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CCR1998122COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #122-98 RESOLUTION AS TO REQUESTING JURISDICTION OF PARKLAND MALL PROPERTY WHEREAS, Through written correspondence dated July 28, 1997, the City of Muskego turned over all responsibility to the Department of Commerce relating to inspections for property known as Parkland Mall, S74 W17000 Janesville Road, because of alleged conflicts with the Building Department and its director; and WHEREAS, Through the last year, the State of Wisconsin has attempted to gain compliance for said property; and WHEREAS, The State of Wisconsin has indicated that it will release said property to the Attorney General's office for prosecution, which procedure may take as long as three years; and WHEREAS, The City of Muskego has within its authority the right to resume control of said property for the purpose of enforcement and condemnation under state statute in a more timely manner; and WHEREAS, It is the Mayor's recommendation that the City of Muskego resume control for more timely enforcement and compliance. THEREFORE, BE IT RESOLVED, That the Common Council of the City of Muskego does hereby concur with the Mayor's recommendation to reaccept jurisdictional responsibility for Parkland Mall in an effort to gain compliance in a timely manner BE IT FURTHER RESOLVED That this action is being taken in the best interest of the health, welfare, and quality of life for all the citizens of the City of Muskego. BE IT FURTHER RESOLVED That upon passage of this Resolution, the City will begin exploring compliance issues and take the appropriate measures to gain Compliance. 0 DATED THIS 14th DAY OF JULY, 1998. SPONSORED BY: David L. De Angelis, Mayor This is to certify that this is a true and accurate copy of Resolution #122-98 which was adopted by the Common Council of the City of Muskego. 7l98jmb OFFICE OF THE MAYOR David L. De Angelis Mayor (414) 679-4188 July 8, 1998 Mr. Tony Rubio Department of Commerce - safety 6 Building Division 401 Pilot Court - Suite c Waukesha, WI 53188 RE: Parkland Mall - 574 W17000 Janesville Road - Tax Key t2198-984 Dear Mr. Rubio: On behalf of the City of Muskego, subject to Council approval, I would like to request the release of the Parkland Mall property Muskego's jurisdiction for all Building, WAC, Plumbing and located at 574 W17000 Janesville Road, back to the City of Electrical work, as well as related inspections, and all sewer and water permits and inspections. Because of the importance of this property and the prolonged process through which it appears this may take through the State Attorney General's office, I would like this property returned to the City of Muskego's jurisdiction with the understanding that this item will be placed on the Common Council agenda for July 14, 1998, to receive their concurrence. Please refrain from any action until July 15, 1998, when I have concurrence by the Common Council. This letter should be considered as an Intent to Return until Common Council action. Thank you for your cooperation with the City of Muskego over the past year and I will be contacting you shortly. /ca c: Aldermen Mr. BeMette Burks - DOC W182 a200 Racine Avenue Box 903 Muskego, Wisconsin 53150-0903 hx (414) 679-5630 BUILDING DEPARTMENT Chuck D. Dykstra, Sr., Director (414) 679-4145 Inspection Requests (414) 679-4110 July 28, 1997 Mr. Bennette Burks Safety and Building Division 201 E. Washington Avenue Madison, WI 53707 P.O. Box 7969 RE: Transfer of inspection responsibilities for property located at S74 W17000 Janesville Road, Muskego, WI - Tax Key #2198-984 Dear Mr. Burks: Subsequent to our telephone conversation of July 25, 1997 and pursuant to your request for same, this letter is forwarded to request a transfer of inspection responsibilities for the structure located at S74 W17000 Janesville Road, Muskego, WI - Tax Key This request is a result of conflicts which have arisen between the most recent owner of this facility, Mr. Art Dyer and the City of Muskego. As explained in our telephone conversation, Mr. Dyer and the City have had numerous encounters, including but not limited to the following: 'City disapproving a proposed development by Mr. Dyer known as Cowtown. subject of this letter. 'City and Mr. Dyer competing for purchase of structure which is the #2198-984. City. 'City and Mr. Dyer competing for purchase of other property in for demolition of interior partitions when no alteration permits 'Mr. Dyer challenging this department's decision to require permits have been submitted for building. to the press and expressing his intention to file claim of same 'Mr. Dyer making claims of selective enforcement by this department with the State. W182 S8200 Racine Avenue Box 903 Muskego, Wisconsin 53150-0903 Fax (414) 679-5618 In an attempt to minimize the possibility of future conflict between the City and Mr. Dyer and in the interest of obtaining a code compliant structure, the City is requesting the State take over the inspection responsibilities for the property located at S74 W17000 Janesville Road, Muskego, WI - Tax Key #2198.984, for the duration of time during which Mr. Dyer has ownership of the building. Upon transfer of ownership to anyone other than Mr. Dyer, the City and inspections of the facility. The City also reserves the right of Muskego would wish to again resume responsibility for permits to terminate this transfer at any other time as may be deemed appropriate. This request is intended to encompass Building, WAC, Plumbing and Electrical work as well as all related inspections. Likewise, permits or inspections would be required by the City, for the work should additional sewer or water service work be required, no normally inspected by the City Plumbing Inspector. The City does reserve the right to charge other reasonable and customary fees not related to inspections. Zoning fees will also continue to be charged as will fees for our Business Registration program which would affect new tenants of the structure. The City would continue to exercise control over exterior lighting, signage, parking and other site plan issues through the Plan Commission site and operation plan approval process, but would not issue electrical permits for same. In an effort to minimize the possibility of future problems or misunderstanding, between Mr. Dyer and the City, relative to required site plan reviews, the City requests that State plan review offices (Waukesha and/or Madison), notify the City upon receipt of plans for projects at this location. The City will then verify all approvals have been obtained for same and in the event local approval has not been obtained, will notify Mr. Dyer of required procedure. If possible, the City would also like to receive notification from the State when plans have been approved or when any portion of the final inspection and state receipt of completion statement from facility has been approved for occupancy or use, (upon approved supervising professional), so that we can stay appraised of ongoing 0 activities in our community We hope that you will give careful consideration to this request and look forward to discussing any questions you may have in this regard. Sincerely, Chuck Dykstra, Sr. Mayor - City of Kuskego CC: Alderman Enclosures CDD/s j s cc :