the Improvements in accordance with the plans and specifications called for by this Agreement, upon Developer's compliance with any deposit provisions or other requirements of the applicable ordinances or regulations. 2. Furnish the Developer such permits or easements as may be required to enter upon and install the previous described Improvements in any public street or public property. 3. Cooperate with the Developer in obtaining similar permits, resolutions and documents as may be necessary from other authorities having jurisdiction in the premises. 4. Make available to the Developer or their nominee, successors or assigns, permits for the construction of the building subject to the provision of Section XVII, Building and Occupancy Permits. 36 10 SECTION XVII: BUILDING AND OCCUPANCY PERMITS: It is expressly understood and agreed that no buildings permit shall be issued until the Public Works & Development Director or his designee has determined that: 1. Any negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Public Works & Development Director. 2. The Developer is not in default of any aspect of this Agreement. It is expressly understood and agreed that no occupancy permit shall be issued until the Public Works & Development Director or his designee has determined that: 1. A letter of credit or bond pursuant to the requirements herein remains on file to guarantee compliance with any other obligations under the agreement. 2. The Resolution of the dedication and acceptance of Improvements is approved by the City. 3. All parameters of Resolution #PC 062-2019 and #PC 060-2020 have been met to the satisfaction of the Planning Manager. 4. Any negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Public Works & Development Director. 5. The Developer is not in default of any aspect of this Agreement. SECTION XVIII: RESERVATION OF RIGHTS AS TO ISSUANCE OF BUILDING PERMITS: The City reserves the right to withhold issuance of any and all building permits if Developer is in violation of this Agreement, but no permits shall be unreasonably withheld. SECTION XIX: FINANCIAL GUARANTEES: 1. LETTER OF CREDIT: Concurrent with the execution of this Agreement by the City, the Developer shall file with the City a Letter of Credit, in the City Attorney approved form, setting forth terms and conditions in the amount of $727,632 which amount shall be approximately 120% of the estimated cost of improvements and other obligations pursuant to this Agreement. This shall be held by the City as a guarantee that the required plans and improvements will be completed by the Developer and its subcontractors no later than one (1) year from signing of the Agreement, except if another date is provided within this Agreement and as a further guarantee that all obligations to the subcontractors for work on the Development is satisfied and all other obligations pursuant to this Agreement have been satisfied. Instead of a Letter of Credit, Developer may deposit cash, a bond, a certified check or the equivalent in the same amount pursuant to the same terms and conditions as set forth in this Agreement. If at any time: a) If, the Developer is in default of any aspect of this Agreement, or b) The Developer does not complete the installation of the Improvements within one (1) year from the signing of this Agreement unless otherwise extended by this Agreement or by action of the City Council, or c) The letter of credit or bond on file with the City is dated to expire sixty (60) days prior to the expiration of the same if the same has not been extended, renewed or replaced, per the terms of this Agreement or 37 11 d) The Developer fails to maintain a letter of credit in an amount approved by Public Works & Development Director, and in a form approved by the City Attorney, to pay the costs of Improvements in the development per the terms of this Agreement, the Developer shall be deemed in violation of this Agreement and the City Council shall have the authority to draw upon the financial guarantee. 2. Invoices: Invoices documenting public Improvements addressed and not addressed in the Letter of Credit, but attributable to the subject development shall be provided to the City. 3. Reduction of Letter of Credit Balance: The Developer shall provide Public Works & Development Director or his designee with a written request accompanied by: invoices for work completed for which a release is being requested, breakdown of invoices in the format of the Public Improvement Cost Breakdown form and signed original lien waivers for all work which is subject of the release request. The Public Works & Development Director or his designee will process all requests in accordance with policies adopted by the Finance Committee, as may be amended from time to time. The Public Works & Development Director shall not, however, reduce the financial guarantee with regard to amounts necessary to ensure compliance with obligations of this Agreement that are not improvement construction costs, unless (1) the Developer proves full compliance with such issues to the satisfaction of the Public Works & Development Director; or (2) 14 months have passed from the date of substantial completion as determined in Wisconsin Statute 236.13(2)(am)(1)(c) and no claims have been made against the City or by the City against the Developer in that regard. 4. DEVELOPER'S DEPOSIT: The Developer shall maintain a $15,000.00 balance in the Developer's Deposit. No reduction of the Letter of Credit balance shall be entertained until the Developer's Deposit is satisfied unless otherwise authorized by the Common Council following a recommendation of the Finance Committee. Upon completion of the project, acceptance of improvements and payment of all project related costs, any unused balance remaining in Developer’s deposit account shall be returned to Developer. 5. PRESERVATION OF ASSESSMENT RIGHTS: a) Waiver of Notice. In addition to other remedies provided to the City by this Agreement, the City shall have the right, without notice or hearing, to impose special assessments for any amount to which the City is entitled by virtue of this Agreement relating to the Improvements or other Developer obligations pursuant to this Agreement. This provision constitutes the Developer’s consent to the installation by the City of all Improvements required by this Agreement and constitutes the Developer’s waiver of notice and consent to all special assessment proceedings as described in Section 66.0703(7)(b), Wis. Statutes. b) Remedies not exclusive. The City may use any other remedies available to it under the Agreement or in law or equity in addition to, or in lieu of, the remedies provided herein. SECTION XX: PARTIES BOUND: Developer or its assignees shall be bound by the terms of this Agreement or any part herein as it applies to any phase of the development. This section allows for the City to enforce the terms and conditions of this agreement against all such assignees, but does not grant rights to assignees absent the City’s written consent as described in Section XXII, Amendments and Assignment. Approval by the City shall not be deemed a waiver as the ultimate responsibility for the proper design and installation of streets improvements, drive and parking areas, drainage facilities, ditches, landscaping and all other improvements shall be the Developers. The fact that the City or it's engineers, or it's attorney, or it's staff may approve a specific project shall not constitute a waiver, or relieve the Developer from ultimate responsibility for the design, performance, and function of the Development and related infrastructure. 38 12 SECTION XXI: EXCULPATION OF CITY CORPORATE AUTHORITIES: The parties mutually agree that the Mayor and/or the City Clerk, entered into and are signatory to this Agreement solely in their official capacity and not individually, and shall have no personal liability or responsibility hereunder; and personal liability as may otherwise exist, being expressly released and/or waived. SECTION XXII: AMENDMENTS AND ASSIGNMENT: Developer shall not assign this Agreement without the written consent of the City. The City and the Developer, by mutual consent, may amend this Agreement, by written agreement between the City and the Developer. SECTION XXIII: NOTICES AND CORRESPONDENCE Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be effective upon being delivered personally or sent by prepaid United States Postal Service certified mail with return receipt requested, to all parties as follows: To City: Planning Division City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150-0749 (262) 679-4136 To Developer: PHW Muskego, Inc. 2845 Hamline Avenue Roseville, MN 55113 All notices shall be considered to have been delivered at the time such notices are personally delivered to each party, or three (3) days after the date of postmark on any prepaid certified letter. Parties to this Agreement shall give fifteen (15) days notice of any change of mailing address, telephone or facsimile number, or electronic mail address. Failure to provide said notice may constitute a default by the party. SECTION XXIV: RECORDING This Agreement shall be recorded against the development property and shall run with the land. 39 13 SECTION XXV: PARTIES TO THE AGREEMENT IN WITNESS HEREOF, Developer has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. A. PHW Muskego, Inc.: By: _______________________________ Its: ________________________________ STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this ____day of _____________,2021, ______________________________, to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public-State of _____________ My Commission Expires ___ IN WITNESS HEREOF, City has caused this Agreement to be signed by its appropriate officers and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. B. CITY OF MUSKEGO: BY: Richard R. Petfalski, Jr., Mayor BY: Sharon Mueller, City Clerk-Treasurer STATE OF WISCONSIN) SS WAUKESHA COUNTY ) PERSONALLY came before me this _____ day of ______________,2021, the above named Richard R. Petfalski, Jr., Mayor, and Sharon Mueller, City Clerk-Treasurer of the City of Muskego, to me known to be the persons executed the foregoing instrument, and to me known to be such Mayor and City Clerk-Treasurer of said municipal corporation, and acknowledged that they executed the foregoing instrument as such officers as the deed of said municipal corporation by its authority and pursuant to the authorization by the Common Council from their meeting on the ______ day of _____________, 2021. Notary Public-State of Wisconsin My Commission Expires 40 14 CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for Stair Crest, Muskego, Wisconsin, as entered into on the ____ day of _____________, 2021 by and between _________________________, and the City of Muskego, pursuant to the authorization by the Common Council from their meeting on the _____ day of ____________, 2021. BY THE COMMON COUNCIL ________________________ Sharon Mueller, City Clerk-Treasurer SUBSCRIBED AND SWORN TO BEFORE ME This ______day of ___________, 2021. My commission expires This instrument drafted by: Jeffrey J. Warchol, City Attorney City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150 41 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #093-2021 APPROVAL TO ALTER A PLATTED PRESERVATION EASEMENT Oakridge Glen Subdivision WHEREAS, A request was submitted by Paul and Jane Wagner to alter a platted preservation easement located in the SE ¼ of Section 3 (Tax Key Numbers 2172.062 and 2172.063/Lots 32 and 33 on Oakridge Lane in the Oakridge Glen Subdivision; and WHEREAS, The petitioners intend to combine Lots 32 and 33 within the subdivision in order to construct a residence; and WHEREAS, The alteration would remove 1,714 square feet of the existing preservation easement between the two lots and add 1,718 square feet of preservation easement along the outside offsets; and WHEREAS, Removing the preservation easement from between the two lots will allow for larger areas of preservation easement on the outsides of the combined lots; and WHEREAS, The Plan Commission adopted Resolution #P.C. 064-2021 recommending approval. 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 alteration of the platted preservation easement in the Oakridge Glen Subdivision as stated above. BE IT FURTHER RESOLVED That all of the restrictions listed on the plat remain applicable for the new preservation easement areas. DATED THIS 12th DAY OCTOBER 2021. SPONSORED BY: Ald. Eileen Madden This is to certify that this is a true and accurate copy of Resolution #093-2021, which was adopted by the Common Council of the City of Muskego. ________________________________ Deputy Clerk 10/2021jmb 42 RESOLUTION #P.C.064-2021 RECOMMENDATION TO COMMON COUNCIL TO ALTER A PLATTED PRESERVATION EASEMENT ON LOTS 32 AND 33 OF THE OAKRIDGE GLEN SUBDIVISION (TAX KEY NOS. 2172.062 AND 2172.063 / OAKRIDGE LANE) WHEREAS, A request was submitted by Paul and Jane Wagner for an alteration of the platted preservation easement located in the SE ¼ of Section 3 (Tax Key Numbers 2172.062 and 2172.063 / Lots 32 and 33 Oakridge Glen Subdivision / Oakridge Lane), and WHEREAS, Oakridge Glen Subdivision was approved with a preservation easement that encompassed a large wooded area within the subdivision area and allows disturbance within specific building pads on each residential lot, and WHEREAS, The petitioner will be combining lots 32 and 33 within the Oakridge Glen Subdivision in order to build their home, and WHEREAS, Between the two lots is an extension of the preservation easement that encompasses the standard offsets of the lots, and WHEREAS, The petitioners request would remove the 1,714 square feet of preservation easement between the two lots and add 1,718 square feet of preservation easement along the outside offsets, and WHEREAS, removing the preservation easement from between the lots allows for larger areas of preservation easement on the outsides of the combined lots, and WHEREAS, The Community Development Department does not see any problems with the requested easement modification as the original goals of preservation are maintained. THEREFORE BE IT RESOLVED, The Plan Commission approves the Platted Preservation Easement Alteration located in the SE ¼ of Section 3 ((Tax Key Numbers 2172.062 and 2172.063 / Lots 32 and 33 Oakridge Glen Subdivision / Oakridge Lane). BE IT FURTHER RESOLVED, All of the restrictions listed on the plat including the grading, stormwater and preservation easement remain applicable for the new preservation easement areas. BE IT FURTHER RESOLVED, A copy of said plans must be kept on file and that all aspects of this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission. BE IT FURTHER RESOLVED, 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. Plan Commission City of Muskego Adopted: Defeated: Deferred: Introduced: October 5, 2021 ATTEST: Adam Trzebiatowski AICP, Planning Manager 43 City of Muskego Plan Commission Supplement PC 064-2021 For the meeting of: October 5, 2021 REQUEST: Platted Preservation Easement Alteration Lots 32 and 33 of the Oakridge Glen Subdivision / Tax Key Nos. 2172.062 and 2172.063 SE ¼ of Section 3 PETITIONER: Paul & Jane Wagner INTRODUCED: October 5, 2021 LAST AGENDA: N/A PREPARED BY: Adam Trzebiatowski, AICP BACKGROUND PC 064-2021 The petitioner’s request is to alter the platted preservation easement on Lots 32 and 33 of the Oakridge Glen Subdivision. Originally the Oakridge Glen Subdivision was approved with a preservation easement that encompassed a large wooded area within the subdivision area and allows disturbance within specific building pads on each residential lot. DISCUSSION PC 064-2021 The intent of the petitioner is to combine lots 32 and 33 within the Oakridge Glen Subdivision in order to build their home. The design of the home is too wide for a single lot, hence the need for two lots. Between the two lots is an extension of the preservation easement that encompasses the standard offsets of the lots. The petitioners request would remove the 1,714 square feet of preservation easement between the two lots and add 1,718 square feet of preservation easement along the outside offsets. The total square footage of the preservation easement will remain essentially the same (within 4 square feet) but would create somewhat larger preservation easement areas on either side rather than a 35’ strip in the middle of two lots. The Planning Division does not see any major problems/issues with the requested platted preservation easement alteration. In fact, removing the preservation easement from between the lots allows for larger areas of preservation easement on the outsides of the combined lots. All of the restrictions listed on the plat including the grading, stormwater and preservation easement remain applicable for the new preservation easement areas. As such, staff is recommending approval of the easement alteration. STAFF RECOMMENDATION PC 064-2021 Approval of Resolution PC 064-2021 44 SCALE: 1:20 SCALE: 1:20 SCALE: 1:20 15 0 N O R T H S U N N Y S L O P E R D S T E 2 5 0 BR O O K F I E L D , W I 5 3 0 0 5 ( 2 6 2 ) 7 8 7 - 1 7 0 1 1 45 To: Planning Commission From: Paul and Jane Wagner Date: September 19, 2021 Re: Proposed combination of Lots 32 and 33 in Oakridge Glen Subdivision • Paul and Jane Wagner (“The Petitioners”) have submitted an Offer to Purchase Lots 32 and 33 in Oakridge Glen Subdivision. • The Offer to Purchase is contingent on the ability to combine Lots 32 and 33 into a single parcel. • The Petitioners wish to build a single-family residence on the combined lots. • The Petitioners are working with an architect to prepare the house design. • It is anticipated that the width of the house will exceed the width of the building envelope of a single lot and, therefore, the Petitioners wish to combine the lots into a single parcel and place the house across the lot line between Lots 32 and 33. • The existing plat map includes a preservation easement spanning the entire width of Lots 32 and 33 along the rear of each lot. • The existing plat map additionally includes a preservation easement of approximately 1714 ft2 extending forward from the rear-spanning preservation easement between the building envelopes on Lots 32 and 33. • Combining Lots 32 and 33 would require that the existing preservation easement between the building envelopes be vacated. • To compensate for vacating the preservation easement between the building envelopes, The Petitioners propose the addition of two new preservation easements totaling approximately 1718 ft2. • A first additional preservation easement would extend along the left side of the building envelope on what is presently Lot 32 and have a width of 7 feet. • The approximate size of the first additional preservation easement is 567 ft2. • A second additional preservation easement would extend along the right side of the building envelope on what is presently Lot 33. • The second additional preservation easement would have a width of 12 feet toward the rear of the building envelope and extend forward to the front of the building envelope. 46 2 • Because the existing plat map for Lot 33 has a partial preservation easement between Lots 33 and 34, the width of the second additional preservation easement would be 21 feet toward the front of the building envelope. • The approximate size of the second additional preservation easement is 1151 ft2. • The left side of Lot 32 has an existing preservation easement of 20 feet and the right side of Lot 33 has an existing preservation easement of 15 feet. • The combination of the existing preservation easement and the additional preservation easements will result in 27 total feet of preservation easement along each side of the combined parcel. • A drawing of the two proposed preservation easements is attached. • Additionally, there is presently a utility easement having a width of 12 feet extending into the front portion of the lots between Lot 32 and Lot 33 as well as between Lot 33 and Lot 34. • A utility pad is present in the utility easement between Lot 32 and Lot 33. • WE Energies is able to relocate the utilities to the utility easement between Lot 33 and 34 and will vacate the bump out portion of the utility easement extending between Lot 32 and Lot 33. • Upon approval of the proposed combination of Lot 32 and 33, the revised preservation easement, and the revised building envelope, a condition to the Petitioners’ offer to purchase will be satisfied. • The Petitioners will then work with the City of Muskego to combine the two parcels into a single parcel in accordance with the attached drawing. 47 OAKRIDGE LN CHAMBER LAIN HILL DR COYOTE TRL CHESTNUT RIDGE CT WC Land Information Office, WLIP, SEWRPC, Ayres Associates I Agenda Item(s) Right-of-Way Properties 0 100 200 Feet Paul & Jane WagnerLot 32 & 33 Oakridge Lane RESOLUTION #PC 064-2021Supplemental Map Prepared by City of Muskego Planning Department 48 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #094-2021 ESTABLISHING WARD BOUNDARIES USING 2020 CENSUS FIGURES WHEREAS, Section 5.15 of the Wisconsin Statutes, requires every City, Village, or Town over 1,000 in population, to be divided into wards, according to the final published results of the most recent federal census, and WHEREAS, City staff has divided the City into wards making a good faith effort to accommodate the “Tentative Supervisory District Plan” and creating a plan that permits the creation of lawful county supervisory districts and municipal aldermanic districts. NOW, THEREFORE, BE IT RESOLVED By the Common Council of the City of Muskego, Waukesha County, Wisconsin, that the division of the City into 16 wards, as shown on the Official Ward Map is hereby approved and attached hereto and incorporated herein by reference. BE IT FURTHER RESOLVED That this resolution shall be filed with the City Clerk, who shall transmit a copy to the County Clerk and the Legislative Reference Bureau within five days of adoption. DATED THIS 12th DAY OF OCTOBER 2021 SPONSORED BY: Mayor Rick Petfalski This is to certify that this is a true and accurate copy of Resolution #094-2021, which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 10/12sem 49 1-11-2 1-32-4 2-5 2-6 3-7 3-8 4-9 4-10 5-11 5-12 6-13 6-14 7-15 7-16 RACINE AVE DURHAM CT LANNON DR M O O R L A N DRD DURHA M PL PIONEER DR S DENOON RD FIEL D DR RYAN DR BOXHORN DR S 124TH ST M C S H A N E DR TA N S D R J A N E S VIL L E RD HENNEBERRY DR TESSCORNERSDR DURHAMDR KELSEY DR NORTH CAPE RD UNION CHURCH DR MUS KEGO DAM D R L O O M I S R D COLLEGE AVE HILLENDALE DR CROW BAR D R W O ODS RD Proposed RedistrictingSM Plan 3 Coordinate System: SPCS Wisconsins South (4803) Projection: Lambert Conformal ConicDatum: NAD83 National Spatial Reference System 2011Map Units: Foot USMap Revised: 10/5/2021 0 1 20.5 Miles F Disclaimer: The data presented in this map has been arrangedfrom various sources, each of which can cause varying degreesof inaccuracies or inconsistencies. Such discrepancies in dataare inherent and in supplying this product to the public theCity of Muskego assumes no liability for its use or accuracy.For questions or comments regarding oversight, adjustments,or updates please visit CityOfMuskego.org/directoryfor contact information. Ward B oundaries Aldermanic D istricts 123 456 7 50 CITY OF MUSKEGO PROPOSED REDISTRICTING PLAN 1 SPLIT DISTRICT 23 24 13,537 11,495 1 1,183 2 1,223 3 1,312 1 3,718 3,718 4 1,531 5 1,723 6 1,338 2 4,592 4,592 7 1,455 8 1,662 3 3,117 3,117 9 1,579 10 1,639 4 3,218 3,218 11 1,614 12 2,052 5 3,666 3,666 13 1,494 - 1,494 14 1,991 6 3,485 1,991 - 15 1,758 16 1,478 7 3,236 3,236 Total 25,032 25,032 13,537 11,495 Supervisory Wards Districts 51 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #095-2021 ACCEPTANCE OF HR AUDIT SERVICES PROPOSAL AS SUBMITTED BY MRA WHEREAS, The City’s 2021 Operating Budget included funds for a full-time Human Resources position to be filled in the fourth quarter; and WHEREAS, The Common Council determined that other options should be explored to fill the City’s HR needs; and WHEREAS, MRA gave a Power Point presentation at the September 23, 2021 Committee of the Whole Meeting to reflect how the company could meet the City’s HR needs; and WHEREAS, At the September 23, 2021 Committee of the Whole Meeting, it was determined that an HR Audit should be done; and WHEREAS, MRA has submitted the attached HR Audit Services Proposal, which the Finance Committee has recommended be approved by 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 accept the attached HR Audit Services Proposal submitted by MRA. BE IT FURTHER RESOLVED That the Mayor is authorized to accept the Proposal on behalf of the City and the City Attorney is authorized to make substantive changes as may be necessary in order to preserve the general intent thereof. DATED THIS 12th DAY OF OCTOBER 2021. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #095-2021, which was adopted by the Common Council of the City of Muskego. Clerk-Treasurer 10/21jmb 52 September 28, 2021 HR Audit Services Proposal For City of Muskego Prepared by: Deidre Garrett Director, HR Services & Organization Development Deidre.Garrett@mranet.org 262.696.3677 53 Overview The City of Muskego is considering an HR Audit to review their HR function. In addition, they would like MRA to meet with their leaders in all departments to determine what they need from HR and what improvements need to be made. The City of Muskego has requested a proposal for MRA to review their HR processes, help implement solid procedures, and provide the organization with a playbook for HR for the organization. Approach MRA has experienced HR Business Partners who are skilled HR professionals. MRA hires only the most talented HR professionals to be our employees. These are individuals who generally have a minimum of 15 years of progressive HR experience in diverse environments. They are practitioners who have experienced a wide range of HR situations and successfully developed solutions based on the needs of the organization. MRA will assign an HR Business Partner to conduct the HR Audit for the City of Muskego. Our audit will cover the degree to which your organization is meeting its obligations under basic federal and state HR requirements. The HR Audit will cover the following areas: • Recruitment & Selection • Employment Activities • Recordkeeping • Wage and Hour Requirements • Leaves of Absence Why MRA? MRA is ideally suited to partner with the City of Muskego. MRA is an employers’ association that has focused on HR for over 115 years. HR is our business and our experience developing, establishing, maintaining, and improving the HR function is vast. MRA has significant history and depth of experience in successfully providing human resource services to our members. As one of the largest non-profit employer associations in the U.S. today, we serve 4,000 employers covering 800,000 employees. What sets us apart is our commitment to work with you to provide flexible, tailored services that are based on the unique requirements of your bu siness. Our experience is extensive, and we are dedicated to helping our members create great environments for their leaders and their employees. MRA’s HR Audit is a ‘snap-shot’ of your current methods and offers you the opportunity to self-correct. The audit identifies potential liabilities and areas for improvement in your HR function. When the HR Audit is completed, your assigned HR Business Partner will provide you with a report outlining the compliance gaps and areas that need to be addressed. They will also work with you to develop any needed enhancements or additional resources. 54 MRA can provide ongoing HR Business Partner support after the HR Audit is completed to ensure all gaps identified are corrected. Our HRBP’s are solid technical contributors who excel in meeting our member’s unique needs. They help with the day-to-day blocking and tackling as well as seeing your “big picture” through completion. They also understand the importance of HR driving business and strategy formation, partnering with all functions of an organization, and designing and creating strategies and action plans. Each of our HRBP’s are capable of supporting in a variety of areas including, but not limited to: • Developing employee policies and procedures • Creating and revising job descriptions • Developing strategic human resources plans • Administering benefits and coordinating open enrollment activities • Coaching management and staff • Identifying risks and improvement opportunities • Writing and evaluating employee handbooks and manuals • Administering onsite training on various HR topics • Managing HR projects from beginning to end • Developing change management processes and strategies • Analyzing sensitive HR issues and recommending appropriate response plans Investment MRA bills for actual hours worked. This rate is guaranteed through 202 1. Based on the current scope of the project, we estimate our professional fees as follows: Service Duration of Time Member Rate HR Audit 40-60 Hours $5,200 - $7,800 HR Business Partner Support Ongoing (3 days a week for 6 months) $95 per hour Travel Costs Additional expenses may include mileage at the standard IRS rate, and travel time at $60 per hour for locations outside of a 20 mile/30-minute radius of MRA’s office location. MRA passes through actual expenses for hotel accommodations and meals. Payment Terms MRA invoices monthly with payment due in 30 days. 55 Hire Away Fee MRA invests in the careers, talents, and experience of our professionals. Over time, they become a valuable, trusted business partner and strengthen our members’ business. Seeing first -hand the talents of our people, the organizations with whom we partner, on occasion, seek to hire a n MRA employee during an assignment or shortly thereafter. This impacts MRA’s ability to serve other members in the association who also use and value our professionals. If your organization hires an MRA employee during this assignment, or within six mon ths of the assignment’s completion, a one- time $30,000 fee is assessed to cover the cost of replacing this valuable member resource. About MRA You have humans. We have resources. ™ We serve 4,000 organizations annually covering nearly 1,000,000 employees in the areas of: • HR Services • Total Rewards • Learning & Development • Talent Management MRA Code of Ethics - https://www.mranet.org/about-mra#code-of-ethics Guaranteed. Absolutely. MRA is dedicated to providing exceptional results. We’re proud of it and back it up with a promise of complete satisfaction and a money back guarantee. 56 800.488.4845 www.mranet.org Wisconsin Minnesota Illinois Iowa Inspiration “To handle yourself, use your head; to handle others, use your heart.” —Eleanor Roosevelt Cultivating positive employee relations through effective human resource practices drives Kris. Her ability to establish and maintain effective relationships allows her to assist managers and employees with often difficult and sensitive issues. Expertise As a Senior Professional in Human Resources (SPHR) and SHRM Senior Certified Professional (SHRM-SCP), Kris has a long and varied history of providing HR leadership and facilitating organizational change in manufacturing, nonprofit, transportation, and higher education environments. She is an experienced HR professional with a generalist background including employee relations, development and implementation of policies and programs, talent acquisition, training, organization development, safety, worker’s compensation, benefits, wellness, compensation, and payroll. She has been instrumental in identifying needs, collaborating with management to develop solutions, and bringing organizations into compliance and within HR standards. Key Accomplishments • Managed integration of human resource processes during merger of two organizations including creation of new policies, employee handbook, and benefit programs. • Designed and delivered online and in-person training on OSHA standards and safety procedures, self-assessment process, and other professional development topics. • Controlled costs by actively monitoring worker’s compensation and unemployment claims • Successfully maintained nonunion status during union organization drive. Education Kris holds a Master of Arts degree in Adult Education/Organizational Development from Alverno College. She earned a Bachelor of Arts degree in Communication Arts from the University of Wisconsin–Madison. Professional Activities Kris is an active member of the Society of Human Resources Management (SHRM) and its local chapter, Metro Milwaukee SHRM. She previously served as a Board Member of Metro Milwaukee SHRM and was cochair and facilitator for their certification program. Kris Tominsek, SPHR, SHRM-SCP HR Business Partner Direct: 262.696.3418 Kris.Tominsek@mranet.org 57 APPROVED CITY OF MUSKEGO PLAN COMMISSION MINUTES 09/07/2021 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 PM PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Petfalski, Alderman Madden, Commissioners Bartlett, Buckmaster and Gazzana, Planner Trzebiatowski. Absent: Graf and Oliver. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws. APPROVAL OF THE MINUTES Approval of the Minutes from the July 15, 2021 meeting. Approval of the Minutes from the August 3, 2021 meeting. Commissioner Buckmaster made a motion to approve the minutes. Commissioner Gazzana seconded. Motion to approve passed unanimously. CONSENT BUSINESS RESOLUTION PC 059-2021 Approval of a Two-Lot Extraterritorial Certified Survey Map for the Kintop property located in the Town of Norway. Alderman Madden made a motion to approve the consent business. Commissioner Bartlett seconded. Motion to approve passed unanimously. NEW BUSINESS FOR CONSIDERATION RESOLUTION PC 056-2021 Approval of an Annual Review for Frey Auto located at S106 W16301 Loomis Road / Tax Key No. 2293.996.002. 58 Planner Trzebiatowski provided a history of this annual review. Frey Auto has been in the current location since 2011 and have been subject to annual reviews. Over the past few years there has been more non- compliance. Beginning with the 2019 annual review there has been repetitive non-compliance of the site. Additional reviews/site inspections have occurred via six-month, three month and monthly reviews/inspections. Violations found continually include vehicles parked in unmarked areas, vehicles double and triple parked making access difficult, vehicles parked in drive aisles, vehicles parked on grass, vehicles parked on an adjacent property that we believe belong to this business, junk vehicles on the site which is not allowed, across the street and car parts stored in various locations on-site. Violations were found on each monthly site visit. Based on the history of the site inspections, there are two options as noted by staff. First is issuing a citation backdated to March 22, 2021. The citation is not an automatic fine, but this would start the process of going through the court system. A second option would be to begin the process to terminate the Conditional Use Grant (CUG). This would include the Plan Commission recommending a Public Hearing in front of the Common Council and then it would be their decision to terminate the CUG. Mr. Frey explained that he is frustrated due to the letters being sent. One month is not enough time. Something has to be changed. He had a storage location across the street, but after they were told the cars must be removed and so the cars went to the gas station. He had an official storage site and was paying rent and Mr. Frey doesn’t care if it was legitimate. He met with a general contractor that built his current building. That general contractor was immediately shut down by the City to pave the remaining area of the lot. The contractor also gave him another plan with fencing but he does not want any fencing. He spoke with Alderman Madden about buying the gas station. He would be lying if he said there would be less cars in a month. The only plan he thinks will work is to buy the gas station and put a fence around it. He can’t move the cars to another City. If he paid $2000 per car he’s not going to junk them for $500. He’s trying to make progress on the number of cars. Mayor Petfalski said that he is trying to hope the problem goes away without a plan. The last thing the Plan Commission wants to do is to fining or beating up on businesses but there is no improvement month to month. The area is not zoned for a junkyard. This area will be the next viable business route to expand businesses. Commissioner Gazzana said that he is buying more cars than selling. Planner Trzebiatowski said that when the contractor discussed this with him, he explained that the Plan Commission may not allow expanding the parking stalls when the sales portion is not the issue, but rather it is the parts cars, or whatever they are, are the issue. In fact, the sales area looks good and hasn’t been part of the issue. Alderman Madden did suggest that he purchase the gas station. At the moment it is the perfect spot and with a nice fence it wouldn’t be horrible and when everything gets settled on his property he can sell it to someone else. He has a successful business, but just doesn’t plan things out well. Mayor Petfalski added that he is not suggesting that the Plan Commission design his solution, but rather here to react to what is presented. The Mayor went over the options including 1. Do nothing, 2. Fine him, 3. Move on his conditional use, or 4. Give him some time to come up with a plan and come back to the Plan Commission. Planner Trzebiatowski explained that with a citation to get some teeth behind decision, then Mr. Frey has mutually agreed upon milestones and the court can work on the timeframe to ensure that Mr. Frey follows a plan. Commissioner Gazzana explained that there has to be a specific plan with benchmarks with significance to ensure the plan is followed. Mr. Frey asked about the property next door. Planner Trzebiatowski explained that if used to store cars it is not a sales operation, but rather acting as a big salvage yard. 59 Commissioner Buckmaster loves that he is successful, but we expect everyone to play by the rules. The best route would be a plan, but not sure the Plan Commission is the body to decipher how it is cleaned as that would be the court. He is not interested in moving forward with a recommendation to terminate the CUG. Commissioner Gazzana asked if the Plan Commission move forward with citation could a written plan be included. Planner Trzebiatowski said that yes, but we could go through with the citation but not put the court date next month. Commissioner Buckmaster said that this is a plan developed by Mr. Frey not the Plan Commission. Mr. Frey needs to come up with a plan with milestones. Planner Trzebiatowski discussed how a citation process would likely work in providing Mr. Frey time to clean up the property with minimal fine as well as the scenario of what happens if Mr. Frey does not comply with the court order. Mayor Petfalski said another option would be to give Mr. Frey a month to come back with a plan to that the Plan Commission can help with benchmarks and he can move forward with. If the benchmarks are met, everyone can move on, but if not then it would go the citation route. Alderman Madden made a motion to approve Resolution PC 056-2021. Commissioner Bartlett seconded. Commissioner Buckmaster made a motion to defer PC 056-2021 until October 5, 2021. Alderman Madden seconded. Motion to defer passed unanimously. RESOLUTION PC 057-2021 Recommendation to Common Council for to Rezone a property from RS-1 – Suburban Residence District to RS-2 Suburban Residence District of the property located at S81 W20871 Russet Court. Planner Trzebiatowski provided an overview of the project. The process has been modified due to Waukesha Freeman publishing capabilities and the statutory requirements of a rezoning. This is in front of the Plan Commission prior to the Public Hearing. This was before the Plan Commission previously as a conceptual review. Overall the proposal is from RS-1 to RS-2 with ten lots and one outlot for stormwater management. Ms. Bolton, W186 S7543 Kingstone Drive, explained that she is against going from RS-1 to RS-2 as most of the properties around this property are RS-1. This is more of the rural area not the downtown. The wetland fill goes before the DNR. The water from the stormwater pond will need to go somewhere. The lots would essentially be cut in half from 40,000 sq. ft. to 20,000 sq. ft. Jon Marek, the developer, clarified that the rezoning would go from 30,000 sq. ft. lots to 20,000 sq. ft. lots and would go cause the development to go from eight lots to ten lots making the development more economically feasible. For the stormwater, they believe the existing pond to be man-made but it is filled with invasive species. The new pond on the low point of the property would be located in the southeast corner of the property. They would be able to fill 10,000 square feet of wetlands now, but would be asking to be able to fill 5,000 more square feet from the DNR. The existing wetlands are actually up on the higher portion of the land. Commissioner Buckmaster was calculating 8 lots with RS-1 and 10 lots with RS-2. Nick Wegner, W208 S8119 Hillendale, said he has no problem with a subdivision but rather he does have an issue with how it is laid out. He owns property next door and he asked 11 years ago and was told that he would not be able to rezone his property to subdivide his six acres. He hunts and uses his property for conservation. The pond area actually fills up every year. The statement that the wetland area is high is incorrect according to a survey and his property. If that wetland is filled the water will go towards another property. By Wisconsin DNR rules, if a house is placed on each lot he loses his ability to do what he purchased the property for 11 years ago. He does not agree with rezoning. 60 Commissioner Gazzana wanted confirmation that now he could do eight lots, but with rezoning he could develop ten lots. Confirmed by the developer. Mayor Petfalski interjected that even if the rezoning is approved, all of the grading, drainage and stormwater will be reviewed by the engineering department. Julie Strande, S81 W20871 Russet Court, owns this property and her parents built the house 18 years ago. She can attest that there are very few years that the wetland area fills up. Commissioner Bartlett made a motion to approve Resolution PC 057-2021. Commissioner Gazzana seconded. Motion to approve passed unanimously on a roll call vote 5-0. PC 058-2021 Discussion of Conceptual Land Division for John Wahlen of the Glen at Park Highland, LLC. located at S66 W17626 Martin Drive / Tax Key Nos. 2173.995, 2173.996.001 and 2173.995.001. Planner Trzebiatowski provided an overview of the conceptual plan. Historically it was the Nike Missile control site and more recently the Reynolds Machine Shop. The proposal includes 45-lot single family subdivision with four outlots. Overall, normal single-family lots but set up like a condo with amenities like a clubhouse, pool, bocce court and association fees would include yard maintenance and snow. They are asking for a Planned Development based on the RS-3 zoning district. Waivers would include lot size (10,000 sq. ft.); lot width (80 feet); 25’ front setback; 10 percent floor area ratio, and 65% lot area as open space. The developer is also looking for excess right of way and to expand the pond in Park Arthur for stormwater. Deb Bolton, W186 S7543 Kingstone Drive, is opposed to the development. Reasons include RS-3 and then going with 2/3rds of the lot size; redirecting storm water into the City’s pond and maintenance responsibility; the Comprehensive Plan is not spelled out to not be this dense and this is what is approved right now; Kirkland Crossing next door is RS-2 and what is proposed is too dense; and the Martin Drive right of way was there for a reason and she is in constant fear driving that curve and there may be a need to widen Martin Drive. Commissioner Buckmaster explained that this is excessively dense for the area. Commissioner Gazzana likes the idea of the amenities but has serious issues with 10,000 sq. ft. minimum and with the small lot you would need 35% floor area to fit the house. Commissioner Bartlett has considerable issues with density especially being a former resident of Copper Oaks across the street. Alderman Madden likes everything about except the size of the lots. Mayor Petfalski loves the concept. Kirkland Crossing rezoning was a struggle being approved and this is half of that development. John Wahlen, the developer explained that they overspent on the property to ensure that the ground was properly cleaned from the previous industrial use. A video presentation was shown where Mr. Wahlen he pointed out a similar development in Cedarburg with similar lot sizes, ponds/fountains and plantings, lack of fences with a clubhouse and pool. Mr. Wahlen explained they are not trying to shift burden or expense of the pond, but rather to enlarge the existing and make it nicer. Trying to develop something that is sharp and classy and a little different that what is next door. The same size lots are not necessary along the entire northern portion of the City. Mayor Petfalksi explained that the Plan Commissions reluctance to this development is not due to the fact that it is a quality development. The amenities are nice and everyone seems to like the that aspect but 61 that doesn’t mean that it fits into this community. It is this size and this density that has no room in the Code right now and there doesn’t seem to be the willingness to include something like this in the Code. Alan Peters, of the development team explained this would be a fee simple neighborhood where owners own individual lots with the services of a condo association. As a condo neighborhood, the lot size discussion is in the background as the entire lot is looked at as a whole development. MISCELLANEOUS BUSINESS ADJOURNMENT Commissioner Buckmaster made a motion to adjourn. Commissioner Gazzana seconded. Motion to adjourn passed unanimously. Respectfully Submitted, Aaron Fahl, AICP Associate Planner 62 CITY OF MUSKEGO APPROVED FINANCE COMMITTEE MINUTES September 14, 2021 4:50 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 4:50 p.m. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Committee Members Alderpersons Wolfe, Kubacki, and Madden. Also present: Alderpersons Hammel, Terrence and Engelhardt; City Attorney Warchol; Public Works and Development Director Kroeger; Lead Planner Trzebiatowski; Police Chief Westphal; Sergeant Monreal; Finance Director Mueller; Assistant Finance Director Mustapich; Library Director Larson; IT Director Louden; Deputy Clerk Blenski and Assistant Deputy Clerk Roller. PUBLIC MEETING NOTICE The Assistant Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law. APPROVAL OF MINUTES August 24, 2021 Alderperson Madden moved to approve. Alderperson Wolfe seconded; motion carried. LICENSE APPROVALS Recommend Approval of Outside Dance Permit for Tail Spin Bar, S64 W18295 Martin Drive, as follows: • Thursdays, September 16, 23, & 30, October 7, 14, 21, & 28 of 2021 - 6:30 pm to 9:30 pm (Music/Comedy) • Saturday, October 16, 2021 - 12:00 pm - 11:00 pm (Fall Fest) Alderperson Kubacki moved to recommend approval. Alderperson Wolfe seconded; motion carried. NEW BUSINESS Recommendation Regarding Eligibility for Exemption from the County Library Tax Levy for 2022. Alderperson Kubacki moved to recommend approval. Alderperson Madden seconded; motion carried. Recommend Approval of Bond Reduction for Home Path Financial LP (Cobblestone). Alderperson Madden moved to recommend approval. Alderperson Wolfe seconded; motion carried. 63 Finance Committee – September 14, 2021 2 Recommend Letter of Credit Reduction for PEGARL LLP. Alderperson Wolfe moved to recommend approval. Alderperson Kubacki seconded; motion carried. VOUCHER APPROVAL Utility Vouchers: $65,820.00. Alderperson Kubacki moved to recommend approval of Utility Vouchers in the amount of $65,820.00. Alderperson Wolfe seconded; motion carried. General Fund Vouchers: $808,167.60. Alderperson Kubacki moved to recommend approval of General Fund Vouchers in the amount of $808,167.60. Alderperson Madden seconded; motion carried. Wire Transfers for Payroll/Invoice Transmittals: $363,870.82. Alderperson Kubacki moved to recommend approval of Wire Transfers in the amount of $363,870.82. Alderperson Wolfe seconded; motion carried. FINANCE DIRECTOR'S REPORT None COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW None ADJOURNMENT Alderperson Wolfe moved to adjourn at 4:53 p.m. Alderperson Madden seconded; motion carried. Minutes taken and transcribed by Assistant Deputy Clerk Roller. 64 Council Date October 12, 2021 $1,849,672.66 Total Voucher Approval $10,701.00 Total Water $10,701.00 38,935.34 Total Sewer $38,935.34 $ #1 - Utility Voucher Approval Tax Vouchers - Refunds & Tax Settlements (Approve Separately) $ ( $ #2 - Tax Voucher Approval $1,800,036.32 ( Total General Fund Vouchers $ #3 - General Voucher Approval $ $ Debt Service $ $382,684.33 #4 - Wire Transfers Approval Check #Amount Check #Amount 160378 913.00$ Total *** Total 913.00$ *Total *** 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 1,800,036.32 Big Muskego Lake Vouchers Development Fund Vouchers Net Total Utility Vouchers 49,636.34 Tax Vouchers Tax Void Checks Total Tax Vouchers - Sewer Wire Transfers Total Vouchers All Funds Utility Vouchers (Approve Separately) Water Vouchers Water Wire Transfers Sewer Vouchers 65 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 1 Report dates: 9/29/2021-10/12/2021 Oct 07, 2021 03:07PM 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 0006579 1 Invoice CONTAINER SVC-CH 09/28/2021 10/12/2021 54.00 1021 100.01.06.00.5701 0006579 2 Invoice CONTAINER SVC-PD 09/28/2021 10/12/2021 45.00 1021 100.02.20.01.5723 Total ABRAHAM'S ON-SITE SHREDDING SERVICE:99.00 ABT MAILCOM 40328 1 Invoice RETURN ENVELOPES 09/23/2021 10/12/2021 28.70 921 601.61.63.42.5701 Total ABT MAILCOM:28.70 AFLAC GROUP INSURANCE A167924900 2 Invoice ACCIDENT 09/30/2021 10/12/2021 300.72 1021 100.00.00.00.2247 A167924900 1 Invoice SHORT TERM DISABILITY 09/30/2021 10/12/2021 1,307.54 1021 100.00.00.00.2243 A167924900 3 Invoice CRITICAL ILL 09/30/2021 10/12/2021 34.18 1021 100.00.00.00.2248 Total AFLAC GROUP INSURANCE:1,642.44 ALDRIDGE ELECTRIC 99754 1 Invoice T&MACTUAL 09/14/2021 10/12/2021 626.50 921 100.01.09.00.5415 Total ALDRIDGE ELECTRIC:626.50 AMAZON CAPITAL SERVICES 113R-VF16-N4 1 Invoice EXTERNAL HARD DRIVE 09/28/2021 10/12/2021 68.50 921 100.02.20.01.5722 13QW-W6WV-1 Invoice HOT SPOT CASE 09/18/2021 10/12/2021 25.98 1021 100.05.71.00.5702 16DK-4RX4-3N 2 Invoice BAGS 09/17/2021 10/12/2021 32.99 1021 100.05.71.00.5702 16DK-4RX4-3N 1 Invoice MASKS 09/17/2021 10/12/2021 27.00 1021 100.05.71.00.5703 16DK-4RX4-JX 1 Invoice BOOKS 09/19/2021 10/12/2021 40.24 1021 100.05.71.00.5774 16K9-DVNG-Y 1 Invoice 3 RING BINDER 09/17/2021 10/12/2021 53.64 921 100.02.20.01.5701 1FLH-Q6Y4-7Q 1 Invoice TAB DIVIDERS 09/30/2021 10/12/2021 30.22 1021 100.02.20.01.5701 1GCX-3NXG-9 1 Invoice TONER CARTRIDGE 09/27/2021 10/12/2021 37.99 921 100.02.20.01.5610 1KQJ-76JX-MJ 1 Invoice USB FLASH DRIVES, EXT HARD D 09/28/2021 10/12/2021 371.30 921 100.02.20.01.5722 1M6N-QYG7-J 1 Invoice ENVELOPES 09/16/2021 10/12/2021 15.99 921 100.02.20.01.5701 1N4D-RHTT-R 1 Invoice AV 09/26/2021 10/12/2021 19.22 1021 100.05.71.02.5711 1NMG-4Q6K-9 1 Invoice NINTENTO SWITCH 09/15/2021 10/12/2021 90.15 1021 100.05.71.03.5711 1P4T-63JM-LQ 1 Invoice NINTENTO SWITCH GAME 09/19/2021 10/12/2021 40.75 1021 100.05.71.03.5711 1QLX-LNMX-4 1 Invoice END TAB FILE FOLDERS 09/30/2021 10/12/2021 52.98 1021 100.01.03.00.5701 1R74-NMCP-D 1 Invoice END TAB FILE FOLDERS 09/28/2021 10/12/2021 35.48 1021 100.02.20.01.5701 Total AMAZON CAPITAL SERVICES:942.43 AT & T 9492207604 1 Invoice MONTHLY PRI-09/19/2021 10/12/2021 776.50 921 100.01.06.00.5601 Total AT & T:776.50 BAKER & TAYLOR COMPANY 0003247253 1 Invoice PRINT 09/15/2021 10/12/2021 16.24-1021 100.05.71.01.5711 66 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2 Report dates: 9/29/2021-10/12/2021 Oct 07, 2021 03:07PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 2036202356 1 Invoice PRINT 09/15/2021 10/12/2021 451.66 1021 100.05.71.01.5711 2036211959 1 Invoice PRINT 09/21/2021 10/12/2021 412.38 1021 100.05.71.01.5711 50172361384 1 Invoice PRINT 09/22/2021 10/12/2021 35.03 1021 100.05.71.01.5711 5017245455 1 Invoice PRINT 09/15/2021 10/12/2021 109.80 1021 100.05.71.01.5711 Total BAKER & TAYLOR COMPANY:992.63 BAKER & TAYLOR ENTERTAINMENT H56278430 1 Invoice AV 07/20/2021 10/12/2021 17.99 1021 100.05.71.02.5711 H57617020 1 Invoice AV 09/22/2021 10/12/2021 50.38 1021 100.05.71.02.5711 H57652060 1 Invoice AV 09/22/2021 10/12/2021 14.39 1021 100.05.71.02.5711 H57652700 1 Invoice AV 09/23/2021 10/12/2021 .00 1021 100.05.71.02.5711 H5767021 1 Invoice AV 09/22/2021 10/12/2021 21.59 1021 100.05.71.02.5711 Total BAKER & TAYLOR ENTERTAINMENT:104.35 BANDT ENGINEERING CORP 1 / BEC JOB 2 1 Invoice GUTTERS AND DOWNSPOUTS-AP 10/04/2021 10/12/2021 9,810.00 1021 601.00.00.00.1903 Total BANDT ENGINEERING CORP:9,810.00 BMI 41044282 1 Invoice MUSIC LICENSING FEE - 9/1/21-8/09/02/2021 10/12/2021 368.00 921 100.05.72.10.5305 Total BMI:368.00 BPI COLOR 0025808 1 Invoice KIP METER READ 9/27-10/26/21 09/27/2021 10/12/2021 4.58 921 100.06.18.01.5704 Total BPI COLOR:4.58 BURMEISTER,GREG BU/101221 1 Invoice LANDFILL MEETING 10/04/21 10/05/2021 10/12/2021 50.00 1021 207.01.00.00.6055 Total BURMEISTER,GREG:50.00 CDW GOVERNMENT, INC K498877 1 Invoice HP TONER 09/09/2021 10/12/2021 206.99 1021 100.01.05.00.5701 Total CDW GOVERNMENT, INC:206.99 CHAPPELL SPORTS 21735 1 Invoice MEMORIAL SHIRTSS 09/13/2021 10/12/2021 170.00 921 100.05.72.13.5702 21737 1 Invoice TOURNAMENT SHIRTS 09/20/2021 10/12/2021 162.00 921 100.05.72.13.5702 21749 1 Invoice LIL BUCKS SHIRTS 10/02/2021 10/12/2021 75.00 1021 100.05.72.13.5702 Total CHAPPELL SPORTS:407.00 CITY PRESS, INC 204215 1 Invoice BUSINESS CARDS 09/28/2021 10/12/2021 400.00 1021 100.02.20.01.5723 Total CITY PRESS, INC:400.00 COMPLETE OFFICE OF WIS 182153 1 Invoice FIN SUPPLIES 09/28/2021 10/12/2021 93.05 921 100.01.03.00.5701 182883 1 Invoice FIN SUPPLIES 09/28/2021 10/12/2021 14.29 921 100.01.03.00.5701 67 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3 Report dates: 9/29/2021-10/12/2021 Oct 07, 2021 03:07PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total COMPLETE OFFICE OF WIS:107.34 CORE & MAIN LP P658731 1 Invoice WATER SERVICES 09/24/2021 10/12/2021 94.29 1021 605.54.06.52.5702 Total CORE & MAIN LP:94.29 COUNTY MATERIALS CORPORATION 3660771-00 1 Invoice ENDWALL 09/22/2021 10/12/2021 438.00 1021 100.04.51.02.5741 Total COUNTY MATERIALS CORPORATION:438.00 COX, NATHAN CO/21-8406 1 Invoice PAY COURT ORDERED RESTITUTI 10/01/2021 10/12/2021 405.00 1021 100.01.08.00.4269 Total COX, NATHAN:405.00 DEMCO EDUCATIONAL CORP 7010061 1 Invoice C CASES, BOOK TAPE 09/22/2021 10/12/2021 358.23 1021 100.05.71.00.5702 Total DEMCO EDUCATIONAL CORP:358.23 DIVERSIFIED BENEFIT SERV INC. 337848 1 Invoice HRA HEALTH REIMBURSEMENT - 10/04/2021 10/12/2021 332.78 1021 100.01.06.00.5203 Total DIVERSIFIED BENEFIT SERV INC.:332.78 EAGLE MEDIA, INC. 00133190 1 Invoice TRUCK #12 DECAL 09/17/2021 10/12/2021 82.50 921 601.61.61.12.5702 00133190 2 Invoice TRUCK #21 DECAL 09/17/2021 10/12/2021 82.50 921 605.53.06.31.5702 00133319 1 Invoice NEW DECAL TRUCK 29 10/04/2021 10/12/2021 95.00 1021 605.54.06.41.5702 Total EAGLE MEDIA, INC.:260.00 ETI CORP ETI101221 2 Invoice BUS LIC MGR UPDATES 1/1-6/30/2 09/24/2021 10/12/2021 247.00 921 100.00.00.00.1601 ETI101221 1 Invoice BUS LIC MGR UPDATES 7/1-12/31/09/24/2021 10/12/2021 247.00 921 100.01.03.00.5502 Total ETI CORP:494.00 EWALD AUTOMOTIVE GROUP LLC 41162 1 Invoice 2021 CHEVY TAHOE 09/22/2021 10/12/2021 38,381.00 921 100.07.20.01.6501 Total EWALD AUTOMOTIVE GROUP LLC:38,381.00 FICKAU INC. 81726 1 Invoice I & I SEWER 09/14/2021 10/12/2021 790.41 1021 601.61.61.16.5427 Total FICKAU INC.:790.41 FINDAWAY WORLD LLC 362630 1 Invoice AV 09/16/2021 10/12/2021 423.93 1021 100.05.71.02.5711 Total FINDAWAY WORLD LLC:423.93 FLEET CHARGE 2260188P 1 Invoice TUBE, GAUGE AND CLAMP 09/15/2021 10/12/2021 214.61 1021 100.04.51.07.5405 68 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4 Report dates: 9/29/2021-10/12/2021 Oct 07, 2021 03:07PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 2260190P 1 Invoice SEAL AND CLAMP 09/15/2021 10/12/2021 20.84 1021 100.04.51.07.5405 2261299P 1 Invoice INTERNATIONAL PART 09/28/2021 10/12/2021 2,186.59 1021 100.04.51.07.5405 Total FLEET CHARGE:2,422.04 FOTH INFRASTRUCTURE & 74442 1 Invoice HILLENDALE RECONSTRUCITON 09/24/2021 10/12/2021 33,504.10 921 401.08.91.19.6507 Total FOTH INFRASTRUCTURE &:33,504.10 FRANKLIN AGGREGATES, INC. 1765532 1 Invoice COMMERCIAL #1 STONE 09/23/2021 10/12/2021 674.34 1021 100.04.51.02.5741 Total FRANKLIN AGGREGATES, INC.:674.34 FRANTZ, AMANDA 21-4152,21415 1 Invoice BAL OF CT ORDERED RESTITUTI 10/01/2021 10/12/2021 630.00 1021 100.01.08.00.4269 Total FRANTZ, AMANDA:630.00 FROEDTERT HEALTH INC 11624194 1 Invoice DIAGNOSTIC SERVICE 08/26/2021 10/12/2021 28.00 921 100.02.20.01.5722 Total FROEDTERT HEALTH INC:28.00 GALLS, LLC,-DBA RED THE UNIFORM TAILOR BC1437338 1 Invoice SILKING HASHMARK ON ROLL - H 09/03/2021 10/12/2021 2.97 921 100.02.20.01.5151 BC1440156 1 Invoice TURTLENECK, SWEATER - FREG 09/09/2021 10/12/2021 171.49 921 100.02.20.01.5151 Total GALLS, LLC,-DBA RED THE UNIFORM TAILOR:174.46 GEO-SYNTHETICS SYSTEMS IV-59996 1 Invoice STRAW BLANKETS 10/01/2021 10/12/2021 593.00 1021 100.04.51.04.5744 Total GEO-SYNTHETICS SYSTEMS:593.00 GFL ENVIRONMENTAL U80000074591 2 Invoice REFUSE 09/20/2021 10/12/2021 49,478.13 1021 205.03.30.00.5820 U80000074591 4 Invoice YARD WASTE 09/20/2021 10/12/2021 1,166.67 1021 205.03.00.00.6056 U80000074591 3 Invoice RECYCLING 09/20/2021 10/12/2021 40,011.90 1021 205.03.00.00.5820 U80000074591 1 Invoice STATE TIPPING FEES 09/20/2021 10/12/2021 10,118.19 1021 205.03.30.00.5820 V80000033084 1 Invoice REMEDIATION SOIL 07/31/2021 10/12/2021 42,960.84 921 401.08.91.19.6507 Total GFL ENVIRONMENTAL:143,735.73 GRAEF INC 0117205 1 Invoice GENERAL ENG SERVICES 09/21/2021 10/12/2021 697.50 921 507.00.00.00.2691 0117206 1 Invoice HILLENDALE RECONSTRUCTION 09/21/2021 10/12/2021 35,297.23 921 401.08.91.19.6507 0117207 1 Invoice WILL ROSE APTS 09/21/2021 10/12/2021 4,287.92 921 507.00.00.00.2699 0117208 1 Invoice JEWELL LAKE DENOON DEV 09/21/2021 10/12/2021 761.00 921 507.00.00.00.2777 0117209 1 Invoice DILLETT CSM MCSHANE & DURH 09/21/2021 10/12/2021 2,451.00 921 507.00.00.00.2715 0117210 1 Invoice COMMONWEALTH SCHOOL DEV 09/21/2021 10/12/2021 31.50 921 507.00.00.00.2754 0117211 1 Invoice PRESBYTERIAN NHOMES-TC 09/21/2021 10/12/2021 509.00 921 507.00.00.00.2768 0117213 1 Invoice THE GLEN AT MUSK LAKES 09/21/2021 10/12/2021 21,263.13 921 507.00.00.00.2716 0117215 1 Invoice RENO BERG CROWBAR DEV 09/21/2021 10/12/2021 31.50 921 507.00.00.00.2725 0117216 1 Invoice DENOON COUNTRY ESTATES 09/21/2021 10/12/2021 17,770.00 921 507.00.00.00.2796 0117218 1 Invoice 2021 ROAD PROGRAM 09/21/2021 10/12/2021 1,293.50 921 100.07.51.02.6502 0117222 1 Invoice GENERAL ENG SERVICES 09/21/2021 10/12/2021 1,358.00 921 100.04.19.00.5815 69 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 5 Report dates: 9/29/2021-10/12/2021 Oct 07, 2021 03:07PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 0117224 1 Invoice COBBLESTONE CT DEV 09/21/2021 10/12/2021 1,961.75 921 507.00.00.00.2646 0117225 1 Invoice GEN ENG SEWER UTILITY 09/21/2021 10/12/2021 3,420.00 921 601.61.63.43.5815 0117226 1 Invoice GEN ENG WATER UTILITY 09/21/2021 10/12/2021 252.00 921 605.56.09.23.5815 0117227 1 Invoice MALLARD RESERVE DEV 09/21/2021 10/12/2021 10,221.20 921 507.00.00.00.2740 0117228 1 Invoice KIRKLAND CROSSING DEV 09/21/2021 10/12/2021 2,653.00 921 507.00.00.00.2648 Total GRAEF INC:104,259.23 GUNEM, PENNY 2281175 1 Invoice PAYMENT ERROR 10/07/2021 10/12/2021 1,445.16 1021 100.00.00.00.1601 Total GUNEM, PENNY:1,445.16 HALQUIST STONE COMPANY 5493544-IN 1 Invoice RIP RAP 09/21/2021 10/12/2021 1,140.48 1021 100.04.51.02.5741 Total HALQUIST STONE COMPANY:1,140.48 HAWKINS, INC. 6016967 1 Invoice AZONE 15 09/08/2021 10/12/2021 2,278.97 921 605.53.06.31.5702 Total HAWKINS, INC.:2,278.97 HEARTLAND BUSINESS SYSTEMS 470351-H 1 Invoice EMERGENCY SAN 09/24/2021 10/12/2021 85,743.30 1021 410.08.90.14.6511 Total HEARTLAND BUSINESS SYSTEMS:85,743.30 HILLER FORD INC 1060513 1 Invoice TRUCK #53 09/15/2021 10/12/2021 552.96 1021 100.04.51.11.5405 1061855 1 Invoice TRUCK #53 09/20/2021 10/12/2021 5.82 1021 100.04.51.11.5405 Total HILLER FORD INC:558.78 HUMPHREY SERVICE PARTS 1252363 1 Invoice SANDER AND SPINNER 09/21/2021 10/12/2021 610.32 1021 100.04.51.07.5405 Total HUMPHREY SERVICE PARTS:610.32 HYDROCORP 0063470-IN 1 Invoice MCC AUGUST 1/21-12/22 08/31/2021 10/12/2021 829.00 1021 605.56.09.23.5815 Total HYDROCORP:829.00 INDIAN MOTORCYCLES OF METRO MILWAUKEE IN/101221 1 Invoice NNO-TC AED PURCHASE 09/30/2021 10/12/2021 1,500.00 1021 505.00.00.00.2638 Total INDIAN MOTORCYCLES OF METRO MILWAUKEE:1,500.00 INGERSOLL LIGHTING 119967 1 Invoice LIGHT BULBS 09/10/2021 10/12/2021 462.00 1021 100.05.71.00.5415 Total INGERSOLL LIGHTING:462.00 ITU ABSORB TECH, INC MSOACB0030 1 Invoice FIRST AID SUPPLIES 09/21/2021 10/12/2021 73.70 1021 100.04.51.05.5704 MSOACB0030 1 Invoice FIRST AID SUPPLIES 09/21/2021 10/12/2021 90.60 1021 100.04.51.05.5704 70 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6 Report dates: 9/29/2021-10/12/2021 Oct 07, 2021 03:07PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total ITU ABSORB TECH, INC:164.30 J. F. AHERN CO 20211041 1 Invoice REFUND ON OVERPAYMENT 09/21/2021 10/12/2021 114.00 921 100.02.25.00.4250 Total J. F. AHERN CO:114.00 JAMES IMAGING SYSTEMS INC 1111130 1 Invoice COPIER CHARGES 09/20/2021 10/12/2021 28.40 1021 605.56.09.21.5401 1111130 3 Invoice COPIER CHARGES 09/20/2021 10/12/2021 56.79 1021 100.04.51.01.5701 1111130 2 Invoice COPIER CHARGES 09/20/2021 10/12/2021 28.40 1021 601.61.63.42.5701 Total JAMES IMAGING SYSTEMS INC:113.59 JANI-KING INC- MILW REGION MIL10210114 1 Invoice CITY HALL-OCT 10/01/2021 10/21/2021 2,404.00 921 100.01.09.00.5835 MIL10210114 5 Invoice PUBLIC WORKS//MERCURY-OCT 10/01/2021 10/21/2021 437.90 921 100.04.51.08.5415 MIL10210114 9 Invoice PUBLIC WORKS/APOLLO-OCT 10/01/2021 10/21/2021 70.53 921 601.61.61.15.5415 MIL10210114 3 Invoice LIBRARY-OCT 10/01/2021 10/21/2021 3,125.00 921 100.05.71.00.5835 MIL10210114 8 Invoice PUBLIC WORKS/APOLLO-OCT 10/01/2021 10/21/2021 175.94 921 100.04.51.08.5415 MIL10210114 7 Invoice PUBLIC WORKS//MERCURY-OCT 10/01/2021 10/21/2021 175.55 921 605.54.06.41.5702 MIL10210114 2 Invoice POLICE-OCT 10/01/2021 10/21/2021 2,500.00 921 100.02.20.01.5835 MIL10210114 6 Invoice PUBLIC WORKS//MERCURY-OCT 10/01/2021 10/21/2021 175.55 921 601.61.61.15.5415 MIL10210114 10 Invoice PUBLIC WORKS/APOLLO-SEPT 10/01/2021 10/21/2021 70.53 921 605.54.06.41.5702 MIL10210114 4 Invoice OLD TOWN HALL-OCT 10/01/2021 10/21/2021 381.00 921 100.04.51.11.5820 Total JANI-KING INC- MILW REGION:9,516.00 JSA ENVIRONMENTAL, INC. 2890 1 Invoice LANDFILL AUDIT - SEPTEMBER 20 10/04/2021 10/12/2021 3,711.21 1021 210.03.00.00.5816 Total JSA ENVIRONMENTAL, INC.:3,711.21 KIESLER'S POLICE SUPPLY INC IN171245 1 Invoice HOLSTER FOR Z PATTERSON 07/29/2021 10/12/2021 123.34 1021 100.02.20.01.5151 Total KIESLER'S POLICE SUPPLY INC:123.34 L.W. ALLEN, LLC 109229 1 Invoice MAINT OF COLLECTION SYSTEM 09/14/2021 10/12/2021 2,877.28 921 601.61.61.16.5411 Total L.W. ALLEN, LLC:2,877.28 LANG, LUANN LA/101221 1 Invoice 10/5/21 BLOOD DRIVE REIMBURS 10/06/2021 10/12/2021 41.00 1021 100.03.22.00.5704 Total LANG, LUANN:41.00 LEMBERG ELECTRIC COMPANY, INC. 166993 1 Invoice NEW POST AND PANEL SIGN 08/31/2021 10/12/2021 15,297.00 921 410.08.90.18.6502 Total LEMBERG ELECTRIC COMPANY, INC.:15,297.00 MACQUEEN EQUIPMENT P21025 1 Invoice VACTOR PARTS 09/24/2021 10/12/2021 80.32 1021 601.61.61.16.5411 P21032 1 Invoice VACTOR PARTS 09/27/2021 10/12/2021 129.34 1021 601.61.61.16.5411 71 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7 Report dates: 9/29/2021-10/12/2021 Oct 07, 2021 03:07PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total MACQUEEN EQUIPMENT:209.66 MADIA, JOSEPH MA/19-23648 1 Invoice COURT ORDERED RESTITUTION 10/01/2021 10/12/2021 100.00 1021 100.01.08.00.4269 Total MADIA, JOSEPH:100.00 MARCO TECHNOLOGIES LLC ONV9164661 1 Invoice UPGRADES, PROJ MGMT 09/24/2021 10/12/2021 4,093.50 1021 100.01.14.00.5840 Total MARCO TECHNOLOGIES LLC:4,093.50 MECHANICAL MASTER, INC. 7734 1 Invoice WATER SERVICES 09/30/2021 10/12/2021 3,310.28 1021 605.54.06.52.5702 Total MECHANICAL MASTER, INC.:3,310.28 MERGENT INC 1673016109 1 Invoice PRINT 09/26/2021 10/12/2021 390.00 1021 100.05.71.01.5711 Total MERGENT INC:390.00 MERIT ASPHALT, LLC 4463 1 Invoice LIFT STATION ASPHALT 09/09/2021 10/12/2021 20,708.00 921 601.00.00.00.1903 Total MERIT ASPHALT, LLC:20,708.00 MICROMARKETING LLC 859770 1 Invoice AV 08/19/2021 10/12/2021 39.99 1021 100.05.71.02.5711 860215 1 Invoice AV 08/26/2021 10/12/2021 53.79 1021 100.05.71.02.5711 Total MICROMARKETING LLC:93.78 MIDWEST TAPE 501016865 1 Invoice AV 09/21/2021 10/12/2021 39.99 1021 100.05.71.02.5711 501016866 1 Invoice AV 09/21/2021 10/12/2021 39.99 1021 100.05.71.02.5711 Total MIDWEST TAPE:79.98 MORGAN'S COLLISION CENTER 4650 1 Invoice 2020 FORD F250-REPAIR WORK 09/16/2021 10/12/2021 4,745.83 921 100.01.06.00.6108 Total MORGAN'S COLLISION CENTER:4,745.83 MURRAY, PATRICK MU/101221 1 Invoice LANDFILL MEETING 10/5/21 10/05/2021 10/12/2021 50.00 1021 207.01.00.00.6055 Total MURRAY, PATRICK:50.00 MUSKEGO FEED & SEED 000024 1 Invoice HERICIDE 10/04/2021 10/12/2021 75.00 1021 601.61.61.15.5415 000026 1 Invoice GRASS SEED 10/04/2021 10/12/2021 1,200.00 1021 100.04.51.04.5744 Total MUSKEGO FEED & SEED:1,275.00 MUSKEGO NORWAY SCHOOL DISTRICT MU/101221 2 Invoice DISTRIBUTION OF TID #8 & #9 FU 09/28/2021 10/12/2021 39,148.00 1021 228.01.00.00.6065 72 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 8 Report dates: 9/29/2021-10/12/2021 Oct 07, 2021 03:07PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number MU/101221 1 Invoice DISTRIBUTION OF TID #8 & #9 FU 09/28/2021 10/12/2021 951,094.00 1021 229.01.00.00.6065 MU/20-22338 1 Invoice COURT ORDERED RESTITUTION 10/01/2021 10/12/2021 305.00 1021 100.01.08.00.4269 Total MUSKEGO NORWAY SCHOOL DISTRICT:990,547.00 O'REILLY AUTOMOTIVE, INC. 3853-303982 1 Invoice OIL FILTERS-RETURN 09/14/2021 10/12/2021 58.02 1021 100.04.51.07.5405 Total O'REILLY AUTOMOTIVE, INC.:58.02 PAYNE & DOLAN OF WISCONSIN 1766072 1 Invoice COMMERCIAL 9.5 MM 09/23/2021 10/12/2021 861.30 1021 100.04.51.02.5740 Total PAYNE & DOLAN OF WISCONSIN:861.30 PERRILL 255572 1 Invoice ROWAY WEB APPLICATION 10/01/2021 10/12/2021 85.00 1021 100.04.19.00.5815 Total PERRILL:85.00 PIEPER ELECTRIC, INC 20211112 1 Invoice REFUND ON OVERPAYMENT 09/30/2012 10/12/2021 59.76 1021 100.02.25.00.4250 Total PIEPER ELECTRIC, INC:59.76 PINKY ELECTRIC INC. 3972 1 Invoice WIRING FOR BAYCOM 09/22/2021 10/12/2021 1,975.00 1021 410.08.90.14.6523 Total PINKY ELECTRIC INC.:1,975.00 PROFORMA ON POINT PRINT BN84001487A 1 Invoice RECREATION LOGO 09/15/2021 10/12/2021 33.57 921 100.05.72.10.5701 Total PROFORMA ON POINT PRINT:33.57 PROVEN POWER INC 02-379140 1 Invoice 5625 MOWER TRACTOR 09/22/2021 10/12/2021 425.64 1021 100.04.51.07.5405 Total PROVEN POWER INC:425.64 PUBLIC SERVICE COMMISSION OF WISCONSIN RA22-1-04005 1 Invoice PSC ASSESSMENT 09/30/2021 10/12/2021 2,645.35 1021 605.58.04.08.6701 Total PUBLIC SERVICE COMMISSION OF WISCONSIN:2,645.35 QUADIENT, INC. 58736395 1 Invoice MACHINE MAINTENANCE-POSTA 09/16/2021 10/12/2021 457.80 921 100.01.06.00.5410 58740240 1 Invoice METER RENTAL 10/18/21-1/17/22 09/18/2021 10/12/2021 162.00 921 100.01.06.00.5410 Total QUADIENT, INC.:619.80 QUILL LLC 19635375 1 Invoice OFFICE SUPPLIES 09/20/2021 10/12/2021 5.79 1021 100.05.72.10.5701 Total QUILL LLC:5.79 R.S. PAINT & TOOLS LLC 278389 2 Invoice CLOG FREE POLY RAKE 07/19/2021 10/12/2021 618.84 921 100.04.51.05.5704 73 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9 Report dates: 9/29/2021-10/12/2021 Oct 07, 2021 03:07PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 278389 1 Invoice MARKING PAINT - GREEN, BLUE, 07/19/2021 10/12/2021 412.80 921 605.54.06.41.5870 Total R.S. PAINT & TOOLS LLC:1,031.64 RELIANCE STANDARD LIFE INS CO VPL302947/10 1 Invoice LONG TERM DISABILABILITY-OCT 10/01/2021 10/12/2021 588.61 1021 100.00.00.00.2246 Total RELIANCE STANDARD LIFE INS CO:588.61 RIEK, TRISTAN RI/13-7627 1 Invoice COURT ORDERED RESTITUTION 10/01/2021 10/12/2021 11.78 1021 100.01.08.00.4269 Total RIEK, TRISTAN:11.78 RINDERLE TIRE INC. 141526 1 Invoice TRUCK #10 09/15/2021 10/12/2021 1,760.00 1021 100.04.51.07.5735 Total RINDERLE TIRE INC.:1,760.00 ROZMAN TRUE VALUE/PD 23755/101221 1 Invoice UPS CHARGES 09/25/2021 10/12/2021 19.02 1021 100.02.20.01.5722 23755/101221 2 Invoice KEYS 09/25/2021 10/12/2021 50.56 1021 100.02.20.01.5115 Total ROZMAN TRUE VALUE/PD:69.58 ROZMAN TRUE VALUE/PW 22000/101221 1 Invoice MISC SUPPLIES 09/25/2021 10/12/2021 175.13 1021 100.04.51.10.5704 Total ROZMAN TRUE VALUE/PW:175.13 ROZMAN TRUE VALUE/UT 25000/101221 1 Invoice SEWER 09/25/2021 10/12/2021 315.97 1021 601.61.61.16.5411 25000/101221 3 Invoice SHOP - SEWER 09/25/2021 10/12/2021 75.13 1021 601.61.61.15.5415 25000/101221 2 Invoice SHOP - WATER 09/25/2021 10/12/2021 75.13 1021 605.54.06.41.5702 Total ROZMAN TRUE VALUE/UT:466.23 SAFEWAY PEST MANAGEMENT INC. 669112 1 Invoice PEST CONTROL OLD PD 09/28/2021 10/12/2021 38.00 921 100.02.20.01.5415 669113 1 Invoice SEP 21 PEST CONTROL 09/21/2021 10/12/2021 35.00 1021 100.05.71.00.5415 669114 1 Invoice PEST CONTROL-CH 09/28/2021 10/12/2021 40.00 921 100.01.09.00.5415 670238 1 Invoice PEST CONTROL-PD 09/28/2021 10/12/2021 45.00 921 100.02.20.01.5415 Total SAFEWAY PEST MANAGEMENT INC.:158.00 SCHULTZ RESORT ROD & GUN CLUB LTD 188 1 Invoice CLASS INSTRUCTION- ARCHERY 10/01/2021 10/12/2021 495.00 1021 100.05.72.13.5110 Total SCHULTZ RESORT ROD & GUN CLUB LTD:495.00 SCHWEITZER, HARVEY SC/101221 1 Invoice LANDFILL MEETING 10/5/21 10/05/2021 10/12/2021 50.00 1021 207.01.00.00.6055 Total SCHWEITZER, HARVEY:50.00 SERVICE SANITATION WISCONSIN INC 8264032-35 1 Invoice BOAT LAUNCH 10/01/2021 10/12/2021 340.00 1021 100.04.51.11.5820 8264038-39 1 Invoice CONSERVATION OCT PORTABLES 10/01/2021 10/12/2021 170.00 1021 215.06.00.00.5801 74 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 10 Report dates: 9/29/2021-10/12/2021 Oct 07, 2021 03:07PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 8264040-44 1 Invoice PARKS OCTOBER PORTABLES 10/01/2021 10/12/2021 510.00 1021 100.04.51.11.5820 Total SERVICE SANITATION WISCONSIN INC:1,020.00 SERWE IMPLEMENT CO LLC 8030 1 Invoice SILENCER FOAM, GUTTER BROO 04/13/2021 10/12/2021 1,015.00 1021 100.04.51.07.5405 Total SERWE IMPLEMENT CO LLC:1,015.00 SHERWIN-WILLIAMS CO. 4411-5 1 Invoice ROLLER COVERS 09/22/2021 10/12/2021 7.73 1021 100.04.51.02.5740 9509-2 1 Invoice WATER WELLS 3 & 2 DOORS 09/21/2021 10/12/2021 83.34 1021 605.52.06.25.5702 9793-2 1 Invoice BLUE TAPE & SUPPLIES 09/27/2021 10/12/2021 10.41 1021 100.04.51.02.5740 9811-2 1 Invoice WATER WELLS 3 & 2 DOORS 09/27/2021 10/12/2021 267.86 1021 605.52.06.25.5702 Total SHERWIN-WILLIAMS CO.:369.34 SIEMENS INDUSTRY, INC. 5330042097 1 Invoice FIRE PANEL REPAIR/AHV REPLAC 09/14/2021 10/12/2021 3,725.07 1021 100.05.71.00.5415 Total SIEMENS INDUSTRY, INC.:3,725.07 SLOCOMB, MARK SL/101221 1 Invoice LANDFILL MEETING 10/5/21 10/05/2021 10/12/2021 50.00 1021 207.01.00.00.6055 Total SLOCOMB, MARK:50.00 SMITH, ANALIESE SM/101221 1 Invoice LANDFILL MEETING 10/5/21 10/05/2021 10/12/2021 50.00 1021 207.01.00.00.6055 Total SMITH, ANALIESE:50.00 SOMAR TEK LLC/ ENTERPRISES 102406 1 Invoice CAB SLIDE 09/16/2021 10/12/2021 8.80 921 100.02.20.01.5151 102411 1 Invoice BATTERY STINGER 09/29/2021 10/12/2021 22.99 921 100.02.20.01.5151 102413 1 Invoice FLASHLIGHT BATTERY REPLACE 09/30/2021 10/12/2021 22.99 1021 100.02.20.01.5151 102414 1 Invoice PISTOL 09/30/2021 10/12/2021 9.99 1021 100.02.20.01.5151 Total SOMAR TEK LLC/ ENTERPRISES:64.77 SPECTRUM 014608809242 1 Invoice MONTHLY FIBER CONNECTION 09/24/2021 10/12/2021 1,620.00 921 100.01.14.00.5507 015213609232 1 Invoice MONTHLY PD 911 CONNECTION 09/23/2021 10/12/2021 203.05 1021 100.02.20.10.5604 Total SPECTRUM:1,823.05 STREICHER'S CM290378 1 Invoice RETURN GRIP, FLASHLIGHT 09/23/2021 10/12/2021 130.98-1021 100.02.20.01.5405 I1524298 1 Invoice WEAPONS, FLASHLIGHT 09/14/2021 10/12/2021 518.99 1021 100.02.20.01.5405 I1524458 1 Invoice FLASHLIGHT 09/15/2021 10/12/2021 76.99 1021 100.02.20.01.5405 I1524740 1 Invoice GRIP, LIGHT 09/16/2021 10/12/2021 190.98 1021 100.02.20.01.5405 I1525865 1 Invoice VEST - FREGOSO 09/23/2021 10/12/2021 800.00 921 100.02.20.01.5227 I1525865 2 Invoice EQUIPMENT - FREGOSO 09/23/2021 10/12/2021 113.98 921 100.02.20.01.5151 Total STREICHER'S:1,569.96 SUNBELT RENTALS 118017014-000 1 Invoice LANDSCAPE RAKE 10/05/2021 10/12/2021 1,060.15 1021 100.04.51.07.5410 75 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 11 Report dates: 9/29/2021-10/12/2021 Oct 07, 2021 03:07PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number Total SUNBELT RENTALS:1,060.15 TACL, RICHARD 2212.036 1 Invoice REFUND OF PRIOR YEAR CREDIT 10/05/2021 10/12/2021 35.00 1021 250.01.00.00.4358 Total TACL, RICHARD:35.00 TAPCO INC. I708059 1 Invoice STRET SIGNS 09/22/2021 10/12/2021 557.82 1021 100.04.51.03.5743 I708536 1 Invoice PARKEON TICKETS 09/28/2021 10/12/2021 91.43 1021 100.04.51.11.5820 I708891 1 Invoice PARKFOLIO HOSTING FEE 09/30/2021 10/12/2021 100.00 1021 100.04.51.11.5820 Total TAPCO INC.:749.25 THE HAPPY MOWER 002584 1 Invoice S65 W13004 LONGFELLOW - 6/15/09/24/2021 10/12/2021 275.00 921 100.00.00.00.1304 2351 2 Invoice MEDIANS/BLVDS (6 OF 6)10/01/2021 10/12/2021 10,416.67 1021 100.01.06.00.5820 2351 1 Invoice LAWN MOWING/WEEDS (6 OF 6)10/01/2021 10/12/2021 7,250.00 1021 100.04.51.11.5820 Total THE HAPPY MOWER:17,941.67 TRANSUNION RISK & ALTERNATIVE 911461/101221 1 Invoice REVERSE LOOKUP INVESTIGATIO 09/30/2021 10/12/2021 75.00 1021 100.02.20.01.5722 Total TRANSUNION RISK & ALTERNATIVE:75.00 TYLER TECHNOLOGIES, INC 060-112656 1 Invoice 13298-2021 SCHEDULE A 09/10/2021 10/12/2021 5,566.09 1021 100.01.04.00.5801 Total TYLER TECHNOLOGIES, INC:5,566.09 WAL-MART WA101221 1 Invoice CONCESSIONS 09/19/2021 10/12/2021 128.23 921 100.05.72.19.5702 WA101221 2 Invoice FALL FRENZY PICKLEBALL 09/19/2021 10/12/2021 70.47 921 100.05.72.13.5702 Total WAL-MART:198.70 WAUKESHA COUNTY 741603 1 Invoice RECORDING FEE-4614647 09/03/2021 10/12/2021 30.00 1021 507.00.00.00.2755 741603 3 Invoice RECORDING FEE-4614649 09/03/2021 10/12/2021 30.00 1021 507.00.00.00.2699 741603 4 Invoice RECORDING FEE-4614650 09/03/2021 10/12/2021 30.00 1021 507.00.00.00.2699 741603 2 Invoice RECORDING FEE-4614648 09/03/2021 10/12/2021 30.00 1021 507.00.00.00.2715 Total WAUKESHA COUNTY:120.00 WAUKESHA COUNTY TECH COLLEGE S0753039 1 Invoice TRAINING CLASSES 09/27/2021 10/12/2021 407.70 1021 100.02.20.01.5303 WCTC/101221 2 Invoice DISTRIBUTION OF TID #8 & #9 FU 09/28/2021 10/12/2021 1,700.00 1021 228.01.00.00.6065 WCTC/101221 1 Invoice DISTRIBUTION OF TID #8 & #9 FU 09/28/2021 10/12/2021 41,294.00 1021 229.01.00.00.6065 Total WAUKESHA COUNTY TECH COLLEGE:43,401.70 WAUKESHA COUNTY TREASURER 2021-2401010 1 Invoice RADIO SERVICES-AUGUST 09/15/2021 10/12/2021 31.37 921 100.02.20.01.5406 2021-5003005 1 Invoice 2021 3rd & 4th QTR PARCEL TAX BI 10/01/2021 10/12/2021 8,681.40 1021 100.01.03.00.5801 WA101221 3 Invoice IID SURCHARGE 09/30/2021 10/12/2021 150.00 1021 100.01.08.00.4269 WA101221 2 Invoice DRIVER IMPROVEMENT SURCHA 09/30/2021 10/12/2021 1,312.80 1021 100.01.08.00.4269 76 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 12 Report dates: 9/29/2021-10/12/2021 Oct 07, 2021 03:07PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number WA101221 1 Invoice JAIL SURCHARGES 09/30/2021 10/12/2021 1,130.00 1021 100.01.08.00.4269 WACO/101221 1 Invoice DISTRIBUTION OF TID #8 & #9 FU 09/28/2021 10/12/2021 207,271.00 1021 229.01.00.00.6065 WACO/101221 2 Invoice DISTRIBUTION OF TID #8 & #9 FU 09/28/2021 10/12/2021 8,532.00 1021 228.01.00.00.6065 Total WAUKESHA COUNTY TREASURER:227,108.57 WCPPA 2021-CONF23 1 Invoice CRIME PREVENTION CONF.09/24/2021 10/12/2021 195.00 921 100.02.20.01.5303 Total WCPPA:195.00 WE ENERGIES 3867578176 1 Invoice SALT SHED SUBPANEL 09/27/2021 10/12/2021 17.49 1021 100.04.51.08.5910 3871189951 1 Invoice LIBRARY 09/30/2021 10/12/2021 6,585.69 1021 100.05.71.00.5910 3871189951 3 Invoice HIST TOWN HALL 09/30/2021 10/12/2021 295.11 1021 100.04.51.11.5910 3871189951 2 Invoice AREA LIGHTING 09/30/2021 10/12/2021 169.91 1021 100.04.51.11.5910 WE/101221 1 Invoice SERVICE-CROWBAR 09/27/2021 10/12/2021 813.29 1021 410.08.90.14.6523 Total WE ENERGIES:7,881.49 WEATHERPRO EXTERIORS WPC-1125-1 1 Invoice GUTTER REPAIRS & DIVERTYER 09/17/2021 10/12/2021 1,495.00 1021 100.05.71.00.5415 Total WEATHERPRO EXTERIORS:1,495.00 WISCONSIN BUILDING INSPECTION, LLP 204 1 Invoice SEPT INSPECTION SERVICES 10/04/2021 10/12/2021 16,896.26 1021 100.02.25.00.5820 Total WISCONSIN BUILDING INSPECTION, LLP:16,896.26 WISCONSIN DEPT OF ADMIN WI-SEPT,2021 1 Invoice COURT FEES - SEPTEMBER 09/30/2021 10/12/2021 8,675.42 1021 100.01.08.00.4269 Total WISCONSIN DEPT OF ADMIN:8,675.42 WISCONSIN DEPT OF JUSTICE - CIB L6806Y/10122 1 Invoice RECORD NAME SEARCHES 09/30/2021 10/12/2021 49.00 1021 100.01.06.00.6002 Total WISCONSIN DEPT OF JUSTICE - CIB:49.00 WOLTER POWER SYSTEMS 532123674 1 Invoice LIFT STATION GENERATOR 09/30/2021 10/12/2021 268.21 1021 601.61.61.16.5411 Total WOLTER POWER SYSTEMS:268.21 Grand Totals: 1,849,672.66 77 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 13 Report dates: 9/29/2021-10/12/2021 Oct 07, 2021 03:07PM Invoice Number SeqNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 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} 78