PSCM19980706PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO
MINUTES OF MEETING HELD MONDAY, July 6, 1998
Approved
• The meeting was called to order at 7-11 p.m., by Chairman Patterson. Present was Committee member
Aid. Woodard, Sgt. Steve Kukowski, Public Works Superintendent John Loughney and those per the
attached list. Aid. Pionek was absent.
The Committee noted that the meeting was posted in accordance with the Open Meeting Law.
REVIEW OF PREVIOUS MEETING MINUTES - The Committee reviewed the previous meeting minutes of
June 1, 1998.
UNFINISHED BUSINESS
on status of Condemnations/Citations - Former Building Director, Chuck Dykstra provided a written
report (attached), with current activity in boldface type.
Update on existing forms and ordinances - No feedback has been received.
Personal Appearance (Chuck Ott/BFI) - Continued Discussion On Yard Waste Pickup - Mr Chuck Ott
introduced his future replacement Mr. Pat Shanders (Director of Municipal Services). They were present to
discuss options available to the City of Muskego regarding yard waste service. Options including curbside
pick-up programs (either flat fee, or a volume based program), and extending current hours/days for the
existing drop-off service were discussed. The frequency of pick-up (month ly/bi-monthly) was considered
and the merits and costs incurred with all options were briefly discussed. For a detailed synopsis of the
issue, BFI will have to calculate actual costs of manpower and machinery for each option, along with the
•frequency ratio and will provide those options to the Committee at the next meeting in August. If a curbside
program is established, the current drop-off area may be closed, with the money being spent on funding that
service, being forwarded to the volume based or flat fee pick-up program. John Loughney provided a
pricing comparison from Superior for servicing Hales Corners and the Town of Brookfield. Chairman
Patterson directs BFI to prepare options and costs associated with yard waste pick-up for 9 times per year
and every other week along with the costs incurred with the extension of hours/days of service for the
existing drop-off area, for the next meeting in August. Chairman Patterson also requests that the reports be
submitted to the Committee members one week prior to the meeting for Committee review.
Status of Recycling/Refuse - John Loughney reports that the number of complaints received for the month of
June were 13 and included: 1 garbage on the road, 3 Oil/hydraulic fluid discharge on roadway (see below
for additional discussion), 1 recycling pick-up not made, 4 garbage pick-ups not made (3 complaints were
from the same individual), 1 garbage/ recycling pick-up not made, 1 blue recycling bin not delivered, 1
missed tire pick-up and 1 large item pick-up missed.
Regarding the oil/hydraulic fluid spill, BFI informed the Committee that the District Manager and Safety
Director for BFI were involved in this clean-up situation. Port-o-Wash was hired to power wash the surfaces
with oil present. The spots remaining will eventually blend into the road over time. The manner in which the
surfaces were cleaned is standard procedure. Using a more caustic product would damage the asphalt.
Due to the widespread nature of the spills, and the amount of time this vehicle was in service without
maintenance, BFI believes that an inexperienced driver was responsible for this situation. The clean-up has
already cost BFI over $1,700. Supt. Loughney has still been receiving complaints from residents in areas
that have already been cleaned and those areas that the cleaning service missed. BFI personnel will drive
• through the City to determine if additional areas require attention.
Recycling participation decline - There has been a 6% decline in the amount of refuse that is recycled in the
first three months of the year BFI will be weighing trucks on a consistent basis to obtain data in comparison
to last year BFI will include additional items in their newsletter to re-educate the public on the importance of
recycling and the options that may need to be employed if voluntary recycling is not practiced. The use of
Public Services Committee Meeting - July 6, 1998
Page 2
clear garbage bags may be employed and has been implemented by other communities in an effort to
"encourage" recycling.
• Status of Cable TV - Chairman Patterson reported nothing new at this time
Further review of existing landfill expansions - No new developments at this time.
Review of Waukesha County response to request to establish traffic regulations on Janesville Road
(Pioneer & Moorland Road) - Sgt. Steve Kukowski provided data from a traffic count conducted by the
Waukesha County Department of Transportation at the intersection of Janesville and Moorland Road. 85%
of the vehicles operated at a speed of 52.5 MPH (50 MPH posted), which indicates that most drivers find the
current speed limit reasonable and are voluntarily complying with it. The County suggests that the segment
of County Trunk Highway L from Pioneer Drive to approximately 150 feet to the east have parking restricted
to cars only with "No Truck or Van Parking" restriction being imposed. The Committee and the Police
Department are in favor of this solution due to the lack of development in the area. Aid. Woodard moved
to request the County to install a No Truck or Van Parking restriction on the mentioned roadway.
Seconded by Aid. Patterson. Carried by all. The Committee will review this item when development and
cross traffic in the area increase to determine if a change is necessary.
Further review of Salvage and Recycling License - Kohne Salvage - The Kohne's have received Plan
Commission approval and have applied for both building and zoning permits. Aid. Woodard moved to
approve the salvage renewal for Kohne Salvage. Seconded by Aid. Patterson. Carried by all.
NEW BUSINESS
•Review application for Salvage & Recycling License - Glockner - The site has progressively improved.
Minor items require addressing. The Staff recommends approval to the salvage operation, subject to
continual clean-up of site. Aid. Woodard moved to approve the salvage renewal for Glockner,
contingent upon continual clean-up of the site. Seconded by Aid. Patterson. Carried by all.
Review Fireworks Permit Display regulations - Sgt. Kukowski did not have the exact number of permit
requests received. The Chief of Police is not in favor of a formal permit being issued by the City for personal
fireworks displays and is in favor of no permits being issued for these types of activities. The lack of
knowing what actual aerial products are being used and those who don't even attempt to secure a permit,
yet set off fireworks, continue to trouble the Police Department. Ald. Woodard is in favor of no personal use
permits issued for fireworks displays based on the number of complaints she has received from her
constituents regarding noise and safety issues. Chairman Patterson checked the number of incidents of
those who had secured permits against those that had not obtained the proper approval and found that
none of the incidents could be traced to those that had paid for a permit. Ald. Woodard requests that this
topic be placed on the next Committee of the Whole Meeting for discussion and input from the other Districts
Aldermen
Discuss establishment of 1999 refuse/recycling fees - Ald. Woodard moved to defer this item to next
months meeting. Seconded by Aid. Patterson. Carried by all.
Review request for "Slow -No -Wake" sign - Lake Denoon - Mr Ray Christenson and Mr Bruce Miller were
requesting a Slow -No -Wake sign on Lake Denoon for personal watercraft. The Milwaukee office of the
Department of Natural Resources (DNR), was contacted regarding this request and approval was given.
•After contacting the State DNR, it was found that signage for this purpose was not allowed. The Lake
Association needs to do further research on the feasibility of an Ordinance for personal watercraft only and
will report their findings at a later date.
Public Services Committee Meeting - July 6, 1998
Page 3
Discuss emergency service and warning system (Mayor) - The Committee discussed the costs associated
with the installation of a severe weather warning system. Several years ago the cost was in the $200,000
•range according to Chairman Patterson. The usefulness of such a system was in question considering the
ability of residents inside homes with air conditioners running to even hear the warning. The cost of weather
warning radios and encouraging residents to purchase such units was discussed. Please place this item on
the agenda for next months meeting.
Discuss request for "No thru Street' sign - Golden Country Drive/CTHL (Aid. Pionek) - Ald. Pionek is
requesting this sign to cut down on the traffic on Golden Country Drive. Motorists think that it is a thru street.
The Police and John Loughney both support the installation of this sign. Aid. Woodard moved to approve
the installation of a No thru Street sign on Golden County Drive. Seconded by Aid. Patterson.
Carried by all.
Review of police reports for Brotoloc Group Homes - Mr. Bill Seiden and Senator Mary Lazich were present
to discuss on behalf of the numerous residents present their concerns over the new group home managed
by Brotoloc. Using the Oak Creek group home as a model, a full police report was run on the property to
determine the type of incidents that can occur in such a place. Various incidents included; unwanted
visitors, missing payroll, drug/narcotic violations, drug paraphernalia possession, missing residents and
prank 911 calls. 60 total homes in the state with 17 of those homes within Southeastern Wisconsin are
owned by Brotoloc. The residents are concerned that the 32 incident calls from just this one residence are
the "norm' and not the exception. The Chief of Police will attempt to gain access to the actual notebooks
used by the Oak Creek Police when on the scene. According to Senator Lazich, no complaints are on file
for the 17 homes in Southeastern Wisconsin. The home in Muskego is still undergoing renovation and it
appears that there is an individual in the residence. The name of the resident will need to be obtained and
then cross -matched to see if they are receiving any government subsidy, if in fact they are, the group home
would be in violation of operating a home without a license. If the individual is paying for care out of her
.
pocket, the County/State have no jurisdiction. In order for individuals to delay the licensing of the
establishment, they will have to prove that the individual currently residing in the residence is receiving some
type of subsidy and the facility is operating without a license.
COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW
John Loughney reiterated his concern over the oil spills from the BFI truck and the number of complaints he
is receiving.
ADJOURNMENT - There being no further business to discuss, Aid. Woodard moved to adjourn the
meeting at 9:40 P.M. Seconded by Aid. Patterson. Carried by all.
yRepectfullsubmitted,
Linda Gulgowsk ,Recording Secretary
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• REPORT BY CHUCK DYKSTRA, SR.
TO THE PUBLIC SERVICES COMMITTEE
JULY, 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 rescheduled for July 13,
1998. At 2 P.M. No change.
• 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 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
violationtforfeiture amount within 30 days. Judge Becker has decided she would like
briefs from both Attorneys by May 150' with follow-up reply briefs due by May 30`h She
will render a decision within 60-90 days. No change. $999.88 check received from
• Circuit Court. $200.12, additional moneys due within 30 days
SAFETY
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