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ccm19910924COMMON COUNCIL CITY OF MUSKEG0 MINUTES OF MEETING HELD SEPTEMBER 24, 1991 The meeting was called to order at 8:OO P.M. by Mayor Salentine. Also present were Aldermen Dumke, Hilt, Patterson, D. Sanders, H. Sanders, Simmons, and Taube, City Clerk Marenda and Attorney Molter. Hilt moved for approval of the Common Council minutes of meeting held September 10, 1991. Dumke seconded. Carried. A Notice of Closed Session to follow Miscellaneous Business was announced by Mayor Salentine. COMMITTEE REPORTS H. Sanders presented Finance Committee minutes of meetings held Carried. Noted that the Krause developer‘s agreement referred to was September 18 and 24, 1991 and moved for acceptance. Hilt seconded. actually a financing agreement. Taube presented Rules, Laws, & Ordinance Committee minutes of meeting held September 12, 1991 and moved for acceptance. Patterson seconded. Carried. Patterson presented Public Safety Committee minutes of meeting held September 12, 1991 and moved for acceptance. Taube seconded. Carried. D. Sanders presented Public Welfare Committee minutes of meeting held Carried. September 18, 1991 and moved for acceptance. Patterson seconded. D. Sanders presented Public Utilities Committee minutes of meeting held September 19, 1991 and moved for acceptance. Simmons seconded. Reference to Krause “subdivider’s agreement“ should be a “financing agreement.” Hilt requested separate consideration of last paragraph moved to refer Linnie Lac paragraph back to Committee for further on Linnie Lac sewers. Minutes without said paragraph adopted. Hilt review. D. Sanders seconded. Carried. Plan Commission minutes of meeting held September 17, 1991 were received and placed on file. UNFINISHED BUSINESS Muskego to Discontinue and Vacate a Right-of-way (Karah Court). Hilt Reso. #195-91 - Proceedings by the Common Council of the City of moved for adoption, Dumke seconded. It was noted the offer to purchase has not been signed by JC Development. Taube expressed concern about the stabilization of soils in the area for erosion control. Attorney Molter stated this vacation does not take place until after the City closes on the purchase of this property. Mayor noted he assumed there is an erosion control permit on this property and it is the responsibility of the Building Inspection Department to enforce. Taube questioned the 25 original boat slips which were approved in connection with the original business structure to be placed on this property. Taube moved to defer to obtain opinion from Attorney Molter on the 25 boat slips. Patterson seconded. Motion Common Council Minutes September 24, 1991 Page 2 defeated 1-6, with Taube voting "no." Hilt moved to amend second paragraph before "to wit" to add: "contingent on the closing of the purchase of the land known as JC Development on or before May 1, 1992 or this Resolution is null and void and of no effect" and to delete the last paragraph. H. Sanders seconded. Carried 6-1, with Taube voting "no." Resolution #195-91 as amended adopted 6-1, with Taube voting "no. 'I NEW BUSINESS Reso. #231-91 - Honoring Muskego's AFS Student -- Lilja Carried 7-0. Resolution presented to Lilja. Snorradottir. Dumke moved for adoption, D. Sanders seconded. Reso. #232-91 - Honoring Muskego's AFS Student -- Tom Frojdman. H. Sanders moved for adoption, Taube seconded. Carried 7-0. Resolution presented to Tom. Reso. #233-91 - Authorizing Approval of Cancellation Agreement (Industrial Park Addn -- RJ Mueller Enterprises). Dumke moved for adoption, H. Sanders seconded. Carried 7-0. Reso. #234-91 - Appointment of School Representative to Library Board (Robert Rammer). Patterson moved for adoption, D. Sanders seconded. Carried 7-0. Reso. #235-91 - Authorize Distribution of Tax Incremental District #1 Funds. Hilt moved for adoption, Dumke seconded. Carried 7-0. Reso. #236-91 - Removed from agenda Reso. #237-91 - Designating Halloween Trick or Treat Hours (Sunday, October 27, 1:OO-4:00 PM). Patterson moved for adoption, D. Sanders seconded. Carried 7-0. Capacity Assessment for Debt Service for Sewer Service Under Reso. #238-91 - Final Resolution Authorizing Area-Wide Reserve S66.60, Wisconsin Statutes, and Levying Reserve Capacity Assessments only. Attorney Molter referred to Paragraph 7, which indicated the (RCA) Against Benefited Property. Reviewed for discussion purposes approval was contingent on the City entering an agreement and if not done, the final resolution would be null and void. He stated his research showed that because of the wording of the special assessment statutes, he had some concerns about adopting this in this way and work out an agreement with the developer to finance the sewer work as felt it would be better not to act at this time but to attempt to rapidly as possible and to place the final resolution back on the Dumke requested postponing this matter for two weeks in order to agenda at the same time that the approval of the agreement is on. allow him time to send a postcard to the affected property owners since he wished to vote with the majority. Resolution #238-91 removed from the agenda. Reso. #239-91 - Direct City Engineer to Prepare Plans & Specs and Bid Out the Southeast Areas Sewer Project #l. Hilt moved for adoption, Simmons seconded. Dumke expressed concern about the cost of interest on the $2.3 million. Dumke moved to defer for two Common Council Minutes September 24, 1991 Page 3 weeks. Taube seconded. Patterson made the following comments: This project is 2-3 times the size of the Terra Development project, we‘re talking about a 10-year commitment, a commitment to one developer, 25-50% of entire City‘s growth over the next ten years, figures based on the 10-year plan going the way it should, and one of the major concerns is growth getting out of hand in the City; we‘ve talked about management of growth but once sewer comes there, more development will follow. He stated he would like to keep a manageable growth in Muskego. Hilt stated he liked controlled growth but has concern about citizens in the City because this area has a would not be available without the assistance of the developer. severe need for sewers because of failing septic systems and sewers Taube discussed the current number of living units in Muskego, the fact that we‘re close to Milwaukee and prime for development. He discussed 1,500 approved connections on the books with vacant land in the existing sewer service area; the demographics of the City, and lack of school space due to mandated programs and development in the past several years. The Mayor disputed Taube‘s student population numbers. The motion to defer carried 7-0. Reso. #240-91 - Determination of Park Dedication Fees for Lake Forest Apartments. It was felt no resolution might be necessary because subdivider’s agreement approved on December 11, 1990 required payment of park dedication fees and fees in effect were $200 per unit. Because they have not yet been paid, the question was current fees are now $400 and what is required to be paid today. Simmons stated he was concerned about the stand pipe and siltation trap that have not been installed. In order to resolve this issue, Mr. Patch and Mr. Carity will be invited to the Public Works Committee meeting on September 26, 1991 to discuss. It was decided to place Resolution #240-91 on the floor. Simmons moved for adoption, H. Sanders seconded. Simmons moved to amend to add Paragraph 4 to read: “Whereas, it appears that Park Dedication fees should have been collected at the time of execution of the subdivider‘s agreement as to 104 units” and to amend the last paragraph to add: “...for this phase only with payment to be made by the fifth working day, which is Tuesday, October 1, 1991 at 4:30 PM, and if the fee is not paid by that date, the Park Dedication fee shall be the Park Dedication fee given to the developer by the Clerk on September 25, 1991.” D. in effect at the time of payment. Notice of this Resolution shall be Sanders seconded. Carried 5-2, with Patterson and Taube voting Taube voting “no. ‘I “no.“ Resolution #240-91 as amended adopted 5-2, with Patterson and Reso. #241-91 - Approval of Preliminary Plat (Creekside Meadows Subdivision -- City of Muskego and Town of Norway. D. Sanders moved for adoption, Hilt seconded. Carried 7-0. Reso. #242-91 - Authorize Expenditure of Recycling Funds. Patterson moved for adoption, Simmons seconded. Carried 7-0. Hilt moved for adoption, H. Sanders seconded. Carried 7-0. Reso. #243-91 - Approval of Agreement for Public Snowmobile Trail. moved for adoption, Hilt seconded. Hilt moved to amend last Reso. #244-91 - Establish Salaries for Elected Officials. Dumke paragraph to read: “Life insurance in an amount that is the same as Common Council Minutes September 24, 1991 Page 4 other non-represented employees for the Assessor, Clerk/Comptroller, amended adopted 7-0. and Treasurer." Dumke seconded, carried. Resolution #244-91 as Municipal Code of the City of Muskego Regarding Electrical Code Ord. #724 - An Ordinance to Amend Chapter 15, Section 15.12, of the (Examining Board, Licenses and Certificates). First Reading. Ord. #725 - An Ordinance to Amend Chapter 20, Section 20.01, of the Municipal Code of the City of Muskego Regarding Boating Laws. First Reading. Ord. #726 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-l/RS-Z/B-Z/W to RS-3/0PD -- Lake Forest Addn. #l). First Reading. LICENSE APPROVAL Hilt moved for approval of Operator's Licenses subject to favorable police reports and the completion of the Responsible Beverage Markunas. Dumke seconded, carried. Server's Course for Cassandra Armstrong, Helen Just, and Mark Hilt moved for approval of Special Dance Permit and extension of time to midnight for Hunter's Nest on October 26, 1991. H. Sanders seconded, carried. VOUCHER APPROVAL Hilt moved for approval of payment of General Vouchers in the amount of $694,194.75. Dumke seconded. Carried 7-0. Simmons moved for approval of payment of Utility Vouchers in the amount of $31,509.42. D. Sanders seconded. Carried 7-0. Hilt moved to go into closed session pursuant to §19.85(l)(e), Deliberating or 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 as to the expansion of Stone Ridge Recycling & Disposal Facility and the Metro Landfill. As to these matters, formal action may be taken in Closed Session. The Council will then reconvene into Open Session for the purpose of Adjournment. Patterson seconded, carried 7-0. The Council then reconvened into Open Session. Hilt moved to adjourn at 11:55 PM. Simmons seconded, carried. Respectfully submitted, K. Marenda, CMC ity Clerk .. ..