ccm19901127COMMON COUNCIL
CITY OF MUSKEG0
MINUTES OF MEETING HELD NOVEMBER 27, 1990
were Aldermen Dumke, Hilt, Patterson, D. Sanders, H. Sanders,
Called to order at 7:30 P.M. by Mayor Salentine. Also present
Simmons and Taube, City Attorney Molter and City Clerk Marenda.
Hilt moved for approval of minutes of meeting held November 13,
1990. Dumke seconded, carried.
Mayor read the Notice of Closed Session as noted on the agenda.
COMMITTEE REPORTS
H. Sanders presented minutes of the Finance Committee meetings of
November 21 and 27, 1990 and moved for acceptance. Simmons
seconded, carried.
Simmons presented minutes of November 14, 1990 Public Utilities
Committee meeting and moved for acceptance. D. Sanders seconded,
carried.
D. Sanders presented minutes of Public Welfare Committee meeting
of November 19, 1990 and moved for acceptance. Patterson
seconded. Patterson requested that the Clerk be directed to hold
payment on bills for paper pickup from Peltz Corporation. Motion
carried.
placed on file.
Plan Commission minutes of November 20, 1990 were received and
UNFINISHED BUSINESS
Ord.#699 - An Ordinance to Amend Section 9.03 and 12.03 of the
Municipal Code of the City of Muskego Relating to the Sale and
Discharge of Fireworks. Second reading. Patterson moved for
adoption. Simmons seconded, carried 7-0.
Ord.#700 - An Ordinance to Amend Chapter 9, Section 9.26(2) of
Prohibited. Second reading. Patterson moved for adoption. Taube
the Municipal Code of the City of Muskego - Loitering Near School
seconded. Taube moved to defer. Patterson seconded, carried.
NEW BUSINESS
Reso. #261-90 - Resolution Authorizing Ehlers and Associates,
Inc. to Solicit Competitive Proposals for Not to Exceed
$2,340,000 General Obligation Promissory Notes of the City of
Muskego, Waukesha County, Wisconsin. Hilt moved for adoption.
Dumke seconded. Attachment to Resolution to be more clearly
identified and copied for Aldermen. Carried 7-0.
Council Minutes
November 27, 1990 - Page 2
Reso. #262-90 - Preliminary Resolution Declaring Intent to Levy
Area-Wide Water Capacity Assessement for Debt Service for Water
Area). Hilt moved for adoption. D. Sanders seconded. Taube
Service Under §66.60, Wisconsin Statutes (Amended Water Service
questioned if this added area would result in a reduced area of
pump for this area. Carried 7-0.
the original WCA. Mayor advised the DNR has approved a booster
Discussion followed on the Glen Hansen land division in this
area. The Utility Committee members at the Common Council agreed
that the properties should be connected because they are within
the 1000 foot rule, providing that it doesn't violate the
requirements of the sewer service area.
Reso. #263-90 - Authorizing Cancellation of Certain Uncollectible
Accounts Payable. H. Sanders moved for adoption. Dumke
seconded, carried 7-0.
Reso. #264-90 - Approval of Amendment to Contract of Sale (Seitz
Equipment & Rentals or Assigns - Industrial Park Addn.). Hilt
moved for adoption. Taube seconded, carried 7-0.
Reso. 11265-90 - Authorize Expenditure of Park Dedication Funds
(Marlan Meadows). Hilt moved for adoption. Simmons seconded,
carried 7-0.
Reso. 11266-90 - Approval of Participation in Waukesha County
Municipal Executives Association Public Protection Services
Study. Dumke moved for adoption. H. Sanders seconded, carried
7-0.
Reso. #267-90 - Approval of Certified Survey Map (DeAngelis). D.
Sanders moved for adoption. Taube seconded, carried 7-0.
of Waterford). D. Sanders moved for adoption. Patterson
Reso. #268-90 -Approval of Certified Survey Map (Gorsline - Town
seconded, carried 7-0.
Reso. #269-90, 270-90, 271-90 were removed from the agenda.
Muskego - RS-l/RS-2/B-2/W to RS-3/0PD (Terra Development) First
Ord. #701 An Ordinance to Amend the Zoning Map of the City of
reading. Simmons moved to suspend rules to allow second
reading. Hilt seconded. Taube asked for information as to why
developer does not have information available for approval of
Certified Survey Maps and Subdivider's Agreement and strongly
objected to moving so quickly on this matter. Patterson
rezoning without the Subdivider's Agreement approval. No
requested permission for developer to explain the request for
objections.
e Council Minutes
November 27, 1990 - Page Three
Bob Patch explained the CSM and Subdivider's Agreement
proposals. He advised he has been unable to obtain a Letter of
Credit without the zoning in place. He also stated that other
stopping blocks are identified in the Subdivider's Agreement
wherein such things as building permits cannot be issued until
the Letter of Credit is received. He asked that the site be
zoned and he would be back in two weeks with the other
documents. He advised this process resulted from a meeting with
the Mayor, Seegar Swanson, and Attorney Molter. Attorney Molter
advised that certain problems remain with the Subdivider's
Agreement and noted he did not recommend the City adopt this PUD
zoning since that is a policy decision. He felt there was
somewhat less control with this format and does not follow past
policies. It was noted the Financial Consultant stated that
Muskego's rules are tighter than most communities although it is
a good rule to have all things in place prior to rezoning;
however, he felt that a letter from the bank stating this money
Letter of Credit, and that the bank won't release the money until
is set aside to cover those things as will be covered in the
these things are done, would show the backing of the financial
institute.
0
Taube stated he hadn't seen that the items were satisfied as
reviewed by the special Public Works Committee meeting regarding
being set in zoning prior to all other approvals. Simmons felt
storm drainage and roads and expressed concern about a precedence
concerns could be addressed at the time of the approval of the
Subdivider's Agreement. Dumke supported the developer's efforts
in getting rid of the barns and he will vote to stop the process
if the promises are not fulfilled. Motion to suspend rules
Sanders seconded. Hilt moved to amend Ordinance with amended
carried 7-0. Second reading. Simmons moved for adoption. D.
Clerk as Exhibit A for Phase I of Multi-Family only. Carried 7- property description. Taube seconded. Amendment presented to
0. Ordinance #701 as amended, adopted 7-0.
LICENSE APPROVAL
Hilt moved for approval of Operator's License for Paul Lentz,
subject to receipt of favorable police reports. Dumke seconded,
carried.
Hilt moved for approval of Races on Ice Permit - Muskego
Icetronauts for February 10, 1991 - Big Muskego Lake (rain date
February 17, 1991). Taube seconded, carried.
Hilt moved for approval of Class B Gathering Permit - Muskego
Icetronauts - February 10, 1991 on Big Muskego Lake (rain date
0 February 17, 1991). D. Sanders seconded, car;ied 7-0.
November 27, 1990 - Page Four
Common Council Minutes
VOUCHER APPKOVAL
Hilt moved for approval of payment of General Vouchers in the
amount of $186,024.70. H. Sanders seconded, carried 7-0.
Simmons for approval of payment of Utility Vouchers in the amount
of $24,379.30. D. Sanders seconded, carried 7-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Hilt moved to convene into Closed Session pursuant to
§19.85(l)(e), Deliberating of 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, more specifically
concerning MMSD negotiations. Simmons seconded. It was noted
the Common Council would reconvene into Open Session for the
purpose of adjournment. Motion carried 7-0.
After reconvening into Open Session, Hilt moved to adjourn at
11:17 p.m. Patterson seconded, carried.
Respectfully submitted,
@n K . Marenda, CMC
ty Clerk
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