Common Council Regular Meeting Agenda (PDF)

COMMON COUNCIL MEETING AGENDA SEPTEMBER 15, 2026 7:00 P.M. Common Council Chambers 8040 S. 6TH Street Oak Creek, WI 53154 (414) 766-7000 Daniel Bukiewicz - Mayor Alicia Haase – 1st District Greg Loreck – 2nd District James Ruetz – 3rd District Lisa Marshall – 4th District Kenneth Gehl – 5th District Chris Guzikowski – 6th District The City’s Vision Oak Creek: A dynamic regional leader driving the future of the south shore. Visit our website at www.oakcreekwi.gov for the agenda and accompanying common council reports. This meeting will be live streamed on the City of Oak Creek YouTube page via http://ocwi.org/livestream. 1. Call Meeting to Order / Roll Call 2. Pledge of Allegiance. 3. Approval of Minutes: 9/1/2026. Recognition 4. Council Proclamation: Consider Council Proclamation 26-01, Congratulations to Kevin Martin, 2025 Oak Creek Citizen of the Year (by Committee of the Whole). Public Hearings (beginning at 7:00 p.m.) Citizen input, comments and suggestions are requested on the specific item(s) identified below. Action by the Council may occur at the same meeting if so included in the agenda. 5. Conditional Use Permit: Consider a request for a Conditional Use Permit with conditions and restrictions for equipment sales and rental at Elevated Equipment Rentals, Inc., an existing business located at 7420 South 10th Street (1st District). 6. Resolution: Consider Resolution No. 12727-091526, approving a Conditional Use Permit with conditions and restrictions for equipment sales and rental at Elevated Equipment Rentals, Inc., an existing business located at 7420 South 10th Street (Tax Key No. 764-9048-000) (1st District). 7. Landfill License: Consider a request from Michael Faber, Ryan Business Park, LLC, for a landfill license for the property located at 9954 South 13th Street (5th District). 8. Motion: Consider a motion to grant a 2026 Landfill License to Ryan Business Park, LLC for the property located at 9954 South 13th Street (5th District). September 15, 2026 Council Meeting 2 New Business 9. Motion: Consider a motion to approve the Plan of Finance for $3,685,000 Taxable General Obligation Promissory Notes, Series 2026C (by Committee of the Whole). 10. Resolution: Consider Resolution 12713-091526, a Resolution Authorizing the Issuance and Establishing Parameters for the Sale of Not to Exceed $3,685,000 Taxable General Obligation Promissory Notes, Series 2026C (by Committee of the Whole). PUBLIC WORKS & UTILITY 11. Resolution: Consider Resolution No. 12728-091526, approving a Termination and Release of a Water Main Easement by and Between OC Land Holdings LLC and the City of Oak Creek (Tax Key Nos. 762-9011-000, 762-9014-000, 785-9015-000, 785-9016-000, 785-9017-000, 785-9018- 000) (2nd District). ENGINEERING 12. Resolution: Consider Resolution No. 12723-090126, approving the Garden Medley Estates Subdivision Infrastructure Development Agreement with Milwaukee County Department of Health and Human Services Housing Division, for the design and construction of public improvements for the development located at 3810 East American Avenue and 9050 South Annette Place (Tax Key Nos. 865-9978-000 and 869-9993-000) (Project Nos. 26050 and 26051) (held 9/1/26) (4th District). 13. Motion: Consider a motion to approve Change Order No. 1 for the Civic Center Masonry and Window Flashing Repair Project with Building Restoration Corporation in the amount of $59,457, (Project No. 23017) (2nd District). 14. Motion: Consider a motion to approve the installation of a holding tank at 3444 East County Line Road, in accordance with Municipal Code Section 15.69(j)(1) (5th District). LICENSE COMMITTEE 15. Motion: Consider a motion to approve the various license requests as listed on the 9/15/26 License Committee Report (by Committee of the Whole). VENDOR SUMMARY 16. Motion: Consider a motion to approve the September 9, 2026, Vendor Summary Report in the amount of $7,104,401.55 (by Committee of the Whole). MISCELLANEOUS 17. Motion: Consider a motion to convene into closed session pursuant to Wisconsin State Statutes, Section 19.85, to discuss the following: (a) Section 19.85(1)(e) for competitive or bargaining reasons, to discuss the Agreement between the City of Oak Creek and Abendschein Park Beer Garden, LLC (“APGB”) dba Abendschein Biergarten and deliberate the investing of public funds. (b) Section 19.85(1)(g) to confer with legal counsel who is rendering oral or written advice concerning strategy to be adopted with respect to litigation in Tyler Buerger v. City of Oak Creek, et al. (Case No. 2:26-cv-1310). September 15, 2026 Council Meeting 3 18. Motion: Consider a motion to reconvene into open session. 19. Motion: Consider a motion to take action, if required. Upcoming Common Council Meetings: 10/6/26 and 10/20/26. Adjournment. Public Notice Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aid at no cost to the individual to participate in public meetings. Due to the difficulty in finding interpreters, requests should be made as far in advance as possible preferably a minimum of 48 hours. For additional information or to request this service, contact the Oak Creek City Clerk at 414-766-7000, by fax at 414-766-7976, or by mail at 8040 S. 6th Street, Oak Creek, Wisconsin 53154. It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may attend 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. LT COUNCIL PROCLAMATION 26-01 CONGRATULATIONS TO KEVIN MARTIN 2025 OAK GREEK CITIZEN OF THE YEAR WHEREAS, the Oak Creek Citizen of the Year Committee conducts an annual search for the person who, in its judgment, is most deserving of acknowledgment because of loyal, unselfish, and patriotic service to the community; and WHEREAS, the Oak Creek Citizen of the Year Committee has selected Kevin Martin as its 2025 Citizen of the Year, for which he will be duly honored at a recognition dinner on Thursday, September 17,2026i and WHEREAS, Kevin was born and raised in Milwaukee, Wisconsin. He is the son of a plumber and homemaker and is the second of six children. He often says that his only claim to fame is that he worked at Gilles Frozen Custard for one summer as a lot boy. He graduated from Milwaukee Juneau High School, Concordia University Wsconsin with a Bachelor of Science in Nursing, and Marquette University Law School. Kevin moved to Oak Creek in 2003, where he lives with his wife Jennifer, children Shannon and Will, and dogs Mokie and Ziggy. ln his free time, Kevin enjoys long- distance running, reading, and international travel. Between June 1,2026, and September 15,2026, Kevin ran over 475 miles in training for his first marathon, which he will run on September 20,2026. Kevin and Jennifer have traveled to six continents thus far - Antarctica, Asia, Africa, North America, South America, and Europe - and will travel to their seventh continent, Australia, in June 2027; and WHEREAS, Kevin's generosity has made a significant impact on the Oak Creek community. Some of the most notable donations have supported the Oak Creek Performing Arts and Education Center, the Oak Creek High School football scoreboard, and the Oak Creek Farmers Market. These significant investments will better the community and will be enjoyed for generations to come; and WHEREAS, Kevin has contributed to more than 45 programs, projects, organizations, and events in the city. Some of these include City-hosted events, Oak Creek sports teams, Hunger Task Force, Veterans of Foreign Wars, Friends of the Oak Creek Public Library, LegalAid Society of Milwaukee, Oak Creek Lions Club, and many more; and WHEREAS, in addition to his significant monetary contributions and investment in the community, Kevin has given his time and talents in numerous ways. During the peak of the COVID-19 pandemic, Kevin handed out school lunches and provided gift cards to community members for necessities such as gas, food, and toiletries. This effort served the dual purpose of helping residents in need and strengthening the local economy by supporting local businesses during a difficult period; and WHEREAS, Kevin exemplifies the spirit of community service through a wide range of selfless acts, including mentoring students at the Oak Creek High School who have an interest in pursuing a career in law. Kevin continues to serve his community with dedication, compassion, and humility in countless meaningfulways; and WHEREAS, the lasting contributions Kevin has made to the Oak Creek Community are both significant and deeply appreciated, making him truly deserving of this honor and recognition. NOW THEREFORE, BE lT RESOLVED that the Mayor and Common Council of the City of Oak Creek hereby congratulate Kevin Martin on being selected as the 2025 Oak Creek Citizen of the Year. BE lT FURTHER RESOLVED THAT this proclamation be spread upon the minutes of this meeting and that the City Clerk be and she is hereby directed to transmit a suitable copy thereof to Kevin Martin. Passed and adopted this 1Sth day of September 2026. President, Common Council ATTEST Mayor, City of Oak Creek City Clerk Vote: Ayes Noes 5 TO BE PUBLISHED AUGUST 26 & SEPTEMBER 2, 2026 OFFICIAL NOTICE NOTICE OF PUBLIC HEARING BEFORE THE OAK CREEK COMMON COUNCIL PURPOSE: The purpose of this public hearing is to review a Conditional Use Permit with conditions and restrictions for equipment sales and rental at Elevated Equipment Rentals, lnc., an existing business located at7420 S. 1Oth St. Hearing Date: September 15,2026 Time: 7:00 PM Place: Oak Creek Civic Center (City Hall) 8040 South 6th Street Oak Creek, W 53154 Common Council Chambers Applicant(s): Phil Cook, Elevated Equipment Rentals, lnc. Property Owner(s): Oak Creek 18, LLU Property Location(sl:7420 S. 1Oth St Tax Key: 764-9048-000 Legal Description: CSM No. 6783 Parcel 1 , NW T¿ Sec 8-5-22 (2.609 AC) The Common Council has scheduled other public hearings for September 15, 2Q26 at 7:00 PM. This hearing may begin at 7:00 PM or as soon as possible following the conclusion of other public hearings. Any person(s) with questions regarding the proposed change may call the Department of Community Development at (414) 766-7000, during regular business hours. Date of Notice: August 19,2026 CITY OF OAK CREEK COMMON COUNCIL By: Daniel J. Bukiewicz, Mayor PUBLIC NOTIGE PLEASE NOTE: Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aid at no cost to the individual to participate in public meetings. Due to the difficulty in finding interpreters, requests should be made as far in advance as possible, preferably a minimum of 48 hours. For additional information or to request this service, contact the Oak Creek City Clerk at 414-766- 7000, or by writing to City Hall, 8040 South 6th Street, Oak Creek, Wisconsin 53154. OAKCREEK Meeting Date: September 15,2026 - wtscoNstN - COMMON COUNCIL REPORT Item No. b Conditional Use Permit -7420 S. 'lOth St. That the Common Council adopts Resolution No.12727-091526, a Conditional Use Permit with conditions and restrictions for equipment sales and rental at Elevated Equipment Rentals, lnc., an existing business located at7420 S. 1Oth St. (Tax Key No. 764-9048-OOO) The existing business wishes to conduct equipment sales and rentals. Occupancy of the business will yield positive fiscal impacts in terms of assessed value, review fees, permitting fees. The property is not located in a TlD. f] Active, Vibrant, and Engaged Community n Financial Stability and Resiliency I Thoughtful Growth and Prosperous Local Economy I Clean, Safe, and Welcoming f] lnspired, Aligned, and Proactive City Organization I Quality lnfrastructure, Amenities, and Services n Not Applicable Item: Recommendation: Fiscal lmpact: Critical Success Factor(s): Background: During the City of Oak Creek Fire Department's annual inspection in November 2025, it was discovered that the property at7420 S. 1Oth Street was occupied by Elevated Equipment Rentals, a full- service equipment rental business specializing in aerial and material-handling equipment. Staff determined that the business had been operating without a Certificate of Occupancy and the required Conditional Use Permit (CUP) authorizing equipment sales and rental. The property was previously approved for a Special Use Permit for cartage and express facilities. However, because the current operation represents a change from the previously approved use, that Special Use Permit is no longer applicable. The Applicant is requesting approval of a Conditional Use Permit to allow equipment sales and rental at742O S. 1Oth Street. The subject property and all surrounding properties are zoned M-1 Manufacturing District. Within the M-l Manufacturing zoning district, equipment sales and rental is permitted as a conditional use. The Municipal Code defines equipment sales and rental as follows: "The use of ony buílding or portion thereof , or other premises or portion thereof , for the display, sole, rentol, or leose of new or used commercíol, industríol, or ogriculturol equípment, încludíng, but not límited to, crenes, troctors, bulldozers, groders, excovotors, ond other heovy equípment or mochinery, os an oncillory use of a zoning lot, ond ony worronty repair work ond other repoir servíce conducted os on occessory use." Pursuant to Table 17.03Q4(Ò of the Municipal Code, equipment sales and rental uses must comply with the permanent outdoor storage standards established in Section 17.0414(m). These standards require that outdoor storage areas be surfaced with an approved hard surface material and screened from view from any public right-of-way by a solid wall between six (6) and eight (8) feet in height, with an accompanying landscape strip. To comply with these requirements, the applicant is proposing to install new fencing with vinyl slats and landscaping on the site and is requesting Plan Commission approval for these site improvements. Conditional Use Permit Building and Site Use: The Applicant occupies the entire approximately 22,612 square feet of gross internal area, consisting of a first floor of approximately 18,520 square feet (including equipment storage, service bays, wash bay, offices, and show room) and a second floor of approximately 4,092 square feet (including offices, a training room, and a meeting room). lnterior storage will include 340 electric scissor lifts, 20 forklifts, and 15 electric booms. The outdoor storage area will accommodate a maximum of 70 telescope booms, 20 rough terrain scissor lifts, and 35 rough terrain forklifts. The narrative provided by the Applicant provides a table detailing the quantity of equipment to be stored in specific areas on site. As indicated in the site plan, this area will be confined to the hard-surfaced parking lots in the side and rear yards. All the equipment will be kept enclosed within an eight (8)-foot-tall chain-link fence topped with barbed wire. Portions of the fence that are visible from public right-of-way will have vinyl privacy slats and landscaping a required by Municipal Code. Business Operations: Elevated Equipment Rentals operates a full-service equipment rental business specializing in aerial and material-handling equipment. lts primary customers include electrical, mechanical, and general contractors, as well as industrial facilities and manufacturers. The business is open to the public from 7:00 a.m. to 4:00 p.m., Monday through Friday. Delivery drivers typically begin operations at 5:00 a.m. and return no later than 7:00 p.m. Equipment deliveries and pickups are conducted using two vehicles: a day-cab tractor with a 48-foot trailer and a day-cab rollback truck with a 26-foot deck. Each truck makes a maximum of five round trips per day. Both vehicles are stored overnight within the building's loading dock, where they are screened from view from the public right-of-way. The business currently employs 11 people and anticipates expanding to approximately'17 employees over the next several years. ln addition to equipment rental and service, Elevated Equipment Rentals also sells equipment. Equipment offered for sale is not displayed outdoors for promotional purposes. lnstead, all inventory is stored within the building or in the fenced outdoor storage area used for the company's rental fleet. After careful consideration at the August 11,2026 meeting, the Plan Commission recommended approval of the Conditional Use Permit subject to the attached Conditions and Restrictions. Options/Alternatives: Council has the discretion to approve, and/or modify the Conditions and Restrictions as part of the Conditional Use Permit, or deny the request. Respectfu lly submitted: Prepared: Andrew MPA Nic D'Amato PlannerCity Administrator Fiscal Review: ttl".¡t.rtlt + Approved: Knutr" dra^tø Kristi Laine Commu nity Development Director MaxwellGagin, MPA Deputy City Administrator / Finance Officer Attachments: Draft Res. 12727-091526 and Conditions and Restrictions (6 pages) Location Map (1 page) Narrative (3 pages) RESOLUTTON NO. 12727 -091526 BY A RESOLUTION ADOPTING A CONDITIONAL USE PERMIT WITH CONDITIONS AND RESTRICTIONS FOR EQUIPMENT SALES AND RENTAL AT ELEVATED EQUIPMENT RENTALS, INC., AN EXISTING BUSINESS LOCATED AT 7420 S. lOTH ST, (TAX KEY NO. 764-9048-000) ( 1't Aldermanic District) WHEREAS, Phil Cook, Elevated Equipment, duly filed with the City Clerk an application for a Conditional Use Permit, pursuant to Sec. 17.0304 of the Municipal Code, to allow for equipment sales and rental; and, WHEREAS, after due notice, a public hearing was held by the Common Council on September 15,2026, at 7:00 p.m, or soon thereafter, in the Common Council Chambers, to consider the application; and, WHEREAS, the Common Council, having carefully considered the evidence presented at the public hearing and the following pertinent facts noted: 1. The applicant, Phil Cook, Elevated Equipment, has offices at 788 N. Jefferson St,, Suite 200, Milwaukee, Wl 53202. 2. Elevated Equipment is proposing to conduct equipment sales and rentals on the property at 7420 S.1Oth St., Oak Creek, Milwaukee County, Wisconsin, more particularly described as follows: PARCEL 1 OF THE CSM NO. 6783, IN THE SOUTHWEST % AND SOUTHEAST % OF THE NORTHWEST % OF SECTION 8, TOWNSHIP 5 NORTH, RANGE 22 EAST, IN THE CITY OF OAK CREEK, MILWAUKEE COUNTY, WISCONSIN Tax Key No, 764-9048-000 Said land being located at7420 S. 1Oth St. 3. The Applicant is proposing to conduct equipment sales and rentals on the industrial property 4. The aforesaid premise is zoned M-1 Manufacturing under the Zoning Ordinance of the City of Oak Creek, which permits equipment sales and rental as a Conditional Use, pursuant to Sec. 17.0304 of the Municipal Code. 5. All properties to the north, east, south and west are zoned M-1 Manufacturing District. 6. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area, Page 1 of6 NOW, THEREFORE, BE lT RESOLVED by the Common Council of the City of Oak Creek that the application of Phil Cook, Elevated Equipment, for equipment sales and rental, to be located at7420 S. 1Oth St., be, and is hereby granted on the following grounds: That the establishment, maintenance and operation of the proposed use, with the imposition of certain conditions hereinafter set forth, reasonably satisfies the standards set forth in Sec. 17.0203, Sec. 17 .0301, and Sec. 17.0304 of the Municipal Code, so as to permit the issuance of a Conditional Use Permit as therein provided. BE lT FURTHER RESOLVED that said Conditional Use Permit is granted subject to the following conditions: The grant of this Conditional Use Permit is subject to the Conditions and Restrictions recommended for approval by the Plan Commission on August 11,2026, and approved by the Common Council on September 15, 2026, attached hereto and incorporated herein by reference. No alteration or modification of the approved Conditions and Restrictions shall be permitted without approval by the Common Council. lntroduced at a regular meeting of the Common Council of the City of Oak Creek held this 15th day of September 2026. Passed and adopted this 15th day of September 2026 President, Common Council Approved this 1Sth day of September 2026 Mayor ATTEST: VOTE:Ayes_ Noes_ City Clerk Page 2 of 6 City of Oak Creek - Conditional Use Permit (CUP) Conditions and Restrictions Applicant: Phil Cook, Elevated Equipment Recommended by Plan Commission: August 11 , Rental, lnc 2026 Approved by Gommon Council: TBD Property Address: 7420 S. 1Oth Street (Res. TBD) Tax Key Number(s): 764-9048-000 Condifional ljsefsl: Fouinment Sales & Rental 1. REQUIRED PLANS. EASEMENTS. AGREEMENTS AND PUBLIC IMPROVEMENTS A. All requirements of the City of Oak Creek Municipal Code, as amended, are in effect. B. Any plans for new buildings, additions, exterior remodeling, site modifications, and landscaping shall be submitted to the Plan Commission for their review and approval prior to the issuance of any building permits. The approval of the Conditional Use, along with these Conditions and Restrictions, does not constitute approval of a site plan and architectural review. A separate site plan and architectural review approval will be required for any exterior modifications to the site. C. For any new buildings, additions, structures, and site modifications, site grading and drainage, stormwater management, and erosion control plans shall be submitted to the City Engineer for approval, if required. The City Engineer's approval must be received prior to the issuance of any building permits. D. A Development Agreement shall be completed between the owner(s) and the City if deemed necessary by the City Engineer so as to ensure the construction or installation of public or other improvements required, and/or as specified by these Conditions and Restrictions. E. All new electric, telephone and cable TV service wires or cable shall be installed underground within the boundaries of this property. 2. SITE & USE RESTRICTIONS. MAINTENANCE & OPERATION REQUIREMENTS A. Only the designated area shown on the approved site plan for equipment rental and outdoor storage in accordance with these Conditions and Restrictions is allowed on the property. Other uses permitted by the zoning district, in accordance with other applicable Sections of the City of Oak Creek Municipal Code and these Conditions and Restrictions, are also allowed on the property. B. Parking areasioutdoor storage of rental equipment shall be as shown on the approved site plan Parking/storage outside of these approved areas is prohibited. C. Outdoor storage of equipment shall be limited to a maximum of 70 telescopic booms, 20 rough terrain scissors and 35 rough terrain forklifts. No other materials or items shall be stored outdoors. D. All outdoor storage shall be screened from public view and public right-of-way by an eight (8)-foot Page 3 of 6 tall solid or slatted chain-link fence or wall approved by Plan Commission through a site plan and architectural review. E. A landscape strip, not less than five (5) feet wide shall be located in front of the wall. A minimum of four (4) canopy or evergreen trees shall be planted and evenly spaced per every 100 lineal feet. A minimum of 10 shrubs shall be planted and evenly spaced per every 100 lineal feet. F. Equipment stored outdoors shall be kept in a non-extended/lowered and stowed position to prevent visibility from public right-of-way, G. Hours of operation shall be 5:00 AM to 7:00 PM, Monday through Friday H. Equipment delivery truck traffic shall be limited to two (2) trucks that deliver and pick up rental equipment. Roundtrip traffic equipment delivery trucks shall be limited to five (5) trips per truck per day. Trucks shall be stored overnight in our loading dock, not visible from the public right-of-way. l. Any change to the occupancy of the site or building shall conform to all Building, Fire, and Municipal Code requirements, as amended. J, Solid waste collection and recycling shall be the responsibility of the owner. K. Removal of snow from off-street parking areas, walks, public sidewalks, private roads and access drives shall be the responsibility of the landowner(s). 3. BULK AND DIMENSIONAL STANDARDS Bulk and dimensional standards shall comply with Chapter 17, Article lll of City Municipal Code, as amended 4. PARKING AND ACCESS Parking for this development shall be provided in accordance with Sections 17.0501 , 17 .0502, & 17,0503 of the Municipal Code, as amended. 5. LIGHTING Any plans for new or replacement outdoor lighting shall be reviewed and approved by the Plan Commission and Electrical lnspector in accordance with Section 17.0509 of the MunicipalCode, as amended. 6. SIGNAGE A permit shall be required prior to the display, construction, erection, or alteration of any proposed sign(s), All signs must comply with Chapter 17, Article Vl of the City Code and applicable sections of the building code as adopted by the City, as amended. 7. PERFORMANCESTANDARDS The use must comply with performance standards as stated in Section 17,0510 of Municipal Code, as amended. Page 4 of 6 8. TIME OF COMPLIANCE A. The operator of the Conditional Use shall commence work in accordance with these Conditions and Restrictions within twelve (12) months from the date of adoption of the resolution authorizing this Conditional Use. This Conditional Use approval shall expire within twelve (12) months after the date of adoption of the resolution if building or occupancy permits have not been issued for this use. B. This Conditional Use Permit shall automatically expire and cease to be of any force or effect if such use shall be discontinued for twelve (12) consecutive months or more; provided, however, that if such use is discontinued due to labor strikes, war, natural disasters, or other similar cause(s) beyond the reasonable control of the holder of the Conditional Use Permit, such twelve (12) month period shall be extended for a period of time equal to the period that the holder of the Conditional Use Permit is prevented from engaging in the particular use for which the Conditional Use Permit was issued. 9. OTHER REGULATIONS Compliance with all other applicable City, State, DNR and Federal regulations, laws, Code, ordinances, and orders, as amended, not heretofore stated or referenced, is mandatory. 10. VIOLATIONS & PENALTIES Any violations of the terms of this Conditional Use Permit shall be subject to enforcement and the issuance of citations in accordance with Section 1.20 of the City of Oak Creek Code of Ordinances (as amended). lf the owner, applicant or operator of the Conditional Use Permit is convicted of two or more violations of these Conditions and Restrictions or any other municipal ordinances within any 12-month period, the City shall have the right to revoke this Conditional Use Permit, subject to the provisions of Paragraph l1 herein. Nothing herein shall preclude the City from commencing an action in Milwaukee County Circuit Court to enforce the terms of this Conditional Use Permit or to seek an injunction regarding any violation of this Conditional Use Permit or any other City ordinances. 11. REVOCATION Should an applicant, their heirs, successors or assigns, fail to comply with the Conditions and Restrictions of the approval issued by the Common Council, the Conditional Use Permit approval may be revoked. The process for revoking an approval shall generally follow the procedures for approving Conditional Use Permit as set forth in Section 17.0804 of the Municipal Code, as amended. 12, ACKNOWLEDGEMENT The approval and execution of these Conditions and Restrictions shall confirm acceptance of the terms and conditions hereof by the owner, and these Conditions and Restrictions shall run with the property unless revoked by the City, or terminated by mutual agreement of the City and the owner, and their subsidiaries, related entities, successors and assigns subject to Paragraph 11 above. Property Owner / Authorized Representative Signature Page 5 of 6 Date (please print name) Tenant / Authorized Representative Signature (if applicable) (please print name) Date Page 6 of 6 Locqlion Mop 7420 S. loth sl. map a suruey Legend r:r Zoning øtloodFringe2O2 Official Street Map r Floodway20?4 Parcels ø7420 S lOth St map @ OAKCREEK ^-----..-t&. ^-..-t------¡ 0 0.03 0.06 Miles += Dear Oak Creek Ptan Commission, Please accept this document as fuLfil.tment of the narrative description of the proposaI for a conditionaI use permit at742O S 1Oth Street, Oak Creek with parcel identification number 7649048000. Etevated Equipment Rentats intends to use the property for the purpose of operating a futt-service equipment rentaI company. Etevated Equipment Rentats provides primarity aeriatand materiaI handting equipment to its customers. Typical, customers inctude etectricat contractors, mechanicaI contractors, generaI contractors, industriaI plants, and manufacturers. Elevated Equipment Rentals'customers are professionaI contractors or tocaI businesses, as opposed to homeowners, which [imits traffic ftow to the buitding and remains consistent or reduced when compared with traffic ftow in the area. Etevated Equipment Rentats is open for the pubLic from 7am to 4pm Monday through Friday. Our drivers witl normatty begin operating at 5am and return by 7pm at latest. Current truck traffic are two trucks that detiver and pick up our equipment. The trucks are one day cab tractor putting a 48'trailer and a day cab roltbacktruckthat has a 26'deck. Max roundtrip traffic woutd be five trips pertruck per day. Our delivery trucks are stored overnight in our toading dock, which is not visibte from the pubtic right of way. Our employee count is currentty at e¡ght with projected growth to fifteen in the next few years. Our equipment is stored in an orderty manner both inside the buitding and outside in our fenced in yard. The yard has a motorized gate which comes off the Northwest corner of the buitding. The fence stretches East to the Northeast corner of the property before continuing South with an additionat manual gate off the Southeast corner of the buitding. lf future growth dictates further use of the Southern paved yard, we woutd fence in the remainder of the yard in simitar styte. Two pictures of our fence are shown betow. Max ptanned indoor stored equipment inctudes 340 etectric scissor lifts, 20 fork tifts and 15 electric booms. Max ptanned outdoor stored equipment woutd be 50 telescopic booms, 20 rough terrain scissors and 30 rough terrain forkl.ifts. The company's management team is ted by Robet Rivera, David Bartelme and Phil. Cook. Robert Rivera, CEO of Etevated Equipment Rentals, has led organizations in the construction industryfor more than thirty-one years. His rentaI equípment management experience spans a diversity of industries inctuding aerial lifting, heavy highway, demotition and pipetine. ln addition, Mr. Rivera has Led mutti location operations across states and regions. Most recentty, Mr. Rivera, as President of Aerial Work Platforms, led the doubting of EBITDA and opening a fourth and profitabte greenfietd location, in less than three years and during a pandemic. Finalty, through his deep industry connections, he led the divestment of the company to Herc Rentats. Robert has a proven track record in the equipment rental industry through Leading teams to double digit growth under any economic condition. David Bartetme is the Chairman of the Board of Etevated Equipment Rentats. His career has spanned the earlier years of leading engineering, operations and maintenance departments in the energy industry both domestic and internationat. He has worked on and led more than fifty acquisitions. He enjoys teaching lnvestment Banking at Marquette University as an Adjunct Professor. Phi[ Cook, CFO of Etevated Equipment Rentats, was the Vice President of Finance for Aerial Work Ptatforms from the purchase by Borgman Capital through its sale to Herc Rentats in 2023. He successf utty funded the growth through managed cash ftow and appropriate debt fundings. Additionatty, he supported operations to attow the business to scale. Prior to AWP, Phit ted teams of accountants and generat managers for F3 Marina, a fult-service third-party management company, across 5 states. Etevated Equipment Rentats has a lease for eight years and has an additional option to renew for eight years at7420 S l Oth Street with Landlord Oak Creek 18, LLC, having an address aL clo Zettey, Carneol & Stein, S.C., 7BB N. Jeferson Street, Mitwaukee, Wisconsin 53202. The buitding comprised of approximatety 23,183 square feet is divided by office space of approximatety 5,060 square feet and warehouse/ service space of approximatety 1 8,123 square feet. There are fifteen parking spaces in the primary off street parking Lot with one designated handicapped sta[[. Overftow parking, if needed, woutd occur in the additional. asphatted area of the yard not on the street. This woutd attow us to have 40 parking spaces and remain comptaint with parking regutations. Normal customer traffic is very minimal due to our trucks detivering the equipment they need. Two examptes of our fencing are shown betow: ,:': 'r': Figure 1 Motor¡zed Gate Figure 2 Rear Manual Gate ,7 TO BE PUBLISHED SEPTEMBER 2, 2026 OFFICIAL NOTICE NOTICE OF PUBLIC MEETING PURPOSE: The purpose of this public hearing is to receive public comments and review the proposed landfill license application. Hearing Date: September 15,2026 Time: 7:00 PM Place: Oak Creek Civic Center (City Hall) 8040 South 6th Street Oak Creek, W 53154 Common Council Chambers Applicant(s): Michael Faber, Ryan Business Park, LLC Property Owner(s): Ryan Business Park, LLC Property Location(s): 9954 S. 13th St. Tax Key: 925-9001-000 Legal Description: Lot 1 of Certified Survey Map No.9310 and additional lands in the Northwest 1/4 of the Southwest 114 and the Southwest 1/4 of the Southwest 114 of the Northwest 114 of Section 29, Township 5 North, Range 22 East, in the City of Oak Creek, County of Milwaukee, State of Wisconsin. The Common Council has scheduled other public hearings for September 15, 2026, al7:00 PM. This hearing may begin at 7:00 PM or as soon as possible following the conclusion of other public hearings. Any person(s) with questions regarding this meeting may call the Engineering Departmenl al (414) 766-7002, during regular business hours. Date of Notice: September 2,2026 CITY OF OAK CREEK COMMON COUNCIL By: DanielJ. Bukiewicz, Mayor PUBLIC NOTICE PLEASE NOTE: Upon reasonable notice, a good faith effort will be made to accommodate the needs of disabled individuals through sign language interpreters or other auxiliary aid at no cost to the individual to participate in public meetings. Due to the difficulty in finding interpreters, requests should be made as far in advance as possible, preferably a minimum of 48 hours. For additional ¡nforniation ôr to requeit this service, contact the Oak Creek City Clerk at 414-766-7000, or by writing to City Hall, 8040 South 6th Street, Oak Creek, Wisconsin 53154. Item: OAKCREEK Meeting Date: September 15,2026 - wtscoNstN - Item No. g COMMON COUNCIL REPORT Landfill License at9954 S.13th Street Recommendation That the Common Council consider a motion to grant a 2026 Landfill License to Ryan Business Park, LLC for the property located at9954 South 13th Street. (5th Aldermanic District) Approval of the landfill license request is not anticipated to have a direct fiscal impact on the City. ! Active, Vibrant, and Engaged Community n Financial Stability and Resiliency X Thoughtful Growth and Prosperous Local Economy n Clean, Safe, and Welcoming ! lnspired, Aligned, and Proactive City Organization I Quality lnfrastructure, Amenities, and Services n Not Applicable Fiscal lmpact: CriticalSuccess Factor(s): Background: The applicant has submitted a request for approval of a landfill license for the property located at9954 S. 13th Street, identified as Lot 4 of Ryan Business Park. The request is associated with proposed filling and grading activities necessary to support continued development of the parcel, and the submitted materials include grading, drainage, erosion control, site stabilization, and construction detail plans prepared for the landfill license request. The property is located within the Ryan Business Park development area and was included in the previously approved Ryan Business Park Development Agreement. The applicant's engineer has indicated that the proposed work is consistent with the grading and infrastructure review process contemplated under that agreement. Under Section 13.25 of the Municipal Code, landfill license applications are referred to the Common Council for consideration, and the Council may condition approval as necessary to carry out the requirements of Chapter 13. Approval of the request would allow the applicant to proceed with the proposed filling and grading activities, subject to compliance with the approved plans, license requirements, erosion control measures, inspection requirements, and any conditions established by the City. Options/Alternatives: The Common Council could choose not to approve the landfill license request. lf the request is not approved, the applicant would not be authorized to proceed with the proposed filling and grading activities under the landfill license and would need to revise the proposed site work, pursue an alternative approval path, or resubmit a modified request for future Council consideration. Respectfu I ly su bmitted : Andrew J. Vickers, MPA City Administrator Fiscal Review: -lÚ4utll + MaxwellGagin, MPA Deputy City Administrator/ Finance Officer 4ryk PreparediApproved: Matthew J. Sullivan, PE Assistant City Administrator/City Engineer Attachments: -tt OAKCREEK Meeting Date: September 15,2026 - wtçcoñs!N COMMON COUNCIL REPORT Item No. q Item: Plan of Finance for $3,685,000 Taxable General Obligation Promissory Notes, Series 2026C. Recommendation: Motion to approve the Plan of Finance for $3,685,000 Taxable General Obligation Promissory Notes, Series 2026C. Fiscal lmpact: Debt service will be paid from TID No. 12tax increment. CriticalSuccess Factor(s): ! Active, Vibrant, and Engaged Community [l Financial Stability and Resiliency I Thoughtful Growth and Prosperous Local Economy n Clean, Safe, and Welcoming I lnspired, Aligned, and Proactive City Organization ! Quality lnfrastructure, Amenities, and Services n Not Applicable Background: The Plan of Finance is for the issuance of $3,685,000 Taxable General Obligation Promissory Notes ("Series 2026C Taxable Notes"). The purpose of the Series 2O26C Taxable Notes is to finance the acquisition of f8.9 acres of property located south of the IKEA property. The Common Council authorized the property acquisition when it approved a Purchase and Sale Agreement (PSA) on July 21,2026, and the City is required to acquire the property by September 30, 2026 per the PSA. The Series 2026C Taxable Notes are projected to be sold at an interest rate of 5.75% and will be callable on April 1,2033. Justin Fischer, Managing Director of Public Finance with Baird will be present at the Common Council meeting to discuss the Plan of Finance in greater detail and answer any questions at that time. Options/Alternatives: The Common Council could not approve the Plan of Finance, therefore requiring the City to determine how to pay for a developer incentive and acquisition of property that were previously authorized by the Common Council. Respectfu I ly Submitted: Prepared and Fiscal Review: "fVl4'u.u'e- APAndrew MPA MaxwellGagin, MPA Deputy City Administrator / Finance OfficerCity Administrator Attachments: - Plan of Finance BAIRD jfischer@rwbaird com 777 EasI Wisconsi¡ Avenue I'vlilwaukee, W 53202 Phone 414.765 3827 Justin A. Fischer, Managing Director Septenrbet 15,2026 City of Cak Creek TID #12 Financing Plan C¡ty of Oak Creek TID #12 Financing Plan September 15,2026 Tlmeline . City Council considers Plan of Finance and Parameters Resolution........... ...................... September 15,2026 o a Bo rrowi n g/Stru ctu relP u rpose . Authority for final sign-off of the Notes sale, within designated parameters, is delegated to the City Administrator or Deputy City Admìnistrator/Fina nce Officer . Preparations are made for issuance / Official Statement / Bond Rating r' Marketing lf market is strong & meets Council's parameters, sell the Notes (finalizes terms and interest rates). . . .........September 23,2026 Closing (funds available) October 13,2026 BAIRD $3,685,000 Taxable General Obligation Promissory Notes, 2026C TID #12 Property Acquisition (Creekside Crossing) Matures April 1, 2027-2036 April1,2027 April 1, 2033 5.75o/" 6.00o/" Estimated Size: lssue: Purpose: Structure: First lnterest: Callable: Estimated lnterest Rate: Parameters Maximum lnterest Rate: Page | 2 Year 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 C¡ty of Oak Creek TID #12 Financing Plan September 15,2026 TIF #12 Financing lllustration (1) lndudæ projeded tax revenues, ¡nvestment proceeds, hote[motel roon hxes, and personal propefi exemption increnent. (2) Net of b¡d preniun of $78,006 applied to ofßet a portion of interest due on 4fi/2027, (3) Indudes a projected $8.24 nillion fall 2027 borrowing (tax-exenpt) for TID #12 ¡nfrastrudure projeß anortiæd through 2037 using a planning interest rate of 4.250/0. Indudes a proiecÌed $2.11 millinn winter 2028 bnowing (taxable) for a TID #12 land purchase amortized through 2037 using a planning interest rate of 5.750/0. Year 2025 2026 2027 2028 2029 2030 2031 2032 2033 2034 2035 2036 2037 BAIRD (a) Total Projected ïD #12 Revenues $3,410,026 $3,i36,ss0 $4,018,916 $4,083,268 i4,334,203 $4,202,953 $4,422,182 $4,509,898 $4,599,369 $4,690,629 $4,783,714 $4,878,660 a) $5 1,670,269 Expenditures (t) Combined Expenditures $2,898,634 $3,668,170 $5,226,995 $4,529,488 $3,865,787 $3,896,084 $4,797,378 $4,054,413 $4,076,222 $3,974,896 $3,58 1,560 $4,259,427 $48,829,053 (k) Admin Expenses $27,400 $27,400 $27,400 i27,400 $27,400 $27,400 $40,150 $27,400 $27,400 i27,400 $27,400 $40,150 $354,300 (t) Capital Expend¡tures lincl, PAYG0) $2,284,728 $2,573,327 $2,705,851 $ 1,719,549 $ 1,051,459 $ 1,079,791 $ 1,975,929 $ 1,243,289 $1,261,r27 $ 1,164,054 $766,276 $2,909,902 $20.734,280 (i) Prolected Future Debt Service (3) $1,0 10,8s6 $1,306,885 $1,3 10,150 $1,3 I 1,669 $1,306,23 1 $1,308,694 $1,308,806 $1,306,606 $1,311,844 $1,309,375 s12,791,117 $3,000,000 G.0. Promissory tlotæ Datedr A¡ril 1,2027 (f) (g) (h) Net Principal Net Interest ÊJ Debt Service (4/Ð ß/1efill) TIC= 4.000/o $270,000 $280,000 $295,000 $315,000 $330,000 $350,000 $370,000 $385,000 $405,000 $144,669 $130,850 $ 1 15,038 $98,263 $80,525 $61,825 $43,875 $26,888 $9,113 $414,669 $410,850 $410,038 $413,263 $410,525 $41 1,825 $413,875 $411,888 $414,113 $3,000,000 $711,044 $3,711,044 $3,685,000 Taxable G.0. Promissory l{otes Datedr 0ctober 13,2026 (c) (d) (e) Principal Interest Net Debt Service ¡+/t) ß/1en/1) TtC= 5.750/o $290,000 $300,000 $315,000 $335,000 $355,000 $375,000 $395,000 $415,000 $440,000 $465,000 $189,946 $180,546 $163,634 $145,759 $126,784 $106,709 $85,287 $62,661 $38,825 $13,253 $479,946 $480,546 $478,634 $480,759 $481,784 $481,709 $480,287 $4t7,66t $478,825 $4i8,253 1,113,403 $4,798,404$3,685,000 (b) Existing ïD #12 Debt Service $586,506 $587,496 $587,673 $587,171 $585,983 $582,178 $582,834 $582,918 $587,353 $586,124 $583,675 $6,439,909 llet ReYenuæ (m) Annual Net Revenues (Expenditures) (n) Ending TID #12 Balanæ -___1.0_20,_0_0å. $511,392 $1,607,401 $68,380 51,675,782 ($1,208,079) $467,703 ($446,220) $21,483 $468,416 $489,899 $306,769 $796,668 ($37s,196) $42t,473 $455,486 $876,958 $523,147 $1,400,105 $715,733 $2,115,939 $t202,t54 $3,317,992 $619,233 $3,937,225 $2,841,216 Page | 3 C¡ty of Oak Creek IID #12 Financing Plan September 15,2026 G O Debt Capacity (with Series 2026C and 2027 A) s500,000,000 PERCENT OF CAPACITY REMAINING (END OF YEAR) 99.7Yo 99.O% 99.4% S45o,ooo,ooo 98.4% 94.7% 98.1% 95.9% 96.8% 90.4% 93.t% 94.5% s400,000,000 86.4% 78.7% 82.6% 7t.o% 74.9% s3s0,000,000 s300,000,000 S25o,ooo,ooo s200,000,000 s1s0,000,000 s100,000,000 s50,000,000 2026 2027 2028 2029 2030 203L 2032 2033 2034 2035 2036 2037 2038 2039 2040 2041 2042 2043 I Existing Principal Outstanding I Series 2026C (TlD #12 Land Purchase) I Series 2027A (TlD #12 - The Prairie) E] Remaining Debt Capacity Page | 4 so BAIRD l\(O r\ cD(\l\ l\ Ctì l\ fn{/} f\d r{<t(n<t\ sfrnl\ rnFl olr.ll l\ õt Fl æ rJt OAKCREEK Meeting Date: September 15,2026 Item ruo. I \ - wtscoNslN - COMMON COUNCIL REPORT Item: Recommendation Fiscal lmpact: CriticalSuccess Factor(s): Termination and Release of a Water Main Easement The Common Council adopts Resolution No. 12728-091526, a resolution approving a Termination and Release of a Water Main Easement By and Between OC Land Holdings LLC and the City ofOak Creek. (Tax Key Nos.762-9011-000, 762-9014-000,785-90L5-000,785- 9016-000, 7 85 -g\fi -AOO, 785-90L8-000) ( 2'd Alde rm a n ic Dist rict) None fl Act¡ve, Vibrant, and Engaged Community n Financial Stability and Resiliency I Thouehtful Growth and Prosperous Local Economy n Clean, Safe, and Welcoming fl lnspired, Aligned, and Proactive City Organization X Quality lnfrastructure, Amenities, and Services n ruot Applicable Background: ln2Q!7,the Common Council adopted Resolution LL872-LOL7L7, approving a water main easement between Walden OC, LLC and the City of Oak Creek (Document #L0729645]l. As part of the IKEA project the water main was looped to S. 27th Street and the easement was established for the City to install and maintain the public water main. The water main and easement were designed to follow a future road alignment. ln May 2026, OC Land Holdings LLC created CSM 9743 (Document #1L599948) for The Prairie Development that dedicated right of way for a public street, West Prairie Wind Boulevard, over the 35-foot water main easement. Since the water main easement is within public right of way, the easement is no longer required for the Utility to access and maintain the water main. Opt¡ons/Alternatives: The Common Council could decline to approve theTermination and Release. The requested approval, however, is a necessary steP to represent rights and responsibilities for the water main. Respectfu lly submitted : Andrew J. Vickers, MPA City Administrator Fiscal Review: Prepared: @H,a,r* Ashley N. Kiepczynski, PE Utility Engineer Approved: ß.;¿ l'/hø Brian L. Johnston, PE Director of Utilities tft^$r¡tlfnilx4- Kristina Strmsek Finance & Accounting Manager Attachments: Resolution No. 12728 -OgLS26,Termination and Release of a Water Main Easement By and Between OC Land Holdings LLC and the City of Oak Creek RESOLUTTON NO. 12728-091526 RESOLUTION APPROVING THE TERMINATION AND RELEASE OF A WATER MAIN EASEMENT BETWEEN OC LAND HOLDINGS LLC AND THE CITY OF OAK CREEK (2nd Aldermanic District) BE lT RESOLVED that the Termination and Release of a Water Main Easement ("Release") by and between the OC Land Holdings LLC and the City of Oak Creek be and the same is hereby approved. BE lT FURTHER RESOLVED that the Mayor is hereby authorized to execute and the City Clerk to attest to the Release on behalf of the City. BE lT FURTHER RESOLVED that modifications or technical corrections to the Release that may be reasonably necessary in order to preserve and maintain the general intent thereof and that are approved by the Director of Utilities and City Attorney are hereby authorized. lntroduced at a regular meeting of the Common Council of the City of Oak Creek held this 15th day of September,2026. Passed and adopted this _ day of Seotember 2026. Common Council President Kenneth Gehl Approved this _ day of September ,2026 Mayor Daniel J. Bukiewicz ATTEST: Catherine A. Roeske, City Clerk VOTE: Ayes_ Noes_ TERMINATION AND RELEASE OF WATERMAIN EASEMENT Docurnent Number Record Area Name and Return Address Wangard Partners, Inc. 1200 N. Mayfair Road, Suite 4 I 0 Milwaukee, Wisconsin 53226 Attn: Legal 762-90 r l -000 762-90 I 4-000 785-90 r 5-000 78-s-901 6-000 78_5-901 7-000 78-5-9018-000 Parcel Identification Nunrber (PIN) TBRMINATION AND RELBASE OF WATERMAIN BASEMBNT THIS TERMINATION AND RELEASE OF WATERMAIN EASEMENT (this ..Re.!-9aËg'') iS ¡nade as of the_ duy of_.2026, try ancl between the CITY OF OAK CREEK, WISCONSIN, a 'Wisconsin municipal corporation (the "City"), and OC LAND HOLDINGS LLC, a Wisconsin lirnited liability corrpany (the "Owlrer"). RECITALS WHEREAS, Walden OC, LLC, as grantor, and the City, as grantee, entered into that certain Waternrain Easernent dated November 10, 2017, and recorded November 15,2017, in the Offìce of the Register of Deeds for Milwaukee County, 'Wisconsin, as Docutnent No. 10729645 (the "Easement"), a copy of which is attached hereto as Exhibit A; WHEREAS, the Easement granted the City: (i) a temporary access easement over the area described in Exhibit B to the Easernent; (ii) a ternporar) constluction easement ovel'the area described in Exhibit C to the Easement; and (iii) a perpetual. non-exclusive watetmain easement over the area described in Exhibit D to the Easenrent, all affecting the real property described in Exhibit A to the Easel.uent (collectively. the "Easement Rights"); WHEREAS Owner is the current fee owner of the real property affected by the Easement and is the successol to Walden OC, LLC with respect to sttclr real propefty; WHEREAS, Sections I and2 of the Easement provide for the expilation of the temporary access and construction easements, and Section l8 of the Easernent provides that, if all or any portion of the Easement Area is acquired for public streets or other public use, the lands so acquired shall be considered as though the Easernent had not been executed and the lights granted thereunder had never been exercised; WHEREAS, the City has detelmined that it no longer requires the Easement Rights, and Owner has requested, and will consent to, and join in tlre tenrrination arrd release of the Easement in its entit'ety so that it no longel encunrbers the real property affected thereby; WHEREAS, Certified Survey Map No. 9743. recorcled in the Office of the Register of Deeds for Milwaukee County, 'Wisconsin. as Docurnent No. 11599948. as corrected by that certain Affìdavit of Correctiou recorded as Docu¡rrent No. 11625153, decJicatecl as pLrblic riglrt-of-way that poftion of the Easerrrent Alea located within West Prairie Wind Botrlevalcl. theleby rendering the Easement Rights unnecessary witlr respect to such area: and WHEREAS. the Conrnron Council of the City has ¿ruthorized the execution and t'ecolding of this Release pul'suant to Resolution No.-. aclopted on 2026 NOW, THEREFORE, fbr good and valuable consicleratit'rn. the receipt and sufficiency of which are lrereby acknowledged, the City and Owner ¿ìgree as 1'ollorvs: l. Telmination alld Release. The City hereby irrevocably telnrinates, releases, relinquishes, and quitclairns all of its right, title, interest, privileges. and benefìts under the Easetnent, including, without lirnitation, all of the Easernent Rights. Owner hereby joins in, colìsellts to, and confirnls such terllinatiorr and release. Tlre Easenlent is ternrinated in its entirety, shall be of no ftlrther force or effect, and shall no longer constitute ar'ì easerneut. covellarìt, t'estt'iction, clrarge, bltrden. or encurlbrance against the real propefly af f ected theretry or arry portion thereof. IN WITNESS WHEREOF, the City and Owner have caused this Release to be executed by their respective duly authorized replesentatives as ofthe date first written above. CITY OF OAK CREEK, WISCONSIN By Daniel J. Bukiewicz, Mayor By Catherine A. Roeske, City Clerk ACKNOWLEDGMENT STATE OF'WISCONSIN MILV/AUKEE COUNTY Pelsonally came befole me this day of 2026, Daniel J. Bukiewrcz and Catherine A. Roeske, the Mayor and City Clerk, respectively, of the City of Oak Creek, Wisconsin, to me known to be the persons wlro executed the foregoing instrunrent as such officers and, by its authority, as the act and deed of said murricipal corporation. Name Notary Public, State of Vy'isconsin My cornmission: ) ) ) SS 2 oc LAND HOLDINGS LLC, a Wisconsìn limited liabil cornpany P. Siepmann Chainnan of the Boarcl of Managers ACKNOWLBDGII,IENT STATE OF V/ISCONS¡N MIL\MAUKEE COUNTY ) )ss ) Personally came befora rne this ? day of 2026, John P. Siepmann, limited I iability conrpany,the Chairman of the Board of Managers of OC Land Hold LLC, a'Wisconsin to me known 1o be the person rvho execnted the foregoing instrument irr such capacity and acknorvledged that he executed the foregoing instrr¡ment on behalf of said limited Nanre: ,/r'o Nolary Public, Slate of My cornmissiorr This irrstrument was drafted b¡': Timothy J. Voeller, J,D. Wangard Partners, lnc. n lil.r lt: Ol li'.'stì l.,r: ì; :tr Ht ¡::r i. l.f!fìß ll r i,l -l BXHIBIT A Watermain Easement recorded as Document No. 10729645 [See J'ollowing pages] lTrtermdn E¡rçmeat ÞocùffilNu& Dôq¡lmtThlG ÊÅ,SÉMäÌ.ITNO l-'{-æ{o PROÍËCTNO. 15023 RESOTUTIONNO. lf8Ìl- tot1 tl åÞÞngss No, 743ü,7478,ts¿g s zrû st SnANTOF.(S) WALÐEN 0C, LLC RtarüngÁrn N¡nc ¡ndR¡o¡¡¡Ådd¡a¡r Msl¡rs*t Krdr, ¡Lüor¡ûy rl ¡¡er DOC t$ 1071964Ë nt@tÞlÞ t*,|t;|l;tt7 11å34 ¡l.l ¡Ðltll t¡ ravE RËËISÎFâ OË ÞËEBs tllhxrrrkâG Cd¡rty, YYI Al{OUt{Ρ 3fl.OO FËä EXEüPï *rr..Tl*a dÖ,illmírt *tt ùaür d.çlrorúcrny flcordrrl eod rrtlln d lo tt¡c i¡tÍrllta., .a ?62-,?9p3î0t3 ?,S2-qqsl ìû03*?¡5:9999{!,1 îHIs1¡,IÀTERMATNEÅ5EMENT("Agreemcnt), mâdeas Fr¡cdtd¡¡dflcallo¡le'b.'ßIl{) of Novecrber þ, 2017 by and bsti'/cú City of O¿k Crcclç a muuiciprl corporation (including its sr¡cccs¡Ðrs rnd amigns, houæver designa*cd), hxclmffcrre,fer¡cd fç as nçþ* nnd ll¡ûldw OC, LLC, (iuoluding itl ruccessors ånd assigru, hotwv* derigna*ed), hercin¡ft* rcÈntd to 3s '!ûrâ¡þ/', WITNESS NTE & l(¡rl¡ 7300 g. 13rh St s¡iu 104 0¡t fr?r¡, \rr¡ JilS{ TlllERËAS, ürantor is tle ow¡ie¡ of resÐrd of cerlain real cstate located in Ciry of Oak Creek {lho Pnrpertyo), more particulady dessribcd itr Ixhibit A rvhich ís âttached hçreto nnd incorporntcd herein; WImREÀs, Cily inteads to insts¡t a rvatermai¡ on portions of the Propcrty (llre "P.rojecr'); WHEREAS, Cþ dedæs to acquire (i) a lemporary afÆ$sß eåsËmeill witir thç rigbt of cntry in and across that portion of thc Propcriy morc particularly dcseribcd in tixhibit B ("Access Arran), which is attsched her€to and incorporatd hrein; (iii Ê ttñporsry coostuction êasemert with ths dght of enfry in end across that portion of the Prcparry more particula¡ly dcsc¡ibtd in Exhibit C (rConstruction Ärea"), which is ¡ttsched hereto and incolporated herein; and (üi) a pcrpctual, non. exclusive Õãs€m€nt upon, &øoss and under a portiou of thc Proporty more particularly dçscriH in Exhibit D ("Facilities Arca"), which is aüsciltxl hercto a¡rd incorporated hercin; and Þx Yr: lllll Dr{tt ltlr296J5 Prgel I of ll WHËREAS, G¡antor is willing ø Srålrì s¿id çâsêments ou the tcnüð aad copditions sci forlh hercin' NOW, THEREFOR$ ir¡ considergtion of the poymeat of ?cn Doll¡r ($1Û.00) ¡nd olher good and valrnblc conrideration to Grantor, thc reecipt rrbe¡eofis hereby acknowledged" and rnbJtct tn the terns ¡nd rr¡ntlltionr srt fortb bclow, Orantor gnnts to Cify (i) n tcmporary acccss eæemcnt (tho "Acçfðs Ëasement')¡ (ii) atcmporary cCI¡lsbtrctioü easement (thc nCor¡skr¡ction ËËåç!ûenli) and {íü} a perpetual, non*exclssiye sssernurt (thc Tsmørcnt E¿sement"), on thtst pslþ of thç ltoperty mol0 partiir¡larly de¡cribed in Exhibits B, C and D (tcgether, the "Ëas+mçnt ArÊ*")' City ËççÊpfs thê Easemert Å¡ga uag ie" in all respectr. C¡raütor makes to w-arranliss of any kind eonaerning fhe cosdit¡on of the Ëasement A¡ca cr the E¡*ement Ärea's suitâbility for City's purposes. l. åpprss H#¡9rÞç"nt. "fhe AcûeËs Eå$fficnt ie granted tro City solciy for the purposc of pmvi¿¡ng ingress ená ig¡res to and hom lhc Base¡nent Ar¡r by City, it¡ agcnts, conþactors or olhcr Lpres"otatives (togeiher "City Parties), The Access EåsËmtnt shall expire 1? montüs from the date of thç recording of this Agrcamcnt; 2. CqnsÌ{r}ction 4€sF.m€nt The Constn¡stiou Fasørent fu granted to Ciry solely for the prpose of permiüing Cìty Prties to (i) buíld and consbuct certslû water¡:lain facilitÍcs and ap'purtcnances 1tx "facilÍties") in the portions of the Pmpçrty shoy¡Ã itr Bxhibit C; and (ii) provlde plae*s to stôre soiln rnaterials, equipmen! lrucks, job trailers, drtmpstora and all items City {inds nccessary for completio:r of the Pioject. The Conskuction Ëssêmeat shal! expirc 9 monlh¡ from the awa¡d of t Froject conbact and issuançe of a start work otdar by City Engineer of the City of Oak Crçek. trtotwiråstsûUing anything containcd hcrËin to tha coatrary, (n) only soil excål¡Bled ûom property owned by {hss!Þr may bc placod wilhin tho lase¡ncnt fucE (b) no rc-fucliag Bûy bs p, rcsent on tlre Bæement ,{¡ta; and (c) no ftel may be stored in the Easement Area. 3. Pffrnanent E¿semsût, The frrnuncnt D¡scment ir g¡et¡ted ùo City solcly for th* purposc of pennírting City Parties tÕ op€rats, maintai4 rcp*ir, recons$lct anil inspcct lhc F¡ailities, as may be or may become necs$såry. 4, Cosr ro be Borns bv City, City shal¡ bs solely responsible br designing, consír,roting and maintaining the Easement Area as City dccms to be appropriate, all at Cþ's rolc exp€rue. ûrantor shall have no responsibility in respect to any of such mâttsrs. No charges will bc madc against the Froperty for the cost ofmaintenance or operÊtioÌ gfthe Facilities. 5. Þg{ CÕnstruction Practiccs. City will employ its bêst efforts to protecl sny ae¡thetic plantingo, fences, lawns, walks, roadways, driveways and parking lot surfacing during any actiYity on the Pmperfy by City Parties. Àny of thc surfacc or subsurface of the Eas¡ment Area as may be disturbed during whetever conslnrction, rcconstuctioq inspection and repair work is or bæomes nærgsssry in constnrcting or mûhrßining rhs Fscititiss will, at the expcnre of City, be rcplaced in slbstantially the same conditicn as it war prior to $¡ch dlsturbance. However, City's obligation to reslore the prop€rty do¿s not apply fo åny struttu¡e, fence, hard surface paving of any typ€ o¡ configuration, trees, trushcs, branches ör roots which may intcrfere with City's use of the Eusemenl Area and Cify shall havs the rig}tl to trim or rcmovc åry trees, bushasn brnnsheg or roots so as not to interfere witl Citys use of the Easement Arca, City sha.ll bc solely responsiblc for protccting ndjotning a I¡{ Yr;:lll: frtx'ti lllr-21}ó-15 Prselj 2 of l.l wettand snd rvoodlåttd aæas, provídirig any signaga and markingr wlrích may bc appmpriate, and providing safety, noise and dust coatol, 6, Conpliance $th lærs. Cífy ghall car¡sc Cþ Parties to r¡¡e the Ë¡sçmcnf Área only in complianee with âll opplicablc fsdsrå|, su¡tfr ild loøl la'wo, slâfutÊs, ordhåuces, rulos, srrd regulationr. 7. Indclgsúsâlig¡-by$¡S. tity bereby agrccs to indorrnify ¡nd save Sra¡rtor and its mernbcrs and tùeir afliliat€s, agÊnts, employecq officcrs, di¡ectors rd tustec* (collætivcly, the olnderüffird Parties") ha¡mle.ss åom eild agnins any losser, damagos, expçr¡ses, lÍabilitics, claims, dsmfirds and causes sf action (togelher witb a¡ry lagal f.eæ and olher expenss iacuncd by thc Indemnificd P¡rtic,s in sonnectÌon therewiü$, rÇ$dtiäC dlrectly or lndireotly &ors, or in connection ryrth, (i) aly coatsrninâtion of lhe Propcrty by City Parlies which aríaer åom, occurq or resultg dinctly or indirestly- *om tlre use of thc F¡operf pursuâra to thir Agreærncn! {ü) any uegligcuf qÊ! €ffÕt or omission caused by CjW Partiss; (iii) any onky on tho hoperty by City Partie¡ íncluding, withour Iimitatio*, any lossos, damagcs, cÐrpÊr[ers, liabilities, clg¡ms, demffds and causes of action resutrting, or alleged to be resulting, from mcch¡niç,'s rr rmtûriâhnfirrs lian¡ çr åpm injwy or dcath ofpcrsonr, or damage to the Froperfy or åny other property, încJudiug but not tìmitcd tt, darnage ta any adjo¡nírg wsilrûds and woodlandr; providod, howçvcr, ¡hst Íf thc above loss, elrim, coxç drmage, iqjrry or liability rcsults from the joint negligcnæ oftho parties hercto, then tlre ltabtlity thcreforc shåil bc borne by City and Õ¡anto¡ inpmpcrtion fo Ìheirrospectivs dcgrec of negligencc. 8. IÊtu¡+xcE. P¡ior to City Pøties €:$tëring onto the P*p"tty, City ühåll oblairr and keep in ñ¡ll forcc and offect, or çausc to bc obtained a¡d kryt in fuIl force a¡d elfecl i¡sura¡cc n¡ scl fofih below (as thc såme may bc reasonably ruodificd by Gruntor), aaming Õrento¡ and íts members and thcir afflíates, sr¡bsidiÊriËs ond ågcüts, ås additional insu¡eds, ¡nd nh¡li dclivsr to ßrantor, ccrtificates of irrsurâ¡ce satisfactory to Grsülsrsvldensing such inrumne*: TyPe Ltunis Commercial 0ensml Liability $2,000,0Oûioccurence $5,00û,û00åggregate Bwiness Auto¡nobile Liability S1,000,000 ccmbíned single limit 9. Waiv"ct..p.l.å$brogatio¡r. Cify and Oranlor each hereby rvaive ¡ll rights of subrogarion that eilher has or may hereafter have against tie olher for any darnage 1o thc Eascment ÀTeâ or to årìy other rc¡J or pcrsonal pto¡rrty or to pereons occurring on thc Ðasement Area covcred by such party's insurance, but only lo the extcnt ofthe waiving parrls insuranc€ coysrage; provided, bowever, that the foregoing waive¡s shalt not invalidate eny policy ofinsurancc now or hereafie¡ i*sued, it being hcrcby agreed and understood thal such a waiver shall not apply in âìy cssç which would æsult in the inv¿lidation of any such policy of insurance, 10. Permittecl lmp¡ovemçnls. Except as expressly limiæd herein, GrantorrÊserves all rights as o*ne¡ oflhe Property, including bul not limited to, the right to ræe thç Easemcnt Area for all purposes ) l-!x Yr: llll 7 Drr¡r 10129¿¡15 Pilr(tl 3 of l.l üot inÕonËi$tçnt wi¡h tþis grant pmvldn4 howcver, thatns nhi¡çfitrç may bc placed wit]rin Thc limits of thc Esscmeût ÀrEå by Granlor, sxeryt ùat (i) i:npmvernents which v¡ould not have a significant d¿aimental effect on the fi¡ü€tÍorr of tl¡e Fs¡iliries mry b* corunr*çd with CityEngineer't approval, which approval Bhåll aot be rm¡easonably wíthheld, eondltíoncd or delayed, and {ü) impmvønents sucb as walks, psveËÌcntr for driveways, pürklng lot strfacíng, lundscapc pla*ing and fencing mry be cossructcd within thc E¡¡emcrt Ârea withoul tþ HngínêÉr'ü coilsonl I t. Citr Anprgy¡ùAjllåIdçfground Cot!$4Atio.rt. ürâñror shâlt submit planr for approval to City Ergineer fsr any undøgmund instsllation wíftiü tbê Fsoilitiss Áreg r¡hich approval shåll not be unreasorably withbel{ conditioned or delayod. 12, lndemnification by #{n{rlot. ln r¿nnectlon with tbç corsft$tirn by Grantor of any struch¡re or buílding abuting lbe Ë¡semcnt Arca, Grantor rvül æsuño sll liåbility for any damago to tlle Facilities in the E¡s€ment -{reÊ, Crsütor will nlso sâvo !ûd hold Citr h*rmlç.ss åom any claims for peæonal injurie* or pmperiy damage mused þ any ncgligence or willñrl acls o¡ omissions of G¡antor or psßo¡r$ actin¿ oa behslf of Grnnlcr, arising o* of dsuage to thc Factlitix eauscd by $e conssuction by Gmntor ofarry skach¡r* or building abuttíng thc ËasomEr¡t "Area, a¡d shâll rsimbur$€ City for the fr¡ll amor¡nt of ¡ush loss or danage, 13, Special A$cqsn¡cnts ünd CoünËction g¡årgoq, No chrges will be srade againstthe Pmperty for the r¿sl of mai¡¡lensûêc or opcratioa of the FpcÍlities on thc Propcrty. If buildings eonstucted on the Property are cüraeeted to the Facilities, City's normal connection chargcs shall apply, 14, Accrs.s Righls by City. Exccp inthc case of aa omcrgrncy, th; Facilities shall be aæesslble for mai¡ten¡nce by Crty upon æasonablo aotÍcç end in ùe cnmpany of a represecrtativc of frrnntor. TVork donc by or oo bbalf of Cify $nll bç conducted in euch û:årrnor as lìrill avoid or minimizc dâmege to tbÊ ProperÌy rad disruption of Ors$or'a opmtionr. 15. Obstruçti,on Frchibitcd. City rnd Grantol ¡hnll each rxc, and ttlco reæooablc mcûsr¡res to carse theír employees, officcrnr cu$lÕrnert, agçnt$, conùirciors and assigns lo use, th6 Easement A,rea in a reasonable m¡nncr and so as Dot to obstn¡st or otherwise usE the tsssement Arcå in a maa¡cr that would ru¡rêåsonably interfere with the rxe thoreof by the other party herclo or ils employees, offiçers, customers, agcnts, contactoß and asrigns. 16. Asgignmçnt f.rpbihited. This Agrecmcnt, a¡d tho covonÂn$ and agreements herein contained, shall bc binding upon City $¡Ìd Grqtrtor, und their succcseors and assigns, Cìry may not assign its rights or dutics undcr this Agreement. Grantor may nssign ilr rigbts or delegate its dutirs under this Agreement without the approval of City (i) to arr affiliate or (ii) in conjunction with a transfer of the hoperty. l?, No hesc.dgfiy*..Rjghts. City acknowledges that it$ use of ùe Property is solely pursuant to this Agreement and sueh use shali not be dEcmed to give rise to City hnving any other righl or interes! including any owncrship intercsl, in thc Propedy. City furlhcr ackno*ledges that no prescriptiv* rights havc arisen prior to thç date of this ,A.greunent nor shali any prescriptire righls be deemed 1o a¡ise ou: of this Agreenrenl If the F¡ciliries ar¡ disconîinued or aba¡rdoned for the purpose granted, 4 frr{ Yr;:l}l? Dr¡';, lll:2}6.15 Prur#.f of l{ thc Perno¡ncnt Erlenênt ahall, wiùout uotie*, demand or rs+nly, îÇvçrt ûo ürastor. its heils, pcrsonnl rc,prÊtcntstivcs, succc*rors snd meigns, I 8. Public åequisil¡ ffi of ,Ë¡¡sftrt .t#ga. If at ¡o¡na Fû¡nt la e€ futurs ¡ll or n pcrtion of rhe Ëascnrut.Àroa $hôlt bo acqr¡irËd fot public sbÊÊts or othcr publio uro, in auy proccedinga for thc acquisition ofths portion ofthc Fropørty needed fo¡ sush public rrse by purchasq dedication or þ condcrmatíon, *¡¿ 1"ds ¡håll bc coasidcrsdtbss¿¡ncts thþugh thi¡ csscmc,nthad not bocnê¡(csulcd o¡ ¡ny dgbl¡ grantËd bereby cxcæiscd. 19, Negcs If notic+ b æqulred ùo Çlty or S¡ndar lt may be gfven by æput¡blc overnlghi dclivery senicc, prçpaid and addrcssçd a¡ followsl ffas m Cityr City cf Oåk Crc€k Fr¡nklinCiBHdl 9ï2* lVc¡tÏ¿nmis &oad fñr¡kliu' Wi$snsis 53 132 Att*rtioa: Cþ*ryirreÊr If as !o Gñ¡¡ûr: Walden OC, LLC ?20 East Wiston¡in Avcnuo Milurukro, fi¡isconsin 532û2 ,{tcr¡tionl Ðiærøt Re¡l E¡tate Invêsunsnts lryitha copy tor WaldsnOC,I,l,C 7208s$Wissol¡iã.{vsuc Milq¡aukec, lVi¡msÊin 53202 "dttætisn¡ Oe,uq¡l Coun¡el Thc pemom to wlro¡n noticc should br sonl may be changed in writing *om time to time by oeuding notics to thß o*er parry rs providd hmcin. ?0. Right to Enforce, Eitber prny hsret$ may euforce this c¡scmenl by appropriate act¡on, Ê¡d should it prevail in surh litigation, tl¡st prrty shall bo entitted to tecovcr, as pårt of its costs, reasonable attorncys'fccs- 2!. Parties Ðound. Thig easûment shâll be binding upon and inurc to the benelit of (i) Orantor and any s:ccessor olyner of thc Property or any part thereof wTrich sbuts the Ë¿s€ment Ana; and (ii) City ond any govsfiunÊr¡tal enlity lo whom City's intcrcsls hsrei¡ shall bc ussigrred. 22. ModiËcstion or AmÊrdmcot. Täi¡ coscmsnl rney ool bc modifiod or amended, cxccpt by a v.titing executed End deliverçd by City and Onntor or tbeir respective fuccessor¡r and aesigns nnd duly recorded. 23, Non-Waivcr. Nc wsvicr of, acquíescencc in, or con¡c¡rt to any breach of any ùerm, ceverant, or condition hereof sb¿ll bc eonstrucd rs, or conrtitnts, a waivcr of, acquiescence iq or cûnsenf 10 any otber, furtber, or zuccerding breach of the $sme ôr any othor term, çov€rå¡rt, or c.ondificn. I Drx Y¡:2lll? D¡x; lfl?29ó.ll PtÉcri 5 of l.l U. Ëçvsr¡bitity, If any ærm or provision of lhis easçmenl rball, to any extcnt be invalìd or u¡eufolpeablc uader ap¡lieable law, thcn the remaining tcrr¡s and provisions of this easemcnt shåll not bo affpcted tbcrcby, ånd oach zuch mmaining ærnr and pmvisíou sh¡ll be vaLid and mforcçâble to the ñ¡llest cxtcnt pemrittul by applicablc law, 25" Apolicabl¿ Larv. This ëårsment shall bc conskucd and mforced in accordanc+ with ths inttrnål laç¡ of th¿ Stste oJWisaÕüsiü. IN T¡¿ITNBS$ iltHBmO4 ûr¡ntor and City have bereudo sel lheir hâ[ds aod seåIå $ of rhe day nnd ycar firotabove writtea ìry.4,LIlEn OC,LLC Granlor¡ By: Byr $T.A.TH0F T|TSCONSII.ü ) *c, MILWÀIJKEE COI.ÍÑÏY, nh- BEIORE ME, thc undersigrred authority, on thir // lay of November,2û17, personally appeared Kevln C, Kcnnedy anil Cstüerine M. Young, knorrn to me to be the psrsoß whosc ¡ra¡nos aro expressed. &rd äs the act ofsaid comp¡ury. V;,r] ^4"r-"J'..*-,Lor¡ a. Ëircnbaum, Notary Public, State of Wisconsin My conrmission expires -3 .44- /, subscribÞd to tle foregoing instn¡menl, and known to me to be acknowledged to mË lhat thcy executd said insrument for thc Di¡eclors of Walden OC, LLC ûnd thercin g O¡ lllllt¡ (signatr.ncs continued on following page) 6 :¡.Ü{ c Drx tr: ?lll¡- D¡x; lfli29ó-15 P¡r(tl I Ðf l.l CITYÛTOÀKCREEK cif: g By: J. Ðy; CAÏÏ{TRINE.À" STATËOFlviSCONSnD MILTVÅUKEE COUNT'Y) )s$" Mayor w ,t My commission ¿s to form \¿_ L. Karls, A,ttorncy Not¡ry Publíc My aommission ir pennaneot. Thk Ínrm¡¡nen¡ c¡sdrrttd by Crthrilc M. Y.ung. Asrldùnt Oùt¡cr¡l C{uat l Tt¡o lt¡ortl¡çrç¡çm Mu¡ual Lifç ln¡un¡ca Comprny 720 Erst Wisc¿nçin Avcnu¿ Milvrutcc. WI J32ül 7 Dix Yr ?01? D,x# f 0?29fi5 P{ge-{ ? of li EXt{¡4t#å PNOPSRTY z{åpst?rr{sr ?rN ?62199-{}03 N3l ÀCS. Or S.37âCS. SrNWl/4 SßC,7-ç22BXC. COM 459,2r FT N OF $r COROF SD r/4 sËc, Tä N 9$ rrË 30û rT s 9s s'f ïH ril 30ü rr ro Epc. e [xc w t0 rr roR ðTREET & EXCPÅRT DDEDPÞ TO MTLlil, COU¡I.IT TÛß PÄRK PI'NPOSES, COI{T" ?O.I'9 ACS & PTS COI{V TO DüTFORST ?47Es2?THST.-._ rIN 762:t991403 s 6lrcs oF s 3? Àcs or Nw v4 s[c ?-5-22 axc w 8.0 rr rOR RD & lrxc E 66e.e8 r'T coNT 4.293 ACß e 3XC rTs CONV TÕ DOT r¡{ DOC ItO 103255?9 FOR ST ?54Lü27grsT ,,. ,-." P"qÍ ?8q:gee:eo¡ HUz 0r ì{ln ûtr SìÐ1/4 SEC. 7-5-!2 3XC. lry 8.0 m rOR STRäET & ËXC. PÀRT Df,ADEÞ TO Mn \rÀuKnË colrNTY FoA pÀRK FURPOSES" CONT. 25.60t ÂCS & ßXC PTS COr{V Tg STÄTE OF W¡ DOT I¡¡ DOC N0 103255?8 FOn ST Dlt Yr: ?lll? 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D¡x¡t l0?29ó15 Prgc# I 'l of I'l OAKCREEK Meeting Date: September 15,2026 la - wtscoNstN - Item: Recommendation: Fiscal lmpact: CriticalSuccess Factor(s): Item No. COMMON COUNCIL REPORT Garden Medley Estates Subdivision lnfrastructure Development Agreement That the Common Council adopts Resolution No. 12723-090126 approving the Garden Medley Estates Subdivision lnfrastructure Development Agreement with Milwaukee County Department of Health and Human Services Housing Division, for the design and construction of public improvements for the development located at 3810 E. American Avenue and 9050 S. Annette Place. (Tax Key Nos. 865-9978-003 &869-9993-000) (Project Nos.26050 and 2605'l) (4th District). Developer will be responsible for their established share of the costs related to the work covered under this Development Agreement. ! Active, Vibrant, and Engaged Community X Financial Stability and Resiliency X Thoughtful Growth and Prosperous Local Economy ! Clean, Safe, and Welcoming [l lnspired, Aligned, and Proactive City Organization [l Quality lnfrastructure, Amenities, and Services n Not Applicable Background: Milwaukee County Department of Health and Human Services Housing Division is proposing the development of County-owned property located at 3810 E. American Avenue and 9050 S. Annette Place as Garden Medley Estates, a 50-lot single-family residential subdivision with two outlots. The subject properties are vacant, undeveloped, and zoned RS-4 Single-Family Residential. The proposed subdivision would create new single-family residential lots and associated public improvements necessary to support a functional residential neighborhood. The Development Agreement establishes the developer's responsibilities and obligations for the design, construction, funding, and installation of the public infrastructure and storm water management improvements necessary to support the subdivision. Required improvements include water main, sanitary sewer, storm sewer, street lighting, sidewalk, curb and gutter, stone base, asphalt pavement, and related storm water management facilities. The proposed water main and sanitary sewer improvements will connect to existing public utilities located in E. American Avenue. The Development Agreement requires that the public improvements be designed and constructed in accordance with City standards and all applicable local and state codes, and that the improvements be subject to City inspection during construction. The agreement further confirms that the required public infrastructure and related improvements will be funded by the developer. Approval of the Development Agreement allows the City and developer to formally establish the responsibilities, construction standards, inspection requirements, and financial obligations necessary for the installation of public infrastructure associated with Garden Medley Estates. Options/Alternatives: lf the Development Agreement is not approved the public improvements would not be permitted to be installed and the site would remain in its current undevel oped state. Respectfully submitted: An J. Vickers, MPA City Administrator Fiscal Review: MaxwellGagin, MPA Deputy City Administrator / Finance Officer PreparediApproved: -/%/L/A Matthew J. Sullivan, PE Assistant City Administrator/ Engineer % Attach ments: Garden Med ley Estates Development Ag reement, Reso I ution 127 23 -09 0126 RESOLUTTON NO. 12723-090126 BY: RESOLUTION APPROVING THE GARDEN MEDLEY ESTATES SUBDIVISION DEVELOPMENT AGREEMENT TAX KEY NOs. 865-9978-003 & 869-9993-000 (4rH ALDERMANIG DISTRICT) WHEREAS Chapter 14 of the City of Oak Creek Municipal Code requires that a Development Agreement be entered into prior to the required public improvements being installed. NOW, THEREFORE, BE lT RESOLVED by the Common Council of the City of Oak Creek that the Development Agreement, attached hereto and incorporated herein by reference, by and between MILWAUKEE COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES HOUSING DIVISION ("Developer") and the CITY OF OAK CREEK, is hereby approved, and; BE lT FURTHER RESOLVED that any non-substantive technical corrections to the Development Agreement that are approved by the City Engineer and City Attorney are hereby authorized, and; BE lT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute said Development Agreement on behalf of the City, and upon execution by both the City and the Developer, the City Clerk is hereby directed to record the same in the Office of the Register of Deeds in and for Milwaukee County, Wisconsin. lntroduced at a regular meeting of the Common Council of the City of Oak Creek held this 1't day of September,2026. Passed and adopted this - day of -, 2026 Kenneth Gehl, Common Council President Approved this this - day of -, 2026. Daniel J. Bukiewicz, Mayor ATTEST: Catherine A. Roeske, City Clerk VOTE: Ayes Noes Document Number GARDEN MEDLEY ESTATES SUBDIVISION INFRASTRUCTURE DEVELOPMENT AGREEMENT Document Title Area Name and Retum Address: Matthew J. Sullivan, PE 8040 South 6th Street Oak Creek, WI 53154 865-9978-003 and 869-9993-000 Parcel Identification Number (Pin) THIS AGREEMENT, made and entered into this _ day of 2026, by and between the Milwaukee County Department of Health and Human Services Housing Division, hereinafter referred to as the "Developer", and the City of Oak Creek, hereinafter referred to as the "City", each a "Party" and both the "Parties"; WITNESSETH WHEREAS, the Developer proposes to develop the following described lands situated in part of the Southwest 114 and Southeast 114 of the Northe ast 114 and the Northwest 114 and Northeast 1A of the Southeastl14 of Section 23, Township 5 North, Range 22Easl, in the City of Oak Creek, County of Milwaukee and State of Wisconsin, to-wit: Commencing at the Northeast corner of the Southeast 114 of said Section; thence South 89" 46' 55" West along the North line of said 1/4 Section a distance of 863.00 feet to a point in the West line of the Chicago Northwestern/Union Pacific Railroad right of way and the point of beginning of lands to be described; thence South 10" 24' 18" East along said West line 504.27 feet to a point in the North line of East American Avenue; thence North 89o01'56" West along said North line 102.00 feet to a point; thence South 10" 24' 18" East 30.56 feet to 1 a po¡nt in the centerline of said Avenue; thence North 89" 02' 07" West along said centerline 702.50 feet to the Southeast corner of Lot 1, Block 3, in Assessment Subdivision No. 60; thence North OO' 47'02" East along the East line of said Lot 179.94 feet to the Southeast corner of Certified Survey Map No. 82; thence North 00' 59' 24" East along the East line of said Certified Survey Map 329.85 feet to the Northeast corner of said Certified Survey Map; thence North 89' 52' 33" West along the North line of said Certified Survey Map 15.26 feet to the Southeast corner of Annette Acres; thence North 1 1' 50' 02" West along the East line of said Annette Acres 112.66 feet to a point; thence North 19" 06'02" West along the East line of said Annette Acres 343.32 feet to the Northeast corner of said along the East line of said Annette Acres; thence South 65" 53' 18" West along the North line of said along the East line of said Annette Acres 195.00 feet to the Northwest corner of Annette Place; thence South 24" 06' 42" East along the West line of said Annette Place 33.66 feet to the Northeast corner of Lot 1 , Block 1 , in Annette Acres; thence South 65' 53' 18" West along the North line of said Lot 134.68 feet to a point in the East line of Briandean; thence North 24" 05' 03" West along said East line 195.08 feet to a point; thence North 65'54'30" East along said East line 134.68 feet to a point; thence North 24" 05' 32" West along said East line 105.00 feet to a point; thence North 24" 21' 08" West along said East line 69.72 feet to a point in the North line of the South ll2ofthe South 112of the Northeastl14 of said Section; thence North 89" 47' 36" East along said North line 942.48 feet to a point in the West line of the Chicago Northwestern/Union Pacific Railroad right of way; thence South 10" 24' 18" East along said West line 135.98 feet to a point; thence North 89'46' 55" East along said West line 101.60 feet to a point; thence South 10" 24' 18" East along said West line 537.88 feet to the point of beginning. Said lands contain 959,429 square feet or 22.0255 acres, hereinafter called the "Property"; and WHEREAS, the Developer has submitted a preliminary subdivision plat titled "Garden Medley Estates", Tax Key Nos. 865-9978-003 and 869-9993-000, encompassing the hereinabove described lands in accordance with the provisions of Chapter 236 of the Wisconsin Statutes and Chapter 14 of the City Municipal Code for the purpose of creating a 50-lot subdivision and two (2) outlots, hereinafter called the "Development"; and WHEREAS, the proposed preliminary platwas conditionally approved by the City of Oak Creek Plan Commission as required by law, subject, however, to the Developer entering into an agreement with the City relative to certain undertakings and/or actions to be performed by the Developer prior to final approval of the Development by the City; and WHEREAS, Sec. 236.13(2)(am), Wis. Stats., and Chapter 14 of the City MunicipalCode provide that, as a condition of approval, the City Common Council may require that the Developer make and install any public improvements reasonably necessary for the Development; and WHEREAS, Developer will submit to the City final engineering plans which, when approved by the City, shall set forth the final plans and specifications of the improvements necessary for the Development; and -2- 1 WHEREAS, the City's Capital lmprovement plan and budget does not now include funds necessary to install public improvements for the Development; and WHEREAS, the City believes that the orderly, planned development of the Property will best promote the health, safety and general welfare of the community, and hence is willing to approve the Development providing that the Developer agrees to undertake and assume certain obligations and conditions as hereinafter described. NOW, THEREFORE, in consideration of the payment of $1.00, and the mutual covenants listed below, the parties agree: Final Enqineerinq Plans. Any reference herein to "Final Engineering Plans" shall mean those certain engineering plans prepared by raSmith with the latest revision date that are approved and signed by the City Engineer. Existinq lmprovements. The Development is served and will benefit by the existing sanitary sewer and water main as installed within East American Avenue. Deferred Special Assessments. There are no currently outstanding special assessments for this Agreement. Developer shall sign the Waiver of Special Assessment Notice and Hearing attached as Exhibit B. Bike Path and lmpact Fees. A bike path acquisition fee of $50.00 per parcel or dwelling unit, as applicable, is required of all residential developments. The impact fees established by the City under Ordinance 2562 shall apply to this development. Developer agrees to pay the $50.00 bike path fee and the appropriate impact fees per dwelling unit created by this Development, prior to issuance of a building permit. Conditions and Time Period to lnstall Public lmprovements. Developer, entirely at its expense, shall, upon receipt of the notice to proceed from the City, complete the public improvements in accordance with the Final Engineering Plans and the requirements set forth in Exhibit A. Developer shall provide a proposed infrastructure construction schedule to City staff at the preconstruction meeting. A copy of any revised infrastructure construction schedule shallbe provided to the City, communicating delays or accelerations that may occur as the work progresses. A Public improvements, hereinafter called the "lmprovements", shall include the following; 1) All required work for water main, sanitary sewer, storm sewer, street lighting, curb and gutter, sidewalk, stone base, and asphalt pavement. All required work to complete the connection to the existing water main located in East American Avenue. All required work to complete the connection to the existing sanitary sewer main located in East American Avenue. 2. 3. 4 5 2) 3) -3- c 4) All required work to upsize and relay the sanitary sewer main along E American Avenue from S. 8th Avenue to S. 5th Avenue. B Developer shall, without charge to the City and upon certification by the City Engineer, unconditionally grant and fully dedicate all lmprovements. ln the event Developer does not complete the installation of the lmprovements in accordance with the Final Engineering Plans or the requirements set forth in Exhibit A, the City shall, after providing written notice to Developer and the expíration of 90 days from certifìed receipt of notice, except as may be reasonably extended due to force majeure or other factors beyond Developer's control, have the authority to complete same and take title to said lmprovements. Upon the City's completion of the lmprovements, without notice of hearing, the City may impose a special assessment against the Property, payable with the next succeeding tax roll, for the reasonable actual cost of the City's completion of said lmprovements. ln accordance with Sections 3.200 through 3.222 of the City Municipal Code and under Sections 66.0701 through 66.0733 of the Wisconsin Statutes and other applicable statutory provisions, the City may exercise its power to levy special assessments for the lmprovements that have not been installed by Developer. Proiect Construction Sequence. The proposed development will be constructed in its entirety as shown in Exhibit C. Before construction of any improvements commences, Developer must receive the City Engineer's written approvalto proceed, which approval shall not be unreasonably withheld, delayed, or conditioned for all public infrastructure, grading and drainage, erosion control, Milwaukee Metropolitan Sewerage District (MMSD) and Wisconsin Department of Natural Resources (WDNR) approval for the Development. Sequencing related to the construction of certain improvements is specified below. All site utility work will be continuous and not phased. Following Developer's execution and City Common Council approval of this Agreement and the City Engineer's written approval of the Final Engineering plans, grading and erosion control may proceed. All public infrastructure shall be installed, and approved by the City Engineer, prior to approval of the Final Plat. D The site shall be stabilized, and detention ponds shall be constructed and approved by the City Engineer prior to approval of the Final Plat. Items Required Prior to installation of Erosion Control. Prior to the commencement of construction consistent with the required erosion control plan, the City Engineer shall confTrm, and Developer shall provide proof of: D t)- A. B. c 7 -4- A. B. c. D. E. Approval of all plans required in Paragraph lV of Exhibit A. WDNR issued non-federal wetland exemption. lssuance of erosion control permit. Developer has received City approval of the Storm Water Management Plan. Developer has obtained and provided to the City Engineer the approved Notice of lntent from WDNR. Items Required Prior to start of Site Work. Prior to the commencement of site work, including but not limited to clearing and grubbing, grading, and construction of the approved storm water management facilities, the City Engineer shall confirm and, where applicable, Developer shall provide proof of: Approval of all plans required in Paragraphs ll and lll of Exhibit A. Developer has issued a notice to proceed to its contractor(s) Developer and City have arranged a preconstruction conference. Developer has obtained all pertinent approvals from MMSD for the storm water management plan. Items Required Prior to start of Public lnfrastructure Construction. Prior to the commencement of construction of public infrastructure, the City Engineer shall confirm and, where applicable, Developer shall provide proof of: A. Approval of all plans required in Exhibit A. Developer has issued a notice to proceed to its contractor(s) Developer and City have arranged a preconstruction conference. All pertinent approvals have been obtained from MMSD and WDNR. The review and approval of sanitary sewer and water main plans by the City (and its Utility), MMSD, and WDNR occur independently. Approvals are based in part on each system's ability to handle the proposed additional sanitary sewer waste flows. Developer has arranged for the City to inspect the proposed construction of the public infrastructu re. F. Developer has received City approval of the Storm Water Management Plan 8. A B c D 9. B c D E -5- 10. Final Plat Anoroval A. Upon final certification by the City Engineer, which certification shall not be unreasonably withheld, delayed, or conditioned, that all of the required lmprovements and requirements as outlined in this Agreement are constructed, inspected and found to be in compliance with City requirements and (1) proof is filed with the City Engineer that a Homeowner's Assocíation has been created; (2) proof of the public infrastructure costs associated with streets, sewers, water main, lights, and trees have been filed with the City Finance Officer and (3) lien waivers shall be filed with the City Engineer as proof that all subcontractors have been paid, the final plat approval shall be presented to the Plan Commission and Common Council. B. The Plan Commission has granted conditional preliminary approval of the plat of the development which is attached hereto as Exhibit E (the "Preliminary Plat"). The Preliminary Plat includes Lots 1 through 50 and three (2) outlots. 11 Reimbursement of Costs. The Developer shall, within thirty (30) days of receipt of an itemized invoice, reimburse the City for all reasonable and outstanding fees, expenses, costs, and disbursements incurred by the City for the design, review, construction, inspection, dedication, administration, enforcement, or acceptance of the public improvements. ln addition, Developer shall provide to City copies of lien waivers from all contractors, material suppliers, or consultants who performed work or supplied materials for I mprovements. 12 Workmanship Guarantee. Developer shall guarantee the lmprovements described in Exhibit A against defects due to faulty materials or workmanship for a period of one year from the date of dedication of the lmprovements. The maintenance obligations regarding the public street shall begin upon completion of the asphalt binder course installation and terminate upon approval of the final plat. Responsibility for the streets and lights will be assigned as follows; A Pavement maintenance caused by the construction activities, including any repairs and street sweeping, shall be Developer's responsibility until approval of the final plat. Snow plowing and maintenance will be the City's responsibility after acceptance of the lmprovements and approval of the final plat. Street lighting maintenance, including any repairs or knock downs, shall be the Developer's responsibility until acceptance of the lmprovements and approval of the final plat, and thereafter shall be the City's responsibility. lf street repairs, plowing, street lighting repairs and/or street sweeping are not satisfactorily performed by the Developer; the City shall, after notice to Developer and reasonable time to cure, perform such with its own forces or hired contractors and charge the Developer accordingly for actual manpower, equipment and materials, plus 10% administration and overhead. Developer's responsibility with B c -6- 13 respect to the streets shall terminate upon approval of the final plat and the City Common Council acceptance of the lmprovements and release from the Development Agreement. Hold Harmless. The Developer shall indemnify and save harmless the City, its officers, agents and employees, from all liability claims, loss, damages, interest, actions, suits, judgments, costs, expenses, attorney's fees, and the like to whomsoever is owed, which may in any manner result from the negligent construction or maintenance of lmprovements by the Developer pursuant to the terms of this agreement, the violation of any law or ordinance, the infringement of any patent, trademark, trade name or copyright, prior to their formal dedication of the lmprovements to the City as provided in Paragraph 5.4. hereof. 14. Financial Guarantees and Billinq A. Security Deposit - Security Deposit - The Parties acknowledge that Milwaukee County, as Developer, intends to construct the lmprovements through one or more public construction contracts supported by contract performance bonds and payment bonds. The City agrees that such contract performance and payment bonds shall be acceptable sureties for the public infrastructure lmprovements required under this Agreement, provided that the bonds are issued by sureties authorized to do business in Wisconsin, are submitted to the City Attorney and City Engineer for review before commencement of construction, and secure the lmprovements required by this Agreement, the Final Engineering Plans, and Exhibit A, including allwater main, sanitary Sewer, storm sewer, street, sidewalk, lighting, utility connection, and related public infrastructure work. No separate letter of escrow, cash bond, letter of credit, or other financial guarantee shall be required for lmprovements adequately secured by such contract performance and payment bonds. However, if the City Attorney or City Engineer determines that the bonds do not secure all required lmprovements, are insufficient in amount, are not valid or enforceable, are cancelled or materially reduced, or do not remain in effect through completion, dedication, and City acceptance of the lmprovements, Developer shall provide supplemental or replacement security acceptable to the City Attorney and City Engineer within ten (10) days after written demand by the City. Acceptance of the contract performance and payment bonds as sureties shall not relieve Developer of its obligation to complete the lmprovements at Developer's sole cost and without charge to the City. The City reserves all rights and remedies under this Agreement, City ordinance, Wisconsin Statutes, and applicable law, including the right to complete unfinished or defective lmprovements and recover the City's costs if Developer fails to perform after required notice and opportunity to cure. The required street tree escrow under this Paragraph 14 shall remain separately required. Reduction of Security Deposit - Final release or closeout of the surety shall occurB 7- only after the lmprovements have been completed in accordance with this Agreement, the Final Engineering Plans, Exhibit A, and City standards; inspected and accepted by the City Engineer; dedicated to and accepted by the City where applicable; all required as-builts, lien waivers, testing records, certifications, warranties, cost summaries, and closeout documents have been provided; all amounts due to the City have been paid; and any required maintenance or workmanship guarantee period has expired or been separately secured in a form acceptable to the City Attorney and City Engineer. The City is shall not be required to approve any release, or closeout while Developer is in default, required documents are incomplete, claims or liens remain unresolved, or the City determines that the remaining security is insufficient. Billing - The City shall bill the Developer quarterly as costs are incurred by the City. ln the event the Developer fails to make payment to the City within 30 days of billing, interest shall accrue on the unpaid balance at the rate of 15o/o per annum. The City shall, without notice of hearing, impose a special assessment for the amount of said unpaid costs upon the Property, payable with the next succeeding tax roll. 15. lnspection. The City or its agents shall, at the Developer's cost, provide full-time inspec- tion of all of the lmprovements outlined in Exhibit A to the Agreement. Deed Restrictions. The Developer shall prepare and submit the deed restrictions governing the proposed parcels. The deed restrictions shall be recorded separately, by the Developer, with the Register of Deeds for Milwaukee County, Wisconsin. Said restrictions shall incorporate but not be limited to those set forth in Exhibit D of this Agreement. Easements. The Developer shall acquire and dedicate to the City all public easements and right-of-way necessary to install and maintain lmprovements required by this Agreement. Permanent easements and deeds, on forms acceptable to the City, on or through private lands, shall be negotiated and obtained by the Developer, at its expense. The Developer shall provide just compensation for the easements in accordance with the City's easement acquisition policy. Chanqes to Plans and Specifications. The City Engineer may make reasonable changes to the Final Engineering Plans for any lmprovements which are reasonably necessary to (i) correct oversights, omissions, and errors, (ii) compensate for changing site conditions, or (iii) complete fully the work in accordance with sound engineering practice. The Developer shall perform the work as charged entirely at its expense without any claim for reimbursement. Notices. lf notice is required to City or Developer it may be given by reputable overnight delivery service, prepaid and addressed as follows: C 16 17 18 19 -8- lf as to City City of Oak Creek Oak Creek City Hall 8040 S.6th Street Oak Creek, Wisconsin 53154 Attention: City Engineer With a copy to City of Oak Creek Oak Creek City Hall 8040 S. 6th Street Oak Creek, Wisconsin 53154 Attention: City Attorney lf as to Developer: Milwaukee County Department of Health and Human Services Housing Division 600 West Walnut Street, Suite 100 Milwaukee,Wl 53212 Attention: James Mathy The persons to whom notice should be sent may be changed in writing from time to time by sending notice to the other party as provided herein. 20. Miscetlaneous A All construction required by this Agreement shall be carried out and performed in a sequence to be mutually agreed to by Developer and the City Engineer. Developer shall properly locate and install all survey or other monuments required by State Statute or City Ordinance. Recording of this Agreement shall be accepted by the City as adequate notice of the lmprovements specified in Chapter M of the Municipal Code. This Agreement shall be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. This Agreement shall be recorded by the City with the Register of Deeds of Milwaukee County. Upon Developer satisfying all of its obligations under this Agreement, the Common Council of the City of Oak Creek shall adopt a resolution releasing the Developer from the terms of this Agreement, subject to the Workmanship Guarantee set forth in Paragraph 12 above and as further described throughout this Agreement. G. Developer shall provide specifications in the latest Adobe pdf electronic format B c. D. E. F. -9- H t. J K. Developer shall provide all construction plans in the latest Adobe pdf electronic format. Developer shall provide documentation, before final plat approval, that a Homeowner's Association has been established. Developer agrees to allow the City to issue utility construction permits within the proposed City right of way prior to the right of way dedication at final plat approval. Storm water basin as-built certification and as-built grading plan must be submitted and approved prior to a final plat is approved. No building permits may be issued until a final plat is approved and storm water maintenance agreement has been approved and recorded. ln the event of any conflict between the terms of this Agreement (inclusive of Exhibit A) and any other documents or agreements expressly referred to herein or any City codes and ordinances or the Final Engineering Plans shall be interpreted such that this Agreement controls, lhe,n the City codes and ordinances control, and then the Final Engineering Plans control. lf any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, such provision shall be fully severable from this Agreement and this Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of this Agreement shall remain fully enforceable in accordance with its remaining terms. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which when together shall constitute one and the same agreement by and among the Parties. L M N o -10- lN WITNESS WHEREOF, the parties hereto have executed this instrument under their several seals the day and year first above written, the name and corporate seal of each corporate body being hereto affixed, and the instrument duly signed by its duly authorized representatives. ln presence of: DEVELOPER Milwaukee County Department of Health and Human Services Housing Division By James Mathy, Housing Services Administrator srATE OF WTSCONSTN ) )SS MTLWAUKEE COUNTY ) Personally came before me this day of 2026, the above-named James Mathy of the Milwaukee County Department of Health and Human Services Housing Division, to me known to be the person who executed the foregoing instrument and to me known to be such Housing Services Administrator, acknowledged that he executed the foregoing instrument as such officer. Notary Public, Milwaukee County, Wl My Commission expires (City signatures continued on following page) -l l- CITY OF OAK CREEK Daniel J. Bukiewicz, Mayor Countersigned Catherine A. Roeske, City Clerk STATE OF WISCONSIN MILWAUKEE COUNTY Personally came before me this day of 2026, DANIEL J BUKlEWICZ,Mayor, and CATHERINE A. ROESKE, City Clerk, of the above-named municipal corporation, CITY OF OAK CREEK, to me known to be the persons who executed the foregoing instrument as 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 Resolution No adopted by its Common Council on the day of ,2026. Notary Public Milwaukee County, Wisconsin My commission This instrument was drafted by Matthew J. Sullivan of the City of Oak Creek Engineering Department. Approved as to form: Melissa L. Karls, City Attorney SS ) ) ) -12- EXHIBIT A CITY OF OAK CREEK CITY ENGINEER'S REPORT GARDEN MEDLEY ESTATES I. INTRODUCTION The detailed standards for the design and construction of all improvements required in this exhibit shall conform to the "City of Oak Creek Engineering Design Manual," adopted by the Common Council on July 18, 1995, and all incorporated amendments thereof, as provided on the Oak Creek Engineering website at the time of City's approval of the improvements. The following are the general required improvements, plans, and conditions, allof which will be provided with greater specificity on the Final Engineering Plans, which are incorporated herein by reference: ¡I. GRADING AND DRAINAGE A. Required lmprovements Design, install, and provide grading of land as necessary to establish a building pad, provide adequate drainage to prevent flooding, accept upstream runoff, and safely discharge runoff downstream to avoid property damage. B. Plans and Specifications 1 A grading and drainage plan shall be prepared showing one-foot (1') contours for both existing condition and proposed finished floor grades. System plan showing alltributary areas to the proposed site drainage and downstream analysis. lncluded on the system plan shall be all proposed and existing drainage structures. House grading plan showing minimum setback and offset dimensions along with proposed house grades. Storm water management plan that meets current City storm water requirements along with the MMSD Chapter 13 storm water requirements. As-built grading plan certiffing that all grading was performed in accordance with the approved grading and drainage plan. The certification shall be required on property corners, side yard breaks, main ditches, and detention ponds. The plan shall be prepared by a consulting engineer, selected by and reimbursed by the Developer. 2 3 4 5 A-1 The grade tolerances for approval are as follows: a. +0.1' grade tolerance of the approved proposed grade with topsoil or sod in place. b. 0.0' to -0.3' grade tolerance of the approved proposed grade without topsoil in place. Prior to the installation of any lmprovements, the Developer shall perform rough grading, including planned street areas, lot pads, and drainage swales. All lot pads may be graded 2-ft below finished proposed yard grade to accommodate basement spoils. Establish permanent vegetative cover on all exposed soil by topsoiling, seeding, and mulching as soon as possible to prevent erosion. The Developer is responsible for restoring all damage to finished grades and vegetative cover caused, but not restored by, utility companies providing service to the Development. After site grading is completed, the Developer shall place a minimum of 3" of topsoil on all exposed soil. Developer may request to remove excess topsoil from the site with a written request detailing the removal methods to the City Engineer. No excess topsoil shall be removed without the written authorization from the City Engineer. Established grass seed or sod must be in place in the terrace area, minimum of six feet (6') behind the curb, before building permits will be issued. lf soil borings determine that the existing soil material on site is unsuitable for structural areas such as road or building construction, the Developer shall remove the material and replace with approved engineered fill, or as othenruise approved by Developer's geotechnical engineer. III. STORM DRAINAGE SYSTEM A. Reqgired lmprovements Design, install, and provide a complete storm drainage system, including culverts, curb and gutter, storm sewer and/or open ditches as required to adequately convey surface water from and through the Development. Plans and Specifications i. Storm sewer plans C. D E F G H B A-2 Storm sewer calculations. Storm sewer system plan update Mainline storm sewer shall be installed to provide a downspout connection to all proposed buildings unless they drain directly to a stormwater management facility. Additional considerations will be required on all ditch slopes exceeding five (5) percent. All roadside ditches or areas within drainage easements shall have a minimum one (1) percent slope. Ditch flow line slopes with less than one (1) percent will require storm sewer. All roof drains and sump pumps will discharge into a storm sewer or to other outlets approved by the City Engineer. IV. EROSION AND RUN-OFF CONTROL A. Required lmprovements lnstallation and construction of Best Management Practices in the proposed Development that shall conform with the most current edition of the Depart- ment of Natural Resources Technical Standards. B. Plans and Specifications Control plan for land-disturbing activities showing existing contours onto adjacent lands to the extent that allows the determination of drainage patterns pre and post construction. This plan will show locations and dimensions of all construction site management measures to control erosion and sedimentation. The Developer shall not commence land-disturbing activities until all erosion control measures are installed and approved by the City. An erosion control permit must be obtained which requires the Developer to construct and maintain such measures in conformance with the City's erosion control ordinance. Both during and after construction, the surface of exposed bare soils shall be protected in accordance with the City's erosion control ordinance and all applicable state and federal requirements. lf winter shutdown prevents the establishment or maintenance of a cover crop, anionic polyacrylamide (PAM) may be permitted by the City Engineer. Anionic PAM shall not be permitted to be used in the terrace area of the public road right- of-way. lf approved, the use of the anionic PAM shall be performed under inspection and meet the Wisconsin Department of Natural Resources Technical Standards. This does not apply to the immediate building site area that is subject to workers and equipment in and around the perimeter of a new ii iii D C E c D A-3 structure V. SANITARY SEWER - PUBLIC A. Required lmprovements Design, install, and provide a complete sanitary sewer system designed to meet the ultimate needs of this Development and all tributary areas, in accordance with the City's sanitary sewer system plan with rules, regula- tions and procedures of the City, MMSD, and the State of WDNR. B. Plans and Specifications Sanitary sewer plans, specifications, and design calculations. The City will furnish "as-built" plans of the entire system, including location and elevation of laterals to mains to meet MMSD requirements. All other "as-built" requirements are the responsibility of the Developer. Sanitary sewer system plan update All reports required by MMSD, the State of Wisconsin, and. South- eastern Wisconsin Regional Planning Commission. Separate sanitary sewer easements for each parcel, where appropriate, shown on the final plat. c lnstallation of one sanitary sewer lateral from the sanitary sewer main, to property line for each proposed lot. D Upon completion, furnish and provide to the City an itemized list of actual construction costs for sanitary sewer. VI. WATER - PUBLIC A. Required lmprovements Design, install, and provide a complete public water distribution system and install water main designed to meet the ultimate needs of this Development and alltributary areas, in accordance with the City's water main system plan and with the rules, regulations, and procedures of the City and the WDNR. B. Plans and Specifications Water main plans, specifications, design calculations, and copies of all easements. 1 2 3 4 5 1 A-4 The City will create "as-built" plans of the entire system, including hydrant and valve locations, and the location and elevation of later- als, all for the use of the City of Oak Creek Water and Sewer Utility. All other "as-built" requirements are the responsibility of the Developer. 3 Separate water main easements for the site, where appropriate, shall be recorded on the final plat. c Upon completion, furnish and provide to the City a complete summary of the actual construction costs for water distribution, itemized in sufficient detail to satisfy the requirements of the Public Service Commission of the State of Wisconsin in establishing or revising a rate base. lnstallation of one water lateral from the water main, to the property line of each proposed lot. E. Provide hydrant marker flags for each installed public fire hydrant VII. STREETS A. Required lmprovements A 29-foot, back of curb to back of curb, roadway construction with 3O-inch concrete curb and asphalt pavement within the public right-of-way. Pavement section shall be comprised of a 1O-inch crushed stone base, pavement edge drains, 30-inch curb and gutter section, 2 314-inch asphalt binder course and a 1-3l4-inch layer of asphalt surface course, and 5-foot sidewalk and street lighting. All pavement markings required for this Development shall be approved by the City Engineer and meet the MUTCD requirements. All street signs shall be provided and installed by the developer, upon City Engineer approval. B. Plans and Specifications 1) Street plans including plan and profile view, road cross-section and specifications. 2) Pavement design calculations. 3) Proposed established street grade drawing Clean-up, repairs, and restoration of all pavement, subgrade, shoulder, or curb and gutter defects shall be performed prior to the placement of the final asphalt surface cou rse. 2 D c A-5 D. Asphalt materials to follow section 460 of the Standard Specifications. VIII. STREET LIGHTING A. Required lmprovements A 480-volt LED street lighting system including poles, fixtures, controller, concrete anchor bases, conduit, wire, junction boxes and other appurtenances is required. B. Plans and Specifications Street lighting plans, on the paving plans, showing the anchor base, C-N-D, connection to existing lighting system, and junction box locations. 2. Lighting design calculations The Developer shall be required to maintain and/or repair the street lighting untilthe streets are dedicated to the City. The luminaire is to be LED as approved by the Engineering Department. The node to be installed at each luminaire shall be approved by the Eng ineering Department. IX. MISCELLANEOUS DEVELOPER SHALL: be responsible to preserve existing trees, brush, or shrubs, not approved for removal. lf unauthorized removal occurs, landscaping will be replaced at the Developer's expense. repair all damage to roads and appurtenances caused by construction operations. arrange and pay for procurement and installation of approved traffic and street signs. submit a landscape plan for any screen plantings, berms, and entrances Installation of landscaping shall be in accordance with approved plan. allow for street trees along the proposed roadways in the development. The number of street trees is based on, but not limited to one tree every fifty feet, on each side of the roadway. The City Forester will select the species, location of planting, select the individual trees from the nursery and 1 c D E A B c D E A-6 purchase the trees with the security deposit funds. The trees shall be installed by City forces after lots are developed and the yards are established. acquire all required underground utility easements show all sanitary, drainage, and other public utility easements on the plat. lf required easements are omitted, or errors are detected on the plat, the Developer shall make all necessary modifications to the plat at its expense. H. design and install all required sidewalk and/or bikeways provide ornamental street lighting plans and installation concurrently with road construction in accordance with City specifications. J provide paved temporary cul-de-sac, as required, for the future extension of the roadway. X. SPECIFICATIONS The lmprovements shall be constructed in accordance with the following specifica- tions. City of Oak Creek Engineering Design Manual, most recent edition. F. G A B c D E The Wisconsin Department of Natural Resources Erosion ControlTechnical Standards. Applicable Specifications and Regulations of MMSD Standard Specifications for Sewer and Water Construction in Wisconsin, latest edition. State of Wisconsin, Department of Transportation Standard Specifications for Road and Bridge Construction, latest edition. Approved by: Matthew J. Sullivan, P.E. Assistant City Administrator / City Engineer Date A-7 EXHIBIT B WAIVER OF SPECIAL ASSESSMENT NOTICES AND HEARINGS City of Oak Creek 8040 South 6th Street Oak Creek, Wl 53154 We, the undersigned, being the Owners of the property that shall benefit by the following proposed public improvements: Water main, Sanitary Sewer, Storm Sewer, Streets, Sidewalk and Street lighting contemplated under this agreement all made in the City of Oak Creek, Milwaukee County, Wisconsin, in consideration of the construction of said improvements by the City of Oak Creek, Wisconsin, hereby admit that such public improvement will benefit our property and consent to the levying of special assessments against our premises under Sections 66.0701 through 66.0733 of the Wisconsin Statutes and Sections 3.200 through 3.222 of the Municipal Code of the City of Oak Creek for the cost of such improvement. ln accordance with Section 3.204 of the MunicipalCode of the City of Oak Creek, we hereby waive all special assessment notices and hearings required by Section 66.0703 of the Wisconsin Statutes and Section 3.203 of the City Municipal Code, and we further agree and acknowledge the benefit to our properties from the construction of such improvement. Description of premises that shall benefit: The following described lands situated in part of the Southwest 114 and Southeast 114 of the Northe ast 114 and the Northwest 114 and Northeast 114 of the Southe ast 114 of Section 23, Township 5 North, Range 22 East, in the City of Oak Creek, County of Milwaukee and State of Wisconsin, to-wit: Commencing at the Northeast corner of the Southeast 114 of said Section; thence South 89' 46' 55" West along the North line of said 1/4 Section a distance of 863.00 feet to a point in the West line of the Chicago Northwestern/Union Pacific Railroad right of way and the point of beginning of lands to be described; thence South 10' 24' 18" East along said West line 504.27 feet to a point in the North line of East American Avenue; thence North 89'01'56" West along said North line 102.00 feet to a point; thence South 10" 24' 18" East 30.56 feet to a point in the centerline of said Avenue; thence North 89' 02' 07" West along said centerline 702.50 feet to the Southeast corner of Lot 1, Block 3, in Assessment Subdivision No. 60; thence North 00" 47'02" East along the East line of said Lot 179.94 feet to the Southeast corner of Certified Survey Map No. 82; thence North 00' 59' 24" East along the East line of said Certified Survey Map 329.85 feet to the Northeast corner of said Certified Survey Map; thence North 89' 52' 33" West along B-1 the North line of said Certified Survey Map 15.26 feet to the Southeast corner of Annette Acres; thence North 11' 50' 02" West along the East line of said Annette Acres 112.66 feet to a point; thence North 19' 06' 02" West along the East line of said Annette Acres 343.32 feet to the Northeast corner of said along the East line of said Annette Acres; thence South 65' 53' 18" West along the North line of said along the East line of said Annette Acres 195.00 feet to the Northwest corner of Annette Place; thence South 24" 06' 42" East along the West líne of said Annette Place 33.66 feet to the Northeast corner of Lot 1 , Block 1 , in Annette Acres; thence South 65' 53' 18" West along the North line of said Lot 134.68 feetto a point in the East line of Briandean; thence North 24" 05'03" West along said East line 195.08 feet to a point; thence North 65'54'30" East along said East line 134.68 feet to a point; thence North 24" 05'32" West along said East line 105.00 feet to a point; thence North 24" 21' 08" West along said East line 69.72 feet to a point in the North line of the South 112 of the South 112 of the Northeast 114 of said Section; thence North 89" 47' 36" East along said North line 942.48 feet to a point in the West line of the Chicago Northwestern/Union Pacific Railroad right of way; thence South 10" 24' 18" East along said West line 135.98 feet to a point; thence North 89" 46' 55" East along said West line 101.60 feet to a point; thence South 10" 24' 18" East along said West line 537.88 feet to the point of beginning. Said lands contain 959,429 square feet or 22.0255 acres Milwaukee County Department of Health and Human Services Housing Division By: James Mathy, Housing Services Administrator Date B-2 EXHIBIT C PROJECT SITE ì \ I tT \ ¡F¡¡ \ Y \ "\ ¿.\ .¿ \ .\ \ ..\ t \ =,f.\ u,\ \ .v \{ a\ \\ r-iF- -l ¡ I I I I *lk r t )a I II' I B-3 A. B. c. D. EXHIBIT D DEED RESTRICTIONS Developer, as used in the context of these deed restrictions shall mean the Developer, their heirs, personal representatives, successors and assigns. Electric, telephone, and cable television services shall be provided by the installation of underground service lines. A copy of the approved grading plans referred to in Exhibit A of the development agreement shall be on file at the office of the City Engineer. The installation of any type of improvement on the public street right-of-way (walks, drives, sprinkler systems, etc.) requires the issuance of a permit by the City and/or the State of Wisconsin, as may be applicable. The Developer shall provide certification from a registered land surveyor or professional engineer that the final grade along all lot lines, in the invert of all drainage swales, lot pads, and at other critical locations as determined by the City Engineer, complies with the approved grading plan. Such certification shall be on a plan copy with the elevations as existing so indicated. The grade tolerances for approval are as follows: +0.1 ' grade tolerance of the approved proposed grade with topsoil or sod in place. 0.0' to -0.3' grade tolerance of the approved proposed grade without topsoil in place. lf not in compliance, appropriate regrading shall be performed. Such certification shall be provided to the City Engineer prior to final plat approval. Property owner is responsible to conform to the master grading plan. A permanent lawn shall be established on each parcel within one year after the issuance of the occupancy permit. The permanent maintenance of all drainage swales shall be vested with the Developer until individual lots are deeded over to the new property owner. The property owner or the Developer (whomever is the current land owner) shall be responsible for damage to and replacement of all existing utilities and improvement facilities damaged by such property owner or Developer during the period of home construction and/or lot grading or improvements as may be caused by the property owner, Developer or their respective contractors while within the certified survey map limits or an adjacent parcel or within the abutting street right- of-way. B-4 E a b F. G. H. J A driveway approach in accord with the provisions of Chapter 6 of the Oak Creek Municipal Code, as amended, shall be installed to service each parcel within one year after the issuance of the occupancy permit. A permit from the City Engineer is required for this construction. All outlots, common areas, pedestrian pathways, storm water detention facilities and wetland areas that are not located within lots shall be owned and maintained by the Homeowner's Association, unless noted on the final plat as being dedicated to the public. K. The City does not enforce deed restrictions, except for those that are supported by City ordinance. B-5 EXHIBIT E PRELIMINARY PLAT --.!l I! l!' íti -- IE dili I r" ü {lil liii¡ ffi- ü I I¡l lI jh:,;i { Td+ I I l III I II + id '\' t, ti ¡ III f I I I Y { a fr¡a kHl^ F¡ È E2 äalJ I H H i i-l i{ I B-6 Item: Recommendation: Fiscal lmpact: OAKCREEK - wtscoNslN - Meeting Date: September 15,2026 Item No t3 COMMON COUNCIL REPORT Civic Center Masonry and Window Flashing Repair Project Change Order #1 CriticalSuccess Factor(s): That the Common Council considers a motion to approve Change Order No. 1 for the Civic Center Masonry and Window Flashing Repair Project with Building Restoration Corporation in the amount of $59,457, increasing the total contract amount from $74,109 to $133,566. (Project 23OlDQnd Aldermanic District) The cost for change order will be funded under the 2023 Capital lmprovement Programs under CIP #23017. n Active, Vibrant, and Engaged Community n Financial Stability and Resiliency n Thoughtful Growth and Prosperous Local Economy n Clean, Safe, and Welcoming ! lnspired, Aligned, and Proactive City Organization I Quality lnfrastructure, Amenities, and Services n Not Applicable Background: The Common Council previously awarded the Civic Center Masonry and Window Flashing Repair Project to Building Restoration Corporation in the original contract amount of $74,109. Following that award, the remaining available balance in the Capital lmprovement Program account for this project is approximately $255,426.60, which provides adequate funding capacity to support the proposed change order. During project coordination and field review, additional related work was identified at the north entrance landscape and entry wall area, including masonry wall repairs, stone replacement, coping stone removal and re-flashing, and removal, modification, and reinstallation of existing railings. A drop box height adjustment was also identified as necessary to coordinate with the exterior improvements. Building Restoration Corporation submitted Change Order No. 1 in the amount of $59,457, consisting of $55,997 for the north entry wall work and $3,460 for the drop box adjustment. Approval of the change order would increase the total contract amount to $133,56ó. Staff recommends approval so the additional work can be completed while the contractor is mobilized, providing a coordinated repair approach consistent with the overall intent of the Civic Center Masonry and Window Flashing Repair Project. Options/Alternatives: The Common Council could choose not to approve Change Order No. 1, which would defer the additional north entry wall repairs, railing modifications, flashing work, and drop box height adjustment for future consideration, likely requiring separate pricing, remobilization, and possible constructio n in 2027. Respectfully submitted: Andrew J. Vickers, MPA City Administrator Fiscal Review: Prepared/Approved: -4/¿/¿ Matthew J. Sullivan, PE Assistant City Administrator/Engineer tï4q'at W MaxwellGagin, MPA Deputy City Administrator/ Finance Officer Attachments: Change Order #1 BUILDING RESTORATION CORPORATION of Wl 5821 Femrite Drive, Suite MN, Madíson, Wl 53718 608-819-0137 HANGE RDER RE U EST SUBMITTED TO BUYER CITY OF OAK CREEK ATTN: MATT SULLIVAN 8O4O SOUTH 6TH ST OAK CREEK, WI 53154 CHANGE ORDEH #: JOB NAME: BRC JOB I PO #: CUSTOMER PO #: SUBMIfiED BY: co #1 PROJECT NO. 2301 7 262314 23017 BEN NELSON Description of this Change Order Request: Restoration of landscape & entry wall plan - North per sheet A'101 Dropbox heighl adjustment Building Restoration Corporation (BRC) proposes to furnish the itemized additionalwork, labor, and material as described below, in whole or in parl, if mutaully agreeable. All work on sheet A1 01 Dropbox adjustments (excludes exterior finishing) Odginal Contrâct: Previously Accepted Change Orders: $ Total Amount This Change Order: $ Updated Contract Total (if accepted): $ AUTHORIZATION TO PROCEED AND ADD THIS AMOUNT TO CURRENT CONTRACT AMOUNT. WORK REQUESTED IN THIS CHANGE ORDER WILL NOT COMMENCE UNTILAUTHORIZATION IS SIGNED LS LS 55,997 3,460 55,997 3,460 $ 74,109 0 59,457 133,566 1 2 Change Order Total: $ 59,457 # Description of Changes: TotalQTY Unit , Unit Price Buyer - Authorized Signature: Date Accepted: OAKCREEK Meeting Date: September 15,2026 - wlscoNslN - Item: Recommendation Fiscal lmpact: COMMON COUNCIL REPORT Item No. \4 Request to lnstall a Holding Tank at 3444 E. County Line Road CriticalSuccess Factor(s): That Common Council considers a motion to approve the installation of a holding tank at3444 E. County Line Road, in accordance with Municipal Code Section 15.69(jX1). (5th Aldermanic District) Approval of the holding tank request is not anticipated to have a direct fiscal impact on the City. n Active, Vibrant, and Engaged Community n Financial Stability and Resiliency fl Thoughtful Growth and Prosperous Local Economy fl Clean, Safe, and Welcoming fl lnspired, Aligned, and Proactive City Organization X Quality lnfrastructure, Amenities, and Services n Not Applicable Background: The property located at3444 E. County Line Road is currently served by an existing private onsite wastewater treatment system (POWTS) that has failed. As a result, the owner is required to pursue an approved method of wastewater disposal to maintain sanitary service to the property and address the failed system condition. Soil testing has been completed for the property and determined that site conditions are not suitable for the installation of a replacement POWTS or mound system. Due to these site limitations, the property owner is requesting approval to install a holding tank in accordance with Municipal Code Section 15.69(jX1), which provides for Common Council consideration of holding tank use under qualifying circumstances. Approval of the request would allow the property owner to proceed with the required permitting and installation of a holding tank as an alternative wastewater management solution for the property, subject to applicable City, County, and State requirements. Staff recommends approval based on the documented failure of the existing POWTS and the determination that a replacement POWTS or mound system cannot be installed on the property. Options/Alternatives: The Common Council could choose not to approve the request to install a holding tank at 3444 E. County Line Road; however, because the existing POWTS has failed and soil testing indicates that a replacement POWTS or mound system cannot be installed, the property would remain without an approved code-compliant wastewater disposal method until another acceptable solution is identified and approved. Respectfu I ly su bmitted: Andrew J. Vickers, MPA City Administrator Fiscal Review: W"4-'.rtL LV; MaxwellGagin, MPA Deputy City Administrator/ Finance Officer Matthew J. Sullivan, PE Assistant City Administrator/City Engineer Prepared/Approved: 1/4h @ OAKCREEK - wtscoNslx - Meeting Date: September 15,2026 Item No. 15COMMON COUNCIL REPORT Item: Recommendation: Fiscal lmpact: License Committee Report That the Common Council consider the various license and permit requests as listed on the 9115126 License Committee Report. License fees in the amount of $450.00 were collected. CriticalSuccess Factor(s): n Active, Vibrant and Engaged Community n Financial Stability and Resiliency ! Thoughtful Growth and Prosperous Local Economy n Clean, Safe & Welcoming ! lnspired, Aligned, and Proactive City Organization ! Quality lnfrastructure, Amenities, and Services X Not Applicable Tentative recommendations are as follows: Grant an Operator license to (favorable background reports received): * Antonio L. Koscinski (Meijer) * Victoria Daniele (BP) * Alexandra Medina-Serna (Kwik Trip) * Cooper T. Zerjav (Gastrau's Golf Center) 2. Grant a Change of Agent on the 2026-27 Class A Combination Alcohol License issued to Meijer Stores Ltd. Partnership dba Meijer Express #283,8031 South HowellAvenue to Mollie Bigelow, subject to final department approval. 3. Grant a Change of Agent on the 2026-27 Class A Combination Alcohol License issued to Meijer Stores Ltd. Partnership dba Meijer #283,171W.Town Square Way to Mollie Bigelow, subject to final department approval. Respectfully submitted Preparqd: U/)uø^b,WilL And J. Vickers, MPA City Administrator Fiscal Review: Christa J. Miller CMC/WCMC Deputy City Clerk tVllr"tttl T MaxwellGagin, MPA Deputy City Administrator / Finance Officer Attachments: none OAKCREEK Meeting Date: September 15,2026 -- wtscoNstN - COMMON COUNCIL REPORT Item No. tþ Item Vendor Summary Report Recommendation: That the Common Council approve the September 15, 2026Yendor Summary Report in the total of $7,104,401.55. Fiscal lmpact: Total claims paid of $7,104,401.55. Critical Success Factor(s):c ! Active, Vibrant and Engaged Community X Financial Stability and Resiliency I Thoughtful Growth and Prosperous Local Economy n Clean, Safe & Welcoming ! lnspired, Aligned, and Proactive City Organization ! Quality lnfrastructure, Amenities, and Services n Not Applicable Background: Of note are the following payments: PAPER CHECKS 1. $15,851.00 to ADK Design lnc. (pg #1) for panel installation in the front counter area. 2. $12,000.00 to Aretas Performance LLC (pg #1) for Fire Department fitness program. 3. $9,200.00 to AT&T (pg #1) for PD Next Gen 911. 4. $103,900.00 to C.W. Purpero (pg #2) for Stonegate Drainage Channel improvements. Project #25006. 5. $10,644.00 to HNTB-Great Lakes Division (pg #4) for inspections for Millwood Glen grading, paving & storm and2025 road improvements. Project #22OO3. 6. $14,267.10 to Lakeland Biologists LLC (pg #5) for 2026 pond management services. Project #25007. 7. $5,509.82 to McKesson Medical Sugical (pg #5) for immunization vaccine refrigerator. 8. $5,811.05 to Milwaukee County Treasurer (pg #ó) for August court fines. 9. $305,7ó4.12to North Central Ambulance (pg #6) for ambulance remount. Project #23010. 10. $33,0óO.64to Oak Creek Rawson lndustrial, LLC (pg #6) for payment per developer agreement. 11. $451,902.85 to Walden OC, LLC (pgs #9 & #10) for payment per developer agreement. 12. $16,192.08 to Wl Court Fines & Surcharges (pg #9) for August court fines. 13. $1,922,627.94 to Zignego Company lnc. (pg #9) for 2026 road improvements. Project #22OO3. ACH PAYMENTS 1. $7,321.65 to Baker Tilly Advisory Group, LP (pg #11) for 2025 single audit. 2. $13,395.00 to Best Technology Systems, lnc. (pg #12)for gun range cleaning. 3. $5,000.00 to Capturepoint LLC (pg #12) Community Pass. 4. $2,798,908.39 to Commerce94 Project DST (pg #12) for payment per developer agreement. 5. $5,000.00 to CredibleMind lnc (pg #13) for Google ads. 6. $1,179,903.37 to Highgate LLC (pg #14) for payment per developer agreement. 7. $95,615.51 to ICAP Development LLC (pg #15) for payment per developer agreement. 8. $5,737.99 to lngram Library Services (pgs #15 & #1ó) for books. 9. $10,222.90 to Kasdorf, Lewis & Sweitl¡k, SC (pg #16) for legal services. 10. $205,ó01.42 to Oak Creek HotelVentures LLC (pg #18) for payment per developer agreement. 11. $5,000.00 to Pitney Bowes Bank Reserve Account (pg #11) for postage refill. 12. $6,084.00 to Safe Life Defense (pg #20) for vest plates. 13. $113,497.52 to Stella & Chewy's LLC (pg #21) for payment per developer agreement. 14. $9,,648.00 to UKG Kronos Systems LLC (pg #17) for Police Department personnel scheduling software. EFT PAYMENTS 1. $54,620 .29 to Enterprise FM Trust çg #24) for DPW vehicle lease monthly payment. Project #19024. 2. $5,845.78 to Oak Creek Water & Sewer Utility çg #2q for water/sewer quarterly fees. 3. $83,351.51 to US Bank (pgs #24-#3Ð for equipment and vehicle maintenance, travel and training, supplies, building maintenance, dues and publications, license fees, data lines, Verizon phone services, legal notices, and office supplies. 4. $54,238.83 to WE Energies (pgs #32 &, #33) for street lighting, electricity & natural gas. Options/Alternatives: None Respectfu I ly submitted: Pre Andrew J. Vickers, MPA City Administrator Fiscal Review: Ro T. Vircks, CPA, CPFO Staff Accountant Vna+trtt¿ W MaxwellGagin, MPA Deputy City Administrator / Finance Officer Attachments: 09/09/2026 lnvoice GL Distribution Report