Town Businesses Weighing Whether to Sign Non-Annexation Pledge

As the Town Board on Tuesday approved special assessments to build a new water tower, the town clerk said a number of businesses were interested in an offered incentive to avoid the charges.

The town is offering to waive special water assessments to businesses that into neighboring cities. The carrot comes as town resident Jay Walt pursues state approval to incorporate the town as a village to protect its borders from annexation by the cities of Brookfield, Waukesha and Pewaukee.

"We've had quite a few who are interested in signing," Town Clerk Jane Carlson said.

She said she didn't know how many had already signed the agreement and added that many had requested copies of it but hadn't signed it yet. Among those who have signed the deal are the Marcus Corp. and Menards, on whose lands is proposed a densely packed department store.

The Town Board voted unanimously Tuesday to adopt a final special assessment schedule that aims to collect about $820,500, or 66 percent, of the estimated $1.24 million cost to build a new water tower and connecting main. 

The remaining 34 percent would be funded through town water rates charged to residential and non-residential properties.

The assessments imposed on about 200 town property owners range from a few hundred dollars to as much as $62,000. Institutional properties, such as schools and churches, were among those assessed. 

The new 350,000-gallon water tower would be used to offer better fire protection primarily for the commercial corridor along Blue Mound Road, Town Administrator Rick Czopp said.

No bids have been made and the exact cost of the project is unknown. Town Attorney Jim Hammes said if the bids came in lower than the special assessment schedule envisions, the board could revisit and revise it.

Hammes said some businesses have proposed other ways to avoid the special assessments, such as agreeing to extend sewer or water to other town properties. But he said the only incentive the town was offering was the same 20-year non-annexation pledge, the language of which was not being altered for individual businesses.

"We're not modifying the agreement for any property owner," Hammes said.

The Town Board also met in closed session Tuesday to discuss potential litigation over Walt's request to incorporate. He said he has until September to file the required signatures and hoped neighboring communities would not object.  

In other action, the town tabled an agreement with the City of Brookfield over a proposed swap of sewer and water services in the far southwest corner of the city on its border with the town. Hammes said he wanted more time to talk with the city, saying there was some redundant and some unclear language in the contract.

City last month, saying it was a good example of intergovernmental cooperation and avoidance of duplicative utility work.

The agreement would provide city water to seven town properties along Greenfield Avenue near Barker Road in exchange for the town providing sanitary sewer to one city property that needs sewer in order to build a potential 186-unit multifamily residential project.