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PUM19981116PUBLIC UTILITIES COMMITTEE MEETING - CITY OF MUSKEGO (Approved) MINUTES OF MEETING HELD MONDAY, November 16, 1998 • The meeting was called to order at 7:20 PM by Chairman David Sanders. Present were Committee members Aid. Mark Slocomb, Aid. Donna Woodard, Utility Supt. Scott Kloskowski, Richard Eberhardt (Ruekert & Mielke), Christopher Zoppa, and those per the attached list. The Committee noted that the meeting was posted in accordance with the Open Meeting Law on November 11, 1998. Review Minutes of Previous Meeting - The minutes of the October 19, 1998 meeting were accepted and placed on file. Status of Projects - Mr Eberhardt provided an update on existing projects with items italicized and in bold print that had recent activity (attached). Specific discussion regarding the following projects: Boxhorn, Groveway, Ryan Sewer - Approximately 3 laterals need to be dug up due to leaking. The road was paved last Thursday and the underground repairs are to begin 11/17/98. Slurry back fill will be required in the road cut. Water Tower Painting - The delay in Prime Co installing their equipment caused the painting project to fail to be completed. The water tower is 98% complete. The painters have indicated that they have 1-2 days left of painting to do. The City has given a drop -dead date of November 30, 1998 in which the painting, if the weather permits (50 degrees or warmer) can be completed, • otherwise the project will have to be completed this spring. Bennett/Boxhorn Gun Club - R&M recommends that this Committee accept the improvements. The final plan was not submitted to the Committee prior to this evenings meeting and will be placed on the agenda for the January, Public Utilities Meeting. EPI Landfill - At this time, MMSD is not going to approve the sewer plans until the District boundary is changed. MMSD wants a map, with all of the expansion noted on the existing system. Linnie Lac sewer allocation - Revisions to the contract are being made by the City Attorney. SEWER UNFINISHED BUSINESS Status of REC Allocation - 716 as of 11/1/98 Status of Town of Norway Contract - The City Attorney met with the engineers on the project. Population figures will be verified and compiled. Our City Attorney will be drafting the agreement between Muskego and the Town of Norway. Status of MMSD Non-WPAP Charges - Nothing new to report. Status of Counter sewer assessment - The City Attorney reviewed the current policy and found that the City is not obligated to revise the policy. The burden ultimately falls upon the property owner. The Committee requests that the policy be changed and the assessment roll be changed . for the Counter assessment. Aid. Sanders moves to recommend inclusion of paragraph as stated in October 20, 1998 correspondence from City Attorney into Paragraph 6 A (1) of the current Sewer Assessment Policy. The Committee further instructs the Clerk -Treasure to Public Utilities Meeting - November 16, 1998 Page 2 reopen the assessment roll on the Counter Assessment and apply the revision of the Policy once approval has been obtained by Council. Seconded by Aid. Slocomb. Carried by all. Status of Forced hook-ups - The Jones property (Tax Key #2252.993) bid for the gravity system is estimated at $20,000. The inside work necessary will cost an additional $8,000. Currently, the homes assessed value is $58,000. With the front -foot assessment added onto the total cost, the forced hook-up will cost the owner nearly what the home is valued at. The grinder pump option was also dismissed as being too costly for the homeowner ($15-17,000, with the City providing the grinder pump). Scott will be working with various contractors to find a more reasonable option to hook-up this property. The Utility may need to share in some of the cost with the owner Scott will report any viable solutions. Further review of ready -to -serve properties - At last months meeting, discussion took place regarding the past rulings on the hardship cases (Masses property and the properties on North Shore Drive), at that time, it was determined that more historical information was needed to understand the decisions when they were made for these properties. Attached is a historical paper trail that explains the motives and actions of the City's decision -makers in the past. The Committee requests that this document be attached to the minutes for future reference. Due to the 700 feet of distance to the sewer for the Masse property and the letter from the then Mayor of Muskego to the residents on North Shore Drive, the Committee is compelled to adhere to the past decisions made on these properties. The only way a forced hook-up can occur on any of these properties is if the septic systems fail. Aid. Sanders moved, based upon review of existing documents concerning the above mentioned properties, the properties will remain on the ready -to - serve list until such a time that any of the properties experience a failed septic system. Seconded by Aid. Woodard. Carried by all. • Further review of request for Acceptance of Improvements - Sewer & Water - Kimberly Estates: Scott K., reports that improvements were completed. The contractor landscaped around the hydrant and the area tapered to match the grade level. Aid. Sanders moved to approve the acceptance of the Sewer and Water Improvements for Kimberly Estates. Seconded by Aid. Woodard. Carried by all. SEWER NEW BUSINESS Review request for sewer service - New Berlin - Request dropped at this time. Review request for reimbursement for sewer backup - Audrey Court - Dr Paul Conrardy (W156 S7977 - Audrey Court) has requested a reimbursement for sewer line clean outs which totaled $526.00. The resident claims that since they have moved in, there have been 5 back-ups. After several attempts to have outside contractors perform the task, Scott K's staff was contacted and performed a clean out with a pressure hose mechanism. As his staff worked on the problem, they noticed that approximately % of a 5-gallon pail of gravel was found to be inside of the pipe and was determined to be the culprit in the problem. Scott recommends denying the reimbursement request and suggests that the resident obtain restitution from his sewer contractor The City will keep watch on the lateral and will periodically flush the system out as a preventative measure but, Scott is confident that the resident will no longer experience problems with the system. Aid. Slocomb moved to deny the reimbursement claim with the condition that if a back-up occurs in the future, the City will pay the claim of the resident. Seconded by Aid. Woodard. Carried by all. Dnv,ew rum,n� t for sewer main extension - Holz property - The revised plans were submitted owners. Both R&M and Christopher Zoppa provided their written comments to the Public Utilities Meeting - November 16, 1998 Page 3 plan for the land division. Aid. Sanders moved to approve the plans contingent upon all • changes being incorporated into the plan as outlined by R&M and the City Engineer/Building Director. Seconded by Aid. Woodard. Carried by all. Discussion regarding the issuance of a building permit prior to the sewer system being installed. Property owners are aware that there are costs associated with the connection to the sewer system and will be working that cost into their budget. The property owners will be working with Chris Zoppa to firm up the details and parameters for granting of a building permit. Review request for sewer main extension - North Cape Farms - 24 REC allocations are being requested. Aid. Woodard moved to approve the allocation of 24 REC's for North Cape Farms. Seconded by Aid. Slocomb. Carried by all. Establish policy for sewer service to adjoining communities - Scott is requesting that this Committee develop a policy to aid his department with those individuals who are requesting sewer service from neighboring communities. Currently, a situation arose with a resident from New Berlin who was requesting service. Scott and his staff would prefer to work directly with City government personnel and have the community act as a liaison between Muskego and the resident. Scott is concerned that individuals may approach the City of Muskego with their proposals and not have gained approval for the request from their community. Aid. Sanders moved to make it a Policy that sewer service requests must come from the community government officials acting in a liaison capacity between the City of Muskego and the resident requesting the sewer service. Seconded by Aid. Woodard. Carried by all. Status of Country Club Villages REC allocation - Scott provided a report that detailed the history of the 600 REC's that were held for the County Club Villages development. Initially, the belief was that the REC's were to be held for only 5 years (began in 1992). After further review, it was found that the REC's are to be used in either, 5 years or, if the REC's are not used, up until the year 2002, whichever comes first. WATER UNFINISHED BUSINESS Further review of Well Head Protection Ordinance - Ordinance wording is complete. The verbiage needs to be incorporated into the Zoning Ordinance. Plan Commission to make final adjustments and this Committee suggests that the Plan Commission sign off on the Ordinance. Once Plan Commission approves the Ordinance, the Utilities Committee will review final document. WATER NEW BUSINESS Discuss contaminated wells - Hillendale/Janesville Road - With the recent newspaper articles regarding the Vinyl Chloride being found in the private wells near the landfill site, the City is working with the DNR to find a long term solution to the problem. Currently, bottled water and water treatment devices are being provided to the affected residents. The extension of the water main will be necessary and the City is currently looking towards Waste Management to provide a portion of the cost to extend the water main to those individuals needing City water. The City is currently waiting for a long term solution suggestion from the DNR in order to proceed. Additionally, the total extent of the contamination is currently unknown and water testing will have to continue to assess the problem and scope of problem. REPORT OF UTILITY SUPERINTENDENT- Scott reports that the wind storm that recently ripped • though the state caused 7 of the lift stations to be without power The City made it through this storm without major incident. Public Utilities Meeting - November 16, 1998 Page 4 COMMUNICATIONS - The December meeting of the Utilities Committee will be canceled for the month of December. If a issue needs to be resolved, the Committee will convene at that time to is discuss the urgent matter ADJOURNMENT- Being no further business to discuss, Aid. Woodard moved to adjourn at 9:45 P.M. Aid. Slocomb seconded. Carried by all. Re pectffull �submitted, �9LCC- Lirida Gulgoecording Secretary • PUBLIC UTILITIES COMMITTEE MONDAY NOVEMBER 16, 1998 *AMENDED CITY PROJECTS: BOXHORN, RYAN, GROVEWAY BONDING COMPANY JOINING CONTRACTORS SUIT CITY ATTORNEY WAS TO FILE AGAINST BONDING COMPANY DEPOSITIONS STARTED (AT LEAST TWO MORE DAYS) CITY'S ATTORNEY OPINION BONDING COMPANY MUST STILL START/COMPLETE REPAIRS EVEN THOUGH THEY ARE JOINED IN THE LAW SUIT HIGHVIEW ACRES MSS-1-97 AND MSS - 2- 97 MINOR PUNCH LIST ITEMS REMAIN HOLZ DRIVE SEWER MSS-3-97 FINAL PAYMENT RECOMMENDATION SENT TO CITY MC SHANE BYPASS PIPING/STORAGE BUILDING MMSD LETTER *RECEIVED STATING IT IS A NON -REVIEW ITEM *DNR RESPONSE SOON PUMP HOUSE FOR WELL 47 STILL SOME RESTORATION ITEMS • WATER TOWER REPAINTING *98 % DONE FINAL TOUCH UPS IN SPRING NORTH CAPE ROAD - HI VIEW TO SCHAEFFER PUMP STATION WAITING FOR CORRECT DECKS AND DOORS EMERGENCY POWER MODULE SHOP DRAWINGS APPROVED SCHAEFER DRIVE PAVING HAS BEEN COMPLETED 12114- SoesraA-r,Au `jiq-F'N4L (MOr 60„46 w LOOMIS DRIVE / NORTH CAPE RD - US45 / MSS-IC-96 M 4y-F IC-EY -D4 rEco SCHEDULE REQUESTED - TENTATIVE ADVERTISE JAN 14 AND 21 OPEN BIDS JANUARY 28,1999 UTILITIES COMMITTEE FEB 15 AND MARCH 15 PUBLIC HEARING MARCH H, 1999 AWARD MARCH 23 AND START AFTER APRIL 19 PROJECT COMPLETION JUNE 15, 1999 WIS DOT PROJECT BID DATE IS JUL Y 20, 1999 (MIGHT BE JUNE) DEVELOPMENTS: AVION ESTATES MMSD FLOW ALLOCATION RECEIVED, PLAN APPROVAL NOT RECEIVED AT R/M • BENNETT/ BOXHORN GUN CLUB ACCEPTANCE RECOMMENDED PAGE PUBLIC UTILITIES COMMITTEE NOVEMBER 16, 1998 DEER CREEK TWO PUNCH LIST SENT TO CONTRACTOR EPI LIFT STATION / FORCE MAIN (AGENDA ITEM) REDESIGN TO BE RESUBMITTED TO WIDOT, MMSD, DNR * SEE LETTER MMSD IS REVIEWING IF SERVICE AREA BOUNDARY MUST BE REVISED NOTE EPI EXPANSION MAY FORCE BOUNDARY CHANGE ANYWAY FLINTLOCK TRAIL FORCE MAIN (WERNETTE) HOLTZ - ARROWOOD FIRST PLAN SUBMITTAL REVIEWED AND RETURNED FOR CORRECTIONS LAKEWOOD MEADOWS ADD NO 2 NOTHING NEW (SOME ROAD CONSTRUCTION OCCURRED NOT ALL) MUSKEGO MOTOR CAR CO SEWER INSTALLED MANHOLE BENCHES POURED 1115198 *PUNCHLIST. AS BUILT SURVEY DONE • *DRAWINGS READY TO GO TO MMSD NOT PICKED UP YET MUSKEGO REGENCY OPEN PUNCH LIST UNTIL ROAD IS INSTALLED PARK ESTATES (AKA PARK VIEW ESTATES) RESTORATION AND SURFACE COURSE PAVEMENT REMAIN OUTLOT 3 KIMBERLY ESTATES SEWER AND WATER DNR RE -APPROVAL RECEIVED *CONTRACTOR STARTED SAL FERRITO SEWER (PRIVATE SANITARY SEWER) DEWATERING WELL NOT REMOVED LATERALS NOT CONNECTED YET VICTORIAN VILLAS VIDEO OF SEWER NOT YET RECEIVED WISA FORCE MAIN MMSD PLAN APPROVAL RECEIVED WOODGATE ESTATES (NEW NAME ROSEWOOD PER PLAN COMMISSION AGENDA) NOTHING NEW RECEIVED • Memorandum DATE: NOVEMBER 12, 1998 TO: UTILITY COMMITTEE FROM: RENEE KOWALIK, SEWER UTILITY CLERK RE: ANNUAL REVIEW OF READY TO SERVE PROPERTIES The Public Utilities Committee discussed and deferred - please review and advise. Attached memo and minutes regarding the Masses property and North Shore Drive properties. This information wasn't ready when your packet was distributed, it was on the agenda can you please bring this to your meeting on November 16, 1998. CC: MAYOR • UTILITY SUPERINTENDENT UTILITY COMMITTEE 0 MINUTES OF MEETING HELD OCTOBER 13, 1983 The meeting was called to order by Chairman Nilsson at 7:00 P.M. Also present were Committee Members Gaetzke and DeAngelis, G. P. Lee, Mayor Salentine and those persons per the attached list. The Committee reviewed Ruekert & Mielke's report and assessment • roll computations for the Woods Road Interceptor Project with people from the area. Aid. DeAngelis moved to recommend to Council to prepare the assessment roll for the Woods Road Interceptor Project based on "average soil conditions (Alt. B, Ruckert & Mielke report of 10/4/83), and the over -costs due to the poor soil condi- tions to become the liability of TID #4, with the same assessment policy applicable to the Bass Bay and Kurtze Lane Sewer Projects. Seconded by Aid. Gaetzke, motion carried. The Committee deferred action on the request of Donald Klejsmit for sewer extension on Flintlock Trail until the report from SEWRPC is received. • • The Committee discussed the proposed extension of the Bass Bay Sewers. The Committee directed the City Clerk to contact Ruekert & Mielke to request that they submit to the Committee the feasi- bility of servicing the Oshmann, E1 Dorado Retreat, Klenz and Ladwig Drive properties by Ladwig Drive. The Committee directed the Building Inspector to proceed with the Demshar forced hook-up. Mr. Kibbe presented the monthly sewer report and requested a new PH meter. The Committee amended the minutes of the 9/15/83 Sewer Committee meeting to delete reference to Woods Road in regard to assessing Pellmann's for sewer and road costs. The Committee discussed the abandonment of the sewage treatment plants. Mayor Salentine authorized DNR tests to be done to determine if dirt should be stockpiled to restore the ponds as agreed upon in the contract with Dorothy Vesbach. The Committee discussed a letter from Foth & Van Dyke and Asso., Inc. regarding the sewering of the Muskego Rendering Company, Inc. The Committee deferred action until Mr. Wauer aopears before the Committee. Mr. Frank Agenten aDDeared before the Committee to request extension of sewers to a Darcel in Willow Wood. Aid. DeAngelis moved to Dermit extension of the sewer to his lot and be assessed according to the adopted sewer assessment Dolicv. Aid. Gaetzke seconded. Motion carried. Mr. Donald Masse aDoeared before the Committee stating that connec- ting his DroDerty on Hillendale to the municipal sewer would be a hardship because of being 700 ft. from the road. Aid. Nilsson moved to grant his request to be excluded from hooking-uD. Seconded v Aid. Gaetzke, motion carried. The Committee discussed a Drouosed amendment to the Agreement Creating the Linnie Lac Lake Sanitary Sewer District to include certain DroDerty along Hwv. 24. The amended agreement will be reviewed by the Citv of New Berlin and the City of Muskego. The Committee reviewed the Scott Krause Holding Tank Ordinance. It was recommended that (6) be changed to add "adequately notify the City by a dedicated phone line to the Police Department", and that (8) be rewritten by the City Attorney to clarify. Aid. Nilsson moved to defer. Seconded by Aid. Gaetzke, motion carried. The Committee noted that since the Ackmann property on Hillendale has been hooked -up to the sewer, no action will be taken on the compliance letter. Respectfully submitted, Aid. Frank DeAngelis jm Public Sewer Minutes July 9, 1984 PAGE 2 • The Committee discussed suggested guidelines to be implemented into the ordinance. Additional REC's for future expansion may be purchased for $250 until January 1, 1985; however, after tax rolls have been closed, between November 1, 1984 and January 1, 1985, additional REC's can be purchased only if paid in cash within that period. In regard to future $250 REC's, they will be offered same payment plan as existing REC assessments. The Committee discussed Usage Fee. The Committee would like to explore variables in the percentages as they relate to the infiltration for determining the Usage Fee. The Committee deferred to the July 26 Sewer Meeting. J3The Committee discussed hardship policy as to determining the basis for not requiring connection. The following should be considered: 1. Do they have workable septic system? 2. Distance — anything over 500' would be given consideration. . Hardship cases should be reviewed every two years. The Committee reviewed progress of FLOW Coalition. Mayor Salentine stated that FLOW'and MMSD have scheduled another meeting to discuss ongoing contract negotiations. The Committee reviewed the minutes of June 14, 1984, acknowledging the fact that Muskego Rendering has withdrawn • request for sewers. The Committee discussed soil borings — Ladwig Drive. Ald. Gaetzke moved to recommend approval not to exceed $3,000, with the funds to be obtained from TID A. Seconded by Ald. DeAngelis, motion carried. The Committee reviewed proposed amendment to REC chart and Changes in REC number assignments. Ald. Gaetzke moved to recommend approval of the amended Rec Chart and Changes in REC number assignments. Seconded by Ald. Penovich, motion carried. The Committee acknowledged receipt of letter from Attorney Friend dated June 19, 1984 and will stay with original decision of June 11, 1984. Ald. Penovich moved to adjourn meeting at 10:35 P.M. Seconded by Ald DeAngelis, motion carried. Respectfully submitted, Ald. Mitchel Penovich Acting Secretary • ca • • PUBLIC SEWER COMMITTEE - CITY OF MUSKEGO MINUTES OF MEETING HELD MARCH 2, 1984 The meeting was called to order by Chairman Nilsson at 8:15 A.M. Also present were Committee Members Gaetzke and DeAngelis, Mayor Salentine, City Clerk Stewart, Financial Consultant Seegar Swanson and Louise Os-zakiewski. Mr. Swanson discussed the Reserve Capacity Assessment policy and other sewer utility financing. Mayor Salentine reviewed the progress of the FLOW coalition and reported fourteen FLOW community members attended a meeting in Madison to lobby FLOW's cause. Ald. DeAngelis also attended. The Committee discussed the Ladwig Drive sewer project with property owners on Woods Road to the east of Ladwig Drive. Ald. Gaetzke moved to have the City Engineer provide estimates for this addition. Ald. Nilsson seconded and the motion carried. Mr. and Mrs. Glenn Pellmann appeared to discuss their assessment on Woods Road. The Pellmans objected to their sewer assessment because the gravity sewer is installed at a depth of 30 ft.; thus making it uneconomical to service any land divisions other than major subdivisions. Mr. Joe Eberle appeared to discuss the past the Pellmann Farm and how a future hooked up to manholes in the road. The committee reviewed alternatives for Policy for property owners not required to cost because of distance. 1. ECONOMIC HARDSHIP - The Homestead Act could be used as a guideline. Reverse Mortgage - The City could make the sewer assessment and put a lien against the property. Upon the sale of the property, assessment fee plus interest could be collected. servicing of Woods Road subdivision could be establishing a Hardship to connect to sewers due 2. PHYSICAL HARDSHIP - The City would put in lateral to within 10 ft of the property line. Mr. Victor Lemke appeared to discuss the hardship with his sewer. He is 500 ft. from the sewer main on Janesville Road. Mr. Lemke was informed that the policy will be discussed at a future meeting. • Mr. Kibbe presented his report for February. The committee discussed the holding tank effluent dumping. PUBLIC SEWER MINUTES - CITY OF MUSKEGO MEETING HELD JULY 9, 1984 The meeting was called to order by Chairman Eugene Gaetzke at 7:00 P.M. Also present were Committee Members DeAngelis and Penovich, Sewer Treatment Operator Kibbe, Mayor Salentine and those persons per the attached list. The Committee reviewed the request of Waste Management for sewer service with Doug Coenen from Waste Management. A letter stating Waste Management's request was read by Chairman Gaetzke. Mr. Coenen stated that Waste Management was interested in pursuing the availability of sewer service seeing that Wauer's Rendering is no longer interested in pursuing this matter. Ald. DeAngelis moved to have Waste Management meet with the City Engineers in regard to this matter, and recommended that the project is advisable. The engineer's cost to the city will become Waste Management's responsibility. Seconded by Ald. Penovich, motion carried. Sewer Treatment Plant Operator gave his report. The Committee discussed North Shore Drive with residents of the area. A letter written by Attorney Molter was read by Chairman Eugene Gaetzke. Ald. DeAngelis moved that the Sewer Committee honor the agreement between Mayor Gottfried and area residents dated January 25, 1979, which allowed local municipality to determine availability of sewer; thus not requiring connection. Seconded by Ald. Gaetzke, motion carried. The Committee reviewed objections to increased REC assignments. Mary and George Scou£is appeared representing Parkland Twin Theatres. They voiced their concern with the 2-1/2 REC per screen assessment. The Committee explained that their REC assessment relates to their peak daily flow and, at this time, a determination has not been made as to the basis for a Usage Fee charge. The Committee acknowledged receipt of letter from Ellsworth L. Koche and agrees that 1-1/4 REC was appropriate and the assessment would stand. The Committee reviewed Assessment procedure - limited access Interceptor Sewers. Ald. Penovich moved to amend the assessment policy and to prepare Woods Road assessment roll excluding front foot assessment for a limited access interceptor sewer. Seconded by Ald. DeAngelis, motion carried. The Committee discussed connection fees for new construction on prior hook-ups. The Committee made a determination that the $500.00 connection fee would be waived because the lateral connection is existing, i.e. replacement of an existing structure. co rnA yore CLER/C fJ CO FiCM EN LAW OFFICES OF • ARENZ, MOLTER, MACY & RIFFLE �J ItJ J 916 CLINTON STREET P.O. BOX 1348 DALE W. ARENZ WAUKESHA, WISCONSIN 63187 -1343 DONALD S. MOLTER, JR. TELEPHONE S48-1340 JOHN P. MACY AREA CODE 414 H. STANLEY RIFFLE June 19, 1984 Mayor Wayne Salentine CITY OF MUSKEGO Post Office Box 903 Muskego, Wisconsin 53150 Re: Sewer Hardships Re: North Shore Drive Dear Mayor Salentine: 0 Please see that this opinion is distributed to all the interested public officials. I will discuss the two problems as follows: 1. Sewer Hardships On June 7, 1984 I received the enclosed memo with attachments. After review of the matter, I have the following opinions as to the questions asked. I believe that the Sewer Committee did have the authority to RJJ grant the original hardship to Mr. Masse under our Ordinance 3.10(3). ill'( It appears that the policy of the Sewer Committee in the past was to grant hardships when they made a determination that the building to be served by the sewer was not adjacent to the municipal sewer main in that the distance from the main was so great that it would be economically unfeasible to force a hook up. I assume that the facts in this case were that it was determined to be economically unfeasible to connect and, therefore, the so called "hardship" was granted. I assume that when the hardship was granted, it was never discussed as to how long such a deferment to hook up would last. I assume that the policy was informally that the City would not force a hook up unless the property owner wanted to hook up or his private septic system was not working properly. This does not, however, mean that the City can never change its mind. Legally, the City could possibly at this time determine under the ordinance that, in fact, this property was adjacent and order a • ti U • Mayor Wayne Salentine -2- June 19, 1984 hook up at least if, in fact, this was not economically unreasonable. However, the property owner may be able to make a claim against the City that he was damaged because of the City previously granting a hardship and then changing its policy, for example, if in reliance on this hardship Mr. Masse had spent money relying that he would not be forced to hook up for some time. It appears that if not illegal, it certainly would be unfair not to at least give Mr. Masse nine months from the date of the change in the hardship policy. It also appears to me that it may be poor policy to (1) try and force hook up of people that were previously granted hardships at least unless some different economic consideration is given, and (2) to set a policy that there would be no more hardships. For example, if someone owns a piece of residential property which borders upon a public road containing a sewer but the house is several thousand feet from said sewer, does he have to connect? Won't the economic consequences to the property owner be considered? Doesn't it make more sense (and it certainly is legally more sound) to leave old hardships alone and set a more definite policy as to future hardships? Under Section 3.15, such a property owner would be entitled to a written interpretation of the ruling upon his request. 2. North Shore Drive I have also received the enclosed documents as to North Shore Drive, the last of which was received on June 8, 1984. It is my understanding that at the time of sewer installation certain persons on North Shore Drive were told that they would not be forced to hook up to a sewer along North Shore Drive, that officials of the city had discussed this policy with the representatives of the Wisconsin Plumbing Department and they had agreed under the circumstances of this case that sewer would not be considered to be available. It is apparent from the letter enclosed dated January 25, 1979, which apparently was sent to property owners by then Mayor Gottfried, that they were told they would not be forced to connect. From a technical sense, if their homes in question are adjacent to a sewer and no hardship exists (if there is still such a thing as a hardship), they may be forced to connect, but the City may be subject to claims of the property owners where they claimed to have suffered losses due to the City's representations to them. N Mayor Wayne Salentine -3- June 19, 1984 If the property owners were not specially assessed, I fail to see where if they are forced to hook up where they would owe anything but the present connection fee. I have contacted Mr. Grady of the Wisconsin Plumbing Department and he has indicated to me that the State allows local municipalities to determine when public sewer is "available" and that they would not pursue any type of enforcement action in this type of case unless a septic system was failing. If you have any further questions in regards to these matters, please feel free to contact me. Sincerely, ARENZ, MOLTER, MACY & RIFFLE • 0ONN l) S. MOLTER, .}R. Donald S. Molter, Jr. DSM/pw Enclosures cc: Ms. Charlotte Stewart n U i To: Mayor Jerome Gottfried - From: Gerald P. Lee Date: Sept. 2, 80 Re: Sewer connections (Aa-iui W192 55200 RACINE AVENUE • MUSKEGO, WISCONSIN 531?_ Public Sewer Committee State statute 144.Q6 states that the City may have an ordinance requiring buildings adjacent to the sewer to be connected. H.62.01 (State Plumbing Code) states that every building intended for human habitation or occupancy on premises abutting on a street in which their is public sewer shall have an individual connection with a public sewer. I have discussed this provision with the state field inspector and his supervisor in Madison, and the extension of laterals to the property lines on North Shore Drive. It was explained to them that these people were not located in the assessment district and that the necessary public hearings were not held to include these people in the sanitary assessment district. If they intended to be included they must approach the City and pay the necessary special assessment and sewer hookup fee. Based on the foregoing information the Division of Plumbing H.62.01 would not be enforceable. Ci/rd o, 5irtr 143irlrniiu( ✓rtr(uJ iria( une� /\ �rru �ionul �i��i(i �irJ of • Dear w192 58200 RACINE AVENUE • MUSKEGO, WISCONSIN 53150 January 25, 1979 As you know, the Common Council of the City of. Muskego has approved a change in the zoning of the former Nettesheim property which provided for a density of one residence per-20,000 sq. feet (one-half acre) rather than the previous 60,000 sq. feet (approx- imately one and one-half acre). The ordinance was adopted after the .owner of the former Nettesheim property changed the boundary of his planned unit development .so that it would not affect the land lying directly_ west_. of North Shore Drive. The RS2 zoning with an overlay for planned unit development was approved by the Plan Commission unanimously and by a majority of the Common Council in spite of the petition by those people along North Shore Drive'. The approval was given because, in the judgement of the people voting on the matter, it was in the best interest of the City of Muskego in general, but most important, because the planned unit development gave the city greater control of what will take place on the Nettesheim property. At the time the matter was discussed with the residents of • the Lake Denoon area (either formally at public hearings or informally) concern was expressed by those living along North Shore Drive that they would be forced to connect into the sewer which would be used to serve the subdivision. During these meet- ings I did, on several occasions, indicate that in the event sewers were installed along North Shore Drive by the developer those individuals living on that street would not be required by the city to connect into that sewer until they chose to do so. How- ever, in the event the Waukesha County Health Department found your present sewer system inoperative they could order the connection. n Mr. Wayne Salentine, who as you know is a member of the city's ` Plan Commission and has been deeply involved in this matter, has I advised me that he has talked to most of you regarding the actions of the Plan Commission and the Council- As a result of those / discussions he has suggested that I re -affirm my opinion on the connection matter in writing I hope this letter serves to -re- assure you that the decision to connect into the sewer line if and when it is installed along North Shore Drive will be up to you. • City n[ 7in, IZJJ,] I141-Jnl1u"!1i' tlnr, lzr,1111;0n"f Jarilitiri January 25, 1979 Page 2. One other thing that should, be brought to your attention is the matter of costs to you if and when you do decide to use the city's sewer system. When you connect to the sewers the assessment will be based on the developer's cost (which will probably be less than had the city constructed them) plus, of course, the $200.00 connection fee which all residents in the area will be paying. What this means is that if you wait five years or ten years before you connect to the sewers on North Shore Drive your assessment would be based on the cost at which they were installed in 1979. If you have any questions regarding this matter I will be most happy to sit down and discuss them with you. • JJG/je • With best regards, Jerome J. Gottfried, Mayor city of Muskego 'William Hayden W203 510320 North Shore Drive Muskego, Wis. 53150 Mrs. Jane Mutter • W203 510342 North Shore Drive Muskego, Wis. 53150 James Pratt W203 S10364 North Shore Drive Muskego, Wis. 53150 Ronald Olson W203 510386 North Shore Drive Muskego, Wis. 53150 �Douglas Erno (vacant lot) 567 W24105 Skyline Drive Big Bend, Wis. 53103 Franz Michels W203 510478 North Shore Drive Muskego, Wis. 53150 Jacob Habrat W203 510510"'North Shore Drive Ay Muskego, Wis. 53150 Darwin Benke W203 510532 North Shore Drive c • Muskego, Wis. 53150 / Don Marsicek W203 S10554 North Shore Drive Muskego, Wis. 53150 Edward Obremski W203 510572 North Shore Drive Muskego, Wis. 53150 Gerald Miech W203 S10594 North Shore Drive ?Muskego, Wis. 53150 - �—"` er h re Drive s_k""ego, Wis. 53150 J CITY OF W182 58200 RACINE AVENUE MUSKEGO, WISCONSIN 53150 ---------------------------------------------------------- ---- -`-- M E M O R A N D U M DATE: August 18, 1998 • TO: Public Utilities Committee FROM: Renee Kowalik, Sewer Utility Clerk RE: Annual Review of READY TO SERVE PLEASE REVIEW THE FOLLOWING PROPERTY AND ADVISE: ROBERT STACK S67 W17176 MARTIN DR. 2171.991 Currently on READY TO SEERVE: Donald & Kathryn Masse 2180 990 $ 251.04 Delbert Holtz 2221 992* $ 251.04 LOYAL MOOSE 2231.995** $ 251.04 Darlene Parworth ETAL 2284.977 $ 251.04 Donald Marsicek 2286.985 $ 251.04 Emma Benke 2286.986 $ 251.04 Shawn & Brenda Vidmar 2286.991 $ 251.04 Richard & Pat Heckel 2286.992 $ 251.04 Joseph & Gail Hornak 2286.994 $ 251.04 B Chrisman & S Strehlow 2287.033 $ 251.04 $2,510.40 HARDSHIP GRANTED: because of being over 500, Donald Masse 2180.990 $ 251.04 W193 56871 Hillendale Delbert Holtz 2221.992* $ 251.04 • W180 58003 Pioneer Dr. because of no plumbing Darlene Parworth ETAL 2284.977 $ 251.04 5110 W20636 So Denoon Chrisman/Strehlow 2287.033 $ 251.04 S110 W20380 So Denoon because they were not included in District at the time sewers were installed Donald Marsicek 2286.985 $ 251 04 W203 510554 North Shore Dr. Emma Benke 2286.986 $ 251.04 W203 510532 So Denoon Rd. Shawn & Brenda Vidmar 2286.991 $ 251.04 W203 510412 North Shore Dr. Richard Heckel 2286.992 $ 251.04 W203 S10386 North Shore Dr. Joseph Hornak 2286.994 $ 251.04 W203 S105442 North Shore Dr. *Per Ut Com 9/16/96 Must connect upon approval of land division **Per Ut Com 10/20/97 REVIEW 6/98. cc: Mayor De Angelis Utility Superintendent Building Department Plan Department 00 MEMO.S • CITY OF MUSKEGO MEETING GUEST SIGN -IN SHEET MEETING ?,,o3t,,C' Ur Li MLDs—af,/!f, --No✓F46t-,, J& Z99 NAME (Please Print) AGENDA ITEM