ccm19890425COMMON COUNClL
CITY OF MUSKEG0
MINUTES OF MEET ING HELD APRlL 25, 1989
Called to order by Chairman Salentine at 7:55 p.m. Also present
were Aldermen Dumke, Hilt, Patterson, D. Sanders, H. Sanders,
Simmons and Taube, City Attorney Molter and City Clerk Marenda.
Dumke moved for approval of minutes of meetings held April 11 and
April 18, 1989. H. Sanders seconded, carried.
The Notice of Closed Session to be held after Miscellaneous
Business was read by Mayor Salentine.
Proclamation was read announcing National Dance Week, April 23-
30, 1989, acknowledging local City of Muskego dance groups.
Mayor Salentine presented the proclamation to representatives of
one of the groups.
Proclamation.was read announcing the month of May as American
Legion Poppy Month.
COMMiTTEE REPORTS
H. Sanders presented minutes of Finance committee meeting of
April 19, 1989 and moved for acceptance. Hilt seconded, carried.
Hilt presented minutes of Finance Committee meeting of April 25,
1989 and moved for acceptance. Dumke seconded, carried.
H. Sanders presented minutes of Public Safety Committee meeting
of April 13, 1989 and moved for acceptance. Taube seconded.
Simmons requested individual consideration of paragraph
pertaining to placement of street lights at entrances to
subdivisions. Motion to adopt minutes without said paragraph
Hilt seconded, carried 6-0 with Taube abstaining.
carried. Simmons moved to refer paragraph to Safety Committee.
Taube presented minutes of Public Welfare Committee meeting of
April 13, 1989 and moved for acceptance. Patterson seconded,
carried.
D. Sanders presented minutes of Public Utilities Committee
meeting of April 20, 1989 and moved for acceptance. Simmons
seconded, carried.
Plan Commission minutes of April 18, 1989 were received and
placed on file.
UNFINISHED BUSINESS
Reso #63-89, as amended. Approval of Certified Survey Map
(Narlock) On floor, deferred 4/11/89. Simmons moved to amend to
delete reference to deed restrictions. H. Sanders seconded,
carried 7-0. Resolution #63-89, as amended, adopted 7-0.
Common Council Agenda April 25, 1989 - Page 2
Reso.868-89 - Resolution Amending Assessment Policy for
Construction of Water Mains. On floor, deferred 3/28/89. H.
Sanders moved to defer. Simmons seconded, carried.
Ord. /I640 - An Ordinance to Repeal and Recreate Sections 9.001(1)
Tobacco Products) Second reading. On floor, deferred 4/11/89.
& 9.35 of the Municipal Code of the City of Muskego (Cigarette &
Some opposition was noted because of taking away a right of an
existing establishment to have a cigarette vending machine within
regarding enforcement. Motion carried 4-3, with H. Sanders,
500 ft. of a school. A letter from Chief Johnson was read
Patterson, D. Sanders and Simmons voting "yes", and Dumke, Hilt
and Taube voting "no".
Reso.#81-89 - Amendment to Deposit and Forfeiture Schedule
(Cizarette & Tobacco Products) On floor, deferred 4/11/89.
Clerk requested to research acceptable identification to check
age. Motion to adopt carried 7-0.
Ord.fI642 - An Ordinance to Amend the Zoning Map of the City of
Muskego (Bushberger - (RS-2 to RSM) Second reading. Hilt moved
for adoption. Simmons seconded. Hilt noted Plan Commission is
recommending denial and would petition on its own motion to
rezone this property to RS-3. He added that the petitioner is
receptive to the RS-3 zoning for single family development.
Molter noted that in order to approve this ordinance it would
take a 3/4 vote, since a valid protest petition has been
received. Taube expressed concerns about the sewer capacity and
overall plan for this area. Patterson called for the question.
Ordinance (I642 defeated 7-0.
Ord.8643 - An Ordinance to Amend Chapter 20, Section 20.10 of the
Municipal Code (Waterway Markers) Second reading. Hilt moved
for adoption. H. Sanders seconded, carried 7-0.
Ord.#644 - An Ordinance to Amend the Zoning Map of the City of
Muskego (Lake Brittany Estates Add. #1 - Mortimore) Second
public hearing, this matter was now being reconsidered per the
reading. It was noted that due to an error in the timing of the
recommendation of the DNR. Dumke moved for adoption. Hilt
seconded, carried 7-0.
Ord.fI645 - An Ordinance to Create Sections 12.03(2)(e) and
and Transient Merchants in the City of Muskego. Second
12.03(19) of the Municipal Code, Regulating Peddlers, Canvassers
reading. Hilt moved for adoption. Dumke seconded. Molter noted
local groups are exempt under the present ordinance. Hilt moved
to amend (e) Sales Event to change "an enclosed area" to read "a
specific area". Taube seconded, carried. Ordinance tI645, as
amended, adopted 7-0.
Municipal Code of the City of Muskego (Restricting Overnight
Ord.8646 - An Ordinance to Create Section 7.05(2) of the
Parking on City Streets in the City of Muskego) Second
reading. Hilt moved for adoption. Simmons seconded. Hilt moved
to defer to refer to Safety Committee. Taube seconded, Carried.
Common Council Minutes
April 25, 1989 - Page 3
NEW BUSINESS
Reso.192-89 - Appointment of Alderman to Parks ti Recreation
Board. Simmons moved for adoption. Patterson seconded, carried
7-0.
Reso.W93-89 - Appointment of Alderman to Library Board. Simmons
moved for adoption. Patterson seconded, carried 7-0.
Reso.#94-89 -Appointment of Citizen Members to Plan Commission.
Hilt moved for adoption. Simmons seconded, carried 7-0.
Reso.W95-89 - Appointment of Citizen Members to Board of
Appeals. Hilt moved for adoption. D. Sanders seconded, carried
7-0.
Reso.#96-89 - Appointment of Citizen Members to Parks h
Recreation Board. Taube moved for adoption. Simmons seconded,
carried 7-0.
Reso.897-89 - Appointment of Citizen Members to Board of
Review. Patterson moved for adoption. Dumke seconded, carried
7-0.
Reso.A98-89 - Appointment of Citizen Member to Police and Fire
Commission. Simmons moved for adoption. Patterson seconded,
carried 7-0.
Reso.t99-89 - Appointment of Local Negotiating Committee
Expansion/Extension of Waste Management Landfill Site in
Muskego. H. Sanders moved for adoption. Taube seconded, carried
7-0.
Reso.#100-89 - Authorizing Approval of Cancellation Agreement
Dumke seconded, carried 7-0.
(DeLuca Hartman Construction Co.) Hilt moved for adoption.
Reso.#101-89 - Resolution Authorizing the Issuance and Awarding
the Sal'e of $775,000 General Obligation Promissory Notes; and
Levying Tax in Connection Therewith. Hilt moved for adoption.
Dumke s'econded. Financial consultant Seegar Swanson recommended
the sale to First Bank National Association of Minneapolis, MY
with a net interest rate 6.9876%. Motion carried 7-0.
Reso.#102-89 - Establishing Traffic Regulations. Taube moved for
adoption. Patterson seconded, carried 7-0.
Reso.#1!03-89 - Approval of Certified Survey Map (Campbell - Town
of Norway) Hilt moved for adoption. Simmons seconded, carried
7-0.
Norway) Hilt moved for adoption. Dumke seconded, carried 6-1
Reso.#1'04-89 - Approval of Certified Survey Map (Fries - Town of
with Taube casting the only "no" vote.
Common Council Minutes April 25, 1989 - Page 4
Reso.#105-89 - Approval of Certified Survey Map (Jacobson - Town
of Norway) Hilt moved for adoption. H. Sanders seconded,
carried 6-1 with Taube casting the only "no" vote.
West Water Project) H. Sanders moved for adoption. D. Sanders
Reso.#106-89 - Resolution of Necessity (Woods Road/Lannon Drive
seconded, carried 7-0.
Reso.1107-89 - Approval of Practice/Show Dates of Water Bugs Ski
Club on Little Muskego Lake. Taube moved for adoption. Hilt
seconded, carried 7-0.
Reso.#108-89 - Granting Placement of Water Ski Jump on Bed of
Little Muskego Lake and Placement of Pier at idle Isle (Water
Bugs Ski Club) Hilt moved for adoption. Taube seconded, carried
7-0.
Reso.#109-89 - Approval of Offer to Purchase (Richard Properties,
Sanders seconded. Taube suggested looking for another broker
Inc. - Industrial Park Addn. #l) Dumke moved for adoption. H.
since sales have been slow in the Industrial Park. Motion
carried 7-0.
Reso.#ll0-89 - Authorize Expenditure of Funds (Historical
Society) Hilt moved for adoption. H. Sanders seconded, carried
7-0.
Reso.#lll-89 - Authorize Expenditure of Funds (Meter Reading
Simmons moved to defer to refer to Utility Committee for further Equipment) H. Sanders moved for adoption. Simmons seconded.
be present. Taube seconded, carried.
review of training costs with request that sales representative
Reso.Bl12-89 - Approval of Lease (Idle isle Park Pavilion).
Removed from agenda.
Reso.Bl13-89 - Resolution As to Assessment of Carl Gratzek
Property (Valley/Ann Drive Water Project - Assessment District MW-7-89) H. Sanders moved for adoption. Dumke seconded, carried
7-0.
Reso.ff114-89 - Resolution Authorizing Metro Landfill Monitoring
Committee Agreement By and Among Racine and Waukesha Counties, Towns of Raymond and Norway, Cities of Muskego and Franklin and
Waste Management of Wisconsin, Inc. Patterson moved for
adoption. D. Sanders seconded, carried 7-0.
Reso.#115-89 - Appointment to Monitoring Committee - Franklin
Xandfill. Removed from agenda.
Ord.//647 - Ordinance to Repeal and Recreate Section 13.01 of the
Municipal Code of the City of Muskego (Dogs) First reading.
Common Council Minutes
April 25, 1989 - Page 5
Ord.A648 - An Ordinance to Amend the Zoning Map of the City of
Muskego (DeBack - RS-2/0LS to RS-2/OLS/OD) First reading. Taube
felt the matter should be tabled until a decision on the variance
necessary was made by the Board of Appeals.
D. Sanders asked for an indication of the Council as to their
feelings on the rezoning request as requested by DeBack at the
Public Hearing. Upon a poll of the aldermen, all stated they
would be in favor of rezoning providing the determination by the
Board of Appeals was favorable and all conditions of the Plan
Commission were met, with Taube adding that his approval was
conditioned on the wishes of the Lake Association that all
existing structures be torn down be met.
LICENSE APPROVALS - Hilt moved for approval of operator's
licenses for Cynthia Barker, Scot T. Barker, Debra Knueppel,
James Lange and James R. Lee. Patterson seconded, carried.
Hilt moved for approval of "Class B" Fermented Malt Beverage 6
Intoxicating Liquor License for Thomas Barker, Castle Management,
Sanders seconded, carried 7-0.
Inc. (Amann's Acres) subject to release of existing license. D.
1
Hilt moved for approval of "Class B" Fermented Malt Beverage h
Lane) subject to release of existing license. Dumke seconded,
Intoxicating Liquor License for Del L. Molkentein (Inn The Fast
carried 7-0.
VOUCHER APPROVAL - Hilt moved for approval of payment of Genera
Vouchers in the amount of $222,490.76. Dumke seconded, carried
7-0.
H. Sanders moved for approval of payment of Utility Vouchers in
the amount of $70,815.42. Simmons seconded, carried 7-0.
COMMUNICATIONS AND MISCELLANEOUS BUSlNESS AS AUTHORIZED BY -LAW
Draft of the comments made to be reviewed at the next meeting.
Review was made of committee agendas and minutes procedures.
Patterson requested a special meeting of the Council to look at
personnel, etc.
planning for such things as development, budgeting, salaries,
Hilt moved that the Council convene into Closed Session pursuant
to §19.85(l)(c), considering employment, promotion, compensation
or performance evaluation data of any public employe over which
and (e), deliberating or negotiating the purchasing of public the governmental body has jurisdictionor exercises responsibility
properties,the investing of public funds, or conducting other
specified public business,whenever competitive or bargaining
reasons require a closed session, more specifically discussing negotiations and strategies with the AFSCME bargaining units.
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Common Council Minutes
April 25, 1989 - Page 6
Dumke seconded, carried 7-0. It was noted that the Council would
reconvene into Open Session for the purpose of adjournment.
Hilt moved to adjourn at 11:30 p.m. Dumke seconded, carried.
Respectfully submitted,
COMMITTEE MINUTE & AGENDA PROCEDURES
COMMENTS MADE AT APRIL 25, 1989 COMMON COUNCIL MEETING
Mayor reviewed that any alderman, the Mayor or staff can place
any item on a committee agenda, and if placed they should do the
homework. It was requested that on the agenda identify the
person requesting an item be placed on the agenda.
Duke suggested the Chairman be notified. Mayor stated that the
Chairman should call in on Monday morning to place items on the
agenda and to be informed at that time what has previously been
placed on the agenda. If you do not call in, the agenda will
just go out.
Taube felt the Chairman should be notified of items being added
to the agenda. He was concerned only about the aldermen, and felt it would be a courtesy to notify the Chairman. Simmons felt
we know where we are coming from before the meeting.
the concept was good. He stated it creates good communication so
Mayor stated that he could not comply with calling each of the
Chairmen. If you do not call in on Monday, the agenda will go
out.
Regarding the minutes, if the Chairman or Secretary wishes to
be read to them.
call in on Friday morning, a draft of the committee minutes can
Patterson stated that regarding the minutes, sometimes we are
requesting something be done. Many times these things are not
done until the minutes are acted upon. If anything should be
done prior to Council approval, the committee Secretary will
highlight and ask that it be done immediately.
Taube requested that the minutes should identify the attachments
to the minutes at the end of the minutes as enclosures.
This matter will be placed on a future Council agenda for further
discussion.
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