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.
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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
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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
•