Village Board of Trustees

VILLAGE OF WESTON, MARATHON COUNTY, WISCONSIN SPECIAL MEETING OF THE BOARD OF TRUSTEES Weston Municipal Center Board Room 5500 Schofield Avenue, Weston, WI 54476 Tuesday, June 29, 2021, at 4:30 p.m. A quorum of members from other Village governmental bodies (boards, commissions, and committees) may attend the above-noticed meeting to gather information. If a quorum of other government bodies are present this would constitute a meeting pursuant to “State of Wisconsin ex rel. Badke v. Greendale Village Bd., 173 Wis.2d 553,494 N.W.2d 408 (1993)”. Therefore, no official actions other than those of the BOARD OF TRUSTEES shall take place. Any interested persons may attend the meeting via the Zoom link listed below. Join Zoom Meeting by Computer: https://zoom.us/j/5445915099 Join Zoom Meeting by Phone: +1 312 626 6799 US (Chicago) Meeting ID: 544 591 5099 AGENDA ITEMS 1. Special Board of Trustees Meeting called to order by President Maloney 2. Pledge Allegiance to the Flag 3. Roll Call by Clerk for Board of Trustees • Ermeling{vp}, Fiene, Maloney{p}, Meinel, Xiong, White, Zeyghami PUBLIC COMMENTS (At this point the President will ask if there are any comments to be heard from the public). RESOLUTIONS 4. Resolution No. 2021-019 to create an East Nick Ad Hoc Committee to evaluate a proposal to extend East Nick Avenue to County Trunk Highway J and recommend terms of agreement(s) with the Village of Kronenwetter, Towns of Ringle and Reid, and developer(s) 5. Resolution No. 2021-020 to declare an emergency need to expend public funds for public sewer and water connections to serve the proposed Hinner Springs Subdivision REMARKS FROM TRUSTEES REMARKS FROM THE PRESIDENT FUTURE ITEMS Next meeting date(s): - June 29, 2021, Board of Review at 5:00 p.m. - July 21, 2021, Board of Trustees Regular Meeting at 6:00 p.m. ADJOURN BOARD OF TRUSTEES SPECIAL MEETING AGENDA 6/29/2021 Prepared by: Sherry Weinkauf, Village Clerk  VILLAGE OF WESTON, WISCONSIN RESOLUTION NO. 2021-019 A RESOLUTION, TO CREATE AN EAST NICK AD HOC COMMITTEE TO EVALUATE A PROPOSAL TO EXTEND EAST NICK AVENUE TO COUNTY TRUNK HIGHWAY J AND RECOMMEND TERMS OF AGREEMENT(S) WITH THE VILLAGE OF KRONENWETTER, TOWNS OF RINGLE AND REID, AND DEVELOPER(S). WHEREAS, The Villages of Weston and Kronenwetter, and Towns of Ringle and Reid, have been approached by Developers, Gary Guerndt and Kurt Seubert, with stated desire to develop a large lot residential subdivision in Weston and a desire to conduct non-metallic mining in Kronenwetter, and WHEREAS, The proposed development and non-metallic mine would currently need to rely on access via a route starting at Shorey Avenue in the Village of Weston, 1-1/4 miles south on Kmiecik Street to East Nick Avenue and approximately 1- 1/2 to 2 miles east to a dead-end, and WHEREAS, Shorey Avenue currently has an 8-ton weight limit in all seasons except the frozen road period and the remainder of the said route has an 8-ton weight restriction imposed during the spring thaw, and WHEREAS, Even light traffic on East Nick has created unpassable conditions during the spring thaw, and WHEREAS, The centerline of East Nick Avenue is the boundary between the Villages of Weston and Kronenwetter, and WHEREAS, Properties in both Village’s rely on the aforesaid route originating from Shorey Avenue in Weston to reach East Nick Avenue to access their land with more development expected in the future, and WHEREAS, Truck traffic from a non-metallic mining operation accessed from East Nick would not be permitted to use the current route to Shorey Avenue, and WHEREAS, The Villages of Weston and Kronenwetter recognize the mutual responsibility for keeping East Nick accessible in all seasons and to cooperate by sharing equally in municipal cost contributions to improve East Nick Avenue, and WHEREAS, The Developers have proposed extending East Nick to CTH J, approximately ½ mile through an unimproved right-of-way centered on the common boundary line of the Towns of Ringle and Reid, currently named Timber Lane, and WHEREAS, Representatives of the Towns of Ringle and Reid do not object to the extension of the road but, are not agreeable to financial contributions at this time, and WHEREAS, The Village of Weston recognizes the proposed extension would provide an alternate/secondary access to East Nick Avenue on the common boundary with the Village of Kronenwetter benefitting both Villages, and WHEREAS, The Developer is willing and expected to financially contribute to the extension of East Nick to CTH J and desires clarity as to expectations for the level of financial contribution by the municipalities, if any, before applying for a Conditional Use Permit from the Village of Kronenwetter for the aforesaid non- metallic mining operation, BE IT RESOLVED As recommended at the regular meeting of the Village Board of Trustees on June 21, 2021, the East Nick Ad Hoc Committee is hereby created as provided for in the Village of Weston Municipal Code, Section 2.217; and Said Committee is authorized to work jointly with the Village of Kronenwetter’s similar Ad Hoc Committee, if so created; and Said Weston Committee shall be Advisory to the Board of Trustees regarding the proposed extension of East Nick Avenue to CTH J and charged with: 1. Review the need for the project. 2. Evaluate the benefits of the project. 3. Provide input on terms of agreement(s) which may be recommended such as development agreements, cost sharing agreements, etc. 4. Determine a summary of findings/recommendations for the Weston Board of Trustees; and The East Nick Ad Hoc Committee shall be comprised of 3 Village Trustees. The Village Administrator may serve as ex- officio member of the Committee. Village staff will serve as advisors to the Committee to provide necessary information. The Committee will meet as needed and continue serving until the Board of Trustees determines their charge to be complete. PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF WESTON, at a meeting thereof, this 29th day of the month of June, 2021. VILLAGE OF WESTON, a Municipal Corporation of the State of Wisconsin. By: MARK MALONEY, President ATTEST: By: SHERRY WEINKAUF, Clerk  EXHIBIT A Weston Municipal Code Division 3, “Committees”  Chapter 2 ADMINISTRATION* Article I. In General Sec. 2.100. Fees and charges. Article II. Village Board Division 1. Generally Sec. 2.200. How constituted. Sec. 2.201. President. Sec. 2.202. Powers. Sec. 2.203. Acquisition and disposal of property. Sec. 2.204. Village finances. Sec. 2.205. Construction of powers. Division 2. Meetings Sec. 2.206. Generally. Sec. 2.207. Regular meetings. Sec. 2.208. Special meetings. Sec. 2.209. Adjournments. Sec. 2.210. Meetings shall be public. Sec. 2.211. Call to order. _________ * Cross References--Any administrative ordinances of the village not in conflict or inconsistent with the provisions of this Code, including but not limited to letting contracts without bids and releasing persons from liability saved from repeal, § 1.110(2); Administration and Enforcement of building regulations, Chapter 14 Article III.; Civil Emergencies, Chapter. 22; Court, Chapter 26; Elections, Chapter 30; Law Enforcement; Chapter 42; Planning Commission, Chapter 62; Administration and Enforcement of Subdivision Regulations, Chapter 74 Article II.; Taxation and Special Assessments, Chapter 78; Utilities, Chapter 86; Administration and Enforcement of Zoning Regulations, Sec. 94.16.15; Zoning Board of Appeals, Sec. 94.16.13. Chapter 2 Administration Page 1 Sec. 2.212. Attendance; leave of absence. Sec. 2.213. Disturbance, how suppressed. Division 3. Committees Sec. 2.214. Standing committees. Sec. 2.215. Committee of the whole. Sec. 2.216. Revolving loan fund committee. Sec. 2.217. Special committees. Article III. Officers and Employees Division 1. Generally Sec. 2.300. Appointive officials. Sec. 2.301. Filling of vacancies. Division 2. Administrator Sec. 2.302. Appointment, term of office and removal. Sec. 2.303. Functions and duties. Sec. 2.304. Cooperation. Sec. 2.305. Compensation. Sec. 2.306. Residency. Division 3. Clerk/Human Resource Director Sec. 2.307. Appointment. Sec. 2.308. Duties. Sec. 2.309. Compensation. Chapter 2 Administration Page 2 Sec. 2.210. Meetings shall be public. Except as provided in Wis. Stat. § 19.85, all regular meetings of the Board shall be open and public, and all its procedures shall be recorded by the Village Clerk or under their authorization in record books kept for that purpose. (Code 1982, § 1.18(4); Ord. of 12-10-2011; Ord. of 6-21-2013) Sec. 2.211. Call to order. The President shall promptly call each meeting of the Board to order at the hour fixed for the holding of such meeting. In case of the absence of the President, the senior Trustee shall call the meeting to order, and the Trustees present shall elect one of their number president pro tem. (Code 1982, § 1.18(5); Ord. of 12-10-2011; Ord. of 6-21-2013) Sec. 2.212. Attendance; leave of absence. No member of the Board, the Village Clerk, the Chief of Police or designee whose duty it shall be to attend a Board meeting shall absent themselves from the meetings of the Board unless for illness or other good cause without first having obtained an authorized absence. (Code 1982, § 1.18(6); Ord. of 12-10-2011; Ord. of 6-21-2013) Sec. 2.213. Disturbance, how suppressed. Whenever any disturbance or disorderly conduct shall occur in board meetings or rooms or halls adjacent to such meetings, the President or other presiding officer of the Board shall have power and authority by and with the aid of the Chief of Police or designee in attendance upon the meeting of the Board to cause the meeting to be cleared of all persons except members and officers of the Board. (Code 1982, § 1.18(7); Ord. of 12-10-2011; Ord. of 6-21-2013) DIVISION 3 COMMITTEES Sec. 2.214. Standing committees. (a) Appointments. The President appoints standing committees of the Village, subject to confirmation by the Board. The appointments to each Committee will be made at the first Village Board meeting in May. Standing committees shall review such matters as Chapter 2 Administration Page 9  may be referred to them by the Board and shall submit recommendations for Board action. The Administrator and President, except where the President is designated a member of a Committee, shall serve on each committee as ex officio members. (b) Conflicting provisions. While this section represents guidelines detailing committee roles and responsibilities, the provisions regarding the Administrator shall prevail in any area in which a conflict arises. In any instance where statutes may conflict with these provisions, the statutes shall apply. (c) Membership. Unless otherwise noted, each committee shall consist of five members, two of which shall be Village Trustees. The President shall not serve as the chairperson of any committee, unless expressly designated by law. (d) Established. The following standing committees are established: (1) Finance Committee. a. Present the annual budget to the Board first in temporary form for a public hearing, and in final form for board approval. To enable the committee to prepare the budget, all budget requests shall be filed with the Administrator in a timely fashion to allow the Administrator to prepare a recommended budget for consideration by the committee. b. Monitor expenditures, supervise collection of accounts and coordinate and investigate village borrowing. c. Review requests for non-budgeted or emergency expenditures and make recommendations to the full Board. d. Review any proposed changes in Village insurance coverage and risk management programs. e. Recommend establishment of user and license fees. f. Coordinate Village requests for grant funding. g. Make recommendations on the issuance and conditions of issuance of licenses and franchises. h. Supervise the cable television franchise and conduct negotiations relating to such franchise. i. In cooperation with the Administrator, recommend Board consideration of policies and procedures regarding the financial operations of the Village and the delivery of services to the public. Chapter 2 Administration Page 10  j. Consider any other matter the Board may refer. (2) Human Resources. a. Advise the board regarding potential and pending litigation involving the Village. b. In cooperation with the Administrator, recommend for Board consideration policies and procedures regarding personnel issues of the Village. c. Oversee the selection of contract services for labor negotiation services. d. Monitor, in cooperation with the Administrator, the general personnel policies for the Village, including such things as sick leave, vacations, holidays and leaves of absence. e. In cooperation with the Administrator, review and make recommendations for additions and deletions of positions to the Board and make recommendations regarding disciplinary actions involving Village employees. f. Make recommendations to the Board for establishment of a village safety program and, after such a program is in place, supervise such program. g. Act on all matters so enumerated in the Village of Weston Employee Policy and Procedure Manual as being assigned to the Human Resources Committee. h. Consider any other matter the Board may refer. (3) Public Works and Utility Committee. a. Review and recommend a property and infrastructure budget to the Administrator and Finance Committee. b. In cooperation with the Administrator, recommend Board consideration of appropriate policies and procedures regarding public works, utility operations, property and buildings operations and the delivery of services to the public. c. Coordinate the Village's refuse collection activities. Chapter 2 Administration Page 11  d. Recommend actions regarding use and maintenance of Village streets. e. Review and finalize the annual capital improvements program. f. Review bidding documents and requests for proposals for capital projects for public works projects. Review contractor proposals and bids for all authorized public works construction, and recommend contract awards to the Board for appropriate action. g. Be responsible for the construction and maintenance of all Village streets and sidewalks, the operation and maintenance of all sewer and water systems, and make appropriate recommendations to the board regarding the operation, maintenance and improvements to such systems. h. Develop and recommend policies and guidelines for public works projects and activities such as special assessments. i. Review and approve any unusual requests for use of village buildings. j. Review and recommend any proposed changes, improvements, remodeling, additions, etc., to the municipal building, other village buildings or other property. k. Recommend policy guidelines regarding public improvements. l. Mediate disputes between property owners and the Village regarding public improvements. m. Review bidding documents and requests for proposals (RFPs) for municipal building projects. Review contractor proposals and bids for all authorized municipal building construction and recommend contracts to the board for appropriate action. n. Review traffic and pedestrian safety matters and recommend needed action for Board approval. o. Develop emergency operation plans. p. Consider any other matter the Board may refer. (4) Parks and Recreation Committee. a. Prepare and maintain long-range plans for parks and recreational facilities. Chapter 2 Administration Page 12  b. Recommend the acquisition, purchase, acceptance by gift, sale or such other disposition of property and/or equipment to the Board for appropriate action. c. Prepare and submit grant applications to the appropriate agencies for the acquisition and development of parks and recreational facilities. d. Operate and maintain the Village park and recreational trail system. e. Review and recommend a parks and recreation budget to the Administrator and Finance Committee. f. In cooperation with the Administrator, recommend Board consideration of policies and procedures regarding parks and parkway operations and the delivery of such services to the public. g. In cooperation with the Community Development Authority govern, manage, improve and care for all public parks and parkways located within the Village. h. Consider any other matter the Board may refer. (5) Community Development Authority. a. Need. The Village declares that a need for blight elimination, slum clearance, urban renewal programs and community development projects and housing projects exists in the Village of Weston. b. Creation. Pursuant to Wis. Stat. § 66.1335 the Village hereby creates a housing and community development authority which shall be known as the “Community Development Authority” of the Village of Weston. It is a separate body politic for the purpose of carrying out blight elimination, slum clearance, urban renewal programs and projects and housing projects. c. Powers and Duties. The Community Development Authority has all powers, duties and functions set out in Wis. Stats.§§ 66.1201 and 66.1333 for housing and redevelopment authorities. As to all housing projects initiated by the Community Development Authority it shall proceed under Wis. Stat. § 66.1201. As to all projects relating to blight elimination, slum clearance, urban renewal and redevelopment programs the Community Development Authority shall proceed under Wis. Stats. §§ 66.1105, 66.1301 to 66.1329, 66.1331, or 66.1337 as determined appropriate by the Village Board on a project by project basis. Chapter 2 Administration Page 13  d. Appointment of Members. The Village President shall, with the confirmation of the Board, appoint seven (7) resident persons having sufficient ability and experience in the fields of urban renewal, community development and housing, as Commissioners of the Community Development Authority. Two (2) of the Commissioners shall be members of the Board and shall serve during their term of office as Board trustees. The terms of non-Board members shall be four (4) years. e. Consider any other matter the Board may refer. (e) President to designate chairpersons; other appointments. The President shall designate the chairperson of each standing committee. All committee appointments except designation of chairperson shall be subject to confirmation by a majority vote of the Board. (f) Chairperson to designate a Trustee to discharge members’ duties. In the absence of a meeting quorum the Chairperson may appoint a Village Trustee to discharge a committee member’s duties. (g) Term of office. Unless otherwise noted, the term of office for each committee shall be for three years, and shall become effective after appointment at the first Village Board meeting in May. Terms of office for Village Trustees shall be one year of their elected term. (h) Meetings. Each standing committee shall meet as necessary to accomplish the responsibilities of each committee. All committee meetings shall convene at the municipal building unless otherwise noticed. [Ord. of 9-18-2000, § 1; Ord. of 5-21-2001(1), § 1; Ord. of 4-22-2011; Ord. of 12-10-2011; Ord. of 6-21-2013; Ord. of 02-21-2014; Ord. No. 15-007 of 6-16-2015; Amended via Ord. 15-012, 6- 17-15; Ord. No. 15-030 of 12-09-2015; Ord. No. 18-001 of 01-20-2018; Ord. No. 18-010 of 03- 29-2018; Ord. No. 19-009 of 8-21-2019; Ord. No. 20-006 of 5-12-2020] Sec. 2.215. Committee of the whole. The president may call for a meeting of the entire board as a committee of the whole for discussion on any matter. The president shall be chairperson of the committee of the whole. (Ord. of 12-10-2011; Ord. 16-051, 12/22/2016) Sec. 2.216. Revolving loan fund committee. Chapter 2 Administration Page 14 A revolving loan fund committee is established composed of seven citizen members who shall be responsible for the management of the village's revolving loan program, consistent with state requirements. (Ord. of 12-10-2011) Sec. 2.217. Special committees. The president may, from time to time, appoint such special committees as he deems advisable or as provided for by motion or resolution by the board stating the number of members and object thereof to perform such duties as may be assigned to them. ARTICLE III OFFICER AND EMPLOYEES* DIVISION 1 GENERALLY Sec. 2.300. Appointive officials. (a) Term. All appointive officials, except as otherwise provided, shall hold their office for the term of two years and until their successors are lawfully appointed and qualified. (b) Filling of vacancies. Vacancies in appointive offices shall be filled by appointment for the residue of the unexpired term by the appointing power and in the manner prescribed in this division for making regular full-term appointments. (c) Certificate of appointment. When an appointive official has filed the oath and bond as required, the village clerk/human resource director shall issue to him a certificate of appointment. If the appointment is to a commission, the appointee shall file the certificate with the secretary of the commission. (Code 1982, §§ 1.03(2), 1.05(3), 1.06(2); Ord. of 12-10-2011) Sec. 2.301. Filling of vacancies. A vacancy shall occur in case of the dismissal or death of any official or in case of the removal of any officer from the Village, or when any officer elected or appointed in, for or from any part of the Village shall remove his residence without the limits of such Village, or when any official shall refuse or neglect for 20 days after notice of his election or appointment to qualify and enter upon the discharge of his duties. Chapter 2 Administration Page 15  VILLAGE OF WESTON, WISCONSIN RESOLUTION NO. 2021-020 A RESOLUTION, DECLARING AN EMERGENCY NEED TO EXPEND PUBLIC FUNDS FOR PUBLIC SEWER AND WATER CONNECTIONS TO SERVE THE PROPOSED HINNER SPRINGS SUBDIVISION. WHEREAS, Denyon Homes (Developer) has obtained approval of a Preliminary Plat for Hinner Springs and is working toward the approval of the final plat to include a development agreement with the Village of Weston describing the responsibilities of each party for the costs of constructing public infrastructure, and WHEREAS, The terms of said development agreement would include a commitment by the Village for costs of oversizing of public water and sanitary sewer mains due to extra depth of construction or size of pipes not required for the development alone; and WHEREAS Oversizing for the Hinner Springs Plat project was to include extraordinary costs due to depth and size of connecting the sanitary sewer to an existing interceptor sewer, and connecting and extending a 12-inch water main, from the County Trunk Highway X right-of-way; and WHEREAS The Village and Developer were notified on June 15, 2021 by the Marathon County Highway Commissioner to complete utility connections in the CTH X right-of-way before the County begins a paving project on CTH X and it has since been determined the start date for this work is July 13; and WHEREAS, The estimated cost of the oversizing of the connections in the CTH X right-of-way are $33,800 which would require following a public bidding process for this work under normal circumstances; and WHEREAS, The short time notice does not permit the Village to follow the public bidding requirements. BE IT RESOLVED In accordance with §61.54 and §62.15, Stats., the Village Board determines that an emergency exists due to the threat of damage to public facilities as indicated by the Marathon County Highway Commissioner; and The Board authorizes the Director of Public Works to arrange for the work to be completed by July 13, 2021, in advance of the County Highway Department’s paving project; and Said work is authorized to be performed on the terms of time and materials for the costs of connection to the existing sanitary interceptor sewer and water main in the estimated total amount of $39,700 with $5,900 of this estimated cost to be paid by the developer and the balance to be the responsibility of the Village under terms of the aforesaid development agreement. PASSED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF WESTON, at a meeting thereof, this 29th day of the month of June, 2021. VILLAGE OF WESTON, a Municipal Corporation of the State of Wisconsin. By: MARK MALONEY, President ATTEST: By: SHERRY WEINKAUF, Clerk From: James Griesbach To: Mark Thompson; Kevin S. Lang; Kris Baguhn Cc: Keith Donner; Michael Wodalski; Nick Bancuk; Justin Haase; Keith Walkowski (keith@riversidelandsurveying.com); Heath Tappe (heath@heathtappe.com) Subject: RE: sewer, water and trail Easement to camp phillips Date: Tuesday, June 15, 2021 11:24:02 AM Mark, Please coordinate with Kris Baguhn for the permitting process with this project. As far as the open cut, we are planning on paving that section of highway within the next few weeks. This is a contracted project with American Asphalt so we don’t have as much control as if we were doing the paving. We haven’t heard from American an exact date but was told late June early July. We are requesting that your work be done within the next couple weeks, you may need just need to stub a section in there and match in later. We do not want an open cut a week after we pave. James M. Griesbach Marathon County Highway Commissioner 1430 West Street Wausau, WI 54401 715.261.1801 office 715.581.4756 cell http://www.co.marathon.wi.us/Departments/HighwayDepartment.aspx From: Mark Thompson [mailto:mark@mtsllc.net] Sent: Monday, June 14, 2021 2:27 PM To: James Griesbach <James.Griesbach@co.marathon.wi.us>; Kevin S. Lang <Kevin.Lang@co.marathon.wi.us> Cc: Keith Donner <kdonner@westonwi.gov>; Michael Wodalski (mwodalski@westonwi.gov) <mwodalski@westonwi.gov>; Nick Bancuk <nick@mtsllc.net>; Justin Haase <justin@mtsllc.net>; Keith Walkowski (keith@riversidelandsurveying.com) <keith@riversidelandsurveying.com>; Heath Tappe (heath@heathtappe.com) <heath@heathtappe.com> Subject: [EXTERNAL] RE: sewer, water and trail Easement to camp phillips All Attached is a proposed easement route drawing for sewer, water and pedestrian trail/storm water basin maintenance driveway If the easement concept is agreeable with the County we will have Riverside complete a description Connection to the existing sanitary sewer will impact CTH X travel lane(s) – we would like to meet to discuss a traffic plan during construction Mark From: James Griesbach <James.Griesbach@co.marathon.wi.us> Sent: Monday, June 14, 2021 8:46 AM To: Mark Thompson <mark@mtsllc.net> Subject: FW: sewer, water and trail Easement to camp phillips Mark, Have you finished exhibit “A” yet? Jim From: Mark Thompson [mailto:mark@mtsllc.net] Sent: Thursday, May 27, 2021 10:43 AM To: James Griesbach <James.Griesbach@co.marathon.wi.us>; Kevin S. Lang <Kevin.Lang@co.marathon.wi.us>; Keith Donner <kdonner@westonwi.gov>; Michael Wodalski (mwodalski@westonwi.gov) <mwodalski@westonwi.gov> Cc: Heath Tappe (heath@heathtappe.com) <heath@heathtappe.com>; Nick Bancuk <nick@mtsllc.net>; Justin Haase <justin@mtsllc.net> Subject: [EXTERNAL] sewer, water and trail Easement to camp phillips All Please find attached a draft easement agreement for sewer, water and pedestrian trail/maintenance drive across the County parcel located between the Denyon/Hinner project site on Birch street and CTH X Following a wetland delineation and route design, the description will be completed Please contact me if there are any questions Mark ============================= Statement of Confidentiality This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. 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Please notify the sender of this email of the error and delete the email. ============================= From: Mark Thompson To: Keith Donner; Michael Wodalski Cc: Nick Bancuk; Heath Tappe (heath@heathtappe.com) Subject: RE: Hinner - CTH X Date: Tuesday, June 15, 2021 1:08:13 PM The MH is to close to the edge of pavement – some pavement will be disturbed – at least most of one lane to get the existing manhole excavated all around to make sure lateral pressure from the street side does not tip it over I am meeting PGA on-site this afternoon to look at an emergency installation and stub the pipe out of the MH – assuming no one locally objects to the prep work without final DNR approval on the plan set Its deep and wet and I am not sure that even someone of PGA’s size will want to tackle it – it may be a very big boy job I have a call into American to see what their schedule is – then we will try and find a contractor to put in a stub We are coming in with just an 8 inch, so MH is large enough – we will drop in above the existing flow line , so the existing through pipe will not be a conflict Until recently our conversations were general in nature and we did not specifically say “hey we are going to lose some pavement” – they may just have thought this was going to be all ditch work From: Keith Donner <kdonner@westonwi.gov> Sent: Tuesday, June 15, 2021 12:52 PM To: Mark Thompson <mark@mtsllc.net>; Michael Wodalski <mwodalski@westonwi.gov> Cc: Nick Bancuk <nick@mtsllc.net>; Heath Tappe (heath@heathtappe.com) <heath@heathtappe.com> Subject: RE: Hinner - CTH X Village internet is currently down.   can the excavation be tight-sheeted to avoid street pavement disturbance?   Otherwise, why couldn't the manhole connection be done now?   Secondary question on existing manhole; is there any conflict with the existing pipe size in/out and the size being connected from the west?; i.e., is the manhole diameter large enough? I agree, would have been nice to know about the paving. Keith Sent via the Samsung Galaxy S8+, an AT&T 5G Evolution capable smartphone -------- Original message -------- From: Mark Thompson <mark@mtsllc.net> Date: 6/15/21 11:41 AM (GMT-06:00) To: Keith Donner <kdonner@westonwi.gov>, Michael Wodalski <mwodalski@westonwi.gov> Cc: Nick Bancuk <nick@mtsllc.net>, "Heath Tappe (heath@heathtappe.com)" <heath@heathtappe.com> Subject: Hinner - CTH X I don’t know why we didn’t hear about this earlier when we had conversation with the highway department??? We are not going to get DNR plan approval in a week We may not be able to find a contractor to dig 16 feet in the wet in a week Would you even allow prep work without DNR approval? Does this add any weight to a consideration to an inside drop??? Mark W. Thompson PE Marathon Technical Services 404 Franklin St Wausau WI 54403 715-843-7292 - office 715-571-2698 - mobile  Marathon Technical Services, LLC 404 Franklin St. • Wausau, WI 54403 • Phone: 715-843-7292 • Fax: 715-843-7292 Memo To: Keith Donner / Michael Wodalski From: Mark CC: Nick & Heath Date: 2021-06-23 Re: Hinner Springs – CTH X connection manhole Last week, as we were discussing with the Highway Department staff conditions that may be placed on a road excavating permit (to incorporate into our bid package for the project), they advised us that CTH X is going to be re-surfaced in July. They will not issue a road excavating permit later this year that would disturb the new pavement. Any work we need to do in the pavement area must be completed by July 12. The connection manhole is four feet from the outside edge of the south bound pavement. The manhole is 16 feet deep and at least one lane of the south bound lanes will be disturbed to expose the bottom of the manhole (to make an outside sewer drop connection). In addition, there is a 12- inch watermain 10 feet west of the sewer and eight-inch natural gas line 21 feet west of the sewer. West of the pedestrian trail, approximately 25 feet west of the sewer, there are wetlands. In addition to the native heavy wet soils, we expect the existing sewer to be bedded in stone and full of water. The Hinner Springs project site is uphill from the connection manhole. Our sewer design has the connection being just seven feet deep at the manhole. We have prepared the following opinion of cost comparison between a straight connection at seven feet and a cost to install an outside drop from seven feet to the bottom of the existing manhole at 16 feet. The difficulty with making this opinion of cost is the current work/bidding climate. We have contacted the typical contractors that perform this work in central Wisconsin. Six contractors (JPS, A-1, Haas, Switlick, Merrill Gravel and Stout) do not have a crew available to meet the July 12 deadline. Two contractors, Earth and PGA, are considering providing a T&M quote. The degree of difficulty and the tight time frame puts some uncertainty into the contractor’s expectation for reasonable compensation. We can only provide opinions of cost based on a normal competitive bidding situation. In this case that may be lower than we experience in this situation. Traffic control is going to be provided by the repaving contractor. We will haul off excavated wet materials and backfill with dry imported material and finish with 12 inches of CABC. Two sewer pipe sticks will be set to get the end of the stub away from the pavement edge.  Page 1  Task Unit Costs Seven Ft Connection 16 Ft Drop Manhole Expose Ex. Manhole $750/hr 3,000 22,500 Haul off wet material $100/hr 300 2,400 Dewater $500/day 500 1,500 Double stack box lump sum 0 4,000 Remove/Replace 12- $750/hr 0 3,000 inch WM Core boots $900 each 900 1,800 Drop MH Materials 0 700 Bedding stone $30/yd 500 2,000 Imported backfill $8/yd 300 600 CABC $25/yd 400 1200 Total 5,900 39,700 The above is comparing the differential between coming in at seven feet deep versus the required outside drop at 16 feet deep at the existing manhole. Two sticks of pipe at seven ft deep will be installed to get the end of the stub away from the highway pavement. The projected Fall 2021 project will start two pipes out of the manhole. Those costs are the same for either case. The above does not include restoration of the trail, landscaping and the blacktop binder. The water main removed to get it out of the way, when replaced, should include the tee and valve for a future loop connection to the Hinner project., those fitting costs we have not included in this comparison. I see this as a three-day project. Work should be scheduled for July 7, 8 and 9. If things go poorly due to the wet conditions, then there are a couple days (Saturday and Monday) to clean up before the repaving starts. I suspect the milling operation is several days. That operation could work around the manhole work, so a little more time might even be available on the 13 and14th.  Page 2 Contracts FAQ 3 Are any activities exempt from state bid law requirements? Yes. The requirement to competitively bid public construction contracts does not apply to public construction if the materials for the project are donated or if the labor for the project is provided by volunteers. Wis. Stat. secs. 61.54 and 62.15(1). Bid law statutes also provide an exemption for public emergencies. Public construction contracts for the “repair and reconstruction of public facilities” may be done without bidding when damage or threatened damage creates a public emergency as determined by the appropriate body. Wis. Stat. secs. 61.54 and 62.15(1b). State bid law allows cities and villages, by a three-fourths vote of all the members-elect of the council/board, to provide by ordinance that any class of work may be done directly by the city/village without bidding. Wis. Stat. secs. 61.54 and 62.15(1). But, this exemption only applies where city/village employees do the actual work. Contracts 307. Mere supervision of the construction project by the city /village as a general contractor is insufficient to claim this exemption. See Contracts 323. In addition, a city/village may not use its employees on a project for which a private person is financially responsible. Wis. Stat sec. 66.0901(11)(b). Highways, streets and bridges constructed or improved with federal or state funds and local matching funds are specifically exempt from the competitive bid requirements. Wis. Stat. sec. 86.25(4). Lastly, small cities and villages (population of 5000 or less) are probably authorized to contract with a county for highway improvement projects without competitive bidding. Wis. Stat. secs. 61.54, 62.15(1d), 66.0131, 66.0301 and 83.035. However, since no law specifically exempts such projects from competitive bidding, it is advisable that the city/village, before authorizing the county to do the work, first adopt, by three-fourths vote, an ordinance allowing the city/village, or at its option, the county, to do the work itself. Contracts 364; Contracts 321; 38 Op. Atty. Gen. 175 (1949).  Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. June 16, 2021. 1 Updated 19−20 Wis. Stats. VILLAGES 61.189 CHAPTER 61 VILLAGES 61.187 Dissolution. 61.35 Village planning. 61.188 Certain villages may become cities by charter ordinance. 61.351 Zoning of wetlands in shorelands. 61.189 Villages of 1,000 may become cities. 61.352 Required notice on certain approvals. 61.19 Annual elections; appointments. 61.353 Zoning of annexed or incorporated shorelands. 61.191 Population, use of federal census. 61.354 Construction site erosion control and storm water management zoning. 61.193 Establishing and changing compensation for elective offices. 61.36 Streets, sidewalks, sewers and watercourses. 61.195 Discontinuance and change of term of offices. 61.39 Service pipes and sewers. 61.197 Selection of officers. 61.44 Railroads, dust prevention. 61.20 Election of trustees; terms; number. 61.46 Village taxes. 61.21 Clerk to notify officers−elect; oath of office. 61.47 Street and sidewalk improvement tax. 61.22 Official bonds; officers not to be sureties. 61.48 County aid for construction and repair of bridges and culverts. 61.23 Terms; temporary vacancy. 61.50 Ordinances; contracts; other instruments; how executed. 61.24 President. 61.51 Auditing accounts. 61.25 Clerk. 61.26 Treasurer. 61.54 Public works. 61.261 Deputy village treasurer. 61.57 Acquisition of facilities without bids. 61.27 Assessor. 61.61 Village orders; borrowing money. 61.28 Marshal. 61.64 Ambulance service. 61.29 Constable. 61.65 Police and fire departments; pension funds. 61.31 Peace officers, powers. 61.66 Combined protective services. 61.32 Village board; meeting; salaries. 61.71 Consolidated plats; numbering of buildings. 61.325 Trustee may be appointed president. 61.72 Pest and disease prevention. 61.34 Powers of village board. 61.73 Village housing authorities. 61.342 Direct legislation. 61.74 Detachment of farm lands from villages. 61.345 Recycling or resource recovery facilities. 61.75 Rewards. 61.187 Dissolution. (1) PROCEDURE. Whenever a petition department of transportation and one to the department of rev- conforming to the requirements of s. 8.40, signed by at least one− enue. third as many electors of any village as voted for village officers History: 1977 c. 29 s. 1654 (8) (c); 1977 c. 273; 1989 a. 192; 1993 a. 301; 1999 a. 182; 2001 a. 107; 2005 a. 391; 2015 a. 55; 2017 a. 102. at the next preceding election for village officers in that village, shall be presented to the village board, and filed as provided in s. 8.37, praying for dissolution of the village, the village board shall 61.188 Certain villages may become cities by charter submit to the electors of the village the question whether or not the ordinance. Any village having a population of 1,000 or more village shall be dissolved. The question shall be determined by may proceed under s. 66.0101 to organize as a city of the appropri- ballot, in substantially the manner provided by ss. 5.64 (2) and ate class. The village may by charter or charter ordinance adopted 10.02, at a general election or at a special election called by the vil- under s. 66.0101 elect not to be governed by ch. 62 or 66 in whole lage board for that purpose. or in part or may create that system of government considered by the village to be most appropriate. The charter or charter ordi- (2) DATE OF; PROPERTY; CLAIMS; TERRITORY. (a) Subject to par. nance may include the following: method of election of members (c), if two−thirds of the ballots cast at the election under sub. (1) of the council by districts, at−large or by a combination of meth- are in favor of dissolution, the village shall, at the expiration of 6 ods, procedure for election of the first common council, creation months from the date of the election, cease to be a village. and selection of all administrative officers, departments, boards (c) The territory included within the village at the time of its and commissions, powers and duties of all officers, boards and dissolution shall revert to and become a part of the town or towns commissions and terms of office. The charter or charter ordinance from which it was taken or in which it is then located, except that may not alter those provisions of ch. 62 dealing with police and if the town or towns from which all of the village territory was fire departments or chs. 115 to 121 dealing with education. Any taken is no longer in existence, the village may not dissolve. The village incorporated after August 12, 1959, may not become a assets and liabilities of the village shall be apportioned under s. city under this section unless it meets the standards for incorpora- 66.0235 and, in accordance with that section, all assets and liabili- tion in ss. 66.0205 and 66.0207. ties of the village shall become the assets and liabilities of the town History: 1999 a. 150 s. 25. or towns to which the village territory reverts. (d) If, in accordance with par. (a), the results of the election 61.189 Villages of 1,000 may become cities. (1) When- under sub. (1) provide for dissolution, the village clerk shall, ever the resident population of any village exceeds 1,000 as shown within 10 days after the election, record the petition and determi- by the last federal census or by a census provided for under sub. nation of the village board of canvassers in the office of the regis- (3), the village may become a 4th class city, and the trustees of the ter of deeds of the county or counties in which the village is located village may at a regular meeting, by a two−thirds vote of the mem- and file with the secretary of administration certified copies of the bers thereof, by resolution, so determine. The resolution shall petition and the determination of inspectors of election. The vil- observe the requirements of s. 5.15 (1) and (2) for wards, and shall lage clerk shall also record in the office of the register of deeds a fix the number and boundary of the aldermanic districts into certificate by the village clerk showing the date on which the dis- which the city shall be divided and fix the time for holding the first solution takes effect and file with the secretary of administration city election, which shall not be less than 20 days from the date of 4 copies of the certificate. These documents shall be recorded and such resolution, shall designate a polling place for each ward, and indexed by the register of deeds. The index shall include the docu- shall provide for the appointment of initial inspectors of election ment number of the original documents and, if given on the origi- in the manner provided in ss. 7.30 and 7.32. nal documents, the volume or reel and the page or image number (2) The election shall be noticed and conducted and the result where the original documents are filed or recorded. The secretary canvassed and certified as in the case of regular village elections of administration shall forward 2 copies of the certificate to the and the village clerk shall immediately file with the secretary of 2019−20 Wisconsin Statutes updated through 2021 Wis. Act 46, through all Orders of the Controlled Substances Board filed before and in effect on June 16, 2021, and through all Supreme Court Orders filed before and in effect on April 15, 2021. Pub- lished and certified under s. 35.18. Changes effective after June 16, 2021, other than those made by Supreme Court Order No. 20−07, are designated by NOTES. (Published 6−16−21)  Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. June 16, 2021. 61.46 VILLAGES Updated 19−20 Wis. Stats. 8 amount of the proposed tax. The village board shall file the ques- (3) REQUIREMENTS FOR NOTICE. (a) In this subsection, “sum- tion as provided in s. 8.37. mary” has the meaning given in s. 59.14 (1m) (a). (2) HIGHWAY. The village board shall, at the same time and in (b) A notice of an ordinance or bylaw that may be published like manner, determine the amount, if any, of highway tax to be under this subsection shall be published as a class 1 notice under levied and collected in such village for the current year. Such ch. 985 and shall contain at least all of the following: highway tax shall thereafter be assessed and collected by the vil- 1. The number and title of the ordinance or bylaw. lage treasurer at the time and in the manner provided for the col- 2. The date of enactment. lection of other village taxes; and such highway tax shall be kept 3. A summary of the subject matter and main points of the as a separate fund, and shall be expended under the direction of the ordinance or bylaw. village board in the improvement of the streets, highways and bridges in said village. 4. Information as to where the full text of the ordinance or History: 1973 c. 90, 333; 1975 c. 39, 80, 224; 1977 c. 113 ss. 1, 6; 1977 c. 142; bylaw may be obtained, including the phone number of the village 1977 c. 203 s. 101; 1977 c. 418 ss. 389 to 394, 929 (42); 1979 c. 34; 1979 c. 175 s. clerk, a street address where the full text of the ordinance or bylaw 51; 1981 c. 20, 61, 93; 1983 a. 27; 1985 a. 29; 1999 a. 182. may be viewed, and a website, if any, at which the ordinance or bylaw may be accessed. 61.47 Street and sidewalk improvement tax. For the pur- History: 2007 a. 72; 2009 a. 173; 2017 a. 365 s. 112. pose of improving the streets, making and improving sidewalks and crosswalks and setting out shade and ornamental trees in such 61.51 Auditing accounts. (1) No account or demand village, the board may levy a tax in addition to the highway tax against the village shall be paid until it has been audited and provided for in s. 61.46 (2), and the amount fixed shall be levied, allowed and an order drawn on the treasurer therefor. Every such certified and collected as provided in these statutes. All moneys account shall be made out in items. After auditing, which, at the so collected shall be paid to the village treasurer and expended option of the board, may be done by the village manager or such under the direction of the board of trustees. other officer as may be designated, the board shall cause to be History: 1985 a. 29. endorsed by the clerk, over the clerk’s hand on each account, the words “allowed” or “disallowed,” as the fact is, adding the amount 61.48 County aid for construction and repair of allowed, if any, and specifying the items or parts of items disal- bridges and culverts. Any village may elect to become sub- lowed, if disallowed in part only. The minutes of the proceedings ject to all of the provisions of s. 82.08 by a resolution adopted by of the board, or a statement attached thereto, shall show to whom a two−thirds majority vote of all of the members of the village and for what purpose every such account was allowed and the board. The election to become subject to s. 82.08 shall be effective amount. Every such account or demand allowed in whole or in when a certified copy of the resolution is filed with the county part shall be filed by the clerk, and those of each year consecu- board and a majority of the towns and villages in the county that tively numbered, and have endorsed the number of the order on are already subject to s. 82.08 vote to approve the village’s elec- the treasurer issued in payment, and the clerk shall take a receipt tion. Until the village ceases to be subject to s. 82.08, the words thereon for such order. “town” and “town board” as used in s. 82.08 shall also apply to the (2) Payment of regular wages or salaries may be by payroll, village and its village board. A village that has become subject to verified by the proper official, and filed in time for payment on the s. 82.08 may cease to be subject to that section by the adoption of regular pay day and such payments heretofore made are validated. a resolution and its approval in the same manner as the village (3) The fiscal year in each village shall be the calendar year. became subject to that section. (4) Section 893.80 shall be applicable to villages. History: 2003 a. 214 s. 146. History: 1977 c. 285 s. 12; 1979 c. 323 s. 33; 1991 a. 316. NOTE: 2003 Wis. Act 214, which affected this section, contains extensive Cross−reference: See s. 66.0609 for an alternative system of approving claims. explanatory notes. 61.54 Public works. All contracts for public construction 61.50 Ordinances; contracts; other instruments; how shall be let by a village board in accordance with s. 62.15. The vil- executed. (1) PUBLICATION OF NOTICE OF ORDINANCES. Every lage board, or a person or body designated by the village board, contract, conveyance, commission, license or other written instru- shall exercise the powers and duties of the board of public works ment shall be executed on the part of the village by the president under s. 62.15. Section 62.15 applies to a village in the same man- and clerk, unless otherwise provided by resolution or ordinance, ner as to a city. sealed with corporate seal, and in pursuance only of authority History: 2009 a. 173; 2011 a. 32. therefor from the village board. All ordinances and bylaws shall Municipal competitive bidding statutes do not apply to projects undertaken by be signed by the president and countersigned by the clerk; and, if intergovernmental agreement or when the municipalities that will perform the work have made a determination under s. 62.15 (1) to do the work themselves with their any penalty or forfeiture is thereby imposed, the ordinance or own employees. OAG 5−09. bylaw shall be published either in its entirety, as a class 1 notice, under ch. 985, or as a notice, as described under sub. (3) (b), and 61.57 Acquisition of facilities without bids. A village shall take effect on the day after the publication or a later date if may contract for the acquisition of any element of the following expressly prescribed. If there is no newspaper published in the vil- without submitting the contract for bids as required under s. 61.54 lage, the village board may in lieu of newspaper publication have if the village invites developers to submit proposals to provide a copies of the ordinances and bylaws posted in at least 3 public completed project and evaluates proposals according to site, cost, places in said village, and proof thereof filed and recorded by the design and the developers’ experience in other similar projects: village clerk, and the same shall take effect the day after the proof (1) A recycling or resource recovery facility. of posting has been filed and recorded, or at a later date if (2) If the village contains an electronics and information tech- expressly provided in the ordinance or bylaw. nology manufacturing zone that is designated under s. 238.396 (1m) INDETERMINATE PUBLICATION. When any village ordi- (1m): nance is required by law to be published without express designa- (a) Water and sewer systems. tion therein as to class of notice, the ordinance shall be published (b) Wastewater treatment facilities. either in its entirety, as a class 1 notice under ch. 985, or as a notice, History: 1983 a. 425; 2009 a. 173; 2017 a. 58. as described under sub. (3) (b). (2) ENTITLING OF ORDINANCE. All ordinances shall be suitably 61.61 Village orders; borrowing money. No village or entitled and in this style: “The village board of .... do ordain as fol- any officer thereof shall have power to issue any time or negotia- lows”. All authorized ordinances and bylaws shall have the force ble order, or borrow money, except in the manner and for the pur- of law and remain in force until repealed. poses expressly declared by statute. 2019−20 Wisconsin Statutes updated through 2021 Wis. Act 46, through all Orders of the Controlled Substances Board filed before and in effect on June 16, 2021, and through all Supreme Court Orders filed before and in effect on April 15, 2021. Pub- lished and certified under s. 35.18. Changes effective after June 16, 2021, other than those made by Supreme Court Order No. 20−07, are designated by NOTES. (Published 6−16−21)  Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. June 16, 2021. 1 Updated 19−20 Wis. Stats. CITIES 62.05 CHAPTER 62 CITIES SUBCHAPTER I 62.232 Required notice on certain approvals. GENERAL CHARTER LAW 62.233 Zoning of annexed or incorporated shorelands. 62.01 Saving clause. 62.234 Construction site erosion control and storm water management zoning. 62.02 Repeal of special charters. 62.237 Municipal mortgage housing assistance. 62.03 First class cities excepted. 62.25 Claims and actions. 62.04 Intent and construction. 62.26 General provisions. 62.05 Classes of cities. SUBCHAPTER II 62.071 Annexations to cities of the first class. FIRST CLASS CITIES 62.075 Detachment of farm lands from cities. 62.50 Police and fire departments in 1st class cities. 62.08 Alteration of aldermanic districts. 62.51 Mayoral appointments in 1st class cities. 62.09 Officers. 62.53 Real property used for school purposes; 1st class cities. 62.11 Common council. 62.55 Requirements for surety bonds of officers and employees in 1st class cities. 62.115 Defense of officers by city attorney. 62.57 Uniform salaries in 1st class cities. 62.12 Finance. 62.59 Police authority to alderpersons in 1st class cities repealed. 62.13 Police and fire departments. 62.61 Health insurance; 1st class cities. 62.133 Ambulance service. 62.62 Appropriation bonds for payment of employee retirement system liability 62.135 Highway safety coordinator. in 1st class cities. 62.14 Board of public works. 62.621 Agreements and ancillary arrangements for certain notes and appropria- 62.15 Public works. tion bonds. 62.155 Acquisition of facilities without bids. 62.622 Employee retirement system liability financing in 1st class cities; addi- 62.16 Street grades; service pipes. tional powers. 62.17 Enforcement of building codes. 62.623 Payment of contributions in an employee retirement system of a 1st class 62.175 Sewer and water extensions in 1st and 2nd class cities; sewage from other city. municipalities. 62.624 Employee retirement system of a 1st class city; duty disability benefits for 62.18 Sewers. a mental injury. 62.185 Sewer district bonds. 62.63 Benefit funds for officers and employees of 1st class cities. 62.19 Water and heat pipe extensions. 62.65 Death benefit payments to foreign beneficiaries. 62.22 Acquiring property; opening or changing streets. 62.67 Uninsured motorist coverage; 1st class cities. 62.225 Recycling or resource recovery facilities. 62.69 First class city utilities. 62.23 City planning. 62.71 Pedestrian malls in 1st class cities. 62.231 Zoning of wetlands in shorelands. 62.73 Discontinuance of public grounds. SUBCHAPTER I (3) The revision of the general charter law by chapter 242, laws of 1921 shall not affect the application of any provisions of GENERAL CHARTER LAW the general charter previously adopted by any 1st class city under special charter, but such provisions shall as to such cities retain the same force and application as they had before the enactment of 62.01 Saving clause. That no inconvenience may arise by chapter 242, laws of 1921. reason of change of government of cities from special charter to History: 1977 c. 151; 1979 c. 90 s. 21; 1979 c. 221, 260, 355; 1981 c. 281 s. 17; general charter, or by reason of the revision of the general charter 1983 a. 395, 532, 538; 1989 a. 113; 1993 a. 400; 1999 a. 150. law, it is declared that: Milwaukee can adopt less than a statute “section,” from this chapter. State ex rel. Cortez v. Board of Fire & Police Commissioners, 49 Wis. 2d 130, 181 N.W.2d 378 (1) All vested rights, pending actions and prosecutions, and (1970). existing judgments, claims, and contracts, both as to individuals The city of Milwaukee cannot, by charter ordinance, adopt s. 62.13 (5) (b) since s. 62.13 deals with a subject of state−wide concern; it cannot do so under this section and bodies corporate, shall continue as though no change had since that requires the adoption of whole sections. 58 Atty. Gen. 59. taken place. (3) Ordinances in force, so far as not inconsistent herewith, 62.04 Intent and construction. It is declared to be the inten- shall continue in force until altered or repealed. tion of the revision of the city charter law, to grant all the privi- (5) Nothing herein shall change the time for paying taxes as leges, rights and powers, to cities which they heretofore had provided in any special city charter until the council shall by ordi- unless the contrary is patent from the revision. For the purpose of nance change the same to conform to general law. giving to cities the largest measure of self−government compat- ible with the constitution and general law, it is hereby declared that 62.02 Repeal of special charters. All special charters for ss. 62.01 to 62.26 shall be liberally construed in favor of the rights, cities of the 2nd, 3rd and 4th classes are hereby repealed and such powers and privileges of cities to promote the general welfare, cities are hereby incorporated under this subchapter. The city peace, good order and prosperity of such cities and the inhabitants clerk shall forthwith certify the boundaries of such city to the sec- thereof. retary of administration, who shall file the same and issue to such 62.05 Classes of cities. (1) Cities shall be divided into 4 city a certificate of incorporation as of the date when this sub- classes for administration and the exercise of corporate powers as chapter became effective, and record the same. History: 1977 c. 151; 2015 a. 55. follows: (a) Cities of 150,000 population and over shall constitute 1st 62.03 First class cities excepted. (1) This subchapter, class cities. except ss. 62.071, 62.08 (1), 62.09 (1) (e) and (11) (j) and (k), (b) Cities of 39,000 and less than 150,000 population shall 62.175, 62.23 (7) (em) and (he) and 62.237, does not apply to 1st constitute 2nd class cities. class cities under special charter. (c) Cities of 10,000 and less than 39,000 population shall con- (2) Any such city may adopt by ordinance this subchapter or stitute 3rd class cities. any section or sections thereof, which when so adopted shall apply (d) Cities of less than 10,000 population shall constitute 4th to such city. class cities. 2019−20 Wisconsin Statutes updated through 2021 Wis. Act 46, through all Orders of the Controlled Substances Board filed before and in effect on June 16, 2021, and through all Supreme Court Orders filed before and in effect on April 15, 2021. Pub- lished and certified under s. 35.18. Changes effective after June 16, 2021, other than those made by Supreme Court Order No. 20−07, are designated by NOTES. (Published 6−16−21)  Updated 2019−20 Wis. Stats. Published and certified under s. 35.18. June 16, 2021. 13 Updated 19−20 Wis. Stats. CITIES 62.15 of the board from their number, and in cities of the first class a sec- (1a) ESCALATOR CLAUSES. Contracts may include escalator retary; in other cities the city clerk shall be the secretary of the clauses providing for additional charges for labor and materials if board. as a result of general inflation the rates and prices of the same to (3) COMPENSATION. The commissioners of public works in cit- the contractor increase during performance of the contract. Such ies of the second class shall receive a salary, but in all other cities escalator provision shall be applicable to all bidders and shall not the salaries of the attorney, comptroller and engineer respectively exceed 15 percent of the amount of the firm bid nor the amount of shall be in full for their services as members of such board. the increase paid by the contractor. Each bid on a contract that is (4) RULES FOR, BY COUNCIL. The council may make such rules to include an escalator provision shall be accompanied by a sched- as the council deems proper, not contravening this subchapter, for ule enumerating the estimated rates and prices of items of labor the government of the board of public works and the manner in and materials used in arriving at the bid. Only as to such items as which the business of said board shall be conducted. are enumerated shall an increased charge be allowed the contrac- (5) QUORUM; RECORD; REPORT. A majority of the board shall tor. constitute a quorum for doing business. They shall keep a record (1b) EXCEPTION AS TO PUBLIC EMERGENCY. The provisions of of all their proceedings, which shall be open at all reasonable sub. (1) and s. 281.41 are not mandatory for the repair and recon- times to the inspection of any elector of such city, and shall make struction of public facilities when damage or threatened damage a report to the council on or before the first day of March in each thereto creates an emergency, as determined by resolution of the year, and oftener if required. board of public works or board of public utility commissioners, in (6) DUTIES AND POWERS. (a) In general. It shall be the duty which the public health or welfare of the city is endangered. of the board, under the direction of the council, to superintend all Whenever the city council determines by majority vote at a regu- public works and keep the streets, alleys, sewers and public works lar or special meeting that an emergency no longer exists, this sub- and places in repair. section no longer applies. (b) Unusual use of streets. No building shall be moved through (1c) INCREASED QUANTITY CLAUSES. Contracts may include the streets without a written permit therefor granted by the board clauses providing for increasing the quantity of construction of public works, except in cities where the council shall, by ordi- required in the original contract by an amount not to exceed 15 nance authorize some other officer or officers to issue a permit percent of the original contract price. therefor; said board shall determine the time and manner of using (1d) LIMITATION ON HIGHWAY WORK PERFORMED BY A COUNTY. the streets for laying or changing water or gas pipes, or placing and Notwithstanding ss. 66.0131, 66.0301, and 83.035, a city having maintaining electric light, telegraph and telephone poles therein; a population of 5,000 or more may not have a highway improve- provided, that its decision in this regard may be reviewed by the ment project performed by a county workforce except as provided council. under s. 86.31 (2) (b). (c) Restoring streets. In case any corporation or individual (1e) DONATED IMPROVEMENT. Subsection (1) does not apply shall neglect to repair or restore to its former condition any street, to the construction by a private person of an improvement that is alley or sidewalk excavated, altered or taken up, within the time donated to the city after the completion of construction. and in the manner directed by the board, said board shall cause the (2) PLANS; CONTRACT; BOND. When the work is required or same to be done at the expense of said corporation or individual. directed to be let to the lowest responsible bidder, the board of The expense thereof, when chargeable to a lot owner, shall be cer- public works shall prepare plans and specifications for the same, tified to the city clerk by the board, and if not paid shall be carried containing a description of the work, the materials to be used and into the tax roll as a special tax against the lot. such other matters as will give an intelligent idea of the work (7) RECORDS OF CITY ENGINEER. The city engineer shall keep required and file the same with the city clerk for the inspection of on file in the engineer’s office, in the office of the city clerk, a bidders, and shall also prepare a form of contract and bond with record of all the engineer’s official acts and doings and also a copy sureties required, and furnish a copy of the same to all persons of all plats of lots, blocks and sewers embraced within the city lim- desiring to bid on the work. its, all profiles of streets, alleys and sewers and of the grades (3) ADVERTISEMENT FOR BIDS. After the plans, specifications thereof, and of all drafts and plans relating to bridges and harbors and form of contract have been prepared, the board of public and of any buildings belonging to the city; and shall at the same works shall advertise for proposals for doing such work by pub- place keep a record of the location of all bench marks and perma- lishing a class 2 notice, under ch. 985. No bid shall be received nent corner stakes from which subsequent surveys shall be started; unless accompanied by a certified check or a bid bond equal to at which said records and documents shall be the property of the city least 5 percent but not more than 10 percent of the bid payable to and open to the inspection of parties interested, and shall be deliv- the city as a guaranty that if the bid is accepted the bidder will exe- ered over by said engineer to the engineer’s successor or to the cute and file the proper contract and bond within the time limited board of public works. Whenever requested, the engineer shall by the city. If the successful bidder so files the contract and bond, make a report of all doings of the engineer’s department to the upon the execution of the contract by the city the check shall be board of public works. returned. In case the successful bidder fails to file such contract History: 1977 c. 151; 1991 a. 316. and bond the amount of the check or bid bond shall be forfeited to the city as liquidated damages. The notice published shall 62.15 Public works. (1) CONTRACTS; HOW LET; EXCEPTION inform bidders of this requirement. FOR DONATED MATERIALS AND LABOR. All public construction, the estimated cost of which exceeds $25,000, shall be let by contract (4) SURETIES, JUSTIFICATION. The sureties shall justify as to to the lowest responsible bidder; all other public construction shall their responsibility and by their several affidavits show that they be let as the council may direct. If the estimated cost of any public are worth in the aggregate at least the amount mentioned in the construction exceeds $5,000 but is not greater than $25,000, the contract in property not by law exempt from execution. A certi- board of public works shall give a class 1 notice, under ch. 985, fied check in amount equal to 5 percent of the bid, and a provision of the proposed construction before the contract for the construc- in the contract for the retention by the city of 20 percent of the esti- tion is executed. This provision does not apply to public construc- mates made from time to time may be accepted in place of sureties. tion if the materials for such a project are donated or if the labor (4m) SUBSTANTIAL COMPLIANCE. If any certified check or bid for such a project is provided by volunteers. The council may also bond is in substantial compliance with the minimum guaranty by a vote of three−fourths of all the members−elect provide by requirements of subs. (3) or (4), the letting authority may, in its ordinance that any class of public construction or any part thereof discretion, accept such check or bid bond and allow such bidder may be done directly by the city without submitting the same for 30 days to furnish such additional guaranty as may be required by bids. said authority. Substantial compliance hereunder may be found 2019−20 Wisconsin Statutes updated through 2021 Wis. Act 46, through all Orders of the Controlled Substances Board filed before and in effect on June 16, 2021, and through all Supreme Court Orders filed before and in effect on April 15, 2021. Pub- lished and certified under s. 35.18. Changes effective after June 16, 2021, other than those made by Supreme Court Order No. 20−07, are designated by NOTES. (Published 6−16−21)