Public Works Committee - MINUTES - 8/25/2003
APPROVED
PUBLIC WORKS COMMITTEE MEETING - CITY OF MUSKEGO
MINUTES OF MEETING HELD MONDAY, AUGUST 25, 2003
Chairman Ald. Nancy Salentine called the meeting to order at 5:05 PM. Present were committee
member Ald. Chris Buckmaster. Also present were Engineering/Building Inspection Director
Sean McMullen, Public Works Superintendent Wayne Delikat and those per the attached list.
Alderman Eileen Madden was excused.
Chairman Salentine led those present in the Pledge of Allegiance.
Chairman Salentine noted that the meeting was posted in accordance with the Open Meeting
Law.
APPROVAL OF MINUTES – Ald. Buckmaster moved to approve the minutes of the special
meeting held July 22, 2003. Seconded by Ald. Salentine, motion carried 2-0.
STATUS OF PROJECTS
MMSD Storm Water Regulations – Sean reported that this item has been completed and has
been sent to Common Council for action.
Tess Corners Pond Expansion/Drainage Issues New Berlin - Sean advised that he met with the
DNR and there are only a few items left to be addressed. Expect to receive approval shortly.
Janesville Road/Moorland Road Intersection - Nothing new to report.
Durham Drive Realignment (McShane south to “OO”) – Nothing new to report.
Martin Drive Realignment – Project will be completed by November 1, 2003.
Janesville Road Reconstruction Project – Nothing new to report.
Quietwood Creek Recreation Trail – Issue addressed under New Business #2 below.
UNFINISHED BUSINESS
Discuss Urban/Rural Drainage – Crews working on culvert installations.
Further review of request for berm and plantings – Rosewood Subdivision – The committee
agreed that this item would be put on the September 22 agenda and if all signed agreements have
not been received, the offer to the property owners will be withdrawn. It was agreed that Sean
would write a letter to all affected property owners advising of the deadline for submittal.
Public Works Committee Meeting Minutes of August 25, 2003 Page 2
NEW BUSINESS
Discuss Quietwood East – Woods Road Damage – Sean McMullen explained to the
Committee that for the 2000 budget, the Council discussed a moratorium for open road cuts.
This came about because of the amount of money paid for Woods Road reconstruction and
they asked Sean what was the long-term effect on additional road cuts. The moratorium did not
occur, and the Council determined they would strictly enforce the following stipulations in
Chapter 8 of the Municipal Code: $3,000.00 during the first year after improvement, $2,500.00
during the second year after improvement, $2,000.00 during the third year after improvement,
$1,500.00 during the fourth year after improvement, and $1,000.00 during the fifth year after
improvement. Beginning the sixth year after improvement, the normal road cut ordinance will
again be in effect. (Ord. #748 - 04/23/92). Mr. Bill Carity (Carity Development) and Mr. Ken
Servi (Rawson Contractors) appeared before the committee to discuss road cut. Both
gentlemen are developers of Quietwood Creek-East Subdivision and as construction
progressed a road cut was made on Woods Road. Sean explained that because of this road
cut, it would be necessary not only to do proper restoration, but also that a permit is required
which would cost $2,000.00 plus the standard permit fee of $940.00, for a total of $2,940.00.
Mr. Servi asked the Committee for some financial relief from being assessed the total amount.
He did admit that his company, Rawson Contractors, was responsible for a low boy searing off
approximately 3 ¼” of asphalt in the driving lane of Woods Road. He submitted to the
Committee the attached letter listing ways to restore the area. Mr. Servi feels that the ordinance
is for open cuts of roads and he does not feel that these couple of feet constitute an actual
partial or full road opening. He said that the road break was not intentional and he is estimating
the repair to cost between $10,000.00 - $15,000.00. He explained that if allowed to do as he
explains in his letter, that the road will be better than new and that he will insure and submit
bond for two full freeze/thaw cycles. Mr. Servi presented a picture to the committee showing
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two other road patchs on Woods Road. Sean explained that one was in front of the 3 house
west of the City of Franklin, on the north side of Woods Road and the second was done by
Wisconsin Gas Company because of a leak. Both entities paid the road opening fee. Mr. Servi
stated he doesn’t feel he falls into this category because of the size of the road opening. Ald.
Buckmaster voiced his concern with the senselessness of towing a low boy across that area
and not realizing that it would scar the road.
Sean McMullen advised that he had put together a video presentation, but it was the second
item in his presentation. He requested the committee skip ahead to next item. Ald. Salentine
moved to defer to the next item of business. Seconded by Ald. Buckmaster, motion carried 2-0.
Sean was unable to continue video presentation but went on to explain that patches
perpendicular to driving lanes create a maintenance nightmare. Ald. Buckmaster moved to
waive the $2,000.00 road cut opening permit and to stipulate that the Developer will be
responsible for the agreed upon repair and will be required to post a $20,000 Letter of
Credit in a version acceptable to the City to be in effect for two freeze/thaw cycles and if
no additional damage occurs, the City will give back the Letter of Credit. Seconded by
Ald. Salentine, motion carried 2-0.
On the issue of pond restoration, Mr. Carity did admit that it was a poor job of restoration.
Mr. Carity responded to the path installation and presented a letter to the committee that he had
sent to Mr. Bill Kumm that outlined his agreement to install a 6 ft. concrete path in lieu of the
original 8 ft. path required by the City. He offered to pay for a portion of the concrete if residents
Public Works Committee Meeting Minutes of August 25, 2003 Page 3
would pay for restoration. His arrangement was with the residents and was not signed by all
residents providing a contractual obligation. Mr. Carity pointed out that the areas that have trip
hazards and the areas where the grading is off are lots that were graded to specifications, but
were changed by landscaping companies.
Sean clarified that everything within the existing right-of-way will have to be re-graded. Mr.
Carity offered, despite the fact that he believes it was thoroughly communicated with the
residents that it would be their responsibility for restoration, to do the required restoration. Sean
explained that the City had an agreement with the Developer, regardless of any side
agreements with the residents made by Developer, that stipulates anything all restoration has to
be made in the road right-of-ways.
After further discussion, Ald. Buckmaster moved to give the Developer until September 30,
2003, at which time all bike path restoration, with substantial growth must be completed.
Seconded by Ald. Salentine, motion carried 2-0. Ald. Buckmaster moved to require all
transitional grading to be done in road right-of-ways with a completion date of
September 30, 2003. Seconded by Ald. Salentine, motion carried 2-0.
Sean further explained that the detention ponds are a separate issue and that he asked that he
and his staff be allowed do to some pond soundings to determine the amount of sediments in
the pond and bring back results to the committee. Sean stated he would like to meet with the
officials of the Homeowner’s Association along with Mr. Carity and Mr. Servi to come up with an
agreeable plan of maintenance by the end of September of 2003.
It was clarified that if this work is not substantially completed by the September 22, 2003 Public
Works Committee meeting, the item will be put on the next Finance Committee meeting and
funds will be taken from the existing letter of credit and City will contract out work.
The Committee now returned to #1 under New Business.
Request to allow installation of cul-de-sac islands in Weatherwood Courts Subdivision
(Tom Laimon) – The committee reviewed memorandum from Plan Director Brian Turk, dated
August 25, 2003, explaining that Messrs. Laimon and Stack have requested that the City
consider permitting the installation of cul-de-ac islands in their subdivision. Mr. Turk is
requesting an opportunity for him and his staff to put together an issue paper for the
committee’s consideration and requested that this issue be deferred to the September meeting.
Ald. Buckmaster moved to defer to the September meeting. Seconded by Ald. Salentine,
motion carried 2-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY
LAW – None.
SUBDIVIDER’S EXHIBITS – None.
ENGINEERING/BUILDING INSPECTION DIRECTOR’S REPORT – None
HIGHWAY SUPERINTENDENT’S REPORT – Wayne Delikat advised that ditching work is
being done in Fountainwood Subdivision and a culvert is scheduled to be replaced this week on
Michi Drive.
Public Works Committee Meeting Minutes of August 25, 2003 Page 4
ADJOURNMENT – Ald. Salentine moved to adjourn the meeting at 6:44 PM. Seconded
by Ald. Buckmaster, motion carried unanimously.
Respectfully submitted,
Cathie M. Anderson
Recording Secretary
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