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PSCM19970903CORRECTED • PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO MINUTES OF MEETING HELD WEDNESDAY SEPTEMBER 3, 1997 The meeting was called to order at 7.10 p.m. by Chairman Patterson. Also present were Committee members Aid. Slocomb and Aid. Pionek, Building Director Dykstra, Chief Johnson and Public Works Superintendent John Loughney. The Committee noted that the meeting was posted in accordance with the Open Meeting Law. The committee reviewed minutes of previous meeting held August 4, 1997 Aid. Slocomb moved to approve minutes. Seconded by Aid. Pionek, motion carried 3- 0. 1 Building Director Dykstra updated the Committee on the status of condemnations/citations, as attached. 2. Building Director Dykstra updated the Committee on the status of existing forms and ordinances. Aid. Pionek moved that Director Dykstra look for similar Business • Registration Program ordinances used in other communities and make a recommendation based on his findings. Aid. Slocomb seconded, motion carried 3-0. 3. The committee heard from Superintendent Loughney regarding recycling/refuse status. Seven complaints were reported: One regarding missed garbage collection, three missed recycling collection, one call regarding blowing garbage and two calls regarding non -receipt of recycling bins. All complaints were handled. Aid. Slocomb made mention of his observance of blowing garbage on Hwy 00. A brief discussion of responsibility ensued. Superintendent Loughney mentioned that October 1, 1997 is the deadline to apply for the recycling grant. According to a newsletter from the State the amount of money available to communities will be down 18% on average. Committee requests that Jean Zaremba work on the grant application with Aid. Patterson, submit to the State and forward a copy to the Public Services Committee for their review at the October meeting. Subsequent discussions will cover any resultant monetary shortfall caused by the reduced grant. 4. Superintendent Loughney provided status of Cable TV Two minor interruptions of service occurred and were corrected to the customers satisfaction. PUBLIC SERVICES COMMITTEE - PAGE 2 • SEPTEMBER 3, 1997 5. Aid. Slocomb gave his report on the progress on Landfill Agreements. The Future Parkland Development Inc., Siting Committee has begun negotiating with Future Parkland on their request to double the existing site, providing landfill accommodations for the next 15 years. 6. Superintendent Loughney updated the Committee on the request to County for a no parking sign on Racine and Red Oak Court. Letter was sent to Richard Bolte on July 27,1997 No reply to -date. Carried over to next months meeting. NEW BUSINESS 1 Chief Johnson provided a report from Sgt. Steven Kukowski regarding parking concerns in the Kelsey Drive and Racine Avenue (Broke Spoke Tavern) area. Chief Johnson recommends due to safety that the signs become permanent. Aid. Slocomb moved to have Director of Public Works write to County requesting permanent signs on Racine Avenue and install permanent signs on Kelsey Drive, per report by Sgt. Steven Kukowski. Aid. Pionek seconded - motion carried 3-0. • 2. Trick or Treat hours were discussed. A survey of neighboring communities, found that Greendale, Franklin and New Berlin have their observance set for October 26, 1997 from 1:00-4:00 p.m. The town of Vernon is scheduled for the same day from 2:00-4:00 p.m. It was noted that some subdivisions in the City in the past have asked to have trick or treating in their subdivisions in the evening, and the Clerk -Treasurer has provided them with the criteria to be followed for such an event. At this time Chief Johnson was excused. Aid. Slocomb moved to set Trick or Treat hours for Sunday, October 26, 1997 from 1:00 to 4:00 p.m., and if any group or subdivision is planning on trick or treat outside of the hours set by the City, those group(s) should notify the Clerk - Treasurer. Seconded by Aid. Pionek, motion carried 3-0. Action Item: Press release to be completed by the Clerk -Treasurer incorporating the standard procedure and suggestions for safe/private trick or treating. Note: At 9/9/97 Council meeting the following paragraph was removed from minutes and referred to Committee for further review.) 3. Review of Dog ordinance which was referred from Public Hearing was discussed. Aid. Patterson had no recent recollection of any complaints regarding the 2 dog limit. Aid. Slocomb informed the Committee that he knew of several individuals within his • jurisdiction that were not in compliance with the PUBLIC SERVICES COMMITTEE - PAGE 3 SEPTEMBER 3, 1997 current law, but had received no complaints regarding their pets. Aid. Patterson was concerned about increasing the number of dogs allowed whereby increasing the potential for problems. Aid. Slocomb moved to increase the number of dogs allowed by Section 13.01(16) of the Municipal code from 2 to 3. Aid. Pionek seconded. Motion defeated 2-1 with Aid. Slocomb casting only "yes" vote. 4. Review of proposed ordinance for installation of public utilities was discussed. Committee was unsure of author of document. Building Director Dykstra and Superintendent Loughney to review the document and communicate those findings to the Committee at the next meeting. Motion by Aid. Slocomb to defer discussion to next meeting. Seconded by Aid. Pionek, motion carried 3-0. Aid. Slocomb moved to adjourn at 8:15 p.m. Seconded by Aid. Patterson, motion carried 3-0 Respectfully submitted, Linda Recording Secretary Ig REPORT BY CHUCK DYKSTRA, SR. • TO THE PUBLIC SERVICES COMMITTEE SEPTEMBER, 1997 CITATIONS Meadow Green #3 - Gregory, Gloria, Gary and Pam Boehm #244513 Performing land disturbing activities without permit. Trial scheduled in Waukesha Circuit Court for January 3, 1997. Waukesha Circuit Court (1-3-97), resulted in $10,000 forfeiture and 2 year probation period. Stipulation: $5000 due on or before May 3, 1996. Balance in 8 equal installments commencing on June 3, 1997 and continuing until January 3, 1998. $5000 received on May 15, 1997. June 3rd payment not received, Attorney Trindl investigating City options. 7-14 received $4375, balance of $625 due on or before 12-31-97. No change. W188 S8276 Mercury Dr. - Dale Kreil DBA/Country Lakes Marine • #244520 & Performing construction alterations without a 255624 permit and performing alterations to plumbing without a permit. City appealing decision on plumbing citation to Circuit Court and Kreil appealing guilty verdict on construction citation. Parties have stipulated to consolidate these two cases and one Plan Dept. case into one court. Jury trial scheduled December 17th. City filed motion with court for an injunction to stop Kreil from doing business until site is in compliance. Judge Mawdsley allowing 30 day extensions providing progress realized each 30 days. Attorney Trindl attempting to get hearing with Judge Mawdsley prior to December 17th trial to revisit injunction possibilities, since last deadline missed. December 17th trial rescheduled to January 7, 1997, and bumped to April 29, 1997. Injunction hearing tentatively scheduled for January 13, 1997. Judge Mawdsley on 1-13-97 required Kreil to reappear in court on February 24, 1997 and report progress made in addressing code violations. Continuing progress required. Kreil's architect submitted plans and permit application within allotted time - issue to be revisited in 30 days by Judge Mawdsley. No permits obtained to date, Attorney Trindl • working to schedule new hearing regarding lack of progress. May 1, 1997, hearing rescheduled to May 13, 1997. Stipulation agreement in final stages. Stipulation agreement has not been received, Kreil's attorney fails to return Attorney Trindl's calls. Attorney Trindl to request court date. W151 S10282 Thode Dr. - Robert Haffner #244523 Performing land disturbing activities without a valid permit. $999.88 citation paid 10-10-95 to County Court Judge stayed $10,172.12 balance. • City appealing Judge's ability to stay forfeiture. DNR permit approved, local permit issued February 29, 1996. Forfeiture issue not yet resolved by Court. Judge Murphy (Circuit Court) sent matter back to Judge Lenz; Judge Murphy ruled case not yet ripe for appeal. Scheduled to be heard in Muskego Court September 7, 1996. Parties could not agree on forfeiture matter set for trial October 5, 1996.Payment forwarded from County received 9-17-96 999.88 Adjourned from October 5th due to DNR staff schedule conflict, new date December 14, 1996. 12/14/96 trial, Judge Lenz upheld prior decision and maintained original forfeiture of $11,172. Haffner appealed decision January 3, 1997. Pretrial at county not yet scheduled. Judge Lenz required $1,000 bond be posted during appeal process. Status conference scheduled July 25, 1997, jury trial scheduled for August 4, 1997. Jury trial rescheduled for December 2, 1997. 5107 W17687 Muskego Dam - Wind Lake Management District M244539 Commenced and continued lake disturbing activities prior to paying required fees and receiving permit. Attorney Jeff Krill retained to represent District, no compliance to date. Initial • appearance December 14, 1996, plead not guilty. Scheduled for preliminary conference 1-22-97. Scheduled for pretrial conference 2-26-97. Adjourned to March 26th to allow for further negotiations. Mayor and Attorney still negotiating with Wind Lake. Trial scheduled for May 28, 1997. DNR was issued a permit to restore site, however, no resolution to original permit issue to date. May 28, 1997, trial cancelled, adjourned for 60 day, no new date set. Scheduled for disposition on September 24, 1997. Negotiations still ongoing between Wind Lake and City. W190 57602 Richdorf Drive - Daniel Serdyn M244540 Failure to make required corrections to deteriorated roof structure. Scheduled for initial appearance January 8, 1997. Mr. Serdyn filed bankruptcy - Lender's sale of home on hold. Letter sent to Mr. Serdyn reaffirming roof requires repairs by May 26, 1997. Trial in June. Permit obtained May 22, 1997, to repair roof. Work has not yet started on this project. June 11, 1997, Dan Serdyn failed to appear found guilty, assessed a $149.00 forfeiture. Mr. Serdyn has now • filed an action to vacate and reopen the matter which will be heard on July 9, 1997. Request to vacate and reopen denied. $148.00 forfeiture due by August 13. 1997. Forfeiture paid in full 8-4-97. TXTCITY/COUNCIL SAFETY