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Public Works Committee - MINUTES - 1/23/2006 approved CITY OF MUSKEGO PUBLIC WORKS COMMITTEE MINUTES OF MEETING HELD MONDAY JANUARY 23, 2006 Chairman Chris Buckmaster called the meeting to order at 5:05 PM with Ald. Bob Melcher and Ald. Neil Borgman present along with City Administrator Jennifer Sheiffer, Engineering/Building Inspection Director Sean McMullen, Engineer David Simpson, Chief John Johnson and those per attached list. Chairman Buckmaster led those present in the Pledge of Allegiance. The secretary reported that the meeting was noticed in accordance with the Open Meeting Law on January 19, 2006. APPROVAL OF MINUTES OF NOVEMBER 8, 2005 – Ald. Melcher moved to approve the minutes of November 22, 2005. Seconded by Ald. Borgman. Motion carried 3-0. COMMUNICATIONS FROM THE COMMITTEE CHAIRMAN – Update on Mayor’s Task Force Committee – The Committee requested copies of colored maps and any information from the Mayor’s Task Force meetings. ENG/BLD. DIRECTOR – PUBLIC WORKS SUPT. REPORT Discuss Urban/Rural Drainage – nothing new to report STATUS OF PROJECTS Janesville Road Reconstruction Project – nothing new to report Janesville Road/County Capital Plan – nothing new to report Martin Drive Realignment – nothing new to report Field Drive Repaving –nothing new to report Settlement Center (Old Town Hall) – Ald. Buckmaster requested the spreadsheet on dollars spent on the Old Town Hall up to December 2005, prior to the next Committee of the Whole meeting. Waukesha County Traffic Study – discuss under new business UNFINISHED BUSINESS Continued discussion of city-wide refuse/recycling – nothing new. Ald. Borgman moved to add this item to status of projects. Seconded by Ald. Melcher. Motion carried 3-0. Discuss request to vacate right of way on Crest Drive – Ald. Borgman explained after this item went to Council the original petitioner called and explained several properties have garages with the door facing the Crest Drive right of way to access their properties. If the right of way were vacated the property owners would be driving across private property. The petitioner is requesting to build an accessory building on his property but is not able to because of the right of way. Director McMullen will research to see if there is any classification for the right of way to allow the property owner to build an accessory building. Public Works Committee Page 2 January 23, 2006 NEW BUSINESS Committee Deadlines – Director McMullen explained the calendar detailing the deadline for items to be placed on the agenda. This does not include special meetings or urgent items that are placed on the agenda after the deadline by Aldermen or staff. Discussion on 3-4 parcel land divisions and a policy for improving right-of-way to City standards – Mr. Simpson gave background on this issue. The policy of the City of Muskego has been to allow substandard road construction within dedicated public right of way when three or less properties use that road for access. This policy is written in the Public Works Committee Policies as “Private roads, connecting 4 or more properties, are to be built to city standards”. This policy was placed into Ordinance form in early January 2005 within the Land Division Ordinance. This Ordinance now takes precedence over committee action unless required by “special circumstance”. It appears that the reason for this policy was for land divisions that could/would lead to future land divisions, which would then require the roadway to be improved. After further discussion with Attorney Molter, it is the opinion of counsel, this office, and the Planning Department that the practice of allowing private roads in public right of way is a very poor policy and has potential legal consequences if the practice continues to be allowed. Mr. Simpson further explained more and more 4-lot CSM’s have been coming forward. The Engineering Department has discussed with the Plan Department and has also looked at other municipalities. Staff feels there will be problems in the future with having to repair these private roads in public right of way and using tax payer dollars to pay for it. Staff is recommending eliminating the existing policy and adopt the proposed policy requiring all land divisions that create a new public right of way to improve a public road to City of Muskego specifications and detail drawings. Staff is also recommending amending the existing Land Division Ordinance (Chapter 18) to reflect the above policy and bring before Council for approval. Ald Buckmaster noted that Plan Commission and Common Council do not agree with the current policy for private roads in public right of way for a 4-lot CSM. Once ownership transfers, there are always questions on who plows and maintains the road. Ald. Borgman questioned the liability of the City when the private road disclaimer is included on the title deeds. Director McMullen stated per the City Attorney there is still a liability against the City to maintain the road because it is located in a public right of way. Ald. Borgman stated he has concerns with the economical feasibility for the developer of having to add a fully improved road for four lots. Gail James of Mystic Drive stated it would not be fair to make someone who is dividing one piece of property that would access a road that currently has a 3-lot CSM to make them pay for the entire road improvements when the existing 3-lot owners will benefit from the road also. Public Works Committee Page 3 January 23, 2006 The Committee discussed future developments that could take place once a road has been improved for a 4-lot CSM. The Committee is concerned with who should be required to pay when others will also benefit from the improved road. Director McMullen explained to change an ordinance there must be a public hearing. Ald. Melcher moved to direct the City Administrator to place this item on the next Committee of the Whole agenda for discussion. Seconded by Ald. Borgman. Motion carried 3-0. Staff will prepare the following for the Committee of the Whole meeting:  Legal, administrative and financial issues  City’s concerns  Burden on the developer  Policy of other Municipalities  Number of CSM’s similar to the Mystic Drive situation Ald. Buckmaster noted the Committee will continue to rule on 4-lot CSM as they have in the past on a case-by-case basis until a decision has been made on the proposed Ordinance change. Ald. Borgman suggested creating an escrow account or a developer’s deposit to hold money from a developer of a 4-lot CSM in case the road would have to be improved in the future. The Committee will also discuss at Committee of the Whole Jewell-Ryan Road Land Division – recommendation for right-of-way improvements and cul-de-sac – Mr. Simpson explained the proposed land division on Ryan Road is a 4-lot CSM. Mr. Simpson recommended a cul-de-sac bulb offset to the left on lot 4 for emergency vehicles to turn around in. The area to the north is wetlands and could not be developed unless the DNR changed their policy. The property to the east could develop and would then be required to improve the road. Ald. Borgman moved to approve the 4-lot CSM with a 60’ radius cul-de-sac bulb off-set to the left of lot 4, a 50’ strip back from Ryan Road fully improved for emergency vehicles and following the specifications for a non-fully improved road. Seconded by Ald. Melcher. Motion carried 3-0. Kindler- Conceptual CSM (south of Kelsey Drive along Muskego/Vernon Border) – Reno Berg was present on behalf of Mr. Kindler. Mr. Simpson recommended a cul-de- sac bulb at lot 4 for emergency vehicles to turn around in. The property owner to the west does not have any objections to the cul-de-sac touching his property. The outlot 1 located on the CSM is buffer between the City of Muskego and the Town of Vernon. Ald. Borgman moved to approve the 4-lot CSM with a 60’ radius cul-de-sac bulb at lot 4, a 50’ strip south of Kelsey Ave fully improved for emergency vehicles and following the specifications for a non-fully improved road. Seconded by Ald. Melcher. Motion carried 3-0. Geral Dovic Conceptual Land Division – recommendation for right-of-way improvements and cul-de-sac – Brian and Gail James were present to discuss the proposed land division. Mr. Simpson explained the conceptual plan is proposing to create two new lots. The way the right of way is proposed it will create a third buildable lot. Ald. Melcher moved to approve a fully improved road 60’ wide to City standards with a Public Works Committee Page 4 January 23, 2006 rural ditch section from the edge of Mystic Drive to wetland course B and C with a fully improved temporary cul-de-sac. From wetland course B and C through the new proposed 60’ right of way with additional right of way for the cul-de-sac at the western edge of the 3-acre lot will be a private gravel roadway per specifications. All improvements will be done through a developers deposit and building permits will not be issued until the binder course is down. Ald. Borgman seconded. Motion carried 3-0. Review 2006 Road Program – Mr. Simpson explained every year, the Engineering Department and Public Works Superintendent review the condition of roads and other factors to decide which roads in the City require road reconstruction or resurfacing. Some of the roads that currently need repair are taken off the list because there is a new subdivision being constructed or homes being built in a subdivision. This will prevent damage to a new road that would be driven on by very heavy trucks or machinery. The total estimate for the roads outline below is $424,000, which includes inspection costs. The proposed roads to be improved in 2006 are:  Lannon Drive, from Janesville Road to Martin Drive  Union Church Drive – from highway 45 west approximately one mile.  Bay Lane Place – the western portion of the U shaped roadway  Moorland Bypass/right turn lanes, at Candlewood Drive/Durham Place and at Sandalwood Drive Ald. Borgman moved to approve the planned improvements and move to have the Engineering department design and publicly bid the 2006 Road Improvement Project upon completion of design. Seconded by Ald. Melcher. Motion carried 3- 0. Ald. Borgman stated he would like to see something done on Martin Drive to the entrance of Chamberlain Hills subdivision. Approval of revocable occupancy permit for Frey Auto – Director McMullen explained Frey Auto was required to come before Plan Commission for approval of a Building Site and Operation plan. In the process of obtaining approvals it was discovered that four light poles, some trees, and a small amount of pavement were located within public right of way. The revocable occupancy permit allows Frey Auto to use the portion of public right of way for parking. If the City needed to do work in the right of way Frey Auto would be given a 30-day notice to remove all improvements or reimburse the City for removing them. Frey Auto will be responsible for the cost of recording the document and staff time. Ald. Buckmaster stated the question that came up at the Plan Commission meeting was why this was allowed. Director McMullen explained Loomis Road transferred jurisdiction in 1996. Prior to that the Department of Transportation owned it. The parking lot may have been installed with the approval of Waukesha County, the State or past staff. Ald Melcher moved to direct staff to create a revocable occupancy permit for lights and asphalt for Frey Auto, and have it recorded with Waukesha County. Seconded by Ald. Borgman. Motion carried 3- 0. Review of Little Muskego Lake Dam repairs – Director McMullen referenced a letter regarding Little Muskego Lake dam repairs to Brent Binder of the DNR. The City is requesting approval from the DNR to repair the dam. Director McMullen explained the walls of the dam are tipping in and are displaced about 6 1/2 inches. Repair plans have been sent to the DNR for approval and staff will be looking and getting bids. The annual Public Works Committee Page 5 January 23, 2006 budget includes money for repairs and maintenance on the dam. Ald. Borgman will discuss this with the lake association at the next meeting. Request for No Parking signs on College Court by Onyx Waste Services – Director McMullen stated Mr. Lutz, the General Manager for Onyx Waste Services, has requested the City install No Parking signs at the end of the cul-de-sac on College Court. Onyx staff and others in the industrial park are parking in this area and causing problems with traffic flow for residential drop off and the Onyx trucks getting in and out. Director McMullen explained there is adequate off-street parking for Onyx employees. Director McMullen also noted the entire cul-de-sac is owned by Onyx. Ald. Melcher moved to recommend to Council approval of No Parking signs in the bulb of the cul-de-sac from parcel 1 of CSM 2766 through the cul-de-sac back up to the property line extended. Ald. Borgman seconded. Motion carried 3-0. Review Chapter 11 Refuse/recycling Billing – Director McMullen explained there are two conflicting statements in the refuse/recycling ordinance. The current refuse/recycling ordinance section 11.06(2) states “refuse/recycling service charges may be billed monthly, bi-monthly or quarterly and will be billed in the period after which services are received”, and section 11.06(6) states “charges for refuse/recycling service shall begin on the date a residential building receives an occupancy certificate.” Director McMullen stated there is a discrepancy between the two sections and the current method of billing. Currently, as soon as a property received occupancy they are billed for collection. However, it may take up to two weeks for the containers to arrive from Onyx. Residents may be billed for a service they do not receive. Staff has reviewed the process and is recommending billing begin on the first day of the month after the occupancy certificate is issued. Ald. Borgman moved to recommend to Council approval of the changes to Chapter 11.06(6) to read, “charges for refuse/recycling service shall begin on the first day of the month after the building receives an occupancy certificate.” Seconded by Ald. Melcher. Motion carried 3-0. Woodland Creek request for reimbursement of highway improvements – Director McMullen explained Woodland Creek is requesting the City share the costs for the full intersection of Parker Rd and the proposed Woodland Creek Drive. Parker Drive is currently a 70-degree angle to Racine Ave. Waukesha County is requiring the developer of Woodland Creek to create a type E intersection with accell/decell lanes and a by-pass lane by Parker Rd. The City could enter into a developers agreement where the City’s portion of Parker could be reconfigured to a 90 degree intersection and the City would only pay for the improvement and not the design or additional asphalt for acell/decell lanes. Ald. Buckmaster questioned why the City would have to pay for the reconfiguration if the development is causing the need for reconfiguration. Ald. Melcher moved to deny the request for cost sharing and require a full 90 degree intersection at Parker Rd. Seconded by Ald. Borgman. Motion carried 3-0. Discuss Waukesha County Traffic study (Racine/Henneberry/North Shore Drive)- Ald. Schroeder and Chief Johnson were present to discuss this study. Ald. Schroeder requested the City make a request to the County to lower the speed limit on Racine Avenue from North Shore Drive 500 yards north of Kelsey Drive to 40 mph. This would be consistent with Racine Ave south of North Shore Drive. Ald. Schroeder further requested including a stipulation that if the County denies the request to lower the speed 15mph, to request the speed to be lowered 10 mph to 45. Chief Johnson noted Public Works Committee Page 6 January 23, 2006 the accident history in this area of 17 accidents from the end of 2004 to 2005, with two fatalities. Chief Johnson recommended including in the request to the County that there is a school, subdivisions and a firehouse along this area. Chief Johnson stated with the new development in the future this area will become more dangerous. Ald. Borgman moved to direct staff to send a request to Waukesha County to lower the speed limit to 40mph on Racine Ave from North Shore Drive 1500 feet north of Kelsey Drive, and to create a resolution for Council. Ald. Melcher seconded. Motion carried 3-0. Ald. Buckmaster adjourned for a break at 7:25 PM. Ald. Buckmaster reconvened at 7:35 PM. SUBDIVIDER’S EXHIBITS Belle Chasse Subdivision – Durham Drive realignment and storm water issues related to the alignment. Determination of access, layout and infrastructure needed – Bill Carity and Kalvin Klimeck were present to discuss Belle Chasse subdivision. Director McMullen explained with larger subdivisions the Public Works Committee will review the proposed plans sooner for potential impacts. Director McMullen stated there are a couple sections that need to be looked at for the Belle Chase subdivision. Director McMullen discussed the access to the proposed Durham Road realignament and the existing Durham Drive. Staff is recommending using the existing alignment and modify in the north and south direction. Because there is a curve in roadway that will need to return back with the exiting roadway there will need to be provisions for the new roadway and the existing roadway. The City has had discussions of the DNR limiting the City’s options for the realignment. The Belle Chasse preliminary plat that went to PC and CC shows the alignment and an outlot of a 100’ wide strip for the future Durham Drive realignment. The balance of the 100’ will be retained by developer. This allows the City flexibility in the future on wetland impacts and gives the DNR a comfort level that the City will not put the road right in the middle of the wetlands. Director McMullen discussed storm water issues related to alignment. Currently the area does not drain anywhere. Storm water calculations are being completed to determine how to drain this area. Agreements with the developer are possible for storm water management for the subdivision and the proposed roadway. Finally, Director McMullen discussed the access points to Belle Chasse off the existing roads Freedom, Independence, Mystic and Dorothy. Murified Village – recommendation for access – Director McMullen stated Plan Commission, at their last meeting, denied the plat for Muirfield Village. Muirfield Village request for rezoning is on the Council agenda for tomorrow night. ACCEPTANCE OF IMPROVEMENTS NEW BUSINSS PLACED ON FILE Reopening Durham Drive cul-de-sac (Durham Drive & Janesville Road) Request for street lights or widening of Cornell Drive Discuss extension of Penn Lane Discuss off lake parking and public access to lake Public Works Committee Page 7 January 23, 2006 Discuss drainage concerns with property on Ranch Drive (abutting Copper Oaks Subdivision) Discuss request to lower speed limit on Martin Drive from 35 mph to 30 mph. Discuss drainage concerns on the Gabor property – Woods Road COMMUNICATION AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW. None. ADJOURNMENT Ald. Borgman moved to adjourn the meeting at 8:37 PM. Seconded by Ald. Melcher; motion carried 3-0. Respectfully submitted, Kellie Renk, Recording Secretary