Loading...
PSCM19980105• • • PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO MINUTES OF MEETING HELD MONDAY, JANUARY 5, 1998 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 December 1, 1997 Aid. Pionek moved to approve the minutes. Seconded by Aid. Slocomb. Vote 3-0, carried by all. UNFINISHED BUSINESS Update on status of Condemnations/Citations - Building Director Dykstra provided a written report (attached) with current activity in boldface type. Dykstra gave an update on the Parkland Mall situation indicating that the owner claims to have found an anchor tenant and is still working on the eviction of current occupants. The City has handed this matter over to the State. on existing forms and Discussion of Revised Building Code - Before discussion on the Building Code document, Building Director Dykstra updated the Committee on his recent discussion and written correspondence (attached) from the City's legal counsel regarding the proposed Business Registration Ordinance. The major discrepancy between Dykstra and counsel is the use of the word registration vs permit and the proposed definition of business. Dykstra will be discussing the document with legal counsel again to work out final wording which meets with the attorney's approval. Revised Building Code changes were made in the draft. Specific discussion regarding the following items. The 12-month permit time -table for project completion was questioned. Dykstra indicated that a 12-month time -frame is a way to provide uniformity to all permits. Currently some expire at 18 months and some at 12 months. Ald. Slocomb requested that the 12-month limit be increased to 18-months. Proration of expired building permit fees was discussed with residents obtaining a partial refund of the extension permit fee to facilitate rapid completion of their project. Dykstra will construct scenarios and guidelines for execution. Status of Recycling/Refuse - Public Works Superintendent John Loughney stated that 9 complaints were received for the month of December 3, recycling bin not received, 1 recycling not picked up, 2 garbage not picked up, 1 tire not picked up, 2 garbage and recycling not picked up (same resident). Loughney also mentioned when residents require a large good pick up he would suggest that the resident call BFI first to coordinate the pick up. There have been a few incidents where items were placed out for pick up and were not taken away in an expiedient manner Ald. Pionek inquired about Christmas tree pick-up. Loughney stated that BFI will be handling the pick up of trees during the next three weeks. Additionally, the Mayor received a letter from Mr Bart Ziegler requesting that yard waste should be an added service provided by BFI. According to Chairman Patterson, this option was considered when contract negotiations were underway, but were found to be cost prohibitive. Chairman Patterson would like to approach BFI for a "volume based" program for yard waste pick up. Residents would be charged on a "per bag" basis. A letter will be drafted by John Loughney's department to inquire about this service as well as follow up on the question posed last month on the ability of BFI collectors to turn over garbage cans and recycling bins. Public Services Committee Meeting - January 5, 1998 Page 2 Status of Cable TV - Chairman Patterson informed the Committee that the Cable Committee did not meet in December A meeting will be taking place this month including the communities • interested in the development of a regional broadcast center Review of Metro Landfill Agreement - 1992 Amendment - No representatives from Metro Management were present. Aid. Slocomb moved to deny acceptance of out-of-state waste in the present landfill site Aid. Pionek seconded. Vote 3-0, carried by all. Further discussion on proposed amendment to landfill agreement - Aid. Slocomb reported that the proposed new contract was sent to Franklin Council for acceptance or denial of the contract. Franklin approved the contract with amendments made at the time of the meeting without obtaining approval from the other affected communities. A meeting will take place January 9, 1998 to determine a plan of action. Further review of lighting at entrance to Culvers on Racine Avenue - Chief Johnson talked with the Manager at Culvers and the Manager agrees that there is a problem. An electrician will assess the situation and will provide a cost estimate to Culvers. The Manger of Culvers will then contact the Chief to come to a solution to the current situation. NEW BUSINESS Review Parade Regulation (Chapter 12 Section 12.17) Referred from Council of 12/9/97 - Due to a request from the Community Festival Committee the matter of prevention of parade participants being doused with water was discussed. Chief Johnson stated that not only have several bands indicated that they will not return next year, but injury can occur The Chief suggested that subsequent discussion include representatives from the Festival Committee and • that copies of surrounding communities parade regulations be obtained. Aid. Slocomb moved to defer until feedback is provided and representatives of the Festival Committee can attend a meeting Seconded by Aid Pionek. Vote 3-0 carried by all. Discussion continued regarding the elimination of particular methods of water disbursement versus total water prohibition. Discuss Intersection of Muskego Dam and Kelsey (Chief Johnson) - Since the City recently erected the "Stop" sign and 'Right Turn No Stop' sign on Muskego Dam at Kelsey, the Police Department has received citizen complaints regarding the safety of that intersection. The Chief recommends removal of the "Right Turn No Stop' sign. Discussion regarding various signage options. Aid Slocomb moved to remove the Right Turn No Stop Sign leaving all other current signs Aid Pionek seconded. Vote 3-0, carried by all. COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW Aid. Slocomb requested that a dead end marker be installed at Moreland Road where it ends at Janesville Road. ADJOURNMENT Being no further business to discuss, Aid Pionek moved to adjourn at 9:50 p.m. Aid. Slocomb seconded. Vote 3-0 carried by all. Respectfully submitted, • d. &� Linda Gulgowskl Recording Secretary CITY OF MUSKEGO MEETING GUEST SIGN -IN SHEET MEETING "?oxl c &6eul6fs /9,?5 . NAME (Please Print) AGENDA ITEM • REPORT BY CHUCK DYKSTRA, SR. TO THE PUBLIC SERVICES COMMITTEE JANUARY, 1998. 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. As of 1/2/98, not paid. • W188 58276 Mercury Dr. - Dale Kreil DBA/Country Lakes Marine #244520 S 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 reorl progress made in addressii Continuing progress requi: Kreil's architect submitt, application within allott, revisited in 30 days by J' No permits obtained to da working to schedule new h progress. May 1, 1997, h May 13, 1997. Stipulation stages. Stipulation agree received, Kreil's attorne Attorney Trindl's calls. iaLy ems,». :g code violations. -ed. ad plans and permit :d time - issue to be :dge Mawdsley. :e, Attorney Trindl paring regarding lack of caring rescheduled to agreement in final vent has not been t fails to return 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 1st. Inspection performed 12/1/97 revealed site is not in compliance. Matt Sadowski inspected the property on 12/10/97, he observed: 31 motors(some mounted on boats) 20 boats (assorted, some with motors), 3 snowmobiles and assorted parts. W151 510282 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 -.w 011"CC5 cs ARENZ, MOLTER, MACY & RIFFLE, S.C. 720 N EAST AVENUE P 0 BOX -348 DALE IN ARENZ WAUKESHA. WISCONSIN 531B7.13AS Tr LEPHONr 548 •340 DONALD S MOLTER. JR rACS'MILE 5A8 92-11 JOHN P. MAC•. AREA :O✓E <�a COURT COMM,55IONEP M. STANLEY RIFFLE. COURT CO4M155IONER RICK D TRINDL. JEAN MAlf1i E�EREc Y ERIC iAr Nl Fax 0 679.5614 Mr Chuck Dykstra Director City of Muskego Building Department Post Office Box 503 Muskego, Wisconsin 53150 Muskego. Wisconsin 53150 January 5, 1995 Re. Proposed Business Registration Ordinance Dear Chuck I have reviewed the changes to the proposed "Business Occupancv Registration Ordinance' The application and inspection procedures that are specified in the ordinance are acceptable, as are the criteria for inspections that are included in the ordinance I continue to have concerns about the purpose statement in Sec 33.01, the definition of "business' in Sec 33 02, and the use of the word "registration" rather than permit • Any government requirement imposed upon an owner or lessee of real property limiting the use ofthat property must have a constitutional public purpose to justify the infringement of constitutionally protected property rights The courts have long recognized the protection of public sal'ety and welfare through the use of building and zoning codes as a legitimate public purpose I believe it to be doubtful that a court would find that minimizing the risk of unexpected expenses and difficulties for businesses considering a new location within Muskego to be a public purpose for infringing on that business' property rights. The sample ordinance sections which you have furnished from Grafton. Brookfield, and West Allis all refer to "occupancy inspections" and "permits" and have as their stated or implied purpose "certifying that the use. occupancy, building and structure complies with the city ordinances. state laws, and this title "(Quoting from the Brookfield ordinance) I understand and share your concerns about potential liability. Potential liability cannot be totally eliminated from any inspection program, but the language of the ordinance can limit it. The language you have included in Sections 33.11 and 33 12 appears to be satisfactory Existing businesses whose premises are not up to code would not be effected by the proposed ordinance because it only applies to new or re -locating businesses. What is being proposed is a business occupancy permit ordinance. Such an ordinance can be enforceable. I would be happy to work with you to draft language that will meet the City-s concerns One other concern that I have is the existence of Section 3 03 of Chapter 17 of the Code. If that is not being enforced, perhaps we should be looking at changing or eliminating that requirement at the same time that we adopt something like the proposed ordinance Please call me after you have discussed this with the committee so that we can determine how to proceed Sincerelv, • 41, , ,./ Rick D Trindl