ccm19831213COMMON COUNCIL
CITY OF MUSKEG0
MINUTES OF MEETING HELD DECEMBER 13, 1983
were Aldermen, Penovich, Colburn, DeAngelis, Dumke, Gaetzke,
Called to order by Chairman Salentine at 7:46 P.M. Also present
Nilsson and Tomczyk, City Clerk Stewart and City Attorney Molter.
Penovich moved, Tomczyk seconded, to approve minutes of meetings
held 11/17/83 and 11/22/83. Carried.
Notice of Closed Session was read. Penovich moved at 7:48 PM
Section 19.85(1)(c) of the State Statutes to discuss union
that the Common Council convene into closed session pursuant to
Mayor advised Council would reconvene into open session after the
contract negotiations. Gaetzke seconded, carried unanimously.
closed session.
The Council reconvened into open session at 9:lO P.M.
COMMITTEE REPORTS
e Penovich presented Finance Committee minutes of meetings held
12/7/83 and 12/13/83 and moved same be accepted. Tomczyk
seconded, carried.
Tomczyk presented Public Safety Committee minutes of meeting held
12/1/83 and moved same be accepted. Gaetzke seconded, carried.
Dumke presented Public Works Committee minutes of meeting held
12/1/83 and moved same be accepted. DeAngelis seconded, carried.
meeting held 12/12/83 and moved same be accepted. Tomczyk
Gaetzke presented Rules, Laws and Ordinance Committee minutes of
a member of the Police and Fire Commission to the Capital Budget
seconded. Atty. Molter will research the legality of appointing
Committee. Motion carried.
The Plan Commission minutes of meeting held 12/6/83 were received
and placed on file.
COMMUNICATIONS FROM MAYOR'S OFFICE
Mayor announced resignation of Ald. Colburn as Council represen-
tative to the Plan Commission. Election by paper ballot of new
representative followed. Nilsson, Penovich and Gaetzke were
nominated. Nilsson was elected on the first ballot, with results
recorded as 5-Nilsson, 1-Penovich and 1-Gaetzke.
The Mayor's Veto message of Ordinance #476 (As Amended) was
read. No motions were made, and the Ordinance was vetoed.
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UNFINISHED BUSINESS
Ord.#476(As Amended) - An Ordinance to Amend Chapter 3.10 of the
Municipal Code (Sewer Connection Fees). Dumke moved for recon-
sideration to determine legality. Seconded by Penovich, carried
unanimously. Dumke proposed $1,000 connection fee for new homes
and $500 or $750 for existing homes. Atty. Molter recommended
at the 12/8/83 Committee of the Whole meeting, since it was his
that the Reserve Capacity Assessment method be used as explained
opinion that a difference in sewer connection fees was not
possibble. The ordinance prior to being amended to require a
$2,000 fee for new homes, called for a $750 connection fee, which
could be an interim solution. DeAngelis stated he now felt the
proposed $750 fee would not be proper for existing situations
users. DeAngelis moved to Table Ord.#476(As Amended). Nilsson
like Kurtze Ln. and Bass Bay without back-charging all existing
seconded. Carried 6-1, with Dumke casting only "no" vote.
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Common Council
1211 3/83
Page TWO
NEW BUSINESS
Reso.t313-83 - Authorizing Cancellation of Certain Uncollectible
Accounts Payable (Rescue) ($649.00-Title 19 - $1,638.75-0ther). Penovich moved for adoption. Nilsson seconded, carried
unanimously.
Reso.ft314-83 - Approval of Contract for Rescue Service for 1984.
($85.00 within Waukesha County - $100.00 outside county).
Nilsson moved for adoption. Colburn seconded, carried
unanimously.
Reso.#315-83 - Approval of Fire Protection Contract with Tess
Corners Volunteer Fire Department for the Year 1984. ($82,368)
Nilsson moved for adoption. Colburn seconded, carried
unanimously.
Reso.t316-83 - Approval of Fire Protection Contract with Muskego
Fire Company for the Year 1984 ($57,798). Nilsson moved for
adoption. Colburn seconded, carried unanimously.
Reso.A317-83 - Authorizing the Acceptance of Bid (Glenbrook
Drainage Project) (Reesman's - A1t.A $61 ,292.10 or A1t.B
$78,273.55). Penovich moved for adoption. DeAngelis seconded,
carried unanimously.
Reso.#318-83 - Authorizing the Expenditure of TIF Funds (TID 1,
2, 3, 7) ($34,240). Penovich moved for adoption. Dumke
seconded, carried unanimously.
Reso.#319-83 - Authorizing the Filing of the Vacant Cadet
Position at the Police Department. Nilsson moved for adoption.
Colburn seconded. Penovich noted Finance Committee recommended
hiring of cadet with understanding that he/she might be laid off
pending results of Pederson arbitration. Carried unanimously.
Reso.#320-83 - Transfer of Funds. Dumke moved for adoption.
Colburn seconded. Penovich moved, Nilsson seconded, to amend
resolution to delete the transfers from Contingency to Account
52000-1110 Police - OT(officers) - $1,935 and Account 52000-3711
Police - Recruitment - $1,025. Carried unanimously. Resolution
#320-83 (As Amended) adopted unanimously.
Machine Between City of Muskego and Pitney Bowes, Inc.($186.00).
Reso.#321-83 - Authorizing a Service Agreement for Postage Meter
Colburn moved for adoption. Penovich seconded, carried
unanimously.
Reso.8322-83 - Authorizing a Maintenance Contract for Radio
Equipment Between City of Muskego and Radio Communications Co.,
Inc.($432.00/mo.) Colburn moved for adoption. Penovich
seconded, carried unanimously.
Reso.#323-83 - Authorizing Agreement Between the Federated
Library System Board and Participating Libraries. Nilsson moved
for adoption. Colburn seconded, carried unanimously.
At this time, Ald. Colburn was excused from the meeting.
Reso.1324-83 - Authorizing Acceptance of Counter Offer (Pellmann-
Bass Bay Sewer Project). DeAngelis moved for adoption. Penovich
seconded. It was noted the Pellmann's would like to sell three
lots on the cul de sac off of Kurtze Lane and still defer the
assessment on the large Kurtze Ln. parcel. The Council stated
on Kurtze Lane proper and one on the property which is an
its intent to have two separate assessments on Kurtze Lane - one
assessments on Kurtze Lane);in addition to the Woods Rd.
extension of the Hernke cul de sac (both road and sewer
assessment. Motion carried with Tomczyk casting only "no" vote.
Common Council
1211 3/83 Page Three
I. NEW BUSINESS (cont ' d) - Ord.#477 - An Ordinance to Amend Chapter 17, Section
8.01(7)A.3.b. of the Municipal Code (Livestock in an RCE
District). First Reading by title only.
Municipal Code (Dogs). First reading by title only. Nilsson
Ord.#478 - An Ordinance to Amend Chapter 13, Section 13.01 of the
moved to suspend rules to allow second reading. Seconded by
Dumke, carried unanimously. Clerk gave second reading. Nilsson
moved for adoption. Gaetzke seconded, carried unanimously.
LICENSE APPROVAL - Penovich moved for approval of Operator's
Licenses for Patricia Tarjani, Robin Makowski, Charles Schweitzer
and Warren Weink. Nilsson seconded, carried unanimously.
Penovich moved to defer request for Operator's License for Bryan
Berg. Dumke seconded, carried unanimously.
Penovich moved for approval of Class B Fermented Malt Beverage
and Intoxicating Liquor licenses for Patricia May Whalen
(Davidson's Restaurant in Parkland Mall) and Paul Schaumberg
(Tess Corners Kitchen). Nilsson seconded. Carried unanimously.
VOUCHER APPROVAL - Penovich moved for approval of payment of
General Vouchers in the amount of $1,957,303.68. Nilsson
seconded. Carried unanimously.
Nilsson moved for approval of payment of Sewer Utility vouchers
in the amount of $29,766.64. Gaetzke seconded. Carried
unanimously.
CITY OFFICIAL'S REPORTS - Atty. Molter reported the Wisconsin
Court of Appeals upheld the Trial Court's decision in favor of
the City in the Herdemann case.
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ADJOURNMENT - Tomczyk moved to adjourn at 10:50 P.M. Nilsson
seconded, carried.
Respectfully submitted,
Charlotte L. Stewart
City Clerk