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PSCM19981005PUBLIC SERVICES COMMITTEE - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD MONDAY, October 5, 1998 • The meeting was called to order at 7:05PM by Chairman Patterson. Present was Committee member Alderman Don Pionek, Police Chief John Johnson, City Engineer Christopher Zoppa, acting DPW Director Wayne Delikat, and those per the attached list. Alderwoman Woodard was absent. Chairman Patterson noted that the meeting was posted in accordance with the Open Meeting Law. UNFINISHED BUSINESS Update on status of Condemnations/Citations - Nothing to report. Update on existing forms and ordinances - Nothing to report. Status of Recycling/Refuse -Review of Attorney Comments - Acting DPW Superintendent Wayne Delikat reported no problems over the last month. Chairman Patterson reported that the State recycling grant was awarded to the City. The Committee reviewed a letter from Attorney Molter dated August 261", 1998, regarding the recycling contract as it pertains to the BFI contract for the leaf/yard waste removal. It is the Attorney's opinion that the City is not bound by the BFI contract for removal of those materials and that the City could negotiate with another contractor for the removal. Status of Cable TV - Mr Tom Mather of S90 W17495 Forest Drive, appeared before the Committee regarding poor restoration of his yard and City ditch line property by Warner Cable Company. The Committee discussed several ways to insure proper restoration of public and private property as a result of utility company work. It was decided that Chairman Patterson will call Bev Greenberg of Warner Cable is regarding the issue. Review of existing landfill expansions - Nothing new to report. Further discussion for additional buoy - Little Muskego Lake - The Committee reviewed a memo from Officer Gary Mrotek regarding a request by Mr Robert Bueckers of Jewel Crest Drive, regarding his request for a buoy. The request comes from Mr Bueckers because of a problem that he has living in a cove on the west side of Little Muskego Lake where waterskiers tend to come too close to his and other piers along that shore line. Officer Mrotek's memo indicated that the reason boats come into that cove is of the calm waters and it is excellent waterskiing water He however does not recommend an additional buoy in that area because there are laws that already protect homeowners from boats coming too close to piers and that the buoy is not needed. He also spoke to the Department of Natural Resources Specialist John Planke who indicated that the State of Wisconsin is opposed to shore zone buoying. The Committee agreed not to place an additional buoy at this time. Mr Bueckers also requested information on the second buoy that was added to Moonlight Bay this year The Committee asked Chief Johnson to find out the history behind the second buoy and report back to the Committee at the next meeting. NEW BUSINESS Review request for "Hidden Driveway" sign on Field Drive at Hillendale Drive - The Committee reviewed a request by Alderperson Kathy Chiaverotti regarding a concern by Craig Pozarski of W200 S7470 Hillendale Drive. The request and concern is due to this subject having a driveway that is near the intersection of Field and Hillendale and that traffic does not stop on Field Drive and does not allow for the safe exiting of vehicles •from his and others driveways near the intersection. A motion was made by Alderman Pionek directing the Public Works Department to post a sign in consultation with Alderperson Chiaverotti as to the location. Motion seconded by Alderman Patterson. Carried by all. Public Services Committee Meeting - October 5, 1998 Page 2 •Discuss citizens request for pedestrian safety on Racine Avenue at the Muskego High School - The Committee reviewed a request by Chief Johnson regarding a concern of two citizens who live on Racine Avenue adjacent to the High School, Maxine Learned and Debbie Stefaniak, regarding pedestrian safety for students crossing Racine Avenue and Woods Road at the High School. The ladies expressed concern that there are no cross walks for pedestrians. Alderman Patterson made a motion directing the Chief to write a letter to Waukesha County requesting cross walks be placed at that intersection. Motion seconded by Alderman Pionek. Carried by all. Review request for reduced speed on Racine Avenue - The City has received a reply from Waukesha County Highway Department on 09/04/98 denying a request to reduce the speed limit in the area of College to Hillendale Drive as requested by the City of Muskego. The Committee decided to take no further action on this item. Review draft of demolition ordinance - City Engineer Zoppa reviewed the existing demolition ordinance 30.08 and a proposed outline of a new demolition ordinance that he drafted. The comprehensive outline defined Type A to Type D structures with A being the smallest structure. The ordinance outline would address the administrative issues, type of structure, site preparation, removal, restoration, reuse certification, and liability issues. Alderman Patterson had some concerns that we were being too comprehensive. The Committee will review the draft outline and discuss it at next month's meeting. Review request for waiver of 1998 Refuse/Recycling Fees for VIDCOM - The VIDCOM Engineering Inc. Company of 12845 Burleigh Road, Brookfield, Wisconsin, owns property at S70 W20279 Adrian Drive. The company has requested that they not have to pay their refuse/recycling charge on that property because •they do not use the system since the building on that property is vacant and will not be used. Alderman Pionek made a motion to waive the refuse/recycling fee for the VIDCOM property. Alderman Patterson seconded the motion. Carried by all. COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW - Alderman Patterson stated that the City believes it is too late to change Trick or Treat hours to evening hours for 1998, however, the City will look closely at the experience of other communities this year and look favorable towards a change in 1999. ADJOURNMENT - Alderman Pionek made a motion to adjourn the meeting, seconded by Alderman Patterson. Carried by all. Respectfully Submitted, John R.Johnson Chief of Police • • REPORT BY CHRIS ZOPPA. P.E. TO THE PUBLIC SERVICES COMMITTEE OCTOBER, 1998 CITATIONS W188 S8276 Mercury Dr. -Dale Kriel 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. December 11, 1998, 2 P.M. hearing before Judge Schneider. • CITY OF MUSKEGO MEETING GUEST SIGN -IN SHEET MEETING NAME (Please Print) AGENDA ITEM .,