PSCM19980202PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO
MINUTES OF MEETING HELD MONDAY, February 2, 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
(excused), Public Works Superintendent John Loughney, and those per the attached list.
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The Committee noted that the meeting was posted in accordance with the Open Meeting Law on
January 30, 1998.
The Committee reviewed the minutes of the previous meeting held January 5, 1997 Aid. Slocomb
moved to approve the minutes. Seconded by Aid. Pionek. Vote 3-0, carried by all.
PERSONAL APPEARANCE
Roseann Campbell, discuss possible contested case hearing - Several members of the community
were present to voice their concern over the proposed expansion of the Emerald Park Landfill site.
Roseann Campbell stated several concerns over the project which included; the loss of 5.5 acres of
wetlands, groundwater contamination, air quality concerns, traffic accidents, spills, increase in
property devaluation, noise, depth of landfill, size of expansion and the proximity of wells and
waterways to the landfill. She and those in attendance would like the City to take a stand on the
landfill and protect the quality of life found in Muskego. Aid. Patterson provided a brief explanation of
how State mandates have impacted the landfills entering into Muskego regardless of this and other
Committees recommendations and personal feelings. The City, four years ago contested the siting of
this landfill and lost. Ald. Slocomb provided additional history of the matter Charlene Lemoine of the
Waukesha County Environmental Action League was present and provided a synopsis (attached) of
some of the discrepancies she has found in the feasibility study. According to Superior's own news
release, they have experienced a 28% increase in revenue and a 43% increase in the amount of
volume. This site is extremely important to Superior Services due to the size of the project. If this
project is completed, this would be the largest landfill expansion in the State of Wisconsin. She firmly
believes that this needs to be contested and feels that there is a strong case that can be built against
the expansion at this time. Ms. Lemoine provided examples of the types of waste that could be
brought into this site. They included; asbestos, hospital waste, foundry waste, contaminated soil and
tannery waste to mention just a few. Mr Bill Pucillo of Park Properties (Champions Village) explained
the impact the landfill has had on his ability to sell lots within the subdivision. With the proposed 200
foot height of the landfill, selling the remaining lots has been difficult. He mentioned that the long term
advantage of 1,000 homes providing approximately $4,000 in property tax dollars each, would far
outweigh any financial gain realized by Muskego for dumping. Ms. Ruth White voiced her personal
concerns and her private protests aimed at the dump. Mr. Jeff Arbinger questioned the Aldermen
regarding their position on this matter. All three Aldermen present are against the expansion of the
landfill and are for the contested case hearing. Aid. Slocomb moved to request that the City
request the DNR to initiate a contested case hearing on the Emerald Park Landfill, Inc., 24
million cubic yard expansion. Seconded by Aid. Pionek. Vote 3-0, carried by all. Further
discussion regarding Committee of the Whole meeting agenda and this items placement on the
agenda. Several residents plan to attend the next COW meeting, February 5, 1998.
UNFINISHED BUSINESS
Update on status of Condemnations/Citations - Building Director Dykstra provided a written report
(attached) with current activity in boldface type. The report should read "February" and not "January"
on existing Torms and ordinances - Further Discussion of Revised Building Code -Building
Director Dykstra brought forward the idea of a temporary occupancy bond program for individuals
wishing to obtain a temporary occupancy permit when minor work still needs to be performed. Said
code text could be inserted into the building code in the section dealing with occupancy. Dykstra
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believes that the fee would motivate individuals to complete to the work in order to have their money
returned, once the requirements were satisfied within the prescribed period of time. Aid. Slocomb
questioned the number of individuals in question. Dykstra, quoting the most recent report (1995-96),
indicated that there were over 500 instances where a final inspection (electrical, plumbing, heating, air
conditioning, erosion, building) never occurred but only about 12 to 20 new homes per year would be
affected by the proposed temporary occupancy fee. His department has been working at those on a
monthly basis, and believes that the number is substantially lower. Discussion regarding the amount
to be charged and the hardship a large sum of money may cause. Draft code text and a proposed fee
structure table will be drafted by Dykstra and will be open for critique at next months meeting.
Revised Building Code - Corrections, additions and deletions were made in the draft. Document
review will continue at next months meeting.
Status of Recycling/Refuse - Public Works Superintendent John Loughney stated that 7 complaints
were received for the month of January. 1 pick up missed at door, 2 missed garbage pick ups, 1
missed recycling pick up, and 3 Christmas trees not picked up. Due to the recent BFI strike, John's
office also received 12-15 calls inquiring on the status of garbage pick ups. As of Saturday, garbage
collection is back on schedule. To -date there has been no response from BFI regarding the addition
of yard waste for pick up. Chairman Patterson requests that a response be obtained from BFI before
next month's meeting.
Status of Cable TV - Chairman Patterson informed the Committee that until the group meets, he has
nothing new to report.
Review of Metro Landfill Agreement - 1992 Amendment - This item was voted down at last months
meeting. Please remove from the agenda.
on
it to landfill aqreer
Siting Committee which is negotiating with Emerald Park has
feasibility study. EPI is paying for this service.
of liahtina at
a cost estimate to
to Culvers on Racir
Pionek
Slocomb seconded. Vote 3-0, carried by all..
- Aid. Slocomb reported that the
i a consultant to review the
Avenue - The electrician has not yet
to defer to next months meeting. Aid.
Further Review Parade Regulation (Chapter 12, Section 12.17) - The Festival Committee is preparing
a letter with their recommendation on this matter Until the Public Services Committee receives this
documentation, Aid. Pionek moved to table this item until feedback is provided. Seconded by
Aid. Slocomb. Vote 3-0 carried by all. Cathie Anderson to draft a letter to the Festival Committee
members informing them of this decision.
NEW BUSINESS
Request DNR Contested Case Hearing on Superior Emerald Park Landfill, Inc. 24 million cubic yar
See Personal Appearance portion of minutes.
COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW - None
ADJOURNMENT - Being no further business to discuss, Aid. Slocomb moved to adjourn at 9:45
p.m. Aid. Pionek seconded. Vote 3-0, carried by all.
• (Respectfully submitted,
XLindAGul � Recording Secretary
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• REPORT BY CHUCK DYKSTRA, SR.
TO THE PUBLIC SERVICES COMMITTEE
,6--TANUARY, 1998
FeezuA¢Y
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 $625 due by 12-
31-97 As of 1-2-98, not paid. 1-6-98, paid in full.
W188 S8276 Mercury Dr. -Dale Krell DBA/Country Lakes Marine #244520 & 255624
Performing construction alterations without a 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 Mawdsley 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.
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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. 1/30198 Carlos Trejo inspected the property reporting the exterior is
cleared, however, full of snow ground cover. Some materials remain along the
east lot line. Was not allowed inside of building without owner present.
W151 S10282 Thode Dr. - Robert Haffner #244623
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.
Msw/aSAFETY
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