CCR1986124RESOLUTION # 124-86
APPROVAL OF FUTURE PARKLAND DEVELOPMENT
LANDFILL NEGOTIATED AGREEMENT
WHEREAS, in amended Resolution #92-86, Future Parkland Landfill
Negotiating Committee submitted the proposed Agreement between
Future Parkland Development, Inc. and the City of Muskego for
review; and
WHEREAS, the Common Council submitted the proposed Agreement to
the City Attorney, City Engineer, Zoning Officer, Plan
Commission, Financial Advisor, Auditors and Assessor for their
review; and
WHEREAS, a Public Hearing was held on Tuesday, June 3, 1986; and
WHEREAS, the Future Parkland Landfill Negotiating Committee
Parkland Development, Inc. approved said agreement.
adopted this agreement on Thursday, June 5, 1986, and Future
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Future Parkland
Landfill Negotiating Committee, does hereby authorize the Mayor
Muskego, Briggs & Stratton Corporation, and Future Parkland and Clerk to execute the attached Agreement between the City of
Development, Inc., upon execution of the Agreement by all other
parties by their properly authorized representatives, upon
execution of the attached Hold Harmless and Indemnity Agreement
by Briggs h Stratton, Inc. and Future Parkland Development, Inc.
by their properly authorized representatives, and upon payment of
Agreement.
all the landfill expenses required by paragraph 10. of the
DATED THIS 10th DAY OF June , 1986. "
Ald. Frank DeAn elis
ATTEST :
I 6/86 ca
a
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FINAL
NEGOTIATED AGREEMENT
FOR
FUTURE PARKLAND DEVELOPMENT LANDFILL
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TABLE OF CONTENTS """"""-"-- """_"""""
PACE .
Introduction ....................... 1
Recitals ......................... 2
General Provisions .................... 3
Specific Provisions
1 . Commencement Date and Term ............. 5
2 . Standing Committee ................. 5 3 . Landfill Site Expansion .............. 6
4 . City Approvals ................... 7
5 Final Use ..................... 6 . Compliance With City Ordinances .......... a 7 . Direct Payment to City ............... 9
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8 . Direct Payment to County .............. 10
9 . Records ...................... 10
11 . City Responsibilities to Citizens ......... 11
14 . Local Property Value Protection .......... 14
Impact on Enjoyment of Property .......... 17
16 . Reimbursement for Exempt Property Taxes ...... 17
17 . Savings Clause .................. 17
Signatures ........................ 18
0 10 . Landfill Expenses ................. 11
5 13 Contested Case Hearing 13
12 . Covenants of the Landfill Operator Regarding Operation 11 . ...............
j 15 . Compensation to Local Property Owners for Adverse
FINAL
NEGOTIATED AGREEMENT
FUTURE PARKLAND DEVELOPMENT LANDFILL FOR
The Local Committee of the Future Parkland Development
Landfill, created pursuant to Chapter 144 of the Wisconsin
Statutes in response to the application of Future Parkland
Development, Inc. for licensure of a landfill in the City of
Muskego, having engaged in negotiations and meetings in response
to its statutory duties under Chapter 144 of the Wisconsin
Statutes, and Future Parkland Development, Inc., an applicant for
a landfill license under Chapter 144 of the Wisconsin Statutes,
do hereby agree that the agreement contained herein shall stand
as a Final Negotiated Agreement between the parties as defined in
Chapter 144 of the Wisconsin Statutes.
RECITALS
WHEREAS, Future Parkland Development, Inc. is a wholly-
owned subsidiary corporation of Briggs & Stratton Corporation,
existing by virtue of the corporation laws of the State of
Wisconsin (Future Parkland Development, Inc. being hereinafter
referred to as either the ltApplicanttt or "Landfill Operator"),
and desires to open and operate a sanitary landfill for the
disposal of non-hazardous foundry waste; and,
WHEREAS, the Applicant proposes to locate said proposed
landfill in the City of Muskego, Waukesha County, Wisconsin, more
specifically described as follows:
North 1/27 of the Northeast 1/4 of Section 36,
Township 5 North, Range 20 East, City of Muskego,
Waukesha County, Wisconsin;
and,
WHEREAS, the City of Muskego is a municipal corporation
existing by virtue of the laws of the State of Wisconsin
(hereinafter referred to as the "City"), and has a duty and obli-
gation to insure a safe environment for the health, safety and
welfare of its citizens; and, by virtue of Chapter 144 of the
Wisconsin Statutes, has joined the County of Waukesha
(hereinafter referred to as the "County") in appointing members
to a local negotiating committee to negotiate with the Applicant
concerning said proposed landfill site; and,
WHEREAS, a request by the City of Muskego for a contested
case hearing on the issues of feasibility and need of the pro-
posed site had been filed;
NOW, THEREFORE, in consideration of the promises and
mutual covenants contained herein, the parties agree as fOllOwS:
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GENERAL PROVISIONS
A. This Agreement shall be applicable to the present
Applicant, its successors and assigns, and to all parties to
which the Applicant may transfer any or all of its interests or
operations, contracts or subcontracts concerning its ownership
and responsibilities under this Agreement and State law with
respect to the proposed landfill site. As the Applicant is a
wholly-owned subsidiary of Briggs & Stratton Corporation, Briggs
& Stratton Corporation shall guarantee and assure that the
Applicant carries out all of its responsibilities provided for
herein or under State law in the event that the Applicant is
unable to carry out such responsibilities. Further, Briggs and
Stratton Corporation shall be jointly and severally liable for
any and all liability which may be imputed to the Applicant under
this Agreement.
B. That in conjunction with the foregoing, the Applicant
shall notify the City and the State of Wisconsin/Department of
Natural Resources of any and all changes in ownership or opera-
tion of the Future Parkland Development landfill site, and pro-
vide proof that any such successor or assign has notice and
acknowledges this Agreement and the duties and obligations
hereunder.
C. That in conjunction with the foregoing, the Applicant
shall not transfer any of its interests in the operation of the
landfill or of its property interests in the landfill unless such
party or entity (hereinafter referred to as the "Transferee") can
be demonstrated by the Applicant or the Transferee to have the
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ability, both financial and operational, to comply with the terms
of this Agreement, the State of Wisconsin/Department of Natural
Resources landfill license, and applicable State law. The
Applicant or the Transferee shall provide documentation suf-
ficient to demonstrate the same prior to transferring any such
interests. The City shall have standing to challenge such
transfer if the City believes that the Transferee is not finan-
cially able or otherwise able to comply with the requirements Of
this Agreement, the State of Wisconsin/Department of Natural
Resources landfill license, and applicable State law. The City
shall have sixty (60) days from receipt of the aforementioned
documentation in which to bring action in circuit court to
enforce this provision.
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SPECIFIC PROVISIONS
1. Commencement Date and Term. The commencement date of
this Agreement shall be the date on which the City formally
approves the Negotiated Agreement between the Applicant and the
Local Negotiating Committee.
The term of this Agreement shall be equal to the active
site life of the proposed Landfill as set forth in the
Applicant's feasibility report or as hereinafter set forth in
this Agree,ment. Notwithstanding the foregoing, the Applicant
shall be responsible for proper closure of the site as set forth
by the State of Wisconsin/Department of Natural Resources
(hereinafter referred to as the 'lDNR'l) and State law, as well as
hereinafter set forth in this Agreement.
2. Standing Committee. The Applicant and the City
agrees to the formation of a Standing Committee which will con-
sist of one (1) member appointed by the Waukesha County Board,
one (1) member of the Muskego City Council, two (2) area resi-
dents of the City of Muskego, and one (1) representative of the
Landfill Operator. The Committee will have the functions and
powers described in Exhibit ffAff attached hereto and made a part
hereof by reference.
Subject to the monetary limitations set forth below, the
Landfill Operator agrees to contribute toward the reasonable
operational expenses incurred by the Standing committee for it3
actions taken pursuant to this Agreement. Standing Committee
operational expenses shall include, without limitation, the Costs
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of technical assistance retained by the Committee to provide ana-
lyses, explanations, advice and opinions regarding any data pro-
vided to the Committee, legal assistance when required to carry
out the powers of the Standing Committee, and reasonable expenses
incurred in monitoring compliance with this Agreement.
The Landfill Operator shall pay to the Standing Committee
the sum of $2,000.00 prior to the receipt of waste at the land-
fill and thereafter prior to the beginning of each fiscal year
for the first seven (7) years of this Agreement, and $2,500.00
annually for the eighth (8th) and any subsequent year thereafter
that waste is received. Such payments shall constitute payment
of Standing Committee expenses and funding of payments to local
property owners stated in paragraph #lo of Exhibit ',A". The
Standing Committee shall not incur any expenses beyond its allotted
payment as provided for herein.
3. Landfill Site Expansion. The Applicant has proposed
to develop thirteen (13) acres (excluding berms, roads, liners,
etc.) at the present time for its active landfill. The Applicant
agrees that the landfill site shall never exceed forty (40) acres
(including berms, roads, liners, etc.).
In the event that the Applicant proposes to expand the
site beyond the initial thirteen (13) acres, the Applicant shall
prepare and submit a feasibility report for the expansion to the
City and the DNR. The Applicant shall submit the feasibility
report to the City by certified mail, or personal delivery, with
a separate written notice stating that it desires to expand the
site to include the additional acreage. The City shall have
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ninety (90) days in which to either renew this Agreement as
hereinafter provided or reject the same, subjecting the proposed
expansion to negotiations under the law as it shall exist at that
time.
If the City does not renew and continue this Agreement,
this Agreement shall be limited to the original thirteen (13)
acre site and apply to that thirteen (13) acres until that area
is "filledf1. "Filled" shall be deemed to have occurred when the
Landfill Operator has exhausted the space or volume of the original
site as proposed in its feasibility study.
If the City chooses to renew this Agreement and continue
its applicability to the expansion proposed in the feasibility
report mentioned above, it shall formally do so by motion or
resolution within the ninety (90) day period and notify the
Awl
City
bind
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cant by certified mail or personal delivery of such action.
The parties agree that if this Agreement is renewed by the
all terms and conditions stated in this Agreement shall be
ng on both parties and applicable to the proposed expansion.
Both parties may extend the time deadlines set forth in this sec-
tion. The parties may further choose to limit the renegotiation
to specific issues, and apply the renegotiated agreement to the
expansion stated herein.
4. City Approvals. The City agrees to issue a
Conditional Use Grant allowing the Applicant's proposed landfill
development, waiving other local approvals, and extending the
time limitation set forth in Section 1 of Ordinance 534A to 18
months after execution of this Agreement, subject to the conditions
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stated hereinafter and the Applicant's
Agreement.
The Applicant further agrees to
stated in City of Muskego Plan Commissi
attached hereto as Exhibit 'IB" and the
compliance with this
the terms and conditions
on Resolution No. 102A-85
Plan Commission's
Conditional Use Grant attached thereto.
The Applicant further agrees to the "Additional Conditions
of Grant of Conditional Use" attached to the Resolution as
Exhibit "A" of the Resolution, and attached hereto as Exhibit "C".
5. Final Use. After termination of all landfilling
operations, the Landfill Operator and the City shall agree on
subsequent uses of the landfill area, such permitted uses to be
binding on all future owners of the landfill area, as long as such
uses are consistent with the final closure plan and preserve the
environmental integrity of the landfill area.
6. Compliance With City Ordinances. The Applicant shall
comply with Sections 11.03 and 11.04 of the City's Municipal
Ordinance Code, except as expressly provided below:
a.
b.
C.
Section 11.03(3) pertaining to annual permit fees
and renewals shall not apply. Instead, the
Applicant's annual licensing fee shall be as pro-
vided in Section 7 of this Agreement. The term of
this license shall be concurrent with the life of
the Conditional Use Permit.
Section 11.03(8) pertaining to termination of use
shall not apply. Termination of use shall be
governed by the Applicant's plan of operation and
closure plan, as approved by DNR, and the
Conditional Use Permit.
Any provision inconsistent or inapplicable to the
type of landfill operated by the Applicant shall
not apply.
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d. Any term inconsistent with the Conditional Use
Permit shall not apply.
7. Direct Payment to City. In consideration of the approvals
contained herein, the Landfill Operator agrees to pay to the City
an annual fee for fifteen (15) years or as hereinafter stated.
The annual fee shall be $25,000.00 for the first seven (7) years,
and $30,000.00 for the last eight (8) years. Such payments shall
be paid on a "fiscal" year basis. The ftfiscal" year for purposes
of annual payments shall begin on the first (1st) day that waste
is received at the site. That date shall control all succeeding
"fiscal" years.
The annual license fee for each fiscal year shall be paid
prior to the first day of each fiscal year. If the Landfill
Operator receives approval for an extension beyond its fifteen
(15) year time period, or deposits waste in the original thirteen
(13) acre proposed fill area after the last day of the fifteenth
(15th) ttfiscaltt year, the Landfill Operator shall pay an annual
fee of $35,000.00 per year for the sixteenth (16th) and all suc-
ceeding "fiscal" years.
Annual payments shall be subject to the following con-
ditions:
a. If the entire original thirteen (13) acre site
state law prior to the fifteenth (15th) year,
is both "filledtf and closed in compliance with
payments shall continue at the rate of $30,000.00
per year through the fifteenth (15th) year.
b. If the landfill is not fffilledlt but is closed in
compliance with State law before the end of the
fifteenth (15th) year, annual payments shall be
adjusted as provided below. The "fill percentage"
shall equal that portion of the site's design
capacity that has been filled. The "pay percen-
tage" shall equal that portion Of $415,000.00
already paid to the City under this Agreement. If
centage, then no further payment shall be due. If the pay percentage equals or exceeds the fill per-
centage, then the Landfill Operator shall pay the
the fill percentage is greater than the pay per-
City prior to closure an amount necessary to
render the two percentages equal.
If the Landfill Operator wishes to place waste from other
foundries at the landfill, it shall reach an agreement with the
City for a tippage fee for such waste at a rate no less than
fifty cents ($.50) per ton prior to placement. This fee shall be
paid within thirty (30) days after each calendar quarter that
such waste is received.
Any delinquent payments shall accrue interest at the rate
of one percent (1%) per month and be compounded monthly.
8. Direct Payment to County. In the event that waste is
received at the landfill site which is not generated by Briggs
and Stratton Corporation, the Applicant shall pay to the County
of Waukesha the sum of $.25 per ton of waste received at the
site. Such sum shall be paid within thirty (30) days after the
last day of each fiscal year. All sums received by Waukesha
County will be set aside in a separate "Recycling Fund" to be
used solely for purposes of advancing recycling efforts within
Waukesha County. With such payment, the Landfill Operator shall
submit to the County an accounting of volumes of waste received
not generated by Briggs & Stratton Corporation.
Any late payment shall accrue interest at the rate of
one percent (1%) per month and shall be compounded monthly.
9. Records. The Landfill Operator shall provide the City
and County with a copy of any reports or records submitted to the
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ing each fiscal year pertaining to the amount of waste
5 Landfill Operator received, as well as any reports per-
~. to estimates of future waste receiving rates.
LO. Landfill Expenses. The Landfill Operator shall pay
sonable and necessary expenses of the Local Negotiating
se, including attorneys fees incurred by the Local
::ing Committee and the City relating to the landfill. All
Jenses shall be paid within thirty (30) days of execution
Agreement.
-1. City Responsibilities to Citizens. The parties to
f?eement understand that the City has certain duties and
.bilities for the health and welfare of its citizens, as
a duty to enforce its laws and ordinances. Consistent
3 rights and obligations under this Agreement, the City
-e does not waive any remedies it may have in law or
-n enforcing its laws or ordinances or in acting to pro-
3 health and welfare of its citizens. The City shall have
;J to enforce this Agreement.
.2. Covenants of the Landfill Operator Regarding Operation.
A. The Landfill Operator will not accept hazardous
is defined by either NR 181.04(44) and NR 181.12, or as
by the Resource Conservation and Recovery Act (P.L.
~ whichever is more stringent, for disposal at the land-
-,e. The Landfill Operator shall also not accept any gar-
inicipal solid waste, nor putrescible waste as defined in
.n Administrative Code NR 180.04(26), (35), and (47), and
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shall execute such a deed restriction no later than sixty (60)
days prior to receiving waste.
B. The Landfill Opzrator shall only operate
("operate" shall include daily cover and grading work) the land-
fill site between 7:OO A.M. and 6:OO P.M., Monday through Friday,
and from 9:OO A.M. and 2:OO P.M. on occasional Saturdays, not to
include removal of clay soils. The site shall not be open on
Saturdays more than twenty (20) times each year. The Landfill
Operator shall notify the City Clerk prior to opening on any
Saturday, by 3:OO P.M. of the last working day before such
Saturday opening.
C. The Landfill Operator shall comply with all
State directives concerning traffic controls or street work
as may be authorized by law at the juncture of any public right-
of-way and the landfill access road. The Landfill Operator shall
create a turn lane subject to State approval at the juncture of
Highway 45 and the landfill access road. The Landfill Gperator
and its waste haulers shall use Highways 36 and 45 within the
City to transport waste to the landfill. If this route is
blocked or detoured for any reason, the authorized detour route
or any other reasonable route may be used.
D. The Landfill Operator will comply, at all times,
with this Agreement and shall operate the site at all times in
substantial compliance with applicable Federal and State statu-
tes, Administrative Codes, regulations and requirements of the
DNR.
E. The Landfill Operator shall undertake the ground-
water monitoring program required by the DNR, imposed as a condition
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of its finding of feasibility, or any subsequent requirement made
by DNR to test groundwater or private wells. In addition to such
requirements, the Landfill Operator shall perform background
groundwater tests on Wells No. 1 through No. 3, No. 5 through No.
12, No. 21 and No.. 22 on Plate 2, Project 156.06, which was sub-
mitted as a part of its May 22, 1985 feasibility report. The
I results of such background tests shall be provided to the City
and to each resident tested.
F. The Landfill Operator agrees to limit the height
of its landfilling activities at the landfill to that stated in
the feasibility report.
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G. The Landfill Operator agrees that it shall prohi-
bit private cars and small trucks from using the facility for
dumping activities. 0 H. A breach of any such covenants, agreements or
responsibilities shall be grounds for the City to seek legal
action to enforce the provisions of this Agreement. In addition
to injunctive relief and specific performance, the City may seek
a per diem forfeiture for violation of this Agreement as provided
under the general penalty provisions of the City's Municipal
Code.
I. The Landfill Operator shall not stockpile or Store
any waste outside of the active area of the landfill site.
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13. Contested Case Hearing. As an additional consideration,
the City does hereby agree to withdraw from all pending contested
case actions against the Applicant concerning the licensure Of 0 this site. In addition, the City and County agree not to petition
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tion for judicial review of DNR's dec
feasibility report, plan of Operation
landfill site.
isions pertaining to the
, and/or licensure of the
14. Local Property Value Protection. The parties deem the
following properties to participate in benefits under this sec-
tion:
A. Wesel jak ;
B. Boehm;
C. Hoffman;
D. Mittelstadt; and,
E. Petroviak.
In consideration of the potential adverse impact that the
landfill may have on the above-named neighboring properties, the
Landfill Operator agrees to protect such properties in the event
of sale. Such program shall be administered as follows:
a. To be eligible for fair market value price pro-
tection under this section, owners of real estate
listed above must place their property on the
market for sale with a real estate broker licensed
such time as the applicable property is offered
under the laws of the State of Wisconsin. At
for sale, the owner must provide the Operator with
estate is listed and the proposed terms of sale.
both the name of the broker with which such real
The Operator shall then cause the property to be
appraised at its fair market value both (1) as of
that day and (2) as of that day but making the sole
additional assumption that the site described
herein had not been acquired for use as an
industrial landfill. The difference between the
two values, which solely represents the adverse
impact on property values, if any, caused by the
presence of the landfill, shall equal the
"diminished fair market" value of the property.
from appraisals performed under this section, must
Both of these values, and any others calculated
expressly take into account the affect of the
Waste Management landfill in Franklin on local
property values. The real estate appraiser hired
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by the Operator shall be certified as a member of
the American Institute of Appraisers or recognized
work independently of the Operator.
by the National Appraisers Association and shall
Upon its completion, the Operator shall make known
perty owner. In the event the affected property
the result of the appraisal to the affected pro-
owner disagrees with the valuation arrived at, he
or she shall have a right to obtain an appraisal
valuing the subject property in the same manner as
Any appraiser retained by the affected property
it was valued by the appraiser for the Operator.
owner shall be certified as a member of the
American Institute of Appraisers or recognized by
the National Appraisers Association and work inde-
all appraisers under this section shall be paid by
pendently of the property owner. The costs for
desires for purposes of offering the property for
the Landfill Operator. If the property owner so
sale, he or she may request of the Operator that the
first appraisal be performed by an appraiser of
appraisals described above shall be reversed.
the owner’s choice. If so, the order of
b. Computation of Fair Market Value. For purposes of
qt value” means the
value of the property as if the site described
herein had not been acquired for use as an
industrial landfill. Fair market value shall be
established as follows: 1) by a single appraiser
under subsection (a) if the results were accep-
table to both parties or 2) by agreement between
the two appraisers retained under subsection (a).
If the two appraisers retained under subsection
(a) do not agree, they shall meet forthwith and
have five (5) days to agree upon a fair market
value. If they are unable to agree, they shall
have seven (7) days to pick a third appraiser who
shall act as a review appraiser and shall arrive
at a fair market value within fifteen (15) days of
his or her selection. Diminished fair market
value, which is defined in subsection (a), shall
be established in the same manner as described in
this subsection.
c. Any property affected by this section shall con-
tlnue to be exposed for sale until:
1) The property owner sells it at the fair market
made by the Operator.
value price, in which case no payment shall be
2) The property owner receives an arm’s length written offer which is less than the fair
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market value. The property owner shall notify
the Operator of the offer and the Operator
shall elect to purchase the property at the fair market value or permit the property owner
owner the difference between the sale price and
to accept the offer and then pay the property
subsection (b). In any event, this subsection
the fair market value as determined under sub-
shall not apply unless the property has been on
the market for at least one hundred eighty (180)
days.
3) At least 270 days expire from the time the
property has been continuously exposed to the
market for sale and no offers of purchase have
been received. If no offers of purchase have
Operator shall make a one-time payment equal to
been received for the affected property, the
the diminished fair market value of the pro-
perty. The Operator shall not be obligated to
purchase the property.
4) The property owner chooses to sell the property
to one other than an arm's length purchaser.
Such property owner shall notify the Operator
at least thirty (30) days prior to the proposed
compensation under this section, appraisals
conveyance. If the property owner seeks
Fair market value shall be determined under
shall be made as provided for in subsection (a).
only be entitled to payment from the Operator
subsection (b) but the property owner shall
of the property rather than the difference be-
equivalent to the diminished fair market value
value price.
tween the purchase price and the fair market
d. Applicability Of Section.
1) This section shall apply only once to the first
transfer of any one parcel of property owned
by the individuals named above after execution
of this Agreement. This section shall not
apply, however, to transfers by gift, bequest
ation (i.e., termination of joint tenancy,
inheritance or other transfer not for compens-
transfer pursuant to divorce decree, etc.). In the event of a parcel which is subdivided,
only that portion which is transferred shall
no longer be eligible for further compensation.
A maximum of four (4) lots created by way of
subdivision of existing lots shall qualify
under this subsection.
2) Property owners conveying under this section
shall do so by deed or land contract.
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3) Any person who seeks to obtain fair market
value protection under this section shall
notify the Operator of his or her intention to
sell such property at least ten (10) working
days before offering such property for sale.
15. Compensation to Local Property Owners for Adverse
ImDact on Enjoyment of Propertl. The following property owners
shall be paid compensation in consideration of the potential
adverse impact on the enjoyment and use of their properties
because of the placement of the Future Parkland landfill in the
following amounts:
A. Weseljak -- $1,000.00;
B. Boehm -- $1,000.00;
C. Mittelstadt -- $500.00; and,
D. Petroviak -- $500.00.
Such payments shall be made within thirty (30) days after
commencement of construction of the landfill.
16. Reimbursement for Exempt Property Taxes. The Landfill
Operator shall reimburse the City for any property taxes not paid
due to the exemption of any portion of the landfill under state
law.
17. Savinus Clause. If any part of this Agreement should
be found to be unreasonable or unconstitutional by a court of
law, the remainder of the Agreement shall remain in full force.
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DATED this day of , 1986.
FUTURE PARKLAND DEVELOPMENT, INC.
BY :
President
BY:
Secretary
DATED this day of , 1986.
BRIGGS & STRATTON CORPORATION
BY:
President
BY :
Secretary
DATED this day of , 1986.
CITY OF HUSKEGO
BY :
WAYNE G. SALENTINE, Mayor
BY :
Clerk
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The City of Muskego (hereinafter referred
the Countv of Waukesha (hereinafter referre
STANDING COMMITTEE:
to as the "Citv").
1. Purpose.
~ ~~ - d to as the "Countyj, and Future Parkland Development, Inc.
"Applicanttt), agree to establish and participate in a committee
(hereinafter referred to as the tlLandfill Operator,, or
to monitor the construction and operation of the landfill site.
2. MembershiD. Membership on the committee shall consist
of one (1) member appointed by the Waukesha County Board Chair,
one (1) representative of the Landfill Operator, one (1) member
of the Muskego City Council, and two (2) residents who reside
South of Woods Road and East of Racine Avenue, excluding any
resident residing within one-half (1/2) mile of the site, except
properties presently owned by Hemowski, Jankowski, and Marold.
that Loomis Road residents may qualify, except residents of the
Further, no relative by blood or marriage of anyone so
disqualified to the degree of first cousin may serve on the
Standing Committee. The two (2) resident-members shall be
appointed by the Mayor and approved by the City Council. Each
public member of the committee shall serve for a term of three (3) years. The City shall be allowed to initally stagger the
terms of its three (3) appointees. The Committee shall elect,
city of chairperson. For any action taken by the committee,
from amongst its members, an individual to function in the capa-
mittee is required. The Landfill Operator shall be entitled to
unless otherwise expressly provided, a majority vote of the com-
send an alternate to any meeting of the committee to exercise its
full rights of membership.
by the City or County may voluntarily resign at any time, and any
3. Replacement and Removal. A committee member appointed
committee member appointed by the City shail automatically be
removed from the committee effective from the date that member no
longer resides in the area, as above stated. Upon the occurrence
of either, the City or, if applicable, the County, shall promptly
appoint a replacement.
Any committee member may be removed by the committee
committee.
for good cause and upon a four-fifths (4/5) vote of the
4. Quorum. Three (3) members shall constitute a quorum.
5. Documents. The Applicant shall provide copies of all
technical reports and monitoring data supplied to the State of
Wisconsin/Department of Natural Resources by the Landfill
Operator pertaining to the landfill, including the Plan of
Operation, any proposed amendments to the feasibility study or
any proposed changes to any special conditions imposed by the
State of Wisconsin/Department of Natural Resources, and shall
provide such copies free of charge to the committee membership.
Notice shall be provided to the Standing Committee at least three (3) weeks prior to commencement of construction of any new cells.
Exhibit "A" A-1
6. MeetinRs. The committee may establish a schedule
for meetings for the purposes of review, explanation and
discussion of said technical data and the status of the landfill
site construction, operation and closure. Special meetings of
the committee may be called by any member of the committee upon
five (5) days written notice for the purpose of addressing any
tion or closure. Upon the occurrence of an event deemed by any
issue of concern involving the landfill site construction, opera-
committee member to constitute an emergency condition, a special
meeting may be called with less than five (5) days notice, pro-
vided each committee member is personally notified. The public
may attend any committee meeting. Any written notice called for
in this agreement, except for emergency notice, shall be deemed
effectively provided when either personally delivered or sent by
mail to all members at the addresses listed by them with the com-
mittee.
bers with proper identification shall have the right to conduct 7. Committee Access to Site. Individual committee mem-
on-site inspections of the landfill site. Said inspections shall
be conducted during operating hours, but only after giving notice
to the Landfill Operatorls employee in charge at the landfill
site, if immediately available. If such individual is not imme-
diately available, then notice to any of the Landfill Operator's
employees on the site shall constitute notice under this
provision. In a condition deemed an "emergency" by the majority
of the committee, access during non-operating hours shall be pro-
vided as soon as possible upon notifying the Landfill Operator.
8. Violations. If, in the judgment of the majority of
the committee members, the landfill site is not being constructed
or operated in compliance with the Landfill Operator's approved
plan of operation, or with any applicable State statute or regu-
equity, the committee may serve written notice of such perceived
lation, or any other provision of law, whether it be in law or
Landfill Operator. Similarly, if any aspect of the construc-
non-compliance upon, and may make recommendations to, the
tion, operation or closure of the landfill site causes or is
likely to cause, in the judgment of the majority of the commit-
access road, litter, traffic flow, traffic patterns or inadequate
tee, a problem due to noise, dust, debris, odor, maintenance of
screening or fencing or any other problem, the committee may
serve upon the Landfill Operator written notice of the commit-
concern. The committee shall not have authority in its own right
tee's concern and make recommendations to remedy or address such
to commence litigation.
Nothing herein shall be construed to limit the right
or duty of the City or County officials to make such on-site
inspections as deemed necessary under their duties to protect the
public health and safety and to take action pursuant to law.
Similarly, nothing herein shall be construed to limit any legal
or equitable right of any neighboring property owner with respect
to individual legal rights pursuant to law. Furthermore, the
existence of the Standing Committee shall not constitute a waiver
of any County, City, or local property owners' public duties,
rights or privileges pursuant to law.
4-7
.
9. The Landfill Operator shall supply the Local Committee
with a telephone number at which one of its representatives can
be reached at all times, including weekends, holidays, and night-
time hours.
sit all funds received under DaranraDh #2 of the Nenotiated
10. Standing Committee. The Standing Committee shall depo-
Agreement in an interest-bearing account. The Staniing Committee
payments to property owners as hereinafter provided by majority
shall approve all disbursements from such account for expenses or
vote.
I.
Mittelstadt, Boehm, Petroviak and Weseljak properties only for Payments shall be made to the current owners of the
so long as they continue to own and reside at such properties.
Over the life of the site, the Standing Committee shall provide
for a minimum payment to each of the owners as follows:
Wesel jak
Boehm
Mittelstadt
Petroviak
$1,000.00
$1,000.00
$ 500.00
$ 500.00
amount not to exceed twenty percent (20%) of the property tax
bill to Boehm, Mittelstadt and Weseljak, and ten percent (10%)
shall be determined at a meeting of the Standing Committee during
to Petroviak. The exact payment for each preceding calendar year
the month of January following each calendar year.
The Standing Committee may authorize payments up to an
excess of the balance in its account as of December 31st of the
The Standing Committee may not issue payments in
preceding year. Any authorized payment not made due to the
insufficiency of funds in the account may be carried over to suc-
ceeding years until paid.
If there remains any sums in the account after closure
of the site, the Standing committee may disburse such sums to the
City or retain such sums for continuation of the Standing
Committee until the DNR certifies that leachate collection may
cease.
I .
Commission suggests
thbt the requiring Futuro Parkland
co execute an appropridto deed reatriction so that no garbage,
municipal solid waata nor putrercible woske as defined in Wis-
conain Administrative Coda NR 180.04(26), 'OS), and (47) may
evor be buried on Sita.
Dated chis .icJ dry ot I/ -. . / e , 190s
CITY Or IIUSKLGO
I
'\
c*
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- """""
Exhibit nBn B-1
Wore the.. .~~.~.~,..~.O~~SS~.O.~.. .of thc.. .Cg:.!Y..~ ... of. ......... M!.?.&.%9. Ll(urn. Bd", tGW. v1111l r-. hy,
"El?.!k.?.?.!E hty. W-m. in regard w Prmiro at.
inTovruhip.. 5 ...... North Ran;r ... 20 .&t.. .?!W.k.&!a .... County. ....
State oi Wiuonrin. further dacritai at folb-:
The North 1/2 of the Northeast 1/4 and the Northeast 1/4 Of the
Northwest 1/4 of Section 36, Township 5 North, Range 20 East, City
of Muskego, Waukesha County, Wisconsin.
.... .... ........ ..... .... .. GRANTED by aCriDn of the..Elan. .Ccmnissiomf Ihe. ..City. of Muskega .... .. ." ........
the. .dayof..-. ... ...... 19.. ,Gay. V.l!4. Ta -1
Atmt: ._ ...... ._ ........... ... Wavne G. Salentine ._ (sal)
................................. ........ . -. ....... MaYOr Charlotte L. Stewart W.W. R-k hum,
T,,L.Citv Clerk -
(Gv. '>'dlw. Torn cann) OIL
B
6. CondltlmU O11 UI. ma
,.~of-tim: 7:Ofl A.M. to 6:OO P.M. - Monday thru Friday: 9:00 A.M. to
b. Pd- stad&!& &tin# OD mtx..vibntiar. &. sn& Or dm:
2:oo P.M. - Occasional Saturday not to include removal of clay soils.
See Number 9.
c. Water &Y : On site well.
d, pmvims ~-dirpoul: System approved by all necessary governmental sgencie
C. (xhs: See Number 9.
7. CrmdIUoor 011 the Bulldlnb
New builcinqs
a. Facade matcnal of each building ¶de: / must be approved by Plan Commission.
b. Enrruua, him and hrlcn: MU#U#M##~###M"~ As in Site plan.
c. Sips atuched 10 the Budding. Location, Size. !him (including lighung): Any signs proposed
d. Exterior Llghtinsof thc hildlns: Any exterior lighting proposed must have Plan
e.Othn: All existing buildings be issued an Occupancy Certificate prior
must have Plan Comission approval.
Commlssion approval.
to occupancy.
8. Ccndltioas 011 the Sit.
a. Swat Arc- (number. lourim.dai~): Provide street address.
b. OffSuen Pulring (burim ud doim inc!udinn wrrrning therm0: AS provided in Plan of
c. LasdingandSmiceArma(lourim.nddoi~): As provided in Plan of Operation.
d. Ouulde Stomp 01 Maraida. P&u or Relux (hcicm d urcming rhmor): As provided in
e. Finished toFcgrsphy and buildinggrado. rcuming vdh. norm warn nul*R: As provided in Plan
1. bpwg of rhe Sire ud Buildinpr (ircluding plvn ty~. six. miry):
& Pedarrian rdkray.. C-Q. malm (kat- .nd aam): n/a
h. Sip (fret runding) loutinn. size. daim (urludinp lighrinp): See Number 7 (c) .
i. &mior LiahtLns of the siu. locarm bign mad povcr: As approved by Plan Comission.
i. Mu: Any proposed chanoe in the creek which transverses the Drooertv
Operation.
- llan of Operation.
of Operation.
Landscaping plan must b submitted to the Plan Comission for approval ,.
, ~~ must havb engineering Dians submitted to the Public Works Depbrthent'
and the City Engineer for approval. &" moll(*IOy""m"
9. See Exhibit .Am uhich is attached hereto ad mado a part hereof which
are additional conditions of this grlat.
EXHIBIT rrArf
SUPPLEMENTAL CONDITIONS OF GRANT OF CONDITIONAL USE
tions as submitted to the DNR shall also be submitted to the City
for review. The site shall be developed as presented by Future
Parkland Development and its agents with the additional pre-
cautions as noted below. All DNR permits and its recommendations
are included in the Conditional Use Permit by reference.
1. Prior to commencement of operations, the Plan of Opera-
location compatible with the future ultimate development of the
site as set forth in the DNR-approved Plan of Operations.
2. The access road to the site shall be constructed in a
3. The entire access road to the site shall be paved with
asphalt to the leachate loading area to minimize dust and noise
to the surrounding area.
access roads so that there is no interference with existing
drainage patterns, as set forth in the DNR-approved Plan of
Operations.
4. Drainage structures shall be constructed under all
will not damage or pollute downstream facilities, the following
5. In order to insure that excess run-off from the site
precautions shall be taken: A sedimentation pond shall be
approved by DNR. During the active phase of the landfill, site
constructed as proposed by Future Parkland Development and
run-off shall be directed to the basin with diversion berms and
swales on the perimeter of the filled area. Diversion berms on
the south side of the landfill shall be constructed to divert
off-site water away from the landfill and the sedimentation
after the entire site is filled and restored. Only upon the
basin. The sedimentation pond shall remain in use on site until
approval of the City may the sedimentation pond be removed or
altered. During operations, any precipitation which comes in
contact with landfill wastes shall be directed to the leachate
collection system.
6. Should any materials from the project site such as
wastes or sediments enter a waterway excluding the sedimentation
basin, such materials shall be removed immediately at Future
Parkland Development's expense. Sediments shall be removed from
ments to the waterway and placed back into the landfill or taken
the sedimentation basin as needed to eliminate discharge of sedi-
off site. The City shall be allowed to inspect and enforce this
provision.
7. If additional measures are required to control ero-
sion, silt and sedimentation run-off, such measures shall be
Exhibit "C' c-1
.
instituted immediately by Future Parkland Development at their
expense.
does not exceed the amount of run-off currently existing on the
site, a IIB" type soil cover with grass growing in good condition
shall be installed to achieve a run-off curve number of 61 as per
the Soil Conservation Service Technical Release No. 55.
8. In order to insure that run-off from the finished site
9. Final plans showing cell construction, final grades
and the leachate collection system shall be submitted to and approved
by the City prior to any construction commencing at the site.
10. The clay liner shall be constructed as stated in the
Muskego at any time during construction, desire to have indepen-
proposal and in accordance with NR 180. Should the City of
leachate collection system, three (3) such inspections during
dent spot inspection, of the City's choice, of the liner or
Future Parkland Development. The construction of 2' clay cap
each cell construction phase shall be allowed at the expense of
shall also meet the above conditions.
not exceed those as shown on the approved Plan of Operations.
11. The height and area of each cell constructed shall
12. Reproductible as-builts of each cell construction,
City.
grading and leachate collection system shall be provided to the
13. The maximum sub-surface flow distance to the leachate
collection system shall be 100 feet.
14. All excavations on the site relative to the fill
operation shall not be below elevation 768.5 MSL unless otherwise
required by the DNR.
regard to groundwater monitoring, liner construction, leachate
system construction and compaction of liner or cap fill material
shall also be given to the City of Muskego.
15. A copy of all test results submitted to the DNR with
16. Should the City of Muskego feel that additional
groundwater monitoring is required due to possible groundwater
contamination from the landfill, investigation and corrective
measures shall be taken by Future Parkland Development at their
expense.
17. If it appears that the leachate from the site has con-
taminated the groundwater supply beyond the landfill property
actions to contain and correct such contamination. All costs for
line, Future Parkland Development shall immediately commence
such containment or correction shall be borne by Future Parkland
Parkland Development shall submit a preliminary contamination
Development. As part of the final plan submittal, Future
correction plan outlining the plan of action it will follow for
correction of possible contamination problems. Actual
c-2
implementation of contamination correction plans will depend upon
Landfill Operator shall provide potable water for purposes of
the nature and extent of individual contamination problems. The
any resident whose well has become contaminated if it appears
human or animal consumption normally provided by their well to
or other activities. Such action shall continue until (a) a
that such contamination originated from the Operator's landfill
permanent replacement source is made available or, (b) it appears
whichever occurs first. If the Operator is responsible for
such contamination and fails to take corrective action, and if
the City participates in corrective actions, the Operator shall
repay the City for reasonable costs it incurs reasonably
necessary to implement corrective action.
that such contamination was not caused by the Operator,
18. (a) Future Parkland Development will only be allowed
to place materials as outlined in reports presented by RMT from
the 68th and 83rd Street foundries of Briggs & Stratton as set
forth in the initial proposal. If there is any significant change
in the wastes from these foundries, a full chemical analysis must
be presented to the City for its approval prior to placement. If
Future Parkland Development wishes to place other non-hazardous
wastes from Briggs & Stratton Corporation at the landfill, it
shall present a full chemical analysis of such waste to the City
and obtain the City's approval prior to placement.
(b) In any event, materials such as garbage, municipal
Administrative Code Section NR 180.04(26), (35) and (47)' shall
solid waste and putrescible waste, as defined in Wisconsin
never be dumped at the site.
(c) If Future Parkland Development wishes to place
waste from other foundries at the landfill, it shall do the
following: 1) present a full chemical analysis of such waste to
the City, and 2) obtain the City's approval prior to placement.
19. The wastes, with the exception of sludge, shall be
placed in 18" maximum lifts and compacted to minimize settlement.
Proper watering of exposed wastes shall be maintained to prevent
dust problems.
20. The City or its agents shall be allowed access to the
site at any time during normal operating hours for the purposes
materials. The City will be allowed to have an independent
of inspection of operations, testing of compaction or testing of
testing lab check composition and compaction of all materials at
any time during normal operating hours.
21. Notice shall be published in the local newspaper and
be given to the City and contiguous landowners a minimum of three (3) weeks prior to commencement of construction of any new cells.
22. A conceptual post-closure plan for the 13-acre land- @ fill shall be presented to the City prior to the commencement of
operations. Any final post-closure plan, including plans for
c-3
post-closure usage, shall allow for the protection of the
Plan Commission for approval prior to implementation.
finished cells and their clay seal, and shall be submitted to the
23. An annual report on operations of the facility as sub-
mitted to DNR shall also be given to the City and County. This
report shall include a summary of the previous year's activities
and the proposed next year's operations.
24. Calcium carbide slag shall not be allowed in the land-
fill.
25. The leachate from the disposal site shall be tested
semi-annually and compared to the normal influent to the
wastewater treatment plant at Briggs & Stratton. The sludge
leaving this plant shall also be tested semi-annually. If it is
determined that the cycling of the leachate from the disposal
site to the wastewater treatment plant and back to the disposal
site as sludge creates elevated levels of potentially hazardous
wastes, Future Parkland Development shall discontinue disposal of
Stratton. The City shall be permitted at any time to have inde-
leachate at the wastewater treatment facility at Briggs &
pendent tests performed on either the leachate or wastewater
sludge at its cost.
26. Dust from the construction or operation of the land-
fill shall be controlled at all times. The gravel delivery road
shall have an approved dust treatment. Future Parkland
Development will have someone on site responsible for dust
control during all hours of operation. If visible dust in the
City has been determined by the zoning officer after due examina-
Waukesha County.
tion, then henceforth all trucks shall be covered while in
27. Future Parkland Development shall fulfill all require-
ments of the Wisconsin Department of Natural Resources or its
responsibility for closure of the site and proof of financial
successor as to the filing of appropriate evidence of financial
responsibility for long-term care of the site after closure.
Copies of such evidence shall be filed with the City and County
simultaneously with filing with the DNR.
28. Future Parkland Development and Briggs & Stratton
shall enter into an agreement with the City upon granting of this
Conditional Use whereby Future Parkland Development and Briggs &
Stratton shall, jointly and severally, agree to hold harmless and
indemnify the City, City officials and employees, when acting in
City, City officials and employees, when acting in their official
their official capacity, as to any claims or damages against the
capacity, arising from the operation of the landfill, including
but not limited to, defending the City, City officials and
employees, when acting in their official capacity, against all
said claims and payment of all said claims. If Future Parkland
Development obtains Environmental Impairment Liability Insurance
coverage or similar insurance coverage for the landfill, the City
.
(to include also its officials and employees, when acting in
their official capacity) shall be named as an additional insured 0 in the same amounts as Future Parkland Development.
waste for fifteen (15) years after the first day solid waste is
received at the site. This condition shall not prevent Future
Parkland Development from seeking to obtain all necessary State
and local approvals to extend the period of disposal or expand
the site within the parameters hereinbefore stated.
29. This Conditional Use Grant permits this site to accept
1
c-5
HOLD HARMLESS h INDEMNITY AGREEMENT
hereto, the undersigneds agree as follows:
For valuable consideration acknowledged by all parties
1. That Briggs & Stratton, Inc. and Future Parkland
Development, Inc. hereby jointly and severally agree
to hold harmless and indemnify the City of Muskego
from any claim whatsoever made against the City of
Muskego growing out of the operation of a landfill by
Future Parkland Development within the City of Muskego
and each agree to defend the City, at their expense,
against such claim or claims.
2. This Agreement is binding upon and inures to the bene-
fit of the parties hereto, their heirs, assigns,
successors and legal representatives.
Dated this day of , 19”
BRICCS & STRATTON, INC.
BY :
BY :
Dated this day of t 19-.
FUTURE PARKLAND DEVELOPMENT, INC.
BY :
BY:
Exhibit “D” D- 1