Public Works Committee Packet 3-18-13
Page 1 of 1
CITY OF MUSKEGO
PUBLIC WORKS COMMITTEE AGENDA
DATE: March 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 February 18, 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. Annual Road Program
4. Floodproofing of Structure on Saroyon Road
UNFINISHED BUSINESS
Discussion update and possible action may be taken on any or all of the following:
1. Moorland Dental Center request for refund of sanitary sewer charges.
NEW BUSINESS
Discussion update and possible action may be taken on any or all the following:
1. Discuss Moose Lodge’s request for reduced interest payment related to a deferred sanitary
sewer assessment.
2. Approval of Janesville Road Reconstruction (Lannon to Racine) Stormwater Management Plan.
3. Discuss revised Prioritization of Recreational Trail Construction and potential authorization to
proceed with consultant engineering assistance for 2014 projects.
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.
CITY OF MUSKEGO Unapproved
PUBLIC WORKS COMMITTEE
MINUTES OF MEETING HELD MONDAY, FEBRUARY 18, 2013
Ald. Neil Borgman called the meeting to order at 6:00 PM. Also present were Ald. Robert
Wolfe, Ald. Eileen Madden, Public Works Director David Simpson and Public Utilities
Superintendent Scott Kloskowski.
Ald. Borgman led those present in the Pledge of Allegiance.
The meeting was noticed in accordance with the Open Meeting Laws on February 15, 2013.
APPROVAL OF MINUTES OF DECEMBER 17, 2012
Ald. Madden moved to approve the minutes of December 17, 2012. Seconded by Ald.
Wolfe. Motion carried 3-0.
STAFF REPORTS
None
STATUS OF PROJECTS
Director Simpson gave updates on the following projects:
Janesville Road Reconstruction – County still plans on a mid-June start for Phase II.
Working on utility relocations. Trees have been removed. Everything on track.
Tess Corners Reconstruction – Complete. Repair sink hole. Contractor will be back in
Spring.
Racine Avenue Recreational Trail – 95% plans right now. Have one change to make near
the wetland area. DNR wants us to go around wetlands instead of across.
UNFINISHED BUSINESS
None
NEW BUSINESS
Moorland Dental Center Request for Refund of Sanitary Sewer Charges – Director
Simpson stated he received a request from Moorland Dental Center for a refund for
their sanitary sewer bill for the third quarter of 2012. Moorland Dental Center is
billed for their sanitary usage based on actual water consumption (as all commercial
properties), which is determined by utilizing the water meter which tells the City how
much water was utilized. Moorland Dental Center did not elect to install a deduct
meter, which basically is a meter that would go on your hose bibs or irrigation
systems, anything that would guarantee water would go outside and not down the
drain. Because of that there third quarter bill for sewer usage in 2013 was
approximately $3,900, which is substantially more than their normal quarterly bill of
around $100. A portion of the $3,900 goes to MMSD. In this case it’s about $800.
If we were to consider a refund, we would have to recognize that any commercial
business without a deduct meter would have the same right to come forward and
request a refund. After discussion with Committee and Jason Thompson, DDS,SC,
2
of Moorland Dental Center, as to going back to the contractor that did the plumbing
or a policy change, it was decided to put this on hold and look into it further and
bring it back to the next meeting.
Belle Chasse Phase II- Discussion of Mystic Drive Realignment at Woods Road –
Director Simpson advised Belle Chasse Phase II is scheduled to come forward this
Spring. As part of any new development we look at impacts to the City infrastructure
whether it be sewer, water, storm water, traffic outlets, and miscellaneous items. As
part of this development, Phase II connects the entire subdivision Phase I and
Phase II to Mystic Drive. Mystic Drive is currently aligned with Woods Road but not
at a 90 degree angle. Some point in the past when the land was subdivided at the
corner of Mystic and Woods, whoever was here at the time had the landowner
dedicate the proper right-of-way we would need to realign Mystic at Woods Road.
This has been on the staff’s radar for quite some time to look at the possibility to
make it a safer intersection. When the subdivision discussions occurred in the last
month with this Phase coming through I thought it would be a good time to discuss
the realignment and the impact the subdivision would have on that intersection. I
ran the numbers and came up with Belle Chasse adding about 22% more traffic. I
have estimated the cost of intersection realignment at $60,000, therefore, the
developer’s share would be $13,200. Ald. Madden made a motion to approve a
provision for a lump sum payment of $13,200 to the City. Seconded by Ald. Wolfe.
Motion carried 3-0.
Approval of Belle Chasse Phase II Construction Plans – Phase I plans were
approved back in 2008 per Director Simpson. It is unclear in the minutes if Phase II
was approved at that time. Minutes just say Belle Chasse plans. I’m bringing the
plans back to you for Phase II approval. The plans have not changed from the
original 2008 date. The only changes I would ask the developer to make would be
some grading change in the central portion of Phase II for drainage safety issues.
Other than that everything is the same. The developer has agreed to make the
change. Ald. Madden made a motion to approve Belle Chasse Phase II construction
plans contingent upon technical corrections. Seconded by Ald. Wolfe. Motion
carried 3-0.
Approval of Conveyance of Rights in Valley Drive to Waukesha County – Director
Simpson stated as part of the Janesville Road reconstruction project Waukesha
County does a transportation plat that shows all the strips of land the County has
taken along the right-of-way existing and proposed. The Valley Drive right-of-way
has come into question as to its official dedication during the title search process.
Because of this, the County has decided to purchase the Valley Drive right-of-way
as if it were existing private land. As the County purchases this land, the assumed
easement rights that we own on these lands need to be released so that the new
right-of-way does not have easement encumbrances. City owned water main and
sanitary sewer are within this newly purchased area. As this is a mutually beneficial
project, the County if requesting a no cost conveyance. Ald. Wolfe made a motion to
approve conveyance of rights in land for the Janesville Road reconstruction project
within Valley Drive. Ald. Madden seconded. Motion carried 3-0.
3
Discuss Potential Intersection Analysis- Woods Road & Moorland Road – Per
Director Simpson the intersection of Woods and Moorland is currently a four way
stop. During morning and especially afternoon peak hours the intersection is
experiencing pretty heavy delays. Alderman Wolfe asked me to look at exploring
some alternatives for this intersection. I called some consultants and got some
baseline pricing what it would take to do a full intersection analysis. They were
telling me anywhere from $12K-$15K depending what work we really wanted from
them. That would depend on which alternative we could see as an option. If we
wanted more detail it could be more than $15K or if less under $12K. For this price,
the following scope could be accomplished:
Data Collection -
12-hour intersection count
Crash data, 5-years
Intersection geometrics
20-year traffic projections
Signal warrant analysis
Comparative analysis of stop signs, signal and roundabout for the following elements –
Traffic operations
Safety
Very rough impacts (relatively generic, but will id potential red flags)
Ped/bike accommodations
Written tech memo summary
Conceptual level designs could be created for three design alternatives
The designs could be used to refine the right-of-way impacts and costs for the three alternatives
Should the Committee wish to move ahead with this project, I can utilize funds from
the 2013 Road Program and proceed with enlisting the assistance of a consultant to
complete the project as described in the scope above or as modified by the
Committee. Ald. Borgman made a motion to go ahead with project at the cost of $12K-
$15K necessary to discuss the warrants of the study and direct staff to proceed. Ald.
Madden seconded. Motion carried 3-0.
NEW BUSINESS PLACED ON FILE
None
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
Ald. Madden moved to adjourn the meeting 6:59 PM. Ald. Wolfe seconded. Motion carried
3 -0.
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: Discuss Moorland Dental Center request for refund of sanitary sewer
charges
Date: March 15, 2013
From Last Meeting: The attached was received from Moorland Road Dental Center in regard to a
request for a refund for their sanitary sewer bill for the third quarter of 2012. Moorland Dental Center is
billed for their sanitary sewer usage based on actual water consumption (as all commercial properties),
which is determined by utilizing the water meter which tells the City how much water was utilized. Some
commercial properties elect to have what we call a “deduct meter” installed on all of their plumbing that
will be used for outside irrigation so that they will not be charged for sanitary sewer service from water
utilized in the irrigation process.
Moorland Dental Center did not elect to install a deduct meter, therefore, they are billed for all water
used regardless of whether it is utilized for irrigation. As stated in the letter, a deduct meter was not
installed at the time of irrigation installation, however, they plan to install one.
The third quarter bill for sewer usage in 2012 is $3,895.32 which is substantially more than their normal
quarterly bill (see attached spreadsheet). If we were to consider a refund, we would have to recognize
that any commercial building without a deduct meter would have the same right to come forward and
request a refund. This could be a precedent setting decision that could cost the sewer utility much more
than the cost of a partial refund in this one case. Unfortunately, there is no way to quantify how much
water was actually utilized for irrigation and no way to know if the high water use wasn’t actually from
another issue such as a plumbing leak or overuse.
New Information: Staff was able to discuss this issue further with the MMSD and they have
agreed to refund their access portion of the sanitary sewer bill which is $859.36. As for the
City’s portion of the sanitary sewer bill, we have a few options for consideration below. Staff
recommends that all options only be considered because of this individual circumstance:
1. Adjust the bill to equal the average increase in total gallons used by all customers without deduct
meters (49.5% increase) and apply that average to this bill which would result in a total City usage
bill of $260.67 (a refund of $3,620.92 including the MMSD portion).
2. Adjust the bill to equal the average of percentage increases used by customers including Moorland
Dental Center (MDC) (191.3% increase) without deduct meters and apply that average to this bill
which would result in a total City usage bill of $507.91 (a refund of $3,373.68 including the
MMSD portion).
3. Adjust the bill to equal the average of percentage increases used by customers not including
Moorland Dental Center (MDC) (157.7% increase) without deduct meters and apply that average to
this bill which would result in a total City usage bill of $449.32 (a refund of $3,432.27 including
the MMSD portion).
4. Adjust the bill to equal the next highest bill’s percentage increase (remove outlying high bills) which
would be an increase in usage of 226.3%. This would result in a total City usage bill of $568.93 (a
refund of $3,312.66 including the MMSD portion).
5. Only refund the MMSD portion resulting in a total City usage bill of $3,035.96 (a refund of
$859.36).
Recommendation for Action:
Discuss all options and direct staff to apply refund selected.
Commercial Users without Deduct Meters
2nd and 3rd Quarters of 2012
2nd Qtr 3rd Qtr Percent
1000 Gal 1000 Gal Increase
2162.069 Fennimore Pool 37 80 116.2%
2162.997 Zillig 200 240 20.0%
2165.972.000.01.00 St. Pauls Church 80 134 67.5%
2172.030.003 Moorland Dental 33 572 1633.3%
2174.959 Hartke Park 14 42 200.0%
2192.973 Piggly Wiggly 130 220 69.2%
2195.117 Muskego Nursing Home 410 480 17.1%
2195.981.001.01 Willow Pond 160 200 25.0%
2195.981.003.02 Willow Pond 150 190 26.7%
2195.951.003.03 Willow Pond 160 400 150.0%
2195.981.004 Willow Pond 230 300 30.4%
2196.957 Day Care/Barber 14 25 78.6%
2197.997 Country Squire 95 121 27.4%
2198.001 Lakeview Tavern 93 112 20.4%
2198.984.006 Arby's 81 116 43.2%
2198.985 St Lukes 120 180 50.0%
2198.990.004.02.Dr. Jodies 22 50 127.3%
2198.991.004 Muskego Tire 19 62 226.3%
2198.997 Woodview Terrace 90 110 22.2%
2199.999.022 Muskego Strip Mall 270 320 18.5%
2199.999.065 Pick N Save 180 240 33.3%
2200.996 Lalicata Woods Rd Tap 6 53 783.3%
2207.999.002 Tudor Oaks 1,752 2,491 42.2%
2221.993.000.02 PD 20 50 150.0%
2221.993.000.04 Vetrans Park 3 51 1600.0%
2221.993.000.05 Historical Bldg 3 22 633.3%
2221.993.999.99 Pioneer Center 530 720 35.8%
2222.984.007 Culvers 101 143 41.6%
2223.980.000.08 Muskego Regency 570 650 14.0%
2223.980.000.10 Muskego Regency 220 260 18.2%
2223.994.008 Wesco 70 122 74.3%
2223.994.010 Merit 63 85 34.9%
2223.994.012.05 All Star Rental 18 50 177.8%
2223.994.015 Custom Wire 30 64 113.3%
2223.998.004 Am College Bldg 300 340 13.3%
2225.999.005.01 WI Coil 70 110 57.1%
2225.999.006.01 Precision Screw 10 30 200.0%
2225.999.009 T & S Machining 34 45 32.4%
2225.999.018 Alpha Plastics 122 142 16.4%
2226.998.000.02.00 County Park 10 40 300.0%
2228.999.013 Great Lakes Darts 10 100 900.0%
2229.989.003 Black Tie Auto 15 28 86.7%
2242.984 Muskego Senior Housing 120 160 33.3%
2282.999 Muskego Denoon School 200 310 55.0%
6,865 10,260 49.5%
Average Percentages Including MDC=191.3%
Average Percentages without MDC=157.7%
CITY OF MUSKEGO
Public Works Committee
To: Public Works Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Discuss Moose Lodge’s request for a reduced interest payment on a
deferred sanitary sewer assessment
Date: March 15, 2013
The City has received a request for consideration of a reduced deferred assessment
payout from the Muskego Moose Lodge (attached). The original assessment resolution,
current assessment policy and current assessment are also attached. The original
deferred sanitary sewer assessment in 1992 was $5,287.10, and with interest it is now
approximately $13,879.68. Deferred assessments are in place so that a property owner
with a large property will not be required to pay a large assessment (or subdivide their
land to pay for an assessment) but still required to pay their fair share if and when the
property is divided. Deferred assessments currently accrue interest at 8% with partial
payments allowed which would be applied to interest first.
The Lodge is offering to pay $6,300.00 in exchange for the City considering the
deferred assessment completely satisfied. While this payment would be appreciated it
would potentially set a precedent for any future deferred assessment payments. This
assessment is only due upon land division therefore the Lodge would not have to pay
any of it unless they decide to complete a land division.
Recommendation for Action:
Deny request for a reduced deferred assessment payout.
1
David Simpson
From:Renee Kowalik
Sent:Monday, March 11, 2013 10:02 AM
To:David Simpson
Subject:FW: [FWD: Moose Lodge Sewer Assessment]
From: dl@checkeredflagroofing.com [mailto:dl@checkeredflagroofing.com]
Sent: Monday, March 11, 2013 10:01 AM
To: Renee Kowalik
Subject: [FWD: Moose Lodge Sewer Assessment]
Thank you for all your help Renee!!! Please call me if you have any questions, thank again.
Dave
Dave Lehan
Checkered Flag Roofing
262-331-3481
-------- Original Message --------
Subject: Moose Lodge Sewer Assessment
From: "Thibedeau, Joseph" <joseph.thibedeau@hud.gov>
Date: Mon, March 04, 2013 1:31 pm
To: "'dl@checkeredflagroofing.com'" <dl@checkeredflagroofing.com>
The Muskego Moose Lodge being a corner lot had sewer installed along Janesville
Road and Crowbar Road. It is our understanding that at the time two sewer
assessment where placed against the property as there were two parcels. The
Moose Lodge connected off of one parcel at the time to the building. The other
parcel has not been connected. Being a community based non-profit with limited
funds the Moose Lodge paid for the one connection and received approval to
defer payment of the other sewer assessment. It is our understanding that this
deferment only has a requirement for payment should the property sold. It is
also our understanding that this arrangement was made due to us being a
nonprofit with limited funds and with no intention of selling or connecting from
the other parcel. We understand that the outstanding balance of this deferred
payment accrues interest.
At this time the current board of Officer’s is looking at the possibility of making a
voluntary payment to clear this outstanding obligation with the City. We are
hoping that the City would consider a lump sum payment of something far less
than the current outstanding balance of around $13,900 which includes accrued
interest. This would benefit the City by receiving funds now rather than at some
point in the future that may never occur (sale of property). Our mission as a
2
nonprofit has not changed since being in Muskego since the 1970’s and we plan
to continue being a partner in making our community a better place to live.
We are hoping that the City would consider a lump sum payment of $6,300 to
settle the outstanding obligation. This amount would include the original
assessment amount and approximately $1,000 in interest.
Joseph Thibedeau
City of Muskego Account Payoff Information Page: 1
Account: 107.00170 MUSKEGO MOOSE LODGE 1057 Feb 20, 2013 01:05pm
107.00170 MUSKEGO MOOSE LODGE 1057 District: DEFERRED SEWER ASSESSMENTS
C/O DAVE LEHAM ADMINISTRATOR Location: S86W21693 JANESVILLE
S86W21690 JANESVILLE RD Parcel ID: 2231995
MUSKEGO WI 53150 Phone:
Legal Description:
Late Other/
Principal Interest Fee Unapplied Balance
Prior 10/31/2012 .00 8,462.79 .00 .00 8,462.79
Current 10/31/2013 .00 .00 .00 .00 8,462.79
Current Unbilled .00 129.79 .00 .00 8,592.58
Future 11/01/2013 5,287.10 .00 .00 .00 13,879.68
Total 5,287.10 8,592.58 .00 .00 13,879.68
Total Payoff Balance as of 02/20/2013: 13,879.68
COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #68-92
OF SANITARY SEWER IMPROVEMENTS AND LEVYING
FINAL RESOLUTION AUTHORIZING INSTALLATION
OF SPECIAL ASSESSMENTS AGAINST BENEFITED PROPERTY Highway L West to Crowbar Drive Sewer Project Project MSS-1-92, Assessment District "SE"
WHEREAS, the Common Council of the City of Muskego, Wisconsin, held a public hearing at the City Hall at 7:15 PM on the 10th day of March, 1992, for the purpose of hearing all interested persons concerning the Preliminary Resolution and Report of the
City Engineer on the proposed sanitary sewer improvement within
the area described below and shown on the attached map and heard all persons to speak at the hearing:
Sanitary Sewer Assessment Area for Project MSS-1-92 Assessment District "SE"
LEGAL DESCRIPTION
All that part of the Southwest and Southeast 1/4 of Section 18, Town 5 North,
Range 19 East, bounded and described as follows:
Commencing at the Northwest corner of the Southwest 1/4 of the Southeast 1/4 of
Section 18; thence Easterly 108.24 Feet; thence S 72O 30" E, 229.68 Feet;
thence South 306.90 Feet; thence West 330.00 Feet to a point on the West line
of the Southeast 1/4 of Section 18; thence South along said section line 1,085
Feet more or lees to the Southwest corner of the Southeast 1/4 of Section 18;
thence Westerly along the South line of Section 18, 1,324.62 Feet; thence N
5O 15" W, 347.27 Feet; thence S 75O 45'' W, 275.10 Feet; thence N 05O 45"
W, 333.00 Feet to the centerline of Janesville Road; thence Northeasterly along
said centerline of Janesville Road to the East line of the Southwest 1/4 of
Section 18; thence Northeasterly along a straight line that would intersect
with a point being 130 Feet South and perpendicular of the centerline of
Janesville Road and 225 Feet West of Woods Road to the point of beginning,
together with Tax Key Parcel NOS. 2231.993, 2231.997 and 2231.998.001.
0
See Attached Map
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City
of Muskego as follows:
1. That the report of the City Engineer and any amendments or
modifications thereto pertaining to the construction of the above-described public improvements, including plans and specifications therefore is adopted and approved.
2. That the City of Muskego has or shall advertise for bids
and shall carry out the improvements in accordance with the
City Engineer.
report and any amendments or modifications thereto of the
3. That payment for the improvements be made by assessing the
cost to the property benefited as indicated in the report and any amendments or modifications thereto.
Resolution #68-92 Page 2
e 4. That assessments shown on the report and any amendments or modifications thereto, representing an exercise of the police power, have been determined on a reasonable basis
and are hereby confirmed.
5. The assessments shown on the report and the modifications
thereto conform with the policies of the City of Muskego now in existence to the extent not modified by this Resolution. The City is now reviewing certain of its prior
assessment policies in order to improve the same for the
benefit of those being assessed and the City. The City has not completed its review to the degree necessary to attempt
to change its policies. However, the City as to this
on the modified and amended report: assessment changes those policies as follows as reflected
A. That each parcel being assessed is responsible for the
payment of the assessment in the manner set forth in Paragraph 6 of this Resolution to the extent of 150
whichever is less, plus the cost of all laterals; and
front feet or the number of front feet of the parcel,
B. That the remainder of said assessments are deferred as
stated in assessment policies of the City as modified
by Paragraph 7 of this Resolution.
0 6. That the assessments due pursuant to Paragraph 5 of this
November 1, 1992 or in ten (10) annual installments of
Resolution may be paid in cash in full on or before
principal together with twelve (12) months interest per
installment to the City Treasurer, installment payments to bear interest at the rate of 8% per annum on the unpaid balance commencing on November 1, 1992 and said first
installment being due on the date when real estate taxes
are due and annually thereof. All assessments or installments which are not paid by the date specified shall be extended upon the tax roll as a delinquent tax against
the property and all proceedings in relation to the collection, return and sale of property for delinquent real
estate taxes shall apply to such special assessment, except as otherwise provided by statute.
7. That portion of the assessments against property made by
this Resolution and not collectable pursuant to Paragraphs
5 and 6 of this Resolution shall be deferred pursuant to assessment policies of the City modified as follows:
A. The deferral referred to in this paragraph shall end upon any use being made of any portion of the property
and the responsibility for payment of the assessment
in question (use specifically including land division)
deferral.
shall apply to all of the property subject to the
8. That all deferred assessments shall bear interest at the
rate of 8% per annum on the unpaid balance from the first
payment in full. When the deferral of an assessment ends, November 1st after the date of this Resolution and until
Resolution #68-92 Page 3
said assessment shall be paid in cash in full on or before the first November 1st after the end of the deferral unless the City, at is sole option, negotiates with a property owner having an assessment come due an agreement by which
when the Common Council determines that additional
the assessment or a portion thereof may be further deferred
deferrals would be just and equitable under the particular
circumstances. All assessments or installments which are
not paid by the date specified shall be extended upon the
proceedings in relation to the collection, return and sale tax roll as a delinquent tax against the property and all
of property for delinquent real estate taxes shall apply to such special assessment, except as otherwise provided by
statute.
9. Interest rates on deferred assessments may be reviewed every five (5) years.
10. That the City Clerk shall publish this Resolution as a Class 1 Notice in the assessment district and mail a copy of this Resolution and a statement of the final assessment
whose name appears on the assessment roll whose post office against the benefited property to every property owner
address is known or can with reasonable diligence be
ascertained.
0 DATED THIS 24TH DAY OF MARCH , 1992.
SPONSORED BY:
Mayor Wayne G. Salentine
This is to certify that this is a true and accurate copy of Resolution #68-92 which was adoDted bv the Common Council of the City of Muskego.
3192cac Published April 2, 1992
STATE OF WlSGONSlN )
Milwaukee Counly )
) ss.
(SEAL)
being duly sworn.
dolh depose and say lhal he is an authorized represenlalive of
The.. htxkcnu.Stt~t.. ..................
anewspaper published al .. )lusksgo. ..............
Wisconsin and lhal an adverlisemenl of which Ihe annexed is a
he copy, laken from said palm, was published lhelein on
...........................
........................... - APR <&I%: .......... .a ...............
...........................
.......................... n
(Signed).
BOOKKEEPER.
Subscribed and sworn lo before me !his ...
and are hereby confirmed. 6. The assessments shown on the rev
and the modifications thereto conform u the policies of the City of Muskego now in iatence to the extent not modified by this, ' solution.,The City is now renemng certm
its.pri~r assessment policies in order to e
prove the same for the benefit of those br
assessed and the City. The City has not pleted ita review to the degree neceBsar! to change ita policies. However, city m to this assessment changes those I' cies as iOlbVE as reflected on the modi1 and amended repod: A That each parcel being assessed is sponsible for the payment of the asseasm in the manner set forth in Paragraph 6 Or' Resolution to the extent of 160 fmnL fer' the number of front feet of the Parcel. cheverislass,plusthemstofalllaterals:: Jj. That the remainder of said mmssme are deferred as stated in assesament poli' ofthe city as modified by Paragraph I oft Resolution. 6. That the easesaments due pursualli Paragraph5ofthisResoIutionmaybePai9 aqh in full on or before November 1.199: inyn (10) annual installments of prinrl
togethervvithtwelve(12)monthsinterest installment to the City Treasurer. ins1 ' ment payments to bear interest at the rat
8% per annum on the unpaid balance c' '
RIPORT OF THE ENGINEER ON THE SANITARY SEWER IMPROVEMENTS
ASSESSMENT DISTRIm "SB" JANESVILLE ROAD TO CROWBAR ROAD CITY OF MUSKEGO WAUIKESHA COUNTY, WISCONSIN
FOR PROJECT MSS-1-92
RIPORT OF THE ENGINEER ON THE SANITARY SEWER IMPROVEMENTS
ASSESSMENT DISTRIm "SB" JANESVILLE ROAD TO CROWBAR ROAD CITY OF""-^^^^ ~
FOR PROJEC ..
". . ~~~~ ~ . .
In accordance with the Rescmlution of the City of Muskego, we herewith submit our re rt on the assessments fm the sanitary sewer improvements made in the City of &kcgo. All of the data shown is based on as bid project costs with estimated construction quantities.
This report consists of the following schedules:
Schedule "A". Summary of assessments and estimate of entire cost of the improvements.
Schedule "E - Estimate of assessment of each parcel of property a,ffected.
Schedule "C' - Final Plans and Specifications
0 The properties against which assessmeor are proposed are benefitted and the improvements constitutes an 1:xercise of Police ,Powers.
February 13,1992
Janesville Road
0 ProjectMSS-1-92 Schedule "A" '
SCHEDULE "A"
1. 18" Sanitary Sewer 390 LF. $100.00 2. 15" Sanitary Sewer 1600 L.F. $85.00 $39,000.00
3. Standard Manholes 99 V.F. $150.00 $136,000.00
4. 6" Sanitary Risers 30 V.F. $23.00 $690.00 $14,850.00
5. 6l Sanitary Laterals 170 L.F. $35.00 $5,950.00 6. Pavement Replacement 3000 S.Y. $12.00 $36,000.00
Total Construction Cost $232,490.00 20% Administration, Contin~;encies & Engineering 46.498,oo Total Project Cost $278,988.00
11.
0 1. 2. 3. 4.
1.
rn
Ijont Foot Rate Calculating
IIEM m~~
8" E uivalent Sanitary Sewer 1Y90 LF. $34.00 Stan ard Manholes 99 V.F. $150.00 6 Sanitary Risers 30 V.F. $23.00 Pavement Replacement 3000 S.Y. $5.00
Total Construction Costs 20% Administration, Continplcies & Engineering Total hsessable Cost
1
Assessable Frontage from Preliminary Assessment Roll: 2.,730.19
$117,840.00/2730.19 = $43.16183
Use $43.16 per front foot.
ateral Rate Calculation
ITEM UiE UNITCOST
6" Sanitary Lateral 170 LF. $35.00
20% Administration, Contingencies, Engineering Total Assessable Cost
TOTAt
$67,660.00 $14,850.00 $690.00 %15.000.00
-l%!ua $98,200.00
$117,840.00
TOTAt
$5.95O.cQ
lJ%m $7,140.00
13-90103.0 - 1-
FEB-I~--2 ~HU 11:47 RUEKERT I MIELKE INC.
Janesville Road
Schedule "A" Project MSS-1-92
Number of Laterals = 4
$7,140.00/4 = $1,785.00
Use $1,785.00 per lateral
Total Sanitary Frontage Assessment
Total Sanitary Lateral sessment Total Deferred Fronta e Assessment
Total Assessable Costs
is
V. Total Non Assessable Costs
Total Project Cost Total Assessable Cost
Total Non-Assessable Costs
-2-
P. 07
$32,370.00 $85,465.00 7.14o.00
$124,925,00
5124.925.90 $278,988.00
$154,063.00
13-90103.0
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'5NI 3Xl3IW I
150 ft. POLICY
AS AMENDED
CITY OF MUSKEGO
ASSESSMENT POLICY
FOR CONSTRUCTION OF SANITARY SEWERS
1. The basis for sewer assessment shall be the assessable linear footage of
frontage, and in the case of undeveloped or developed residential property, unit
assessment or a combination of both, of each benefited property within an
assessment district, computed as per the following requirements. If a unit
assessment is used in whole or in part, see definition of unit in Section 3.5.
2. Sewer assessable and non-assessable costs:
A. The front foot assessment for residential, commercial and industrial zoned
properties shall be based on the minimum size sewer required to serve the
respective assessment district and at a depth necessary to drain (or
service) all of the properties within the assessment district. Sewers in
public right-of-ways and within easements shall be assessed back to the
respective assessment district as directed by the City depending on the
nature of the easement sewers (the reasons for obtaining the easements.)
B. Assessable sewer costs shall include the total costs for the sewer mains,
manholes and risers. Costs involving inspection, engineering, legal,
restoration costs such as pavement replacement and pavement patching
and the necessary administration costs to complete a project shall also be
assessed back to the respective assessment district.
C. Non-assessable costs shall include those costs for sewer tunneling, jacking
of sewer in liner pipe and concrete encasement of sewers, sewage lift
stations, force mains, extra depth and oversized sewers.
3. The assessable linear footage shall be determined as follows:
A. For Corner lots:
(1) If a lot abuts two streets, add the two side dimensions and divide by
two.
B. On lots with frontage on three streets - use the longest and shortest side
and compute as a corner lot.
C. On lots with frontage on two streets - use frontage on one street only if the
lot cannot be subdivided into an additional lot or lots complying with the
Comprehensive Land Use Plan.
D. For lots on cul-de-sacs, use the chord dimension at the building set-back
line as measured tangent to the curve at its mid-point, if said set-back line
is formed by a curved line.
Assessment Policy for Construction of Sewer Mains (150 ft.Policy)
Page 2
E. For lots on curves with an exterior angle over 45 as measured between the
side lot lines of each lot, use the chord dimension at the building set-back
line for the inside lots on the curve.
F. On large tracts of land which are on corners - assume a future corner lot
that complies with the Comprehensive Land Use Plan and apply the corner
lot policy. The balance of the frontage shall be considered at full linear
footage.
G. Lots which do not meet the above criteria will be handled on an individual
basis; as each special situation is decided, it will become policy for future
decisions of a similar nature.
H. Floodplain, lowland conservancy and wetlands shall be exempt from
assessments except in the event that there is an existing use in such areas
that receives a benefit from the proposed improvement. The maximum
assessable lineal frontage shall be determined as in Section 5 below.
I. Assessable frontage costs shall be determined as in Section 2 above
divided by the total available assessable frontage as detailed in Section 5
below.
3.5 The assessable unit method may be utilized when it is determined that the usage
of units is a method which best distributes the cost of the project. The unit shall
be defined as parcel of land as determined by the Comprehensive Land Use Plan
that correlates to the future use of the parcel. Unit(s) shall be determined as
follows:
A. Existing non-divisible parcels of land under current or future zoning as
described in 3.5 above.
B. Existing large parcels of land that may be divisible into additional parcels
based on future zoning as described in 3.5 above. Proposed
improvements shall abut any future parcels in order to receive a benefit (i.e.
internal future parcels not abutting an improvement may not be assessed).
C. For parcels that abut two or more streets, a unit assessment may only be
levied on those existing or future parcels that abut the proposed
improvements.
4. Sewer laterals will be assessed back to each respective property for the entire
expense on a unit or lump sum basis when installed within streets.
A. In the event that sewer mains are extended to serve new development and
that the length of the sewer laterals for the development creates a higher
than normal cost for existing parcels, the development shall be assessed
for the additional costs of the laterals. These costs shall be based upon a
unit or lump sum basis for each lot to be developed. This policy shall apply
when the development causes the installation of longer than normal laterals
in cul-de-sacs or in areas where the cost of sewer lateral service to the
Assessment Policy for Construction of Sewer Mains (150 ft.Policy)
Page 3
parcels to be developed is greater than 10 per cent of the average cost of
all sewer laterals for the project.
5. Assessment and Payment of Assessments.
A. Each parcel being assessed is responsible for the payment in the manner
set forth in (1) below to a maximum of 150 feet, or the number of front feet
of the parcel whichever is less, plus the costs of all laterals (except in the
case of a developed parcel if the minimum lot width required by the
Comprehensive Land Use Plan for said use is larger than 150 front feet,
then the larger amount), or
If a parcel has a frontage of 2 times or more the minimum lot width and
area as required by the City's Zoning Ordinance, the frontage shall be
computed by using the frontage of the entire parcel, or
If the lot width of a parcel is in excess of 150 lineal feet but less than 2
times the minimum lot width and area with respect to the Comprehensive
Land Use Plan, the excess frontage would not be included in the
assessment computation and is not assessed.
If a unit assessment is used in whole or in part, this subsection 5. A. shall
apply as far as applicable in determining the number of units to be
assessed.
(1) The assessments due pursuant to Paragraph 5 of this Policy may be
paid in cash in full on or before the first November 1st after the date
of the Final Assessment Resolution or in ten (10) annual installments
of principal together with twelve (12) months interest per installment
to the City Treasurer, installment payments to bear interest at the
rate established in the Final Assessment Resolution on the unpaid
balance commencing on November 1st and said first installment
being due on the date when real estate taxes are due and annually
thereof. All assessments or installments which are not paid by the
date specified shall be extended upon the tax roll as a delinquent tax
against the property and all proceedings in relation to the collection,
return and sale of property for delinquent real estate taxes shall
apply to such special assessment, except as otherwise provided by
statute.
(2) If a land division is made, and the nondeferred assessment is part of
the land division, then said assessment and all of the remaining
lateral assessment charges shall be immediately due and payable in
full and if not paid by the first November 1st after the division, the
front feet and applicable laterals shall be placed on the tax roll, plus
interest through January 31st.
If there is an unusual situation as to the calculation of an assessment, the
applicable committee of the Common Council may make reasonable
exceptions to the above requirements to address said unusual situation.
Assessment Policy for Construction of Sewer Mains (150 ft.Policy)
Page 4
B. The remainder of said assessment is deferred as stated in Paragraph 6.
C. If the entire property is sold, without division, the assessment levied on the
property to the extent of 150 front feet, except in the case of a developed
parcel if the minimum lot width required by the Comprehensive Land Use
Plan for said use is larger than 150 front feet, then the larger amount or the
number of front feet of the parcel, whichever is less, plus the costs of all
laterals may remain on the payment plan; and any remainder of said
assessment which is deferred, may continue to be deferred.
6. Payment of Deferred Assessments.
A. That portion of the assessments not being paid pursuant to Paragraph 5 of
this Policy shall be deferred. Deferrals shall end upon any use being made
of any portion of the property in question (use specifically including land
division at the time of City signatures on the document creating the land
division) and the responsibility for payment of the assessment shall apply to
all of the property subject to the deferral.
(1) All deferred assessments shall bear interest at the rate established in
the Final Assessment Resolution on the unpaid balance from the first
November 1st after the date of the Final Assessment Resolution and
until payment in full. When the deferral of an assessment ends, upon a
use being made of any portion of the property in question, said
assessment shall be paid in cash in full. Evidence of use shall include
but not be limited to a permit for such a use being issued, or in a case of
a land division the City affixing signatures on the document creating the
land division. As an alternative, the City, at its sole option, may
negotiate with a property owner having an assessment come due, an
agreement by which the assessment or a portion thereof may be further
deferred when the Common Council determines that additional deferrals
would be just and equitable under the particular circumstances. To be
considered for an additional deferral, the assessable front footage of the
property shall be a minimum of 500 ft. All assessments or installments
which are not paid when due shall be extended upon the tax roll as a
delinquent tax against the property with interest through January 31st
and all proceedings in relation to the collection, return and sale of
property for delinquent real estate taxes shall apply to such special
assessment, except as otherwise provided by statute.
A final assessment resolution may provide for commencement of
interest on a deferred portion of an assessment at a later date than that
date provided for in this paragraph if, in the final assessment resolution,
a finding is made that it is impossible, based on a government
restriction, for the specially benefited property to make use of the
improvement within a reasonable time after adoption of the final
assessment resolution.
(2) If the City does negotiate with a property owner having a deferred
Assessment Policy for Construction of Sewer Mains (150 ft.Policy)
Page 5
assessment come due to allow partial payment of a portion of the
assessment, the following criteria shall be met. The City is under no
obligation to negotiate further deferrals of any assessment.
(a) The owners shall give the City satisfactory evidence of sole
ownership of all of the ands in question and the right to divide
such assessments as proposed.
(b) The lands shall be divided and all appropriate documents making
such division shall be filed and recorded.
(c) The partial assessment shall be paid to the City by all the owners
to satisfy the lien of assessment for the number of front feet
and/or units and the laterals being sold, upon sale of said parcel,
and if not paid, shall be placed on the tax roll as a delinquent tax
against the property with interest through January 31st, and all
proceedings in relation to the collection, return and sale of
property for delinquent real estate taxes shall apply to such
special assessment, except as otherwise provided by statute.
(d) The assessment on the remainder of the lands described in the
agreement shall continue to be deferred, except for the portion of
the assessment that was not deferred and the remainder of the
laterals, which may continue on the 10 year payment plan.
However, if the nondeferred assessment is part of the land
division, then said assessment and all of the remaining lateral
assessment charges shall be immediately due and payable in full
and if not paid by the first November 1st after the division, the
front feet and/or units and applicable laterals shall be placed on
the tax roll, plus interest through January 31st.
(e) The property owners shall waive all legal notices required to
amend or change special assessments and agree to the
amended assessment without further action by the City.
(f) If a land division or land divisions are made and more than 50% of
the assessable frontage and/or units of the original parcel is sold,
the balance will become due and payable in full, and if not paid by
the first November 1st after the sale, the front feet and applicable
laterals shall be placed on the tax roll, plus interest through
January 31st. The original non-deferred assessment and one
lateral may remain on the payment plan only if said lands are not
part of the land division.
(g) The property owners shall be liable for all costs associated with
the pro-ration.
Assessment Policy for Construction of Sewer Mains (150 ft.Policy)
Page 6
(3) Any assessment deferred pursuant to this policy may nevertheless be
prepaid upon the same terms as installment assessments are allowed
to be prepaid and as provided for in the Final Assessment Resolution.
(4) Any deferred assessment on property that has not been divided may
be placed on the 10 year payment plan upon request of the owner(s) of
the property at any time.
(5) As to deferred assessments not on a payment plan, the City will accept
partial payments in the minimum amount of $5000, unless otherwise
designated by the Public Utilities Committee but in no event less than
$1000. The partial payment or payments will be applied first to interest
and then to principal due on the date of the partial payment or
payments as of the date said payment or payments are received.
(6) Interest rates on deferred assessments may be reviewed every five (5)
years.
7. Hardship Policy:
A. If the Common Council or its duly authorized committee or representative
determines that it would constitute an undue hardship for a person or persons
owning an owner-occupied non-dividable residential property affected by a
special assessment made pursuant to this assessment policy who has qualified
for hardship status (as defined later in this policy) to pay an assessment as set
forth above, it may allow said assessment to be paid as follows:
(1) The entire assessment would be deferred and not be due and payable
and no interest would accrue until a use of the improvement is made.
Once a use of the improvement is made, the entire assessment is due
and payable subject to Paragraph 2 below. Interest shall be charged
commencing with the first November 1st after use of the improvement
is made. The interest to be charged after a use is made is the interest
rate as established in the final assessment resolution; and
(2) The owner may elect to pay the entire assessment on their entire
property pursuant to Section 5 of this policy once a use of the
improvement is made or the assessment will be payable in 19 annual
installments with an interest rate as established in the final assessment
resolution during the period of hardship.
If a property owner no longer qualifies for hardship status, then the
entire remaining assessment including interest shall be due as follows:
In full or at owner's election in annual installments of principal and
interest as set forth in the non-hardship sections of the assessment
policy stated above for a number of years which is in proportion to the
amount of principal which is left to be paid based upon a 10 year
payment plan. For example: If one-half of the principal remains due at
the end of the hardship status, the remaining principal and interest
would be paid in 5 annual installments.
Assessment Policy for Construction of Sewer Mains (150 ft.Policy)
Page 7
B. Hardship Status:
(1) As to each special assessment subject to this policy, the Notice of
Public Hearing shall contain a notice that property owners may be
qualified for hardship status which will allow for different payments of
the assessment and shall indicate a time by which persons must apply
and be determined to qualify for said hardship status. A person or
persons once qualified must requalify annually by making a new
application each succeeding year on or before the 1st day of May each
succeeding year. If a person or persons does not initially qualify or fails
to qualify each year, the hardship status terminates and cannot be
renewed. Hardship status as to an assessment is personal to the
person or persons owning the property at the time of the initial
assessment and cannot be transferred to a new owner.
(2) Qualifications for Hardship Status: Individuals or Families with an
annual income not in excess of 50% of the gross median family income
for Waukesha County with adjustments for family size, shall be
qualified for hardship status by the Common Council, committee or
representative making said determination following Rules and
Regulations as the City may from time to time direct.
daf MASTER:ASSMTPOL.SWR
Adopted by Resolution 23-94 1/25/94
Amended by Resolution 47-95 3/28/95
Amended by Resolution 104-95 5/9/95
Amended by Resolution 12-96 1/23/96
Amended by Resolution 283-97 12/09/97
Amended by Resolution 235-98 1/26/99
Amended by Resolution 120-2000 5/23/00
CITY OF MUSKEGO
Public Works Committee
To: Public Works Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Approval of Janesville Road Reconstruction (Lannon to Racine)
Stormwater Management Plan
Date: March 15, 2013
Waukesha County has been working with the State and City staff to complete a Storm
Water Management Plan (SWMP) that will meet all local and State requirements. The
SWMP will rely on the construction of a new retention pond near the intersection of
Janesville Road and Park Drive. The three outfalls along the project route will be
through the retention pond that will be released to the lake, an outfall to Pilak Creek
(aka Muskego Canal) and a storm sewer connection on Lions Park.
The only increase in runoff intensity will be at Lions Park Drive into the existing
wetland complex. This increase is considered negligible as the resulting potential
increase in storage volume elevation in the wetland complex will be less than one
quarter of an inch.
Because of the file size, the SWMP is available for review at the City’s website at the
following link: http://www.cityofmuskego.org/DocumentCenter/View/1120 . I will also
bring a hard copy to the Committee Meeting.
Recommendation for Action:
Approve the SWMP as presented for the Janesville Road Reconstruction Project.
CITY OF MUSKEGO
Public Works Committee
To: Public Works Committee
From: David Simpson, P.E., Director of Public Works/City Engineer
Subject: Discuss revised Prioritization of Recreational Trail Construction and
potential authorization to proceed with consultant engineering assistance
for 2014 projects.
Date: March 15, 2013
The Parks and Recreation Board has completed their discussion of the attached revised
recreational trail construction plan. This plan is meant to be a guideline for future trail
design and construction efforts. I have also attached the PRB minutes for your
reference. The proposed Little Muskego Lake Loop has caused changes to the plan as
currently shown.
The current plan has altered the 2014 construction plan to include the segment of trail
along Lannon Drive from Janesville Road to Martin Drive. This plan has been put
together with the idea that staff will rely on assistance from consulting engineers for
many of these sections of pathways. Originally, I had intended to utilize Waukesha
County for survey and design of the CTH “OO” segment, however, because Lannon
Drive is now planned for construction in 2014 I would like to move ahead with a
Request for Proposals and hire a consultant for the survey and design of the Lannon
Drive segment.
I am proposing we utilize in house staff for the survey and design of the Woods Road
and Hardtke Drive segments. Hardtke Drive will be constructed in conjunction with
the road’s rehabilitation while the Woods Road and Lannon Road segments will be
stand-alone projects.
Recommendation for Action:
Approve moving forward with consultant selection for the survey and design of the
Lannon Drive trail segment.
City of Muskego- Recreational Trail Planning Guide- DRAFT
REVISED TRAIL SECTION III YEAR 6'8'SURFACE
Racine Avenue (MRT to Woods Road – west side) setlement to Pioneer?2013 X A
Hardtke (Martin to Muskego Drive – side TBD; w/ road program)2014 X A
Woods Road West (Racine Ave. to Plum Creek)2014 X A
Lannon Road (Janesville to Martin Drive)2014 X A
College Avenue (Martin to Hillendale)2015 X A
Martin Road (Lannon to College)2016 X A
Hillendale (Racine to College)to be done with total road reconstruction with
terrain issues; 2016 or 2017 (will be added to 2012-2016 Parks Plan)2016-2017 X A
Bay Lane Drive (Janesville to Woods - east side)2017 X A
Racine Avenue (Hillendale to Lions Park/Janesville)2017 X A
Janesville (Racine to Mercury)hope was that trail could be done by
developer when business happens otherwise done 2015 to 2017 2015-2017 X
Hwy. OO (Durham to Hwy. 36 – west side; design funding in 2013)2018 X A
McShane (Durham to Tudor Oaks first entrance – south side)2019 X A
Woods Road (Durham to Tess Corners – north side)2019 X A
Lannon (MRT to Woods - east side)2020 X A
Martin Drive (Lannon to Janesville - side TBD)2021 X A
Woods Road (Plum Creek to Janesville)2021 X A
· Racine Avenue (Woods to Kelsey – west side)2022 X A
Kelsey Drive (Muskego Dam Drive to Racine Avenue – north & east side)2023 X A
Last Updated at PRB 3-11-13
City of Muskego- Recreational Trail Planning Guide- DRAFT
TRAIL SECTION YEAR 6'8'SURFACE
Kelsey Drive (Racine to Crowbar or Denoon Park side entrance)2023 X A
McShane (North Cape to Tudor Oaks)2024 X A
Woods Road (Tess Corners to Muskego Dam Road)2024 X A
Muskego Dam Drive (Hwy. 36 to Kelsey Drive – NW side)2025+X TB
College Avenue (Racine to Moorland: remove Martin to Hillendale)2025+X A
2025+
Northwest Rural Connection (Racine Ave. & Tans Drive to Janesville MRT)2025+X
Hillendale/Field Drives (Racine Ave. to Badertscher Preserve)2025+X A
Crowbar Drive (MRT to Denoon Park)2025+X TB
Henneberry Drive (Racine to Crowbar Drive)2025+X
Southwest Rural Connection (Henneberry Drive to Denoon Park)2025+X
Parker Road (Racine to Crowbar Drive)2025+X TB
Kelsey Drive (Racine to Crowbar Drive)2025+X TB
Martin Drive (Ranch to Hardtke)2025+X A
Big Muskego West Rural Connection (Racine &Parker to Muskego Dam
Rd.)2025+X
Big Muskego East Rural Connection (Muskego Dam Rd.to Holz Drive &
Durham Drive)2025+X
North Cape Road (Hi View Drive to Durham)2025+X A
Racine Ave. (Kelsey to Racine Co.)2025+X A
Janesville (College to Mercury - south side) done with development 2025+X
Racine Ave. (Sunset Drive to Hillendale – west side)2025+X A
Racine Avenue (Janesville to Pioneer - east side)2025+X A
Bay Lane Drive (north of Janesville Road - Bay Lane to Martin)2025+X A
2025+
Conservation (trails)2025+
Muskego Park to Engel Conservation (MRT to Engel)2025+X TB
Engel Trail to Woods Road (off-road?)2025+X TB
Last Updated at PRB 3-11-13