ccm19831122COMMON COUNCIL
CITY OF MUSKEG0
MINUTES OF MEETING HELD November 22, 1983
were Ald. Penovich, Colburn, DeAngelis, Dumke, Gaetzke, Nilsson,
Called to order by Chairman Salentine at 7:51 P.M. Also present
Tomczyk, City Attorney Molter and Deputy Clerk Marenda.
Penovich moved, Tomczyk seconded, to approve minutes of meeting
held 11/8/83. Carried.
COMMITTEE REPORTS
Penovich presented minutes of 11/16/83 and 11/22/83 Finance
Committee meetings and moved same be accepted. Dumke seconded,
carried.
Nilsson presented minutes of 11/9/83 Public Welfare Committee
meeting and moved same be accepted. Tomczyk seconded, carried.
Gaetzke presented minutes of 11/9/83 Public Sewer Committee meeting
and moved same be accepted. DeAngelis seconded. It was noted the
Ladwig Dr. assessment policy would be discussed at the next Sewer
Committee meeting. Carried.
The Plan Commission minutes of meeting held 11/15/83 were received
and placed on file.
UNFINISHED BUSINESS
Reso.#288-83 - Directing the City Engineers to Prepare the Woods
Road Sewer Project Assessment Roll. On the floor. DeAngelis moved
to amend the 5th paragraph to add "with a front foot assessment of
$24.19 and lateral fee set at $990.28." Seconded by Ald. Gaetzke,
carried. #288-83 As Amended adopted unanimously.
Reso.#296-83 - Release of Land Covenant and Granting of Legal Lot
Status (former R.Ford lot). On the floor. Colburn stated that
objecting to the lifting of the Land Covenant, he would be opposed
since a petition had been received from adjacent property owners
action was involved, automatic legal status would be granted,
to the resolution. Atty.Molter advised that since a foreclosure
except that in this case a land covenant was placed on the
property. Tomczyk requested permission for Ron Ford to speak. Mr.
permission for Atty. Dubis to speak. Atty.Dubis requested legal
Ford requested that the covenant be honored. Colburn requested
status be granted to this lot. Colburn moved to amend the 1st and
owners of the property. Seconded by Tomczyk, carried. Resolution
last paragraphs to name Title Insurance Company of Minnesota as
#296-83 (As Amended) was defeated by a vote of 0-yes and 7-no.
Muskego (RS-3 OED to RS-3 00s - Wade) Second Reading. Colburn
Ord.#472 - An Ordinance to Amend the Zoning Map of the City of
moved for adoption. Penovich seconded. Tomczyk moved to amend to
add to last paragraph, "and recording of the warranty deed between
Robert and Patricia Smage and Gregory S. and Patricia Sanford Wade
dated November 15, 1983. Seconded by Gaetzke, carried. Ord. #472
(As Amended) adopted unanimously.
Ord.#473 - An Ordinance to Amend Chapter 3.10 of the Municipal Code
(Sewer Connection by Easement deleted). Second Reading. Nilsson
moved for adoption. Gaetzke seconded, carried unanimously.
Ord.8474 - An Ordinance to Amend Chapter 30 of the Municipal Code
(The Building Code) Second Reading. Colburn moved for adoption.
Dumke seconded, carried unanimously.
COMMUNICATIONS FROM MAYOR'S OFFICE
Mayor Salentine read a message regarding the Police Department
salary in that account and adding it to Contingency, noting that
budget with regard to the elimination of 3/4 of a lieutenant's
this action should not be interpreted as not recognizing the duties
Common Council
Page Two
11/22/83 Minutes
being performed, but rather a monetary control through the budget
process. DeAngelis agreed and added that it was his intent to
eventually cut one position with the duties being split between the
Chief, other Lieutenant and down the ranks, and maybe putting
another patrolman on the street. Colburn read a statement publicly
apologizing to Lt. Zabel for any misunderstandings, and Penovich
also stated his vote was not intended against Lt. Zabel personally. e
NEW BUSINESS
Reso.#300-83 - Granting Permission for Driving Skill Contest on
Little Muskego Lake (Schubring). Penovich moved for adoption.
Colburn seconded. Gaetzke agreed to police, and advised bond
should not be released until he had approved. Carried.
Reso.#301-83 - Approval of Permit for Portable Asphalt Plant for
Payne and Dolan of Wisconsin. Colburn moved for adoption. Tomczyk
seconded, carried unanimously.
Reso.1302-83 - Approval of 1984 Capital Budget.($165,009) Penovich
moved for adoption. Dumke seconded. Mayor Salentine presented
comparisons over past 12 years, showing the phasing out of the
capital program. Penovich spoke in favor o€ the Public Works
programs. DeAngelis felt the programs were needed, but was against
borrowing. Carried 6-1 with DeAngelis casting only dissenting
vote.
Reso.#303-83 - Resolution Providing for the Continued Support of
FLOW. ($21,000) Nilsson moved for adoption. DeAngelis seconded,
carried unanimously.
Reso.#304-83 - Authorizing the Expenditure of Park Dedication
Funds. Tomczyk moved for adoption. Nilsson seconded, carried
unanimously.
Reso.1305-83 - Approval of Holding Tank Agreement (Gerlach).
Tomczyk moved for adoption. Penovich seconded. Tomczyk felt a
holding tank was not necessary, but Mr. Gerlach explained Waukesha
County Health Dept. had ordered it. Carried 5-2 with Penovich,
Colburn, DeAngelis, Nilsson and Tomczyk voting "yes" and Dumke and
Gaetzke voting "no".
Reso.#306-83 - Resolution of Intent to Participate in a County-wide
Solid Waste Management Program. Tomczyk moved for adoption.
Gaetzke seconded. Supv. Frank Narlock spoke as a representative of
Supv. George Guhr, representing the Solid Waste Management Board
the County Board asking the City to look for all alternatives.
requested support of the resolution proposed. Carried unanimously.
The Mayor declared a recess at 9:30 P.M. Reconvenend at 9:45 P.M.
Reso.#307-83 - Authorizing the Purchase of Parcel of Land for Bass
Bay Sewer Project (Pellmann). DeAngelis moved for adoption.
Penovich seconded, carried unanimously.
Reso.t308-83 - Authorizing the Purchase of Parcel of Land for Bass
Bay Sewer Project (Martins). DeAngelis moved for adoption.
Gaetzke seconded, carried unanimously.
Reso.#309-83 - Amending Fee for Real Estate Inquiries. Penovich
moved for adoption. Dumke seconded. Penovich moved to increase
fee to $15.00. Gaetzke seconded, carried. Resolution As Amended
carried unanimously.
Reso.#310-83 - Approval of Renewal of Contract Between City of
Muskego and Mooney & Associates. Dumke moved for adoption.
Nilsson seconded, carried unanimously.
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Reso.t311-83 - Denial of Request for Leave of Absence -
Telecommunicator Pagenkopf. Nilsson moved for adoption. Penovich
seconded, carried unanimously.
Reso.#312-83 - Filling Telecommunicator Position. Nilsson moved
for adoption. Tomczyk seconded, carried unanimously.
Ord.#476 - An Ordinance to Amend Chapter 3.10 of the Municipal Code
(Sewer Connection Fees). First Reading. Nilsson moved to suspend
rules to permit second reading. DeAngelis seconded, carried
unanimously. Nilsson moved for adoption. DeAngelis seconded.
Nilsson moved to amend to show existing dwellings would pay $750
effective upon publication. DeAngelis seconded. Mayor Salentine
connection fee and new construction would pay $2000 connection fee,
of the Whole meeting at 7:OO P.M., with the City Engineer, City
explained this subject would be discussed at the 12/8/83 Committee
many things yet to be discussed and recommended the Ord. not be
Attorney and Financial Consultant. Atty. Molter advised there are
amended. He advised that Reserved Capacity Assessment will be
discussed at the 12/8/83 meeting. Mayor felt there needs to be
some phasing in of the fees. The motion to amend carried 6-1 with
Tomczyk casting only dissenting vote. Atty. Molter recommended
Ord. not be passed on grounds that it might be subject to legal
challenge, and to wait to hear all the ramifications. The Ord. as
amended was adopted 6-1 with Tomczyk casting only dissenting vote.
LICENSE APPROVAL - Penovich moved for approval of Operator's
Licenses for Roselee Crnkovich, Joanne Sippel, Judith Davidson and
Steve Frame. Dumke seconded, carried.
Penovich moved for approval of Class B Fermented Malt Beverage and
Intoxicating Liquor License for Pizza Burger Systems, Inc. Nilsson
seconded. DeAngelis requested permission to abstain, permission
granted. Motion carried 6-1 with DeAngelis abstaining.
VOUCHER APPROVAL - Penovich moved for approval of payment of
General Vouchers in the amount of $394,750.44. Colburn seconded,
carried unanimously.
Nilsson moved for approval of payment of Sewer Utility Vouchers in
the amount of $22,686.95. Gaetzke seconded, carried unanimously.
CITY OFFICIAL'S REPORTS - The Building Report for October, 1983 was
read indicating 6 Dwelling Units for total construction of
$406,385.00.
Mayor announced 12/8/83 Committee of the Whole meeting at 7:OO P.M.
to discuss MMSD boundaries with representative of MMSD and Capital
Cost Recovery-Sewer Utility.
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ADJOURNMENT - Tomczyk moved to adjourn at 10:33 P.M. Seconded by
Nilsson, carried unanimously.
Respectfully submitted,
Charlotte L. Stewart
City Clerk