PSCM19980105•
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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
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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
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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,
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Linda Gulgowskl
Recording Secretary
CITY OF MUSKEGO MEETING GUEST SIGN -IN SHEET
MEETING "?oxl c &6eul6fs
/9,?5 .
NAME (Please Print) AGENDA ITEM
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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
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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,
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Rick D Trindl