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ccm19900123COMMON COUNCIL CITY OF MUSKEG0 I MINUTES OF MEETING HELD JANUARY 23, 1990 Called to order at 8:25 p.m. by Chairman Salentine. Also present were Aldermen Dumke, Hilt, D. Sanders, H. Sanders, Simmons and Taube, City Attorney Molter and City Clerk Marenda. Alderman Patterson was absent. H. Sanders moved for approval of minutes of January 9, 1990. Hilt seconded, carried. The Notice of Closed Session was read by the Mayor as noted on the agenda. COMMITTEE KEPORTS Hilt presented Finance Committee minutes of January 17 and 23, 1990 and moved for acceptance. Dumke seconded, carried. Simmons presented Public Welfare Committee minutes of January 11, 1990 and moved for acceptance. D. Sanders seconded. It was noted that the Public Hearing on the Waukesha County Block Grant application would be held by the Common Council on February 13, 1990. Carried. D. Sanders presented Public Utilities Committee minutes of carried. 0 - January 18, 1990 and moved for acceptance. H. Sanders seconded, Plan Commission minutes of January 16, 1990 were received and placed on file. UNFINISHED BUSINESS and Bid Out the Hillendale Drive North of Lembezeder to Tans Reso.#6-90 - Authorize City Engineer to Prepare Plans and Specs and Mystic Drive South of Rogers Drive Sewer Projects (On floor, Drive; Hillendale Drive South of Lembezeder to Wentland Drive; Drive South of Rogers Drive" and add "Woods Road South of Hwy. deferred 1 /9/90). H. Sanders moved to amend to delete "Mystic It was noted that the Hillendale South of Lembezeder project 'L'and Hillendale Drive North of Hwy. 'L'". Simmons seconded. would now include Tax Keys fl2189.994 and t2180.983.001. Motion carried 6-0. Simmons moved to amend to add "BE IT FURTHER RESOLVED that the Common Council does hereby request the Plan Commission to petition to rezone the property on the west side of Woods Road from Hwy.'L' to the limits of the sewer project and to authorize the City Engineer to prepare plans and specs and bid out the Woods Road South of Hwy. 'L' Water Project." D. Sanders seconded, carried 6-0. Resolution 1/6-90, as amended, adopted 6- 0. Common Council Minutes January 23, 1990 - Page 2 NEW BUSINESS Reso.#19-90 - Resolution Providing for the Continued Support of FLOW. H. Sanders moved for adoption. D. Sanders seconded, carried 6-0. Reso.#20-90 - Approval of Certified Survey Map (Graves). Hilt moved for adoption. Dumke seconded, carried 6-0. Reso.fl21-90 - Approval of Certified Survey Map (Muskego Industrial Park Addn.). Removed from agenda. Reso.#22-90 - Approval of Preliminary Plat - Parkside Heights - Town of Norway. Hilt moved for adoption. Dumke seconded, carried 6-0. Reso.123-90 - Directing the City Attorney to Prepare the Easement Project (Struck). H. Sanders moved for adoption. Simmons Documents for the Park/Lake Drives and Richards Lane Water seconded, carried 6-0. Reso.fl24-90 - Approval of Agreement Between City of Muskego and Muskego Lake). Hilt moved for adoption. Taube seconded. With Wil Vidal h Matt Soik (Transportation of Dredging Spoils - Little permission of Council, Wil Vidal presented maps and explained the project. Hilt moved to amend to delete requirement of escrow fee, and to add that Mr. Vidal and Mr. Soik shall be responsible for all damages done in the transportation of this material with amend that the Parks Board is to establish conditions pertaining restoration to be completed by April 15, 1990, and to further to Idle Isle and the Public Works Committee pertaining to the roads and bridge. Taube seconded, carried 6-0. Atty. Molter expressed concern over terminology in Resolution and recommended changes. Hilt moved to amend Resolution to read as follows: "WHEREAS, Wil Vidal and Matt Soik have requested the right to transport certain dredging spoils from Little Muskego Lake over City property known as Idle Isle, and WHEREAS, the Parks and Recreation Board has recommended approval of their request and conditions of said removal being agreed upon with the Parks subject to the condition of the exact path of removal and terms Supervisor, and WHEREAS, the undersigned Wil Vidal and Matt Soik agree by acceptance of this Resolution to be responsible for any and all damages caused by themselves or their contractor concerning this project, and WHEREAS, the use of the City streets shall further be subject to the approval of the Public Works Committee and any conditions they may establish. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby approve the concept of granting permission to Wil Vidal and Matt Soik to remove approximately 1,250 cubic yards of dredging spoils from Little Muskego Lake over City property known as the Idle Isle Park under terms and conditions to be set by the Common Council Minutes January 23, 1990 - Page 3 Parks Supervisor, including but not limited to, the path of removal, time and terms of repair and restoration, and further contingent upon the approval of the Public Works Committee. BE Vidal and Matt Soik accepting said Resolution. BE IT FURTHER IT FURTHER RESOLVED that this Resolution is contingent upon Wil RESOLVED that the Parks Supervisor may revoke this permission granted by this Resolution at any time. BE IT FURTHER RESOLVED that in any event this approval terminates no later than April 15, 1990. BE IT FURTHER RESOLVED that all restorations and repairs required to be made shall be completed on or before May 15, 1990." Seconded by H. Sanders, carried 6-0. Resolution 1124- 90, as amended, adopted 6-0. Reso.tZ5-90 - Resolution As To Assessment of Fred Graves. H. Sanders moved for adoption. D. Sanders seconded, carried 6-0. Reso.#26-90 - Authorizing Approval of Cancellation Agreement (Delta Group, Inc. and/or Assigns). Hilt moved for adoption. H. Sanders seconded, carried 6-0. Reso.#27-90 - Resolution As To Offer to Purchase (Delta Group, Inc. and/or Assigns). Hilt moved for adoption. Dumke erro.rs in offer as submitted, and the fact that the offer was not seconded. Atty. Molter expressed concern about discrepancies and Submitted in a timely manner for proper review. Simmons moved to amend paragraph one to "disapprove" offer and delete "contingent upon review and approval of the City Attorney" and to add "BE IT FURTHER RESOLVED that the Mayor, in consultation with the City Attorney and broker, may accept a revised offer satisfactory to the Mayor." Motion carried 6-0. Resolution #27-90, as amended, carried 6-0. LICENSE APPROVAL Hilt moved for approval of operator's licenses for Robyn Baker, Rachel Kallin, Debrah Green, Steven Maciosek and Debbie Sutton subject to favorable police reports. Dumke seconded, carrried. Hilt moved for approval of Class "8" Gathering Permit for St. Leonard for February 24 and October 13, 1990. Taube seconded, carried 6-0. Hilt moved for approval of Class "B" Gathering Permit for Muskego seconded, carried 6-0. Icetronauts Races on Ice rain date of February 18, 1990. Taube VOUCHER APPROVAL Hilt moved for approval of payment of General Vouchers in the amount of $92,192.99 for 1989 and $293,961.42 for 1990. H. Sanders seconded, carried 6-0. Common Council Minutes January 23, 1990 - Page 4 H. Sanders moved for approval of payment of Utility Vouchers in the amount of $6,580.65 for 1989 and $28,686.83 for 1990. D. Sanders seconded, carried 6-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Clerk acknowledged receipt of petition from Lynn Kurer to rezone multi-family development. Petition referred to Plan Commission property on Janesville Road in Section 10 from RSA to RSM for for review and recommendation. Public Hearing to be held February 13, 1990 at 7:25 p.m. Block Grant applications would be held on February 13, 1990 by It was noted again that the Public Hearing on the Waukesha County the hearing. the Common Council with Finance Committee review just prior to Dumke moved to convene into Closed Session pursuant to §19.85 and the Emerald Park Siting Committee who are rendering oral or (l)(g), Confering with legal counsel for the governmental body written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, more specifically as to Emerald Park. As to these matters, formal action may be taken in Closed Session. D. Sanders seconded, carried 6-0. After reconvening into Open Session, Simmons moved to adjourn at 12:05 a.m. Hilt seconded, carried. Sespectfully submitted,