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ccm19830426COMMON COUNClL CITY OF MUSKEGO 0 MINUTES OF MEETING HELD APRIL 26, 1983 The meeting was called to order by Mayor Salentine at 7:50 P.M. Also present were Aldermen Nilsson, Penovich, Colburn, Faetzke, Tomczyk, DeAngelis and Duke, City Clerk Stewart and City .Attorney Molter. Penovich moved, Gaetzke seconded, to approve minutes of meetings held 4/12/63 and 4/19/83. Carried. Penovich moved, Nilsson seconded, pursuant to Wis. Stats. 19.85 (l)(e) and 19.85(1)(g) to go into closed session (Re: purchase of lands for Lake Meadows Park) Unanimously carried. At 8:58 P.M. the regular meeting reconvened. Committee Reports Penovicb presented and moved, Tomczyk seconded, to accept report of Public Welfare Committee meeting held 4/13/83. Carried. Colburn presented and moved, Tomczyk seconded, to acc.ept report of 0 Public Safety Committee meeting held 4/13/83. Carried. Penovich presented and moved, Dumke seconded, to accept reports of Finance Meetings held 4/20/83 and 4/26/83. Unanimously carried. Gaetzke presented and moved, Dumke seconded, to accept report of Rules, Laws 8 Ordinance meeting held 4f21103. Carried. Plan Comission minutes of meeting held 4/19/83 were received and placed on file. UNFINISHED BUSINESS Resolution #68-83 - Denial of Legal Lot Status (Muskego Beech Park Add’n Meinecki.) On the floor and had been referred to Plan Commission for further review. Colburn urged the aldermen to review the present zoning to see if it could& changed to make present non-conforming lots that the motion to adopt #68-83 carried with Colburn voting “no”. had previously been made legal to again become legal. Upon roll call Ordinance #455 - An Ordinance to Amend Ch. 17, Sections 2.02, 3.06 and B 6.04 of the Municipal Code (On the floor and had been referred to Plan Commission for further revlew. Council representative to Plan Commission, Colhurn, advised the Plan Commission had once again considered Ordinance moved to amend #455 by having 6.04 Off-street Parking read as follows: #455 and reaffirmed its decision to have it remain as it is. Nilsson (4) A. Surfacing: Any driveway or off-street parking area (other than vehicles shall be hard surfaced if it is within 500 feet of a residential that provided for a residence) having a capacity for more than 4 district. Tomczyk seconded. Considerable discussion took place with several aldermen indicating the property of Muskego Transport Co. should be upgraded, whether or not a time limit for hard surfacing should be imposed, guidelines as to the type of surfacing and exactly what con- Nilsson withdrew his motion to amend and moved to refer #455 back to stitutes a residential district. With the permission of his second, Unanimously carried. Plan Commission once again for further review. Penovich seconded. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Clerk read Mayor Salentine‘s veto message of Resolution #77-83. entitled, Authorizing Release of Escrow Funds to the Muskego Lake Reclamation Charitable Trust or Its Designee. The Clerk read the Mayor’s Proclamation designating the month of May to be ANERICAN LEGION POPPY Month. Common Counc i I 4/26/83 P. 2 Communications from the Mayor's Office - Cont'd. Mayor Salentine names his appointees to the Citizens Committee to Stu 9 y Dandilion Park and other lake accesses, as follows: Earl R. Duewel Ronald Ford Darl F. Holl Kathleen Mueller Kenneth Czaplewski Abraham Mater Carolyn Beske Wally Spann Don Rindo e NEW BUSINESS The following resolutions were acted upon: ;94-83 - Relocation Order of the City of hluskego Waukesha Co., Wis. (Re: Tess Corners Culvert Project (TIF #2) Penovich moved, Nilsson seconded, to ndopt. Unanimously carried. b'95-83 - Allthorizing the Hiring of an Appraiser and Relocation Expert IO Curry Out. tho I~u1oc11Llot1 Ortlc!i* Knowtt IIH IlcbHol (11 IOII t!M-H:I. I'CIIOV ICII moved, Gaetzke seconded, to adopt. Unanimously carried. d!)(i-H3 - Approval of Certified Survey hlup (Kosobuck i Iiros. ) CoI burn moved, Penovich seconded, to adopt. Unanimously carried. e #97-83 - Approval of Certified Survey Map (K. Zbilicki). Colburn moved, Duke seconded, to adopt. Unanimously carried. #98-83 - Removed from agenda (Re: Ludwig Easement) #99-83 - Approval of Practice/Show Dates of Waterbugs Ski Club on Little Muskego Lake. Dumke moved, Gaetzke seconded, to adopt. Unan- imously curried. #loo-83 - Granting Placement of Water Ski Jump on Bed of Little Muskego Lake (Water Bugs). Colburn moved, Penovich seconded, to amend #loo-83 by adding the following: BE IT FURTHER RESOLVED that the Water Bugs the City of Muskego from all liability as per the attached agreement". Ski Club, Inc. and the City of Muskego enter into an agreement absolving Upon roll call the motion to amend carried with Tomczyk voting "no". #101-83 - Final Resolution Authorizing Installation of Sanitary Sewer (Re: Hillendale Dr. Sewer Project). Nilsson moved, Penovich seconded, Improvements and Levy Special Assessments Against Benefited Property to adopt. The Clerk read correspondence from the DNR indicating the a proposed sewer project is not for new construction on vacant lots (Froelich and Stephens properties). Unanimously carried. Extension (D.F. Tomasini - $34,992.00) Nilsson moved, DeAngelis ,9102-83 - Acceptance of Bid for MMS-1-83 Sewer Project Hillendale Dr. seconded, to adopt. Unanimously carried. " #103-83 - Appointment of Weed Commissioner (Wjl moved, Gaetzke seconded, to adopt. Unanimously #104-83 - Declaring Certain Weeds to be Noxious Penovich moved, Dumke seconded, to adopt. Unan lard Bertram). Penovich carried. in the City 01 Muskego. imously carried. #105-83 - Acceptance of Bid for the Purchase 01 Two Diesel Tractors for Park Maintenance (Reinders Bros.) Dumke moved, Nilsson seconded, a to adopt. Following discussion, Nilsson moved to defer action on this resolution until the Park Superintendent could appear at the Finance Committee to explain the difference in the low bid of Wisconsin Turf Co. und the bid received from Reindcrs Bros. Seconded by DcAngelis. Motion carried with Tomczyk voting "no". #106-S3 - Acceptance of Low Bid for 1983 Road Improvement Program. asphalt and C & K, liquid asphalt.) Unanimously carried. Penovich moved, Dumke seconded, to adopt. (Payne & Dolan, bituminous e 2 '\ A Common Council April 26, 1983 - P. 3 New business-c0nt.d Authorizing Installation of Slalom Course in Little Muskego Lake Colburn moved, Nilsson seconded, to adopt. Colburn moved to amend #107-83 to delete the words "Water Bugs Ski Club" wherever it appeared in the resolution. Nilsson seconded. Carried. On #107-83, As Amended, the motion to adopt carried unanimously. U108-83 - Appointment of Citizens Representative to Parks and Recreation Board - K. Wesell. Penovich moved, DeAngelis seconded, to adopt. Unanimously carried. #109-83 - Removed from agenda (Re: Appointment of Citizens Member to Plan Commission) #110-83 - Appointment of Alderman to Parks and Recreation Board. R. Tomczyk. Nilsson moved, Gaetzke seconded, to adopt. Unanimously carried. #111-83 - Appointment of Alderman to Library Board - R. Nilsson. Tomczyk moved, Colburn seconded, to adopt. Unanimously carried. #112-83 - Appointment of Citizen Member to Board of Rsview -s:M. Stein- weber. Nilsson moved, Ben ov ic h seconded, to adopt. Unanimously carried. #113-83 - Appointment of Citizen Member to Police and Fire Commission - R. Young. Nilsson moved, Tomczyk seconded, to adopt. Unanimously carried. e #114-83 - Appointment of Member to Board of Appeals - G. Fohr. Colburn moved, Dumke seconded, to adopt. Unanimously carried. the Muskego Reclamation Charitable Trust or Its Designee. Colburn #115-83 - Revised Resolution Authorizing Release of Escrow Funds to moved, Nilsson seconded, to adopt. Tomczyk requested permission of objections, Mr. Ford urged that any reference to the Little Muskego Lake his fellow aldermen to have Mr. Ron Ford Speak. As there were no District be stricken from the agreement. Ald. Penovich moved to amend #115-83 by have 5. read "The District hereby agrees that it has no claim or interest in the trust funds in question by a vote of Little Muskego Lake District membership". Seconded by Gaetzke. Penovich spoke in be additional protection to safeguard the city. Upon a roll call vote favor of the district being included in the agreement in that it would on the motion to amend, Penovich, DeAngelis and Gaetzke voted "aye". Aldermen Colburn, Dumke, Nilsson and Tomczyk voted "no". The motion to amend did not carry. Following further discussion as to who should be should make the decision, Ald. Nilsson called for the question. Upon included in the signing of the agreement and whether or not a judge a roll call vote to call for the question, Aldermen Dumke, Nilsson, Tomczyk, Colburn and Penovich voted "aye". Aldermen DeAngelis and Gaetzke voted "no" #115-83, the motion carried with Aldermen DeAngelis and Gaetzke voting . Motion carried. Upon a roll call vote to adopt "no" . LICENSE APPROVAL - Penovich moved, Dumke seconded, to approve Operators Licenses for David Bathke, David Kaufman, Lee Sirny, Wayne Jeschke, Cynthia Waters and Donald Matowski, subject to received of favorable police reports Penovich moved, Dumke seconded, to approve "Gathering" Permit for Land 0 Lakes home games at Horn Field. Carried. Penovich moved, Dumke seconded, to approve "Gathering" Permit for Lake- view Rod and Gun Club for 5/22/83 (Schultz Lane). Carried unanimously. VOUCHER APPROVAL - Penovich moved, Nilsson seconded, to approve payment of general vouchers in the amount of $114,018.55, payable 4/26/83. Unanimously carried. Penovich moved, Dumke seconded, to approve payment of sewer utility vouchers in the amount of $15,465.36 payable 4/26/83. Unanimously carried. common Council City of Muskego April 26, 1983 Page 4. COUNUNICATIONS AND MISCELLANEOUS UUSINESS AS AU'l'llOl~IZL'l~ DY LAW The Clerk acknowledged a petition signed by 299 persons requesting a change in the polling area for the 14th Ward ol the 7th District. Same referred to Public Welfare Committee Mayor Salentine advised those present the concept of an agreement between MMSD and the city has been orally agreed upon. ADJOUHNUENT - Tomczyk moved to adjourn, seconded by Gaetzke. hlotion carried. The meeting adjourned at 11:15 P.M. Respectfully submitted, Charlotte L. Stewart, City Cle k c