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PSCM19971201• PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO MINUTES OF MEETING HELD MONDAY, DECEMBER 1, 1997 The meeting was called to order at 7:00 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, Aid. Salentine, 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 November 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 provided a written report (attached) and stated that no citations have been issued. Aid. Slocomb moved to accept the report as submitted Aid Pionek seconded. Vote 3-0 carried by all. Update on existinq forms and ordinances - Further Discussion of Revised Building Code - Due to further individual review required, Aid Slocomb moved to defer to next months meeting. Aid Pionek Seconded. Vote 3-0 carried by all. • Status of Recycling/Refuse - Public Works Superintendent John Loughney stated that 10 complaints were received for the month of November 5 missed garbage pickups, 1 waterbed not picked up (BFI stated that the bed was full of water and frozen, advised resident to empty), 1 garbage can taken with garbage (BFI stated that can was not taken and advised resident) 1 refrigerator not picked up (pickup was subsequently made), 1 blue recycling bin not delivered and 1 blue recycling bin not returned to door (handicap privilege). Loughney stated that BFI has been quick to respond to requests since letter was sent to BFI last month detailing some areas requiring improvement. Aid. Pionek questioned if BFI could be asked to turn over garbage cans after emptying and closing the lids on the recycling bins with wet weather approaching. Loughney will compose a letter to BFI requesting this service enhancement but indicated that this is not part of their contract. Status of Cable TV - Chairman Patterson informed the Committee that letters have been sent to adjoining communities regarding the development of a regional broadcast center The Town of Vernon has been the only community to respond favorably to this proposal so far, expect additional responses before negotiation committee next meets. A representative from the School Board who had previously worked with the City of Oak Creek is working on several network enhancements including 2-way communications between schools when the new contract is agreed to. Aid. Pionek requested further clarification regarding the ability of cable - ready televisions to acquire cable service without the need of a converter box. According to Chairman Patterson, basic cable service will be available without the need of the converter. Premium channels will require the converter The Cable Committee will also be insisting that 20% of all available channels will be utilized by public government or public access. 11 Public Services Committee Mccling - Dcccmber 1, 1997 Page 2 • Review of Metro Landfill Agreement - 1992 Amendment - Dave Stewart from Metro Management was present to request this Committee's approval of the amendment. Discussion surrounding the proposed $18,000 additional compensation for the acceptance of out-of-state waste. According to Mr. Stewart, the money would be disbursed in thirds, 1/3 to the City of Franklin, 1/3 to the two towns in Racine and Racine County as a whole and 1/3 to the City of Muskego and Waukesha County as a whole. The amendment has been passed by the City of Franklin, Town of Raymond, Town of Norway, and Racine County. Waukesha Co. has indicated it will not pass the amendment until the actual percentage number and dollar amount is known. Discussion on the subject of out-of-state waste acceptance at Emerald Park. According to Ald. Slocomb, Emerald Park does not accept out-of-state waste. Ald. Slocomb also mentioned that because this fee is tied to the rates in the expansion contract, he (Slocomb) would be surprised to see the City net a single dollar of compensation for out-of- state waste acceptance. Chairman Patterson questioned Mr Stewart on the impact of deferring this item for another month on the project? Mr Stewart stated that there are some other items with the DNR that currently need to be worked out, so the impact would not be major. Mr. Stewart however, stated that the City's approval is required on this amendment and he would like to see, on behalf of his client, a rapid acceptance/approval of the amendment. Ald. Pionek questioned what exactly was in the agreement that would benefit the City of Muskego? Chairman Patterson thought that City representation on future expansion boards could possibly be negotiated as a bargaining point for the City to accept and sign the amendment. Chairman Patterson would like to see if other communities would entertain the idea of changing the agreement to ensure the communities concerned, of future representation on expansion planning and negotiation. Dave Stewart to send this Committee the exact language of the proposed agreement. Ald. Slocomb moved to defer to next months is meeting Ald. Pionek seconded. Vote 3-0 carried by all Further discussion on proposed amendment to landfill agreement - Ald. Slocomb reported that the group will be meeting this week. This is the first time the group is getting together since July. Status of proposed ordinance - Chapter 20, Section 20.03(3) Water_Skiing-Bass Bay - Mr Pilak reported that postcards were sent to residents soliciting their input on making this ordinance change. Mr Pilak reports that no calls were received by the Deputy Commissioner's or himself on the matter Ald. Slocomb moved to amend Chapter 20, Section 20.03(3) to include Bass Bay. Ald. Pionek seconded. Vote 3-0, carried by all. Further review of proposed ordinance for regulation of duck blinds - Resident, Leonard Pilak provided the Committee with a copy of the Wisconsin Administrative Code correlating to the issue of permanent duck blinds and fines levied for non -removal of permanent duck blinds. Mr Pilak talked with Ducks Unlimited individuals regarding regional/national regulations. Currently, the Mississippi River does not allow any permanent duck blinds. Ducks Unlimited is extremely happy that the City is taking on this issue, however they (DU) do not take a position on the matter and leave it to the jurisdiction of each community. With the duck hunting season coming to an end on December 3, 1997, the individuals who have placed the permanent blinds on Big Muskego Lake have seven days to remove them. The ownership of those blinds is known by the Warden. Ald. Pionek moved to recommend the development of a permanent duck blind ordinance on non-Drivate Dropertv on Big Muskeoo Lake with exact verbiage of the • ordinance to come from the City Attorney. Seconded by Aid. Slocomb. Vote 3-0, carried by all. Discussion regarding enforcement and signage. Peter Theis is requested to suspend Public Services Committee Meeting - December I. 1997 Page 3 • production of new signs for the lakes until the new ordinance is completed and included as well as the approved amendment to Chapter 20, Section 20.03(3), water skiing regulation (skiing direction) for Bass Bay. Discussion regarding fine structure and limitations of dollar amount fined. Ald. Slocomb moved to forfeiture in the amount of $60 00 which is in compliance with current DNR forfeiture schedule for the failure to remove permanent duck blinds within prescribed time limits on non - private property. Aid Pionek seconded Vote 3-0 carried by all. NEW BUSINESS Discuss insufficient lighting at entrance to Culvers Restaurant on Racine Avenue - Ald. Salentine was present to discuss the matter. Due to safety concerns it was recommended that a light be installed at the entrance of Culvers. The cost estimate is $2,024.00. Chief Johnson stated that there have been complaints due to the lack of lighting in the area. Chairman Patterson questioned if Culvers would share in the expense of the lighting fixture since they will ultimately benefit from its installation. It was discussed that Culvers initially did not install the required lighting in the parking lot, so sharing in the expense was unlikely. Chairman Patterson would like to see a more aggressive approach to sway Culvers to comply with the initial parking lot lighting requirements and request their assistance in paying for the new light. Chief Johnson is not opposed to going directly to the owner and discuss the possibility of Culvers paying for or sharing in the cost of a new entrance light. Ald. Slocomb moved to have Chief Johnson talk with the owner of Culvers to install a conventional light at a cost of approximately $2 024 00 Seconded by Ald Pionek. Vote 3-0 carried by all. • ADJOURNMENT Being no further business to discuss, Aid Pionek moved to adiourn at 8:23 p.m. Ald. Slocomb seconded. Vote 3-0, carried by all. Respectfully submitted, �����Linda Gulgowski Recording Secretary 0 CITY OF MUSKEGO MEETING GUEST SIGN -IN SHEET MEETING NAME (Please P ., �VJC4�, (.ommI Oi AGENDA ITEM REPORT BY CHUCK DYKSTRA, SR. TO THE PUBLIC SERVICES COMMITTEE • DECEMBER, 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 1-3-98. Letter sent to Boehm reminding him of $635 due by 12-31-97. W188 58276 Mercury Dr. - Dale Kreil DBA/Country Lakes Marine • #244520 6 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. Mayor and Attorney Trindl arranged for Mr. Kreil to be completely out of building by December let. Inspection performed 12/1/97 revealed site is not in compliance. 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. Jury trial rescheduled to February. TXTCITY/COUNCIL SAFETY •