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COMMON COUNCIL Packet 05272025CITY OF MUSKEGO COMMON COUNCIL AGENDA 05/27/2025 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 Approval of Common Council Minutes - April 22, 2025 CCM.2025.04.22 draft.docx Approval of Common Council Minutes - May 13, 2025 CCM.2025.05.13 draft.docx Voucher Approval Vouchers - Total Sheet.pdf Vouchers - Alpha Report.pdf Resolution #035-2025 - Approval of Russet LLC Developer's Agreement CCR2025.035-DA_Russet (Apple Hills).docx Common Council - Russet LLC DA.docx DA - Apple Hills - DRAFT 04 30 2025.pdf NEW BUSINESS REVIEW OF COMMITTEE REPORTS Finance Committee Minutes - April 8, 2025 FCM.2025.04.08 Approved.pdf LICENSE APPROVAL Approval for Outside Dance Permit to Loreen L. Klauser (d/b/a Hunters Nest) located at S80W14401 Schultz Ln for the following date: June 14, 2025 from 11 am to 4pm (Car Show) Approval of a Change of Agent (Nathan Eckhardt) for the "Class A" liquor license held by GPM Southeast, LLC (dba Jetz #4527) located at S69W15461 Janesville Rd. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liaisons Muskego Senior Taxi - Alderperson Bryce Muskego Festival Committee - Alderperson Duelge Muskego Historical Society - Alderperson Schroeder Little Muskego Lake District - Alderperson Bryce GFL Emerald Park Landfill Standing Committee - Alderperson Madden 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 the purpose of discussing refuse/recycling contract for the City of Muskego and to take such further action as may be appropriate with respect to such matters. A Closed Session for the above purpose is authorized pursuant to the provisions of Wis. Stats. § 19.85(1)(e), Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session. Upon conclusion of the Closed Session, the Common Council will reconvene 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. OPEN SESSION 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 April 22, 2025 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. tt� Csj of USKEGO UNAPPROVED ROLL CALL Present: Mayor Petfalski, Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Also present: City Attorney Warchol, Public Works and Development Director Kroeger, Interim Assistant Finance & Administrative Director Mustapich, Library Director Larson, City Clerk Roller STATEMENT OF PUBLIC NOTICE City Clerk Roller stated the meeting was noticed in accordance with the open meeting law on Thursday, April 17, 2025; it was amended and reposted on Monday, April 21, 2025. PUBLIC COMMENT None. COMMUNICATIONS FROM THE MAYOR'S OFFICE The Mayor acknowledged a budgeting error made during the planning of a 2024 water and road project, where an approximately $1 million shortfall was not properly reflected in budget documents. Although the project was fully funded without using property tax dollars and came in under budget, the mistake wasn't discovered until after work had begun. The Mayor took full responsibility, noted that the issue has since been addressed with new procedures, and emphasized his commitment to transparency and accountability with residents. CONSENT AGENDA Approval of Common Council Minutes - April 8, 2025 and April 15, 2025 CCM.2025.04.08 draft.docx CCM.2025.04.15 draft-Org.docx Alderperson Decker asked to pull the Approval of Common Council Minutes for separate discussion. Resolution #022-2025 - Resolution Appointing Finance & Administration Director for the City of Muskego CCR2025.022-Appointment of F&A Dir.docx Resolution #024-2025 - Appointment of Citizen Members to Various Boards, Committees and Commissions CCR2025.024-Citizen Appts.docx Resolution #025-2025 - Appointment of Alderpersons to Various Boards and Committees CCR2025.025-Aldermen Appts.docx 3 Common Council Minutes — April 22, 2025 Page 12 Consent Agenda (continued) Resolution #026-2025 - Appointment of Weed Commissioner for the City of Muskego CCR2025.026-Appt-Weed Com.docx Resolution #027-2025 - Declaring Certain Weeds to be Noxious in the City of Muskego CCR2025.027-Weeds.docx Resolution #028-2025 - Resolution Declaring May 10, 2025 as World Migratory Bird Day CCR2025.028-World MBD (May).docx Resolution #029-2025 - Re -Approval of a Preliminary Plat for Kirkland Crossing Subdivision CCR2025.029-Reapproval Pre -Plat (Kirkland Crossing).docx 20254 KC PRELIM PLAT_230309.pdf Moved by Alderperson Wolfe; seconded by Alderperson Schroeder to Approve the remaining Consent Agenda items. Motion Passed: 7 — 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None Approval of Common Council Minutes - April 8, 2025 and April 15, 2025 Moved by Alderperson Madden; seconded by Alderperson Bryce to Approve. Motion Passed: 6 - 1 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: Alderperson Decker NEW BUSINESS Resolution #021-2025 - Approval of Award of Bid (2025 Road Improvement Program) CCR2025.021-Award of Bid (Road Program).docx Finance Memo - 2025 Road Program Contractor Award.docx BidWorksheet_9567558_Eval. pdf Moved by Alderperson Madden; seconded by Alderperson Hammel to Approve. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None Resolution #023-2025 - 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 CCR2025.023-WB Ski Team and Pier Placement.docx CCR2025.023-WB Agreement 2025.pdf Moved by Alderperson Hammel; seconded by Alderperson Bryce to Approve. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None 4 Common Council Minutes — April 22, 2025 Page 13 UNFINISHED BUSINESS Ordinance #1503 - An Ordinance to Amend Chapter 290 of the Municipal Code of the City of Muskego (Sewers). Second Reading ORD2025.1503-Sewers.docx Chapter 290 Sewers with Amendments Per Ordinace #1502.docx Moved by Alderperson Hammel; seconded by Alderperson Schroeder to Approve. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None LICENSE APPROVAL Approval for Full -Service Retail Outlet for Eagle Trace Brewing Company, LLC (dba Eagle Park Brewing), at Veteran's Memorial Park, W182S8200 Racine Ave for the Jammin' in the Park to be held on June 6, 2025 from 5 pm to 9 pm. Moved by Alderperson Madden; seconded by Alderperson Hammel to Approve. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None VOUCHER APPROVAL Approval of Utility Vouchers in the amount of $492,627.92 Vouchers - Total Sheet.pdf Vouchers - Alpha Report.pdf Moved by Alderperson Hammel; seconded by Alderperson Wolfe to Approve. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None Approval of General Fund Vouchers in the amount of $282,194.39 Vouchers - Total Sheet.pdf Vouchers - Alpha Report.pdf Moved by Alderperson Hammel; seconded by Alderperson Madden to Approve. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None Approval of Wire Transfers for Debt Service in the amount of $29,600.44 Vouchers - Total Sheet.pdf Vouchers - Alpha Report.pdf Moved by Alderperson Hammel; seconded by Alderperson Wolfe to Approve. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None 41 Common Council Minutes — April 22, 2025 Page 14 Voucher Approval (continued) Approval of Wire Transfers for Payroll/Invoice Transmittals in the amount of $450,746.10 Vouchers - Total Sheet.pdf Vouchers - Alpha Report.pdf Moved by Alderperson Hammel; seconded by Alderperson Madden to Approve. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None REVIEW OF COMMITTEE REPORTS Finance Committee Minutes - March 25, 2025 FCM.2025.03.25 Appr.pdf COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW None. ADJOURNMENT Moved by Alderperson Madden; seconded by Alderperson Wolfe to Adjourn at 6:25 pm. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None Minutes recorded by City Clerk Roller & transcribed by Assistant Deputy Clerk -Treasurer Crisp. CITY OF MUSKEGO COMMON COUNCIL MINUTES May 13, 2025 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:40 pm. ikylv'o ik � tte c�v of .1 USKEG UNAPPROVED ROLL CALL Present: Mayor Petfalski, Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Also present: City Attorney Warchol, Finance & Administration Director Mustapich, Library Director Larson, Information Technologies Director Loudon, Human Resources Director Croteau, Representatives from Tess Corners Fire Department, Assistant Deputy Clerk -Treasurer Crisp STATEMENT OF PUBLIC NOTICE Assistant Deputy Clerk -Treasurer Crisp stated that the meeting was noticed in accordance with the open meeting law on Friday, May 9, 2025; amended and posted later on Friday, May 9, 2025; and amended and posted Monday, May 12, 2025. PUBLIC COMMENT None. COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor Petfalski stated that the City is working on the spring cleanup. CONSENT AGENDA Voucher Approval Vouchers - Total Sheet .pdf Vouchers - Alpha Report.pdf Resolution #030-2025 - Approval of a Certified Survey Map (Tractor Supply) CCR2025.030-CSM (Tractor Supply).docx PC 022-2025 SUPPLEMENT.pdf PC 022-2025 MAP.pdf PC 022-2025 RESOLUTION.pdf PC 022-2025 SUBMITTAL.pdf Resolution #031-2025 - Recommend Approval of Inter -Municipal Agreement Between the City of Muskego and Waukesha County Regarding Public Safety Answering Point (PSAP) Backup CCR2025.031-PSAP Backup.docx PSAP Backup.docx WCC Serving As City of Muskego PSAP Backup SOP FINAL 02202025.pdf Muskego Backup MOU Signed 02202025.pdf Resolution #032-2025 - Resolution Approving the Creation of the Deputy Treasurer Position in the Finance and Administration Department for the City of Muskego CCR2025.032-Deputy Treasurer.docx Deputy Treasurer Proposal - 2025.docx Deputy Treasurer - 5-13-2025.pdf 7 Common Council Minutes — May 13, 2025 Page 12 Consent Agenda (Cont.) Mayor Petfalski pulled Resolution #034-2025 for separate discussion. Moved by Alderperson Madden; seconded by Alderperson Wolfe to Approve the remaining items under Consent Agenda. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None Resolution #034-2025 - Approval for Purchase of Velocity Pumper Tanker - Tess Corners Fire Department CCR2025.034-Purch of Pumper Tanker (TCFD).docx Council members requested to see the Purchase Agreement. The motion was postponed to the end of the meeting while Ms. Mustapich went to get the Agreement. Moved by Alderperson Madden; seconded by Alderperson Hammel to Approve. Roll Call Vote: 6 - 1 in favor. Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Duelge, Alderperson Madden Voting Against: Alderperson Schroeder NEW BUSINESS Resolution #033-2025 - Appointment of Council Representative to the District Board of Commissioners of the Lake Denoon Lake District CCR2025.033-Appt Commissioner (LDLD).docx Moved by Alderperson Madden; seconded by Alderperson Wolfe to Approve. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None REVIEW OF COMMITTEE REPORTS Plan Commission Minutes - March 4, 2024 and April 2, 2024 Plan Commission Minutes 20250304 Approved.pdf Plan Commission Minutes 20250402 Approved.pdf LICENSE APPROVAL Approval for Outside Dance Permit to Addis Management LLC (d/b/a Danny Haskell's Pub & Grill) located at W 171 S7260 Lannon Dr for the following events: • May 25, 2025 from 1 pm to 5 pm (Live music) • June 7, 2025 from 4 pm to 10 pm (Live music) • June 21, 2025 from 4 pm to 9 pm (Live music) Moved by Alderperson Hammel; seconded by Alderperson Madden to Approve. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None Common Council Minutes — May 13, 2025 Page 13 Approval for Outside Dance Permit to Two Stooges LLC (d/b/a The Tipsy Turtle Patio and Grill) located at S90W 13970 Boxhorn Dr for the following events: • Sundays: May 25 - June 29, 2025 from 2 pm to 6 pm (Live music or DJ) • Saturdays: May 31 - June 28, 2025 from 2 pm to 6 pm (Live music or DJ) Moved by Alderperson Madden; seconded by Alderperson Hammel to Approve. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liaisons None. 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: discussion with City Attorney regarding status of Waukesha County Circuit Court Case No. 2024-CV-001278, captioned Bell Bank vs. Garrett Rees, et al. in which the City of Muskego is a named defendant by virtue of being a lienholder on the property owned by Garrett Rees and to take such further action as may be appropriate with respect to such matters. 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 reconvene 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. Attorney Warchol stated that the case he intended to discuss has been dismissed so the Closed Session is unnecessary. OPEN SESSION TOUR OF CURRENT MUSKEGO POLICE DEPARTMENT FACILITY AND PRESENTATION CONDUCTED BY POLICE CHIEF WESTPHAL ADJOURNMENT Moved by Alderperson Wolfe; seconded by Alderperson Bryce to Adjourn at 8:13 pm. Motion Passed: 7 - 0 Voting For: Alderperson Wolfe, Alderperson Hammel, Alderperson Decker, Alderperson Bryce, Alderperson Schroeder, Alderperson Duelge, Alderperson Madden Voting Against: None Minutes recorded and transcribed by Assistant Deputy Clerk Treasurer Crisp. 9 Council Date Total Vouchers All Funds Utility Vouchers (Approve Separately) Water Vouchers $ 30,007.11 Water Wire Transfers Total Water $ 30,007.11 Sewer Vouchers $ 301,939.79 Sewer Wire Transfers Total Sewer $ 301,939.79 Net Total Utility Vouchers Tax Vouchers - Refunds & Tax Settlements (Approve Separately) Tax Vouchers $ Tax Void Checks ( ) Total Tax Vouchers Total General Fund Vouchers (Approve Separately) General Fund Vouchers $ 260,128.62 Total General Fund Vouchers Wire transfers (Approve Separately): Debt Service Payroll/Invoice Transmittals May 27, 2025 $ 592,075.52 Total Voucher Approval $ 331,946.90 #1 -Utility Voucher Approval #2 - Tax Voucher Approval $ 260,128.62 #3 - General Voucher Approval $ 841,306.25 882.09 10 CITY OF MUSKEGO Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report]. Description = {<>} "1099 adjustment" Payment Approval Report - Board Report Alpha Report dates: 5/14/2025-5/27/2025 Page: 1 May 23, 2025 08:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GL Account Number 1ST AYD CORPORATION PSI782145 1 Invoice FLUID FILM RUST & CORROSION 05/01/2025 05/27/2025 287.56 525 100.04.51.07.5405 Total 1ST AYD CORPORATION: 287.56 AARONIN STEEL SALES INC 164834 1 Invoice SQUARE TUBING 05/21/2025 05/27/2025 85.63 525 100.04.51.08.5415 Total AARONIN STEEL SALES INC: 85.63 ABRAHAM'S ON -SITE SHREDDING SERVICE AB52725 1 Invoice CONTAINER SRV OVERPYMTS 03/17/2025 05/27/2025 120.96- 525 100.01.14.00.5507 Total ABRAHAM'S ON -SITE SHREDDING SERVICE: 120.96- ABT MAILCOM 52407 1 Invoice MAY DELQ UTILITY BILLS 05/16/2025 05/27/2025 252.86 525 205.03.00.00.6056 52407 2 Invoice MAY DELQ UTILITY BILLS 05/16/2025 05/27/2025 252.86 525 205.03.30.00.5704 52407 4 Invoice MAY DELQ UTILITY BILLS 05/16/2025 05/27/2025 505.72 525 605.55.09.03.5710 52407 3 Invoice MAY DELQ UTILITY BILLS O5/16/2025 05/27/2025 505.72 525 601.61.63.42.5701 Total ABT MAILCOM: 1,517.16 AGRECOL LLC 0054357-1N 1 Invoice SEEDS 2025 05/14/2025 05/27/2025 211.00 525 215.06.00.00.6008 Total AGRECOL LLC: 211.00 A -LINE ASPHALT STRIPING 1739 1 Invoice DPW PARKING LOT 05/13/2025 05/27/2025 375.00 525 100.04.51.02.5740 Total A -LINE ASPHALT STRIPING: 375.00 ALSTAR CO LLC, THE 43804 1 Invoice ADJUSTABLE SWIVEL RING HANG 05/08/2025 05/27/2025 12.83 525 100.04.51.04.5744 Total ALSTAR CO LLC, THE: 12.83 ANDY KRAATZ OVERHEAD DOORS INC 3410 1 Invoice WASH BAY DOOR 05/13/2025 05/27/2025 400.00 525 100.04.51.08.5415 Total ANDY KRAATZ OVERHEAD DOORS INC: 400.00 AT&T 5363361016 1 Invoice MONTHLY PRI-ATT 05/16/2025 05/27/2025 3,580.59 525 100.01.06.00.5601 S662264264-2 1 Invoice 911 SYSTEM BILLING 05/19/2025 05/27/2025 381.99 525 100.02.20.01.5504 Total AT&T. 3,962.58 AT&T MOBILITY 287325369680 4 Invoice UTILITY IPADS 05/16/2025 05/27/2025 930.49 525 605.56.09.21.5607 287325369680 3 Invoice IT FIRSTNET DEVICES 05/16/2025 05/27/2025 237.77 525 100.01.14.00.5601 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 2 Report dates: 5/14/2025-5/27/2025 May 23, 2025 08:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number 287325369680 1 Invoice DPW IPADS 05/16/2025 05/27/2025 199.44 525 100.04.51.01.5605 287325369680 6 Invoice HR PHONE 05/16/2025 05/27/2025 76.38 525 100.01.01.00.5601 287325369680 5 Invoice SCADA LAPTOP 05/16/2025 05/27/2025 220.04 525 601.61.63.42.5606 287325369680 2 Invoice PD FIRSTNET PHONES 05/16/2025 05/27/2025 2,361.68 525 100.02.20.01.5604 Total AT&T MOBILITY: 4,025.80 AWWA CUSTOMER SERVICE SO232959 1 Invoice 2025 MEMBERSHIP 8/1/25- 7/31/26 04/21/2025 05/27/2025 450.00 525 605.56.09.21.5303 Total AWWA CUSTOMER SERVICE: 450.00 BAKER & TAYLOR COMPANY 2039053770 1 Invoice PRINT 05/12/2025 05/27/2025 908.95 525 100.05.71.01.5711 2039066233 1 Invoice PRINT 05/07/2025 05/27/2025 815.82 525 100.05.71.01.5711 2039071812 1 Invoice PRINT 05/12/2025 05/27/2025 296.58 525 100.05.71.01.5711 2039071812 2 Invoice DONATION - PRINT 05/12/2025 05/27/2025 22.95 525 503.05.00.00.6007 2039082153 1 Invoice PRINT 05/16/2025 05/27/2025 342.02 525 100.05.71.01.5711 2039082216 1 Invoice PRINT 05/16/2025 05/27/2025 662.83 525 100.05.71.01.5711 Total BAKER & TAYLOR COMPANY: 3,049.15 BAKER TILLY US, LLP BT3163332 2 Invoice PROGRESS BILLING #1 2024 AUDI 04/29/2025 05/27/2025 750.00 525 250.01.00.00.5810 BT3163332 1 Invoice PROGRESS BILLING #1 2024 AUDI 04/29/2025 05/27/2025 33,711.52 525 100.01.06.00.5810 Total BAKER TILLY US, LLP: 34,461.52 BARCO PRODUCTS COMPANY INVRCO31914 2 Invoice KURTH PARK MEMORIAL BENCH 05/16/2025 05/27/2025 1,466.85 525 202.08.94.74.6584 INVRCO31914 1 Invoice IDLE ISLE MEMORIAL BENCH KOE 05/16/2025 05/27/2025 1,283.00 525 202.08.94.74.6584 Total BARCO PRODUCTS COMPANY: 2,749.85 BAYCOM INC PB4145 1 Invoice CITY HALL DOOR ACCESS 05/16/2025 05/27/2025 11,000.00 525 410.08.90.03.6502 Total BAYCOM INC: 11,000.00 BEILFUSS, RYAN 05202025 1 Invoice SEWER GRATES 05/20/2025 05/27/2025 2,760.00 525 100.04.51.02.5742 Total BEILFUSS, RYAN: 2,760.00 BIO-ONE OF MILWAUKEE 5148 1 Invoice SQUAD DECONTAMINATION IR #2 05/20/2025 05/27/2025 350.00 525 100.02.20.01.5405 Total BIO-ONE OF MILWAUKEE: 350.00 BURTON & MAYER INC 2501313 1 Invoice #10 WINDOW ENVELOPES 3,000 05/14/2025 05/27/2025 470.00 525 100.01.06.00.5701 Total BURTON & MAYER INC: 470.00 CARDMEMBER SERVICE 008 TZ MAY 25 2 Invoice AIR CLEANER FILTER FUEL O-RI 04/29/2025 05/27/2025 250.11 525 215.06.00.00.5704 008 TZ MAY 25 1 Invoice VIDEO FEED 04/29/2025 05/27/2025 27.00 525 215.06.00.00.5704 1737KCMay25 1 Invoice NEW ELECTED OFFICIALS TRAINI 04/29/2025 05/27/2025 95.00 525 100.01.01.01.5301 12 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 5/14/2025-5/27/2025 Page: 3 May 23, 2025 08:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number 19471mmay25 2 Invoice MROTEK SRO SCHOOL 05/20/2025 05/27/2025 550.00 525 100.02.20.01.5301 19471mmay25 1 Invoice GARBAGE/RECYCLE CONTAINER 05/20/2025 05/27/2025 529.51 525 100.02.20.01.5415 19471mmay25 4 Invoice DISPATCHER WEEK GIFTS 05/20/2025 05/27/2025 209.89 525 505.00.00.00.2637 19471mmay25 6 Invoice PATCHES FOR JACKETS 05/20/2025 05/27/2025 522.00 525 410.08.91.20.6534 19471mmay25 8 Invoice WDOA CONF - A.FOX 05/20/2025 05/27/2025 252.00 525 100.02.20.01.5303 19471mmay25 7 Invoice CADET COMPETITION 05/20/2025 05/27/2025 385.00 525 505.00.00.00.2636 19471mmay25 5 Invoice SPIT MASKS 05/20/2025 05/27/2025 146.73 525 100.02.20.01.5722 19471mmay25 3 Invoice WILEAGE DUES 05/20/2025 05/27/2025 668.85 525 100.02.20.01.5305 2413SDMay25 1 Invoice TRAINING SUBSCRIPTION RENE 05/22/2025 05/27/2025 15.00 525 100.02.20.01.5301 3349sjmay25 1 Invoice SEARCH WARRANT FOOD ITEMS 05/20/2025 05/27/2025 43.06 525 100.02.20.01.5722 3349sjmay25 3 Invoice CITIZEN ACADEMY DRUG TAKEBA 05/20/2025 05/27/2025 34.12 525 100.02.20.01.5721 3349sjmay25 2 Invoice A.FOX HUMAN TRAFFIC TRAINING 05/20/2025 05/27/2025 164.30 525 100.02.20.01.5301 3469 BLAMay2 6 Invoice FOL - ZOO PASS 04/30/2025 05/27/2025 1,000.00 525 100.05.71.00.5752 3469 BLAMay2 5 Invoice JAMMIN' REGISTRATION 04/30/2025 05/27/2025 75.00 525 100.05.71.00.6062 3469 BLAMay2 1 Invoice ADHESIVE GLUE STRIPS -50 QTY: 04/30/2025 05/27/2025 119.90 525 100.05.71.00.5702 3469 BLAMay2 4 Invoice SIGNAGE - STAFF ONLY AREAS- S 04/30/2025 05/27/2025 91.40 525 100.05.71.00.5701 3469 BLAMay2 2 Invoice 03.30.25-04.29.25 BUSINESS INTE 04/30/2025 05/27/2025 119.99 525 100.05.71.00.5505 3469 BLAMay2 3 Invoice FOL - STAFF APPRECIATION 04/30/2025 05/27/2025 330.75 525 100.05.71.00.5752 3921TDMay25 1 Invoice COMPUTER CHARGES/E-FEES 04/29/2025 05/27/2025 50.00 525 100.05.72.10.5506 3921TDMay25 2 Invoice PICKLEBALL TOURNAMENT AWAR 04/29/2025 05/27/2025 65.17 525 100.05.72.13.5702 4271 RPMay25 2 Invoice REFUSE HAULER PERMITS FOR J 04/29/2025 05/27/2025 344.00 525 100.01.06.00.5701 4271 RPMay25 1 Invoice LEAGUE OF WI ROUNDTABLE 04/29/2025 05/27/2025 20.00 525 100.01.01.00.5303 5449NFMay25 1 Invoice CA SUPPLIES 05/20/2025 05/27/2025 99.75 525 100.02.20.01.5721 5800 JWMay25 1 Invoice LEXISNEXIS 04/29/2025 05/27/2025 316.00 525 100.01.05.00.5506 5802 CHA MAY 3 Invoice AC PARTS 04/29/2025 05/27/2025 217.84 525 100.01.09.00.5415 5802 CHA MAY 4 Invoice NICOLAUDIE CONTROLLERS 04/29/2025 05/27/2025 34.20 525 100.05.71.00.5415 5802 CHA MAY 2 Invoice AC PARTS 04/29/2025 05/27/2025 217.83 525 100.02.20.01.5415 5802 CHA MAY 5 Invoice AC/DC 7V ADAPTER 04/29/2025 05/27/2025 28.16 525 100.05.71.00.5415 5802 CHA MAY 1 Invoice VENDING MACHINE 04/29/2025 05/27/2025 67.68 525 100.01.06.00.5702 6796 RB MAY 2 Invoice SAMPLES SHIPPING 04/29/2025 05/27/2025 19.10 525 100.04.51.07.5405 6796 RB MAY 1 Invoice FEE TARGETS NETS CLAMPS 04/29/2025 05/27/2025 697.81 525 100.04.51.11.5415 6796 RB MAY 3 Invoice PROPANE 04/29/2025 05/27/2025 34.40 525 100.04.51.11.5735 6796 RB MAY 4 Invoice HAMMER DRILL FOLDING KNIFE 04/29/2025 05/27/2025 476.44 525 100.04.51.11.5731 6796 RB MAY 5 Invoice TOWELS PVC CONDUIT CAP 04/29/2025 05/27/2025 73.60 525 100.04.51.04.5744 7709 BLOMAY 1 Invoice CLEANERS -FINGERPRINT MACHI 05/16/2025 05/27/2025 206.13 525 100.02.20.01.5504 7709 BLOMAY 2 Invoice MO -PATCH MANG/HELPDESK 05/16/2025 05/27/2025 398.32 525 100.01.14.00.5507 7709 BLOMAY 3 Invoice SOCIAL MEDIA ARCHIVE 05/16/2025 05/27/2025 320.59 525 100.07.01.06.6504 8312swmay25 2 Invoice WESTPHAL/SARTORIUS CHAMBE 05/20/2025 05/20/2025 20.00 525 100.02.20.01.5303 8312swmay25 1 Invoice CREDIT WEATHERGEAR 05/20/2025 05/20/2025 1,051.96- 525 410.08.91.20.6534 8312swmay25 4 Invoice KRISTALIDIS LAST DAY LUNCH 05/20/2025 05/20/2025 393.20 525 505.00.00.00.2637 8312swmay25 3 Invoice CA CLASS OWI/ALCOHOL 05/20/2025 05/20/2025 39.87 525 100.02.20.01.5721 8372jrmay25 1 Invoice GARAGE/BLDG MAINTENANCE IT 05/20/2025 05/27/2025 385.17 525 100.02.20.01.5415 8824 TB MAY 2 1 Invoice KIT ANTI -SCALP ROLLER 04/29/2025 05/27/2025 187.96 525 605.56.09.33.5735 8824 TB MAY 2 2 Invoice TURF SAVER 04/29/2025 05/27/2025 34.99 525 601.61.61.16.5411 8824 TB MAY 2 3 Invoice SHIPPING WATER SAMPLES 04/29/2025 05/27/2025 159.50 525 605.56.09.23.5865 9070 AHMay25 2 Invoice FOL - KIDS ATLAS & PASSIVE PRO 04/30/2025 05/27/2025 34.44 525 100.05.71.00.5752 9070 AHMay25 1 Invoice DONATION - TEEN SRP PROGRA 04/30/2025 05/27/2025 45.00 525 503.05.00.00.6007 Total CARDMEMBER SERVICE: CEGIELSKI, JAN GROVEWAY 1 Invoice WINDOVER 1 Invoice Total CEGIELSKI, JAN: CHAPPELL SPORTS 22592 1 Invoice 1 BEAVER @ GROVEWAY 05/19/2025 1 BEAVER @ WINDOVER 05/19/2025 PICKLEBALL TOURNAMENT SHIR 05/13/2025 9,564.80 05/27/2025 250.00 525 100.04.51.11.5820 05/27/2025 250.00 525 100.04.51.11.5820 500.00 05/27/2025 121.25 525 100.05.72.13.5702 13 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 5/14/2025-5/27/2025 Page: 4 May 23, 2025 08:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total CHAPPELL SPORTS: 121.25 CINTAS CORP PW 423046289 1 Invoice MONTHLY CHARGES UNIFORMS 05/14/2025 05/27/2025 264.09 525 100.04.51.11.5820 PW 423121107 1 Invoice MONTHLY CHARGES UNIFORMS 05/21/2025 05/27/2025 264.09 525 100.04.51.11.5820 UT 423046289 1 Invoice MONTHLY CHARGES UNIFORMS 05/14/2025 05/27/2025 54.69 525 601.61.61.12.5702 UT 423046289 2 Invoice MONTHLY CHARGES UNIFORMS 05/14/2025 05/27/2025 54.68 525 605.56.09.21.5835 UT423121107 2 Invoice MONTHLY CHARGES UNIFORMS 05/21/2025 05/27/2025 54.69 525 605.56.09.21.5835 UT423121107 1 Invoice MONTHLY CHARGES UNIFORMS 05/21/2025 05/27/2025 54.68 525 601.61.61.12.5702 Total CINTAS CORP: 746.92 CLEAN RITE SUPPLY, INC 151089 1 Invoice TOILET PAPER BAGS HAND TOW 05/20/2025 05/27/2025 1,114.82 525 100.02.20.01.5415 Total CLEAN RITE SUPPLY, INC: 1,114.82 COMPASS MINERALS AMERICA 1448435 1 Invoice 41.84 TN 01/31/2025 05/27/2025 3,383.18 525 100.04.51.05.5747 1463313 1 Invoice 19.18 TN 02/19/2025 05/27/2025 1,550.89 525 100.04.51.05.5747 1493553 1 Invoice 20.9 TN 04/24/2025 05/27/2025 1,689.97 525 100.04.51.05.5747 Total COMPASS MINERALS AMERICA: 6,624.04 COMPLETE OFFICE OF WIS 573371 1 Invoice CLEANING SUPPLIES/PAPER TOW 05/22/2025 05/27/2025 75.98- 525 100.02.20.01.5415 848721 1 Invoice RUBBER BANDS 01/10/2025 05/27/2025 7.46 525 100.01.03.00.5701 921491 1 Invoice PAPER 05/20/2025 05/27/2025 475.00 525 100.02.20.01.5701 Total COMPLETE OFFICE OF WIS: 406.48 CONCENTRA HEALTH SERVICES, INC 18267398 1 Invoice RANDOM DRUG SCREEN CDL QU 04/22/2025 05/27/2025 290.00 525 605.56.09.30.5305 Total CONCENTRA HEALTH SERVICES, INC: 290.00 CORE & MAIN LP W938991 1 Invoice SOCKET MEGALUG GASKET T-H 05/08/2025 05/27/2025 1,617.06 525 605.54.06.51.5410 W941016 1 Invoice MEGALUG GASKET T-HEAD 05/08/2025 05/27/2025 4,665.00 525 605.54.06.54.5702 W996356 1 Invoice CURB BOX LID VALVE KEY REED 05/20/2025 05/27/2025 685.80 525 605.54.06.52.5702 Total CORE & MAIN LP: 6,967.86 DAN PLAUTZ CLEANING SRV., INC 8748 1 Invoice CITY HALL MAY 2025 05/13/2025 05/27/2025 3,208.00 525 100.01.09.00.5835 8749 1 Invoice PD CLEANING MAY 05/20/2025 05/27/2025 3,467.00 525 100.02.20.01.5835 8750 1 Invoice 05 25 MAY CLEANING 05/13/2025 05/27/2025 4,134.00 525 100.05.71.00.5835 8751 1 Invoice OLD TOWN HALL CLEANING MAY 05/13/2025 05/27/2025 807.00 525 100.04.51.11.5820 8752 1 Invoice MAY CLEANING 05/13/2025 05/27/2025 809.00 525 100.04.51.08.5415 8753 2 Invoice MAY CLEANING 05/13/2025 05/27/2025 212.00 525 605.56.09.23.5815 8753 1 Invoice MAY CLEANING 05/13/2025 05/27/2025 212.00 525 601.61.61.15.5415 8754 1 Invoice PARKS CLEANING MAY 05/13/2025 05/27/2025 1,549.00 525 100.04.51.11.5820 Total DAN PLAUTZ CLEANING SRV., INC: 14,398.00 DC MOTORS PLUS INC 82567 1 Invoice JB REGULATOR LOCK OFF VACU 05/14/2025 05/27/2025 246.16 525 100.04.51.11.5405 14 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 5/14/2025-5/27/2025 Page: 5 May 23, 2025 08:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total DC MOTORS PLUS INC: 246.16 DF TOMASINI INC. DFT #2326-53 1 Invoice JANESVILLE WATER BREAK 05/21/2025 05/27/2025 8,092.38 525 605.54.06.52.5410 Total DF TOMASINI INC.: 8,092.38 DIVERSIFIED BENEFIT SERV INC. 442396 1 Invoice MAY 2025 HRAADMIN SERVICES 05/05/2025 05/27/2025 465.13 525 100.01.06.00.5203 Total DIVERSIFIED BENEFIT SERV INC.: 465.13 EAGLE MEDIA INC. 00141719 1 Invoice ADOPT A TRAIL/PARK SIGNS 05/14/2025 05/27/2025 254.42 525 100.04.51.03.5743 00141736 1 Invoice HIGH VISIBILITY SHIRTS 05/20/2025 05/27/2025 2,363.00 525 410.08.91.20.6534 00141758 1 Invoice BOAT PATRO POLO SULLIVAN 05/20/2025 05/27/2025 51.93 525 100.02.20.01.5115 00141802 1 Invoice CA POLOS 05/20/2025 05/27/2025 284.70 525 100.02.20.01.5721 Total EAGLE MEDIA INC.: 2,954.05 EDGE ELECTRIC OF WISCONSIN 20250659 1 Invoice REFUND SKUBAL 05/06/2025 05/27/2025 57.60 525 100.02.25.00.4250 Total EDGE ELECTRIC OF WISCONSIN: 57.60 ELLIOTT'S ACE HARDWARE 855811 1 Invoice SPACKLING CMPND BUTT CONNE 05/07/2025 05/27/2025 28.14 525 100.02.20.01.5415 855881 1 Invoice WALBOARD ANC KIT BLUE SPRA 05/14/2025 05/27/2025 34.18 525 100.01.09.00.5415 855892 1 Invoice ULTRASPRAY PN PHIL 05/14/2025 05/27/2025 20.68 525 100.01.09.00.5415 Total ELLIOTT'S ACE HARDWARE: 83.00 EMBLEM AUTHORITY, THE 48763 1 Invoice BADGES PATCHES FOR NEW JAC 05/20/2025 05/27/2025 272.00 525 410.08.91.20.6534 Total EMBLEM AUTHORITY, THE: 272.00 ETI CORP ET052725 1 Invoice LICENSE MGR SOFTWARE / MAY 05/15/2025 05/27/2025 494.00 525 100.01.03.01.5506 Total ETI CORP: 494.00 FIRST RESPONDERS PSYCHOLOGICAL SERVICES 0425mkpd 1 Invoice THERAPY 05/20/2025 05/27/2025 1,375.00 525 100.02.20.01.5845 Total FIRST RESPONDERS PSYCHOLOGICAL SERVICES: 1,375.00 FLEET CHARGE 2362322P 1 Invoice SENSORS 05/08/2025 05/27/2025 313.79 525 100.04.51.07.5405 2363201P 1 Invoice VALVE 05/21/2025 05/27/2025 706.12 525 100.04.51.07.5405 CM2322897P 1 Invoice CREDIT 05/08/2025 05/27/2025 126.35- 525 100.04.51.07.5405 Total FLEET CHARGE: 893.56 FRANKLIN RECREATION DEPARTMENT win/spring Jan- 1 Invoice CLASS INSTRUCTION COOKING/E 05/20/2025 05/27/2025 168.00 525 100.05.72.18.5110 win/spring Jan- 2 Invoice CLASS INSTRUCTION FITNESS 05/20/2025 05/27/2025 912.50 525 100.05.72.13.5110 15 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 5/14/2025-5/27/2025 Page: 6 May 23, 2025 08:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total FRANKLIN RECREATION DEPARTMENT: 1,080.50 GAIL BARTZ LEVIN 5510 1 Invoice CLASS INSTRUCTION PUNCH PAS 05/19/2025 05/27/2025 500.00 525 100.05.72.13.5110 Total GAIL BARTZ LEVIN: 500.00 GALLS, LLC 031295017 1 Invoice SANDRETTI UNIFORMS 05/20/2025 05/27/2025 3.99 525 100.02.20.01.5151 Total GALLS, LLC: 3.99 GENERAL CODE PG000041317 1 Invoice ORD. #1496-#1500 05/07/2025 05/27/2025 2,035.00 525 100.01.06.00.5506 Total GENERAL CODE: 2,035.00 GLEASON REDI MIX 341433 1 Invoice 6 BAG AIR 05/08/2025 05/27/2025 252.00 525 100.04.51.04.5744 341434 1 Invoice #1 SLURRY, FUEL CHARGE ENVI 05/08/2025 05/27/2025 982.00 525 605.54.06.51.5410 341548 1 Invoice 6 BAG AIR & FUEL & ENVIRONME 05/12/2025 05/27/2025 467.50 525 100.04.51.04.5744 Total GLEASON REDI MIX: 1,701.50 GOVERMENTJOBS.COM INC 134261 1 Invoice NEOGOV - JOB POSTING SOFTW 04/26/2025 05/27/2025 6,264.97 525 100.01.01.01.5506 Total GOVERMENTJOBS.COM INC: 6,264.97 GRAEF INC 0138748 1 Invoice MALLARD POINTE DEVELOPMEN 05/21/2025 05/27/2025 3,053.50 525 507.00.00.00.2740 0138750 1 Invoice APPLE HILLS DEVELOPMENT 05/21/2025 05/27/2025 2,143.32 525 507.00.00.00.2692 0138751 1 Invoice BASELER HENNEBERRY DEVELO 05/21/2025 05/27/2025 262.50 525 507.00.00.00.2665 0138752 1 Invoice GOLF VIEW ESTATES 05/21/2025 05/27/2025 480.00 525 507.00.00.00.2724 0138754 1 Invoice DAM INSPECTION 05/21/2025 05/27/2025 366.25 525 100.04.51.09.5744 0138755 1 Invoice 2025 ROAD PROGRAM 05/21/2025 05/27/2025 3,943.50 525 100.07.51.02.6502 0138756 1 Invoice GENERAL ENGINEERING SERVIC 05/21/2025 05/27/2025 3,432.00 525 100.04.19.00.5815 0138757 1 Invoice TRACTOR SUPPLY 05/21/2025 05/27/2025 1,246.25 525 507.00.00.00.2652 0138758 1 Invoice TRACTOR SUPPLY CSM 05/21/2025 05/27/2025 286.50 525 507.00.00.00.2754 0138759 1 Invoice DENOON PARK SHELTER REVIEW 05/21/2025 05/27/2025 450.00 525 100.04.19.00.5815 0138760 1 Invoice BRIDGE/CULVERT INSPECTION 05/21/2025 05/27/2025 1,364.40 525 100.04.51.09.5744 0318749 1 Invoice KIRKLAND CROSSING DEVELOPM 05/21/2025 05/27/2025 33,985.48 525 507.00.00.00.2648 0318753 1 Invoice ST. PAUL LUTHERAN CHURCH 05/21/2025 05/27/2025 67.50 525 507.00.00.00.2640 Total GRAEF INC: 51,081.20 GRAINGER 9515145937 1 Invoice STRUT CHANNEL PIPE CLAMP 05/21/2025 05/27/2025 253.84 525 100.04.51.11.5415 Total GRAINGER: 253.84 H & H CIVIL CONSTRUCTION LLC 2508-01 2 Invoice RENO WORK @ KURTH PARK 05/09/2025 05/27/2025 3,500.00 525 202.08.94.74.6575 2508-01 1 Invoice RENO WORK @ HORN PARK 05/09/2025 05/27/2025 6,000.00 525 202.08.94.74.6570 Total H & H CIVIL CONSTRUCTION LLC: 9.500.00 16 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 7 Report dates: 5/14/2025-5/27/2025 May 23, 2025 08:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number HAWKINS INC. 7063153 1 Invoice AZONE 15 - SODIUM SILICATE 05/12/2025 05/27/2025 4,978.39 525 605.53.06.31.5750 7064235 1 Invoice INJECTION CHECK VALVE 05/13/2025 05/27/2025 259.49 525 605.53.06.32.5702 Total HAWKINS INC.: 5,237.88 HOLZ MOTORS INC 236898-1 1 Invoice SQUAD REPAIR PARTS 05/20/2025 05/27/2025 410.76 525 100.02.20.01.5405 Total HOLZ MOTORS INC: 410.76 HUMPHREY SERVICE PARTS 01P156394 1 Invoice WELD CURTAIN 04/16/2025 05/27/2025 939.69 525 100.04.51.07.5405 01 P158119 1 Invoice PIBBY BACK KIT 05/08/2025 05/27/2025 226.04 525 100.04.51.07.5405 Total HUMPHREY SERVICE PARTS: 1,165.73 IDI IN875890 1 Invoice REVERSE LOOKUP 05/20/2025 05/27/2025 143.00 525 100.02.20.01.5504 Total IDI: 143.00 INTERSTATE POWER SYSTEMS R041051998:0 1 Invoice GENERATOR INSPECTION 05/20/2025 05/27/2025 2,632.56 525 100.02.20.01.5415 Total INTERSTATE POWER SYSTEMS: 2,632.56 ITPIPES OPCO LLC B3052 1 Invoice 1/2 PAYMENT FOR IP PIPES_SLA 04/21/2025 05/27/2025 6,475.00 525 601.61.63.42.5509 B3052 2 Invoice 1/2 PAYMENT FOR IP PIPES_SLA 04/21/2025 05/27/2025 6,475.00 525 601.61.63.42.5509 Total ITPIPES OPCO LLC: 12,950.00 J & 0 TRUCKING INC 2025-12791 1 Invoice IDLE ISLE 05/20/2025 05/27/2025 4,633.04 525 100.04.51.02.5741 Total J & O TRUCKING INC: 4,633.04 JM BRENNAN INC. 11019879 2 Invoice PREVENTATIVE MAINTENANCE 05/17/2025 05/27/2025 187.00 525 100.02.20.01.5415 11019879 1 Invoice PREVENTATIVE MAINTENANCE 05/17/2025 05/27/2025 187.00 525 100.01.09.00.5415 11019879 3 Invoice PREVENTATIVE MAINTENANCE 05/17/2025 05/27/2025 187.25 525 100.05.71.00.5415 Total JM BRENNAN INC.: 561.25 KOWALKOWSKI PLUMBING LLC 8165 1 Invoice BLUHM PARK 05/05/2025 05/27/2025 351.08 525 605.54.06.52.5410 Total KOWALKOWSKI PLUMBING LLC: 351.08 LEGACY RECYCLING 3974 1 Invoice EMERALD PARK LANDFILL MAY 20 05/14/2025 05/27/2025 1,018.73 525 205.03.00.00.5820 Total LEGACY RECYCLING: 1,018.73 LIBERTY PRINTING 12120 1 Invoice BUSINESS CARDS 05/20/2025 05/27/2025 60.00 525 100.02.20.01.5723 17 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 5/14/2025-5/27/2025 Page: 8 May 23, 2025 08:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total LIBERTY PRINTING: 60.00 M.W. MARINE 446450 1 Invoice BOAT MAINTENANCE 05/20/2025 05/27/2025 1,922.95 525 100.02.20.01.5115 Total M.W. MARINE: 1,922.95 MENARDS 72841 1 Invoice CEDAR RAIL CEDAR LINE POST 05/05/2025 05/27/2025 1,948.83 525 100.05.72.19.5702 72868 1 Invoice MORTAR MIX O5/06/2025 05/27/2025 443.45 525 100.04.51.08.5415 72899 1 Invoice CEDAR END POST 05/07/2025 05/27/2025 70.76 525 100.04.51.11.5415 72908 1 Invoice SPRAY BOTTLES TOTE BOAT CU 05/07/2025 05/27/2025 85.80 525 215.06.00.00.5704 72954 1 Invoice BULBS 05/08/2025 05/27/2025 31.98 525 100.04.51.11.5415 Total MENARDS: 2,580.82 MIDSTATE TRAFFIC CONTROL, INC 2025-554 1 Invoice JANESVILLE & RACINE O5/18/2025 05/27/2025 1,500.00 525 605.54.06.52.5410 Total MIDSTATE TRAFFIC CONTROL, INC: 1,500.00 MIDWEST TAPE 507130965 1 Invoice AV 05/05/2025 05/27/2025 142.45 525 100.05.71.02.5711 507130966 1 Invoice AV 05/05/2025 05/27/2025 42.57 525 100.05.71.02.5711 507130968 1 Invoice AV O5/05/2025 05/27/2025 323.87 525 100.05.71.02.5711 507160369 1 Invoice AV 05/12/2025 05/27/2025 68.02 525 100.05.71.02.5711 507160381 1 Invoice AV 05/12/2025 05/27/2025 183.47 525 100.05.71.02.5711 Total MIDWEST TAPE: 760.38 MISS BECKY LLC 878 1 Invoice CLASS INSTRUCTION W/SP ZUMB 05/12/2025 05/27/2025 103.50 525 100.05.72.13.5110 Total MISS BECKY LLC: 103.50 MJ CONSTRUCTION INC 11012024-0430 1 Invoice PP II PHASE 2 #3 05/14/2025 05/27/2025 262,541.08 525 601.65.00.00.6516 Total MJ CONSTRUCTION INC: 262,541.08 MUSKEGO CONCRETE CONST. INC 0083 1 Invoice 26' CURB & GUTTER 05/16/2025 05/27/2025 3,000.00 525 605.54.06.52.5410 Total MUSKEGO CONCRETE CONST. INC: 3,000.00 NAPA AUTO PARTS 391191 1 Invoice SOLENOID 05/07/2025 05/27/2025 34.00 525 605.54.06.50.5702 Total NAPA AUTO PARTS: 34.00 NORTHERN LAKE SERVICE INC 2507107 1 Invoice COLIFORM BACTERIA 05/06/2025 05/27/2025 30.00 525 605.56.09.23.5865 Total NORTHERN LAKE SERVICE INC: 30.00 PAYNE & DOLAN OF WISCONSIN 10-00032907 1 Invoice 3/8" 05/08/2025 05/27/2025 760.14 525 605.54.06.41.5702 18 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 9 Report dates: 5/14/2025-5/27/2025 May 23, 2025 08:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total PAYNE & DOLAN OF WISCONSIN: 760.14 PERRILL 264298 1 Invoice ROWAYWEB APPS 05/01/2025 05/27/2025 85.00 525 100.04.19.00.5815 Total PERRILL: 85.00 PROHEALTH CARE MEDICAL GROUP 10007072873 1 Invoice BLOOD DRAW 05/20/2025 05/20/2025 39.39 525 100.02.20.01.5722 Total PROHEALTH CARE MEDICAL GROUP: 39.39 QUALITY RESOURCE GROUP IN123262 1 Invoice PHOTO UPDATES 05/20/2025 05/27/2025 36.07 525 100.02.20.01.5415 Total QUALITY RESOURCE GROUP: 36.07 QUILL LLC 44040478 1 Invoice PENS 05/07/2025 05/27/2025 17.09 525 100.04.51.01.5701 Total QUILL LLC: 17.09 R.S. PAINT & TOOLS LLC 133687 1 Invoice FAST & TUFF MIX 50 GRASS SEED 05/12/2025 05/27/2025 5,108.85 525 100.04.51.04.5744 Total R.S. PAINT & TOOLS LLC: 5,108.85 RELIANCE STANDARD LIFE INS CO RE052725 1 Invoice JUNE 25 LTD PREMIUMS 05/22/2025 05/27/2025 551.87 525 100.00.00.00.2246 Total RELIANCE STANDARD LIFE INS CO: 551.87 RINDERLE TIRE INC. 155328 1 Invoice TIRES 05/07/2025 05/27/2025 620.00 525 100.04.51.07.5735 155332 1 Invoice SQD TIRES 05/20/2025 05/27/2025 1,357.72 525 100.02.20.01.5405 Total RINDERLE TIRE INC.: 1,977.72 RUEKERT & MIELKE INC 156887 1 Invoice SCADA TECH SUPPORT 05/13/2025 05/27/2025 1,135.00 525 601.61.61.16.5427 156888 1 Invoice SCADA TECH SUPPORT O5/13/2025 05/27/2025 2,774.90 525 601.61.63.42.5430 156889 1 Invoice CONSTRUCTION REVIEW 0322202 05/13/2025 05/27/2025 19,665.49 525 601.65.00.00.6516 Total RUEKERT & MIELKE INC: 23,575.39 RUNDLE-SPENCE S3260294.001 1 Invoice VIEGA 2 CXC PROPRESS 90 ELBO 05/21/2025 05/27/2025 140.94 525 100.04.51.08.5415 Total RUNDLE-SPENCE: 140.94 SAFEWAY PEST MANAGEMENT INC. 756546 1 Invoice OLD PD PEST CONTROL 05/19/2025 05/27/2025 45.00 525 100.02.20.01.5415 756547 1 Invoice PEST CONTROL CH 05/14/2025 05/27/2025 45.00 525 100.01.09.00.5415 756936 1 Invoice PEST CONTROL NEW PD 05/20/2025 05/27/2025 50.00 525 100.02.20.01.5415 757132 1 Invoice PEST CONTROL OLD TOWN HALL 05/20/2025 05/27/2025 60.00 525 100.04.51.11.5820 19 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 5/14/2025-5/27/2025 Page: 10 May 23, 2025 08:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Total SAFEWAY PEST MANAGEMENT INC.: 200.00 SEBERT S265820 4 Invoice MULCH 04/28/2025 05/27/2025 3,500.00 525 100.01.09.00.5415 S265820 3 Invoice MULCH 04/28/2025 05/27/2025 3,000.00 525 100.02.20.01.5415 S265820 2 Invoice MULCH 04/28/2025 05/27/2025 3,500.00 525 100.05.71.00.5415 S265820 1 Invoice MULCH 04/28/2025 05/27/2025 25,500.00 525 100.01.06.00.5820 Total SEBERT: 35,500.00 SECURIAN FINANCIAL GROUP INC SE05272025 1 Invoice JUNE 25 LIFE INS PREMIUMS 05/19/2025 05/27/2025 2,844.96 525 100.00.00.00.2207 Total SECURIAN FINANCIAL GROUP INC: 2,844.96 SHERWIN-WILLIAMS CO. 6557-4 1 Invoice 4.5 JUMBO-WD 05/16/2025 05/27/2025 16.76 525 100.02.20.01.5415 Total SHERWIN-WILLIAMS CO.: 16.76 SOMAR TEK LLC/ ENTERPRISES 103555 1 Invoice NOTEBOOKS 05/20/2025 05/27/2025 77.80 525 100.02.20.01.5701 Total SOMAR TEK LLC/ ENTERPRISES: 77.80 STATE OF WISCONSIN 505-00001014 1 Invoice MONTHLY CHARGE- STATE- EMAI 05/19/2025 05/27/2025 70.50 525 100.01.14.00.5507 Total STATE OF WISCONSIN: 70.50 STREICHER'S 11756605 1 Invoice PELOCK UNIFORMS 05/20/2025 05/27/2025 172.50 525 100.02.20.01.5151 11762188 1 Invoice CAPITAL JACKETS VELCOR PATC 05/20/2025 05/27/2025 607.50 525 410.08.91.20.6534 Total STREICHER'S: 780.00 TRI COUNTY CONTRACTING 20250677 1 Invoice REFUND KEIL 05/08/2025 05/27/2025 50.00 525 100.02.25.00.4250 20250678 1 Invoice REFUND SASKOWSKI 05/08/2025 05/27/2025 60.00 525 100.02.25.00.4250 Total TRI COUNTY CONTRACTING: 110.00 TRIEBOLD OUTDOOR POWER LLC IC55774 1 Invoice FILTER 05/08/2025 05/27/2025 98.53 525 100.04.51.11.5405 Total TRIEBOLD OUTDOOR POWER LLC: 98.53 TYLER TECHNOLOGIES INC 060-116482 1 Invoice ASSESSOR SERVICES - APRIL 202 05/12/2025 05/27/2025 4,186.00 525 100.01.04.00.5801 060-116483 1 Invoice REVAL SERVICES PROJECT -APR 05/12/2025 05/27/2025 6,751.80 525 100.01.04.00.5830 Total TYLER TECHNOLOGIES INC: 10,937.80 US CELLULAR 0726604088 3 Invoice MONTHLY CHARGE - IS 05/16/2025 05/27/2025 22.29 525 100.01.14.00.5601 0726604088 2 Invoice MONTHLY CHARGE - SEWER SCA 05/16/2025 05/27/2025 11.14 525 601.61.63.42.5606 0726604088 1 Invoice MONTHLY CHARGE - WATER SCA 05/16/2025 05/27/2025 11.14 525 605.56.09.21.5607 20 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Page: 11 Report dates: 5/14/2025-5/27/2025 May 23, 2025 08:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number 0726604088 4 Invoice MONTHLY CHARGE - DPW 05/16/2025 05/27/2025 22.28 525 100.04.51.01.5605 Total US CELLULAR: 66.85 USA BLUE BOOK INV00703975 1 Invoice 5 PC DEEP WELL SOCKET SET 05/07/2025 05/27/2025 195.59 525 605.54.06.52.5410 Total USA BLUE BOOK: 195.59 VERIZON WIRELESS 6113144586 1 Invoice PD- MONTHLY CELL O5/21/2025 05/27/2025 79.48 525 100.02.20.01.5604 Total VERIZON WIRELESS: 79.48 VON BRIESEN & ROPER S.C. 492994 1 Invoice PROF SVCS-PERSONNEL 05/13/2025 05/27/2025 1,058.50 525 100.01.05.00.5805 Total VON BRIESEN & ROPER S.C.: 1,058.50 WALDERA'S TOWING 25-28336 1 Invoice SAROYAN RD TOW 05/07/2025 05/27/2025 396.00 525 100.01.06.00.6075 Total WALDERA'S TOWING: 396.00 WAUKESHA CO DEPT OF PUBLIC WKS MUSKEGO LIB 1 Invoice PERMIT FEES O5/13/2025 05/27/2025 180.00 525 410.08.90.71.6504 Total WAUKESHA CO DEPT OF PUBLIC WKS: 180.00 WE ENERGIES 5478381774 1 Invoice LS GROUP - SEWER (00119) 05/15/2025 05/27/2025 1,780.06 525 601.61.61.20.5910 Total WE ENERGIES: 1,780.06 WESTERN CULVERT & SUPPLY INC 072679 1 Invoice CULVERT SUPPLIES 05/08/2025 05/27/2025 1,852.30 525 100.04.51.04.5745 Total WESTERN CULVERT & SUPPLY INC: 1,852.30 WILS 502487 1 Invoice WPLC 2025 BUYING POOL 01/22/2025 05/27/2025 4,301.00 525 100.05.71.03.5711 503017 1 Invoice MYWILS MEMBERSHIP 7/1/25-6/3 05/15/2025 05/27/2025 199.00 525 100.05.71.00.5305 Total WILS: 4,500.00 WISC DEPT OF JUSTICE - CIB L6806T APRIL 1 Invoice BACKGROUND CHECKS APRIL 20 04/30/2025 05/27/2025 266.00 525 100.01.06.00.6002 Total WISC DEPT OF JUSTICE - CIB: 266.00 WISCONSIN DNR-ENVIRONMENTAL FEES 268592830-20 1 Invoice MUSKEGO CITY MS4 05/12/2025 05/27/2025 3,000.00 525 216.08.00.00.6557 Total WISCONSIN DNR-ENVIRONMENTAL FEES: 3,000.00 Grand Totals: 592,075.52 21 CITY OF MUSKEGO Payment Approval Report - Board Report Alpha Report dates: 5/14/2025-5/27/2025 Page: 12 May 23, 2025 08:15AM Invoice Number SegNo Type Description Invoice Date Payment Due Date Total Cost GL Period GLAccount Number Report Criteria: Detail report. Invoices with totals above $0 included. Paid and unpaid invoices included. [Report]. Description = (<>) "1099 adjustment' 22 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #035-2025 APPROVAL OF RUSSET LLC DEVELOPER'S AGREEMENT WHEREAS, Russet LLC and the City of Muskego wish to enter into a Developer's Agreement regarding the Apple Hills Subdivision development located on the west side of Hillendale Drive approximately 570 feet north of Fireside Drive in the City of Muskego; and WHEREAS, the Developer's Agreement is for the construction and ultimate dedication to the City of public improvements at said location; and WHEREAS, the Finance Committee has reviewed and recommended approval of the Agreement between Russet LLC 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 the 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 Russet LLC and the City of Muskego for the Apple Hills Subdivision development; that staff is authorized to move forward with the Agreement upon the certification of this Resolution by the City Clerk. BE IT FURTHER RESOLVED that the Mayor and the City Clerk 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. BE IT FURTHER RESOLVED that the Mayor is authorized to sign such substantive changes made by the City Attorney. DATED THIS 27th DAY OF MAY 2025. SPONSORED BY: FINANCE COMMITTEE This is to certify that this is a true and accurate copy of Resolution #035-2025, which was adopted by the Common Council of the City of Muskego. City Clerk 5/25cmc 23 �„�iSKEGO Reports and Presentations to Finance/Common Council To: Finance/Common Council From: Scott Kroeger Department: Public Works & Development Subject: Russet LLC Developer's Agreement (DA) Date: May 27, 2025 Background Information: Russet LLC is submitting a Developer's Agreement for the development (Apple Hills) located on the west side of Hillendale Drive approximately 570 feet north of Fireside Drive. The development will construct public improvements (road, storm sewer, sanitary sewer, and watermain). 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. Russet LLC Developer's Agreement (DA) Recommendation for Action by Committee and/or Council: The Finance/Common Council approve the Russet LLC Developer's Agreement for signatures. Date of Committee Action: May 27, 2025 Planned Date of Council Action (if required): May 27, 2025 Total $ Needed: N/A Fiscal Note(s): N/A $ Budgeted: N/A Expenditure Account(s) to Be Used: N/A (3/2019) 24 APPLE HILLS DEVELOPER'S AGREEMENT This Agreement, made this day of , 202_ by and between Russet LLC (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 Apple Hills subdivision, on a part of the lands described as: LANDS INCLUDING RUSSET COURT AND LOT 2 OF CSM 8290 RECORDED AT THE WAUKESHA COUNTY REGISTER OF DEEDS ON JUNE 10, 1997 IN V. 72, P. 228- 232 DOC. NO. 2220713, BEING PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 18, TOWN 5 NORTH, RANGE 20 EAST, CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN, DESCRIBED AS FOLLOWS: Recording Area Name and Return Address City of Muskego Planning Division W182 S8200 Racine Ave. Muskego, WI 53150 Parcel ID # (PIN): COMMENCING AT THE EAST 1/4 CORNER OF SECTION 18, MSKC 2229.992.006 TOWN 5 NORTH, RANGE 20 EAST, THENCE S 88045'45" W, 1531.66 FEET; THENCE N 01°14'15" W, 602.11 FEET TO THE SOUTHEAST CORNER OF LOT 2 OF CERTIFIED SURVEY MAP 8290 AND THE POINT OF BEGINNING; THENCE S 88°46'37" W, ALONG THE SOUTH LINE OF LOT 2 OF CERTIFIED SURVEY MAP 8290, 692.33 FEET TO THE SOUTHWEST CORNER OF LOT 2 OF CERTIFIED SURVEY MAP 8290; THENCE N 00°07'00" E, ALONG THE WEST LINE OF LOT 2 OF CERTIFIED SURVEY MAP 8290, 451.42 FEET TO THE NORTHWEST CORNER OF LOT 2 OF CERTIFIED SURVEY MAP 8290; THENCE N 88°46'37" E, ALONG THE NORTH LINE OF LOT 2 OF CERTIFIED SURVEY MAP 8290, 598.94 FEET TO THE NORTHEAST CORNER OF LOT 2 OF CERTIFIED SURVEY MAP 8290; THENCE ALONG THE EAST LINE OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 8290 FOR THE FOLLOWING 3 COURSES: 1. THENCE S 01013'23" E, 94.00 FEET; 2. THENCE S 56°57'30" E, 109.03 FEET; 3. THENCE S 0011'06" W, 112.72 FEET TO THE NORTH RIGHT-OF-WAY OF RUSSET COURT ALSO BEING THE SOUTHWEST CORNER OF LOT 1 OF CERTIFIED SURVEY MAP NUMBER 7037; THENCE S 89°48'54" E, ALONG THE NORTH RIGHT-OF-WAY OF RUSSET COURT, 160.00 FEET; THENCE CONTINUING ALONG THE NORTH RIGHT-OF-WAY OF RUSSET COURT ALONG A TANGENT CURVE TO THE LEFT HAVING AN ARC LENGTH OF 23.56 FEET, A RADIUS OF 15.00 FEET, A DELTA ANGLE OF 90°0010011 , AND A CHORD BEARING N 45'11'06" E, 21.21 FEET; THENCE S 00'11'06" W, 90.00 FEET TO THE SOUTH RIGHT -OF WAY OF RUSSET COURT; THENCE ALONG THE SOUTH RIGHT-OF-WAY OF RUSSET COURT ALONG A CURVE TO THE LEFT HAVING AN ARC LENGTH OF 23.56 FEET, A RADIUS OF 15.00 FEET, A DELTA ANGLE OF 90°0010011 , AND A CHORD BEARING N 44048'54" W, 21.21 FEET; THENCE N 89048'54" W, ALONG THE SOUTH RIGHT-OF-WAY OF RUSSET COURT, 160.00 FEET TO THE NORTHWEST CORNER OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 7037; THENCE S 00'11'06" W, ALONG THE WEST LINE OF LOT 2 OF CERTIFIED SURVEY MAP NUMBER 7037 123.28 FEET TO THE POINT 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 25 WHEREAS, The Public Works & Development Director 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 LAND USE. The Development, as approved by Plan Commission Resolution #065-2021 consists of nine (9) single-family lots and one (1) outlot, along with a newly publicly dedicated roadway, with the features per the referenced resolution. 2. PHASING/IMPROVEMENTS. Developer and City agree that this Agreement is for the installation of public and private improvements in one phase consisting of water, sanitary sewer, storm sewer, stormwater improvements, landscaping, grading and roadway work and per the documents approved by Plan Commission Resolution #065-2021. SECTION II: PLATTING/ZONING 1. This Developer's Agreement addresses the development of land for the ten (10) single-family lots, all being under the Provisions of Sections 392 and 400 of the Municipal Code, and under the requirements of the RS-2 zoning district. 2. Developer shall entirely at its expense: a) Prior to beginning any work related to the public improvements discussed herein, delivery of a Letter of Credit/Bond in the amount required herein for the construction of improvements required by this Agreement. No construction activity related to any public improvements may commence until this Agreement has been executed and recorded, and the Letter of Credit/Bond has been tendered. b) Provide the City with title evidence showing that upon recording the final documents, the City will have good, indefeasible title to all interests in land to be dedicated or conveyed to the City by the various documents. c) 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. d) Place and install monuments required by State Statute or City Ordinance following completion of improvement. 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, storm sewer, sanitary 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. 2 26 Developer shall entirely at its expense: A. SANITARY SEWER: 1. Construct, install, furnish, and provide without cost to City, a complete sanitary sewage collection system throughout the entire Development, and including offsite improvements necessary to provide such system, as approved by the Public Works & Development Director or his designee and the Public Works 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 connection of any structure to the sanitary sewer systems. 3. Clean all sanitary sewers in the Subdivision 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 costs to complete the televising. 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 & Development Director or his designee and Public Works and Safety 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. ROADS AND STREETS: 1. 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, and asphalt street improvements, as approved by the Public Works & Development Director or his designee and Public Works & Safety 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 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, 3 (ram 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. D. 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 & Safety 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 & Safety 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 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. E. LANDSCAPING: 1. Preserve existing trees outside of the public right-of-way to the maximum extent possible, when installing the Subdivision improvements. Install new landscaping throughout the development, as to be approved by the Public Works & Development Department. 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 and in accordance with street tree and landscape plans on file in the Public Works & Development Department that are to be approved by the Planning Manager and City Forester. Street trees, which are defined as the trees located along the internal Subdivision roads in the 5' wide landscape easement, shall be planted by the Developer prior to the surface course of asphalt and no later than 2 years after final acceptance of the Improvements. All other landscaping shown on the aforementioned plans shall be installed following the construction of the binder course of asphalt. 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: 4 28 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 -site 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 Public Works & Development Director or his designee 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. 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/Bond 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/Bond 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/Bond. 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 the City for all costs incurred in the preparation and distribution of as -built data, including collection of data, revisions to 5 29 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 sanitary sewer, storm sewer, water main and roadway improvements, (excluding those facilities which are to be owned and maintained by the developer) 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, 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 and shall not negatively impact the building or any of its tenants. 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: The sanitary sewer, water, and surface water drainage facilities required to serve such homes are connected with an operational system as required herein, and the installation of the bituminous concrete base course pavement has been properly installed, and 2. Deed Restrictions and the Stormwater Management Maintenance Agreement have been recorded and a copy of the recorded documents are delivered to the Community Development Department, and 3. Video tape of sanitary sewer system has been completed by the Utilities Department, and the results found acceptable by the Utility Superintendent, and C.1 30 4. Certification is provided to the Public Works & Development Director or his designee by a Registered Land Surveyor that all lot grading conforms 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 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 occupancy being granted for the use of any of the building(s). 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. 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. 7. 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. 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 7 31 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 final acceptance of each Improvement detailed in Section III. 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. 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 M 32 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) for one person and at least Five Million Dollars ($5,000,000.00) per occurrence, 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. No work on the project may begin until the insurance and written endorsements named herein are provided to the City in the form as approved by the City Attorney. 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 : RISK OF PROCEEDING WITH IMPROVEMENTS PRIOR TO APPROVAL OF FINAL PLAT: If a Developer proceeds with the installation of Improvements or other work on the site prior to approval of the Final Plat, it proceeds at its own risk as to whether or not the Final Plat will receive all necessary approvals. The Developer, prior to commencement of the installation of Improvements or other work on site, shall notify the City of the Developer's intention to proceed with the installation of Improvements or other work on site, prior to approval of the Final Plat. Additionally, Developer shall make arrangements to have any Improvements and/or other work on site inspected by the Public Works & Development Director or his designee. SECTION XVI : 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 XVII : CONSTRUCTION PERMITS, ETC. The City shall, within its authority: 1. Issue such permits, adopt such resolutions, and execute such documents as may be necessary to permit the 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. 9 33 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 XVIII, Building and Occupancy Permits. SECTION XVIII : BUILDING AND OCCUPANCY PERMITS: It is expressly understood and agreed that no buildings or occupancy permit shall be issued until the City Engineer or his designee has determined that: 1. All parameters of Plan Commission Resolution #065-2021 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/Bond 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 Final Plat is recorded and appropriate copies are delivered to the Community Development Department. SECTION XIX : 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, but no permits and/or occupancy shall be unreasonably withheld. SECTION XX : FINANCIAL GUARANTEES: Bond: Concurrent with the execution of this Agreement by the City, the Developer shall file with the City a Bond, setting forth terms and conditions upon which the City may draw upon the same, in the City Attorney approved form, in the amount of $1,054,085.00 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 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 Bond 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 Bond is not timely extended, renewed or 10 34 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 Bond, or d) The Developer fails to maintain a Bond in an amount approved by Public Works & Development Director 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 Bond: 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 Bond requires renewal, the City shall reduce the required amount of the Bond 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 XXI : 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 XXIII, 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. 11 35 SECTION XXII : 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 XXIII : 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 XXIV: SALE OF LOTS: No lots in the Subdivision 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, and until the Final Plat has been recorded. SECTION XXV : 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: Community Development Department - City of Muskego W182 S8200 Racine Avenue Muskego, WI 53150 (262) 679-4136 To Developer: Russet LLC C/O John Jewell S75W17237 Janesville Road Muskego, WI 53150 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 XXVI : RECORDING This Agreement shall be recorded against the Development property and shall run with the land. 12 36 SECTION XXVII : 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. RUSSET LLC: By: John Jewell 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 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 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 13 37 CERTIFICATION This is to certify that the foregoing is a true and correct copy of the Developer's Agreement for Apple Hills, Muskego, Wisconsin, as entered into on the day of , 202_ by and between Russet LLC 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 14 38 CITY OF MUSKEGO FINANCE COMMITTEE MINUTES April 8, 2025 5:55 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 5:55 pm. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. tt� C4 of USKEGO APPROVED ROLL CALL Present: Mayor Petfalski, Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Absent: Also present: Alderperson Hammel, Alderperson Decker, Alderperson Schwer, Alderperson Kubacki, City Attorney Warchol, Planning Manager Trzebiatowski, Recreation Program Manager Dunn, Interim Finance & Administration Director Mustapich, City Clerk Roller PUBLIC MEETING NOTICE City Clerk Roller stated that the meeting was noticed in accordance with the open meeting law on Friday, April 4, 2025. APPROVAL OF MINUTES Finance Committee Minutes - March 25, 2025 FCM.2025.03.25 DRAFT.docx Moved by Alderperson Wolfe; seconded by Alderperson Schroeder to Approve. Motion Passed: 3 - 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None NEW BUSINESS Recommend Approval of Clinical Education Agreement between the Board of Regents of the University of Wisconsin System on Behalf of the University of Wisconsin - La Crosse and the City of Muskego for the Purpose of Enlisting a Summer Intern for the Recreation Department Staff Memo UW-LaCrosse agreement 040825.docx affiliation -renewing -rev 01.08.2025.pdf Moved by Alderperson Madden; seconded by Alderperson Schroeder to Recommend for Approval. Motion Passed: 3 — 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None 39 Finance Committee Minutes — April 8, 2025 Page 12 VOUCHER APPROVAL Recommend Approval of Utility Vouchers in the amount of $41,544.34 Vouchers - Total Sheet.pdf Board Report Alpha.pdf Moved by Alderperson Schroeder, seconded by Alderperson Madden to Recommend for Approval. Motion Passed: 3 — 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None Recommend Approval of General Fund Vouchers in the amount of $616,498.74 Vouchers - Total Sheet.pdf Board Report Alpha.pdf Moved by Alderperson Schroeder; seconded by Alderperson Wolfe to Recommend for Approval. Motion Passed: 3 — 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None Recommend Approval of Wire Transfers for Payroll/Invoice Transmittals in the amount of $479,969.16 Vouchers - Total Sheet.pdf Board Report Alpha.pdf Moved by Alderperson Schroeder; seconded by Alderperson Madden to Recommend for Approval. Motion Passed: 3 — 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None FINANCE DIRECTOR'S REPORT None. COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW None. ADJOURNMENT Moved by Alderperson Wolfe; seconded by Alderperson Madden to Adjourn at 5:59 pm. Motion Passed: 3 — 0 Voting For: Alderperson Wolfe, Alderperson Schroeder, Alderperson Madden Voting Against: None Minutes recorded by City Clerk Roller & transcribed by Assistant Deputy Clerk -Treasurer Crisp. 40