ccm19870728COMMON COUNCIL
CITY OF MUSKEG0
MINUTES OF MEETING HELD JULY 28, 1987
Called to order by Chairman Salentine at 7:43 P.M. Also present
were Aldermen DeAngelis, Dumke, Hilt, Patterson, Penovich,
Sanders and Taube, City Clerk Stewart and City Atty. Molter.
Penovich moved, Dumke seconded, to approve minutes of meeting
held 7/14/87. Carried.
PERSONAL APPEARANCES
Henry Wolf presented the family of Ronald Allan Ross with a
certificate from the VFW in recognition of his life given in the
Vietnam conflict, with a few comments made by Mayor Salentine and
James Budish.
Police Chief Johnson introduced Dolice officer David C.
Hendrickson to the Council, and the Clerk gave the Oath of
Office.
A Proclamation on "National Night Out" (August 11, 1987 8:OO-9:00
P.M., citizens to turn on outside lights to support crime
prevention) was presented to Detective Sergeant Budish.
Merton Bowyer, a commissioner of the Waukesha County Housing
Authority, reviewed the Section 8 Rental Assistance Program
available to County residents.
Mayor read the Notice of Closed Session which will follow
Miscellaneous Business.
COMMITTEE REPORTS
held 7/22 and 7/28/87 and moved for acceptance. Hilt seconded,
Penovich presented the minutes of the Finance Committee meetings
carried.
Sanders presented the minutes of the Public Sewer Committee
meeting held 7/16/87 and moved for acceptance. Dumke seconded,
carried.
Sanders presented the minutes of the Public Works Committee
meeting held 7/23/87 and moved for acceptance. Dumke seconded,
carried.
The minutes of the Plan Commission meeting held 7/21/87 were
received and placed on file.
Common Council Minutes
7/28/87 - Page 2
UNFINISHED BUSINESS
Ord.ff580 - An Ordinance to Amend the Zoning Map of the City of
Muskego (A.Schmidt - R-1 to RS-1) Second Reading. Penovich
moved for adoption. Sanders seconded, carried 7-0.
NEW BUSINESS
Reso.#150-87 - Approval of Preliminary Plat - A.Schmidt.
Penovich moved for adoption. Taube seconded. Penovich moved to
amend to add to 115: "...and publication of Ordinance 580 as
required by law to rezone this property from R-1 to RS-1". Hilt
seconded, carried. Reso.#150-87 As Amended adopted 7-0.
Reso.1151-87 - Approving the City's Offer to Purchase Parcel of
Land for BellviewfBay Lane Sewer Project (G.Pellmann). DeAngelis
moved for adoption. Patterson seconded. Penovich moved to amend
title to change "parcel of land" to "an easement", delete "and
hereby waives any contingency as to approval in the Offer to
sellers" in line 132 of the Offer. Taube seconded. City Atty.
Purchase, and approves of the same", and change "they" to "the
questioned the policy of purchasing without an appraisal and
agreeing to waving a future front foot assessment and Taube
voiced same concerns. It was noted that the proposed sewer main
is not intended as a sevice line, but to extend the sewer for
future development. Motion to amend carried 7-0. Reso. 8151-87
As Amended adopted 7-0.
Reso.Wl52-87 - Directing the City Attorney to Draft an Agreement
Between the City of Muskego and the Kristin Down Water Trust and
the Engineers to Report on the Value of the System. Hilt moved
for adoption. Patterson seconded, carried 7-0.
Reso.#153-87 - Approval of Final Plat and Subdividers Agreement -
Lake Brittany Estates Addn No. 1. Penovich moved for adoption.
Hilt seconded. Penovich moved to amend the 114 to add "or the
Lake Brittany Estates Home Owners Association, Inc.". Patterson
seconded, carried. Atty. Molter advised it is not a good policy
to approve documents with so many contingencies, and that final
documents should be presented for approval. DeAngelis moved to
seconded. Mayor noted improved internal follow-up procedures
defer to obtain proper developer's agreement. Patterson
must be instituted. Mortimore stated a deferral would create a
hardship. Motion to defer defeated 4-3 with Hilt, Patterson,
Penovich and Sanders voting "no" and Dumke. DeAneelis and Taube
8Ytb% C!ffy Englneer . Tauge seconded, carried. Reso #153-87 As Amended adopted 6-1 with DeAngelis voting "no".
I, " PatteGson mo ed to amend 117. to adz "and approval
Common Council Minutes
7/28/87 - Page 3
Reso.#154-87 - Approval to Renew Extractive and Portable Asphalt
Plant Permit - State Sand & GravelIPayne and Dolan. Patterson
moved for adoption. Penovich seconded, carried 7-0.
Reso.iI155-87 - Approval of Certified Survey Map (McAdams,
Inc.). Penovich moved for adoption. Hilt seconded. Since a
previous certified survey map to create the parcel from which
moved to defer. DeAngelis seconded, carried 4-3 with Dumke,
this parcel is being divided had not yet been signed, Patterson
Hilt, Patterson and Taube voting "yes" and DeAngelis, Penovich
and Sanders voting "no".
Reso.1156-87 - Approval of Certified Survey Map (L.Wanasek-Town
of Norway. Penovich moved for adoption. DeAngelis seconded,
carried 7-0.
Reso.#157-87 - Approval of Certified Survey Map (D.Rubenzer -
Town of Norway). Penovich moved for adoption. Patterson
seconded, carried 7-0.
Reso.Fl58-87 - Approval of Certified Survey Map (D.Rubenzer -
Town of Norway). Penovich moved for adoption. DeAngelis
seconded, carried 7-0.
Reso.#159-87 - Approval of Certified Survey MapIDeed Restrictions
Hilt seconded. Waiving payment of park dedication fees was
(City-owned Lots/Fairfield Dr.). Penovich moved for adoption.
discussed. Patterson moved to amend to require payment of park
dedication fees. DeAngelis seconded, motion defeated 4-3 with
Dumke, Hilt, Penovich and Sanders voting "no" and DeAngelis, Patterson and Taube voting "yes". Mayor suggested City negotiate
with Lake Lore Water Trust to allow connection of these lots to
their water trust. Reso. #159-87 adopted 7-0.
Reso.#160-87 - Approval of Preliminary Plat - Woodcrest
Heights. Penovich moved for adoption. Hilt seconded. Taube
expressed concern about building in stages. DeAngelis expressed
Park. Taube moved to amend (1 to change "dated 6/1/87" to "with
concern about obtaining land for holding pond for Industrial
revision date of 6/26/87"; and amend 115 to add: "and that Outlot
1 shall be dedicated for City Purposes; approval of the Final
Plat shall be subject to payment of park dedication fees; and,
the property shall be rezoned to RS-3 OPD prior to the approval
moved to amend to add: "Be it further resolved that this approval
of the Final Plat". Patterson seconded, carried 7-0. Taube
p sub'ect to the 60' storm drainage easement being obtain2."
that he hoped the City would not regret allowing residential atterdon seconded, carried. Taube requested the record show
development to occur between the Industrial Park and the High
School due to the large amount of money spent for a Water Tower
Common Council Minutes
7/28/87 - Page 4
Reso. F160-87 (cont 'd) for the expansion of the Industrial Park. Mayor noted this
roperty is currently zoned Residential. Reso. #160-87 As
gmended adopted 7-0.
~~ ~ ~
Reso. ill 61 -87 - Amendment to Final Resolution #176-86 Authorizing
Installation of Water Improvements and Levying Special
Assessments Against Benefitted Property (Water Main Assessment
Area MW-1-86 and MW-2-86). Hilt moved for adoption. Sanders
seconded, carried 7-0.
Reso.il162-87 - Directing the City Engineers to Prepare Plans and
Specs for the Valley View Sewer Project. Sanders moved for
adoption. Dumke seconded. Taube felt property should be served
must be established as to how the City should participate in the by gravity sewer through Schaefer property. Mayor stated policy
cost of oversizing. Hilt called for the question. Dumke seconded, carried 5-2 with DeAngelis and Taube voting "no".
Reso. #162-87 adopted 5-2 with DeAngelis and Taube voting "no".
Reso.Fl63-87 - Re-approval of Certified Survey Map and Approval
Hilt seconded. Patterson moved to amend to add to 715: "and
of Subdividers Agreement-Zach. Penovich moved for adoption.
Reso.tl63-87 As Amended adopted 6-0 with Taube abstaining.
approval of the City Engineer." Dumke seconded, carried.
Reso.il164-87 - Authorize Expenditure of Funds for Resurfacing of
Lannon Drive. Dumke moved for adoption. Sanders seconded,
carried 7-0.
Reso.#165-87 - Removed from agenda.
LICENSE APPROVAL - Penovich moved for approval of Operator's
Licenses for Rosemary Swisher, Barb Wenzel, James Aller and
Steven L. Prunuske. Hilt seconded, carried.
VOUCHER APPROVAL - Penovich moved for approval of payment of
General Vouchers in amount of $356,923.57. Dumke seconded,
carried 7-0.
Sanders moved for approval of payment of Sewer Utility vouchers
in amount of $35,435.17. Hilt seconded, carried 7-0.
CITY OFFICIAL'S REPORTS - Atty. Molter advised a claim has been
Tiled against the City by Yaeger, accompanied by a lawsuit not yet filed, based on actions of the Plan Commission and Board of
Appeals regarding truck parking.
Common Council Minutes
7/28/87 - Page 5
CLOSED SESSION - DeAngelis moved to convene in Closed Session
purusant to §19.85(l)(e), Deliberating or negotiating the
purchasing of public properties, the investing of public funds,
or conducting other specified public business; whenever
competitive or bargaining reasons require a closed session;
specifically concerning the siting of Emerald Park Landfill and
bargaining and negotiating with Emerald Park, Inc. concerning
said siting which involves the use of public funds and the
development of negotiating and bargaining strategy, and
19.85(1)(g) Conferring with legal counsel for the government body
who is rendering oral or written advice concerning strategy to be
adopted by the body with respect to litigation which it is or is
likely to become involved; specifically concerning the siting of
the Emerald Park landfill concerning the congested case hearing
and other likely litigation. Penovich seconded, carried 7-0.
The Council will then reconvene into open session for the purpose
of adjournment.
ADJOURNMENT - Hilt moved to adjourn at 11:40 P.M. Patterson
seconded, carried.
Respectfully submitted,
Charlotte L. Stewart
City Clerk
0
VOUCYER TOTALS
COMMON COUNCIL KEETING DATE fh8/8 7
HXLUD CHECKS 9g 745.97
€.XI OF HomH -
TOTAL 356,9 a 3.57
TOTAL