RLO19870316RULES, LAWS & ORDINANCE COMMITTEE - CITY OF MUSKEGO
• MINUTES OF MEETING HELD MARCH 16, 1987
The meeting was called to order by Chairman Dumke at 7:10 P.M.
Also present were Committee Members Taube and Patterson, and Ald.
DeAngelis.
The Committee reviewed correspondence from the City Attorney
dated February 10, 1987, in regard to East Troy Landfill permit
fee of $20,000. It is the City Attorney's opinion that $20,000
is questionable because a Court may hold that such a fee is
exorbitant and really is an illegal tax and not a reasonable
permit fee; and even if the fee is upheld, in the proceeding
mandated by the State Siting Law, even if such an application is
considered a "pre-existing local approval" after the passage of
the appropriate time, such requirements can still be disregarded
by the siting process. Such an ordinance may be helpful to the
City in getting these expenses, but the passage of such an
ordinance is no guarantee that it will work in that manner. Ald.
Taube moved to set a landfill permit fee of $10,000 to be set in
an escrow account and upon use, it must be replaced, effective
upon adoption of an amended landfill ordinance. Seconded by Ald.
Patterson, motion carried. Ald. DeAngelis requested that the
City send a letter to Richard Mace (Waukesha County) inquiring
whether the County might also be in the process of amending their
landfill ordinance, and if so, what is their timetable.
• The Committee reviewed correspondence from City Attorney in
response to their inquiry as to whether the City should appoint a
Board of Housing Appeals or can this type of appeal be reviewed
by the Board of Appeals. The City Attorney's opinion is that
section 1.05(4) could be amended to state that the Board of
Zoning Appeals will act as the Board of Housing Appeals and when
acting as the Board of Housing Appeals, will have the rights
confirmed by Chapter 19 of the ordinance. Ald. Patterson moved
to direct the City Attorney to prepare appropriate ordinance.
Seconded by Ald. Taube, motion carried.
The Committee reviewed amendments to the Deposit Forfeiture Bond
and deferred action until the April meeting.
The Committee reviewed redrafted language supplied by the City
Attorney for proposed amendment to Chapter 17 on parking of
trucks in residential areas and directed the City Clerk to set a
Public Hearing date.
Meeting adjourned at 8:10 P.M.
Respectfully submitted,
• Ald. Patrick Patterson
ca Secretary