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ccm19870512COMMON COUNCIL CITY OF MUSKEG0 MINUTES OF MEETING HELD MAY 12, 1987 were Aldermen DeAngelis, Dumke, Hilt, Patterson, Penovich, Called to order by Chairman Salentine at 8:15 P.M. Also present Sanders and Taube, City Clerk Stewart and City Atty. Molter. Dumke moved, Patterson seconded, to approve minutes of meeting held 4/28/87. Carried. COMMUNICATIONS FROM MAYOR'S OFFICE Proclamation - National Police Week Proclamation - VFW Annual Buddy Poppies Sale Proclamation - American Legion Poppy Month, presented to Esther Johnson. COMMITTEE REPORTS Penovich presented minutes of Finance Committee meetings held 5/6/87 and 5/12/87 and moved for acceptance. Dumke seconded, carried. Hilt presented minutes of Rules, Laws and Ordinance Committee meeting held 5/4/87 and moved for acceptance. DeAngelis seconded, carried. Sanders presented minutes of Pub1 5/7/87 and moved for acceptance. Plan Commission minutes of 5/5/87 file. UNFINISHED BUSINESS .ic Safety Committee meeting held Taube seconded, carried. were received and placed on Further review of paragraph 3 of minutes of Public Water Committee meeting held 4/23/87. Hilt moved for approval of paragraph 3. Penovich seconded, carried. Hilt moved to allow the Golden Country Estates Subdivision to be developed with individual wells. Taube seconded, carried 7-0. Ord.#569 - An Ordinance to Amend the Zoning Map of the City of Muskego (Masterson - RS-3(0LR) to B-2/RS-3). Second Reading. Patterson advised a formal protest had been submitted to the Clerk and according to $66.23 7)(d)2. if 20% of land owners in area object there must be a 3 I 4 favorable vote to adopt zoning amendment. Atty. Molter advised the petition must be reviewed by defer to allow time to review Park Board proposal. DeAngelis the Clerk, Zoning Department and himself. Patterson moved to seconded. Motion defeated 4-3 with Dumke, Hilt, Penovich and Sanders voting "no" and DeAngelis, Patterson and Taube voting e - Common Council Minutes 5/12/87 - Page Two "yes". Council granted permission for debate of locating a park on the DandiLion Park property with one pro and one con opinion Board, presented a proposed plan requesting Council to implement limited to 10 minutes. Robert Rasmussen, President of Park the comprehensive plan and acquire DandiLion Park property with 10-15 acres for park purposes, and submitted a petition with over 300 signatures in support of a park. Victor Lemke spoke in opposition, stating that this property is too valuable for a park, development is necessary to increase the tax base, the City does not need another park and current parks are not maintained. Aldermen voiced their opinions, with Patterson and Taube in favor of a park and Sanders, Dumke, Penovich, Hilt and DeAngelis opposed. Mayor advised that if protest petition Patterson moved to defer until attorney opinion received on determined to be valid, 314 vote required for adoption. validity of petition. Taube seconded. Motion defeated 5-2 with Dumke, DeAngelis, Hilt, Penovich and Sanders voting 'hot' and Patterson and Taube voting ''yes''. Vote on motion to adopt Ord 569 was 5-2 with Dumke, DeAngelis, Hilt, Penovich and Sanders voting ''yes'' and Patterson and Taube voting ''no'' . If protest petition valid, Ordinance not adopted; if not valid, Ordinance adopted. Ord.#570 - An Ordinance to Amend Chapter 11, Section 11.03(2) of the Municipal Code (Landfills). Second Reading. DeAngelis moved for adoption. Patterson seconded. DeAngelis moved to amend to add in Section 1 after "$10,000 to be used as stated above", "but never less than Five Thousand $5,000 Dollars". Hilt seconded, carried. Ord. #570 As Amended adopted 7-0. Ord.#571 - An Ordinance to Amend Chapter 9, Section 9.29(3)A of DeAngelis moved for adoption. Hilt seconded, carried 7-0. the Municipal Code (Off-the-Road Vehicles). Second reading. Ord.#572 - An Ordinance to Amend Chapter 24, Section 24.01, 24.02 and 24.03 of the Municipal Code (Snowmobiles and All-Terrain Vehicles). Second reading. Patterson moved for adoption. DeAngelis seconded, carried 7-0. Ord.//573 -An Ordinance to Amend Chapter 17, Section 1 /:6.04(4) (G) (2) and (3) of the City of Muskego Municipal Code (Parking of Trucks and Trailers). Second reading. DeAngelis moved for adoption. Taube seconded. DeAngelis moved to amend Section 1, 2.b. to delete "with no more than 4 rubber road tires". Hilt seconded, carried 7-0. Penovich moved to amend Section 2, 3. to increase trailer length to 40 ft. Hilt seconded. Motion defeated 6-1 with Penovich voting ''yes''. Ord. #573 As Amended Adopted 7-0. a -. Common Council Minutes 5/12/87 - Page Three Ord.8574 - An Ordinance to Amend Chapter 7.06 of the Municipal Code of the City of Muskego (Weight Limitations). Second reading. DeAngelis moved for adoption. Hilt seconded, carried 7-0. NEW BUSINESS Reso.#85-87 - Recognition of 25 Years of Service - Gerald P. Lee - Building Inspector. Taube moved for adoption. DeAngelis seconded, carried 7-0. Presented to G. P. Lee. Reso.1/86-87 - Resolution as to Park Land Requirements for DandiLion Park Property. DeAngelis moved for adoption. Sanders defeated 5-2, with Dumke, DeAngelis, Hilt, Penovich and Sanders seconded. Taube moved to defer. Patterson seconded. Motion voting ''no'' and Patterson and Taube voting "yes". Motion to adopt Reso. 1/86-87 carried 6-1 with Taube voting "no". Reso.1/87-87 - Resolution In Support of HUD 202 Housing in the City of Muskego. Patterson moved for adoption. Hilt seconded, carried 7-0. Reso.1/88-87 - Resolution Expressing Intent to Rezone Property from RSM to RSM (OPD) to Allow HUD 202 Housing. Hilt moved for adoption. Penovich seconded. Jim Gersich, architect for Lutheran Social Services presented preliminary design and a HUD allows for a "PILOT" agreement which is "payment in lieu of slides for proposed HUD 202 housing. Harold Rosenthal advised taxes". Although discrimination is not allowed, Mr. Gersich stated that "to the greatest extent allowed under the law", Muskego residents' applications would be processed for the housing can be submitted now. Motion carried 7-0. housing. Mr. Rosenthal advised applications of intent for Reso.//89-87 - Approval of Amendment to Offer to Purchase (McClure-Ind. Park Addn. No. 1). Dumke moved for adoption. Penovich seconded, carried 7-0. Reso.W90-87 - Establishing Traffic Regulations. Taube moved for adoption. Sanders seconded, carried 7-0. 0 Reso.1/91-87, 1/92-87 and #93-87 - Penovich moved for adoption. Sanders seconded. Penovich moved to amend 1/91-87 to add to lT2: "...and that Outlot 1 shall be eliminated and that property shall become a part of Lot 3", and to add to lT4: "...and the map shall be revised to eliminate Outlot 1 and include that property as part of Lot 3". Hilt seconded, carried. Reso. 1/91-87 As Amended adopted 7-0. Reso. 1/92-87 adopted 7-0. Reso. 1/93-87 Adopted 7-0. Common Council Minutes 5/12/87 - Page 4 Reso.#94-87 - A Resolution in Opposition to Assembly Bill 326 Relating to Collection of Utility Bills. Patterson moved for ado tion. DeAngelis seconded, carried 6-1 with Taube voting "no . Reso.#95-87 - Approval of Deposit and Forfeiture Schedule. DeAngelis moved for adoption. Patterson seconded, carried 7-0. Reso.#96-87 - Accepting Community Newspapers as the Official Newspaper for the City of Muskego (Muskego Sun). Hilt moved for adoption. Penovich seconded, carried 7-0. Reso.#97-87 - Approval of Contract Between HAWS and City of Muskego. Dumke moved for adoption. Penovich seconded, carried P, 7-0. Reso.#98-87 - Authorize Expenditure of Funds - Promotion of Industrial Park Expansion. Hilt moved for adoption. Penovich seconded. Patterson moved to amend to add "Be it further with Mayor". Taube seconded, carried. Reso. #98-87 As Amended resolved that the City's broker shall obtain quotes for review adopted 7-0. Reso.#99-87 - Authorize Expenditure of Park Dedication Funds (Mill Valley). Patterson moved for adoption. Hilt seconded, carried 7-0. Reso.#100-87 - Resolution to Consider Offer to Purchase City Owned~ Property-Woodland Place. Penovich moved for adoption. Dumke seconded. Penovich moved to amend 5th paragraph to read: offer for $14,500, and the City authorizes the City's broker to "Be it further resolved that the City shall submit a counter upon acceptance of the $14,500 counter offer. Dumke seconded, return the $500 earnest money submitted with the Runge's offer carried. Reso. #loo-87 As Amended adopted 7-0. LICENSE APPROVAL - Penovich moved for approval of Operator's Licenses for Tani Schaeffer, Joanna Kurer, Kari Sievert, Sally Lamb, Nancy Harris, Nancy Szymanski and Matthew Ratsch. Hilt seconded, carried. Penovich moved for approval of Change of Agent for Kimberly Conroy (Pizza Hut). Dumke seconded, carried. VOUCHER APPROVAL - Penovich moved for approval of General Vouchers in amount of $531,242.30. Dumke seconded, carried 7-0. Penovich moved for approval of payment of Sewer Utility vouchers in amount of $61,593.30. Sanders seconded, carried 7-0. a Common Council Minutes 5/12/87 - Page 5 CITY OFFICIAL'S REPORTS - City Atty. reported the MuskeeolStrehlow/Milam case was dismissed on technical grounds; EPA his'named City as potentially responsible party with 24 others regarding the former Muskego Landfill and a closed session to be held at next Council. ADJOURNMENT - Hilt moved to adjourn at 11:58 P.M. Patterson seconded, carried. Respectfully sub -i27Lm&H Charlotte L. Stewart City Clerk jm #MEn/r3EO VOUCHER TOTALI COMMON COUNCIL XZETING DATE - 13 $7 ;-/’. / ” VOUCHER TOTALS GENERAL FUND : BOARD CHECKS (REGULAR) y/J63./ ” 9 HAND CHECKS //cz A//. OB END OF MONTH ”” TOTAL /f*34f&=4 7 SEWER UTILITY: BOARD CHECKS (REGUALR) /(, 7/f# 9 6 HAND CHECKS END OF MONTH - ”