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COMMON COUNCIL Packet 06272023CITY OF MUSKEGO COMMON COUNCIL AGENDA 06/27/2023 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER ROLL CALL STATEMENT OF PUBLIC NOTICE 4e C21 of SKEGO 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 Common Council Meeting Minutes - June 13, 2023 CCM.2023.06.13 Draft.docx Voucher Approval Vouchers - Total Sheet.pdf Voucher Report Alpha.pdf Resolution #043-2023 - Approval of Baseler Developer's Agreement CCR2023.043-DA Baseler.docx Common Council - James Baseler DA.docx DA - Baseler CSMs - DRAFT 06202023.pdf NEW BUSINESS REVIEW OF COMMITTEE REPORTS Finance Committee Meeting - May 9, 2023 & May 23, 2023 FCM.2023.05.09 Appr.pdf FCM.2023.05.23 Appr.pdf FIRST READING OF ORDINANCES AND SECOND READING IF RULES ARE WAIVED Ordinance #1492 - An Ordinance to Amend Chapter 309 of the Municipal Code of the City of Muskego (Stormwater Management) ORD2023.1492-Stormwater Management.docx Ch 309-Stormwater Management-pg 20 markup.pdf LICENSE APPROVAL Approval of a Class "B" Dance Hall Permit to Rebecca S. Rodriguez, Individual (dba Pack N Brew Bar & Grill / P&B Station) located at S78W16355 Woods Rd. CITY OFFICIALS' REPORTS COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liaisons Muskego Senior Taxi - Alderperson Hammel Muskego Festival Committee - Alderperson Schroeder Muskego Historical Society - Alderperson Kubacki Little Muskego Lake District - Alderperson Kapusta GFL Emerald Park Landfill Standing Committee - Alderperson Madden FUTURE AGENDA ITEMS ADJOURNMENT NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100. K CITY OF MUSKEGO COMMON COUNCIL MINUTES June 13, 2023 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6 pm. ROLL CALL Unapproved MUSKEGO Present: Alderpersons Wolfe, Hammel, Terrence, Kapusta, Schroeder, Kubacki and Madden. Also present: Public Works and Development Director Kroeger; Planning Manager Trzebiatowski; Attorney Warchol, City Clerk Roller, and Assistant Deputy Clerk -Treasurer Kunke. STATEMENT OF PUBLIC NOTICE City Clerk Roller stated that the meeting was noticed in accordance with the open meeting law. PUBLIC COMMENT There were no speakers. COMMUNICATIONS FROM THE MAYOR'S OFFICE 2024 Budget Planning Calendar Mayor Petfalski shared the State will be voting on the Shared Revenue Bill tomorrow, June 14, 2023. Dependent on the results of the vote, the Budget calendar could have some changes. CLOSED SESSION Following conclusion of consideration of the above portion of its regularly scheduled agenda, the Common Council will meet to vote on a motion to convene in Closed Session for discussion/action relative to: Ronald Schroeder vs. City of Muskego, Case No. 2:20-cv-01066-WED, United States District Court, Eastern District of Wisconsin. A Closed Session for the above purpose is authorized pursuant to the provisions of Wis. Stats. § 19.85(1)(g), Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved. Upon conclusion of the Closed Session, the Common Council will convene in Open Session to consider its public agenda, including motions to recommend approval or rejection of the above -listed deliberations or any of the public agenda items that have not been acted upon. Alderperson Kubacki moved to convene into closed session at 6:10 pm. Alderperson Madden seconded; roll call vote. Yes - Alderpersons Wolfe, Hammel, Terrence, Kapusta, Schroeder, Kubacki and Madden. Motion carried; 7 in favor. OPEN SESSION Alderperson Schroeder made a motion to reconvene into open session at 6:16 pm. Alderperson Madden seconded; motion carried. CONSENT AGENDA Alderperson Kubacki moved to approve the following items under the Consent Agenda. Alderperson Schroeder seconded; motion carried. • Common Council Meeting Minutes from May 9, 2023 3 Common Council Minutes 6/13/2023 Page 12 Common Council Meeting Minutes from May 23, 2023 Voucher Approval Resolution #037-2023 - Establishing Traffic Regulations (Temporary No Parking / Parking Restriction Signs) CONSENT AGENDA (continued) • Resolution #038-2023 - Approval of Various License Renewal Applications for the City of Muskego for the Period July 1, 2023 - June 30, 2024 • Resolution #039-2023 - Approval of a Certified Survey Map (Inpro Corporation) • Resolution #040-2023 - Approval of Permanent Storm Sewer Easement Granted by Owner, Chadwick Tiedemann • Resolution #041-2023 - Approval of Agreement Between the Water Bugs Ski Team, Inc. and City of Muskego for Pier Placement, Water Ski Jump, and Show Events at Idle Isle • Resolution #042-2023 - Wisconsin Department of Natural Resources NR-208 - Compliance Maintenance Resolution for 2022 NEW BUSINESS FIRST READING OF ORDINANCES AND SECOND READING IF RULES ARE WAIVED Ordinance #1491 - An Ordinance to Amend Chapter 294 of the Municipal code of the City of Muskego (Sex Offenders) Alderperson Kubacki moved to approve Ordinance #1491 and waive rules for second reading. Alderperson Madden seconded; motion carried. REVIEW OF COMMITTEE REPORTS Plan Commission Meeting Minutes - May 2, 2023 No action taken. UNFINISHED BUSINESS • Ordinance #1487 - An Ordinance to Amend Chapter 229 of the Municipal Code of the City of Muskego (Low -Speed Vehicles). Second Reading. Alderperson Kubacki moved to approve. Alderperson Schroeder seconded; motion carried. • Ordinance #1488 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego (B-4 to M-1 / PJ's Trucking). Second Reading. Alderperson Madden moved to approve. Alderperson Schroeder seconded; motion carried. • Ordinance #1489 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego (RM-1 & B-4 to PD / Burback Builders -Iron Oaks Condos). Second Reading. Alderperson Kubacki moved to approve. Alderperson Schroeder seconded; motion carried. • Ordinance #1490 - An Ordinance to Amend the Zoning Map of the City of Muskego (B-2 and RS-2 to PD-45 / InPro Corporation). Second Reading. Alderperson Madden moved to approve. Alderperson Schroeder seconded; motion carried. LICENSE APPROVAL Approval of a Class "B" Liquor License to Two Stooges LLC (d/b/a The Tipsy Turtle Patio & Grill) located at S90W13970 Boxhorn Dr. Alderperson Schroeder moved to approve. Alderperson Madden seconded; motion carried. 4 Common Council Minutes 6/13/2023 Page 13 • Approval for Class C (Non -Profit) Dance Hall Permit to Muskego Community Festival Inc. (dba DandiLion Daze) for Friday, August 25 to Sunday, August 27, 2023. Alderperson Madden moved to approve. Alderperson Schroeder seconded; motion carried. • Approval for a Class A Dance Hall Permit to Eagle Trace Brewing Company (dba Eagle Park Brewing) located at S64W15640 Commerce Center Pkwy Alderperson Madden moved to approve. Alderperson Schroeder seconded; motion carried. • Approval for Outside Dance Permit to Eagle Trace Brewing Company (dba Eagle Park Brewing) located at S64W 15640 Commerce Center Pkwy for the following dates: o Saturday, June 17, 2023 from 10 am to 10:30 pm (Anniversary Party) o Friday and Saturday, September 8 & 9, 2023 from 10 am to 10:30 pm (Octoberfest) o Sunday, September 10, 2023 from 7:30 am - 3:30 pm (Beers & Gears - International Cars) Alderperson Madden moved to approve. Alderperson Kapusta seconded; motion carried. CITY OFFICIALS' REPORTS None. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW None. FUTURE AGENDA ITEMS None. ADJOURNMENT Alderperson Schroeder moved to adjourn at 6:25 p.m. Alderperson Madden; motion carried. Minutes recorded and transcribed by City Clerk Roller. 41 Council Date Total Vouchers All Funds Utility Vouchers (Approve Separately) Water Vouchers $ 12,692.65 Water Wire Transfers Total Water $ 12,692.65 Sewer Vouchers 99,400.90 Sewer Wire Transfers June 27, 2023 $ 235,281.83 Total Voucher Approval Total Sewer $ 99,400.90 Net Total Utility Vouchers $ 112,093.55 #1 -Utility Voucher Approval Tax Vouchers - Refunds & Tax Settlements (Approve Separately) Tax Vouchers $ Tax Void Checks Total Tax Vouchers Total General Fund Vouchers (Approve Separately) General Fund Vouchers $ 123,188.28 Total General Fund Vouchers #2 - Tax Voucher Approval $ 123,188.28 #3 - General Voucher Approval Big Muskego Lake Vouchers $ Development Fund Vouchers $ Wire transfers (Approve Separately): Debt Service $ Payroll/Invoice Transmittals $ Void Checks Since Last Report Check Amount Total Total $ - Total 410,442.96 #4 - Wire Transfers Approval Check # Amount CITY OF MUSKEGO Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report]. Description = {<>} "1099 adjustment' Invoice Number SegNo Type 1ST AYD CORPORATION PSI617574 1 Invoice Total 1 ST AYD CORPORATION: A -LINE ASPHALT STRIPING 204 1 Invoice R 205 1 Invoice R Total A -LINE ASPHALT STRIPING: AM TOWING W34862 1 Invoice Total AM TOWING: AMAZON CAPITAL SERVICES Payment Approval Report - Board Report Alpha Report dates: 6/15/2023-6/27/2023 Page: 1 Jun 26, 2023 10:15AM Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number BRAKE & METAL PARTS CLEANER 06/01/2023 07/01/2023 552.83 623 100.04.51.07.5735 E E -STRIPE PARK ARTHUR 06/14/2023 07/13/2023 1,363.05 623 100.04.51.11.5415 -STRIPE MOORLAND PARK 06/14/2023 07/13/2023 622.50 623 100.04.51.11.5415 STOLEN VEHICLE TOW 23-12545 06/13/2023 07/13/2023 355.00 623 100.02.20.01.5722 14KH-QN34-JP 1 Invoice OFFICE SUPPLIES 06/15/2023 14MQ-JQCP-7 1 Invoice BATTERIES/PAPER PROTECTOR 06/09/2023 1JGJ-KRGD-H 1 Invoice PLAYGROUND SUPPLIES(TAPE, C 06/11/2023 1QRV-9PNG-M 1 Invoice DEFIB WALL HOLDER 06/12/2023 1R7Q-7C9X-F 1 Invoice LANGE OFFICE EQUIPMENT 06/14/2023 1YHX-PLM4-9 1 Invoice LANGE COMPUTER EQUIPMENT 06/14/2023 Total AMAZON CAPITAL SERVICES: AT&T 1902749704 1 Invoice M 262679561406 1 Invoice M 5414539702 1 Invoice M Total AT&T. BABCOCK AUTO SPRING CO. 86350 1 Invoice Total BABCOCK AUTO SPRING CO.: BAKER & TAYLOR COMPANY 2037573614 1 Invoice P 2037573642 1 Invoice P 2037583177 1 Invoice P 2037583229 1 Invoice P 2037588514 1 Invoice P Total BAKER & TAYLOR COMPANY: BAKER & TAYLOR ENTERTAINMENT H65259450 1 Invoice AV H65263950 1 Invoice AV H65263951 1 Invoice AV H65318730 1 Invoice AV FIR FIR FIR FIR PR ONTHLY PRI- 06/07/2023 ONTHLY-CENTREX LINES 06/01/2023 ONTHLY PRI- 06/07/2023 07/15/2023 316.25 623 100.01.03.00.5701 07/09/2023 48.07 623 100.02.20.01.5701 07/11/2023 102.22 623 100.05.72.16.5702 07/12/2023 148.05 623 100.02.20.01.5704 06/20/2023 27.65 623 100.02.20.01.5701 06/20/2023 20.88 623 100.02.20.01.5701 07/07/2023 06/23/2023 07/07/2023 HEAVY DUTY SPRING HELPER SP 06/06/2023 07/05/2023 394.11 623 100.01.06.00.5601 219.40 623 100.01.06.00.5601 497.84 623 100.01.06.00.5601 1,733.06 623 100.04.51.07.5405 1,733.06 06/02/2023 07/02/2023 622.71 623 100.05.71.01.5711 05/31/2023 06/30/2023 17.99 623 100.05.71.02.5711 06/06/2023 07/06/2023 14.36 623 100.05.71.02.5711 06/06/2023 07/06/2023 39.56 623 100.05.71.02.5711 06/07/2023 07/07/2023 14.36 623 100.05.71.02.5711 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2 Report dates: 6/15/2023-6/27/2023 Jun 26, 2023 10:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number H664352CM 1 Invoice AV CREDIT 06/06/2023 07/06/2023 14.39- 623 100.05.71.02.5711 Total BAKER & TAYLOR ENTERTAINMENT: 71.88 CARDMEMBER SERVICE 0042 SKL MAY 3 Invoice 12" V-JAW PLIER 05/30/2023 06/24/2023 10.97 623 605.56.09.33.5735 0042 SKL MAY 1 Invoice WATER SAMPLES 05/30/2023 06/24/2023 66.78 623 605.56.09.23.5865 0042 SKL MAY 4 Invoice PVC PIPE PVC LONG SWEEP PV 05/30/2023 06/24/2023 237.18 623 605.00.00.00.1960 0042 SKL MAY 2 Invoice 12" V-JAW PLIER 05/30/2023 06/24/2023 10.98 623 601.61.61.21.5306 0083 TZ 2 Invoice VIDEO FEED 05/30/2023 06/24/2023 20.00 623 215.06.00.00.5704 0083 TZ 1 Invoice TRAPS FOR INVASIVE BIRDS O5/30/2023 06/24/2023 41.00 623 215.06.00.00.5704 1472LMJune 6 Invoice THANK YOU CARD 06/16/2023 06/16/2023 2.76 623 100.02.20.01.5722 1472LMJune 1 Invoice DEPT PHOTOS 06/16/2023 06/16/2023 500.00 623 505.00.00.00.2637 1472LMJune 7 Invoice WALMART AWARDS CEREMONY S 06/16/2023 06/16/2023 50.59 623 505.00.00.00.2637 1472LMJune 2 Invoice UTV TESTING 06/16/2023 06/16/2023 40.00 623 100.02.20.01.5301 1472LMJune 4 Invoice HOTEL FUNERAL HONOR GUARD 06/16/2023 06/16/2023 158.00 623 100.02.20.01.5722 1472LMJune 8 Invoice MROTEK UNIFORMS 06/16/2023 06/16/2023 64.50 623 100.02.20.01.5151 1472LMJune 3 Invoice GAS FOR FUNERAL HONOR GUA 06/16/2023 06/16/2023 20.00 623 100.02.20.01.5722 1472LMJune 5 Invoice SQD RIFLE NEW MAGS 06/16/2023 06/16/2023 224.96 623 100.02.20.01.5405 1472LMJune 9 Invoice MOCK ACCREDITATION LUNCH 06/16/2023 06/16/2023 34.91 623 100.02.20.01.5722 2229 RB MAY 2 Invoice NOZZLE 3/4" QATEE CAP QUICK 05/30/2023 06/24/2023 317.06 623 100.04.51.04.5744 2229 RB MAY 1 Invoice TOOLS 05/30/2023 06/24/2023 2,427.17 623 410.08.93.51.6532 2965 AT 1 Invoice MKE JOURNAL 05/30/2023 06/24/2023 1.00 623 100.06.18.01.5701 3469 BLJUN23 3 Invoice 04.29.23-05.28.23 BUSINESS INTE 05/30/2023 06/30/2023 109.98 623 100.05.71.00.5505 3469 BLJUN23 4 Invoice JAMMIN ON JANESVILLE REGIST 05/30/2023 06/30/2023 50.00 623 100.05.71.00.6062 3469 BLJUN23 7 Invoice FOL - KIDS (JOJ PRIZES) 05/30/2023 06/30/2023 85.96 623 100.05.71.00.5752 3469 BLJUN23 1 Invoice WLA CONF - BRITTANY 05/30/2023 06/30/2023 123.89 623 100.05.71.00.5303 3469 BLJUN23 5 Invoice STRAT PLAN FOCUS GROUP MEE 05/30/2023 06/30/2023 75.58 623 100.05.71.00.6062 3469 BLJUN23 2 Invoice DISCOVERY WORLD PASS - DONA 05/30/2023 06/30/2023 825.00 623 503.05.00.00.6007 3469 BLJUN23 6 Invoice DISC CLEANER REPAIR - SHIPME 05/30/2023 06/30/2023 65.61 623 100.05.71.00.5702 3871 ESJUN23 2 Invoice FOL - ATLAS 05/30/2023 06/30/2023 30.00 623 100.05.71.00.5752 3871 ESJUN23 1 Invoice PETITE PROM 05/30/2023 06/30/2023 130.51 623 100.05.71.00.6062 3871 ESJUN23 3 Invoice PETITE PROM 05/30/2023 06/30/2023 30.50- 623 100.05.71.00.6062 3897 SQJUN2 1 Invoice EMMA WLA MEMBERSHIP THRU 0 05/30/2023 06/30/2023 21.00 623 100.05.71.00.5305 3897 SQJUN2 2 Invoice SAM WLA MEMBERSHIP THRU 06. 05/30/2023 06/30/2023 150.00 623 100.05.71.00.5305 3897 SQJUN2 5 Invoice FOL-ATLAS 05/30/2023 06/30/2023 12.04- 623 100.05.71.00.5752 3897 SQJUN2 3 Invoice FOL-ATLAS 05/30/2023 06/30/2023 109.90 623 100.05.71.00.5752 3897 SQJUN2 4 Invoice ROOTING FOR MUSKEGO 05/30/2023 06/30/2023 12.06 623 100.05.71.00.6062 3905 AHJUN23 1 Invoice FOL TEEN PROGRAMMING 05/30/2023 06/30/2023 172.83 623 100.05.71.00.5752 3921 TD May2 1 Invoice IDLE ISLE CONCESSION BAIT 05/30/2023 06/30/2023 22.05 623 100.05.72.19.5702 4271 RP-May20 3 Invoice URBAN ALLIANCE MEETING-MADI 05/30/2023 06/24/2023 189.00 623 100.01.01.00.5303 4271 RP-May20 1 Invoice IDLE ISLE PASS DECALS O5/30/2023 06/24/2023 569.47 623 100.04.51.11.5702 4271 RP-May20 2 Invoice REFUSE TRUCKS STICKERS 05/30/2023 06/24/2023 317.88 623 100.01.03.00.5704 5449NFJune 1 Invoice UTV CLASS 06/16/2023 06/16/2023 50.00 623 100.02.20.01.5301 5449NFJune 2 Invoice HONOR GUARD UNIFORM CLEANI 06/16/2023 06/16/2023 23.68 623 100.02.20.01.5151 5731 SKR 1 Invoice WRWATRAINING 05/30/2023 06/24/2023 116.35 623 100.04.19.00.5303 6353LW 3 Invoice JUDGE'S STATE BAR DUES 05/30/2023 06/24/2023 507.50 623 100.01.08.00.5303 6353LW 1 Invoice OFFICE SUPPLIES 05/30/2023 06/24/2023 41.96 623 100.01.08.00.5701 6353LW 2 Invoice HOTEL -CLERK TRAINING 05/30/2023 06/24/2023 103.00 623 100.01.08.00.5303 7106AKJune 2 Invoice BICYCLE EQUIPMENT 06/16/2023 06/16/2023 33.21 623 100.02.20.01.5405 7106AKJune 3 Invoice BICYCLE EQUIPMENT 06/16/2023 06/16/2023 13.61 623 100.02.20.01.5405 7106AKJune 6 Invoice GAS FUNERAL HONOR GUARD 06/16/2023 06/16/2023 37.60 623 100.02.20.01.5722 7106AKJune 4 Invoice FUNERAL HONOR GUARD HOTEL 06/16/2023 06/16/2023 100.37 623 100.02.20.01.5722 7106AKJune 8 Invoice FAA DRONE TEST FEE LYNK 06/16/2023 06/16/2023 175.00 623 100.02.20.01.5301 7106AKJune 7 Invoice HONOR GUARD UNIFORM CLEAN 06/16/2023 06/16/2023 21.02 623 100.02.20.01.5151 7106AKJune 1 Invoice BICYCLE EQUIPMENT 06/16/2023 06/16/2023 41.83 623 100.02.20.01.5405 7106AKJune 5 Invoice GAS FUNERAL HONOR GUARD 06/16/2023 06/16/2023 43.45 623 100.02.20.01.5722 7547 GW 2 Invoice PERSONAL CHARGE - REIMBURS 05/30/2023 06/24/2023 38.54 623 100.00.00.00.1601 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 3 Report dates: 6/15/2023-6/27/2023 Jun 26, 2023 10:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number 7547 GW 5 Invoice WALMART SIREN SITES 05/30/2023 06/24/2023 4.60 623 100.02.22.00.5425 7547 GW 7 Invoice MENARDS POLICE SUMP PUMP 05/30/2023 06/24/2023 263.74 623 100.02.20.01.5415 7547 GW 3 Invoice LIBRARY LIGHTING 05/30/2023 06/24/2023 188.23 623 100.05.71.00.5415 7547 GW 6 Invoice MENARDS POLICE ALARM SYSTE 05/30/2023 06/24/2023 100.00 623 100.02.20.01.5415 7547 GW 8 Invoice LIBRARYSHELVES 05/30/2023 06/24/2023 73.48 623 100.05.71.00.5701 7547 GW 4 Invoice WALMART CITY HALL 05/30/2023 06/24/2023 3.34 623 100.01.09.00.5415 7547 GW 1 Invoice MENARDS OLD TOWN HALL 05/30/2023 06/24/2023 12.65 623 100.04.51.08.5415 7547 GW 9 Invoice WALMART VENDING 05/30/2023 06/24/2023 49.22 623 100.01.06.00.5702 8312SWJune 1 Invoice CA GRADUATION 06/16/2023 06/16/2023 94.50 623 100.02.20.01.5721 8467 KR 1 Invoice BOARD OF REVIEW TRAINING CD 05/30/2023 06/24/2023 40.00 623 100.01.03.00.5301 JW5800 MAY2 2 Invoice WI STATE BAR O5/30/2023 06/24/2023 507.50 623 100.01.05.00.5305 JW5800 MAY2 1 Invoice LEXIS NEXIS 05/30/2023 06/24/2023 316.00 623 100.01.05.00.5506 JW5800 MAY2 3 Invoice PEN REFILLS 05/30/2023 06/24/2023 20.95 623 100.01.05.00.5701 JW5800 MAY2 4 Invoice PEN REFILLS 05/30/2023 06/24/2023 86.49 623 100.01.05.00.5701 Total CARDMEMBER SERVICE: 10,353.86 CDW GOVERNMENT INC KC84025 1 Invoice CAMERA -WATER TANK 06/09/2023 07/09/2023 918.45 623 605.56.09.23.5620 Total CDW GOVERNMENT INC: 918.45 CEDAR CREST SPECIALTIES 0052317104 1 Invoice IDLE ISLE ICE CREAM DELIVERYJ 06/20/2023 07/05/2023 221.44 623 100.05.72.19.5702 Total CEDAR CREST SPECIALTIES: 221.44 CHARTER COMMUNICATIONS 23-224518 1 Invoice OPEN RECORDS FOR WARRANT 06/14/2023 07/14/2023 50.00 623 100.02.20.01.5722 Total CHARTER COMMUNICATIONS: 50.00 COMPLETE OFFICE OF WIS 488595 1 Invoice TRASH LINERS/SOAD TISSUE 06/06/2023 07/06/2023 266.48 623 100.01.09.00.5703 Total COMPLETE OFFICE OF WIS: 266.48 CONDITIONED AIR DESIGN, INC 20230995 1 Invoice OVERPAYMENT S83W19105 SATU 06/15/2023 06/15/2023 60.00 623 100.02.25.00.4250 Total CONDITIONED AIR DESIGN, INC: 60.00 CONLEY CLASSIFIED 107307055 1 Invoice PAYNE & DOLAN PH 06/19/2023 07/19/2023 89.55 623 100.06.18.01.4260 107325035 1 Invoice ROAD PROGRAM BIDS 06/19/2023 06/19/2023 135.94 623 100.07.51.02.6502 Total CONLEY CLASSIFIED: 225.49 CUMMINS SALES AND SERVICE F6-54734 1 Invoice MAIN CH 05/22/2023 06/22/2023 477.90 623 100.01.09.00.5415 Total CUMMINS SALES AND SERVICE: 477.90 CUSTOM TRUCK ONE SOURCE 202200704035 1 Invoice TESTING MV607 07/11/2022 08/10/2022 1,049.68 623 100.04.51.07.5405 202200704035 1 Invoice TESTING FORD F550 07/11/2022 08/10/2022 1,077.20 623 100.04.51.07.5405 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 4 Report dates: 6/15/2023-6/27/2023 Jun 26, 2023 10:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total CUSTOM TRUCK ONE SOURCE: 2,126.88 DAILY REPORTER PUBLISHING CO 745611002 1 Invoice BATHROOM BIDS PUBLISH 05/18/2023 06/20/2023 165.12 623 410.08.91.20.6550 Total DAILY REPORTER PUBLISHING CO: 165.12 DOUSMAN TRANSPORT CO., INC 70-001345 1 Invoice BUS TRANSPORT FOR FOX RIVE 05/31/2023 06/30/2023 150.00 623 100.05.72.13.5820 Total DOUSMAN TRANSPORT CO., INC: 150.00 EAGLE MEDIA INC. 00136638 1 Invoice NEW SQUAD DECALS 06/12/2023 07/12/2023 842.22 623 100.07.20.01.6501 00137015 1 Invoice CVIKLE UNIFORMS 06/14/2023 06/20/2023 124.94 623 100.02.20.10.5151 00137062 1 Invoice HONORARY PLAQUE 06/14/2023 06/20/2023 57.95 623 505.00.00.00.2637 Total EAGLE MEDIA INC.: 1,025.11 EK REAL ESTATE FUND I LLC 2196110 0223. 1 Invoice TAX REFUND #32 06/15/2023 06/15/2023 1,995.71 623 501.00.00.00.2120 Total EK REAL ESTATE FUND I LLC: 1,995.71 ELLIOTT'S ACE HARDWARE 896834 1 Invoice CH MAIN O5/11/2023 06/15/2023 3.32 623 100.01.09.00.5415 897155 1 Invoice FASTENERS 05/31/2023 06/30/2023 3.44 623 215.06.00.00.5704 Total ELLIOTT'S ACE HARDWARE: 6.76 ENERGENECS INC. 0045875-IN 1 Invoice CRAIG S FLOWMETER CALIBRATI 06/08/2023 07/07/2023 1,985.00 623 601.61.61.16.5411 0045902-IN 1 Invoice LEVEL MEASUREMENT HYDROST 06/14/2023 07/13/2023 3,046.66 623 601.61.61.16.5411 0045914-1N 1 Invoice MISC PARTS 06/15/2023 07/14/2023 27,652.50 623 601.61.61.16.5411 Total ENERGENECS INC.: 32,684.16 FINDAWAY WORLD LLC 431727 1 Invoice AV 06/12/2023 07/12/2023 24.99 623 100.05.71.02.5711 Total FINDAWAY WORLD LLC: 24.99 FIRST RESPONDERS PSYCHOLOGICAL SERVICES 0523MKPD 1 Invoice THERAPY 06/07/2023 07/07/2023 600.00 623 100.02.20.01.5845 Total FIRST RESPONDERS PSYCHOLOGICAL SERVICES: 600.00 GAIL BARTZ LEVIN 5494 1 Invoice CLASS INSTRUCTION PUNCH PAS 06/11/2023 07/11/2023 400.00 623 100.05.72.13.5110 Total GAIL BARTZ LEVIN: 400.00 GALLS, LLC 024675414 1 Invoice REPLACEMENT BELT 06/01/2023 06/20/2023 26.69 623 100.02.20.01.5151 024687360 1 Invoice FREGOSO BIKE PATROL UNIFOR 06/20/2023 06/20/2023 88.00 623 100.02.20.01.5151 10 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 6/15/2023-6/27/2023 Page: 5 Jun 26, 2023 10:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total GALLS, LLC: 114.69 GLEASON REDI MIX 322236 1 Invoice 6 BAG AIR 06/07/2023 07/06/2023 144.00 623 100.04.51.04.5744 Total GLEASON REDI MIX: 144.00 GORDON FLESCH CO., INC. IN14123365. 3 Invoice SEWER -COPIER 03/10/2023 06/22/2023 176.38 623 601.61.63.42.5701 IN14123365. 4 Invoice PD-COPIER 03/10/2023 06/22/2023 680.36 623 100.02.20.01.5410 IN14123365. 1 Invoice DPW COPIER 03/10/2023 06/22/2023 352.75 623 100.04.51.01.5701 IN14123365. 5 Invoice FA -COPIER 03/10/2023 06/22/2023 504.03 623 100.01.03.00.5401 IN14123365. 2 Invoice WATER -COPIER 03/10/2023 06/22/2023 176.38 623 605.56.09.21.5401 IN14242090. 2 Invoice WATER -COPIER 06/12/2023 06/22/2023 174.98 623 605.56.09.21.5401 IN14242090. 3 Invoice SEWER -COPIER 06/12/2023 06/22/2023 174.98 623 601.61.63.42.5701 IN14242090. 4 Invoice PD-COPIER 06/12/2023 06/22/2023 674.96 623 100.02.20.01.5410 IN14242090. 5 Invoice FA -COPIER 06/12/2023 06/22/2023 500.03 623 100.01.03.00.5401 IN14242090. 1 Invoice DPW COPIER 06/12/2023 06/22/2023 349.95 623 100.04.51.01.5701 Total GORDON FLESCH CO., INC.: 3,764.80 GRAY'S INC. 38230 1 Invoice KENNAMETAL CARBIDE BLADES 06/07/2023 07/07/2023 4,056.00 623 100.04.51.07.5405 Total GRAY'S INC.: 4,056.00 HAWKINS INC. 6487960 1 Invoice AZONE 15 - SODIUM SILICATE 06/05/2023 07/04/2023 9,832.26 623 605.53.06.31.5750 Total HAWKINS INC.: 9,832.26 HILLER FORD INC 1231489 1 Invoice ROTORS 06/08/2023 07/08/2023 193.24 623 100.02.20.01.5405 Total HILLER FORD INC: 193.24 HUMPHREY SERVICE PARTS 01P110731 1 Invoice DUST SHIELD 06/07/2023 07/05/2023 188.02 623 100.04.51.07.5405 01P110893 1 Invoice BRAKE DRUM BRAKE SHOE KIT 06/08/2023 07/07/2023 474.02 623 100.04.51.07.5405 Total HUMPHREY SERVICE PARTS: 662.04 JM BRENNAN INC. SALES000157 1 Invoice SERVICE CALL -AHU 1 COOLING 05/31/2023 06/30/2023 680.94 623 100.05.71.00.5415 Total JM BRENNAN INC.: 680.94 JOE WILDE CO 235997 1 Invoice REPAIR 06/01/2023 07/01/2023 335.25 623 601.61.61.15.5415 Total JOE WILDE CO: 335.25 JOERS, STACI june152023 1 Invoice CLASS INSTRUCTION COOKING 06/15/2023 07/15/2023 120.00 623 100.05.72.18.5110 Total JOERS, STACI: 120.00 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 6 Report dates: 6/15/2023-6/27/2023 Jun 26, 2023 10:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number KCE CHAMPIONS LLC MSKC039 FEB 1 Invoice TAX REFUND 06/15/2023 06/15/2023 19.29 623 501.00.00.00.2120 Total KCE CHAMPIONS LLC: KIESLER'S POLICE SUPPLY INC IN216057 1 Invoice GLOCK OPTIC EQUIPMENT 06/05/2023 IN216098 1 Invoice PEPPERBALL POWDER 06/05/2023 IN216344 1 Invoice GLOCK OPTIC EQUIPMENT 06/07/2023 IN216509 1 Invoice GLOCK OPTIC EQUIPMENT 06/09/2023 IN216936 1 Invoice GLOCK OPTIC EQUIPMENT 06/14/2023 Total KIESLER'S POLICE SUPPLY INC: KUJAWA ENTERPRISES INC. 220534 1 Invoice 06 JUN 23 PLANT MAINT 06/07/2023 Total KUJAWA ENTERPRISES INC.: LANDMARK STUDIO, LTD 68118 1 Invoice EASYCARE FIBERGLASS REINFO 06/13/2023 Total LANDMARK STUDIO, LTD: LIMB WALKERS TREE SERVICE 3348 1 Invoice S79W17776 SCENIC DR ASH TREE 05/12/2023 Total LIMB WALKERS TREE SERVICE: MENARDS 41152 1 Invoice SUPPLIES 06/13/2023 Total MENARDS: MILWAUKEE LAWN SPRINKLER 100222 1 Invoice SPRING STARTUP AND REPAIRS 06/12/2023 Total MILWAUKEE LAWN SPRINKLER: MISS BECKY LLC 802 1 Invoice CLASS INSTRUCTION JUNE POM 06/15/2023 Total MISS BECKY LLC: MUSKEGO NORWAY SCHOOL DISTRICT jan-mar2023 1 Invoice FACILITIES USE FEES JAN-MAR 2 06/14/2023 Total MUSKEGO NORWAY SCHOOL DISTRICT: MUSKEGO TIRE & AUTO LLC 1-138280 1 Invoice SQD2 REPAIRS 06/12/2023 Total MUSKEGO TIRE & AUTO LLC: NOTARY BOND RENEWAL SERVICE N0062223 1 Invoice NOTARY BOND -JENNY K 06/22/2023 06/20/2023 1,928.26 623 100.02.20.01.5301 07/05/2023 79.80 623 410.08.91.20.6510 07/07/2023 41.40 623 100.02.20.01.5722 07/09/2023 3,413.20 623 100.02.20.01.5722 07/14/2023 918.00 623 100.02.20.01.5301 6,380.66 07/07/2023 61.00 623 100.05.71.00.5415 61.00 07/12/2023 2,730.00 623 100.04.51.03.5743 05/27/2023 550.00 623 215.06.00.00.6009 550.00 06/13/2023 185.04 623 215.06.00.00.5704 185.04 07/12/2023 347.62 623 100.01.06.00.5820 07/15/2023 288.75 623 100.05.72.13.5110 288.75 07/14/2023 3,874.20 623 100.05.72.10.5420 3,874.20 07/12/2023 647.72 623 100.02.20.01.5405 06/22/2023 30.00 623 100.01.08.00.5702 12 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7 Report dates: 6/15/2023-6/27/2023 Jun 26, 2023 10:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total NOTARY BOND RENEWAL SERVICE: 30.00 O'REILLYAUTOMOTIVE INC. 3853-340714 1 Invoice TEMP SENSOR 06/08/2023 07/08/2023 14.41 623 100.02.20.01.5405 3853-340715 1 Invoice ANTIFREEZE 06/08/2023 07/08/2023 15.99 623 100.02.20.01.5405 Total O'REILLYAUTOMOTIVE INC.: 30.40 PACKER FASTENER IN2864 1 Invoice FLANGLE BOLTS FLANGE NUTS 06/08/2023 07/08/2023 186.79 623 100.04.51.07.5405 Total PACKER FASTENER: 186.79 PATS SERVICES, INC A249073 1 Invoice HORN PORTABLES DUE TO PLUM 06/02/2023 06/30/2023 260.00 623 100.04.51.11.5820 Total PATS SERVICES, INC: 260.00 PEAK SOFTWARE SYSTEMS, INC. 025983 1 Invoice RECREATION SOFTWARE YEARL 06/22/2023 02/10/2023 3,715.10 623 100.05.72.10.5506 Total PEAK SOFTWARE SYSTEMS, INC.: 3,715.10 PINKY ELECTRIC INC. 4539 1 Invoice 23 HOURS LIGHT POLES ON JANE 06/14/2023 07/13/2023 3,105.00 623 100.04.51.06.5916 Total PINKY ELECTRIC INC.: 3,105.00 PIONEER RESEARCH CORP 263439 1 Invoice HYDRO PRO 06/14/2023 06/29/2023 2,879.80 623 100.04.51.07.5405 Total PIONEER RESEARCH CORP: 2,879.80 PITNEY BOWES INC 1023277349 1 Invoice MAIL MACHINE SERVICE AGREEM 06/09/2023 07/09/2023 575.18 623 100.01.06.00.5701 Total PITNEY BOWES INC: 575.18 PROHEALTH CARE 10003033345 1 Invoice BLOOD DRAWS 06/01/2023 07/01/2023 74.26 623 100.02.20.01.5722 Total PROHEALTH CARE: 74.26 PROVEN POWER INC 02-431426 1 Invoice JOHN DEERE PARTS 06/07/2023 07/06/2023 1,383.63 623 100.04.51.11.5405 Total PROVEN POWER INC: 1,383.63 QUILL LLC 04-2896127 1 Invoice TIME CARDS TAPE PENS RUBBER 06/12/2023 07/11/2023 63.44 623 100.04.51.01.5701 32335321 1 Invoice OFFICE SUPPLIES/POCKET FOLD 05/05/2023 06/04/2023 18.99 623 100.05.72.10.5701 Total QUILL LLC: 82.43 R.S. PAINT & TOOLS LLC 342308 1 Invoice PINK MARKING PAINT 50# GRASS 06/13/2023 07/12/2023 5,712.56 623 100.04.51.04.5744 13 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 6/15/2023-6/27/2023 Page: 8 Jun 26, 2023 10:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total R.S. PAINT & TOOLS LLC: 5,712.56 REMY BATTERY, INC. 5470288 1 Invoice SIREN BATTERIES 05/12/2023 06/20/2023 320.00 623 100.02.20.01.5415 Total REMY BATTERY, INC.: 320.00 RINDERLE TIRE INC. 148256 1 Invoice 6 TIRES LT225/75R16E 06/08/2023 07/07/2023 537.00 623 601.61.61.21.5306 148256 2 Invoice 6 TIRES LT225/75R16E 06/08/2023 07/07/2023 537.00 623 605.56.09.33.5735 148257 2 Invoice 1 TIRE 255/70R17 06/08/2023 07/07/2023 106.00 623 605.56.09.33.5735 148257 1 Invoice 1 TIRE 255/70R17 06/08/2023 07/07/2023 106.00 623 601.61.61.21.5306 Total RINDERLE TIRE INC.: 1,286.00 ROZMAN TRUE VALUE/PL 120155 1 Invoice CONSERVATION SUPPLIES 06/02/2023 06/15/2023 71.28 623 215.06.00.00.5704 Total ROZMAN TRUE VALUE/PL: 71.28 RUEKERT & MIELKE INC 146885 1 Invoice 2021 PPI/I 04222023-05192023 06/06/2023 07/06/2023 2,767.09 623 601.65.00.00.6516 146886 1 Invoice MMSD SUPPORT FOR NON-MEMB 06/06/2023 07/06/2023 926.27 623 601.61.63.43.5815 Total RUEKERT & MIELKE INC: 3,693.36 SAFEWAY PEST MANAGEMENT INC. 708560 1 Invoice PEST CONTROL NEW PD 05/16/2023 06/16/2023 45.00 623 100.02.20.01.5415 709829 1 Invoice PEST CONTROL OLD PD 06/08/2023 07/08/2023 38.00 623 100.02.20.01.5415 709830 1 Invoice PEST CONTROL LIBRARY 06/05/2023 07/05/2023 35.00 623 100.05.71.00.5415 Total SAFEWAY PEST MANAGEMENT INC.: 118.00 SEBERT 18498 3 Invoice APRIL 2023 - LAWN MAINTENANC 06/30/2023 06/30/2023 1,687.50 623 100.01.09.00.5415 18498 4 Invoice APRIL 2023 - LAWN MAINTENANC 06/30/2023 06/30/2023 7,500.00 623 100.01.06.00.5820 18498 2 Invoice APRIL 2023 - LAWN MAINTENANC 06/30/2023 06/30/2023 1,500.00 623 100.05.71.00.5415 18498 1 Invoice APRIL 2023 - LAWN MAINTENANC 06/30/2023 06/30/2023 687.50 623 100.02.20.01.5415 18498 5 Invoice APRIL 2023 - LAWN MAINTENANC 06/30/2023 06/30/2023 5,625.00 623 100.04.51.11.5820 18498 6 Invoice APRIL 2023 - LAWN MAINTENANC 06/30/2023 06/30/2023 1,375.00 623 601.65.00.00.6220 Total SEBERT 18,375.00 SECURIAN FINANCIAL GROUP INC 002832L/JULY 1 Invoice LIFE INSURANCE PREMIUMS JUL 06/15/2023 06/15/2023 2,778.55 623 100.00.00.00.2207 Total SECURIAN FINANCIAL GROUP INC: 2,778.55 SHERWIN-WILLIAMS CO. 0827-6 1 Invoice BRUSH HYDRANT PAINTING 05/30/2023 06/20/2023 22.41 623 605.54.06.54.5702 6500-4 1 Invoice BRUSH BLUE TAPE 06/12/2023 07/20/2023 31.16 623 605.54.06.54.5702 6685-3 1 Invoice HYDRANT PAINT K K UNIV MTL P 06/15/2023 07/20/2023 449.16 623 605.54.06.54.5702 Total SHERWIN-WILLIAMS CO.: 502.73 SOMAR TEK LLC/ ENTERPRISES 103006 1 Invoice GAENSLEN REPLACEMENT GLOV 06/09/2023 06/20/2023 48.00 623 100.02.20.01.5151 14 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9 Report dates: 6/15/2023-6/27/2023 Jun 26, 2023 10:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number 103007 1 Invoice AWARDS 06/12/2023 06/20/2023 155.25 623 505.00.00.00.2637 Total SOMAR TEK LLC/ ENTERPRISES: SPECTRUM 015280506062 1 Invoice CONNECTION FOR CAMERAS -MO 06/06/2023 Total SPECTRUM: STREICHER'S 11637542 1 Invoice FREGOSO BIKE UNIFORM 06/02/2023 Total STREICHER'S: TERRA -FIRMA LANDSCAPE, INC 05222023 1 Invoice INVOICE MAY 22 2023 05/22/2023 Total TERRA -FIRMA LANDSCAPE, INC: TRIEBOLD OUTDOOR POWER LLC IC49406 1 Invoice SPINDLE HUB ASSY 06/09/2023 IC49485 1 Invoice SPIN ASSY TIRE SPNDL HUB ASS 06/09/2023 IC49548 1 Invoice BEARINGS BALL SEAL SHAFT OU 06/09/2023 Total TRIEBOLD OUTDOOR POWER LLC: US CELLULAR 0583147089 6 Invoice MONTHLY CHARGE - DPW 05/28/2023 0583147089 3 Invoice MONTHLY CHARGE - SEWER SCA 05/28/2023 0583147089 7 Invoice MONTHLY CHARGE - REC 05/28/2023 0583147089 5 Invoice MONTHLY CHARGE - FINANCE 05/28/2023 0583147089 2 Invoice MONTHLY CHARGE - WATER SCA 05/28/2023 0583147089 1 Invoice MONTHLY CHARGE-PD 05/28/2023 0583147089 4 Invoice MONTHLY CHARGE - IS 05/28/2023 Total US CELLULAR: VERIZON WIRELESS 9936899328 1 Invoice PD MONTHLY CELL 06/10/2023 Total VERIZON WIRELESS: WAUKESHA COUNTY 4687304. 1 Invoice 813037 RECORD KURTZE RD VAC 06/15/2023 Total WAUKESHA COUNTY: WAUKESHA COUNTY TREASURER 06072023 1 Invoice MANAGED FOREST AID 06/21/2023 Total WAUKESHA COUNTY TREASURER: WAUKESHA POLICE DEPT. perez.diane 1 Invoice WARRANT FOR DIANE J. PEREZ 1 06/12/2023 Total WAUKESHA POLICE DEPT: 203.25 07/07/2023 119.98 623 100.04.51.11.5415 O6/20/2023 59.99 623 100.02.20.01.5151 59.99 06/22/2023 60,255.00 623 601.65.00.00.6220 60,255.00 07/08/2023 378.27 623 100.04.51.11.5405 07/08/2023 402.42 623 100.04.51.11.5405 07/08/2023 1,012.12 623 100.04.51.11.5405 1,792.81 06/22/2023 139.50 623 100.04.51.01.5605 06/22/2023 52.79 623 601.61.63.42.5606 06/22/2023 10.00 623 100.05.72.10.5601 06/22/2023 30.00 623 100.01.03.00.5601 06/22/2023 52.79 623 605.56.09.21.5607 06/22/2023 69.79 623 100.02.20.01.5604 06/22/2023 33.00 623 100.01.14.00.5601 06/10/2023 2,798.52 623 100.02.20.01.5604 2,798.52 06/15/2023 30.00 623 507.00.00.00.2711 30.00 06/21/2023 .96 623 100.01.06.00.4542 06/12/2023 339.00 623 100.02.20.01.4272 339.00 15 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 10 Report dates: 6/15/2023-6/27/2023 Jun 26, 2023 10:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number WHITLOW SECURITY SPECLTS INC 202599 1 Invoice KEY & KEY STAMP 06/07/2023 07/06/2023 97.20 623 100.04.51.11.5415 Total WHITLOW SECURITY SPECLTS INC: WISC DEPT OF ADMINISTRATION 505-00000804 1 Invoice TEACH 1/1/23-6/30/23 06/12/2023 Total WISC DEPT OF ADMINISTRATION: WISC DEPT OF FINANCIAL INSTITUTIONS WI/062223 1 Invoice NOTARYAPPL FILING FEE -JENNY 06/22/2023 Total WISC DEPT OF FINANCIAL INSTITUTIONS: WISC MUNICIPAL CLERKS ASSOCOCI BVNYCBWFLP 1 Invoice WMCACONFERENCE 06/22/2023 G6NYH5DWW 1 Invoice WMCACONFERENCE 06/22/2023 NFN69D8TQP 1 Invoice WMCACONFERENCE 06/22/2023 Total WISC MUNICIPAL CLERKS ASSOCOCI: WISCONSIN BUILDING INSPECTION LLP 224 1 Invoice MAY INSPECTION SERVICES 06/13/2023 Total WISCONSIN BUILDING INSPECTION LLP: WISCONSIN RURAL WATER ASSOC 4591 1 Invoice CONSOLIDATED SAFETYTRAININ 06/07/2023 Total WISCONSIN RURAL WATER ASSOC: YODER'S HEATING AND COOLING 20230949 1 Invoice OVERPAYMENT S102W21390 KEL 06/12/2023 Total YODER'S HEATING AND COOLING: Grand Totals: Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report]. Description = {<>} "1099 adjustment" 07/12/2023 600.00 623 100.05.71.00.5505 600.00 06/22/2023 20.00 623 100.01.03.00.5704 20.00 06/22/2023 120.00 623 100.01.03.00.5303 06/22/2023 210.00 623 100.01.03.00.5303 06/22/2023 300.00 623 100.01.03.00.5303 630.00 06/13/2023 26,897.69 623 100.02.25.00.5820 26,897.69 07/06/2023 77.13 623 605.56.09.21.5305 77.13 06/12/2023 60.00 623 100.02.25.00.4250 16 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #043-2023 APPROVAL OFBASELER DEVELOPER'S AGREEMENT WHEREAS, James Baseler and the City of Muskego wish to enter into a Developer's Agreement regarding the development located on the south side of Henneberry Drive 2,400 feet east of Hillendale Drive 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 James Baseler 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 James Baseler and the City of Muskego for the Baseler development. BE IT FURTHER RESOLVED That the Mayor and the City Clerk 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 27th DAY OF JUNE 2023. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #043-2023, which was adopted by the Common Council of the City of Muskego. City Clerk 6/23cmc liV �„�iSKEGO Reports and Presentations to Finance/Common Council To: Finance/Common Council From: Scott Kroeger Department: Public Works & Development Subject: James Baseler Developer's Agreement (DA) Date: June 27, 2023 Background Information: James Baseler is submitting a Developer's Agreement for the development located on the south side of Henneberry Drive 2,400 feet east of Hillendale Drive. The development will construct public improvements. City Attorney Warchol and City Staff have reviewed the proposed Developer's Agreement. Attached is the Developer's Agreement for your review. Key Issues for Consideration: 1. James Baseler Developer's Agreement (DA) Recommendation for Action by Committee and/or Council: The Finance/Common Council approve the James Baseler Developer's Agreement for signatures. Date of Committee Action: June 27, 2023 Planned Date of Council Action (if required): June 27, 2023 Total $ Needed: N/A Fiscal Note(s): N/A $ Budgeted: N/A Expenditure Account(s) to Be Used: N/A (3/2019) 18 BASELER DEVELOPMENT DEVELOPER'S AGREEMENT This Agreement, made this day of , 202_ by and between James Baseler (the "Developer") and the City of Muskego, a municipal corporation of the State of Wisconsin, located in Waukesha County, hereinafter called the "City". WITNESSETH WHEREAS, the Developer has submitted for approval by the City the development plans for the Baseler Development, on a part of the lands described as: Being a part of the SW '/4 of the SW % of Section 20, Township 5 North, Range 20 East, City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Beginning at the southwest corner of said SW 1/4 said Section 20; thence N01 °29'29"W along the west line of said SW '/4 Section 20, 890.33 feet; thence N88°20'32"E, 308.25 feet; Recordine Area Name and Return Address City of Muskego Planning Division W182 S8200 Racine Ave. Muskego, WI 53150 thence N01°13'28"W, 440.01 feet to a point on the centerline of Henneberry Drive; thence N88020'32"E along said center line, Parcel ID # (PIN): 160.65 feet; thence S01 °39'28"E along the west line of CSM MSKC 2239.997 1681, 590.16 feet; thence N88°20'32"E along the south line of CSM 1681, 369.05 feet; thence N01 °39'28"W along the east line of CSM 1691, 590.16 feet to a point on the center line of Henneberry Drive; thence N88020'32"E along said center line, 503.59 feet to a point on the east line of the SW '/4 of the SW % said Section 20; thence S01 °31'23"E along said east line, 1329.00 feet to a point on the south line of the SW % said Section 20; thence S88017'08"W along said south line, 1344.33 feet to the place of beginning. 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 City Engineer and the City's Public Works and 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 1 : DEVELOPMENT 1. LAND USE. The Development, as approved by Plan Commission Resolutions #007-2022, #008-2022 and #009-2022, consists of a total of six (6) single-family residential lots and two (2) outlots, along a new publicly dedicated roadway, with the features per the referenced resolution. 2. PHASING. Developer and City agree that this Agreement is for the installation of Public Improvements in one phase consisting of stormwater improvements, landscaping, grading and roadway work and per the documents approved by Plan Commission Resolutions #007-2022, #008-2022 and #009-2022 (collectively, the "Improvements"). 19 SECTION II: PLATTING/ZONING This Developer's Agreement addresses the development of land for the six (6) single-family residential lots and two (2) outlots, all being under the Provisions of Sections 392 and 400 of the Municipal Code, and under the auspices of the A-1 zoning district. a) Single-family parcels shall conform to the zoning requirements of the A-1 districts. b) Outlots shall be reserved for open space management and stormwater purposes consistent with the Certified Survey Maps approved per Council. 2. Developer shall entirely at its expense: a) As per Section 392-24 of the Muskego Municipal Code, have the Certified Survey Maps submitted and approved. The Developer shall cause the Certified Survey Maps of the Baseler Development to be executed and recorded, and shall provide City with evidence of recording. Note: The Certified Survey Maps cannot be recorded until after the improvements, found in Section VII, Final Acceptance of this agreement, are accepted to ensure that no lots are sold until said acceptance is complete. b) 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 may commence until this Agreement has been executed and recorded, and the Letter of Credit has been tendered. c) Provide the City with title evidence showing that upon recording the Certified Survey Maps, the City will have good and indefeasible title to all interests in land dedicated or conveyed to the City by the Certified Survey Maps. d) Before any improvements found in Section III of this agreement begin, the Developer shall execute this Agreement, the Agreement shall be recorded at the Waukesha County Register of Deeds, and the City shall receive evidence of recording. e) Place and install monuments required by State Statute or City Ordinance 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 storm sewer, stormwater management facilities and roadway 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, MMSD 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: Grade and improve all roads and streets in accordance with the plans and specifications approved by the Public Works & Safety Committee including off -site improvements necessary to provide such roads and streets, including grading and gravel, curb and gutter (if applicable), and asphalt street improvements, as approved by the Public Works & Development Director or his designee and Public Works & Safety 2 20 Committee as indicated in the plans and specifications on file with the Public Works & Development Department. 2. Restore any damage to existing pavement, curb, gutter, and landscaping which may result from construction of development 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. STORM AND SURFACE WATER DRAINAGE AND GRADING PLAN: 1. Construct, install, furnish and provide facilities as approved by the Public Works & Development Director or his designee and Public Works Committee for storm and surface water drainage throughout the entire 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 & Development 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 City Engineer that the original surface and storm water drainage plan as designed and/or constructed does not provide reasonable stormwater drainage pursuant to the City's ordinances, written procedures and policies. 4. Clean all Storm Sewers prior to acceptance of improvements and the issuance of building permits by the City. 5. Execute and record a Maintenance Agreement as approved by the Public Works & Development 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. C. LANDSCAPING: 1. Preserve existing trees outside of the public right-of-way and within the proposed preservation easement to the maximum extent possible, when installing the development improvements. Replace trees in accordance with plans to be approved by City staff. 3 21 2. Remove and lawfully dispose of destroyed trees, brush, tree trunks, shrubs and other natural growth, and all rubbish. 3. Plant street trees without cost to City in accordance with Section 392-45 of the Muskego Municipal Code and the adopted Urban Forestry Management Plan and Urban Forestry Strategic Plan dated March 28, 2000 and adopted by the Common Council on July 11, 2000 and in accordance with street tree and landscape plans on file in the City Building and Engineering Department that were approved by the Planning Manager 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 Planning Manager'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. D. EROSION CONTROL MEASURES: 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 City Engineer, 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 & Development Director or his designee and Public Works & Safety 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 Director of Public Works & Development 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/building within the development. SECTION V : TIME OF COMPLETION OF IMPROVEMENTS The improvements set forth in Section III, Improvements, except for final surface course of pavement as described herein, shall be completed by the Developer within one (1) year from the signing of this Agreement or prior to occupancy of any homes or issuance of building permits except if an earlier date is provided for in the Agreement. The final surface course of pavement must be deferred until ninety percent (90%) of the homes have been substantially completed, or twenty-four (24) months after the date of acceptance of improvements, whichever comes first. 4 W11 If the final surface course of pavement, is not completed within twelve (12) months of the date of this Agreement, the Developer shall extend the Letter of Credit in a form acceptable to the City until such time as the final surface course of pavement is completed. If the City receives notice of the intention to terminate the Letter of Credit prior to completion of the final surface course pavement, such notice shall be considered a failure to complete improvements in accordance with this agreement and shall entitle the City to immediately draw against the Letter of Credit to complete the final surface course pavement. SECTION VI : AS -BUILT CONSTRUCTION PLANS For private utilities the Developer can use its contractor or authorize the 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 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 storm sewer and roadway improvements to the City (excluding those facilities which are to be owned and maintained by the developer), 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 (if applicable), when all said utilities have been completed and approved by the Director of Public Works & Development 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 and shall not negatively impact the building or any of its tenants. 5 23 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 City Engineer deems other items relating to the construction of the development necessary: 1. The stormwater and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Development Department, and 3. Certification is provided to the Public Works & Development 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 Public Works & Development Director and he/she has verified all grades meet City standards. SECTION IX: INSPECTION AND ADMINISTRATION FEES Developer shall pay and reimburse the City, 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, via the Final Plat, on Developer's land deemed necessary by the Public Works & Development Director or his designee prior to accepting any public improvements and prior to any building permits being granted. 2. Manner of Performance: Cause all construction called for by this Agreement to be carried out and performed in a good and workmanlike manner. 3. Survey Monuments: Properly place and install any lot, block or other monuments required by State Statute, City Ordinance or the City Engineer. 4. 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 City Engineer of which said approval shall not be unreasonably withheld. 1.1 24 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 and 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 Protects: 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. 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 all 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) Indemnification and 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. 7 25 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 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 Three Million Dollars ($3,000,000.00) 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 written 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. After acceptance by the City, the City shall be responsible for the repair and maintenance of the improvements, including the repairs and replacement of any Developer - owned asphalt, concrete, curb, landscaping or building damaged as a result of any such repair or maintenance. 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 any possible purchaser of this lot. Further, that the sale of this lot 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 Department of Public Works and Development. SECTION XVI : CONSTRUCTION PERMITS, ETC. The City shall, within its authority: E:3 26 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. SECTION XVII : BUILDING AND OCCUPANCY PERMITS: It is expressly understood and agreed that no buildings or occupancy permit shall be issued until the Public Works and Development Director or his designee has determined that: 1. All parameters of Plan Commission Resolutions #007-2022, #008-2022 and #009-2022 have been met to the satisfaction of the Planning Manager. 2. Any negative balance in Developer's Deposit is satisfied unless otherwise authorized by the Public Works & Development Director. 3. A Letter of Credit remains on file to guarantee compliance with any other obligations under the agreement. 4. A Resolution of the dedication and acceptance of Improvements is approved by the City. 5. The Developer is not in default of any aspect of this Agreement. 6. The Certified Survey Maps are recorded and appropriate copies are delivered to the Community Development Department. SECTION XVIII : RESERVATION OF RIGHTS AS TO ISSUANCE OF BUILDING PERMITS: The City reserves the right to withhold issuance of any and all building and/or occupancy permits if Developer is in violation of this Agreement. SECTION XIX : FINANCIAL GUARANTEES: Letter of Credit: Concurrent with the execution of this Agreement by the City, the Developer shall file with the City a Letter of Credit, setting forth terms and conditions upon which the City may draw upon the same, in the City Attorney approved form, in the amount of $397,965 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. If at any time: a) Developer is in default of any aspect of this Agreement, or 9 WA 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 on file with the City is dated to expire sixty (60) days prior to the expiration of the one (1) year period for completion of the Improvements, if such Letter of Credit is not timely extended, renewed or replaced, per the terms of this Agreement and the Improvements will not be dedicated to or accepted by the City before the expiration of the Letter of Credit, or d) The Developer fails to maintain a Letter of Credit in an amount approved by City Engineer 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: All invoices documenting public Improvements shall be provided to the City. 3. Reduction of Letter of Credit: The Developer shall provide the 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. In the event the Letter of requires renewal, the City shall reduce the required amount of the Letter of Credit to 120% of the amount of the outstanding Improvements. 4. DEVELOPER'S DEPOSIT: The Developer shall maintain a $4,000.00 balance in the Developer's Deposit. No reduction of the 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 10 28 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. 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: SALE OF LOTS: No lots that are part of the Certified Survey Maps associated with this development may be sold until final acceptance of the Improvements has been granted by the City, unless otherwise expressly approved in writing by the City Council. SECTION XXIV : NOTICES AND CORRESPONDENCE Unless otherwise stated in this Agreement, the delivery of all notices and correspondence shall only be effective upon being delivered personally 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: James Baseler W207S8580 Hillendale Drive Muskego, WI 53150 (414) 305-3534 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 XXV : RECORDING This Agreement shall be recorded against the Development property and shall run with the land. 11 29 SECTION XXVI : PARTIES TO THE AGREEMENT IN WITNESS HEREOF, Developer has caused this Agreement to be signed by its appropriate officer(s) and their seals to be hereunto affixed in duplicate original counterparts on the date and year first written above. A. James Baseler: is Its: STATE OF WISCONSIN ) SS COUNTY ) PERSONALLY came before me this day of , 202_, , to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public -State of _ My Commission Expires 12 30 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: M. Richard R. Petfalski, Jr., Mayor Kerri Roller, City Clerk STATE OF WISCONSIN ) SS WAUKESHA COUNTY ) PERSONALLY came before me this day of , 202_, the above named Richard R. Petfalski, Jr., Mayor, and Kerri Roller, City Clerk 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 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 , 202_. Notary Public -State of Wisconsin My Commission Expires CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for the Baseler Development, Muskego, Wisconsin, as entered into on the day of , 202_ by and between James Baseler and the City of Muskego, pursuant to the authorization by the Common Council from their meeting on the day of , 202_. SUBSCRIBED AND SWORN TO BEFORE ME This day of , 202_. My commission expires This instrument drafted by: Jeffrey J. Warchol, City Attorney City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150 BY THE COMMON COUNCIL Kerri Roller, City Clerk 13 31 CITY OF MUSKEGO APPROVED FINANCE COMMITTEE MINUTES May 9, 2023 ° 5:30 PM j"IMUSKEGO Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 5:30 pm. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. Present: Alderpersons Wolfe, Schroeder and Madden. Also present: City Warchol and City Clerk Roller. PUBLIC MEETING NOTICE City Clerk Roller stated that the meeting was noticed in accordance with the open meeting law. APPROVAL OF MINUTES Approval of April 25, 2023 Minutes Alderperson Madden moved to approve. Alderperson Wolfe seconded; motion carried. LICENSE APPROVALS Recommend Approval of Outside Dance Permit for Addis Management LLC (dba Danny Haskell's Pub & Grill) located at W 171 S7260 Lannon Drive for the following date: Saturday, June 10, 2023 from 4:00 pm to 10:30 pm. Alderperson Madden moved to approve. Alderperson Schroeder seconded; motion carried. Recommend Approval of Outside Dance Permit for Erin's Coffee Bean LLC (dba Vintage Grounds) located at S74W16825 Janesville Rd for the following dates: Sundays; May 21, June 11, 18 & 25, 2023 from 9 am to 1 pm. Alderperson Madden moved to approve. Alderperson Wolfe seconded; motion carried. NEW BUSINESS VOUCHER APPROVAL • Alderperson Madden moved to recommend approval of Utility Vouchers in the amount of $40,252.51. Alderperson Wolfe; motion carried. • Alderperson Madden moved to recommend approval of Tax Vouchers in the amount of 479.00. Alderperson Schroeder seconded; motion carried. • Alderperson Madden moved to recommend approval of General Fund Vouchers in the amount of $681,078.03. Alderperson Wolfe; motion carried. Alderperson Madden moved to recommend approval of Wire Transfers for Payroll/Invoice Transmittals in the amount of $388,267.42. Alderperson Schroeder seconded; motion carried. 32 Finance Committee Meeting Minutes May 9, 2023 FINANCE DIRECTOR'S REPORT None / No action. Page 12 COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW None / No action. ADJOURNMENT Alderperson Schroeder moved to adjourn at 5:33 pm. Alderperson Wolfe seconded; motion carried. Minutes taken and transcribed by City Clerk Roller. 33 CITY OF MUSKEGO FINANCE COMMITTEE MINUTES May 23, 2023 5:50 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 5:50 p.m. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL APPROVED �. C4 01C SKEGO Present: Alderpersons Wolfe, Schroeder, and Madden. Also present: Alderpersons Hammel, Terrence, Kapusta, Schroeder, and Kubacki; City Attorney Warchol; Public Works and Development Director Kroeger; Assistant Deputy Clerk -Treasurer Crisp. PUBLIC MEETING NOTICE Assistant Deputy Clerk -Treasurer Crisp stated that the meeting was noticed in accordance with the open meeting law. APPROVAL OF MINUTES — None. LICENSE APPROVALS Recommend Approval for Outside Dance Permit to Pop's Pub on Pioneer (d/b/a Pop's Pub on Pioneer) located at W180S7808 Pioneer Drive for the following days from May 24, 2023 through June 30, 2023; Sundays to Thursdays - 11 am to 9:30 pm, Fridays & Saturdays - 11 am to 10:30 pm. Alderperson Madden moved to recommend approval. Alderperson Schroeder seconded; motion carried. Recommend Approval for Outside Dance Permit to Muskego Chamber of Commerce for Jammin' on Janesville Event Area, June 2, 2023 from 3 pm to 10 pm. Alderperson Madden moved to recommend approval. Alderperson Wolfe seconded; motion carried. Recommend Approval for Outside Dance Permit to Moo Inc (d/b/a Bass Bay Brewhouse & Eatery / Aud Mar Banquets) located at S79W 15851 Aud Mar Drive for the following days: Day _Date Time Sunda —May 28, 2023 2 pm - 9 pm Sundays June 4, 11, and 18, 2023 2 pm - 5 pm Sunday June 25, 2023 5 pm - 8 pm Tuesdays May 30 and June 6, 13, 20, 6 pm - 9 pm 27, and 2023 Alderperson Schroeder moved to recommend approval. Alderperson Madden seconded; motion carried. 34 Finance Committee Minutes 5/23/2023 Page 12 NEW BUSINESS None. VOUCHER APPROVAL Alderperson Madden moved to recommend approval of Utility Vouchers in the amount of $84,859.34. Alderperson Schroeder seconded; motion carried. Alderperson Madden moved to recommend approval of Tax Vouchers in the amount of $2,238.00. Alderperson Wolfe seconded; motion carried. Alderperson Madden moved to recommend approval of General Fund Vouchers in the amount of $177,758.27. Alderperson Wolfe seconded; motion carried. Alderperson Madden moved to recommend approval of Wire Transfers for Debt Service in the amount of $1,074,293.75. Alderperson Schroeder seconded; motion carried. Alderperson Madden moved to recommend approval of Wire Transfers for Payroll/Invoice Transmittals in the amount of $375,373.74. Alderperson Wolfe seconded; motion carried. FINANCE DIRECTOR'S REPORT None. COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW None. ADJOURNMENT Alderperson Schroeder moved to adjourn at 5:55 p.m. Alderperson Wolfe seconded; motion carried. Minutes taken and transcribed by Assistant Deputy Clerk -Treasurer Crisp. 35 COMMON COUNCIL — CITY OF MUSKEGO ORDINANCE #1492 AN ORDINANCE TO AMEND CHAPTER 309 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Stormwater Management) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 309-8.E.4. of the Municipal Code of the City of Muskego is hereby amended as follows: 309-8.E.4. Increases or decreases in the hydrology of natural wetlands shall be minimized. Evicting wetlands shall net be innnrnnrn4nr! in the prepesed stnrrnwatnr management praotioe fer peak flew nentrel Dealer flew shall he managed prier to dionharge to an existing wetland Should any changes to natural wetlands be proposed, the impact of the proposal on wetland functional values shall be assessed. Significant changes to wetland functional values shall be avoided (as defined by Ch. NR 103, Wis. Adm. Code). SECTION 2: It is the intent of the Common Council that the provisions of this Chapter are severable. If any section or portion thereof shall be declared by a decision of a Court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portion thereof of the Ordinance which shall remain in full force and effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby repealed as to those terms that conflict. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS 11th DAY OF JULY 2023. ATTEST: City Clerk Notice of Ordinance Published: CITY OF MUSKEGO Rick Petfalski, Mayor First Reading: June 27, 2023 KEP § 309-8 MUSKEGO CODE § 309-8 of pavement. (4) Increases or decreases in the hydrology of natural wetlands shall be minimized. Existing wetlands shall not be incorporated in the proposed stormwater management practice for peak flow control. Peak flow shall be managed prior to discharge to an existing wetland. Should any changes to natural wetlands be proposed, the impact of the proposal on wetland functional values shall be assessed. Significant changes to wetland functional values shall be avoided (as defined by Ch. NR 103, Wis. Adm. Code). F. Best management practices location. (1) To comply with the performance standards required under this section, BMPs may be located on site or off site as part of a regional stormwater device, practice or system, but shall be installed in accordance with § NR 151.003, Wis. Adm. Code. (2) The City of Muskego may approve off -site management measures provided that all of the following conditions are met: (a) The City Engineer or his designee determines that the post -construction runoff is covered by a stormwater management system plan that is approved by the City of Muskego and that contains management requirements consistent with the purpose and intent of this chapter. (b) The off -site facility meets all of the following conditions: [ 1 ] The facility is in place. [2] The facility is designed and adequately sized to provide a level of stormwater control equal to or greater than that which would be afforded by on -site practices meeting the performance standards of this chapter. [3] The facility has a legally obligated entity responsible for its long- term operation and maintenance. (3) Where a regional treatment option exists such that the City of Muskego exempts the applicant from all or part of the minimum on -site stormwater management requirements, the applicant shall be required to pay a fee in an amount determined in negotiation with the City of Muskego. In determining the fee for post -construction runoff, the City of Muskego shall consider an equitable distribution of the cost for land, engineering design, construction, and maintenance of the regional treatment option. G. Additional requirements. The City of Muskego may establish stormwater management requirements more stringent than those set forth in this chapter if the City of Muskego determines that the requirements are needed to control stormwater quantity or control flooding, comply with federally approved total maximum daily load requirements, or control pollutants associated with existing development or redevelopment. H. Credit for removal of impervious surfaces. 309:20 37