Public Works and Safety Committee — Muskego, WI
Date: 2025-11-26

CITY OF MUSKEGO
PUBLIC WORKS AND SAFETY
COMMITTEE AGENDA
07/21/2025
5:30 PM
Muskego City Hall, W182 S8200 Racine Ave


CALL TO ORDER

PLEDGE OF ALLEGIANCE

ROLL CALL

STATEMENT OF PUBLIC NOTICE

STATUS OF PROJECTS
Discussion update. No formal action may be taken on the following:

 Road Program 2025
 PP/II 2024/2025 Project
 Police Chief Updates

UNFINISHED BUSINESS
Discussion update and possible action may be taken on any or all of the following:

NEW BUSINESS
Discussion update and possible action may be taken on any or all of the following:

 Warrior Wash, LLC - Residential Equivalent Connection (REC) Charge Dispute
 Memo - Warrior Wash, LLC REC charge dispute.pdf
 Warrior Wash REC Letter 01222025.pdf
 2024 Warrior Wash Calculation.pdf
 Past Warrior Wash Returned Surveys.pdf

 Request for the City of Muskego to Pave the Existing WE Energies Recreational Trail
 Memo - Request to Pave WE Energies Trail.pdf
 Map of Trail.pdf
 Muskego Rec Trail Summary.pdf
 Muskego Rec Trail Report.pdf

NEW BUSINESS PLACED ON FILE
(The following items have been placed on file for staff review. Upon completion of review, staff will
submit a supplement detailing options and possible course action to committee members.)

COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW

ADJOURNMENT
 NOTICE

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IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE
MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN
BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY
REFERRED TO ABOVE IN THIS NOTICE.

ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS
THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT
MUSKEGO CITY HALL, (262) 679-4100.




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Approved
CITY OF MUSKEGO
PUBLIC WORKS AND SAFETY
COMMITTEE MINUTES
July 21, 2025
5:30 PM
Muskego City Hall, W182 S8200 Racine Avenue

CALL TO ORDER

Alderperson Madden called the meeting to order at 5:32 PM.

PLEDGE OF ALLEGIANCE

Those present recited the Pledge of Allegiance.

ROLL CALL

Present: Alderpersons Madden, Decker and Duelge; Scott Kroeger, Director of Public Works
and Development, Police Chief Steve Westphal

STATEMENT OF PUBLIC NOTICE

The meeting was posted in accordance with open meeting laws on July 17, 2025.

STATUS OF PROJECTS
Discussion update. No formal action may be taken on any of the following:

Road Program 2025
Director Kroeger stated that the project started. They are in the southeastern part of the City
working on Weatherwood Circle and Prairie Meadows. The library will be closed for a time as
two-thirds of the parking lot will be under construction.

Alderperson Madden asked if there will be a full report on the status of everything. Director
Kroeger said that he and Ryan will be reporting to Common Council tomorrow.

PP/II 2024/2025 Project
Director Kroeger said that all construction and restoration have been completed. They are
holding back a little of the money in case there are any settling issues that need repair.

Police Chief Updates
Police Chief Westphal said that the Citizens Academy Alumni Association had a picnic/pig
roast and raffle. There will be a Tunnels to Tower event coming up. There will be Fun Run
and pancakes to fund the K-9 program on Aug 3rd. National Night Out is Aug 13th. The Police
Department is hiring three new officers.

UNFINISHED BUSINESS
Discussion update and possible action may be taken on any or all of the following:

NEW BUSINESS
Discussion update and possible action may be taken on any or all of the following:

Warrior Wash, LLC – Residential Equivalent Connection (REC) Charge Dispute
Attorney Lisa Wood, representing Warrior Wash, explained that they have been
communicating with the City Attorney regarding how the assessment came out and what the
process was. Her understanding is that the City failed to issue the assessment per the
ordinances. Therefore, the City passed a resolution authorizing the back charge. Ms. Wood
does not believe the City has the authority to back charge assessments. They met with City
staff to come up with a fair resolution as the assessment would put the company out of
business even with a 10-year plan at eight percent interest as there have been three additional
car washes built within the City. The proposal was averaging four quarters of historic usage to
recalculate the assessment, which would be $63,600.

Alderperson Decker would like to hear the opinion of the City Attorney, who was not present.
Director Kroeger said that he believed that if the City Attorney thought the process the City was
incorrect, he would have stopped it right away. There are multiple businesses that received an
assessment letter.

Alderperson Madden asked if this was done previously. Director Kroeger said there was a
company that challenged the assessments in the past, but it was found that the City was
following their ordinances. Ms. Wood said that this is not a matter of the calculation, but the
authority to back charge. Ms. Wood guesses there is not a resolution every year but if
assessed timely the City follows the ordinances and has the authority to charge the
assessment. Director Kroeger said that the charges are calculated per the ordinance and the
amount being charged at this car wash is consistent with all the other car washes.

Mayor Petfalski said this is not a back charge or a usage fee, but it is a fee for capacity. The
way our ordinance is written, it doesn’t matter when you get the invoice, but the City’s
ordinance charges for the property’s highest capacity for sewer usage even if usage later
declines. The City must build their infrastructure and MMSD builds their infrastructure and bills
the City back based on that capacity.

Director Kroeger said this is a REC charge and not a utility charge. Ms. Wood asked when
that should have been billed. From a financial standpoint for the City, it’s best to get the
money as soon as it’s needed. There is a survey that must be completed annually. The
problem was that nobody completed the survey yearly and now there is a penalty phase for not
filling out the survey. The ordinance doesn’t dictate when it is billed, it is just that you are
buying the capacity. Ms. Wood said her question is does the City have the authority to back
charge.

Alderperson Madden said that the City Attorney has been involved and doesn’t believe this
Committee is in the position to negotiate anything. Alderperson Duelge said that he feels that
they are missing some information as far as how the City feels about the number that was
generated. Director Kroeger said there was one meeting and at no time during that meeting
did anyone say that they agreed to any negotiation of the price and the memo says that the
City should follow the ordinance and not negotiate any price.

Alderperson Decker asked if Warrior Wash applied for or received any discounts. The owner
of Warrior Wash said they did and have the discount from MMSD since they opened in 2019.

Alderperson Duelge said there is something in the documents about reapplying for discounts
from MMSD. The owner of Warrior Wash said they just had a renewal of the discounts.

Mayor Petfalski noted that Warrior Wash is a bit unique. They bought the property bank
owned. If you purchase bank owned, you are not aware of any outstanding fees they would
have been aware of if they purchased it traditionally. Council could have them apply for
different terms.

Alderperson Madden made a motion to Deny the Warrior Wash, LLC – Residential
Equivalent Connection (REC) Charge Dispute. Alderperson Duelge seconded.

Motion Denied 3 in favor.
Request for the City of Muskego to Pave the Existing WE Energies Recreational Trail
Jim Gruennert, S74W14343 Settler Way, submitted a report to request the trail be paved. Mr.
Gruennert stated that this is the Muskego Recreational Trail not We Energies trail. The trail is
recycled asphalt, which they don’t believe is a good surface for a trail and is in violation of the
license agreement that states it must be a crushed stone or asphalt paved trail. He provided a
few reviews of the trail and his personal testing of the trail using an app on his phone. He
believes the trail is complimentary to the road construction separating trail users and vehicles.
He noted that federal funds can reimburse up to 80% of construction costs if the City would
have applied in 2023 for 2024 funding, they would have ranked second based on SEWRPC
notations.

Alderperson Decker asked what he would think the price would be for this project. Mr.
Gruennert noted a past estimate from staff of $1 million for a paved trail. That cost may be
doubled by going through all the federal requirements.

Alderperson Madden said her concern with paving it is that when We Energies trucks ruin the
trail the City must fix that damage. Mr. Gruennert did not agree and that the City just maintain
a HS-20 standard.

Alderperson Madden asked if the program is one where the City puts out the money first and
then the City may or may not get the reimbursement. Director Kroeger said it was. The City is
not against trails, as trails have been installed. As for the We Energies trail, to save taxpayer
money, the City uses asphalt millings to be sustainable and reusing material that they already
have on hand.

Staff noted that back in 2022 Jim Gruennert discussed the trail with the City, and for a trail
eight feet wide with five inches of asphalt and 6.6 miles in length, it was $1 million. We
Energies then said they wanted ten feet wide with a minimum of six inches of asphalt with HS-
20 loading, which is essentially designing a roadway, which makes sense for We Energies to
use for their trucks. This will now be several million dollars, but there are no plans to get an
actual estimate. There has been no direction from Council to move forward with any funding.
Council will have to commit to spending the money for this trail and design. Yes, there is the
20-80 funding, but that is if the City gets awarded the money. Additionally, if there are any
costs that go over what is estimated, the City must pay for that potion at 100 percent. The
suggestion from the individual running the grant program was to break up the trail into three
segments so all the grant money available is not all requested by one project.

Mr. Gruennert suggested that, since there is uncertainty, to submit for funding for engineering
only. You know the cost of the plans and there would be the 80-20 funding split.

Alderperson Madden said the City has competing capital priorities in road repairs and other
projects, but it will not make it on the 2025 budget.

Director Kroeger said that in the Parks and Open Space Plan there are other priorities of trails
also. Meaning, are there other loops throughout the City that should be explored first.

Alderperson Decker asked because this is tied to We Energies, is the City tied to a paved trail.
Mr. Gruennert said paved is preferred, but you can ride on crushed gravel. Director Kroeger
said that this would be a line item on the budget. Alderperson Decker asked if crushed stone
would be an option for this trail. Director Kroeger said that he would need to contact We
Energies for approval.

Alderperson Duelge said it is a worthwhile cause as he rides the trail also, but he is having a
hard time committing millions of dollars for trail projects with the aforementioned stat of the
roads that he hears about multiple times every week.
 Mayor Petfalski said he will do some research if they can apply for engineering without any
 commitment to cost if they do not get awarded any funding. If they do get the engineering
 funding, then it would be likely that the City would also get the construction.

 Alderperson Madden made a motion to Deny the Request for the City of Muskego to
 Pave the Existing WE Energies Recreational Trail. Alderperson Decker seconded.

 Motion Denied 3 in favor.

 NEW BUSINESS PLACED ON FILE
 (The following items have been placed on file for staff review. Upon completion of review, staff
 will submit a supplement detailing options and possible course of action to committee
 members.)

 COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW

 ADJOURNMENT

 Alderperson Decker made a motion to adjourn at 6:50 PM. Alderperson Duelge
 seconded.

 Motion Passed 3 in favor.

Respectfully Submitted,

Wendy Fredlund
Recording Secretary