ccm19831011COMMON COUNCIL
CITY OF MUSKEG0
MINUTES OF MEETING HELD OCTOBER 11, 1983
Called to order by Chairman Salentine at 7:50 P.M. Also present
were Aldermen Penovich, Colburn, DeAngelis, Dumke, Gaetzke,
Nilsson and Tomczyk, City Clerk Stewart and City Attorney Molter. e
e Penovich moved, Gaetzke seconded, to approve minutes of meeting
held 9/27/83.
Notice of Closed Session was read. Penovich moved to convene into
closed session pursuant to Section 19.85(1)(g) of State Statutes
to confer with legal counsel who is rendering advice with respect
to litigation in which it is involved; namely, the Summons and
Complaint from McAdams of Muskego, Inc. d/b/a/ Pick 'n Save vs. the
City regarding their liquor license, and the Claim for Money
Damages and/or Claim in the Alternative for Buildable Lot Status
regarding the former Lederhaus property from claimant, Title 1ns.Co.
of Minnesota. Tomczyk seconded, carried unanimously at 7:52 P.M.
The Council reconvened into Open Session at 8:50 P
COMMITTEE REPORTS
. Iri .
Penovich presented minutes of 9/28/83, 10/5/83 and
Committee meetings and moved same be accepted. Co
carried. a
10/11/83 Finance
lburn seconded,
-
Dumke presented minutes of 10/6/83 Public Works Committee meeting
and moved same be accepted. DeAngelis seconded, carried.
The Plan Commission minutes of meeting held 1014183 were received
and placed on file.
UNFINISHED BUSINESS
Reso.#249-83 - Consent to the Assignment of Cable Television Fran-
chise from RVS to Ingersoll. Tomczyk moved for adoption. Nilsson
seconded. IJilsson moved to amend to insert after "accepted by
seconded, carried unanimously. Reso.#249-83 As Amended adopted
Ingersoll" - "or if Resolution #259-83 is not passed,". Gaetzke
unanimously.
Ord.#465 - An Ordinance to Amend Chapter 12.19 of the Municipal
Code (Transfer of Cable TV Franchise from RVS to Ingersoll). Clerk
Tomczyk moved to amend #465 per copy of proposed amended ordinance
gave second reading. Tomczyk moved for adoption. Nilsson seconded.
0 word "obtaining" to "retaining" in the last sentence and to amend
distributed and to further amend Section 12.19(17)(a) to change the
12.19(17)(b) to read as follows: "The Grantee will place an earth
station dish and a building to house head-in electronics on the
City-owned property known as the Old Muskego Settlement Park with
the approval of the Plan Commission". Nilsson seconded, carried
unanimously. Ord.#465 As Amended adopted unanimously.
Reso.#257-83 - Recommendation to Grant Second Non-Exclusive Fran-
chise to Ingersoll Cable Corporation. Nilsson moved to Table.
Tomczyk seconded, carried unanimously.
Ord. #466 - An Ordinance to Create Chapter 12.20 of the Municipal
Nilsson moved to Table. Tomczyk seconded, carried unanimously.
0 Code (Granting Second Non-Exclusive Franchise to Ingersoll).
NEW BUSINESS
Release of Bond between the City and RVS. Tomczyk moved for adoption.
Reso.#259-83 - Authorizing the Execution of Mutual Release and
Nilsson seconded. Tomczyk moved to amend to add: "Be it further
resolved that this resolution shall not be effective and the release
#465 (As Amended) is formally accepted by Ingersoll Cable Corporation.
Nilsson seconded, carried unanimously. Reso.#259-83 (As Amended)
adopted unanimously.
0 shall not be executed or the bond returned until such time as Ord.
Common Council
10111183
Page Two
COMMUNICATIONS FROM MAYOR'S OFFICE
Mayor Salentine appointed the following persons to the Cable TV
Citizen's Committee: Bonita V. Nilsson, Richard Knudsen, A1
Koester, Chuck Damaske, Rich Lokker,Bob Henrichs, Marilynn Buerger
and Mary Hildebrand.
NEW BUSINESS (cont'd)
Reso.#252-83 - Authorizing the Hiring of a PlannerIConsultant for
the Lake Meadows Area Park (Howard Needles Tammen and Bergendoff-
$14,700). Penovich moved for adoption. DeAngelis seconded, carried
unanimously.
Reso.#260-83 - Recognizing Muskego's Distinguished Citizen, Martha
Spater, on her 103rd Birthday. DeAngelis moved for adoption.
Gaetzke seconded, carried unanimously.
Reso.#261-83 - Designating Halloween Trick or Treat Hours. Tomczyk
moved to adoption. Colburn seconded. Penovich moved to amend to
mously. Reso. #261-83 As Amended adopted unanimously.
change hours to 2:OO to 4:OO P.M. Gaetzke seconded, carried unani,-
(Trick or Treat - Saturday, Oct. 29, 1983 - 2:OO to 4:OO P.M.)
Reso. #262-83 - Denial of Claim (David Ludwig-$4,297). Penovich
moved for adoption. Dumke seconded. Carried unanimously.
Reso.#263-83 - Approval of Agreement Between the City and Conley,
McDonald, Sprague and Company for Audit Service (General Fund).
Colburn moved for adoption. Penovich seconded, carried unanimously.
Reso.#264-83 - Approval of Agreement Between the City and Conley,
McDonald, Sprague and Company for Audit Service (Sewer Utility).
Colburn moved for adoption. Tomczyk seconded, carried unanimously.
Reso.#265-83 - Approval of Extension of Time for Plan Commission to
Make Recommendation (G. Wade Rezoning Request). Colburn moved for
adoption. DeAngelis seconded, carried unanimously.
Reso.#266-83 - Setting Public Hearing Date - 1984 Budget.
(November 14, 1983 - 7:OO P.M.) Penovich moved for adoption.
Dumke seconded, carried unanimously.
Reso.#267-83 - Approval of Amendment to Revised Master Plan - Bluhm
Park. Colburn moved for adoption. Tomczyk seconded, carried
un an imous 1 y .
Reso.#268-83 - Waiving the Right of the City to Purchase Parcel of
Land for Sale by T. Buss (Industrial Park). Penovich moved for
adoption. Dumke seconded. Gaetzke moved to amend the resolution
to waive the rights on the entire parcel (Lot 7, Block 2). Penovich
seconded, motion carried. Reso.#268-83 (As Amended) adopted unani-
mously.
Reso.#269-83 - Directing the City Attorney to Draft an Ordinance
to Amend the District Zoning Map (A to EA). Colburn moved for
adoption. Dumke seconded, carried unanimously.
Reso.#270-83 - Directing the City Attorney to Draft an Ordinance
to Amend Chapter 17 of the Municipal Code (Zoning Ordinance)
(creation of EA-Exclusive Agriculture District). DeAngelis moved
for adoption. Penovich seconded, carried unanimously.
Reso.#271-83 - Approval of Holding Tank Agreement (Behrs). DeAngelis
moved for adoption. Nilsson seconded. Colburn moved to defer.
Gaetzke seconded, carried unanimously.
DeAngelis moved for adoption. Nilsson seconded, carried unanimously.
Reso.#272-83 - Approval of Amended Relocation Order (Bass Bay).
0
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Common Council
10/11/83
Page -3
NEW BUSINESS (cont'd)
Reso.#273-83 - Authroizing the Hiring of Special Counsel
Penovich seconded, carried unanimously.
(re: Pick 'n Save litigation). Tomczyk moved for adoption.
Reso.#274-83 - Relocation Order of the City of Muskego, Waukesha
moved for adoption. Gaetzke seconded, carried unanimously.
County, Wisconsin (Kurtze Lane Drainage Project). Nilsson
Reso.#275-83 - Resolution Authorizing the Hiring of An Appraiser
and Relocation Expert to Carry Out the Relocation Order Known
as Resolution #274-83 (Kurtze Lane Drainage Project).
DeAngelis moved for adoption. Gaetzke seconded, carried unani-
mously.
LICENSE APPROVAL - Penovich moved for approval of Operator's
Licenses, subject to favorable police reports, for Diane Tidball,,
Karen Beck, DyAnne Burk. Tomczyk seconded, carried.
Penovich moved for approval of a Habitation of a Trailer Permit
for T. Treba, subject to approval by the Building Inspector.
Dumke seconded, carried.
VOUCHER APPROVAL - Penovich moved for payment of general vouchers
in the amounts of $177,413.40 and $123,773.01. Dude seconded, carried unanimously.
Nilsson moved for approval of payment of Sewer Utility vouchers
in the amount of $10,828.61. Gaetzke seconded, carried unanimously.
CITY OFFICIAL'S REPORT - The Clerk read the September, 1983
Building Report indicating 9 dwelling units and total construc-
tion in the amount of $1,407,469 for September. Placed on file.
ADJOURNMENT: Nilsson moved to adjourn at 1O:lO P.M. Tomczyk
seconded, carried.
Respectfully submitted,
Charlotte L. Stewart
City Clerk
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