Public Works Committee Packet 11-18-13
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CITY OF MUSKEGO
PUBLIC WORKS COMMITTEE AGENDA
DATE: November 18, 2013
TIME: 6:00 P.M.
LOCATION: Aldermen’s Room – Upper Level of City Hall
W182 S8200 Racine Avenue
Muskego, WI 53150
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
APPROVAL OF MINUTES OF MEETING HELD September 16, 2013
STATUS OF PROJECTS
Discussion update. No formal action may be taken on any of the following:
1. Janesville Road Reconstruction
2. Racine Avenue Recreational Trail
3. 2013 Road Program
4. Gold Drive Storm Sewer
5. Horn Park Drive Storm Sewer
6. Misc. Drainage Projects
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 the following:
1. Review request from S79 W16111 Bay Lane Place to allow construction of a parking area within
existing public right of way
2. Review request for installation of a cul-de-sac on Riese Drive
3. Review termination and release of drainage easements for Northern Gear Property
4. Approval of Storm Sewer and Drainage Easements for Gold Drive Storm Sewer Project
5. Annual review of Sanitary Sewer standby charges and ready to serve properties.
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
PLEASE NOTE: 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.
Unapproved
CITY OF MUSKEGO
PUBLIC WORKS COMMITTEE MINUTES
September 16, 2013
6:00 PM
Aldermen’s Room – Upper Level of City Hall,
W182 S8200 Racine Avenue
CALL TO ORDER
Ald. Neil Borgman called the meeting to order at 6:00 PM.
PLEDGE OF ALLEGIANCE
Ald. Borgman led those present in the Pledge of Allegiance.
ROLL CALL
Also present were Ald. Bob Hammel and Public Works Director David Simpson. Ald. Dan
Soltysiak excused.
STATEMENT OF PUBLIC NOTICE
This meeting was noticed in accordance with the Open Meeting Laws on September 11, 2013.
APPROVAL OF MINUTES HELD August 19, 2013
Alderman Hammel made a motion to approve minutes from August 19, 2013,
Alderman Borgman seconded.
Motion Passed 2 in favor.
STATUS OF PROJECTS
Janesville Road Reconstruction
Racine Avenue Recreational Trail
2013 Road Program
Gold Drive Storm Sewer
Horn Park Drive Storm Sewer
Misc. Drainage Projects
NEW BUSINESS
Review Request by Inpro Corporation for Paving of Apollo Drive Shoulder
Alderman Hammel made a motion to install a 4' paved shoulder in conjunction with
the annual road program in 2014 in location shown on the south side of Apollo Drive.
Alderman Borgman seconded.
Motion Passed 2 in favor.
Update Regarding Curbside Recycling Collection
2013 Leaf Collection Schedule
Present Draft Sewer and Water Budget
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
Alderman Borgman made a motion to adjourn at 6:26 PM. Alderman Hammel
seconded.
Motion Passed 2 in favor.
Jeanne Struck
Recording Secretary
CITY OF MUSKEGO
Public Works Committee
To: Public Works Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Review request from S79 W16111 Bay Lane Place to allow construction
of a parking area within existing public right of way
Date: November 12, 2013
The City of Muskego has received a request from the residents of S79W16111 Bay Lane
Place to allow the installation of a parking area adjacent to their garage within the public
right-of-way at their cost (see attached e-mail). The petitioner is requesting that an area
that is currently grass be altered to allow for the installation of a gravel parking area.
This would include the installation of a retaining wall on their property and removal of
access soil to create a flat area for daily parking. The attached pictures and exhibit were
submitted by the petitioner. The north-south section of Bay Lane Place, where this
parking area would be located is privately maintained, therefore, the residents requesting
this alteration would need to access this parking area from the east-west portion of Bay
Lane Place which is maintained by the City.
The petitioner has also applied for permission (and was granted a permit) to install a
parking area on the West side of their garage which would be on their private property.
The area next to their garage is approximately 12 feet wide. City code requires that any
gravel be at least 3 feet away from a property line which would leave approximately 9
feet to utilize for parking of vehicles as long as they are regularly used. Use of this area
will partially block the neighbor’s view and may not be looked upon favorably, however,
it technically is allowed under current code. The attached minutes and approval letter
reflect the fact that when a variance was given to build the existing garage, the neighbors
were concerned about the view being blocked so the Board required the petitioners to
build the garage into the hill.
Allowing this parking area with a revocable occupancy permit would not adversely affect
City operations such as plowing. Letters were sent to all neighbors that reside on both
dead ends that are past this property. There have been some neighbors against the
proposal and I believe that they will be at the meeting to discuss their concerns.
Recommendation:
Discuss the proposal and hear from the petitioners and neighbors before making a
decision.
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David Simpson
From:Cindy Salentine <cinsalenti@aol.com>
Sent:Wednesday, November 06, 2013 11:36 AM
To:David Simpson
Subject:Salentine Proposal - I will send photos separate
Dear Dave Simpson and Aldermen,
Our names are Scott and Cindy Salentine and we live at S79 W16111 Bay Lane Place on Bass Bay Lake. While living on a
lake can be wonderful, it also comes with some challenges like restricted space.
What we are asking for is permission to put a driveway/parking area to the East of our garage which happens to fall
within the city right of way property. A revocable occupancy permit and your permission is what we have been told
would be needed to accomplish this request.
Dave Simpson and Jeff Muenkel were kind enough to come out to our house to see what we had to work with and
helped us understand what city ordinances we had to contend with and what our options may be.
Proposal:
Putting in a gravel parking area that is 45x20 feet. Since we need to be 3 feet from our garage we would, according to
city rules, need to place a retaining wall on our portion of the property all along the side and at the front of the parking
area since we would be digging into the ground. Currently our garage is about 4‐6 block courses underground. We would
also leave a 4 foot grass strip between the parking area and the existing private road used for public access. This way we
would only be accessing the Bay Lane Place public road and would not be disturbing or using the private road at all. We
completely and unequivocally understand that if the city were ever to put a public road in this right of way area, we
would lose that space for parking along with any money put toward the building of the parking area. We also
understand that if this should happen the city is NOT responsible for any cost reimbursement.
Currently we have enough parking next to our home on a very small pad that accommodates 2 vehicles. And the
driveway coming off of the garage is about 10 feet wide, too small to park a car without half the car hanging out into the
street. We also have a very strange 1 1/2 car garage that is 35x12 and currently stores everything a typical person would
put in their basement. Unfortunately, we are one of two homes in our area that does not have a basement. We also
spend $1000’s a year in storage facilities to house our boat, camper, and other items while our neighbors store similar
items outside on empty properties in the neighborhood that they don’t own.
The main reason we are requesting this extra space is because we are soon going to be introducing two new drivers into
our family and parking will be a huge issue especially in the winter. We have entertained parking on the street however
my husband, being a Captain on Tess Corners Volunteer Fire Department, really frowns upon that because, “Emergency
vehicles should be able to freely access the streets to reach the Muskego citizens.” And because we live on a
substandard road, two vehicles have difficulty passing at one time.
We feel our request falls in line with everyone else who lives on the private road as they all have driveways that cross
the right of way. If a city road were to go through, everyone on this road would lose part of their driveways and front
yards. So we are asking to put in a driveway/parking area just like everyone else has except our home is on the opposite
side of the road and not connecting like theirs. Also, when we built our garage, instead of letting this piece of property
sit and become a weed infested mess, we went ahead and sodded and maintained this area for over 20 years. We didn’t
feel it was necessary to use tax payer dollars to ask the city to be responsible for maintaining a small parcel that we
could easily take care of. We would continue to maintain and make the area aesthetically appropriate with the rest of
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the neighborhood. We would not use it to store boat lifts, boats, trailers, etc. as many people in the area do. It would
strictly be used for daily moving vehicles.
Please understand, many people have gone ahead and put in driveways, trees, gardens and other things in the right of
way area even though it is in violation of the city ordinance, not caring what impact it has. However, out of respect for
you as a board, the city and any permit requirements, we have done our due diligence in finding out how to follow city
ordinances and pay any fees. Not ignore the ordinance and beg forgiveness later. I also asked Alderman Kevin Kubacki to
come out and take a look at our situation. He was kind enough to visit with us on Wednesday the 6th. He should be
contacting you, but if you have any questions for him please feel free to contact him.
Alderman Kubacki also told me to make you aware that the neighbor next door to me did put a driveway in off the
private road in the right of way without permission from the board. And when he did that nobody on the private road
had an issue with it at all. We are not asking for use of the private road at all. Therefore, we can see no reason why it
would impact anyone in the area. He also wanted me to let you know that all of the neighbors on the private road have
violated the right of way ordinance in one way or another.
Please be aware of any malice that may come from neighbors on the private road. For some reason Vicki Knapp has
convinced the rest of the group that they somehow OWN the property next to OUR garage. She also states that the City
would have to buy the road from the people on the private road if it was ever determined it would be made a public
road. While I have done my homework and asked all the right questions, I have found no evidence that shows any one
but the city owns this piece of property. Even Dave said if anyone were to own it, because it joins our property, it would
probably be ours. Not a neighbor who lives two doors away. However, Dave did confirm it was city right of way property.
When one neighbor can put in a parking area in the right of way and it’s fine and another one can’t it’s evidence that this
is a witch hunt against us. However, I am confident decisions are not made based on neighbors differences.
We ask that you take all of our hardships into consideration and sift through all of the neighborhood nonsense while
making a decision. Thank you for your time and consideration in this matter.
We appreciate it greatly!
Scott and Cindy Salentine
CITY OF MUSKEGO
Public Works Committee
To: Public Works Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Review request for installation of a cul-de-sac on Riese Drive
Date: November 12, 2013
The City of Muskego has received a request from a resident of Riese Drive asking that
the City install a permanent cul-de-sac. The resident has expressed concerns to the
Mayor related to safety of pedestrians because of vehicles utilizing driveways to turn
around (especially during the festival) because no cul-de-sac is available.
The installation of a cul-de-sac would also be beneficial to delivery, refuse, and plow
trucks. The area of land needed to install the cul-de-sac is already in place (see attached
map), therefore, the only cost will be the construction of the pavement, which would cost
approximately $25,000-35,000. I would propose that the cul-de-sac bulb construction be
added into the annual road program in either 2014 or 2015 depending upon bidding
conditions and the estimated cost of reconstruction of the already planned roadways for
those years. Riese Drive would also be reconstructed at that time as it is in need of
repair.
Recommendation:
Construct a cul-de-sac on Riese Drive in conjunction with the annual road program in
2014 or 2015 with the final construction year to be determined with future budgetary
analysis.
0 30 60Feet
11/12/2013CREATED BY mapMUSKEGO:
CITY OF MUSKEGO
Public Works Committee
To: Public Works Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Review termination and release of drainage easements for Northern Gear
Property
Date: November 12, 2013
The City of Muskego has received a request from Northern Gear to officially release
portions of existing drainage easements that are no longer needed. The attached
document has been reviewed by the City Attorney and the exhibits have been reviewed
by the Engineering Division.
Recommendation:
Approval of the termination and release of drainage easements for the Northern Gear
Property per the attached document.
N:\DOCS\84486\00100\11573806
Document Number
TERMINATION AND RELEASE
OF DRAINAGE EASEMENTS
Document Title
THIS TERMINATION AND RELEASE OF
DRAINAGE EASEMENTS (“Termination”) is made this
____ day of ___________, 2013 (“Effective Date”) by and
between LION PROPERTIES, LLC, a Wisconsin limited
liability company (“Lion”) and the CITY OF MUSKEGO, a
Wisconsin municipal corporation (“City”).
RECITALS:
A. Certified Survey Map No. 10668 was recorded
on April 15, 2009 as Document No. 3646320 with the
Waukesha County Register of Deeds (“CSM 10668”).
Recording Area
B. CSM 10668 creates certain drainage easements
located on Lot 2 of CSM 10668 (the “Released Property”), as
defined below (collectively referred to herein as “Drainage
Easements”).
C. Lion is the current fee title owner of the
Released Property.
D. Lion and the City hereby desire to terminate
and release the Released Property from the Drainage
Easements.
Name and Return Address:
Daniel A. Kaminsky, Esq.
Davis & Kuelthau, s.c.
111 E. Kilbourn Avenue
Suite 1400
Milwaukee, WI 53202
PIN:
MSKC 2169.993.010
AGREEMENT:
NOW, THEREFORE, in consideration of the recitals and mutual terms and agreements
contained herein, and other good and valuable consideration, the sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. TERMINATION AND RELEASE OF DRAINAGE EASEMENTS. Lion and
City hereby acknowledge and agree that CSM 10668 created the Drainage Easements and that the
portions of the Drainage Easements depicted and described on Exhibit A, Exhibit B and Exhibit C
attached hereto are hereby released from the Drainage Easements, and those portions of the Drainage
Easements are terminated.
2. MUTUAL RELEASE. The parties hereto fully and forever release and discharge
each other, as well as each others’ representatives, successors and assigns from and against any and
all claims, demands, debts, causes of action or other liability of whatever kind or character, accrued
or not, known or unknown, in law or equity, resulting from or arising out of the Drainage Easements
with respect to the Released Property. All legal or equitable interests of the City in and to the
2
N:\DOCS\84486\00100\11573806
Released Property which may have been created by the Drainage Easements are hereby deemed
terminated. This mutual release binds each of the parties as well as their directors, officers,
shareholders, members, and agents.
3. COUNTERPART SIGNATURES. This Termination may be signed in two or more
counterparts, all of which, when taken together, shall constitute one and the same instrument.
(Signatures contained on following page.)
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N:\DOCS\84486\00100\11573806
IN WITNESS WHEREOF, the parties have caused this Termination to be executed and
effective as of the Effective Date.
LION:
LION PROPERTIES, LLC
By: Lion, Inc., Manager
By:
Name:
Title:
CITY:
CITY OF MUSKEGO
By:
Name:
Title:
STATE OF WISCONSIN )
) ss.
______________ COUNTY )
Personally appeared before me this ___ day of __________, 2013, _________________, a
_________________, as ___________ of Lion, Inc., Manager of Lion Properties, LLC, known to
me to be the same person whose name is subscribed to the foregoing instrument and acknowledged
that he/she signed and delivered the said instrument for the uses and purposes therein set forth.
[SEAL]
Printed Name:
Notary Public, State of Wisconsin
My commission:
STATE OF WISCONSIN )
) ss.
____________ COUNTY )
Personally appeared before me this ___ day of __________, 2013, _________________, a
_________________ of the City of Muskego known to me to be the same person whose name is
subscribed to the foregoing instrument and acknowledged that he/she signed and delivered the said
instrument for the uses and purposes therein set forth.
[SEAL]
Printed Name:
Notary Public, State of Wisconsin
My commission:
This instrument was drafted by
Daniel A. Kaminsky, Esq.
Davis & Kuelthau, s.c.
CITY OF MUSKEGO
Public Works Committee
To: Public Works Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Approval of Storm Sewer and Drainage Easements for Gold Drive Storm
Sewer Project
Date: November 12, 2013
The Engineering Division has completed the design of the storm water drainage
improvements for the Gold Drive Storm Sewer Project. I have attached the plans as well
as easement documents that residents have signed in anticipation of construction.
The easements will provide the City with the right to enter onto the properties in order to
construct the storm sewer and swale as shown on the construction plans. We are
currently awaiting relocation of gas facilities that are in conflict with planned storm
sewer, which once completed, will allow for bidding of this project.
Recommendation:
Acceptance of permanent storm sewer and drainage easements as well as a temporary
construction easement.
Memorandum
DATE: November, 2013
TO: PUBLIC WORKS COMMITTEE
FROM: RENEE KOWALIK, UTILITY ACCOUNT CLERK
RE: Annual Review of Sewer Usage Charges for 2014
The Standby Charge is the amount of a single family home. (They are not connected, but sewer is
available)
The Ready to Serve is the amount of (connection charge amount). (ONLY FOR PROPERTIES WITHOUT
INDOOR PLUMBING)
Please review and advise to continue policy.
2180.990
W193 S6871 HILLENDALE DONALD & KATHYRN MASSE
STANDBY CHARGE
2286.994
W203 S10342 NORTH SHORE DR GAIL HORNAK
STANDBY CHARGE
2287.033
S110 W20362 PT DENOON RD B CHRISMAN & S STREHLOW
NO PLUMBING-READY TO SERVE
2213.989 W141S8063 Durham Dr. Paul J Milliger
STANDBY CHARGE new deadline for
connection 12/31/13
2213.993 W141S8042 Durham Dr. Wesley & Lynn Aldridge
STANDBY CHARGE new deadline for
Connection 12/13/13
PER UTILITY COMMITTEE MINUTES-PROPERTIES MUST CONNECT IF
SEPTIC SYSTEM FAILS OR IF PROPERTY IS SOLD.
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HARDSHIP GRANTED:
DUE TO BEING OVER 500’
2180.990
2206.999 distance of lateral 850’ plus need to go around gravel pit PUM 2/05
2213.984 PUM 3/17/08 3 lots over 1,000 feet any further division or if Durham Dr adj to development
gets sewer then they would have to connect.
BECAUSE NO PLUMBING:
2287.033
BECAUSE THEY WEREN’T INCLUDED IN DISTRICT AT THE TIME SEWERS WERE
INSTALLED:
2286.986 conn. 3/27/13
2286.994
Per Ut. Com. 9/16/96 must connect upon approval of land division
Per Ut Com. 10/20/97 review 6/98 & 2/99
CC: UTILITY SUPERINTENDENT