Public Works Committee Packet - 2/16/2015
CITY OF MUSKEGO
PUBLIC WORKS COMMITTEE AGENDA
February 16, 2015
6:00 PM
Muskego Room – Lower Level of City Hall, W182
S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF MINUTES HELD JANUARY 19, 2015
STATUS OF PROJECTS
Discussion update. No formal action may be taken on any of the following:
1. Woods Road Bridge
2. 2015 Road Improvement Program
3. Penn Lane Construction
4. Jensen Park Lift Station Upgrade
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:
1. Review Public Hearing Comments for Fireside Orchard Subdivision Roadway
Improvement Project
2. Discuss ownership status of the Jewel Crest Dam
3. Review request for temporary cessation of sanitary sewer and refuse collection fees for
W180 S7695 Pioneer Drive
4. Review request from Briohn Building to waive the requirement for a paved driveway to
access the Moorland Road water tower access
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
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF
THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION
WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL
BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, CONTACT MUSKEGO COMMUNITY DEVELOPMENT DEPARTMENT, (262) 679-4136.
Unapproved
CITY OF MUSKEGO
PUBLIC WORKS COMMITTEE MINUTES
January 19, 2015
6:00 PM
Aldermen’s Room – Upper Level of City Hall,
W182 S8200 Racine Avenue
CALL TO ORDER
Ald. Bob Hammel called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Ald. Hammel led those present in the Pledge of Allegiance.
ROLL CALL
Ald. Hammel, Ald. Wolfe and Ald. Engelhardt were present.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the Open Meeting Laws.
APPROVAL OF MINUTES HELD OF MEETING HELD NOVEMBER 17, 2014
Alderman Engelhardt made a motion to approve November 17, 2014 minutes.
Alderman Wolfe seconded.
Motion Passed 3 in favor.
STATUS OF PROJECTS
Discussion update. No formal action may be taken on any of the following:
Woods Road Bridge
2015 Road Improvement Program
Fireside Orchard Subdivision Paving
Penn Lane Construction
Jensen Park Lift Station Upgrade
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:
Review Aster Hills Subdivision Preliminary Construction Plans
No action at this time.
Discuss Penn Lane Construction Design and Bidding
Alderman Wolfe made a motion to approve moving ahead with bidding Penn Lane as
a mandatory alternate bid as part of the 2015 Road Improvement Program.
Alderman Engelhardt seconded.
Motion Passed 3 in favor.
Discuss alternatives to existing City provided culvert installation service
Alderman Wolfe made a motion to approve revising driveway culvert program to
complete driveway culvert replacements only for one and two family residential
properties. Alderman Engelhardt seconded.
Motion Passed 3 in favor.
Discuss Deferred Sewer and Water Assessments for properties owned by Waste Management
Alderman Engelhardt made a motion to approve requesting an opinion from the City
Attorney at Waste Management's expense and move ahead with revised deferred
assessments for future approvals. Alderman Wolfe seconded.
Motion Passed 3 in favor.
Discuss snow removal from City trails
Discuss at next COW
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.)
Jewel Crest Dam
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Department of Public Works Staffing Update
ADJOURNMENT
Alderman Wolfe made a motion to adjourn at 7:35 PM. Alderman Engelhardt
seconded.
Motion Passed 3 in favor.
CITY OF MUSKEGO
Staff Report to Public Works Committee
To: Public Works Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Fireside Orchard Subdivision Roadway Improvements Assessment
Date: February 13, 2015
On Tuesday, February 10th, the Common Council heard various comments from the
residents of Fireside Orchard related to the proposed roadway assessment in which
the City is proposing to pay for 50% of the roadway improvement costs and assess
the property owners the other 50%. I have attached the draft minutes from the
Public Hearing for your information as well as a follow up letter that I sent the day
after the Public Hearing.
At this point the Public Works Committee should consider the comments received
and make a recommendation to the Common Council as to how much percentage to
assess. The approved budget for 2015 does allow for the City to pay up to 100% of
the cost of this project and the Council can set a flat percentage or dollar amount
per lot is they so wish.
Information Supplied to Public Works Committee 6/16/14: The Developers of the Fireside
Orchard Subdivision, Location 3 Corporation, represented by Jim Lechner, Tom Sauer, and Shan
Mason have failed to complete the remaining items within the development, which include the
final lift of asphalt, inlet adjustments, and asphalt base layer repairs. The Developers have no
financial assets and are protected by Corporation laws according to the City Attorney, so we
cannot pursue them for the expenses that remain. The City requires that a Letter of Credit (LOC)
be in place by a financial institution guaranteeing that there is money in reserve to complete the
final subdivision items should the Developer fail to complete the required items. Unfortunately,
the bank that secured this Development’s LOC was Maritime Savings Bank, which has gone
bankrupt. I have spoken with the FDIC and our City Attorney and have found that the LOC is not
federally insured and therefore useless at this point. A resident of Fireside Orchard, John
Zabkowicz, has requested that the Public Works Committee begin discussions on how to proceed
with the remaining items for completion of this subdivision.
I have estimated the completion items and the associated costs as follows:
Repair base course asphalt: 900 s.y.@ $30.00/s.y.= $27,000
Repair damaged curb & gutter: 130 l.f.@ $40.00/l.f.= $5,200
Install permanent curb inlets: 14 each @ $750/each= $10,500
Mill asphalt wedge along curb: 3,125 l.f. @ $1.00/l.f.= $3,125
Mill manhole ramps: 7 each @ $100/each= $700
Install final lift of asphalt: 4,708 s.y. @ $6.50/s.y.= $30,602
Engineering: to be completed by City staff= $0
TOTAL ESTIMATED COST= $77,127
Page 1 of 2
This is the first time I am aware of in recent history that a Developer has not completed all
obligations that were outlined under a Development Agreement. We need to discuss options for
completion and how the City would like to proceed. There are 17 lots that benefit from the
roadway improvements in the subdivision and some options that staff would propose are as
follows:
Option #1- If the entire project were assessed and the total cost was as estimated the per property
assessment would be $4,536.88. This would need to go through a public hearing process and be
budgeted for in a future year. This could be bid as part of the City’s annual road program. The
Engineering Division could use internal staff for all this work and not charge for any
Engineering costs.
Option #2- Another option might be leaving the roadway in its existing condition until such time
that the City might normally expect to complete improvements, approximately 2025, and at that
time only assess for expenses that wouldn’t be ordinarily expected. The negatives for this option
is that the base layer is failing now and might be in much worse shape by 2025. It is also difficult
to plow with the final lift of asphalt not in place, so it would be beneficial to have it installed
soon.
Option #3- The City could potentially pay for a certain percentage of the improvements. This
would need to be budgeted for and an assessment process completed as described in option #1.
Recommendation for Action by Committee:
Recommend a percentage or dollar amount that the Committee deems appropriate
to assess to the property owners for the Roadway Improvements in the Fireside
Orchard Subdivision.
Page 2 of 2
Unapproved
CITY OF MUSKEGO
COMMON COUNCIL MINUTES
February 10, 2015
7:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 7:08 p.m.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Aldermen Wolfe, Hammel, Borgman, Di Pronio, Engelhardt, Kubacki and Madden.
Also present: Finance and Administration Director Mueller and Director of Public Works/City
Engineer Simpson.
STATEMENT OF PUBLIC NOTICE
Ms. Mueller noted that the meeting was properly noticed.
COMMUNICATIONS FROM THE MAYOR'S OFFICE - None
PUBLIC COMMENT - None
PUBLIC HEARING
To consider leving special assessments for Fireside Orchard Subdivision Roadway
Improvements.
Mayor Chiaverotti read a letter submitted to Alderman Engelhardt by Gerald and Mary
Louward, S82 W21002 Fireside Drive. The property owners object to the potential
assessment for completion of the roadway. The Mayor noted similar correspondence was
submitted by another property owner on Fireside Drive. The letter was distributed to the
Council.
The following individuals spoke regarding the proposed assessment:
John Zabkowicz, W210 S8357 Fireside Court
Situation is unfortunate. Could it have been prevented? Property owners already paid for the
road. City should pay for it to be completed. The cost is minimal when spread out among all
taxpayers.
Chris Manley, S82 W21010 Fireside Drive
Purchased an existing home and was informed money was set aside for completion of the
road. Residents should not have to pay again.
Common Council Minutes 2
February 10, 2015
Louise Schmidt, W210 S8354 Fireside Court
Already pays a substantial amount of taxes. Should not have to pay for the road completion.
Joey Hawig, S82 W21005 Fireside Drive
Purchased an existing home. This was a processing error on the part of the City. A
performance bond should have been required.
Liz Kaminski, W210 S8321 Fireside Court.
What is the legal justification for the property owners to pay half the cost?
Jason Ferris, W210 S8349 Fireside Court
Completion of the road should have been done earlier as he was told it would be. He is
against the assessment.
Brian Shimetz, W210 S8346 Fireside Court
Let down by the City. Something should have been done to prevent the situation.
Diana Wilkerson, W210 S8293 Fireside Court
Consider how the residents feel about this, especially the young families.
The Mayor declared the hearing closed.
CONSENT AGENDA
Alderman Borgman made a motion to approve the items under Consent Agenda.
Alderman Kubacki seconded.
Motion Passed 7 in favor. The following were approved:
Approve Acquisition Contracts and Authorize Signatures for Budget Approved Expenditures
Over $50,000 - Purchase of 2015 Patrol Truck (Plow Truck)
Approval of Operator Licenses
Approval of Minutes - January 27, 2015
Reso. #020-2015 - Reapproval of Certified Survey Map - James Rozeski
Reso. #021-2015 - Reapproval of Certified Survey Map - Orlo Zlensky
Reso. #022-2015 - Approval of Certified Survey Map - Switala
NEW BUSINESS
Common Council Minutes 3
February 10, 2015
Reso. #023-2015 - Relocation Order and Determination of Necessity of the City of Muskego,
Waukesha County, Wisconsin (Flood Control Grant - S76 W18109 Janesville Road)
Alderman Borgman made a motion to approve the resolution. Alderman Engelhardt
seconded.
Motion Passed 7 in favor.
REVIEW OF COMMITTEE REPORTS
Finance Committee - January 13, 2015
Plan Commission - January 6, 2015
LICENSE APPROVAL
Temporary License for the Sale of Wine and Fermented Malt Beverages - Friends of Muskego
Public Library - April 25, 2014
Alderman Kubacki made a motion to approve the license. Alderman Borgman
seconded.
Motion Passed 7 in favor.
VOUCHER APPROVAL
Utility Vouchers
Alderman Borgman made a motion to approve Utility Vouchers in the amount of
$124,342.22. Alderman Kubacki seconded.
Motion Passed 7 in favor.
Tax Vouchers
Alderman Borgman made a motion to approve Tax Vouchers in the amount of
$38,783.56. Alderman Di Pronio seconded.
Motion Passed 7 in favor.
General Fund Vouchers
Alderman Borgman made a motion to approve General Fund Vouchers in the amount
of $182,955. Alderman Wolfe seconded.
Motion Passed 7 in favor.
Voucher for Tess Corners Volunteer Fire Department - $105,125.00
Alderman Borgman made a motion to approve the voucher. Alderman Kubacki
seconded.
Motion Passed 7 in favor.
Common Council Minutes 4
February 10, 2015
Wire Transfers for Payroll/Invoice Transmittals
Alderman Borgman made a motion to approve Wire Transfers for Payroll/Invoice
Transmittals in the amount of $313,486.62. Alderman Engelhardt seconded.
Motion Passed 7 in favor.
ADJOURNMENT
Alderman Kubacki made a motion to adjourn at 7:41 p.m. Alderman Wolfe seconded;
motion carried.
Minutes transcribed by Jill Blenski, Deputy Clerk.
February 11, 2015
«OWNERNAME »
«OWNNM2»
«MAILINGADD»
«POSTOFFICE » «ZIPCODE»
RE: Fireside Orchard Subdivision Roadway Improvement Project
Dear Property Owner,
The City of Muskego’s Common Council received valuable input from many property owners at
the Public Hearing held February 10th as well as written comments. All comments will be
provided to the Public Works Committee at their next meeting at which time the Committee
members will discuss the proposed assessment further and make a recommendation to the
Common Council. The Common Council will then make the final decision related to the
potential assessment at their next meeting based on your input as well as the Public Works
Committee’s recommendation. Meeting times are listed at the end of this letter should you wish
to attend.
There were some comments made at the Public Hearing that made it clear I failed to
communicate properly to you throughout this process and I would like to apologize for that lack
of communication as well as provide some background information that some of you may not
have heard at our previous meetings.
I have been working for years to try and find a solution to this situation that would not impact
you directly and I would like to assure you that we did explore all avenues for completion of the
roadway prior to this assessment being proposed. The completion of your development was
secured with a letter of credit (LOC), which is very similar to a bond, and is used by most Cities
to secure public improvements during the development process. A LOC allows Cities to go to
the bank that issued the LOC and obtain funds that the City can then use to complete outstanding
improvements after a Developer fails to do so. We have successfully utilized a LOC in the past
to obtain funds to complete improvements in a Subdivision without issue.
In the case of Fireside Orchard an extremely unusual circumstance occurred, that the bank that
held the LOC went bankrupt, which made the LOC useless. After I learned of the bankruptcy I
then went to the FDIC who determined that they would not protect the LOC, therefore, we were
unable to obtain any funds to complete the improvements. We also worked with our attorney to
explore lawsuit options against the Developers, but because they were a LLC that went bankrupt
as well, we are unable to sue them for the outstanding balance because there would be no money
to collect.
These very unfortunate events have forced the Common Council to discuss all options and make
the difficult decision as to how we move ahead with completing the outstanding improvements.
ENGINEERING DIVISION
W182 S8200 Racine Avenue, PO Box 749
Muskego, Wisconsin 53150-0749
(262) 679-4145 FAX (262) 679-5614
Page 2 of 2
Please feel free to attend either or both meetings scheduled to discuss the potential assessment
which are scheduled for:
Public Works Committee Meeting
Monday, February 16th, 2015, 6:00 p.m.
Muskego City Hall, W182 S8200 Racine Avenue
Common Council Meeting
Tuesday, February 24th, 2015, 7:00 p.m.
Muskego City Hall, W182 S8200 Racine Avenue
If I can provide any further clarification or answer any questions please feel free to call me
directly at (262) 679-5686, or e-mail me at dsimpson@cityofmuskego.org.
Thank you,
City of Muskego
David Simpson, P.E.
Director of Public Works/City Engineer
CITY OF MUSKEGO
Staff Report to Public Works Committee
To: Public Works Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Discuss ownership status of the Jewel Crest Dam
Date: February 13, 2015
The Wisconsin Department of Natural Resources has recommended removal of the
Jewel Crest Dam in order to enhance the natural state of the stream. This item was
discussed at the Conservation Commission (see attached minutes), however, no
definitive ownership information existed when that meeting occurred.
The WDNR has researched the ownership of the Dam and found that no conclusive
ownership exists which means that the ownership reverts to the State (see attached
email).
Based on the fact that the City does not own the Dam I would suggest not taking
ownership so that the WDNR can maintain and/or remove the Dam at the State’s
expense and not the City’s.
Recommendation for Action by Committee:
Ownership to remain with the State of Wisconsin.
Page 1 of 1
1
David Simpson
From:Hase, Michelle M - DNR <Michelle.Hase@wisconsin.gov>
Sent:Wednesday, November 12, 2014 1:53 PM
To:David Simpson; Ronald Ford; Tom Zagar
Cc:Kathy Chiaverotti; Neil Borgman
Subject:RE: Status of Jewel Crest Dam issue?
I spoke with our legal staff about this. Their opinion is that the evidence is not enough for the DNR to conclusively state
the City is the owner of the structure.
So at this point the structure does not have authorization or a clear owner. If a willing, responsible owner does not step
up to take over ownership, submit plans for any necessary repairs, and maintain the dam in the future, the DNR will
declare the dam abandoned and initiate that process.
This process is in Chapter 31:
0844.
31.187 31.187 Abandoned dams.
31.187(1)(1) The department may remove or cause to be removed, in such manner as it deems fit, old and abandoned
dams in streams in this state, upon giving 60 days' notice in writing to the owner thereof, if the owner can be found. If the
owner of the dam is unknown or cannot, by due diligence, be found, the department shall publish a class 3 notice, under
ch. 985, in the county in which the dam is situated.
31.187(2) (2) Whenever the department determines that the conservation of any species or variety of wild animals
will be promoted thereby, the department may maintain and repair any dam located wholly upon lands the title to which is
in the state either as proprietor or in trust for the people after giving due consideration to fixing the level and regulating
the flow of the public waters.
31.187 History History: 1983 a. 27 s. 687; Stats. 1983 s. 31.187; 1991 a. 316.
31.187 AnnotationThis section, and not s. 31.185 or 283.31, governs removal of a dam by the DNR. There is no statutory authority to grant injunctive
relief against the DNR when it causes damages during a dam removal. Froebel v. DNR, 217 Wis. 2d 652, 579 N.W.2d 774 (Ct. App. 1998), 97-0844.
The Notice process is located here: http://docs.legis.wisconsin.gov/statutes/statutes/985.pdf
Even if the DNR initiates this process, a responsible party may still step up during that notice time to apply to authorize
and own.
I think the next step is to meet with the City to determine if they wish to be owners of the dam. I can explain the
process and their responsibilities if they choose to go that route. If the City does not wish to own the structure, I will still
allow for a time period for another group or individual to apply for ownership. I want to give ample opportunity as I
know there are people who strongly desire for this structure to remain. The DNR will likely authorize this structure as
long as the owner can show financial responsibility and repairs the dam as needed.
However, the DNR can’t let the structure exist indefinitely without an owner and will initiate the abandonment process
if needed.
The DNR will also work with the City to remove the structure using DNR grant funds. The advantage of this over the DNR
abandonment/removal process is that the DNR will not do any extensive restoration as part of the removal and the City
could include a more in-depth restoration of the area.
2
Please let me know a time/place to discuss these options.
We are committed to service excellence.
Visit our survey at http://dnr.wi.gov/customersurvey to evaluate how I did.
Michelle Hase, P.E.
Phone: (262) 574-2127
michelle.hase@wi.gov
From: David Simpson [mailto:DSimpson@cityofmuskego.org]
Sent: Friday, October 31, 2014 1:56 PM
To: Ronald Ford
Cc: Kathy Chiaverotti; Neil Borgman; Hase, Michelle M - DNR
Subject: RE: Status of Jewel Crest Dam issue?
Ron,
We are awaiting the WDNR legal opinion as to ownership. Once we have that we will place this item on a future
Public Works Committee agenda for further discussion. Thanks, Dave
David Simpson, P.E.
Director of Public Works/City Engineer
City of Muskego
Direct- (262) 679-5686
This message originates from David Simpson. It contains information that may be confidential or privileged and is intended only for the individual named
above. It is prohibited for anyone to disclose, copy, distribute or use the contents of this message without permission, except as allowed by Wisconsin
Public Records Laws. If this message is sent to a quorum of a governmental body, my intent is the same as though it were sent by regular mail and further
distribution is prohibited. All personal messages express views solely of the sender, which are not attributed to the municipality I represent, and may not be
copied or distributed without this disclaimer.
From: Ronald Ford [mailto:ronski2007@hotmail.com]
Sent: Thursday, October 30, 2014 9:52 AM
To: David Simpson; michelle.hase@wisconsin.gov
Cc: Kathy Chiaverotti; Neil Borgman
Subject: Status of Jewel Crest Dam issue?
Good Morning Michelle and Dave,
This morning there were two people inspecting the Jewel Crest Dam. Can you give us an update on the
status of that matter? It has been quite a while since the residents here have had an update.
On a somewhat separate matter, once again the lake is drawn down so far that riparian owners in this
area will not have access to the lake from our homes for ice fishing, ice skating, and other winter time
lake activities. There is so little water left up here that it does not freeze due to the current. So for six
months of the year or more we do not have lake frontage. One of my riparian neighbors tried to sell
their house last winter and the number one question that the prospective buyers asked was "Where's
the lake?! This is also one of the best times of the year to go fishing and we cannot get our boats to
the lake.
Michelle, would you be able to get me a copy of the original DNR operating order that gives the City of
Muskego permission to lower the lake each winter? That would date to the early or middle
3
seventies. Thanks for any help you can offer.
Thank you,
Ron Ford
CORRECTED* and Unapproved
CITY OF MUSKEGO
CONSERVATION COMMISSION MINUTES
September 17, 2014
7:00 PM
City Hall , W182 S8200 Racine Avenue
PLEDGE OF ALLEGIANCE
Chairman Pilak called the meeting to order at 7:00 PM.
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Committee Members: Len Pilak, Ald. Rob Wolfe, Sharon Roy, Howard Schneider,
William Miller, Julie Holubowicz, and Barb Schroeder. Staff: Tom Zager and Jessica Quinlan.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES OF JUNE 12, 2014.
Alderman Wolfe made a motion to approve the minutes of June 12, 2014. Julie
Holubowicz seconded.
Motion Passed 7 in favor.
PROJECT UPDATES
Badertscher Preserve developments
UNFINISHED BUSINESS
Emerald Ash Borer update and management recommendations
Proposed trails and trail uses at Badertscher Preserve and Ridges Site
Proposed removal of dam structure on Jewel Creek
Michelle Hase, DNR Representative, gave 3 options for the dam. The City could apply to the
DNR to take ownership of the dam, a group of residents can form an association, and if they
have the financial means to take care of the dam, can apply for ownership, or no one can take
ownership and the DNR will declare it abandoned and will remove it. Ms. Hase explained
seepage in dams may cause concrete failures underneath the surface. Sinkholes could form;
which will become a liability issue. An engineer should be hired to determine if it is safe.
Ben Heussner, DNR Representative, explained in this situation there is more benefit to the fish
habitat if the dam were removed.
Ron Ford expressed emotional connection of the dam to generations of Musekgo residents.
Public access is used for recreation like swimming and fishing. The dam provides great fish
habitat. Removing the dam will remove an opportunity for children to connect with nature.
*William Miller made a motion to remove or abandon the dam. Julie Holubowicz
seconded.
Motion Failed 3 in favor 4 opposed.
*Barb Schroeder made a motion to take ownership of the dam. Howard Schneider
seconded.
Motion Passed 4 in favor 3 opposed.
NEW BUSINESS
Discuss the property modified Preliminary Plat of Wildflower Farms subdivision
Mr. Zagar explained the subdivision preliminary plat for Wildflower Farms, originally approved
in October 2007, dedicated land adjacent to city conservation land. The area is alos within the
Big Muskego Lake State Wildlife Area project boundary. A redelineation of the wetland areas
was recently required and is now found to be affecting the layout of the development and two
lots were lost.
Jim Doering, developer, was present and explained they have reconfigured the lots and picked
up the lost lots in other areas, but will have an impact on the outlot to be dedicated to the city.
Mr. Doering stated the goal is to maintain 51 lots. Council approval may be needed to allow
smaller lots.
Mr. Zagar added that with this proposal there are considerations of creating a park in this area
and trails. Mr. Zagar added he would like to keep what was originally proposed, however, if
there is some other benefit such as city park land, staff would recommend considering the
reconfiguration of the new lots. Mr. Zagar questioned if the lots not affected by the wetland
delineation could be reconfigured/shrunken to keep 51 lots without moving into the dedicated
conservancy land.
Len Pilak made a motion to recommend approval of a redesign/revision for smaller
lots and retain the outlot as originally approved on the preliminary plat. William
Miller seconded.
Motion Passed 6 in favor 1 opposed.
Barb Schroeder made a motion to recommend to Council that the Conservation
Commission is receptive to a smaller dedication size if there are other benefits to the
city. William Miller seconded.
Motion Passed 7 in favor.
Ald. Wolfe voted no.
Discuss wetland restoration project on Big Muskego Lake State Wildlife Area
Mr. Zagar noted that MMSD stormwater funds may be applied to this project.
MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
Len Pilak adjourned the meeting at 8:34 PM.
Respectfully submitted,
Kellie McMullen,
Recording Secretary
CITY OF MUSKEGO
Staff Report to Public Works Committee
To: Public Works Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Review request for temporary cessation of sanitary sewer and refuse
collection fees for W180S7695 Pioneer Drive
Date: February 13, 2015
The attached letter was received from the owners of the building on Pioneer Drive
that recently experienced a structure fire. The owners are asking for consideration
to an exemption from or policy related to billing for sanitary sewer and refuse
collection fees.
Our current policy for these situation states that the owners shall pay for the base
sewer fee and refuse/recycling collection. For this particular building the cost per
month would be $31.87 ($95.60 per quarter). The reasoning for this is that because
the building is still physically connected to the sewer system there is likely still water
entering the sanitary sewer which must be conveyed and treated. The
refuse/recycling bill is still collected because there is no way to know if there is
garbage collection occurring or not.
We only allow for elimination of the sanitary base fee if the structure is disconnected
from the system completely. We currently only allow for elimination of the
refuse/recycling fee if the structure is razed. I will check with our vendor if the
committee would like to see if they would be willing to stop charging for
refuse/recycling.
Recommendation for Action by Committee:
Continue with current policy for sanitary charges and only allow temporary
discontinuation for refuse/recycling if our vendor agrees to stop charging.
Page 1 of 1
CITY OF MUSKEGO
Staff Report to Public Works Committee
To: Public Works Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Review request from Briohn Building to waive the requirement for a paved
driveway to access the Moorland Road water tower access
Date: February 13, 2015
The Developer of the northern lot at Commerce Drive was required to install a hard
surface access as part of the Development of that lot as part of the CSM that created
the land divsion (see Note #2 on attached CSM).
The builder questioned that requirement so staff felt that a potential compromise
would be a maintenance agreement that would require the owner to maintain the
gravel driveway. The Developer does not wish to install a hard surface or complete
a maintenance agreement so they are requesting a release from that requirement
(see attached).
There is a concern that plowing activates will displace the gravel which will require
yearly maintenance from the City. Also, we are concerned that dust may be a
problem with the building owner and the cars that are parked there may complain
of dust on their vehicles as well.
Recommendation for Action by Committee:
Require a paved driveway be installed as part of the project prior to issuance of an
occupancy permit.
Page 1 of 1
S08°4 '40"W
c\F3 i
NE. 1/4
SEC. 3-T5N-R2OE
.58'
I
255' R/W
LOCATION MAP
cr) 588°45'40'
6.28' o
C —.
b 7 0 1-)
Ill
- - -
f....r.: ;..-... *1 NELSON
_
g
'1. 5-2721 a--t-- :.-.
7..i.
..\ OCONOMOWOC, f 4....".
WI o e
4... - ,-.._ 1 i r.:k N '', - .%-',
/ ANNETTE C.
504°12'07"E
Er;
6
0 100 200
400
11,111111131j111111
CERTIFIED SURVEY MAP NO.
BEING ALL OF LOT 1 CERTIFIED SURVEY MAP NO. / 05j/ LOCATED IN THE NORTHWEST 1/4,
AND SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 3, TOWNSHIP 5 NORTH, RANGE 20 EAST,
IN THE CITY OF MUSKEGO, WAUKESHA COUNTY, WISCONSIN
SURVEYOR:
ANNETTE C. NELSON, RLS S-2721
YAGGY COLBY ASSOCIATES
PO BOX 180500
DELAFIELD, WI 53018
(262) 646-6855
S 1/4 CORNER SEC.
34-6-20
344,618.46 N00 '2530W
2,503,740.79 50.01
SURVEY FOR:
ACE INDUSTRIAL PROPERTIES, INC.
2300 NORTH MAYFAIR ROAD
SUITE 1175
MILWAUKEE, WI 53226
10' TEMPORARY
LIMITED EASEMENT
PER DOCUMENT NO.
LEGEND
- CONC. MON. W/ BRASS CAP FND.
0® - 2" IRON PIPE FOUND
(UNLESS OTHERWISE STATED)
• - 1" DIA. IRON PIPE SET, 18" LONG,
WT. = 1.13 LBS./UN. FT.
NORTH LINE OF THE
NORTHEAST 1/4
SEC 3-5-20
NI:18'45'40"E 2629.50'
N 1/4
CORNER
SEC. 3-5-20
344,618.06
2,503.717.67
N88°45401:E , 309.99'
-1150.00 . T 159.99'
1-g
588'4540W
NOTE: SEE SHEET 2 FOR
CURVE TABLES
4.9' N OF
CORNER
2.8' EA
1. THE WATER MAIN EASEMENT IS FOR ACCESS
AND MAINTENANCE OF WATER MAIN.
2. THE WATER TOWER CONSTRUCTION AND
ACCESS EASEMENT IS TEMPORARY UNTIL NE
CSM
Lot 2
CITY HAS COMPLETED THE WATER TOWER
CONSTRUCTION. AFTER CONSTRUCTION, THE
EASEMENT WILL BE USED FOR ACCESS TO THE
WATER TOWER SITE VIA A HARD SURFACE DRIVE.
UPON DEVELOPMENT OF LOT 1, THE ACCESS TO
THE WATER TOWER SITE MAY DERIVE FROM HARD
SURFACES OFF THE FUTURE DEVELOPMENTS
PARKING LOT IN WHICH TIME A NEW ACCESS
EASEMENT MUST BE RECORDED DURING TFIE
APPROVAL OF THAT FUTURE DEVELOPMENT OF
LOT 1. 0,061111101/4,49
SCONS
N4411‘,4"--Nte
a
I cc1D-ro
1' IRON
PIPE 0.8'E
•LS'S OF
CORNER
ft
NE CORNER SEC.
3-5-20
344,675.32
2,506,369.50
0
41,852 5.F.
.96 ACRES
c2iR, ,41.5
DEDICATED TO
111-1 11-*Yr .101""
111100 '1111
11111 7711 Hr-oo AAGc
iiimutssiLss
M
„
9
t%
9Z
.
0
0
0
N
S8 cf,C-15'40"W
261.69'
432.87,
44.31
rC4 1
43.361i tia'
crs 0
-4
r?'4-
N66°2'1 "I
162 (Or'
LOT 2
85,712 S.F.
1.97 ACRES 10 TEMPORARY
LIMITED EASEMENT *PER DOCUMENT NO.
2206560
IL IL
15' BIKE PATH
10111111"0:„%-'
EASEMENT
Lot 3
CSM
DETAIL T6'00
TEMPORARY
WATER TANK
CONSTRUCTION AND
ACCESS EASEMENT
20' WATER
MAIN
EASEMENT
188,289 S.F.
4.32 Acns 40' WATER MAIN
BOOSTER STATION 14-7
30 WATER ACCESS EASEMENT
MAIN-1
EASEMENT I \188.50'
LOT 1 SEEETAIL
BEARINGS ARE REFERENCED TO THE WISCONSIN STATE
PLANE COORDINATE SYSTEM, SOUTH ZONE (NAD 1927)
GRID NORTH ON THE WEST LINE OF THE NE 1/4 OF
SECTION 3-5-20 AS S001 9'58"E.
PROJECT NO. 15005 THIS INSTRUMENT DRAFTED BY ANNETTE C. NELSON SHEET 1 OF 5