PSCM19980409PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO
MINUTES OF MEETING HELD THURSDAY, April 9, 1998
The meeting was called to order at 7.10 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 on April
6, 1998.
The Committee reviewed the minutes of the previous meeting held March 2, 1998. Aid. Slocomb
moved to adopt 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) with current activity in boldface type. Dykstra also provided samples of revised permit
applications for the Committee's review. These revisions are to make all applications uniform in
appearance.
Revised Building Code - Corrections, additions and deletions were made in the draft. Additional review
will be made by Committee members regarding building code for sheds and pole buildings, with the
topic revisited at next months meeting. Upon completion of all edits, Dykstra will provide a copy of the
entire proposed ordinance in strike -out and underline format for final review.
Status of Recycling/Refuse - Continued Discussion On Yard Waste Pickup - Public Works
Superintendent John Loughney stated that 8 complaints were received for the month of March. 3
• missed garbage pickups. 1 Garbage blowing out of truck. 1 missed tire pickup. 2 missed Christmas
tree pickups. 1 white good pickup missed.
John Loughney surveyed 11 surrounding communities regarding the yard waste pickup practices in
those areas. 8 communities responded to his inquiry. Hales Comers, Brookfield, City of Waukesha,
Village of Greendale, City of Franklin, Menomonee Falls, Town of Norway, and City of Greenfield. Due
to BFI's inability to provide a cost estimate on the volume based yard waste pickup program, it was
suggested that other waste firms be contacted to provide cost estimates. Contract with BFI needs to be
checked to determine if BFI has exclusive rights to perform any/all waste management services in
Muskego. Aid. Patterson suggested that communities who have implemented a volume -based program
be contacted to provide additional information on the project with costs incurred. A cost comparison will
be executed. Service providers will be contacted, if contractually viable for their pricing of this service.
Status of Cable TV - Chairman Patterson provided the statement of gross revenues from within the City
of Muskego of Warner Cable (attached). Total gross revenues for the year ended December 31, 1997
were $2,104,816, less bad debt expense ($4,077) provided Warner Cable with a net revenue of
$2,100,739.
Further review of existing landfill expansions - Ald. Slocomb reported that the contested case hearing
dates for Emerald Park have been set for mid -June. The independent consultant h retained to review
the revised feasibility study found no major concerns over the revised study.
Further review of lighting at entrance to Culvers on Racine Avenue - Chief Johnson has been in contact
•with the owner of Culvers. He (the owner) has contacted a new electrician due to the previous
individual failure to respond to the owners repeated requests for service. The Chief has requested that
this individual be provided an additional month to comply with the lighting requirement due to the
difficulties the owner has had in obtaining the service of an electrician.
Public Services Committee Meeting - April 9, 1998
Page 2
Further review of proposed Duck Blind Ordinance - Ald. Slocomb informed the Committee that the
• Deputy Commissioners and the DNR are working on the Ordinance.
Final review - Proposed Business Registration Ordinance (attornevs comments received) - Chuck
Dykstra provided the final version of the Ordinance. The City Attorney feels that the new wording
defines the purpose and scope of the Ordinance more clearly. The Committee gave the ordinance one
final review and made minor design edits. Aid. Slocomb moved to adopt the Ordinance. Seconded
by Aid. Pionek. Vote 3-0, carved by all.
NEW BUSINESS
Placement of Stop Sign at comer of Hawthorne and Emerson - Ald. Patterson brought this issue to the
Committee for consideration. Resident Karen Yust was in attendance to voice her concerns about the
number of near misses at the intersection and the safety for pedestrians. At this time a yield sign is the
only traffic sign in the intersection. The Chief was not able to obtain a history of incidents at the
intersection prior to the meeting and would like to gain a better insight on the problem(s) at the
intersection prior to supporting the installation of a stop sign. Ald. Patterson is concerned that the
potential for an accident exists and a stop sign would provide some level of safety. Aid. Pionek mover
to defer this item until next months meeting allowing time for Committee members and the Police
Department to obtain additional data and eyewitness observation. Seconded by Aid. Slocomb.
Vote 3-0, carried by all. Alternative solutions were discussed including rumble strips and rubber pipes
to delineate the lanes.
"No Parking" Zone in the 17900 block of Janesville Road - Chief Johnson provided a review of the
•situation. Due to parking allowed in front of the Fill -Ups Tavern on Janesville Road, up to the
intersection, motorists trying to turn west on Janesville Road off of Pioneer Drive have their visibility
limited. Chief Johnson is requesting that the 150 feet currently not posted from Pioneer Drive to the
existing "No Parking" zone also be posted "No Parking" Aid. Slocomb moved to extend "No
Parking" Zone 150 feet from Pioneer Drive to the existing "No Parking" zone. Aid. Pionek
seconded. Vote 3-0, carried by all.
Moving street light on KILPING? (that's what the agenda says) and Janesville Road - Ald. Patterson
explained that this intersection is quite dangerous. The lighting fixture needs to be moved in order to
improve the visibility in the intersection. The approximate cost is $500.00. A firm cost is being obtained
from the Electric Company. Aid. Pionek made a recommendation to Finance Committee to provide
the necessary funding to move the street light at the intersection of Kilping and Janesville Road.
Seconded by Aid. Slocomb. Vote 3-0, carried by all.
Stop signs on Sherwood Circle - Ald. Patterson explained that many citizens in the area are in favor of
installing stop signs along Sherwood Circle. Currently no stop signs are on the road. Speed reduction
is the core issue. The Chief indicated that a special enforcement area could be set up (similar to Jean
Drive) to help curb the problem of excessive speed and determine the extent of the problem. Chief
Johnson will provide hard data for the next meeting.
Traffic flowing NW on Kirkwood - Request for sign - Ald. Pionek provided a brief synopsis of the
problem occurring with traffic flowing NW of Kirkwood in front of the Kruzick residence. He is
requesting, on behalf of the homeowner a "Curve Ahead" sign along with a "Reduce Speed" sign. John
•Loughney suggests installing a sign with a figure representing a "curve" along with an advisory speed
limit stated below. Ald. Patterson instructs John Loughney to install the sign.
Review proposed revision to Holding Tank Agreement - Attorney Molter requests that the City use the
State Holding Tank Form in lieu of the form the City has used, of their own design. Aid. Pionek moved
to adopt the State Holding Tank Form. Seconded by Aid. Slocomb. Vote 3-0, carried by all.
Public Services Committee Meeting - April 9, 1998
Page 3
Review request for Holdinq Tank - Durham Road - The Aschenbrenner residence (W141 S8075
•Durham Road) requests permission to install a temporary waste water collection holding tank due to a
failed septic system. Aid. Slocomb moved to approve the request to install a holding tank subject
to verification of failure of perk test and non -feasibility of a mound system or other private
methods of waste disposal. Seconded by Aid. Pionek. Vote 3-0, carried by all. Discussion
continued regarding alternatives to holding tank. Ald. Slocomb will coordinate with Scott Kloskowski.
COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW - None
ADJOURNMENT - Being no further business to discuss, Aid. Slocomb moved to adjourn at 10:32
p.m. Aid. Pionek seconded. Vote 3-0, carried by all.
Respectfully submitted,
Linda Gulgowski, Recording Secretary L-
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• CITY OF MUSKEGO MEETING GUEST SIGN -IN SHEET
MEETING 7 (I6L.ICi 6E,01/CES /2)TC-7 . //12A98
NAME (Please Print) AGENDA ITEM
REPORT BY CHUCK DYKSTRA, SR.
• TO THE PUBLIC SERVICES COMMITTEE
APRIL, 1998
CITATIONS
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. Kriel'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.
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. 1/30/98 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. 2-18-98 Chuck Dykstra was
granted access to the interior of the structure by a potential buyer who was concerned
about requirements to bring building into compliance. Mr Kriel apparently continued to
modify interior of building, without permits, even while City was prosecuting him for
similar violations. Due to Mr Kriel's blatant disregard for City regulations, the City will
pursue more substantial forfeitures from Mr Kriel. City Attorney currently working on
resolution to forfeiture aspect of this case. Status conference tentatively scheduled
• for second week of June.
• 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.
Testimony from several City employees and others to be taken on April 6, 1998. City
Attorney Rick Trindl, Tom Chiconas, Chuck Dykstra, Liesa Neste, Mr. Haffner and
Mr. Haffner's attorney appeared before Judge Marianne Becker to give testimony
regarding this case. Judge Becker will have a ruling on actual days of
violation/forfeiture amount within 30 days.
0 SAFETY
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