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ccm19890509a COMMON COUNCIL CITY OF MUSKEG0 MINUTES OF MEETING HELD MAY 9, 1989 Called to order at 7:47 p.m. by Chairman Salentine. Also present were Aldermen Dumke, Hilt, Patterson, D. Sanders, H. Sanders, Simmons and Taube, City Attorney Molter and City Clerk Marenda. H. Sanders moved for approval of minutes of meetings held April 25, 1989. Hilt seconded, carried. The Clerk read the Proclamation for Green-Up Muskego Day, Rozman and Mr. Earl who accepted the Proclamation on behalf of Saturday, May 20, 1989, which was presented by the Mayor to Mr. the Chamber of Commerce. To promote Green-Up Muskego Day and recycling, Mrs. Schneider's fifth grade class of Country Meadows School presented a play. Proclamation for Municipal Clerk's Week which is May 7-13, 1989 was read as well as a Proclamation for VFW Buddy Poppies Sale which is May 21-27, 1989. COMMITTEE REPORTS Hilt presented minutes of Finance Committee meetings of May 3 and 9, 1989 and moved for acceptance. Dumke seconded, carried. Simmons presented minutes of Public Works Committee meeting of April 27, 1989 and moved for acceptance. Dude seconded, carried. held May 4, 1989 and moved for acceptance. Patterson seconded, D. Sanders presented minutes of Public Safety Committee meeting carried. Patterson presented minutes of Rules, Laws & Ordinance Committee meeting of May 4, 1989 and moved for acceptance. Simmons seconded, carried. Patterson presented minutes of Public Welfare Committee meeting of April 27, 1989 and moved for acceptance. Simmons seconded, carried. Minutes of Plan Commission meeting of May 2, 1989 were received and placed on file. Common Council Minutes May 9, 1989 - Page 2 UNFINISHED BUSINESS Reso.#67-89 - Proceeding by the Common Council of the City of Muskego to Discontinue and Vacate a Part of HcShane Drive in the City of Muskego, Wisconsin. Introduced 3/28/89. Dumke moved for highway width map showed McShane Drive to be a 60' right-of-way, adoption. Simmons seconded. ?.layor Salentine noted that the and that the property developed adjacent to this parcel and to the east had been developed on the basis of the 60' road right- had been developed based on a 100' road right-of-way. It is of-way. However, the property to the west known as Freedom Acres unknown why that dedication was required at that time as that is not what is indicated on the map. Motion carried 7-0. Reso.#81-89 - Amendment to Deposit and Forfeiture Schedule reconsideration. Patterson seconded, carried 7-0. Simmons moved (Cigarette & Tobacco Products). Simmons moved for to defer and refer to Judge for review of fine structure. Patterson seconded, carried.' Xeso.#lll-89 - Authorize Expenditure of Funds (Meter Reading Equipment) On floor, deferred 4/25/89. Discussion followed on high cost of training. H. Sanders moved to defer and refer to Utilities Committee for further review, with request that salesman appear at the Committee meeting, and contact be made with the City of Waukesha to ascertain if they were happy with the training received. Taube seconded, carried. Municipal Code of the City of Muskego (Restricting Overnight Ord.11646 - An Ordinance to Create Section 7.05(2) of the Parking on City Streets in the City of Muskego) On floor, deferred 4/25/89. Hilt expressed concern due to shortage of parking available around the lake. Patterson stated that Chief Patterson moved to amend to conform to Rules, Laws & Ordinance felt sufficient parking was available on personal property. Committee May 4, 1989 minutes with "unless authorized by the Police Department" added. Taube seconded. Molter suggested clarifying language as follows: "(a) General Prohibition. No person, partnership, corporation or other legal entity shall park or cause to be parked any vehicle of any kind or description on hours of 3:OO a.m. and 7:OO a.m. unless temporarily authorized by any public street or highway in the City of Yuskego between the year, and furthermore no vehicle weighing over 10,000 lbs. shall the Police Department between December 1 and April 1 in each be parked on any public street or highway at any time except for pickup and deliveries." Patterson moved to defer and refer to Rules, Laws & Ordinance Committee. Simmons seconded, carried. Ord.i/647 - Ordinance to Repeal and Recreate Section 13.01 of the hunicipal Code of the City of Muskego (Dogs) Second reading. Taube moved for adoption. Simmons seconded, carried 7-0. Common Council Minutes May 9, 1989 - Page 3 Ord.#648 - An Ordinance to Amend the Zoning Map of the City of Muskego (DeBack - RS-2/0LS to RS-Z/OLS/OD) Second reading. Hilt moved for adoption. D. Sanders seconded. Atty. Molter advised grant a variance since the lot is undersized. He stated in this the question is if zoning is approved, can the Board of Appeals case, the hardship would be created by the person requesting the petitioner does not feel he should go to Board of Appeals. An zoning change. Mayor stated that based on this opinion, the alternative could be a change of the zoning ordinance, to give percentage. D. Sanders moved to defer and refer to Plan the Plan Commission authority to grant a variance of a certain Commission to review ordinance and ramifications on precedents and impact on the community if the Plan Commission had authority Laws & Ordinance Committee for review. Simmons seconded. Atty to grant a variance in rezoning matters, and to refer to Rules, Molter suggested the planner review this matter. Taube reiterated the Lake Association's objection to any existing buildings remaining on this arcel. Motion carried 6-1, with H. Sanders casting the only 'hot vote. NEW BUSINESS Reso.#116-89 - Consent to Assignment - Ingersoll Industries, Inc. Patterson moved for adoption. Simmons seconded, carried 7- 0. Reso.#117-89 - Authorize Expenditure of Funds - Cash Register/Receipt System. Dumke moved for adoption. D. Sanders seconded, carried 7-0. Reso.tl18-89 - Approval of Lease (Idle Isle Park Pavilion). Removed from agenda. Reso.#119-89 - Acceptance of Low Bid for 1989 Bituminous Concrete Paving Road Improvement Program. Dumke moved for adoption. Simmons seconded, carried 7-0. Reso.#120-89 - Acceptance of Low Bid for 1989 Sealcoating Road Improvement Program. Dumke moved for adoption. Taube seconded, carried 7-0. Reso.tl21-89 - Accepting Community Newspapers, Inc. as the Official Newspaper of the City of Muskego (Muskego Sun). Hilt moved for adoption. H. Sanders seconded, carried 7-0. Reso.#122-89 - Appointment of Weed Commissioner for the City of Muskego. Dumke moved for adoption. D. Sanders seconded, carried 7-0. Reso.#123-89 - Declaring Certain Weeds to be Noxious in the City of Muskego. D. Sanders moved for adoption. Hilt seconded, carried 7-0. Common Council Minutes May 9, 1989 - Page 4 Reso.1124-89 - Authorizing Lease Agreement Between M.W. Marine,Inc. and the City of Muskego (Boat). Hilt moved for adoption. Taube seconded, carried 7-0. Reso.#125-89 - Authorizing Lease Agreement Between Water Patrolman and City of Muskego. Taube moved for adoption. Simmons seconded, carried 7-0. Reso.#126-89 - Acceptance of Quote (Public Works Department Truck). Dumke moved for adoption. H. Sanders seconded, carried 7-0. Reso.#127-89 - Creation of Part-time Position (Public Works Department). Hilt moved for adoption. Dumke seconded. Discussion followed on wage with Finance Committee noting recommendation made based on budgeted amount of $6.50 per hour, noting that Parks mowers are paid $4.50 per hour. Simmons moved to defer. Motion withdrawn. Patterson moved to amend to change wage to $4.50 per hour. Taube seconded. Motion defeated 4-3 with H. Sanders, Dumke, Hilt and D. Sanders voting ''no'' and Patterson, Simmons and Taube voting "yes". Patterson moved to Motion defeated 5-0 with Simmons and Taube abstaining. Patterson defer and refer to Public Works Committee. Taube seconded. moved to amend wage to $5.00 per hour. Taube seconded, carried 4-3 with Patteson, D. Sanders, Simmons and Taube voting "yes'' and H. Sanders, Dumke and Hilt voting "no". Taube moved to amend total expenditure to $2,800.00. Simmons seconded, carried 7-0. Resolution 1127-89, as amended, adopted 5-2 with H. Sanders, Patterson, D. Sanders, Simmons and Taube voting "yes" and Hilt and Dumke voting "no". Reso.tl28-89 - Denial of Legal Lot Status (Chmielewski) Hilt moved for adoption. H. Sanders seconded. Taube moved to defer to allow petitioner time to contact the neighbors to review their objections. Patterson seconded, carried. Reso.#129-89 - Approval of Certified Survey Map (Dix). Hilt moved for adoption. Dumke seconded, carried 7-0. Reso.#130-89 - Approval of Certified Survey Map(De1ikat - Town of Norway). Hilt moved for adoption. D. Sanders seconded, carried 7-0. Reso.#131-89 - Approval of Certified Survey Map (Clements - Town of Norway). Hilt moved for adoption. Simmons seconded, carried 7-0. Reso.#132-89 - Amendment to Deposit and Forfeiture Schedule seconded, carried 7-0. (Regulation of Animals). Patterson moved for adoption. Simmons 0 0 e Common Council Minutes May 9, 1989 - Page 5 Reso.#133-89 - Establishing Registration Fee for Dangerous Dogs. Hilt moved for adoption inserting $25.00 as the fee. H. Sanders seconded, carried 7-0. Reso.i/134-89 - Approval of Assignment of Offer to Purchase - City-Owned Property (McShane). H. Sanders moved for ado tion. Dumke seconded, carried 6-1 with Taube casting the only vote. Reso.it135-89 - Authorize Appointment of Deputy Treasurer At Six Month Salary Level. Dumke moved for adoption. Hilt seconded, carried 7-0. LICENSE APPROVAL - Hilt moved to approve operator's licenses for Steven Kersky, Jean Vinz and Sherry Jacobson. Dumke seconded, carried. Hilt moved for approval of special permit for Dance Outside Interior of Class B Tavern for Hunter's Nest - June 3 and August 20, 1989. H. Sanders seconded, carried 7-0. PI,,,, VOUCHER APPROVAL - Hilt moved for approval of payment of General Vouchers in the amount of $188,556.12. Dumke seconded, carried 7-0. H. Sanders moved for approval of payment of Utility Vouchers in the amount of $75,824.59. Simmons seconded, carried 7-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Clerk acknowledged receipt of rezoning requests for property on Kelsy Drive from EA to R-1; on Janesville-Road from RS- 2/0IP/OHS/OOS to B2, and on Woods Road from RS-2 to RS-3 with public hearings to be held on May 23,1989 and refer to Plan Commission for review and recommendation. Hilt moved to adjourn at 10:50 p.m. D. Sanders seconded, carried. Respectfully submitted, - Yity Clerk