PSCM19971103• PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO (CORRECTED)
MINUTES OF MEETING HELD MONDAY, NOVEMBER 3, 1997
The meeting was called to order at 7:05 p.m., by Chairman Patterson. Also present were
Committee members Ald. Slocomb, Ald. 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 the minutes of the previous meeting held October, 15, 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. See attached report. Additionally, Dykstra updated the Committee on the
Parkland Mall situation. Currently, the City of Muskego has not condemned the structure,
however may do so if State recommends. Mr Dyer has not complied with orders written by the
State Department of Commerce. Mr Dyer has sent out eviction notices to the occupants.
Update on existing forms and ordinances - Discussion of Revised Building Code: Dykstra
provided a draft copy of the Building Code dated 7/29/97 This revision has streamlined an 80-
page document into 18 pages. The majority of the Code was derived from the Wisconsin
• Uniform Building Code and the City of Brookfield's recently revised Building Code. The
proposed new code adopts the state's one and two family code for homes newer than 1980
(which is what the state mandates) and also adopts the state's one and two family code for
use in homes older than 1980 (optional per the state). The revisions include new code not
found in the one and two family code for accessory structures. Slocomb questioned what
Code would be followed for homes built near the tum-of-the-century? Dykstra informed the
group that the Code available most closely matching the year of construction of the dwelling
would be used. For those over 100 years old, the City would utilize the oldest Code book
available, which is from 1938. Dykstra also stated that these older Codes are only to be used
for repairs to older construction, with all new construction (additions or alterations) to be built to
the current Code. Chairman Patterson questioned whether the scope of the Code changes
would decrease or increase requirements for older homes. Dykstra stated that in certain
instances, such as basement ceiling height, requirements would in fact, be decreased. The
Committee provided Dykstra with verbiage modifications, technical edits and requested
changes to the draft document (pages 1-8), with the following 2 items requested for additional
discussion at next month's meeting: Page 4, (2), regarding "Rights" and Page 7, (5) 1.,
regarding "Revocation of permits" Committee to continue discussion of subsequent pages at
next month's meeting.
Status of Recycling/Refuse: Supt. Loughney's office has received 23 complaints for the month
of October 9 regarding missed garbage collection, 1 missed recycling collection, 7 both
garbage and recycling missed, 5 missed tire pick-ups and 1 missed white goods pick up.
John's office has not received responses from BFI regarding all of the complaints. His office
. will draft a letter to BFI requesting explanations for those still requiring clarification. Loughney
excused at 8:25 p.m.
Public Services Committee Mcciing - City or Muskego. November 3. 1997
Page 2
• Status of Cable TV: Aid. Woodard, Chairman of the Cable Negotiating Committee, wrote a
letter to Ms. Beverly Greenberg of Time Warner (attached) requesting information on 6 items.
No other new issues were discussed.
Status of Landfill Agreements: See item #2 New Business.
Status of request to County for "No Parking' sign/Racine & Red Oak Court: Supt. Loughney
reports that County has acknowledged the request but has not yet acted upon it.
NEW BUSINESS
Review of Hobby Ordinance: Aid. Slocomb provided a brief synopsis of the current Ordinance.
He has received 2 additional phone calls on this matter from individuals not in his District.
Chief Johnson reiterated his concerns changing the current Ordinance for a few violators. He
would like to see the current Ordinance stand. Chairman Patterson suggested lowering the
acreage limitation under the Hobby Ordinance to perhaps 2 acres for an additional dog rather
than a flat allowable number of dogs City-wide. Aid. Pionek voiced his concerns regarding
enforcement. Chief Johnson suggested a "Kennel' type license where residents requesting a
third dog would have to obtain a "provisional license" which would be reviewed each year and
the residents in proximity of the applicant would be informed. Chief Johnson did not recall a
single complaint from a resident stemming from the number of dogs. Aid. Pionek mentioned
that New Berlin is in the process of revamping their dog Ordinance. Aid. Pionek would like to
see a document stipulating exactly what criteria would be followed including enforcement, fee
• structure and implementation of the Ordinance change. Chief Johnson further suggested an
"amnesty" clause for residents who have 3 existing dogs, with the 2 dog limit imposed after a
specified date. Aid. Pionek requests that this item be placed on the agenda for the next
Committee of the Whole meeting.
Review of Metro Landfill Agreement - 1992 Amendment: Chairman Patterson received a letter
from the Mayor indicating that as of today, the City Attorney for Franklin has not responded.
The Mayor requests to defer this topic to next months meeting.
Review request to amend Chapter 20, Section 20.03(3) - Water Skiing Regulations (Bass Bay)
- BML Deputy Commissioner: Mr Leonard Pilak is requesting that "Bass Bay" be included in
the Ordinance. Currently, he reports that there are no problems, but would like to see this
stipulation on the books. Chief Johnson gave some history on a similar ordinance for Big
Muskego Lake, he would like to see this Ordinance adopted for all of the lakes to make
enforcement uniform throughout the City. Mr Pilak suggested mailing a postcard to the
residents to solicit their input on making this Ordinance change and will report his findings back
to the Committee within 60 days. Aid. Pionek would like to see this issue brought to the
attention of the Little Muskego Lake District. Additionally, Chairman Patterson mentioned that
several issues were brought to the attention of the Little Muskego Lake District and no
outcome has been shared on those issues, since their annual meeting in September. The
Committee requests a letter to be drafted by the Mayor's office questioning the Little Muskego
Lake District on the following issues: Traffic pattern problems, buoy's and additionally,
soliciting their input regarding the adoption of Chapter 20, Section 20.03(3) Ordinance for Little
• Muskego Lake
Public Services Comnuilec Meeting - City of Muskego. November 3. 1997
Page 3
• Review request to establish Ordinance for regulation of duck blinds Mr Pilak indicated that
since the drawdown of Big Muskego Lake, over 1,000 wooden posts have been removed and
approximately 3,000 metal pipes. Because of the drawdown these posts, many which have
been in place for years were exposed. These posts and pipes pose a hazard for boaters and
water skiing. Discussion regarding the Ordinance and fines to impose. Several suggestions
for implementation and enforcement of an Ordinance of this type continued. Mr Pilak believes
that his suggestion is the most easily enforced solution. Mr. Pilak will obtain additional data
including possible wording and past actions of other communities to this Committee. Aid.
Pionek moved to defer to next months meeting. Aid. Slocomb seconded. Vote 3-0,
carried by all.
ADJOURNMENT: Being no further business to discuss, Aid. Pionek moved to adjourn at
10:15 p.m. Aid. Slocomb seconded. Vote 3-0, carried by all.
Respectfully submitted,
Lind sk���iy,„�
Recording Secretary 44'
•
•
Tl CITY OF
MUSKEGO
October 31. 1997
Ms. Beverly Greenberg
Vice President, Community/Government Relations
TIME WARNER CABLE
1610 N. Second Street
Milwaukee, WI 53212-3980
Dear Ms. Greenberg:
OFFICE OF THE MAYOR
David L. DeAngelis
Mayor
(414)679-4188
The Cable Negotiating Committee has asked that correspondence be sent to
you requesting the following information:
• 1 How the new systems will work in the home?
2 Options, cost and how many channels will be provided..
3. How Time Warner will be structuring tier and local service.
4. Will any channels be available without a box?
5. Cost for remotes.
6. Explanation of conversion to digital, distribution, broadcast and
timing cost and effect.
The Committee will be meeting again on November 20, 1997, and 1 would
greatly appreciate a reply to the above questions prior to the meeting.
Thank you for your consideration.
Very truly yours,
Ald. Donna M. Woodard, Chairman
• Cable Negotiating Committee
W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5630
REPORT BY CHUCK DYKSTRA, SR.
• TO THE PUBLIC SERVICES COMMITTEE
NOVEMBER, 1997
CTTATTONS
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
Mawdsley approved order for Kreil to cease
operation and remove all boats, trailers and
commercial vehicles from property by October 13,
1997. On October 29, 1997, Kriel was found in
contempt for not removing boats and ceasing
• operations by required date. Judge Mawdsly
authorized the City to remove the boats from the
property and secure the premises free from
continuing business operations.
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 21 1997.
S107 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. As part of agreement
to drop suit by Wind Lake Management District
relative to separate issue, this citation was
• dismissed without any penalties or forfietures.
TXTCITY/COUNCIL
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