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PSCM19980601PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD MONDAY, June 1, 1998 • The meeting was called to order at 7:05 p.m., by Chairman Patterson. Also present were Committee members Aid. Woodard (7.15), and Ald. Pionek; Building Director Chuck Dykstra, Sgt. Steve Kukowski, and Public Works Superintendent John Loughney. The Committee noted that the meeting was posted in accordance with the Open Meeting Law on May 29, 1998. REVIEW OF PREVIOUS MEETING MINUTES - Aid. Pionek moved to accept the minutes of the May 4, 1998 meeting. Seconded by Aid. Patterson. 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. Revised Building Code - Dykstra indicated that he had received no feedback from the City Attorney regarding the Revised Building Code Ordinance. If the Attorney has no changes the Ordinance will be forwarded, as submitted to Council for approval. Dykstra also stated that the Business Registration Ordinance is almost complete. Pricing table and forms are yet to be completed. Dykstra plans to complete those items prior to his final day of work (Friday, June 5, 1998). Chairman Patterson thanked Chuck Dykstra on behalf of this Committee for all of his efforts during his • tenure to streamline processes and create processes where there had been none in the past. The Committee wishes Chuck well on his new endeavor and will miss his professionalism. Status of Recycling/Refuse - Continued Discussion On Yard Waste Pickup - John Loughney reported that there were only 6 complaints registered for the month of May. 1 garbage pick up missed, 2 garbage and recycling missed pick ups, 2 white goods not picked up and 1 blue recycling bin not delivered. No new information on yard waste pick up program. The Committee directs John Loughney to contact Chuck Ott from BFI to attend the July 6, 1998 meeting to discuss pricing and options available to provide this service. John Loughney will be contacting both the City of Brookfield and Hales Corners to discuss the programs they have with Superior and will have those figures available when Mr Ott is present at next months meeting. John Loughney also reports that recycling is down from 1997's total of nearly 30% of all waste being recycled to 25.9%. Loughney is concerned about this trend and has provided a written piece for the next City newsletter Mandatory, clear garbage bags may be an option. This topic will also be discussed with Mr Ott to obtain his suggestions. Status of Cable TV - Chairman Patterson reported nothing new with the negotiating committee at this time. Chairman Patterson reminded individuals who had a lapse in service with their cable provider to secure a credit from them. The Committee directs Jean Marenda to compose a brief article on the reimbursement entitled to subscribers, based on the contract the City holds with the cable provider. • Further review of existing landfill expansions - No new developments at this time. Stop signs on Sherwood Circle - Sgt. Steve Kukowski provided data from a traffic count at the intersection two weeks ago. 500 vehicles travel each way, each day The average speed through the intersection is between 28-29 MPH (posted 25 MPH). 85% of all motorists travel at 33 MPH or below. This speed is Public Services Committee Meeting - Iunel, 1998 Page 2 within acceptable limits for the Police Department. The Police Department has increased their presence in the area and will continue to enforce the traffic laws in an effort to deter would-be speeders. Sgt. Kukowski •reports that Chief Johnson's recommendation is not to install a stop sign at this time and increase the presence of the Police Department as a deterrent to motorists. Review of Waukesha County response to request to establish traffic regulations on Janesville Road - Nothing new received from the County at this time. NEW BUSINESS Establish Trick & Treat hours for 1998 - The Police Department has no concerns over the organized Trick & Treat hours established by the City, nor the neighborhood Trick & Treat evening events. The Department would like to see a "set -time' for the subdivision evening events in order to ensure adequate Police protection. Aid. Woodard moved to establish November 1, 1998 1:00-4:00 PM as the official City Trick & Treat time and recommended for child safety issues, October 31, 1998 5:30-8:30 PM as the evening subdivision Trick & Treat hours. Seconded by Aid. Pionek. Carried by all. The Committee suggests that these dates and times be placed in the local press, City home page and cable access channel. Review application of Salvage & Recycling License - Kohne Salvage - Based on the memo received from Matt Sadowski (attached), Aid. Woodard moved to defer item until July 6, 1998 Public Service Committee meeting. Seconded by Aid. Pionek. Carried by all. Traffic concerns at Racine Avenue (CTH Y) and Hillendale Drive - Aid. Kathy Chiaverotti provided a written request to install traffic lights at the intersection in question. According to Sgt. Kukowski this area has a "light accident" history. This Committee can make a recommendation to the County for the installation of a • traffic signal and the Police Department will provide the Committee with any written documentation they may require for the County. Aid. Woodard moved to direct Chairman Patterson to draft a letter to the County requesting consideration for a traffic signal at the intersection of Racine Avenue and Hillendale Drive. Seconded by Aid. Pionek. Carried by all. Request for sign for hearing impaired - Stonecrest/Highbluff - Aid. Kathy Chiaverotti provided a written request to this Committee for the installation of a hearing impaired sign warning motorists to be more prudent with their speed in the area. Chairman Patterson directs John Loughney to install the sign in the area in question. COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW It was brought to the attention of John Loughney that sign installation at the intersection of Hawthorne and Emmerson is not complete. The sign on Emmerson has yet to be installed. Loughney will look into this immediately. John Loughney provided data for tree limb pick up caused by the recent storms in the area. All limbs to be picked up by the City need to be parallel to the shoulder no later than 7:00 AM, Thursday, June 5, 1998. These branches will be chipped on -sight. Residents wishing to use any chips for landscaping purposes can pick them up, free of charge at the City Garage between 8:00 AM and 2:30 PM 7 days per week. ADJOURNMENT - There being no further business to discuss, Aid. Pionek moved to adjourn the meeting at 8:17 PM. Seconded by Aid. Woodard. Carried by all. •Aslina pectfully submitted, Gulgowski, ecretary MEMO PLANNING DEPARTMENT To: Public Services Committee CC: From: Matthew G. Sadowski, AICP Director of Planing Date: June 1, 1998 RE: Kohne Salvage iffifff#fffiiiifififff##fi#if#lilt####ff#fffiifififif#if#ifiiffifffifiii•#fffiiifii•ffffff#fffiff##f• As requested, I have inspected the above operation. • It can be reported that the site is orderly and well kept. However, while the property displays continual improvement each year with respect to clean-up of old vehicles, the the property is not in compliance with past approvals in that: A new building has been constructed for which there is no record of Plan Commission approval or Zoning and Building permits. Staff recommends that this item be deferred until petitioner has time to obtain proper approvals. Jim Kohne has been informed that proper approvals are needed (Plan Commission, Zoning, Building). He will be attempting to submitting a site plan and building plans to the Planning Department by this Friday (6/5/98) for an appearance before the Plan Commission on June 19, 1998. On that date, the Plan Commission will review the proposal as an amendment to the building, site and operation plan. 0 • REPORT BY CHUCK DYKSTRA, SR. TO THE PUBLIC SERVICES COMMITTEE JUNE, 1998 CITATIONS W188 S8276 Mercury Dr. -Dale Kreil 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 rescheduled for July 13, 1998. At 2 P.M. No change. • W151 S10282 Thode Dr. - Robert Haffner 9244523 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 Nesta, 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. Judge Becker has decided she would like briefs from both Attorneys by May 15`h with follow-up reply briefs due by May 30`h She will render a decision within 60-90 days. No change. SAFETY