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ccm19910326COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD MARCH 26, 1991 The meeting was called to order at 8:lO P.M. by Mayor Salentine. Also present were Aldermen Dumke, Hilt, Patterson, D. Sanders, H. Sanders, and Simmons, City Attorney Molter and City Clerk Marenda. Absent was Alderman Taube. Hilt moved for approval of the Common Council minutes of March 12, 1991. Dumke seconded, carried. COMMITTEE REPORTS Y Hilt presented Finance Committee minutes of meeting held March Police Department copier maintenance agreement, Patterson agreed 20, 1991 and moved for acceptance. Dumke seconded. Regarding consumables. Carried. H. Sanders presented Finance Committee to approve subject to the contract providing the actual cost of minutes of March 26, 1991 and moved for acceptance. Hilt seconded. Carried. D. Sanders presented Public Utility Committee minutes of meeting held March 21, 1991 and moved for acceptance. Hilt seconded, carried. Plan Commission minutes of meeting held March 19, 1991 were reviewed. Dumke questioned permission to park a commercial truck in Lake Meadows Subdivision. D. Sanders stated the would like to send the ordinance to Rules, Laws, and Ordinance current ordinance gives Plan Commission some leeway and that he Committee to be reviewed if it is the City policy to not allow truck parking in a predominantly-developed area. Mayor noted the Police Chief has written to the Plan Commission stating the route has not been established. D. Sanders felt this truck approval should stand until its next annual review, but he would ask for reconsideration at Plan Commission to add the conditions of the route. Chapter 17:604(4)G.2. was referred to Rules, Laws, and Ordinance Committee for review. OLD BUSINESS Reso. #43-91 - Approval of Preliminary Plat - Country Brook Estates. On floor, deferred from March 12, 1991. Mayor advised Muskego Lake Dam study. Miller asking for approval if there is a question of the floodplain line due to the Little floodplain doesn't encroach, he will then submit finalized preliminary plat for Council approval. Hilt reported Park Board to speak, Miller stated he hoped this park would not become an had concerns over small parks in subdivisions. With permission creek, though he'prefers not to. He noted the adjacent issue and he would agree to putting in the footbridge over the Council, it was determined that the location and size of the subdivision are completely against it. Upon consensus of the moved to defer and refer to Plan Commission for further review. park were good, but they were opposed to the bridge. D. Sanders Simmons seconded, carried. Common Council Minutes March 26, 1991 Page 2 NEW BUSINESS Reso. #49-91 - Final Resolution Authorizing Area Wide Water Capacity Assessments for Water Services Under Wisconsin Statute 66.60 and Levying Water Capacity Special Assessments Against Benefited Property (WCA). Hilt moved for adoption, Simmons seconded. Carried 6-0. Reso. #50-91 - Final Resolution Authorizing Installation of Sanitary Sewer Improvements and Levying Special Assessments Against Benefited Property -- Hillendale/Wentland and Tans Drive Sewer Project MSS-1-90, Assessment District "SA." (Front foot assessment $36.61 per front foot; lateral assessment $1,506) Simmons moved for adoption, D. Sanders seconded. Carried 6-0. Reso. #51-91 - Awarding of Bid -- Hillendale/Wentland and Tans Drive Sewer Project MSS-1-90, Assessment District "SA." (Underground Pipeline, Inc. - $158,517) Simmons moved for adoption, D. Sanders seconded. Carried 6-0. Reso. #52-91 - Final Resolution Authorizing Installation of Sanitary Sewer Improvements and Levying Special Assessments Against Benefited Property -- Hillendale North of Highway L Sewer Project MSS-2-90, Assessment District "SB." (Front foot assessment $38.96 per front foot; lateral assessment $909.36) Simmons moved for adoption, D. Sanders seconded. Carried 6-0. Reso. #53-91 - Final Resolution Authorizing Installation of Water Improvements and Levying Special Assessments Against Benefited Property -- Hillendale North of Highway L Water Project MW-12-90, Assessment District "WK." (Front foot assessment $16.78 per front foot; lateral assessment $874.49) Hilt moved for adoption, D. Sanders seconded. Carried 6-0. Reso. #54-91 - Awarding of Bid -- Hillendale North of Highway L Sewer Project MSS-2-90, Assessment District "SB," Assessment District "WK." (Madison Underground for Contract and Hillendale North of Highway L Water Project MW-12-90, "C" - $534,546.50) Hilt moved for adoption, Simmons seconded. Carried 6-0. Reso. #55-91 - Final Resolution Authorizing Installation of Sanitary Sewer Improvements and Levying Special Assessments Against Benefited Property -- Woods Road South Sewer Project MSS-3-90, Assessment District "SC." (Front foot assessment $34.45 per front foot; lateral assessment $920.09) Simmons moved for adoption, Patterson seconded. Carried 6-0. Water Improvements and Levying Special Assessments Against Reso. #56-91 - Final Resolution Authorizing Installation of Assessment District "WJ." (Front foot assessment $16.78 per Benefited Property -- Woods Road South Water Project MW-11-90, adoption, Patterson seconded. Carried 6-0. front foot; lateral assessment $629.48) Hilt moved for COnUnOn Council Minutes March 26, 1991 Page 3 Reso. #57-91 - Awarding of Bid -- Woods Road South Sewer Project MSS-3-90, Assessment District "SC," and Woods Road South Water Project MW-11-90, Assessment District "WJ." Simmons seconded. Carried 6-0. (Tomasini Contractors - $216,730) Hilt moved for adoption, Reso. #58-91 - Approval of Certified Survey Map (Allison -- Town of Norway). D. Sanders moved for adoption, Hilt seconded. Carried 6-0. Reso. #59-91 - Approval of Certified Survey Map (Huckstorf). D. Sanders moved for adoption, Hilt seconded. Carried 6-0. Reso. #60-91 - Approval of Final Plat, Subdivider's Agreement and Letter of Credit (Meadow Green West Addition No. to amend Paragraph 5 to add "and subject to Section XI1 A. being 2). Dumke moved for adoption, H. Sanders seconded. Hilt moved amended to add "water"; to amend Section XIV to insert the amount $303,551; and to correct the word "an" to "and" at the top of Page 2 of the Letter of Credit." D. Sanders seconded. Carried. Resolution #60-91 as amended adopted 6-0. Reso. #61-91 - Approval of Amendment to Contract of Sale (R.J. Mueller -- Industrial Park Addition). H. Sanders moved for adoption, Hilt seconded. Carried 6-0. Reso. #62-91 - Temporary Suspension of Granting of Sewer Main Extensions Within the MMSD Sewer Service Area. Dumke moved Committee will be the committee responsible for putting together for adoption, Hilt seconded. Mayor advised the Finance the growth management plan, with assistance from other committees. Carried 6-0. Reso. #63-91 - Approval of Final Plat, Subdivider's Agreement and Letter of Credit (College Square Subdivision -- moved to amend Paragraph 5 to add "and subject to the access Groh). H. Sanders moved for adoption, Dumke seconded. Hilt easement improvement being added to I of the Subdivider's Agreement in a form satisfactory to the Planning E, Development Department so this improvement is secured by the Letter of Credit." Simmons seconded, carried. Resolution #63-91 as amended adopted 6-0. Reso. #64-91 - Approval of Emerald Park Landfill Agreement. Dumke moved for adoption, D. Sanders seconded. Hilt stated the Negotiating Committee should negotiate with EPI for payment of the fees EPI owes to the City for expenses incurred during negotiations. D. Sanders also felt clarification was necessary on the missing parties, burned down structures, portion of property in, residence out, county fees and designated use, as well as other concerns brought out at the informational hearing. Dumke requested a statement in writing that the fees paid to Waukesha County will be spent in the City of Muskego. Attorney Molter referred to the language regarding the Common Council Minutes March 26, 1991 Page 4 recovering the money and also discussed the zoning language installation of sewers, noting the City cannot guarantee proposed. The Resolution was defeated by a vote of 6-0 and referred back to the Siting Committee for further negotiations. Reso. #65-91 - Approval of Contract Between Waukesha County Department of Aging and City of Muskego. H. Sanders moved for adoption, Dumke seconded. Carried 6-0. Reso. #66-91 - Authorize Execution of Stipulation and Order (City of Muskego vs. Loebel). Removed from agenda. Reso. #67-91 - Direct City Engineers to Prepare Plans and Specs (Woods Road East of Racine Water Project). Hilt moved for adoption, D. Sanders seconded. Hilt moved to amend Paragraph 1 to add "with the bidding time frame to be determined at future Public Utilities Committee meeting." D. Sanders seconded, carried. Resolution #67-91 as amended adopted 6-0. Reso. #68-91 - Direct City Engineers to Prepare Plans and Specs (Stand-By Generator -- Hillendale Booster Station). Hilt moved for adoption, Simmons seconded. Carried 6-0. Reso. #69-91 - Authorize Execution of Agreement for Meadows and Kristin Down). Hilt moved for adoption, D. Sanders Engineering Services (Renovate Well Pumpstations -- Guernsey seconded. Carried 6-0. Ord. #709 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-2 to RSM/OPD) (Lutheran Inc. For Elderly -- L.I.F.E.) First Reading. Ord. #710 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-2 to RSM/OPD) (College Square Subdivision allow second reading. Simmons seconded, carried 5-1 with -- Groh) First Reading. H. Sanders moved to suspend rules to Dumke voting "no." Second Reading. H. Sanders moved for adoption, Hilt seconded. Patterson moved to amend Section 3 Hilt seconded, carried. Ordinance #710 as amended adopted 6-0. to add "and removal of all conditions of Resolution #63-91." Ord. #711 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-Z/L/SW/W to RS-Z/L/SW/W (OPD)) (Meadow moved to suspend rules to allow second reading. Simmons Green West Addition No. 2 -- Boehm). First Reading. Hilt Reading. D. Sanders moved for adoption, Simmons seconded. seconded, carried 5-1 with Dumke voting "no." Second conditions of Resolution #60-91." Patterson seconded, Simmons moved to amend Section 3 to add "and removal of all voting "no. I' carried. Ordinance #711 as amended adopted 5-1 with Dumke Common Council Minutes March 26, 1991 Page 5 LICENSE APPROVAL Hilt moved for approval of operators' licenses subject to favorable police reports for Kristie Zimmerlee, Erica Olson, David Milligan, Susan Gordon, Michael Branzolewski, Linda Cefalu, and Lynn Rademacher. Dumke seconded, carried. Hilt moved for approval of "Class B" Fermented Malt Beverage & Intoxicating Liquor License for Colleen Doss (E.J. McGeary's Pub & Grill). H. Sanders seconded. Carried 6-0. VOUCHER APPROVAL Hilt moved for approval of payment of General Vouchers in the amount of $124,721.97. Dumke seconded. Carried 6-0. Simmons moved for approval of payment of Utility Vouchers in the amount of $32,338.89. Hilt seconded. Carried 6-0. Clerk announced that a public hearing will be held on April 9, 1991 to consider repeal and recreation of the Floodplain Zoning Ordinance. would be held at the Stoneridge Landfill site. Patterson Patterson announced that effective April 6, 1991, recycling position of Planning & Development Director, with four being reported that eight candidates have been reviewed for the re-interviewed. Patterson moved to adjourn at 11:Ol P.M. H. Sanders seconded, carried. Respectfully submitted, 77& Marenda, CMC cac TOTAL