Common Council Regular Meeting Agenda (PDF)

COMMON COUNCIL MEETING AGENDA SEPTEMBER 1, 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: 8/18/26. 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. 4. Conditional Use Permit: Consider a request to review a Conditional Use Permit along with conditions and restrictions for an autobody/automotive mechanical repair with truck and trailer parking at Midwest Fleet Maintenance, a proposed business to be located at 6925 South 6th Street, Suite 100 (1st District). 5. Resolution: Consider Resolution No. 12721-090126, a Conditional Use Permit with conditions and restrictions for autobody/automotive mechanical repair with truck and trailer parking at Midwest Fleet Maintenance, a proposed business to be located at 6925 South 6th Street, Suite 100 (Tax Key No. 735-9045-000) (1st District). New Business 6. Presentation: 2026 Mid-Year Budget Monitoring Report. PUBLIC WORKS AND UTILITY 7. Motion: Consider a motion to reject the bid for the Abendshein Biergarten Prep Work construction project (Project No. 22008) (1st District). 8. Resolution: Consider Resolution No. 12724-090126, approving an Amended and Restated Water Main Easement Agreement by and between Creek Two Land LLC and the City of Oak Creek (Tax Key No. 926-9037-000) (5th District). 9. Resolution: Consider Resolution No. 12725-090126, approving a 25-Foot Sanitary Sewer Main Easement by and between Switchback Enterprises, LLC and the City of Oak Creek (Tax Key No. 958-9995-006) (5th District). September 1, 2026 Council Meeting 2 COMMUNITY DEVELOPMENT 10. Resolution: Consider Resolution No. 12726-090126, approving a Tree Preservation Easement Agreement by and between the City of Oak Creek and Switchback Enterprises, LLC for Edgemont Estates Subdivision located at 10670 South Nicholson Road (Tax Key No. 958-9995-006) (5th District). ENGINEERING 11. 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) (4th District). LICENSE COMMITTEE 12. Motion: Consider a motion to approve the various license requests as listed on the 9/1/26 License Committee Report (by Committee of the Whole). VENDOR SUMMARY 13. Motion: Consider a motion to approve the August 26, 2026, Vendor Summary Report in the amount of $832,584.80 (by Committee of the Whole). MISCELLANEOUS 14. 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) Wis. Stats. to deliberate and consider possible terms and provisions of a potential amendment to the finance development agreement between the City of Oak Creek and OC 27 LLC relating to potential commercial and residential development, for market competition and bargaining reasons, and the investing of public funds, that includes the property consisting of approximately 115 acres north of West Drexel Avenue and east of South 27th Street. (b) Section 19.85(1)(e) Wis. Stats. to consider a Cooperation Agreement with Exhibits between Beazer East, Inc. and the City of Oak Creek for the remediation and redevelopment of property located at 9100 South 5th Avenue. (c) Section 19.85(1)(e) Wis. Stats. to consider an agreement for the purchase and sale of real estate located at 9648 South Chicago Road. 15. Motion: Consider a motion to reconvene into open session. 16. Motion: Consider a motion to take action, if required. 17. Resolution: Consider Resolution No. 12722-090126, approving the Cooperation Agreement with Exhibits between Beazer East, Inc. and the City of Oak Creek (4th District). Adjournment. Upcoming Common Council Meetings: 9/15/26 and 10/6/26 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. + TO BE PUBLISHED AUGUST 12 & 19, 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 along with conditions and restrictions for an autobody/automotive mechanical repair with truck and trailer parking at Midwest Fleet Maintenance, a proposed business to be located at 6925 S. 6th St., Ste 100. Hearing Date: September 1 ,2026 Time:7:00 PM Place: Oak Creek Civic Center (City Hall) 8040 South 6th Street Oak Creek, Wl 53154 Common Council Chambers Applicant(s): Dave Parker, Midwest Fleet Maintenance LLC Property Owner(s): Crosswest Beech Oak Creek, LLC Property Location(s): 6925 S, 6th St. Tax Key: 735-9045-000 Legal Description: Lot 1 of Certified Survey Map No. 8100, recorded October 27,2008, Reel 6972, as Document No. 9664418 as corrected by Affidavit of Correction recorded February 5, 2009 as Document No. 9696533, Being a division of a part of Certified Survey Map No. 754; part of Outlot 1 of Certified Survey Map No. 4216; part of Parcel 4 of Certified Survey Map No. 1332 and lands all being in the Southeast 114 of the Southwest 1/4 and the Southwest 114 of the Southeastll4 of Section 5, Township 5 North, Range 22 Easl, in the City of Oak Creek, County of Milwaukee, State of Wisconsin. The Common Council has scheduled other public hearings for September 1, 2026 at 7:00 PM. This hearing may begin at 7:00 PM or as soon as possible following the conclusion of other public Ïj jg;"n(s) with questions l."g"roins ir'" proposed chanse may car the Department or Community Development at (414) 766-7000; during regular business hours. Date of Notice: August 5,2026 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 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. Item: Recommendation: Fiscal lmpact: OAKCREEK Meeting Date: September 1,2026 - wtscoNstN - COMMON COUNCIL REPORT Item No. 5 Conditional Use Permil - 6925 S. 6th St. Critical Success Factor(s): That the Common Council adopts Resolution No. 12721-090126, a Conditional Use Permit with conditions and restrictions for autobody/automotive mechanical repair with truck and trailer parking at Midwest Fleet Maintenance, a proposed business to be located at 6925 S. 6th St., Ste 100. (Tax Key No. 735-9045-000) The proposed business wishes to operate with an automotive/automotive mechanical repair and outdoor vehicle storage business. 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. ! Active, Vibrant, and Engaged Community n Financial Stability and Resiliency X Thoughtful Growth and Prosperous Local Economy f] Clean, Safe, and Welcoming ! lnspired, Aligned, and Proactive City Organization ! Quality lnfrastructure, Amenities, and Services n Not Applicable Background: The Applicant is seeking approval of a Conditional Use Permit for an autobody/automotive mechanical repair business, and outdoor storage at the property located at 6925 S. 6th Street, Suite 100. The property, along with all adjacent parcels, is zoned M-1 Manufacturing. Under this zoning designation, autobody/automotive mechanical repair, and outdoor storage are both permitted as Conditional Uses. The Applicant will occupy approximately '13,000 square feet (Suite 100) of a roughly 35,000 square-foot building. Approximately 6,800 square feet of maintenance shop space and 1,350 square feet of parts storage area will be utilized for fleet maintenance and repair operations. Services will include, but are not limited to, inspections, oil and fluid changes, brake and tire repair and replacement, and general fleet maintenance. Approximately 4,900 square feet will be used for office operations, while the remaining '1,350 square feet will serve as warehouse storage. Outdoor activities will be limited to vehicle parking, loading and unloading of parts and materials, temporary vehicle staging of customer's equipment, and related business operations. The outdoor storage area will accommodate employee vehicles, customer fleet vehicles, tractors and trailers, and service vehicles associated with the business operations. As indicated in the site plan, this will be confined to the eastern third of the rear parking lot, located north of the building. The storage area is not visible from any public roadways. The site is anticipated to generate approximately 30 to 50 truck trips per business day. The business will operate 24 hours a day Monday through Friday. lt will employ seven (7) office staff members and seven (7) shop personnel. That staff includes management, administrative staff, technicians, mechanics, and support personnel. The proposed site plan includes a total of 160 parking spaces for the building. Of these,46 spaces (15 in the front and 31 in the rear) are designated for Suite 100. According to the Municipal Code, a total of 39 parking spaces are required for the combined existing and proposed uses of suite 100. Council members may recall that portions of the outdoor storage area at the rear of the building are surfaced with crushed recycled asphalt rather than traditional pavement. This condition is linked to past environmental remediation efforts on the site. A previous use had resulted in soil contamination, prompting the Wisconsin Department of Natural Resources (WDNR) to require the removal of approximately 18,000 cubic yards of contaminated soil. While this removal addressed the majority of the issue, some contaminated soil was allowed to remain under specific conditions. To ensure long-term compliance, a deed restriction was recorded in September 2004. This restriction is binding on current and future property owners and stipulates that any excavation, grading, or placement of structures or improvements within the area covered by crushed recycled asphalt must be preceded by a soils management plan and may require the WDNR to reopen the case file. As a result, any approval of Conditional Use Permits for outdoor storage-such as that permitted under the contractor's yard use-must comply with the terms of the deed restriction. Crushed recycled asphalt may continue to be used in these areas, provided that any expansion or alteration of parking or storage areas aligns with the conditions outlined in the recorded deed restriction. After careful consideration at the July 28,2026 meeting, the Plan Commission recommended approval of the Amended 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 Amended Conditional Use Permit, or deny the request. Respectfully su bmitted: Andrew J. Vickers, MPA City Administrator Fiscal Review: '/flq-na|¿ C.û..- MaxwellGagin, MPA Deputy City Administrator / Finance Officer ,rfuM Nic D'Amato Planner Approved: K¡^¡¡n^' Kristi Laine Community Development Director ¿ dt[talu- Attachments: Draft Res. 12721-090126 and Conditions and Restrictions (6 pages) Location Map (1 page) Narrative & Site Plan (4 pages) RESOLUTTON NO. 12721-0901 26 BY: A RESOLUTION ADOPTING A CONDITIONAL USE PERMIT WITH CONDITIONS AND RESTRICTIONS FOR AUTOBODY/AUTOMOTIVE MECHANICAL REPAIR WITH TRUCK AND TRAILER PARKING AT MIDWEST FLEET MAINTENANCE, A PROPOSED BUSINESS TO BE LOCATED AT 6925 S. 6TH ST., STE 100. (TAX KEY NO. 735-9045-000) ( 1't Aldermanic District) WHEREAS, David Parker, Midwest Fleet Maintenance, 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 a autobodyiautomotive mechanical repair and truck and trailer parking; and, WHEREAS, after due notice, a public hearing was held by the Common Council on September 1, 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, David Parker, Midwest Fleet Maintenance, has offices at 6925 S. 6th St., Su¡te 100, Oak Creek, Wl 53154. 2. Midwest Fleet Maintenance is proposing to operate a 13,000 square foot business including autobody/automotive mechanical repair and truck and trailer parking on the property at6925 S. 6th St., Suite 100, Oak Creek, Milwaukee County, Wisconsin, more particularly described as follows: Lot 1 of Certified Survey Map No.8100, recorded October 27,2008, Reel 6972, as Document No. 9664418 as corrected by Affidavit of Correction recorded February 5, 2009 as Document No, 9696533, Being a division of a part of Certified Survey Map No. 754; part of Outlot 1 of Certified Survey Map No. 4216; part of Parcel 4 of Certified Survey Map No. 1332 and lands all being in the Southeast 114 of the Southwest 114 and the Southwest 1/4 of the Southeast 114 of Section S,Township 5 North, Range 22 Easl, in the City of Oak Creek, County of Milwaukee, State of Wisconsin. Tax Key No. 735-9045-000 Said land being located at 6925 S, 6th St 3. The Applicant is proposing to operate autobody/automotive mechanical repair and truck and trailer parking yard within the multitenant industrial property. 4. The aforesaid premise is zoned M-1 Manufacturing under the Zoning Ordinance of the City of Oak Creek, which permits autobody/automotive mechanical repair and truck and trailer parking as a Conditional Use, pursuant to Sec. 17 .0304 of the Municipal Code. Page 1 of6 5. All properties to the north, east, south and west are zoned M-1 Manufacturing 6. The proposed development should not adversely contribute to traffic volumes or traffic flow in the area. NOW, THEREFORE, BE lT RESOLVED by the Common Council of the Cíty of Oak Creek that the application of David Parker, Midwest Fleet Maintenance, for autobody/automotive mechanical repair and truck and trailer parking, to be located at 6925 S. 6th St., Suite 100, 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: 1. The grant of this Conditional Use Permit is subject to the Conditions and Restrictions recommended for approval by the Plan Commission on July 28,2026, and approved by the Common Council on September 1, 2026, attached hereto and incorporated herein by reference. No alteration or modification of the approved Conditions & 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 1't day of September 2026. Passed and adopted this 1't day of September 2026 President, Common Council Approved this 1't day of September 2026 Mayor ATTEST: VOTE: Ayes _ Noes _ City Clerk Page 2 of 6 Gity of Oak Greek - Gonditional Use Permit (CUP) Conditions and Restrictions Applicant: Midwest Fleet Maintenance LLC Recommended by Plan Commission: 07128126 Property Address: 6925 S 6th Street, Ste 100 Approved by Gommon Council: Tax Key Number(s): 735-9045-000 Cond itional Use(s): Autobody/automotive mechanical repair and outdoor storage 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. 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 Ðevelopment 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 attached Exhibit A for outdoor storage of vehicles 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. Outdoor storage shall be limited to a maximum of '14 semi- tractors, and 13 S3-foot semi trailers. No other materials or items shall be stored outdoors. C. Hours of operation shall be 24 hours a day, Monday through Friday. D. Any change to the occupancy of the site or building shall conform to all Building, Fire, and Municipal Code requirements, as amended. E. Solid waste collection and recycling shall be the responsibility of the owner F. Removal of snow from off-street parking areas, walks, public sidewalks, private roads and access drives shall be the responsibility of the landowner(s). Page 3 of 6 3. BULK AND DIMENSIONAL STANDARDS Bulk and dimensional standards shall complywith Chapter 17, Article lll of City Municipal Code, as amended. 4. PARKING AND ACCESS A. Parking for this development shall be provided in accordance with Sections 17.0501, 17.0502, & 17.0503 of the MunicipalCode, as amended. B. All new off-street parking areas shall be surfaced with an all-weather wearing surface of plant mix asphaltic concrete over crushed stone base or crushed recycled asphalt, subject to approval by the City Engineer. A proposal to use other materials shall be submitted to the Plan Commission and the Engineering Department for approval. Existing recycled asphalt parking - storage areas may remain, provided that any expansion or alteration of those parking areas must be consistent with any deed restrictions that may affect the property. 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 Municipal Code, 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. 8. TIME OF COMPLIANCE The operator of the Gonditional 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. 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 Page 4 of 6 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 11 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 i Authorized Representative Signature Date (please print name) Tenant / Authorized Representative Signature (if applicable) Date (please print name) Page 5 of 6 Exhibit A 69¡!¡SOt lH6tHínETuG(n grtrt x .ä ¡r¡$ ¡¡ il sp*?åqçg Page 6 of 6 Locqlion Mop 6925 S. 6th Sl. map a suruey Legend r= Zoning ø FloodFringe202 Offìcial Street Map r Floodwayz0z4 Parcels Ø 6925 S 6th St map @ OAKCREEK ^----..-i&. ^-..-l-----¡ 0 0.04 0.09 Miles # Description for Conditional Use Permit 6925 S.6th Street, Oak Creek, Wisconsin Company: Midwest Fleet Maintenance LLC Midwest Fleet Maintenance LLC is applying for a Conditional Use Permit for Autobody/automotive mechanical repair, and outdoor storage at 6925 S. 6th Street in Oak Creek, Wisconsin. The property will be utilized for commercial fleet maintenance operations, administrative offices, and associated business activities. Operations will primarily consist of maintenance, inspections, repairs, and servicing of commercial vehicles and equipment. Hours of Operation Monday through Friday: 24 Hours Additional hours may be required periodically to accommodate customer service needs, emergency repairs, and fleet maintenance schedules. Personnel The facility will employ approximately 7 office andT shop personnel, including management, administrative staff, technicians, mechanics, and support personnel. Offîce Use Approximately 4,900 square feet of office space will be utilized for administrative and clerical functions, customer service, scheduling, accounting, andmanagement activities. Office personnel will consist of: . (1) General Manager . (6) Administrative Staff Vehicle Parking and Storage The site will accommodate employee vehicles, customer fleet vehicles, tractors, trailers, and service vehicles associated with the business operations. Parking accommodations include: . 13 trailerparking spaces . 14 semi-tractor parking spaces . 15 automobile parking spaces Traffic generated by the facility is expected to consist primarily of employee vehicles, customer drop-off and pickup activity, vendor deliveries, and fleet vehicles entering and leaving for service. The site is anticipated to generate approximately 30 to 50 vehicle trips per business day. Maintenance Operations 7 Shop techs Approximately 6,800 square feet of maintenance shop space and 1,350 square feet of parts storage area will be utilized for fleet maintenance and repair operations. Maintenance activities may include: . Vehicle inspections . Preventive maintenance services . Oil and fluid changes . Brake repairs . Tire mounting and replacement . Suspension and steering repairs . Electrical diagnostics and repairs . General fleet maintenance and repair services . Storage of parts and maintenance supplies Outdoor Operations Outdoor activities will be limited to vehicle parking, loading and unloading of parts and materials, temporary vehicle staging of customer's equipment, and related business operations. Midwest Fleet Maintenance LLC respectfully requests approval of this Conditional Use Permit. Site Parking Plan (Entire Site & Midwest Fleet Gircled Red Area): (Document submitted in application emailas an attachment) ì I I _¡ !t ¡l t I I I F È h_ É iE6 5: 8" n 8toiUI ru$ d Uì Jt-t il I .t ï l'l¡Fl-¡ i I t, ! t,t Transport Refrigiration Required Parking: - PersonalVehicle: 39 - PassaengerVan:0 - Trailer: 29 Midwest Fleet Maintenance Required Parking - PersonalVehicle: 19 - Semi -Tractor:14- 53' Semi Trailer: 13 Total:46 spaces Total Building Parking: - PersonalVehicle: 92 - Van:0 - 53'SemiTrailer: 44 - Trailer:24 Required Parking: Auto Repair: 1 per 300 SF 6,800 SF:22 spaces Office General: 1 per 300 SF 4,900 SF: 16 spaces Warehouse Storage: 1 per 1,500 SF 1,350 SF: 1 spaces Total Required: 39 Office and Shop Floor Plan: (Document submitted in application email as an attachment): I;¡r" q.I I { ê. tlrlr,il I ffi i: -: n...i ET9r '-l i4l I 9 4_f "€ , tfi sfi¡{ I r liåär : + offiå*Iffi.'*,il \3Æ':Ë----- Ao'v!4L-tld'4,ffi--.' ?W'HEaIN! ffi ozof ô fdt Ar.l h I- tz_ ,ã 5¡|ù< ¡p $T OAKCREEK Meeting Date: September 1,2026 - wtscoNstN - Item Recommendation: N/A Item No. l@ COMMON COUNCIL REPORT 2026 Mid-Year Budget Monitoring Report Fiscal lmpact: Reviewing the report ensures that the Common Council and public is apprised of any fiscal concerns and continues to show the financial stability of the City of Oak Creek. ! Active, Vibrant, and Engaged Community X Financial Stability and Resiliency f] Thoughtful Growth and Prosperous Local Economy n Clean, Safe, and Welcoming I lnspired, Aligned, and Proactive City Organization n Quality lnfrastructure, Amenities, and Services n Not Applicable CriticalSuccess Factor(s): Background: ln accordance with the City's Strategic Action Plan, attached is a summary financial report for the General Fund and other Major Funds through the end of the second quarter of 2026. The presentation will focus on the revenues and expenditures through the second quarter compared to the budget in the General Fund, Solid Waste, Health lnsurance, EMS, Capital lmprovement, and Consolidated Dispatch Funds. The Personnel & Finance Committee reviewed the report and presentation at their August 26th meeting. Options/Alternatives: The Common Council could choose to receive and review reports monthly from the BS&A software or review this format of reporting quarterly. Respectfully Submitted: Andrew J. Vickers, MPA City Administrator Prepared and Fiscal Review: Wo4r.l,el W MaxwellGagin, MPA Deputy City Administrator / Finance Officer Attachments: - City of Oak Creek Financial Report through June 30, 2026 - PowerPoint Presentation OAK FINANCIAT REPORT THROUGH JUNE 30, 202ó 20252026 ACTUAT THRU ó/3O ryô OF BUDGET BUDGET ACTUAT THRU 6/30 96 OF BUDGET50uRcE BUDGET PROPERTY TAXES s 17,647,463 $ 1s729,O37 89.1% i 17,079A64 $ I5,219,853 89.tyo 2.t77.OOO 58t.349 26.70/"OTHER TAXES 2,O73,OOO 2,164,100 1O4.4Vo 16.80/o 4.290.026 1.3 r7.850 15.9o/oSTATE SHAREÞ REVENUES 8,510,708 1,429,406 2.O95 O,60/o 304.213 15.716 52%OTHER. INTERGOV"Í 330,r 8r tlCENSÊS/PER'YIITS 1.OO2.275 596.574 59.svo 996,175 677,130 68.O% CHARGES FOR SERVICES L0ó5.543 692.606 6s.o% 1.O29.439 726,156 70.íVo PUBIIC HEAITH & SAFETY 28,500 9,573 33.6% 3ó,500 6,288 17.2o/o COIVIMERCIAT REVENUES 1.173.401 524,955 44.7Vo 1,048,50t 528,196 50.4Vo INTEREST EARNINGS ó40,000 623,O74 97.4Vo 500,000 749,360 149.9o/o EXPENDIÍURE OFFSET 3,176,429 N/A 4,236,182 N/A 852,500 N/A 802,500 N/AÍRANSFERS Kffi ffTl:ffiqift &ffiåffi eilfK.[ffi ffi*'xi&ffi 2026 2025 BUDGEÎ Âcfuat ÎHRU ó/30 qllô OF BUDGETDEPARTMENT BUDGET ACfUAt THRU ó/3O % OF BUDGET GENERAT COV.T i 11.944.196 $ 4,192,905 35.1o/o $ 9,705,1 8ó 3,907,332$ 40.3Vo PUBTIC SAFETY I ó,851,81Z 7,506,750 44.5V. 16,440,472 7,068,766 43.Oo/o 48.20/" 697.439 317.543 45.5V"HEALIH 812,994 39 t ,939 2.s38.349 47.74/o 5.1 8 1 .ó41 2.455.349 47.4o/oPUBIIC WORKS 5,31 8,298 1.572.695 807.702 5l .4o/o 1.475.262 748,451 50.7%rErsuR.E sÊRvlcEs TRANSFERS OUT N/A 3,000,000 o.o% 2026 2f)25 DEPARTMENT BUDGET ACÍUAI THRU ó/3O 9o OF BUDGET BUDGET ACTUAT THRU ó/3O % OF BUDGET s 2.281.495 1.312.719s 57.5o/" s 2.244.123 1.226.353$ 51.60/0GENERAT GOVERNIVIENT CITY ADMINISTRATOR,S OFFICE 343.760 r 32,305 39.9o/o 332,715 't58,ó5ô 47.7% CITY ATTORNEY's OFFICE 307,554 11 5,947 37]% 297,813 137,714 46,20/o CITY CTERK 267,371 I 30,351 48,80/o 258,658 125,897 48,74/o MARKETING AND PUBTIC RETATIONS 958,455 472,420 49,30/o 840,3 rI 379,261 45,10/o 40..70/"FINANCE 541,347 216,143 39.90k 515,629 210,032 44.5o/¡ 159.878 75.149 47.Oo/oADIVIIN. SERVICES - TREASUREN 177,515 78,914 r 08.93',ì 46.4o/o 233.228 92.836 39.8o/oADtVilN. SERVtCES - ASSESSOR 234,728 5A9.404 261 .O29 44,30/o 562,823 232,648 41,30hAD'VIIN. SERVICES - ADMIN. SUPPORT HUIIIAN RESOURCES 273.470 r r 7,085 42,8o/o 264,171 94,711 35.9o/o INFORIIIATION TECHNOI.OGY 1.411.755 617,147 43.7% 1,375,280 ó3 r,307 45,90/o POUCE 12,570,302 5,502,s43 43.8Vo 12,138,542 5,166,526 42,60/o MUNICIPAT COURT 228,452 t 0l,r 55 44.3o/o 220,546 96,823 43.94/o EÍIIERGENCY OPERATIONS 18,976 ó39 3.4o/o 18,975 1,423 7.sYo 2.682.1Os 1.20,4.434 44.9o/oFIRE 2,707,210 |,326,143 49.O% 48.2o/o 697.439 317.543 45.5o/oHEAI.IH 812,994 39r,939 8ó8.589 384.O34 44,20/o 843,123 324,859 38.5o/oBUITDING AND FACTIIITIES IIIAINT COMIYIUNITY DEVETOPMENT 534.924 240,881 45.Oo/o 541,245 217,908 40.3Vo ENGINEERING 735,142 292,942 39.8o/o 803,409 319,290 39.7% ENGINEERING - INSPECÍION DIV 591 ,735 283,329 47.9o/o s76,89s 280,270 48,60/o DPW - STREETS DIV. 3,684,605 r,z8ó,003 48.5o/o 3,535,33 r 1,710,771 48.4% 6A2.5A3DPW. PARKS DIV. 643,549 297,062 46.2o/o 291.685 45.4Vo 132.259 45.60/o 282.283 129.228 45.8V.DPW. FORESTRY DIV. 289,976 700.r ó8 323.O24 46,10/o 721,444 323,66s 44,90/oDPW - STREET TIGHTS DIV RCCREAÎION I 39.8ó3 r 39,8ó3 lOO.OPlo 1s7,797 1 40,1 33 88,8o/o IIBRARY 1.432.832 667,839 46.6% 1,317,465 608,317 46.2Vo INTERFUND N/A 3,000,000 O.Oa/o 3.1 53,829 O.Oo/o 1,236,182 o.ovoCONTINGENCY 1r; :;." ' )i,i'i¡, I ..:::' :.:lt'.i.:,: |.,' r' ..49i3_tlör :.: ld..,$sylrft',... OAK;;i FINANCIAT REPORT THROUGH JUNE 30, 202ó 20252026 ACTUAI THRU ó/3O o/o OF BUDGET BUDCET ACfUAt THRU ó/3O % OF BUDGETFUND BUDGEÏ $ 3ó.500.000 $ 19.821.898 54.3o/oGENERAI. FUND (IOI $ 3ó,500,000 s 21 ,771,419 59.60/o 86.9o/o 1.733.732 L5l 9.ó55 87.7o/osouD wAgTE 0l) 1,770ß26 1,538,058 8.917.968 4.t I5.5ó9 46.1o/o 8.237.850 4.171.101 50.60/oHEATTH (3ó) 7.609.049 5.10ó.315 67.1o/o 7.184.052 4.754.526 66.1o/oErtls (37) 13.129.502 5.552.451 42.34/o 9.435.777 4,220,489 44,74/ocrP FUND (40) 2.362.838 72J%DISPATCH (55) 3,344,352 2,647,193 79.2V. 3,251,717 2026 2025 FUND BUDGEÎ ACIUAI THRU ó/3O % OF BUDGET BUDGET ACTUAI. THRU ó/3O 9o OF BUDGET s 1s.437.644 42.3o/o $ 3ó.500.000 s 14.497.441 39.7o/oGENERAI. FUND (IO) $ 3ô,500,000 1j70.026 732.O75 41.4o/o 't.733.732 715,669 4l,3VosouD wAslE 0 r) HEAtlH I3óI 9.404.500 4.434.325 47.20h 8,237,850 4,112,282 49.9o/o EMS t37t 8.194.O49 3.585.013 43.8o/o 7,778,Os2 3,276,331 42.1o/o 58.50/"CIP FUND (4OI 9.830.210 1,712,295 17.40 7,822A72 4,575,O20 1.595.273 47.7o/o 3,251,717 1,480,671 45.5o/oDrsPAlClr (s5) 3,344,352 F;$,t;ïä:!kÞJiiÆKffi Wffi f efï*"$ffi ffi Flf fi llffi ffi ffiI.siltåT: jjff K.WJffi fd;¡f"ff W,fi jHffi 2026 2025 UTITITY TYPE BUDGET ACÍUAI THRU ó/3O Yo OF BUDGET BUDGET ACÍUÆ THNU ó/3O % OF BUDGET EtECtRIC $ 955.530 443,183$ 46.4o/o 975,900 429,806 44.O% 58.7o/oNATURAT GAs 129,177 85,678 66.3Va 129,177 75,844 26,848 12,145 45.2Yo 26,848 9,777 36.AVaWATER / SEWER 20252026 BUDGET ACTUAT THRU ó/3O o/o OF BUDGET BUDGET ACfUAt THRU ó/3O OF BUDCEÎUTIIIÎY ÏYPE 431 ,700 191,317 44.3Vo 431,200 't4ó,801 34.Oo/.FUE¡. OAKCREEK - wtScoNstN - M¡d-Vear Budget Mon¡tori ng Report Maxwell Gagin Deputy City Administrator / Finance Officer September 1 ,2026 lntroduction . The following charts and graphs depict the City's mid-year financial performance compared to the 2026 and 2025 budgets . The presentation will focus on revenues and expenditures for the following Major Funds: o General Fund, Solid Waste Fund, Health lnsurance Fund, EMS Fund, Capital lmprovement Fund and Consolidated Dispatch Fund @ OAKCREEK General Fund Revenues & Expenditures - Through Q2 roo.o% TS.Ooto so.o% 25.o% o.o% 59.ó% 54.3% 42.3oyo s9.7% REVENUES EXPENDITURES tVo ol2O2ó Eudget t% oÍ 2Oil5 Eudget â\g OAKCREEK General Fund Significant Revenues - Through Q2 r25.O% lq).Oo/6 $g.l%o 75.OoÁ 5O.O9o o.oo/o lO4.4Vo ó5 ó3.3 25.OVo 59. o'% tVo oÍ 2O25 Bndgel tVo o1 2O24 Eudget 33.6Vo I 16.8o/o J *€ {J r{ -""-- â\t!z OAKCREEK - wlscoNst! - General Fund Expenditures by Function - Through Q2 lü).Oolo 75.OVo 5O.O7o 25.Oo/o o.oolo 35.1 Yo GNERAL G'oV.T 48.2Vo 47.7o/o44.íVo PUBLIC SAFFTY HEATTH PUBTIC WORKS tVo oÍ 2O2ó Budger to/o oÍ 2O25 Budget 5l.4Vo LEISURE SERVICES â\gz OAKCREEK * wlscoNs,ñ * General Fund Expenditures by Dept. - Thru 2026 Q2 o/o OF 2025 BUDGET 35.2o/o 47.7o/o 46.2% 48.7% 45.1o/o 40.7% 47.Oyo 39.8% 41.3yo 35.9o/o 45.9o/o 42.6o/0 43.9o/o 7.5% o/o OF BUDGET 24.2o/o 39.9o/o 37.7% 48.8%o 49.3yo 39.9o/o 44.syo 46.4o/o 44.3o/o 42.ÙVo 43.7yo 43.8o/o 44.3o/o 3.4% 2026 YTD $ 1,312.719 137,305 115,947 t 30,35t 472,420 216,143 78,914 108,931 261,O29 117,O85 617.147 5,502,543 r 0r.r 55 ó39 2026 BUDGET $ s,43s,324 343,760 307,554 267.371 958.455 541.347 177.515 234.728 589,404 273,470 1,411,755 12,570,302 228,452 18,976 DEPARTMENT GENERAt GOVERNTYTENT CITY ADMINISTR.ATOR'S OFFICE CITY ATTORNEY's OFFICE CITY CLER.K MAR.KETING AND PUBTIC RETATIONS F¡NANCE ADMIN. SERVICES . TREASUR,ER ADMIN. SERVICES . ASSESSOR ADMIN. SER.VICES - AD'YIIN. SUPPORT HUTNAN RESOUR,CES INFOR,MATION TECHNOTOGY POLICE MUNICIPAT COURT EMER.GENCY OPERATIONS â\ttz OAKCREEK - wj5coNSlN + General Fund Expenditures by Dept. - Thru 2026 Q2 39.7% 48.4o/o 45.4Vo 45.Ùyo 44.gyo 88,8010 46.2Vo o/o OF 2025 BUDGET 44.9o/o 45.íYo 38.s% 40.3% 48.60/o 190.@6 o/o OF BUDGET 49.O% 48.2o/o 44.2o/o 45.Oo/o 39.8o/o 47.gYo 48.syo 46.2yo 45.60/0 46.1o/o 46.60/0 t 3g,gó3 2026 YTD 1,326,143 39,|,939 384,O34 240,991 292,942 283.329 1,786,003 297,062 132,259 323,O24 667,839 591,735 3.ó84.ó05 643.549 289,976 700,168 l3g,gó3 1,432,832 2026 BUDGET 2,707,210 812,994 8ó8,589 534,924 735,142ENGINEER.ING ENGINEER,ING . INSPECTION DIV. DPW. STREETS D¡V. DPW. PAR,KS DIV. DPW. FOR,ESTRY DIV. DPW. STR,EET LIGHTS DIV. R,ECREATION tIBR.ARY DEPARTMENT FIRE HEATTH BUIIDING AND FACTITITIES MAINT. COMMUNITY DEVELOPÍNENT @ OAKCREEK - wllcoNSrN - Mrior Funds Revenues - Through Q2 tq).ooÁ 7í.OVo 5o.o0/6 25.OVo o.oo/o 59.6Vo GENERAL FUND (rO) 86.9% SOLID wAsrE (l I ) 67.lVo 4ó.1 HEALTH (3ó) EMS (37) CIP FUND (40) 79.2Vo DISPATCH (5s) .Vo oÍ 2O2ó &dget tolo oÍ 2025 Budget â\t!z OAKCREEK * wlscoßs¡d - Maior Funds Expenditures - Through Q2 l(þ.Oolo 75.Oolo 5O.O7o 42.3o/o 41.4o/o 25.Oo/o O.O9o 43.ïVo HEALTH (3ó) EMS (32) CIP FUND (40) 47.7Vo DISPATCH (55) GNERAL SOLID FUND (rO) wASrE (l I ) ro/o ol2O2ó Budget to/o o12O25 Budget @ OAKCREEK Ut¡l¡t¡es & Fuel r Through Q2 too.o% 7s.oq6 50.o% 25.O% o.o% EIECTRK wAtER / SEVVTR NAruRAL GAS FUEt tií ol2O2ó Eudgel talo oÎ 2O25 hrdget @ OAKCREEK oð g OAKCREEK - wtscoNstN - Meeting Date: September 1,2026 Item No. \COMMON COUNCIL REPORT Item: Abendschein Park Biergarten Prep Work Bid Recommendation: That the common council considers a motion to reject the bid for the Abendschein Biergarten Prep Work construction project. (Project No. 22008) (1't Aldermanic District) Fiscal lmpacü The project budget for the Abendschein Biergarten is $1,500,000. CriticalSuccess Factor(s): X Active, Vibrant, and Engaged Community n Financial Stability and Resiliency I Thoughtful Growth and Prosperous Local Economy ! Clean, Safe, and Welcoming ! lnspired, Aligned, and Proactive City Organization I Quality lnfrastructure, Amenities, and Services n Not Applicable Background: Through Strategic Action Plan implementation, the City identified the goal of developing a seasonal biergarten in Abendschein Park. The final biergarten plans were completed in July 2026, and two separate construction projects were advertised in August 2026. The biergarten Prep Work project consists of the site prep work, including footings, foundation, flat work, and underground utilities. The biergarten Construction Project consists of construction of factory-built shipping containers, delivery, installation, and utility connection. One bid was received on August14,2)26,for the biergarten Prep Work project. Zignego was the sole bidder with a bid of $1,000,000. Given that the project budget for the Abendschein Biergarten is $1,500,000 and the responsive bid is 300% higher than the engineer's estimate, staff recommend rejecting the bid and rebidding the biergarten Prep Work project. Options/Alternatives: The Common Council could accept the bid and amend the project budget. Respectful ly submitted: Prepared and Approved by: ûr,+14,ryL Andrew J. Vickers, MPA City Administrator Fiscal Review: Ashley Kiepczynski, PE Utility Engineer 14n,'tl- eY MaxwellGagin, MPA Deputy City Administrator / Finance Officer Attachments: None OAKCREEK Meeting Date: September L,2026 - w¡scoNstN - CriticalSuccess Factor(s): Item No. ICOMMON COUNCIL REPORT Item Amended and Restated Water Main Easement Agreement Recommendation: The Common Council adopts Resolution No. L2724-090126, a resolution approving an Amended and Restated Water Main Easement Agreement by and between Creek Two Land LLC and the City of Oak Creek. (Tax Key No. 926-9037-000) (5th Aldermanic District) There is no cost to the City for the developer to relocate the water main and facilities.Fiscal lmpact: n Act¡ve, Vibrant, and Engaged Community n Financial Stability and Resiliency n ThoughtfulGrowth and Prosperous Local Economy E Clean, Safe, and Welcoming ! lnspired, Aligned, and Proactive City Organization X Quality lnfrastructure, Amenities, and Services E tlot Applicable Background: A public water main was installed in 2001 at 9955 S. 13 Street. This water main will be abandoned and realigned to facilitate the Creek Two development. The relocated easement will continue to run east to west, from S. 13th Street to S. Stern Street. The easement provides for the City's maintenance of the water main. Options/Alternatives: The Common Council could decline to approve the Amended and Restated Easement Agreement. The requested approval, however, is a necessary step to properly represent rights and responsibilities for the water main. Res pectfu lly su bm itted : Andrew J. Vickers, MPA City Administrator Prepared: U4K,4'"1'rl¿ Ashley N. Kiepczynski, PE Utility Engineer Fiscal Review: ftndtlraMlilfll- Kristina Strmsek Finance & Accounting Manager Approved: 8";¿*/b Brian L. Johnston, PE Director of Utilities Attachments: ResolutionNo. t2724-090t26, Amended and Restated Water Main Easement Agreement by and between Creek Two Land LLC and the City of Oak Creek RESOLUTTON NO. 12724-090126 RESOLUTION APPROVING THE AMENDED AND RESTATED WATER MAIN EASEMENT AGREEMENT BETWEEN CREEK TWO LAND LLC AND THE CITY OF OAK CREEK (SrH Aldermanic District) BE lT RESOLVED that the Amended and Restated Water Main Easement by and between Creek Two Land LLC and the City of Oak Creek (the "Agreement") be and the same is hereby approved. BE lT FURTHER RESOLVED that the Mayor and City Clerk are authorized to execute the Agreement. BE lT FURTHER RESOLVED that modifications or technical corrections to the Agreement 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 1st day of September,2026. Passed and adopted this I't day of Seotember 2026. Common Council President Kenneth Gehl Approvedthis 1't dayof September ,2026. Mayor Daniel J. Bukiewicz ATTEST: Catherine A. Roeske, City Clerk VOTE: Ayes_Noes_ t?,?a+-oqol AMENDED AND RESTATED WATER MAIN EASEMENT Document No. Document T¡tle THIS AMENDED AND RESTATED WATER MAIN EASEMENT AGREEMENT ("Agreement") is made this day of September, 2026 (the "Effective Date"), byCREEKTWO tAND LLC, a Delaware limited liability company, (including heirs, executors, administrators, successors and assigns of above owner as may be or may become applicable), hereinafter called "Grantor," and accepted by the CITY OF OAK CREEK, a Wisconsin mu nicipal corporation (the "City"). RECITALS WHEREAS, Grantor is the owner of certain real property legally described on Exhibit A attached hereto (the "Property"); WHEREAS, pursuant to a series of recorded assignments, including that certain Assignment of Rights recorded October 29, 2020, as Document No. 1L038122, Grantor succeeded to the rights ofthe declarant under that certain Declaration of Covenants, Restrictions and Easements recorded on October L2,2000, as Document No.7975509 (the "Declaration"), and that certain Second Amendment to Declaration of Covenants, Restrictions and Easements for Creekside Corporate Park recorded July 9, 2003, as Document No. 856897L, and corrected by that certain Affidavit of Correction recorded on August LL, 2003, as Document No. 8592998 (the Second Amendment, and together with the Affidavit, the "Second Amendment"); Area 9269037000 Parcel ldentificat¡on Numbe(s) (PlN) WHEREAS, pursuant to Article 23 of the Declaration and Recital E of the Second Amendment, so long as the declarant owns any land within Creekside Corporate Park, the declarant has the right to amend the Second Amendment, and Grantor, as successor to the declarant's rights, is authorized to exercise those amendment rights; WHEREAS, a portion of the Property, depicted on Exhibit B, is currently burdened by a utility easement created pursuant to Section 2.L of the Second Amendment (the "Original Easement Agreement"), which created, for the benefit of the Property, owners and occupants of Creekside Corporate Park, that certain water main easement utilized by the City for the installation, operation and maintenance of its public water main (the "Original Water Main Easement") and other public utility facilities (the "City Utilities Easement," and together with the Original Water Main Easement, the "Original Easement"); and WHEREAS, Grantor now desires to amend and restate the Original Easement Agreement for purposes of (i) relocating the location of the Original Water Main Easement to the location shown on Exhibit C and, in connection therewith, granting to the City a new permanent, non-exclusive water main easement over, under and across certain portions of the Property with the right to build and construct and/or operate, maintain, repair, reconstruct and inspect (as may be or may become applicable) a water main and related facilities and appurtenances thereto, within the easement area shown on Exhibit C; and (ii) terminating the City Utilities Easement and any other existing util¡ty easements granted pursuant to the Original Easement Agreement, as further set forth below. Drafted by and Return To: Charlotte A.L. Siegel, Esq. Reinhart Boerner Van Deuren s.c. 1000 North Water Street Suite 1700 Milwau wrs3202 61906374v5 Page L of L0 NOW, THEREFORE, in consideration of the mutual covenants contained herein, including the relocation of the Original Water Main Easement, the grant of a permanent, non-exclusive New Water Main Easement (defined below), the termination of the City Utilities Easement and any other utility easements created pursuant to the Original Easement Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor, as owner of the Property, and the City agree as follows: L. Relocation of Easement Area; Termination of Original Easement. The parties acknowledge and agree that, pursuant to the Original Easement Agreement, the Original Easement is currently located on the Property within the easement area shown on Exhibit B attached hereto (the "Original Easement Area"), which includes the Original Water Main Easement. Grantor shall, at Granto/s sole cost and expense, relocate the water main and facilities and appurtenances used in connection with the Original Water Main Easement to that portion of the Property depicted on Exhibit C attached hereto (the "Relocated Easement Area"). Upon relocation of such easement as described herein, Grantor shall, at Grantor's sole cost and expense, remove all other remaining utilities owned and operated by the City within the Original Easement Area. For the avoidance of doubt, upon such relocation, the Original Water Main Easement, City Utilities Easement and any other utility easements within the Original Easement Area shallterminate, and thereafter, the City's rights with respect to the relocated water main shall be governed exclusively by the New Water Main Easement (defined below) granted under this Agreement. The commencement of such relocation shall be determined by Grantor, in Grantor's sole discretion, and may be performed by Grantor or any successor owner of the Property. Until such relocation is completed, the existing water main shall remain in the Original Easement Area, and the Original Easement shall remain in full force and effect. 2. Grant of Easement. Grantor hereby grants and conveys to the City a permanent, non-exclusive water main easement (the "New Water Main Easement") in favor of the City for the purpose of maintaining, inspecting, operating, repairing, replacing and reconstructing the relocated water main and related facilities (collectively, the "Facilities") installed by Grantor within the Relocated Easement Area, including the right to cut, trim or remove trees, bushes and roots as may be reasonably required to preserve the Relocated Easement Area. 3. Access Rights. The City, and its employees, agents, and contractors, shall have reasonable ingress, egress and access to, from and within the Relocated Easement Area at all times for the purposes set forth herein, including reasonable access to adjacent portions of the Property as may be reasonably necessary to exercise the New Water Main Easement rights granted herein; provided, however, that except in the event of an emergency, the City shall provide Grantor with advance written notice, when feasible, of such access, which notice shall include a description of the anticipated access and the work to be performed. 4, Surface Use. Grantor shall not construct, install or permit any building or structure within the Relocated Easement Area that materially interferes with the City's rights granted herein. Notwithstanding the foregoing and subject to Section 5 below, Grantor shall be permitted to install paving, light fixtures, landscaping, parking areas and other surface improvements in or upon the Relocated Easement Area. 5. Maintenance of Facilities and Easement Area. Once installed, the Facilities located within the Relocated Easement Area shall be maintained, repaired and kept in good order and condition by the City, at its sole cost and expense. The surface of the Relocated Easement Area, including ground cover, landscaping and other permitted surface improvements, shall be maintained in good order and condition by Grantor, its heirs, executors, administrators, successors and assigns. 6. Restoration. During any construction, reconstruction or repair work relating to the Facilities by the City, or its employees, officers, customers, agents, contractors and assigns, any portion of the sudace or Page 2 of 10 61906374v5 subsurface of the Property or any improvements thereon that are disturbed shall, at the City's sole expense, be restored to substantially the same condition that existed immediately prior to such disturbance, regardless of whether the Property is vacant or improved. 7. Liability, lndemnification, and Insurance. ln connection with the construction by Grantor of any structure or building on the Property, Grantor shall be fully responsible for any damage to the Facilities caused by such construction. Grantor shall indemnify, defend and hold harmless the City, its employees, agents, contractors, and assigns from all claims, damages or liabilities for personal injury or property damage arising from the acts, omissions or negligence of Grantor or any contractors, subcontractors, employees or other third parties engaged by Grantor. The City shall indemnify, defend and hold harmless Grantor and its employees, officers, directors and agents from all claims, damages or liabilities for personal injury or property damage arising from the acts, omissions or negligence of the City. 8. Costs and Charges. Except for customary charges for water service and usage, no separate charges shall be imposed on the Property for maintenance or operation of the Facilities located within the Relocated Easement Area. 9. Reasonable Use of Easement Area. The City and Grantor shall each use the Relocated Easement Area, and shall take reasonable measures to ensure their employees, officers, customers, agents, contractors and assigns do the same, in a manner that does not obstruct or unreasonably interfere with the other party'suse. NothinginthisAgreementshall beconstruedtodepriveGrantoroftheuseandenjoyment of the Property, provided such use does not unreasonably interfere with the City's easement rights or the Facilities. L0. Amendments. This Agreement may not be modified or amended except by a written instrument executed and delivered by the City and Grantor, or their respective successors and assigns, and duly recorded in the Milwaukee County Register of Deeds Office. 11. No Waiver. No waiver, acquiescence or consent to any breach of any term, covenant or condition shall constitute a waiver, acquiescence or consent to any other or future breach of the same or any other term, covenant or condition. L2. Severability. lf any provision of this Agreement is held to be invalid or unenforceable under applicable law, the remaining provisions shall remain in full force and effect and enforceable to the fullest extent permitted by law. L3. Governing Law. This Agreement shall be construed and enforced in accordance with the internal laws of the State of Wisconsin. 14. Binding Effect; Run with the Land. The New Water Main Easement shall run with the land, shall be binding upon Grantor and its heirs, successors and assigns, and shall inure to the benefit of the City and its successors and assigns; provided, however, that the City shall not be permitted to assign any of its rights, privileges, duties or obligations set forth herein without the prior wr¡tten consent of Grantor such consent shall not be unreasonably withheld, conditioned or delayed. [Signature Pages to Follow] 61906374v5 Page 3 of 10 lN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date FOR GRANTOR: CREEK TWO LAND LLC Date: August27,2026 MichaelFaber, Manager STATE OF WISCONSIN COUNW OF Personally appeared before me this _ day of August, 2O26the above-named Michael Faber, to me known to be the person who executed the foregoing agreement. Notary Public, State of Wisconsin My Commission is permanent or expires ss. 61906374v5 [Signature Page to Amended and Restated Water Main Easement] FOR CIW: ctrY oF oAK CREEK, WISCONSIN Date Signature Printed Name Title Signature Printed Name Title STATE OF WISCONS¡N COUNTY OF MILWAUKEE Personally appeared before me this day foregoing agreement as officers of said City, by its authority. of September, 2026 the above-named to me known to be the persons who executed the ss. Notary Public, State of Wisconsin My Commission is permanent or expires 61906374v5 [Signature Page to Amended and Restated Water Main Easement] EXHIBIT A tEGAt DESCRIPTION OF THE PROPERTY Lot 1of Certified Survey Map No.9366, recorded in the office of the Registerof Deeds for Milwaukee County, Wisconsin, on November t9,2O2L as Document No. 11189040, located in the North east t/4 of the Southeast L/a of Section 30, Township 5 North, Range 22East, City of Oak Creek, Milwaukee County, Wisconsin. 61906374v5 Exhibit A-1to Amended and Restated Water Main Easement LINE TABLE LINE NO. BEARING DISTAT{CE Ll s00.3df9¡w 21_62 L2 s7g.2t'1rw rg3a' L3 str.3841'E s0{I L4 s79.21'1C'Vìt 20.tþ, L6 NÍ'3aïlïy 5^00' 25,:þ,t6 s7821''tyW LOLI c.sJ!.-!pJ2q! 168.96' N00"31'46'W L L8 I s89"28'14'w N45'24'07'W 74.76' '07'w 17 s00"3146"E 126,37' N8S'35'53"8 N00'24CI7'.W 1 N75"54',09"8 63.1 315.29' 260.36' 3.59' la1lg_si!.BQ-s281 1', lf Þl rio,1l Ir Él ir 3l 8r L '0rE s89"35'53nv 20.00' -lQrl-_cs¡r,N0J36ô_ TAX KEY # 9269037000 N89'36',19'E 24 N78"21'19"E 63.64 178.26' 149.45' L6 SË CORNËR LOT T c.s.M. No. P_O.C. (r,¡ s00'14'39"E 30.00' 51 L È F t' E o d R GRAPHICAL SCALE IFEETì - O 1"=1OO' 2OO' NO LINE TABLE LINE NO, BEARING DISTANCE L7 N00ïil{01,Y 41.U', L8 N0r2rf¡¡!E 2tl.(xv LO smSt'40f8 21.É' CURVE TABLELr0 Ngrzs14.E 25.tÐ', Lrt s,t5.54't6fE 41"€5' CURVE NO, LENGI}I RADIUS CHORD BEARING CHO,RD LENGTH L12 s{lo.2a1'rË 23-75' ct tt.59' 52.0(} s3.f]5,12"8 ¡10.¡18' EXHIBIT B DEPICTION AND LEGAL DESCRIPTION OF ORIGINAL EASEMENT AREA J EXHIBIT sHEEr I oF 2 07/e,6¡2o¡26.ri. PINNACLE ENGINEERINGGROUP PLAN IDESIGN IDELIVER ?oTzrwArERroh,N ßoAg lsurrE Ìæ lsßooKtsFtD. ff 5il8ó Ír¡ww'PlNNAct E-rNGRcoM PEG JOBIÊ546.11 61906374v5 Exhibit B-L to Amended and Restated Water Main Easement ulility Easement ærDocunrent No.8568971, anended byAffiadt of Conadion wiüt Docunent l,lo. 85929f18, beirg a partof Lcû I of C.¿rlifted Survey Map l,lo. 936i5, reærded h ûre office of the Rqjsbrcf Deeds fur lvflwarl¡ee Oounty, ìlVscondn, on Novernber 19, ãl2l as Doo¡menl l,lo. 1l18fX)40, bceted inthe Northeast l/4 of üË Souhê€d fr,t of Seclion 30, To¡nship 5 Nonh, Range 22 Eæl Cily of Oak C¡eelq Mih,aúeeC,ounty. l/V¡sconsin, desc¡ibed as folo¡vs: Comnencing at th€ sqÁheast øner of Lot I of Certified Sunrey Map No. 9366; üpnce i,lodh 00'l43S West alor€ t!€ eæt line of said Ld I , 2@.30 ftel to üte Fc¡irt Of Beg¡nnir€; Ttrenoe So¡¡t¡ $'36''19"Wast 21.52fueb útence Soutt 78?l'l9West 18.3¡tfest therice Su.tlh 1t'3S41'E¡st,5.00 hel; thence Souür 78"21'19'll\l€st. æ.00 ftet treme l{o¡tr t1'3841" W€st, 5.00 ftet thence South 78'21'19 West, 25.$ þel; Û¡ence Sa¡th 89'35'53'West, 149.¡t5 fee{; ürence Soulh 75'54'0yWst 142.17 fr€t; ü€nc€ SoLdr 8f155'53'Wæf, 260.36 feet thence Souh 0024'0f East, 3.59 &et; üpnce So¡¡ü¡ 89'35'53' West, 20.U0 tuet h€nce Nslh 00'24Ðf Weõt, 17.78 ftet; ürence Nonh,l5"24'0f ì,lr6t, 74.76 feet; thencs Sot¡th 8Y28'14' Wæt, 51-69 ft€t ülence Ntrtr 0031?6'Wëst 41.64 feel; l,lorlh 89?Al¿1" East Ð.(X)fret üpnce Soulh 0(F3l?6'East 2f .&lfeet thence l,lo¡lt¡ 89'28'14' East, 25.$ het; ürence l,lortr U0'31'¿16- West 168.96 feet b ûre noür lirn d said Lot I d Certified Survey ltlap No. 9366; hence l{orü 8f,3532 East, dong said norlh line 28.19 feet to a point on a curvs; thence sou$easbdy 41.58 fuel along lhe arc ofs¡id curve to lhe left, whæe rad¡¡s is 52.00 feèl end rrtræe chord bea¡s Souür 03'05'12 H, ¿0.¡18 tuet; ü¡ence South 00'31'¡t6' Easl 126.37 feet tpnæ Soulh ¿5'51'16'Eæt,41.65 @ üence Nqü 8f)35'53" Eesl, 31529 bet; lhence !,lo¡ür 75'5tlOY Eæt, 6û.13 tuel; lhence l,lorh 0(F24Of West, 12.46 feet; lhence Nort¡ 89"35'53' Eæt, 10.ffi het; trencs Souh 00'2,l0f Eæt, 23.75 feet; ûrence l,¡oûr 8$35'53 Ees!17826 tuet thence North 78'21't9" Easl, 63.64 feet trence Norür 89'3ó*19" East, 24.55 feet to lhe ead line of s¿itl Ld I of Cerlified Suvey Map Sì66; Ïhenoe Sotih $'143S Eæt alang sdd eæt Hne, 3t).00 feet to the Pdnt of Beçjnning. Saitl eassnrent to be r¡acated contairs 39,320 squarc fuet of land (0-9027 acres), moe or þss. LEGAL DESCRIPTION: EXHIBIT 5HEET 2 OF 2 07to6t2o.26t.It-l PINNACLE ENGINEERING GROUP 21725 WAlÉRrOl*{ ROAD I SUrtE rO I BnOOI<FIËLD, ylll 5318ô ygrw\r,Pü{trAct E{t{cfa.coM PLAN lDEsrGN IDELIVER PEG.|OBJ'546.II 61906374v5 Exhibit B-2 to Amended and Restated Water Main Easement EXHIBIT C DEPICTION AND LEGAL DESCRIPTION OF RELOCATED EASEMENT AREA NO LINE TABLE LINE NO- BEARING DISTANCE LT sæ.45?r'tÂ, æ.m, t2 N00r43c'lrv 78.00 L3 M!'r4tsSì¡Y 2 .(þ' L4 S,l,i'4t?l'W ¡9¡$ L5 N45.l43e$' 20-ffv LO ìll4'.l{r2l'Ê 5-00' L7 s.14gE so.57' LE H'æIE 78.09 L9 MO'14tW ta.3r' Lr0 $xt't4PE 8.æ' CURVE TABLEtil S.l5't¡lgË 5?.7t' L'? sm't4#F rxl.3ô, CURVENO. LENGÏH RAÐIUS CHORD BEARING CHORD LENGTH Lt3 N80|,l{r2t€ 3t-od ct %.æ &.ot N54.55'gO.E 2{.37 Þl ìllr 9r!l Ëi Èl 3l 8t 'E 522.24', .lAIL 25.00' tgtl ç.sJÉ.!9.g2CE P.O-8. br Ël blt. Bl ;r ãl _cs.!¿ goJ36.6_ TAX KEY # 9269037000 GRAPHICAL SCALE (FEET) O r"=1OO' 200' m ¡^\-. EJMfz c.ç.u¡p.-q2qE 22, FT 10 \ LJ105-50' N00"14'39"W 0.5230 ACRES ,l dl LO'LI Èsi¿..È¡Þ-:20t s00"14'39'E 25.00' sE coRNER I Lor r c.s u. I xo.or¿¡-\ .5 -Po--e.{:ñ ì -l Ll3 I tI.rl BIT SHEET I OF 2 07 PLAN IDESTGN IDELTVER PEGTOBtÊ54ó.iltorãwArFR¡otr¡N RoarJ I surrF xþ lBRookFFl D, $¡5318ó V\/WWHNNACt F.FNGRCOM 61906374v5 Exhibit C-1to Amended and Restated Water Main Easement LEGAL DESCRIPTION: Eeirg a pâri of Lol I of Gerlifed Str,rey Map No- 9366, reæded in the office of lhe Regisl,er of Deeds for Milwad<ee County, W'sconsin, on Ndênùer 19,2021 æ Ðocument Ì,1o, 11189fH0, located in the l,loÍheæt 1/4 düe Southeast 1/4 of Sedim 3{), To¡nship 5llor$, Rangè 22 Easl, Cityof Oek Creeh, Mihaukeê County, Wsconsin, described as follons: Cammencing at lhe soulhêÍ¡stcomerof Lot 1 ofOerlified SuveyMap No.9366; thence Norlh 00"14'39" West alorq the easl line ofsaid Lol l,263.00 fêel to thê Point of Bq$nning; Thence Sor¡ür 89%5.21' Wæt 62.{Xl feet therrce tJorlh tX)ol4 3!l'West, 78.00 feet üpnce l,lorü¡ 45'f 4'39" Wesl, 25-00 feet thence Scuth 44'4521' lVest, 18.ü] feet ùence ltlorür 45'143Y West 20.æ ûêeq fience Noüi 44'4521" Eæt, 5-00 feet thence Soulh 8{l'4521' West 617.50 feel; thenoe ùffii 00'1¡l3Y West 105.50 fuet to the mrft Ine of saiJ Lot f ; thence ¡lorlh 89'3532 East along sakl north line, 25-fi)feet; tenæ Sot¡f¡ {X)'l¿139' Eæt, 80-57 feet; ltrence Norlh 8S4521" Eilst 79.(X) feet; hence I'lorü {10o14 39'West, 14-31 fe€t to the afuresa¡d Norú line of Lot t and a po¡nt on å ct¡re; ûrenre nøtheæterly 24.59 feet ålong the arc of said a¡næ lo the þfr, whose radius b 52.tr feet and whæe d¡ord bears Norlh 54'55 30' Eest 2,1.37 ftet ürgrce Souür 00'14'3Y Est 28.23 feet lhencs tlorth 89'4521" EasL 522,24 feet thence Sot¡lh 45'1439" Eåsl, 5271 f€et thence Souür 00'1439'East. 63.36 feet thence |,lorth 89%521" Easl, 37.00 feet b the afores¡-d east lirlecf said Lot l; thence Sorrh 00"14'3y East alorg said east line 25.00 fuet to *re Pohtt of Eeginnirg. Said easêm€nt æñh¡ns 22,780 squarc feet (0.52$ acres) of land, mue or less. T EXHIBIT SHEET 2 OF 2 07/27t2o.26.Ir:T PINNACLE ENGINEERING GROUP PLAN lDEsrGN I PEG DELIVER JoBtÉ546.ilx)725WA¡EElOytN ßOAD I 5lr¡É ¡OO lBÍìOOKF|ÞLD, Y\Jl 5318{, YIM'W.PINNACL E.ÞNGRCOM 61906374vs Exhibit C-2 to Amended and Restated Water Main Easement OAKCREEK - t¡fiscoN5lN - COMMON COUNCIL REPORT Item Recommendation: Fiscal lmpact: Critical Success Factor(s): Meeting Date: September L,2026 Item No q 25-Foot Sanitary Sewer Main Easement - Edgemont Estates Subdivision The Common Council adopts Resolution No. 12725-090126, a resolution approving a 25- Foot Sanitary Sewer Main Easement By and Between Switchback Enterprises, LLC and the City of Oak Creek. (Tax Key No. 958-9995-006) (5th Aldermanic District) None n Active, Vibrant, and Engaged Community n Financial Stability and Resiliency n ThoughtfulGrowth and Prosperous Local Economy n Clean, Safe, and Welcoming ! lnspired, Aligned, and Proactive City Organization X Quality lnfrastructure, Amenities, and Services n ruot Applicable Background: This proposed 2S-foot public sanitary sewer main easement relates to the construction of the Edgemont Estates subdivision. As part of the utility design for the subdivision, the easement runs south to north, from E. Elm Road to S. Edgemont Drive. The easement provides for the City's maintenance of the sanitary sewer main. Options/Alternatives: The Common Council could decline to approve the Easement. The requested approval, however, is a necessary step to properly represent rights and responsibilities for this public sanitarv sewer Res pectfu lly su bm itted Andrew J. Vickers, MPA City Administrator Fiscal Review: Approved: û-,+ If'ftf"l" Ashley N. Kiepczynski, PE Utility Engineer Approved: ß.;¿ ('/h 4-,tmKVuL Finance & Accounting Manager Brian L. Johnston, PE Director of Utilities Attachments: Resolution No. 12725-090126, 25-Foot Sanitary Sewer Main Easement RESOLUTTON NO. 12725-090126 RESOLUTION APPROVING A SANITARY SEWER MAIN EASEMENT AGREEMENT BETWEEN SWITHBACK ENTERPRISES, LLC AND THE CITY OF OAK CREEK (EDGEMONT ESTATES SUBDIVISION) WHEREAS Switchback Enterprises, LLC own property that comprises Edgemont Estates Subdivision (the "Development"); and WHEREAS Switchback Enterprises, LLC has agreed to grant an easement to the City of Oak Creek for the necessary lmprovements; NOW THEREFORE BE lT RESOLVED by the Mayor and Common Council of the City of Oak Creek that the Sanitary Sewer Main Easement Agreement between Switchback Enterprises, LLC and the City of Oak Creek (the "Agreement") is hereby approved. BE lT FURTHER RESOLVED that the Mayor is authorized to execute and the City Clerk to attest to same. BE lT FURTHER RESOLVED that modifications or technical corrections to the Agreement 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 1't day of September,2026. Passed and adopted this 1't day of September ,2026. Common Council President Kenneth Gehl Approvedthis 1st dayof September ,2026. Mayor Daniel J. Bukiewicz ATTEST: Catherine A. Roeske, City Clerk VOTE: Ayes_Noes_ lalas -0q0Âb Document Number EASEMENT NO PROJECT NO. RESOLUTION NO ADDRESS NO. 25 FOOT PUBLIC SANITARY SEWER MAIN EASEMENT Document Title 23056 10670 S. Nicholson Road Oak Creek, WI 53154 Recording Area GRANTOR(S) Switchback Enterprises,LLC Name and Return .Address 958-9995-006. Parcel ldentification Number (PIN) 25 FOOT SANITARY SEWER MAIN EASEMENT THIS INDENTURE, made this day of 2026, by and between, Switchback Enterprises, LLC, hereinafter referred to as "Grantor", and the City of Oak Creek, a Wisconsin municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: Grantor does hereby gfant to the Grantee an easement to construct,maintain, operate and reconstruct where necessary sanitary sewer main and appurtenances in, under, over and across the real property of Grantors in the City of Oak Creek, County of Milwaukee and State of Wisconsin, as shown on Exhibit "A", and more particularly described as follows: A 25 FOOT WIDE SANITARY SEWER EASEMENT LOCATED ON AND OVER PART OF OUTLOT 3 AND OUTLOT 2 OF EDGEMONT ESTATES, BEING PART OF THE SOUTHWEST 1/4 OF THE NORTHWEST I/4 OF SECTION 24, TOWN 5 NORTH, RANGE 22 EAST, IN THE CITY OF OAK CREEK, MILWAUKEE COLINTY, WISCONSIN DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST I/4 CORNER OF SECTION 34 TOWN 5 NORTH, RANGE 22 EAST, THENCE N 89O25'51'' E, ALONG THE SOUTH LINE OF THE NORTHWEST I/4 OF SECTION 34,464.41FEET; THENCE N 00o29'09" W,40.00 FEET TO THE SOUTHWEST CORNER OF OUTLOT 3 AND ALSO THE POINT OF BEGINNING; THENCE N 00'29'00u W, ALONG THE WEST LINE OF OUTLOT 3 AND EXTENSION OF SAID LINE, 346.30 FEET; THENCE N 33"22'21" W,43.42 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF EAST EDGEMONT DRIVE; THENCE ALONG THE SOUTH RIGHT-OF-WAY OF EAST EDGEMONT DRIVE ALONG A NON. TANGENT CURVE TO THE LEFT WITH AN ARC LENGTH OF 26.16 FEET, A RADruS OF I5O.OO FEET, AND A CHORD BEARING OF N 39"45'35" E, 26J2FEET; THENCE 533"22'31" E,58.38 FEET; THENCE S 00o29'09" 8,353.64 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY OF EAST ELM ROAD; THENCE S 89o25'52" W ALONG THE NORTH RIGHT-OF-WAY OF EAST ELM ROAD,25.OO FEET TO THE POINT OF BEGINNING. Said easement contains 10,012 square feet (0.230 acres) of land, more or less. TO HAVE AND TO HOLD said easement unto the Grantee, and unto its successors and assigns forever. The Grantee shall have the right to enter upon and to pass and repass over and along the aforesaid land whenever and wherever necessary for the purpose of installation, maintenance, operation and repair of the aforesaid sanitary sewer main and appurtenances thereto. The Grantee agrees to restore or cause to have restored the property as nearly as is reasonably possible, to the condition existing prior to such entry by the Grantee or its agents. However, the Grantee's obligation to restore the property does not apply to any structure, fence, hard surface paving of any type or configuration, trees, bushes, branches or roots which may interfere with the Grantee's use of the aforesaid easement. The Grantee shall have the right to trim or remove any trees, bushes, branches or roots so as not to interfere with the grantees use of the aforesaid easement. Structures, which are defined as anything constructed or erected, the use of which requires more or less permanent location on ground or attached to something having permanent location on the ground and fences, shall not be located over Grantee's facilities or in, upon or over the property within aforesaid easement without the prior written consent of the City Engineer. The aforesaid sanitary sewer main and appurtenances shall be maintained and kept in good order and condition at the expense of the Grantee. The Grantor reserves the right, to themselves and to their heirs, personal representatives, successors and assigns, to have the full use and enjoyment of the aforesaid premises, except as to the rights herein granted. If the premises herein are discontinued or abandoned for the purpose granted, the easement herein conveyed shall, without notice, demand or re-entry revert to the Grantors, their heirs, personal representatives, successors and assigns. ln such event, the City agrees to reconvey by quit claim deed to Grantors, their heirs, personal representatives, successors and assigns, the premises described herein. The City shall and does hereby agree to indemnify and save harmless the Grantors, their heirs, personal representatives, successors and assigns, from any and all loss of damage to property or injury to or death of any and all persons, or from any suits, claims, liability or demand in connection therewith however caused, resulting directly or indirectly by reason of the installation, operation, maintenance, removal, use or existence of the aforesaid sanitary sewer main and apputrenances thereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. Grantor: Switchback Enterprises, LLC John Coury STATE OF WTSCONSTN ) )SS MILWAUKEE COLJNTY ) Personally came before me this _ day of 2026, the above- named, John Coury to me known to be the person who executed the foregoing instrument and acknowledged the same. Notary Public, Milwaukee County, WI My commission expires Grantee City of Oak Creek By: Daniel J. Bukiewic z, Mayor By: Catherine A. Roeske, City Clerk srATE OF WTSCONSTN ) )SS MTLWAUKEE COUNTY ) Personally came before me this _ day of 2026, Daniel J Bukiewicz, 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 and to me known to be such Mayor and City Clerk of said municipal corporation, and acknowledged that they executed the foregoing instrument, as such offtcers, as the deed of said municipal corporation, by its authority, pursuant to Resolution No. adopted by its Common Council on the day of 2026. Notary Public, Milwaukee County, WI My commission expires:_ This instrument was drafted by Ashley Kiepczynski Approved as to form by: Melissa L. Karls, City Attorney EXH IB IT A SAN ITARY 5 EWER EAS EM ENT R:150.00' A:26.16' B: N 39'45'35" E €, 1 2' OUTTOT 2 Er-ú )\ EDGEMONT ESTATES quflor 2 EDGEN/ONT ESTATES qujl_or 3 EDGEMONT ESTATES 25, SANITARY SEWER EASEMENT 10,012 S.F. 0.230 ACRES U' oq Nro o'@ a fft (r¡ UI f.to! t z oq Nro- o(o I { (¡àI(¡o 5 -l uNrP_LAIISA qu_Il_ol 3 EDGEMON-I ESTATES 0 6O' 120' 1 INCH = 60 FEET P.O,B 0029'09" tY ,+0.00' ETST ELM ROAD - so' vvto-E R.o.w. - !6!.L I - =.-uxEì;r-rHffi TÆ -or sef {a-@ N E9'25'51" E 2621.36' 4-* OF SECTONI CORNER CENÏER 34-5-22 3+-5-22 CONC. MoN. w,/ sEwRPc BRASS CAP FND.coNc. MoN. ttry BRASS CAP FND. SEWRPC -T LANÞ E¡URVEYINB O LAND PLANNINB955 LEXINE¡TON DRIVE trtroNtrMOWBtr, Wr 5SE)66 DATED rlB/'I E/2826**i;!åÌ?l?îiYJ'f"' ¿EB# zt z4a THIs INSTRUMENT WA5 DRAFTED BY MATTHEW T. O'REURKE, â-2771 MATTHEW T O'ROURKE s-2771 NEOSHO, 42 U OAKCREEK Meeting Date: September 1,2026 - wlscoNstN - COMMON COUNCIL REPORT Item No \o Tree Preservation Easement Agreement - Edgemont Estates Subdivision That the Common Council adopts Resolution No. 12726-090126, a Resolution approving a Tree Preservation Easement Agreement by and between the City of Oak Creek and Switchback Enterprises, LLC for Edgemont Estates Subdivision located at 10670 S. Nicholson Rd. (Tax Key No. 958-9995-006) None Item: Recommendation: Fiscal lmpact: Critical Success Factor(s): n Active, Vibrant, and Engaged Community ! Financial Stability and Resiliency flThoughtful Growth and Prosperous Local Economy n Clean, Safe, and Welcoming n lnspired, Aligned, and Proactive City Organization X Quality lnfrastructure, Amenities, and Servíces n Not Applicable Background: This item pertains to the Edgemont Estates Subdivision development located at 10670 S Nicholson Road. As part of the subdivision, the City requires a 5O-foot-wide tree Tree Preservation Easement Area to establish a perpetual tree preservation area for the protection of existing viable trees having a DBH of twelve (12) inches or greater. Tree removal, destruction, or material damage within the Easement Area shall be prohibited except as authorized under, and in compliance with, City of Oak Creek Municipal Code S 17.0505(d), as amended, including the City's required approval and applicable tree replacement requirements. This Easement shall run with the land and bind all present and future owners of the Property, and is intended to supplement and preserve the City's independent authority to enforce the City's tree preservation requirements. Options/Alternatives: The Common Council could decline to adopt the proposed approving resolution; however, the Tree Preservation Easement Agreement is necessary to preserve the City's Tree Preservation Ordinance and policy. Respectfu I ly su bm itted Prepared Andrew J. Vickers, MPA City Administrator Fiscal Review: mo¡'rtlt % Maxwell Gagin, MPA Deputy City Administrator / Finance Officer Todd Roehl Senior Planner Approved K*,¡t¡ Kristi Laine Community Development Director Attachments: Resolution No. 12726-0901 26 (2 pages) RESOLUTTON NO. 12726-090126 RESOLUTION APPROVING A TREE PRESERVATION EASEMENT AGREEMENT BY AND BETWEEN THE CITY OF OAK CREEK AND SWITCHBACK ENTERPRISES, LLC FOR EDGEMONT ESTATES SUBDIVISION LOCATED AT 10670 S. NICHOLSON RD. (TAX KEY NO. 958-9995-006) (5th Aldermanic District) WHEREAS Switchback Enterprises, LLC (the "Developer") owns property that comprises part of Edgemont Estates Subdivision at 10670 S. Nicholson Rd. (the "Development"); and, WHEREAS as part of the Development, the City requires a tree preservation easement across a portion of the property owned by the Developer; and, WHEREAS the Developer has agreed to grant an easement to the City of Oak Creek (the "City) for the necessary preservation of trees, NOW THEREFORE BE lT RESOLVED by the Mayor and Common Council of the City of Oak Creek that the Tree Preservation Easement Agreement by and between the City of Oak Creek and Switchback Enterprises, LLC (the "Agreement") is hereby approved, BE lT FURTHER RESOLVED that the Mayor is authorized to execute and the City Clerk to attest to same. BE lT FURTHER RESOLVED that modifications or technical corrections to the Agreement that may be reasonably necessary in order to preserve and maintain the general intent thereof and that are approved by the Assistant City Administrator and/or Community Development Director and City Attorney are hereby authorized. 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 1't day of September .2026 Common Council President Kenneth Gehl Approvedthis 1't dayof September ,2026. Mayor Daniel J. Bukiewicz ATTEST Catherine A. Roeske, City Clerk VOTE: Ayes Noes ** MATTHEW T O'ROURKE s-2771 NEOSHO, t I I EXH IB IT A TR TE P RES ERV.A,TI C] N EAS EM ENT rw cohrqEn sEcnoN 34-5-22 coNc. MoN. vSEmpC en¡Sé Cep LQlf-1-cSM-5Leg LOI 7 LOll_csr'l_!33 gu_ILoJl L1 FND. f I I T F ôtN I ¡o I {n ol¡lvl t!o t tz l¡¡IÞ l!o l¡¡zJ t ot{'ottrzlo'vtl\tl Or rl(), -t =lØl { L LOT 6 tpr_5 !9r 4 UNPLA]UA z oqå\¡ € rl th r L UIlPLA]]gD 50, WIOE TREE PRESERVATION EASEMENT 28,573 S.F. 0.656 ACRES (¡\¡ C, olor {I FI =o E l¡J o ='o @ uriPtArrFa LOT 3 Lor 2 r 0 80' 1 INCH = 80 FEFI 1 60' qsu_1245 LOt 1 N 89.12'Ol'E p.O.B. 264.75' s 89'12'01' W 50.00' EDS,F#ppr.pstvE --/ LAND g¡URVEYINB ' LANO PLANNING¡ e56 LExrNGtrfrN oRrvE ÞATED ãA/ 1ú/2n26ocoNoMowðe, wr 63(¡66www.LANDTecHwr.coM ¿B53# Z1Z4A1262' 36|,-4699 THIE¡ INSTRUMENT WAS¡ DRAFTED BY MATTHEW T, CI,ROURKE 8-2771 I Nt- HI. ARIN(,ì I )t\ taNf :F N A9-t2o',t L 56,.4 /' N 74'03',19" E 14.06' 2 OAKCREEK Meeting Date: September 1,2026 - wlscoNstN - Item: Recommendation: Fiscal lmpact: Item No t\COMMON COUNCIL REPORT Garden Medley Estates Subdivision lnfrastructure Development Agreement CriticalSuccess Factor(s): 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 Divísion, 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 2ó051) (4'h District). Developer will be responsible for their established share of the costs related to the work covered under this Development Agreement. f] Active, Vibrant, and Engaged Community I Financial Stability and Resiliency [l Thoughtful Growth and Prosperous Local Economy ! Clean, Safe, and Welcoming I lnspired, Aligned, and Proactive City Organization I 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 undeveloped state. Respectfu I ly submitted: And J. Vickers, MPA City Administrator Fiscal Review: 'rn4b/üt % Maxwell Gagin, MPA Deputy City Administrator / Finance Officer Prepared/Approved: 4//L/A Matthew J. Sullivan, PE Assistant City Administrator/Engineer Attach ments: Ga rden Med ley Estates Development Ag reement, Reso I ution 127 23 -09 0126 RESOLUTTON NO. 12723-0090126 RESOLUTION APPROVING THE GARDEN MEDLEY ESTATES SUBDIVISION DEVELOPMENT AGREEMENT TAX KEY NOs. 865-9978-003 & 869-9993-000 (4rH ALDERMANTC DtSTRICT) 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 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 August, 2026. Passed and adopted this 1't day of August, 2026 Kenneth Gehl, Common Council President Approved this 1't day of August, 2026 Daniel J. Bukiewicz, Mayor ATTEST: BY Catherine A. Roeske, City Clerk VOTE: Ayes_ Noes_ Document Number GARDEN MEDLEY ESTATES SUBDIVISION TNFRASTRUCTURE DEVELOPMENT AGREEMENT Document Title Area Name and Return 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 Northeastl14 and the Northwest 114 and Northeast 114 of the Southeastl14 of Section 23, Township 5 North, Range 22East, in the City of Oak Creek, County of Milwaukee and State of Wisconsin, to-wit: Commencing at the Northeast corner of the Southeast 114 ol said Section; thence South 89' 46' 55" West along the North line of said 114 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 10o 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 1 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 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 l12ofthe 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 Municipal Code 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 2 3 4 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 shall be 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. 5 2) 3) -3- 4) All required work to upsize and relay the sanitary sewer main along E American Avenue from S. 8th Avenue to S. Sth 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 expiration of 90 days from certified 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 PIat. 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 confirm, and Developer shall provide proof of: c D 6 A B c 7 -4- 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 contracto(s). Developer and City have arranged a preconstruction conference Developer has obtained all pertinent approvals from MMSD for the storm water management plan. 9. ltems 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: Approval of all plans required in Exhibit A Developer has issued a notice to proceed to its contracto(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 A B c D E I A. B. c. D. A. B. c. D. E -5- 10. Final Plat Approval 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 Association 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 Develo per 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 lmprovements. 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 A. B C. -6- 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 Ag reement. 13. 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 Guara tees and Billino 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 Engineerwithín 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. B. Reduction of Security Deposit - Final release or closeout of the surety shall occur -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 15% 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. 16. 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. 17 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. 18. Chanoes 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. 19 Notices. lf notice is required to City or Developer it may be given by reputable overnight delivery service, prepaid and addressed as follows: c -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. Miscellaneous 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 14 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. A, B. C. D. E F -9- J K. L M H 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, then 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. 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 James Mathy, Housing Services Administrator STATE OF WTSCONSIN ) )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) -11- 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 M ilwau kee 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 C¡TY 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, all of which will be provided with greater specificity on the Final Engineering Plans, which are incorporated herein by reference: II. 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 otherwise approved by Developer's geotechnical engineer. II¡. STORM DRAINAGE SYSTEM A. Required 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 controlordinance 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 il ilt 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 I 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 30-inch concrete curb and asphalt pavement within the public right-of-way. Pavement section shall be comprised ol a 1O-inch crushed stone base, pavement edge drains, 3O-inch curb and gutter section, 2 314-inch asphalt binder course and a 1-314-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 1 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. D. The luminaire is to be LED as approved by the Engineering Department. E. 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. B 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. lnstallation 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 C A. 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 Transpoftation Standard Specifications for Road and Bridge Construction, latest edition. Approved by Matthew J. Sullivan, P.E. Assistant City Administrator / City Engineer Date A-7 EXHIB¡T 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 MunicipalCode, 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 114of the Northeastl14 andthe Northwest 114and Northeast l14of theSoutheastl14ot 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 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 112 of the South 112 ot 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 t tt i r ,. ,rr ¿ '1r ) r\\ Jft ï\.v\.\ ¡ \'.\ ¿. \ i \--\ t.\\ ,.\ ¿ \ -f\ u,\ \ .Þ \{ t 1 I ¡ -T * *!k 1--*r r B-3 A B 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 c D 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 parcelwithin 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 T¡ II ii Il nrlL-':ã'j(:Ð\\______EJ ¡+l.t.r ¡ æ -a-.E ãææ ç ztttl r4¡È --fu¡ñ -ñû Gæ ffi#* l*ffiæ STfYf,!'X.f,:Il(trIl{ÀE([Y:Drvt¡¡ñNrnuÍfl¡ v ;Ëg-- -l (o I o F JÈ É. z ==lll É. È lrJ t-o x l¡J @ OAKCREEK - wtscoxSlN - Meeting Date: September 1,2026 COMMON COUNCIL REPORT Item No. lA License Committee Report That the Common Council consider the various license and permit requests as listed on the 911126 License Committee Report. License fees in the amount of $170.00 were collected. Item: Recommendation Fiscal lmpact: CriticalSuccess Factor(s): ! Active, Vibrant and Engaged Community n Financial Stability and Resiliency ! Thoughtful Growth and Prosperous Local Economy ! Clean, Safe & Welcoming I lnspired, Aligned, and Proactive City Organization I Quality lnfrastructure, Amenities, and Services X Not Applicable Tentative recommendations are as follows: 1. Grant an Operator license to (favorable background reports received): * Nicholas J. Durrwachter (Meijer) 2. Grant a Special Event Permit to Michelle Skrobis, Agent for the Oak Creek High School Marching Knights, for the Oak Creek Marching Knights lnvitational marching band competition, to be held at Oak Creek High School on Sunday, October 4,2026. The National Guard Armory parking lot will also be utilized for set up / assembly. 3. Grant a Special Event Permit to Jeffery Hansen, Agent for the Community Projects Committee, lnc., for a 40th Anniversary Celebration & Walk Party, to be held at Lake Vista Park, 4159 E. Lake Vista Parkway, on September 26,2026, Respectfully submitted: Prepaçed: LflM//h.. \ilrt^[A Andrew J. Vickers, MPA City Administrator Fiscal Review: Christa J. Mil MC/WCMC Deputy City Clerk Wl.'fa,tl + MaxwellGagin, MPA Deputy City Administrator / Finance Officer Attachments: none OAKCREEK Meeting Date: September 1,2026 - lYlscÐNstN - COMMON COUNCIL REPORT rtem No. [] Item: Vendor Summary Report Recommendation: That the Common Council approve the August 26,2026 Vendor Summary Report in the total of $832,584.80. Fiscal lmpact Total claims paid of $832,584.80. CriticalSuccess Factor(s):c n Active, Vibrant and Engaged Community X Financial Stability and Resiliency f] Thoughtful Growth and Prosperous Local Economy n Clean, Safe & Welcoming I lnspired, Aligned, and Proactive City Organization ! Quality lnfrastructure, Amenities, and Services n Not Applicable Background: Of note are the following payments: PAPER CHECKS 1. $89,857.90 to Decker Properties, lnc. (pg #2)for bond refund. 2. $127,713.84 to John Schlueter (pg #2) for bond refund. 3. $5,30ó.40 to Ray O'Herron Co., lnc. (pg #4) for ammunition. 4. $11,467.00 to WDATCP-DFRS (pg #5) for 2025-2026licensing fees. ACH PAYMENTS 1. $5,779.50 to Aurora Medical Group QS #n for pre-employment health screenings. 2. 523,528.32to B&H Photo-Video @g #7) for Surface computers and warranties. 3. $'14,870.21 to Baycom, lnc. þg #7) for BWC batteries. 4. $5,351.00 to CDW Government (pg #8) for vulnerability management. 5. $10,76ó.08 to DLT Solutions (pg #8) for annualAutodesk subscription renewal. 6. $29,320.11 to E. H. Wolf & Sons, lnc. (pg #9) for fuel inventory. 7. $9,335.10 to Galls, LLC (pgs #9 & #10) for gas masks, raincoat alterations, raincoats, and uniform items. 8. $120,488.50 to GFL Environmental (pg #10) for August trash and recycling. 9. $14,755.00 to Godfrey & Kahn S.C. (pg #10) for legal services regarding redevelopment of lakefront site. 10. $25,085.70 to Lee Mechanical, lnc. (pg #11) for Fire Station #3 sprinkler system replacement. Project #2s016. 11. $5,229.82 to Life-Assist, lnc. (pg #11) for medical supplies. 12. $31,291.17 to McMahon Associates, lnc (pg #11) for interim DPW Director. 13. $157,006.9ó to MSA Professional Services, lnc. (pg #12) for lakefront and Lake Vista materials. Project #26017 &#26018. 14. $11,987.49 to Ramboll America's Engineering (pg #13) for consulting and engineering services and Lake Vista Park design. Project #26018. 15. $14,138.13 to Sherwin lndustries, lnc. (pgs #13 & #Iq for mastic and asphalt. 16.$6,142.2ó to SHI (pg #14) for sandbox renewal. 17. $11,015.19 to Sundek NationalAccounts, lnc. (pg #14)for splash pad resurfacing deposit. Project #26022. EFÏ PAYMENTS 1. $22,529.22 to WE Energies (pg #lD for street lighting, electricity & natural gas. Options/Alternatives: None Respectfu I ly su bmitted : P Andrew J. Vickers, MPA City Administrator Fiscal Review: ft.p'^tt + Maxwell Gagin, MPA Deputy City Administrator / Finance Officer Ro T. Vircks Staff Accountant Attachments: O812612026 lnvoice GL Distribution Report