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ccm19910423COMMON COUNCIL CITY OF MUSKEG0 MINUTES OF MEETING HELD APRIL 23, 1991 The meeting was called to order at 7:54 P.M. by Mayor Salentine. Sanders, Simmons and Taube, City Attorney Molter and City Clerk Marenda. Hilt moved for approval of the Common Council minutes of April 9 and April 16, 1991. Dumke seconded, carried. Also present were Aldermen Dumke, Hilt, Patterson, D. Sanders, H. COMMUNICATIONS FROM THE MAYOR'S OFFICE Gerald P. Lee Upon His Retirement After 29 Years of Service. Taube Reso. #79-91 - Recognition of Director of Planning & Development moved for adoption, D. Sanders seconded. Carried 7-0. Mr. Lee was presented with Resolution and plaque. Taube moved to go into closed session pursuant to §19.85(l)(c), Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, more specifically these matters, formal action may be taken in Closed Session. The Common Council will then reconvene into Open Session for continuation of agenda items. Patterson seconded. Carried 7-0. The Council reconvened into Open Session. I as to Director of Building Inspection Department Candidate. As to Reso. #80-91 - Resolution to Divide Planning & Development into the Building Inspection Department and the Planning Department and Confirm the Selection of Director for Each Department. Taube moved for adoption, Simmons seconded. Taube moved to amend to add: "Be it further resolved that this division of department will be reviewed at the end of one year. Be it further resolved that the probationary period for the Director of Building Inspection shall be continued until certification is obtained in the Uniform Dwelling Code. Time off sick shall not be paid during the first six months of the probationary period, and termination during that period will result in no sick leave payout. After successful completion of six months amount accrued from the date of hire, or it may remain in the bank, of employment, reimbursement may be made for sick leave up to the at the employee's option. Time off sick during the remaining probationary period shall be paid and the sick leave bank reduced accordingly. Termination during that period will result in a sick hire. Be it further resolved that the Director of Planning shall leave payout for sick leave accrued back to the original date of probation." Patterson seconded, carried 7-0. Resolution #EO-91 as start at the eighteen month salary level and will not be on amended adopted 7-0. COMMITTEE REPORTS 0 17 and April 23, 1991 and moved for acceptance. Hilt seconded. H. Sanders presented Finance Committee minutes of meetings held April Carried. I Common Council Minutes April 23, 1991 Page 2 @ April 18, 1991 and moved for acceptance. Hilt seconded. Ms. Radish Simmons presented Public Works Committee minutes of meeting held had questions on the Spitzner pro-ration. Simmons called the question. Motion carried 6-1 with Taube voting "no." D. Sanders presented Public Welfare Committee minutes of meeting held April 11, 1991 and moved for acceptance. Patterson seconded. Carried. and placed on file. Plan Commission minutes of meeting held April 16, 1991 were received UNFINISHED BUSINESS Reso. #43-91 - Approval of Preliminary Plat - Country Brook Estates. Simmons moved for reconsideration, D. Sanders seconded. D. Sanders requested reconsideration because a number of people in Meadow Green West were concerned that a bike path bridge was not being considered. Hilt felt the cost of the bridge would be in excess of $50,000. Simmons stated if people want this bridge then they should share the cost. Motion to reconsider carried 5-2, with Hilt and Dumke voting "no." Taube stated people in area were told of high costs involved in maintenance and insurance. He asked permission to have Mr. Kurt Lessor address the Council. No objections. Patterson felt cost should be negotiated later with protection of the availability of access being dealt with now. Mr. Lesser presented a petition, signed by 38 property owners in Meadow Green West #1 and #2, 36 in favor and 2 opposed to a proposed easement for future bike path and bridge combination. With permission Mr. Greg Boehm spoke and stated there is already an would not put in the bridge due to DNR requirements. Dumke called easement going to the creek from Pioneer to Woods Road and stated he Sanders, Simmons, and Taube voting "no," and Hilt and Dumke voting for the question. Motion defeated 5-2 with Patterson, D. Sanders, H. seconded. Developer Mr. Don Miller stated he had not given an "yes." Patterson moved to send back to Plan Commission, D. Sanders bridge, Taube spoke strongly in favor of the bridge with easement on extension of time for approval. Simmons spoke in opposition of the both subdivisions. D. Sanders spoke in favor of the bridge. In order to avoid a denial, Mr. Miller agreed for an extension of time. Motion to refer to Plan Commission defeated 4-3 with Hilt, Dumke, H. Sanders and Simmons voting "no," and Patterson, D. Sanders, and Taube voting "yes." Resolution #43-91 adopted 4-3, with Hilt, Dumke, H. Sanders, and Simmons voting "yes," and Patterson, D. Sanders, and Taube voting "no. 'I Reso. #77-91 - Awarding of Bid -- Schultz Lane Road Reconstruction Carried. Dumke moved to amend the amount in Paragraph 5 to Project. Dumke moved for reconsideration. Patterson seconded. to Hunter's Nest." Hilt seconded, carried. Resolution #77-91 as $109,208.00 and to add: "and the overlay pavement for the driveway 0 amended adopted 7-0. Ord. #712 - An Ordinance to Repeal and Recreate Chapter 14 of the Municipal Code of the City of Muskego (Flood Plain Ordinance). Common Council Minutes April 23, 1991 Page 3 Second Reading. D. Sanders moved for adoption, Dumke seconded. Carried 7-0. NEW BUSINESS Reso. #El-91 - Approval of Emerald Park Landfill Agreement. Dumke moved for adoption, D. Sanders seconded. Mayor expressed concern about negotiating Committee expenses. EPI Attorney Rudd stated City Attorney expenses will be part of the Negotiating Committee expenses. Mayor stated he was not happy with the County payment provision but did recommend approval. He and County Supervisor Guhr will meet with the Waukesha County Finance Committee. Motion carried 7-0. Reso. #82-91 - Approval of Preliminary Plat (Meadow Green West Addition #3 -- Boehm). D. Sanders moved for adoption, Hilt seconded. D. Sanders noted green space has been deleted and there is no signage. D. Sanders moved to amend to delete reference to an outlot, Hilt seconded. Motion carried with Taube voting "no." Taube were not in favor of a bridge. Survey was presented by Boehm requested hard data of verbal report to Plan Commission that people Resolution #82-91 as amended, adopted 5-2, with D. Sanders and Taube supporting that report. Taube disagreed with its accuracy. voting "no. Reso. #83-91 - Addendum to Resolution Establishing Salaries for Certain City of Muskego Employees for 1991. H. Sanders moved for adoption, Hilt seconded. Carried 7-0. Reso. #84-91 - Denial of Legal Lot Status (Muskego Shores -- Norseth). D. Sanders moved for adoption, Dumke seconded. Carried 7-0. Reso. #85-91 - Authorize Execution of Stipulation and Order (City of Muskego vs. Loebel). D. Sanders moved for adoption, Dumke seconded. Carried 7-0. Reso. #86-91 - Resolution in Support of Muskego Area Lakes Priority Lake Designation. Taube moved for adoption, H. Sanders seconded. Carried 7-0. Reso. #87-91 - Appointment of Citizen to Police and Fire Commission (Blenda Treba). Hilt moved for adoption, Dumke seconded. Carried 7-0. Reso. #88-91 - Approval of Final Plat (Daybreak Subdivision -- Town of Norway). D. Sanders moved for adoption, Patterson seconded. Carried 7-0. Reso. #89-91 - Approval of Final Plat and Subdivider's Agreement (Lake Point Estates -- Kaerek). Dumke moved for adoption, Hilt seconded. Simmons moved to amend the Subdivider's Agreement to add: "Section I.B.3. The cost of installation of storm pipe from Seafarer Pass to Bay Lane Road shall be the responsibility of the City." Taube seconded, carried. Resolution #89-91 as amended adopted 7-0. Common Council Minutes April 23, 1991 Page 4 Reso. #90-91 - Disapproval of Waukesha County Housing Authority Plan. D. Sanders moved for adoption, Dumke seconded. David Cappon appeared requesting the Waukesha County Housing Authority be allowed to establish ten apartment units in the City. Payment of 20% in lieu of taxes would be made to pay for services. Motion to adopt to disapprove request defeated 4-3 with Dumke, H. Sanders, Simmons, and Taube voting “no,“ and Hilt, Patterson, and D. Sanders voting “yes. ‘I Dumke advised he had misunderstood the vote and requested a new roll disapprove was adopted 7-0. call. With no objections, the roll was called again. Motion to Reso. #91-91 - Appointment of Weed Commissioner for the City of Muskego( John Loughney). Dumke moved for adoption, Hilt seconded. Carried 7-0. Reso. #92-91 - Declaring Certain Weeds to be Noxious in the City of Muskego. H. Sanders moved for adoption, Hilt seconded. Carried 7-0. Reso. #93-91 - Appointment to Board of Review (Joseph Flintrop). D. Sanders moved for adoption, Patterson seconded. Carried 7-0. Reso. #94-91 - Appointment of Citizen Members to Board of Appeals (Lloyd Erno, Don Pionek-First Alternate). Simmons moved for adoption, D. Sanders seconded. Carried 7-0. Reso. #95-91 - Appointment of Citizen to Plan Commission (Dorothy Rector). D. Sanders moved for adoption, Hilt seconded. Carried 7-0. Reso. #96-91 - Appointment of Citizen to Parks & Recreation Board (Adele Kehoe). Patterson moved for adoption, Hilt seconded. Carried 7-0. Reso. #97-91 - Appointment of Alderman to Parks & Recreation Board (Daniel Hilt). H. Sanders moved for adoption, Dumke seconded. Carried 7-0. Reso. #98-91 - Appointment of Alderman to Library Board (Harold Sanders). Patterson moved for adoption, Simmons seconded. Carried 7-0. Reso. 899-91 - Approval of Amendment to Subdivider’s Agreement (West Lake Subdivision). Hilt moved for adoption, D. Sanders seconded. Carried 7-0. Reso. #loo-91 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road Reservation (Ferguson). Introduced. It was noted that Resolutions #loo-91 and #101-91 would replace Resolution #71-91 introduced at the April 9, 1991 meeting. Muskego to Discontinue and Vacate a Right-of-way (Ferguson). Reso. #101-91 - Proceedings by the Common Council of the City of Introduced. Common Council Minutes April 23, 1991 Page 5 Reso. #102-91 - Relocation Order of the City of Muskego, Waukesha County, Wisconsin (Marlan Meadows Drainage Project). Hilt moved for adoption, Patterson seconded. Carried 7-0. Reso. #103-91 - Resolution Authorizing the Hiring of an Appraiser and Relocation Expert to Carry Out the Relocation Order Known as Resolution #102-91 (Marlan Meadows Drainage Project). Hilt moved for adoption, Patterson seconded. Carried 7-0. Reso. #104-91 - Resolution to Dissolve Tax Incremental District #l. Hilt moved for adoption, Dumke seconded. Carried 7-0. Meadow Green West Subdivision Addition #2. Hilt moved for adoption Reso. #105-91 - Resolution as to DNR Review of Sewer Extension for to approve, H. Sanders seconded. Hilt moved to amend to change "90 days" to "30 days." Simmons seconded, carried. Resolution #105-91 as amended adopted 7-0. Ord. #713 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-Z/W to 1-1) (Industrial Park -- Andersen). First Reading. Taube requested consideration of developing the entire and requested the Finance Committee to obtain the selling cost from former Nieman property as an addition to the City's Industrial Park the owner. LICENSE APPROVAL Hilt moved for approval of Operator's Licenses subject to favorable police reports for Sharon Subel, Sherl Nelson, Mark LeBlanc. Dumke seconded. Carried. Hilt moved for approval of "Class B" Fermented Malt Beverage & Six). Taube seconded. Carried 7-0. Intoxicating Liquor License for David W. Lyon (Five Will Get You VOUCHER APPROVAL Hilt moved for approval of payment of General Vouchers in the amount of $211,065.69. Dumke seconded. Carried 7-0. Simmons moved for approval of payment of Utility Vouchers in the amount of $900,268.39. D. Sanders seconded. The Clerk was requested to hold Town of Norway check for further review by the Mayor. Carried 7-0. Simmons moved to adjourn at 12:OO A.M. Hilt seconded, carried. Respectfully submitted, an K. Marenda, CMC ..