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PSCM19971015PUBLIC SERVICES COMMITTEE - CITY OF MUSKGO • MINUTES OF MEETING HELD WEDNESDAY OCTOBER 15, 1997 The meeting was called to order at 7:07 p.m., by Chairman Patterson. Also present were Committee members Aid. Slocomb, Aid Pionek, Building Director Chuck Dykstra, Police Chief John Johnson, Public Works Superintendent John Loughney and those per the attached list. The Committee noted that the meeting was posted in accordance with the Open Meeting Law. The Committee reviewed minutes of the previous meeting held September 3, 1997 Aid. Slocomb moved to approve the minutes. Seconded by Aid. Pionek. Vote 3-0, carried by all. UNFINISHED BUSINESS Update on status of Condemnations/Citations: Building Director Dykstra updated the Committee on the status of condemnations and citations, as attached. on existing forms and ordinances - DISCUSS REVISED BUILDING CODE: Aid. Pionek requested deferral to next month's meeting to allow time for an in-depth review of the materials by the Committee members. Dykstra discussed the Point of Sale Ordinance and that it is in use and that several title companies have been provided with a copy of the entire Ordinance. The brochure created outlining what is required is being used. Additionally, Dykstra will place the entire Point of Sale text on the City's Website. • Status of Recycling/Refuse - Review of Recycling Grant Submitted: Chairman Patterson stated that this years grant was calculated and submitted using the same formulas as had had been used in prior years. These formulas have been approved previously by State audits. Status of Cable TV: Chairman Patterson discussed the demonstration of the new capabilities from Warner Cable. Some radical changes will be in the future with regard to the product provided by Warner Patterson read the letter received from Beverly Greenberg (Warner Cable - attached) regarding the paying of a franchise fee on the franchise fee. Aid. Slocomb moved to not collect franchise fees on the franchise fee. Aid. Pionek seconded. Vote 3-0, carried by all. Chairman Patterson discussed a possible interruption in reception to cable customers in the past week caused by "sun outages", these could continue through October 16, 1997 Customers should wait until this celestial occurrence subsides before customers call the cable company with problems. Status of Landfill Agreement: See New Business #2 "No Parking" sign/Racine & Red Oak Court: Police Chief Further discussion of dog ordinance: The Council has sent back to this Committee their • recommendation for keeping the number of dogs allowed in the City of Muskego to two. Council would like the Committee to reconsider. Chief Johnson discussed his concerns and outlined Public Services Committee Meeting - City of Muskego October 15, 1997 Page 2 some instances involving dogs with the current limit of just two. Adding dogs will only add to a • problem that his force has to deal with. He is not in favor of a law change at this time. Aid. Slocomb has three individuals in his District that are currently in violation of the Ordinance. Constituents are concerned about losing their pets if the current Ordinance is enforced. The Committee discussed the possibility of a correlation with the number of dogs allowed with the number of acres the resident has. Aid. Pionek concerned with the policing of an "acreage' allowance and feels the Ordinance should be a straight -forward limit. Aid. Slocomb moved to allow three dogs per owner in the City of Muskego. Chairman Patterson seconded for discussion only. Vote 1-2, (Slocomb yes vote), motion defeated. Dykstra and Loughney both agree that changing an Ordinance for a small group of individuals is not a true representation of what the community wants. Chairman Patterson requests that the Hobby Ordinance be placed on next months agenda for review. NEW BUSINESS Review request for signage-Muskego Dam Road/Kelsey Drive (Aid. Sanders): A petition was received along with a request for action by Aid. Sanders constituents. In lieu of grading the hill down to eliminate the "blind spot", resident Orville Peters recommends a stop sign with a 'right turn no stop" sign in the northbound lane of Muskego Dam Rd., and Kelsey Dr., intersection. Discussion regarding several signage options. Aid. Slocomb moved to install a stop sign on the southeast corner of Muskego Dam Rd., and a sign stating "right turn no stop" directly under the stop sign. Preceded by a "stop ahead" sign. Seconded by Aid. Pionek. Vote 3- 0, carried by all. • Review of Metro Landfill Agreement - 1992 Amendment: Aid. Slocomb mentioned that the fees and method of payment would be contingent on the southeastern expansion agreement being reached. Atty. David Stewart representing Waste Management stated that the only thing holding up the agreement is how to disperse the payments on a pro-rata basis ($78,403.69 per month, over 6 months), generated by allowing out-of-state waste into the Metro Landfill. Currently, Franklin is requesting a larger cut in the revenue divided among the six communities. Aid. Patterson suggested waiting for the opinion of the attorney before making a motion. The City, in his estimation, would not benefit greatly from this amendment change. Aid. Slocomb moved to defer to next month's meeting. Seconded by Aid. Pionek. Vote 3-0 carried by all. Review refuse/recycling charge dispute/Mr. P. Klass (S83 W15319 Mystic Drive): According to Public Welfare meeting minutes of October 13, 1993 regarding refuse/recycling fees, "summer cottages will be included, no exclusions' Dykstra recommends that the fee be charged since the individual does most likely use the property from time to time, thus the potential for the generation of refuse. Currently, the building is not formally condemned. Aid. Slocomb moved to deny request for waiver of refuse/recycling charge. Seconded by Aid. Pionek. Vote 3- 0, carried by all. Discuss request for signage warning of intersection on Woods Rd.,/Plum Creek Blvd: Aid. Sanders described the dip in the road which can interfere with motorists seeing cars on Woods Rd. The residents have requested a "warning" or a "T" sign indicating an upcoming intersection. • Aid. Pionek moved to put up a "T" sign prior to the intersection on Plum Creek Blvd. Seconded by Aid. Slocomb. Vote 3-0, carried by all. Public Services Committee Meeting - City of Muskego October [5, 1997 Page 3 • Review request for holding tank - Broke Spoke Tavern: Dykstra explained that due to the expansion of the establishment to the upper portion of the building, the capacity of the current holding tank is not sufficient (2,750 gallons). Waukesha County currently requires 4,750 gallon capacity for the establishment. The Broke Spoke is requesting permission to install a 9,951 gallon holding tank to allow for future expansion. Ald. Slocomb felt that a bond would not be necessary due to the job Waukesha County does with regard to holding tanks. Aid. Slocomb moved to approve the tank without the bond. Aid. Pionek seconded. Vote 3-0, carried by all. Dykstra explained to Scott Haas of the Broke Spoke, the subsequent steps before the permit will be granted. COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW Police Chief Johnson informed the Committee that "Special Speed Enforcement Area" signs will be posted tomorrow on Jean Drive. This is due to 85% of motorists going over 45 mph in a 25 mph posted area. Additionally, 100 cars, within a 7 day period were traveling over 55 mph. He will be reporting back to the Committee with the results on the effectiveness of the Special Enforcement Area. ADJOURNMENT Being no further business to discuss, Aid. Slocomb moved to adjourn the meeting at 9:25 p.m. Seconded by Aid. Pionek. Vote 3-0 carried by all. • Respectfully submitted, Linda GulgowsK Recording Secretary • • SIGN -IN SHEET :OR CITY MEETINGS PLEASE PRINT YOUR NAME PND AGENDA ITEM BELOW. THANK YOU. Meetina I�,,1�/.l�i �r}?il:C�� Date: NAME: • • REPORT BY CHUCK DYKSTRA, SR. • TO THE PUBLIC SERVICES COMMITTEE OCTOBER, 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 58276 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. September 18, 1997, Judge Mawsdsley approved order for Kreil to cease IR operation and remove all boats, trailers and commercial vehicles from property by October 13, 1997. 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. Common Council, Mayor and Attorney working on final agreement to settle. TXTCITY/COUNCIL SAFETY •