PUBLIC WORKS AND SAFETY COMMITTEE Packet - 7/20/2020CITY OF MUSKEGO
PUBLIC WORKS AND SAFETY
COMMITTEE AGENDA
07/20/2020
5:00 PM
Muskego City Hall, Council Chambers, W182
S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF MINUTES
Approval of Minutes of the May 18th, 2020 Meeting
STATUS OF PROJECTS
Discussion update. No formal action may be taken on the following:
Great Water Alliance
Hillendale Reconstruction
CTH Y - Racine Avenue - Pilak Creek Tributary Structure Replacement
UNFINISHED BUSINESS
Discussion update and possible action may be taken on any or all of the following:
Request for Additional Turtle Crossing Signs on Durham Drive
NEW BUSINESS
Discussion update and possible action may be taken on any or all of the following:
Request for Hidden Driveway Sign at S75W20051 Hillendale Drive
Request for Waiver from Municipal Code 400-31(B)(1) at W188S7642 Oak Grove Drive
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
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, PLEASE CONTACT MUSKEGO CITY HALL, (262) 679-4145.Packet Page 1
Unapproved
CITY OF MUSKEGO
PUBLIC WORKS AND SAFETY
COMMITTEE MINUTES
May 18, 2020
5:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Alderperson Hammel called the meeting to order at 5:02 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Alderpersons Hammel, Kapusta and Terrence; Scott Kroeger, Director of Public Works and
Development
Guests: Alderperson Madden
STATEMENT OF PUBLIC NOTICE
The meeting was posted in accordance with open meeting laws.
APPROVAL OF MINUTES
Alderperson Kapusta made a motion to approve the minutes of the January 20, 2020, meeting.
Alderperson Terrence seconded.
Motion Passed 3 in favor.
STATUS OF PROJECTS
Discussion update. No formal action may be taken on any of the following:
Great Water Alliance
Director Kroeger stated the contract is out for bid. The link to the Great Water Alliance is on our
website. The East side of Muskego will be greatly affected, including road closures. This is a very large
project that has potential to span 2020 to 2022. The City just finished its third review and have returned
the plans to Waukesha. The Public Information Meeting (PIM) was cancelled due to COVID-19 and will
be rescheduled at a later date.
Hillendale Reconstruction
Director Kroeger stated the City reviewed 90% plans and after many discussions with homeowners and
the engineers on this project, we are working to alter the ditches, where possible, to save as many trees
as possible. Utility coordination has begun and preliminary work may begin this year. The City plans to
put this project out to bid in Nov-Dec 2020, with a start date of March 2021, finishing in Fall 2021.
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:
Before Director Kroeger discussed the New Business listed below, he explained to our new Committee
members how the process works for some of our approvals needed and why they come through Public Page 1 of 2
Approval of Minutes of the May 18th, 2020 Meeting
Packet Page 2
Works.
Acceptance of Public Watermain for Muskego School Apts/Commonwealth
Alderperson Kapusta made a motion to accept the Public Watermain for Muskego School Apts.
Seconded by Alderperson Hammel.
Motion Passed 3 in favor.
Acceptance of Public Watermain for Kwik Trip
Alderperson Kapusta made a motion to accept the Public Watermain for Kwik Trip. Seconded by
Alderperson Terrence.
Motion Passed 3 in favor.
Request for Additional Turtle Crossing Signs on Durham Drive
Director Kroeger read through his memo regarding the requested signage and turned it over to the
Committee for discussion. Alderperson Hammel is not a proponent of more signs. Alderperson Kapusta
wants the City to reach out to the requestor for more specific information. Alderperson Madden
confirmed that there are two signs (one each direction) already located in this area. The Committee
continued to discuss this as a whole.
Alderperson Kapusta made a motion to defer this decision until the City reaches out to the
requestor for more specific location areas and how many additional signs would be needed.
Seconded by Alderperson Terrence.
Motion Passed 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
Director Kroeger stated the City has received numerous phone calls due to all the rainfall on Sunday.
He stated we had a sanitary sewer failure in Lake Forest subdivision. Three manholes also failed. D.F.
Tomasini will be out this week to do the repairs needed. He encouraged any residents present that
wanted to speak to him to wait until after the conclusion of this meeting.
ADJOURNMENT
Alderperson Kapusta made a motion to adjourn at 5:20 PM. Alderperson Terrence seconded.
Motion Passed 3 in favor.
Respectfully Submitted,
Wendy Fredlund
Recording Secretary
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Approval of Minutes of the May 18th, 2020 Meeting
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CITY OF MUSKEGO
Staff Report to Public Works and Safety Committee
To: Public Works and Safety Committee
From: Scott Kroeger, PE, PLS, Public Works and Development Director
Subject: Request for additional Turtle Crossing Signs on Durham Drive (Update)
Date: May 18, 2020 (Revised July 20, 2020)
The City of Muskego Public Works and Safety Committee has received a request to install
additional Turtle Crossing signs on Durham Drive. Currently, there is one “Turtle
Crossing” sign located south of the Durham boat launch on the west side of the road for the
cars traveling south.
The request is to add additional turtle crossing signs on Durham. I have inserted the
request for you to review.
“I am contacting you to request additional turtle crossing signs on Durham. (There's only 1!)
There are many baby turtles being run over. Also, drivers are swerving to avoid them putting
people at risk for accidents. Please consider the request. Thank You
Donna Klappa
S68W12584 Woods Rd”
From an engineering standpoint here are my findings:
1. There is already a turtle crossing sign and not sure if additional signs would add
more benefit
2. According to MUTCD (Manual on Uniform Traffic Control Devices for Streets and
Highways) Chapter 2C – Warning Signs. Section 2C.02 Warning Signs = “The use
of warning signs should be kept to a minimum as the unnecessary use of warning
signs tends to breed disrespect for all signs.”
There are three locations requested by the individual:
On Durham, near the pond by Belle Chasse Pkwy.
On Durham, near Hawks Trail by the pond
On Moorland Road between Janesville and Woods road. Near the large pond.
Recommendation for Action by the Committee:
The committee should listen to all opinions and make a decision on this manner. If the
decision is to add more signs, please indicate the number of signs, and the location(s) in
reference to the existing sign.
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Request for Additional Turtle Crossing Signs on Durham...
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CITY OF MUSKEGO
Staff Report to Public Works and Safety Committee
To: Public Works and Safety Committee
From: Scott Kroeger, PE, PLS, Public Works and Development Director
Subject: Request for Hidden Drive Sign (S75 W20051 Hillendale Drive)
Date: July 20, 2020
A request has been made by a resident for a warning sign of “Hidden Drive” to be put up for the
house located at the following residence, S75 W20051 Hillendale Drive. This house is located at
the intersection of Field Drive and Hillendale Drive.
Example of a “Hidden Drive” Sign
This photo is looking northeast at the intersection. Please note the driveway is located at
the intersection. The mailbox can be seen in front of the stop sign.
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Request for Hidden Driveway Sign at S75W20051...
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This photo is looking northeast at the intersection. Please note the driveway is located at
the intersection.
The photos show that the foliage has been cut down enough to see the mailbox for the
driveway. The stop sign is located right near the intersection. There is also a stop ahead
warning sign along Hillendale Drive.
Accident Data (Last 5 years)
There has been one accident at the intersection in the last five years. A vehicle heading south on
Hillendale Drive failed to stop at intersection and hit a car turning left from Field Drive onto
Hillendale Drive. I have attached the report have occurred in front of his residence.
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Request for Hidden Driveway Sign at S75W20051...
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Recommendation for Action by the Committee:
City of Muskego staff would not recommend a hidden drive sign be place for this drive. The
reasoning is due to how close this driveway is located to the intersection. There is a stop sign
that is located right at the driveway. Traffic is coming to a complete stop at the driveway
entrance. The stop warning sign and stop sign is making traffic slow down and come to a
complete stop at the driveway. It would be redundant to have a Hidden Drive Sign in this same
area.
City of Muskego DPW staff definitely needs to keep trimming trees in the right of way along
Hillendale Drive. This will allow vehicles to see the mailbox, driveway, and Stop sign.
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Agency Accident Number
AC
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Police Number
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Reportable Accident On Emergency Amended MNKVBF8
DOT Document Number Document Override Number
15-22642
15
-
2
2
6
4
2
15-22642
15
-
2
2
6
4
2
12/02/2015
4 - Accident Date
0820
5 - Time of Accident (Military Time)
02
6 - Total Units
00
7 - Total Injured
00
8 - Total Killed
WAUKESHA - 67
2 - County
MUSKEGO - 74, CITY
3 - Municipality INTERSECTION11 - Accident Location
14 - On Hwy No.
HILLENDALE DR
14 - On Street Name 14 - Bus/Frnt/Rmp 15 - Est. Distance 15 - Hwy. Dir
16 - Fr/At Hwy No.
FIELD DR
16 - From/At Street Name 16 - Business/Frontage/Ramp
17 - Structure Type 17 - Structure Number
42.908740
12 - Latitude
-88.164886
13 - Longitude
MOTOR VEHICLE IN TRANSPORT
80 - First Harmful Event
HEAD ON
93 - Manner of Collision
NO CONTROL
112 - Access Control
CURVE
113 - Road Curvature
HILL
113 - Road Terrain
BLACKTOP, BITUMINOUS, OR ASPHALT - 2
Surface Type
NOT-PHYSICALLY-DIVIDED-(2-WAY TRAFFIC)
115 - Traffic Way
ON-ROADWAY
117 - Relation To Roadway
DAYLIGHT
114 - Light Condition
WET
116 - Road Surface Condition
SNOW
118 - Weather
Hit and Run
9
Government Property
9
Fire
9
Photos Taken
9
Trailer or Towed
9
Truck, Bus, or Hazardous Materials
9
Load Spillage
9
Construction Zone
9
Names Exchanged
9
Supplemental Reports
101
Witness Statements
102
Measurements Taken
103 79 - E M S Number
Operator/Pedestrian
OP
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A
T
O
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/
P
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S
T
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Unit Status
MOTOR VEHICLE IN TRANSPORT
81 - Most Harmful Event: Collision With
SOUTH
23 - Dir Of Travel
35
24 - Speed Limit
D CLASS
36 - Operating as Classified 37 - Endorsements 35
Operating Commercial Motor Vehicle
R5621608703103
29 - Driver's License Number
WI
30 - State
2019
31 - Expiration Year 34 - On Duty Accident
RAMIREZ MONTOYA
25 - Operator/Pedestrian Last Name
DANIEL
25 - First Name 25 - Middle Initial 25 - Suffix
01/31/1987
32 - Date Of Birth
MALE
33 - Sex
8014 W DONGES BAY RD
26 - Address Street & Number 26 - PO Box
MEQUON
27 - City
WI
27 - State
53097
27 - Zip Code
(414) 312-1924 EXT.
28 - Telephone Number
FRONT-SEAT-LEFT-SIDE-(MC/BIKE DRIVER, TRAIN CONDUCTOR)
39 - Seat Position
SHOULDER-BELT-AND-LAP-BELT-USED
40 - Safety Equipment
N - NO APPARENT INJURY
38 - Injury Severity
DEPLOYED
41 - Airbag
NOT-EJECTED
42 - Ejected 44
Medical Transport
NOT-TRAPPED
43 - Trapped/Extricated 92 - Pedestrian Location 92 - Pedestrian Action
GOING-STRAIGHT
119 - What Driver Was Doing
STOP-SIGN
120 - Traffic Control
01
62 - No. of Citations Issued
346.18(3)
64 - 1st Statute No.64 - 2nd Statute No.64 - 3rd Statute No.64 - 4th Statute No.64 - 5th Statute No.
FAIL-TO-YIELD-RIGHT-OF-WAY, INATTENTIVE-DRIVING, DISREGARDED-TRAFFIC-CONTROL
122 - Driver Factors
APPEARED NORMAL
88 - Driver or Pedestrian Cond
NEITHER-ALCOHOL-NOR-DRUGS-PRESENT
89 - Substance Presence
TEST NOT GIVEN
90 - Alcohol Test 90 - Alcohol Content
TEST NOT GIVEN
91 - Drug Test
01
Accident Report
of
MV4000e 01/2005
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Request for Hidden Driveway Sign at S75W20051...
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VE
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Vehicle
Vehicle Owner
Insurance
School Bus
IN
S
91 - Drugs Reported
SNOW,-ICE,-OR-WET
124 - Highway Factors
AUTOMOBILE
21 - Unit Type
PASSENGER-CAR
Vehicle Type
01
22 - Total Occupants
167MUP
56 - License Plate Number
AUT
57 - Plate Type
WI
58 - State
2016
59 - Exp Year
2G2WP552681100783
55 - Vehicle Identification Number
2008
50 - Year
PONT
51 - Make
GRAND PRIX
52 - Model
4D - 4DR
53 - Body Style
SIL
54 - Color 100 - Skidmarks to Impact (Ft)
FRONT, FRONT PASSENGER SIDE, FRONT DRIVER SIDE
94 - Vehicle Damage
SEVERE
95 - Extent Of Damage
Vehicle Towed Due To Damage
96
JOHNNIES TOWING
97 - Vehicle Removed By
NOT-APPLICABLE
123 - Vehicle Factors
45
Vehicle Owner Same As Operator
46 - Vehicle Owner Last Name 46 - First Name 46 - Middle Initial 46 - Suffix Date Of Birth
LOUS AUTO BODY DIV OF RUSCO MOTORS INC
46 - Company Name
3940 S 13TH ST
47- Address Street & Number 47 - PO Box
MILWAUKEE
48 - City
WI
48 - State
53221
48 - Zip Code
(414) 481-9449 EXT.
49 - Telephone Number
ARTISAN-AND-TRUCKERS-CASUALTY-CO
63 - Liability Insurance Company
Policy Holder Same As Owner
60
61 - Policy Holder Last Name 61 - Policy Holder First Name
DANIEL RAMIREZ MONTOYA
61 - Policy Holder Company
01
01
01
01
BU
S
FromTo
Bus Travelling to/from School Name Body Make Seating Capacity
School District Contracted With
Operator/Pedestrian
Unit Status
MOTOR VEHICLE IN TRANSPORT
81 - Most Harmful Event: Collision With
EAST
23 - Dir Of Travel
35
24 - Speed Limit
D CLASS
36 - Operating as Classified 37 - Endorsements 35
Operating Commercial Motor Vehicle
S5628176471703
29 - Driver's License Number
WI
30 - State
2019
31 - Expiration Year 34 - On Duty Accident
SOMMERS
25 - Operator/Pedestrian Last Name
TERRY
25 - First Name
S
25 - Middle Initial 25 - Suffix
06/17/1964
32 - Date Of Birth
FEMALE
33 - Sex
Accident Report
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Request for Hidden Driveway Sign at S75W20051...
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VE
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Vehicle
Vehicle Owner
Insurance
OP
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IN
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S75W21015 FIELD DR
26 - Address Street & Number 26 - PO Box
MUSKEGO
27 - City
WI
27 - State
53150
27 - Zip Code
(262) 955-3629 EXT.
28 - Telephone Number
FRONT-SEAT-LEFT-SIDE-(MC/BIKE DRIVER, TRAIN CONDUCTOR)
39 - Seat Position
SHOULDER-BELT-AND-LAP-BELT-USED
40 - Safety Equipment
N - NO APPARENT INJURY
38 - Injury Severity
DEPLOYED
41 - Airbag
NOT-EJECTED
42 - Ejected 44
Medical Transport
NOT-TRAPPED
43 - Trapped/Extricated 92 - Pedestrian Location 92 - Pedestrian Action
MAKING-LEFT-TURN
119 - What Driver Was Doing
NO-CONTROL
120 - Traffic Control
00
62 - No. of Citations Issued
64 - 1st Statute No.64 - 2nd Statute No.64 - 3rd Statute No.64 - 4th Statute No.64 - 5th Statute No.
NOT-APPLICABLE
122 - Driver Factors
APPEARED NORMAL
88 - Driver or Pedestrian Cond
NEITHER-ALCOHOL-NOR-DRUGS-PRESENT
89 - Substance Presence
TEST NOT GIVEN
90 - Alcohol Test 90 - Alcohol Content
TEST NOT GIVEN
91 - Drug Test
91 - Drugs Reported
SNOW,-ICE,-OR-WET
124 - Highway Factors
AUTOMOBILE
21 - Unit Type
PASSENGER-CAR
Vehicle Type
01
22 - Total Occupants
WB9WDQ
56 - License Plate Number
AMA
57 - Plate Type
WI
58 - State
2016
59 - Exp Year
3VWDP7AJ3CM330291
55 - Vehicle Identification Number
2012
50 - Year
VOLK
51 - Make
JETTA SE
52 - Model
4D - 4DR
53 - Body Style
WHI
54 - Color 100 - Skidmarks to Impact (Ft)
FRONT, FRONT PASSENGER SIDE, FRONT DRIVER SIDE
94 - Vehicle Damage
SEVERE
95 - Extent Of Damage
Vehicle Towed Due To Damage
96
JOHNNIES TOWING
97 - Vehicle Removed By
NOT-APPLICABLE
123 - Vehicle Factors
45
Vehicle Owner Same As Operator
SOMMERS
46 - Vehicle Owner Last Name
TERRY
46 - First Name
S
46 - Middle Initial 46 - Suffix
06/17/1964
Date Of Birth
46 - Company Name
S75W21015 FIELD DR
47- Address Street & Number 47 - PO Box
MUSKEGO
48 - City
WI
48 - State
53150
48 - Zip Code
(262) 955-3629 EXT.
49 - Telephone Number
USAA-CASUALTY-INS-CO
63 - Liability Insurance Company
Policy Holder Same As Owner
60
SOMMERS
61 - Policy Holder Last Name
TERRY
61 - Policy Holder First Name
61 - Policy Holder Company
02
02
02
02
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Request for Hidden Driveway Sign at S75W20051...
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School Bus
02
BU
S
FromTo
Bus Travelling to/from School Name Body Make Seating Capacity
School District Contracted With
Trailer
01
TR
L
106 - Power Unit Number License Plate Number Plate Type State Expiration Year
Trailer Make Unit Type Vehicle Identification Number
105 - Photos By
DI
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Diagram and Narrative
THE OPERATOR OF UNIT #1 WAS SOUTHBOUND ON HILLENDALE DRIVE FROM A POSTED STOP SIGN. THE OPERATOR OF UNIT #2
HAD NO TRAFFIC CONTROL. UNIT #2 WAS EASTBOUND ON FIELD DRIVE AND ATTEMPTED TO TURN NORTHBOUND ON HILLENDALE
DRIVE. THE OPERATOR OF UNIT #1 FAILED TO YIELD FROM THE POSTED STOP AND STRUCK UNIT #2. THE OPERATOR OF UNIT #1
WAS CITED FOR THAT VIOLATION.
THE OPERATOR OF UNIT #1 WAS SOUTHBOUND ON HILLENDALE DRIVE FROM A POSTED STOP SIGN. THE OPERATOR OF UNIT #2
HAD NO TRAFFIC CONTROL. UNIT #2 WAS EASTBOUND ON FIELD DRIVE AND ATTEMPTED TO TURN NORTHBOUND ON HILLENDALE
DRIVE. THE OPERATOR OF UNIT #1 FAILED TO YIELD FROM THE POSTED STOP AND STRUCK UNIT #2. THE OPERATOR OF UNIT #1
WAS CITED FOR THAT VIOLATION.
OF
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125 - First Name 125 - Middle Initial
Officer Information
LYNKIEWICZ
125 - Officer Last Name
PETER 150
131 - Officer ID
129 - Law Enforcement Agency No.
MUSKEGO POLICE DEPARTMENT
130 - Law Enforcement Agency Name
W183 S8150 RACINE AVENUE
126 - Law Enforcement Agency Address Street & Number
MUSKEGO
127 - City
WI
127 - State
53150
127 - Zip Code
(262) 679-4130 EXT.
128 - Telephone Number
12/02/2015
132 - Date Notified
0822
133 - Time Notified (Military Time)
0837
134 - Time Arrived (Military Time)
12/02/2015
135 - Date Of Report
15-22642 15-22642
19 - Special Study
18 - Agency Space
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Request for Hidden Driveway Sign at S75W20051...
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CITY OF MUSKEGO
Staff Report to Public Works and Safety Committee
To: Public Works and Safety Committee
From: Scott Kroeger, PE, PLS, Public Works and Development Director
Subject: Request for waiver from Municipal Code 400-31(B)(1), (W188 S7642 Oak Grove
Drive)
Date: July 20, 2020
The request has been made by a resident for a waiver from Municipal Code 400-31(B)(1). The
code is as follows:
Municipal Code Section 400-31(B)(1) regulates the lowest floor elevation, in this case a basement, above
the highest anticipated seasonal groundwater level. The code language is as follows:
Adequate drainage required. No principal building shall be erected, structurally altered, or
relocated on land which is not adequately drained at all times nor which is subject to periodic
flooding, nor so that the lowest floor level is less than two feet above the highest anticipated
seasonal groundwater level. An occupancy permit and zoning permit shall not be issued for any lot
where the grading plan approved for that lot at the time of its platting has not been accomplished.
For homes adjacent to lakes, the City of Muskego uses the Ordinary High Water Mark (OHWM)
to establish the groundwater. The OHWM for Little Muskego Lake is 792.27. The home owners
are proposing to put the basement sport court floor at an elevation of 791.00. This elevation is
3.27 feet below the allowable elevation per code.
Attached are the following documents from the people asking for the waiver:
Waiver request by home owner
Giles Geotechnical report
In 2019, The City of Muskego’s Municipal Code Section 400-31(B)(1) was challenged by
another home owner who wanted to build their house in the groundwater. The matter was taken
upon with the Wisconsin Department of Safety and Professional Services (DSPS). DSPS
determined there was no violation and closed the case.
Attached letter from DSPS
There are several municipalities in Wisconsin that have similar rules. For example, Waukesha
County has a minimum 1 foot separation between ground water and basement floor surface. The
City of Muskego has a lot of low areas with high ground water. Several homes in the City of
Muskego have multiple sump pumps to protect against ground water. With the recent storm
water rain events and the higher than normal ground water that is occurring throughout
Wisconsin, City of Muskego and DPW receive multiple drainage calls after every storm water
event. City of Muskego staff, DPW, and building inspectors have discussion this matter quite
thoroughly over the last two years and do not recommend this waiver.
An example of an entire subdivision dealing with ground water issues is Country Bliss Estates
Subdivision in the Town of Mukwonago. The issue has been going on since in 2008. I
recommend doing some research on this subdivision. I have included a photo below of a
residence who is facing ground water issues in the Country Bliss Estates Subdivision. Page 1 of 50
Request for Waiver from Municipal Code 400-31(B)(1) at...
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Country Bliss Estates Subdivision – Town of Mukwonago 2008
Recommendation for Action by the Committee:
City of Muskego staff would not recommend any type of waiver with this request to build a
residence in the groundwater.
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CENTRAL ADMINISTRATION AND CREATIVE STUDIO
8655 N. Deerwood Dr., Suite One North | Milwaukee, WI 53209
www.wwa-design.com | 414-351-1200 | info@wwa-design.com
July 13th, 2020
Scott Kroeger
Public Works and Development Director
City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150
On behalf of the homeowners at W188 S7642 Oak Grove Drive, William and Dawn Engelking,
Wade Weissmann Architecture has prepared this narrative with the intent to construct an addition on the
property with a lower level slab elevation at 791’, approximately 1.27’ below the city’s assumed OHWM of
792.27’.
Based on the current code, 400-31B(1) No principal building shall be erected, structurally altered, or relocated on
land which is not adequately drained at all times nor which is subject to periodic flooding, nor so that the lowest floor level is less
than two feet above the highest anticipated seasonal groundwater level. An occupancy permit and zoning permit shall not be issued
for any lot where the grading plan approved for that lot at the time of its platting has not been accomplished. Any variances to
this requirement can only be made by the Public Works and Safety Committee.
Giles Engineering Associates, Inc, has conducted a geotechnical analysis of the property and
provided recommendations for both the site preparation and design for construction. Aligning with the city’s
assumed OHWM, the report found the estimated water-table elevation between ±792’ and ±793’. The
proposed lower level slab elevation of 791’ is 2’ higher than the report’s recommended minimum below-grade
floor elevation of 789’. If approved, Giles Engineering Associates, Inc will be present during excavation to
observe and determine whether any further mitigation efforts may be required.
The project will employ several drainage system strategies including but not limited to:
4” Perforated Drainpipe installed in a gravel bed at both the inside and outside of footings.
Multiple sumps equipped with a generator back-up
While the proposed lower level slab exceeds the estimated groundwater table depth by ±2 feet, the
report states that soils at this depth consist of lean clay with very low estimated permeabilities indicating that
significant groundwater inflow will not be encountered. Given the thorough analyses of the property and
planned strategies to reduce the risk of flooding, we believe that provided a waiver, the project will be in
keeping with the intent of the code, providing adequate drainage to protect the homeowners, neighboring
properties and adjacent waterways.
For your additional consideration, please see attached Architectural Drawings C1.00 and A3.01 illustrating the
extent of excavation and location of work on site, as well as a letter from the Owner agreeing to provide a
waiver releasing the City of Muskego from liability arising from damages due to flooding and an agreement to
disclose the existence of a foundation depth in excess of the current municipal guidelines.
Thank you for your consideration,
Thomas Wynn, Architect
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March 14, 2019
Matthew K. McCasland
Wisconsin Department of Safety and Professional Services
PO BOX 7190
Madison, WI 53707-7190
RE:18 COM 199 – City of Muskego
Dear Attorney McCasland,
This letter is to serve as the City of Muskego’s response to the alleged City Code violation relating to the lowest
floor (basement) height of Mr. Forrest Sirovina’s property located at S82 W13115 Acker Drive, Muskego, WI.
Municipal Code Section 400-31(B)(1) regulates the lowest floor elevation, in this case a basement, above the
highest anticipated seasonal groundwater level. The code language is as follows:
Adequate drainage required. No principal building shall be erected, structurally altered, or relocated on
land which is not adequately drained at all times nor which is subject to periodic flooding, nor so that
the lowest floor level is less than two feet above the highest anticipated seasonal groundwater level.
An occupancy permit and zoning permit shall not be issued for any lot where the grading plan
approved for that lot at the time of its platting has not been accomplished.
The two State Code sections that the complainant is stating the City is violating in this instance do not appear
to apply to groundwater separation in any form. Wis. Admin. Code SPS 321.15(3) applies to soil bearing
capacity, not groundwater separation. These are very separate and non-related items. The other cited Code
section from the complainant, Wis. Admin. Code SPS 321.17, relates to when drain tile or pipe systems shall
be installed. The City is not questioning or altering when these systems need to be installed. We agree with
and follow the State’s regulations on this. The groundwater separation requirement is only there to look at how
far the lowest floor is above the groundwater, not soil bearing capacity and not if or what type of drain tile
system is required.
The State Codes do not appear to identify that houses have to be allowed below the groundwater level or that a
municipality cannot regulate floor height above groundwater level. It merely states “a complete drain tile or
pipe system shall be installed around the foundation of dwellings under construction where groundwater occurs
above the bottom of the footing.” It is our understanding from this that if the lowest floor is above the
groundwater level, then no drain tile system is required. This is just clarifying when a drain tile system is
needed. This is similar to when the State Codes state that if a building is over two stories that it has to have a
certain type of egress, but that does not mean that the City has to allow a building that is over two stories tall.
Or when the State Codes state that a dwelling can be located with no lot line setback if certain fire rated
construction occurs, that does not mean that that City has to allow a dwelling with no setback as we are
allowed to have our own setback/offset regulations.
The City’s groundwater separation regulation (Section 400-31(B)(1)) is located within the City’s Zoning Code
(Chapter 400) and not within the Building Code (Chapter 164). If the State Codes allow a Zoning Ordinance to
set a minimum finished yard grade height, why can’t the Zoning Ordinance set a minimum floor height based
on the groundwater level? In the City’s eyes this is a Zoning regulation. This code section has always been in
the Zoning Code and has always been enforced by Engineering and /or Planning staff, not the building
inspectors.
Planning Division
Adam Trzebiatowski, AICP, Planning Manager
(262) 679-4136
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If the City and/or the State where to allow someone to build within known groundwater, there are numerous
concerns that this could bring up within the City. One of the concerns with a home being placed within
groundwater is where all of the discharged groundwater goes once it is pumped to the surface. This water has
the potential of being pumped 24/7 and all of that water has to flow somewhere. This could lead to possible
concerns with ditches and culverts being able to handle this potentially constant flowing water. This could even
possibly lead to potential flooding of adjacent lands/homes and/or the need for further public improvements to
handle a possible constant flow and/or pooling of water.
The City has also looked into how other communities handle seasonal high groundwater levels, since we
believe the State Codes do not address this issue. We have found that this type of separation requirement is
common in many portions of southeastern Wisconsin. Some of the government agencies that have such
regulations include Waukesha County, Town of Mukwonago, Town of Vernon, Village of Menomonee Falls,
and Town of Lisbon, just to name a few. These government agencies require a distance above the
groundwater between one to three feet.
Relating to the past correspondence between DSPS, the complainant, and the City, we want to make sure
some items are clear. Initially, Jenny Roets, a UDC Consultant with DSPS, sent an email to Scott Schulpius on
May 18, 2018 and stated that she believed that the City was being too restrictive with the groundwater
separation requirement. The City did not receive this information until after the Sirovina’s permit was applied
for in August 2018. When the City received this correspondence, one of the City’s Building Inspectors, Jared
Stawicki, reached out to Jenny Roets via phone to discuss this concern on August 30, 2018. Jenny Roets,
from DSPS, stated that this topic was not her area of expertise and that she suggested that we talk with her
supervisor, Michael McNally for more details/information. Per that recommendation, two separate City staff
members, Scott Kroeger – Public Works & Development Director and Jared Stawicki – Building Inspector, then
reached out to Michael McNally via phone. Scott and Jared both had very similar conversations with Michael
McNally. In those conversations Michael McNally stated that while he can see this situation both ways, the
only way that he and his Department could make a formal determination would be to have the applicant file a
formal complaint/review through DSPS. This same information was eventually provided to the City in an email
correspondence between Michael McNally and the applicant.
If there are any questions please feel free to contact Kroeger, Public Works & Development Director, at 262-
679-5686 or Adam Trzebiatowski, Planning Manager, at 262-679-5598.
Sincerely,
Scott Kroeger, PE, PLS, ENV SP, MBA Adam Trzebiatowski, AICP
Public Works & Development Director Planning Manager
CC:Jeffrey Warchol, City of Muskego Attorney
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