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ccm19911022COMMON COUNCIL CITY OF MUSKEGO m MINUTES OF MEETING HELD OCTOBER 22, 1991 The meeting was called to order at 8:02 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 October 8, 1991. Dumke seconded. Carried. The City's auditor, Don Vilione, presented 1990 financial summary of Tax Incremental Districts 1-7. COMMITTEE REPORTS H. Sanders presented Finance Committee minutes of meetings held October 16 and October 22, 1991 and moved for acceptance. Hilt seconded. Carried. Simmons presented Public Welfare Committee minutes of meeting held October 10, 1991 and moved for acceptance. Patterson seconded. Carried. Plan Commission minutes of meeting held October 15, 1991 were received and placed on file. UNFINISHED BUSINESS Reso. #239-91 - Direct City Engineer to Prepare Plans & Specs and Bid Out the Southeast Areas Sewer Project #l. Possible reconsideration. With no objections, Dumke spoke on this matter. He stated he had very strong convictions about his district and believed the majority should rule. He had objections to the financing method a motion for reconsideration. No motion received. and to the number of laterals in one developer's land. He requested Ord. #726 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-l/RS-2/8-2/W to RS-3/0PD -- Lake Forest Addn. #l). Second Reading. D. Sanders moved for adoption, Hilt seconded. Taube felt access to County Park should be identified as public access. Mr. Carity offered to build a split-rail fence to delineate the accesses. City or County ownership was discussed. Hilt stated Parks & Recreation Board felt it did not have manpower to maintain. Mayor felt City ownership would allow control by the City. Patch stated 15 acres heavily-wooded. Difficult negotiations have transpired over the location and type of accesses with Waukesha County Park & Planning. Developer requested to obtain approval from County for split-rail fences. Patterson moved to amend Section 3 to change "Resolution #236-91" to "Resolution #271-91." H. Sanders seconded, carried. Ordinance #726 as amended carried 7-0. Common Council Minutes October 22, 1991 Page 2 NEW BUSINESS Reso. #257-91 - Appointment of Citizen Member to Police & Fire Commission -- Bill Martin. Simmons moved for adoption, H. Sanders seconded. Carried 7-0. Reso. #258-91 - Approval of Refund -- Park Dedication Fees (Karah Court). Hilt moved for adoption, Taube seconded. Hilt moved to amend to add to last paragraph "and the closing of the City's purchase of adjoining land for expansion of the Muskego Volunteer amended adopted 7-0. Fire Company." Taube seconded, carried. Resolution #258-91 as Reso. #259-91 - Approval of Application of Wastewater Residue -- A & J Cartage Inc. Patterson moved for adoption, Simmons seconded. Carried 7-0. Reso. #260-91 - Approval of Offer to Purchase -- Muskego Industrial Park Addn - Dalal. Dumke moved for adoption, Hilt seconded. Carried 7-0. Reso. #261-91 - Set Public Hearing Date for 1992 Budget. H. Sanders moved for adoption, Dumke seconded. Carried 7-0. Reso. #262-91 - Approval of Preliminary Plat -- Park Place West. D. Sanders moved for adoption, Simmons seconded. Carried 7-0. Reso. #263-91 - Removed from agenda. Reso. #264-91 - Approval of Subdivider's Agreement and Letter of Credit (Lake Ridge Apartments -- Barker Homes). D. Sanders moved for adoption, Taube seconded. Molter felt that since many changes were defer until next meeting, H. Sanders seconded. Defeated 4-3 with necessary, he did not feel ready for adoption. Patterson moved to Dumke, Patterson, and H. Sanders voting "yes," and Hilt, D. Sanders, Simmons, and Taube voting "no." The consensus was to allow payment permit. Simmons moved to amend Paragraph 3 to add: "With all of the Park Dedication fees at the time of issuance of the building by the Mayor and City Clerk." Taube seconded, carried. Patterson amendments offered by the City Attorney to be reviewed and approved objected to voting on this issue since the Attorney advised against it because of the details to be worked out. Resolution #264-91 as Taube voting "yes, I' and Dumke and Patterson voting "no. I' amended adopted 5-2, with Hilt, D. Sanders, H. Sanders, Simmons and Letter of Credit -- Lake Point Estates West. H. Sanders moved for Reso. #265-91 - Approval of Final Plat, Subdivider's Agreement, and . adoption, Dumke seconded. D. Sanders moved to amend Agreement, Section 11, to delete: "the City directs otherwise," and add: "an earlier date is provided herein;" and to amend Agreement, Section seconded, carried. Hilt moved to amend first paragraph of Section XI 111, to add: "bike path" to the described improvements. Taube to read as follows: "The developer shall be allowed to construct no more than two (2) model homes. It is expressly understood and agreed Common Council Minutes October 22, 1991 Page 3 that no occupancy permits shall be issued either for the said model homes and no building permits or occupancy permits shall be issued for any other homes until the City's Engineers have determined / that:" D. Sanders seconded. Carried 7-0. Resolution #265-91 as amended adopted 7-0. Reso. #266-91 - Approval of Final Plat, Subdivider's Agreement, and Letter of Credit -- Country Brook Estates. Simmons moved for adoption, D. Sanders seconded. Simmons moved to amend Agreement, referred to in Resolution #265-91, Section XI. Subsections A and B Section XI1 Paragraph 1, to read the same as amended paragraph to also read the same as in Resolution #265-91. Taube seconded, carried. Carried 7-0. Resos. #267-91 and #268-91 - Approval of Certified Survey Map, Subdivider's Aqreement, and Letter of Credit. Simmons moved for adoption, Hilt-seconded. Simmons moved to amend Agreement, Section XI Paragraph 1, to read the same as amended paragraph referred to in Resolution #265-91; and to amend Section I1 to delete "unless the City directs otherwise" and replace with "unless an earlier date is provided herein." Hilt seconded, carried. Resolutions #267-91 and #268-91 as amended adopted 7-0. Reso. #269-91 - Award of Bid -- Reroofing Parks Garage Building. Hilt moved for adoption, H. Sanders seconded. Carried 7-0. Reso. #270-91 - Authorize Execution of Letter of Intent and Easement -- WI Natural Gas Company. Hilt moved for adoption, Dumke seconded. Carried 7-0. Reso. #271-91 - Approval of Final Plat, Subdivider's Agreement, and Letter of Credit -- Lake Forest Addn. #l. Dumke moved for adoption, H. Sanders seconded. D. Sanders moved to amend Agreement, Section XII, to read the same as amended paragraph referred to in Resolution #265-91. Taube seconded, carried. D. Sanders moved to amend Section V(E) to add: "as amended" and to amend the First Supplemental Amended & Restated Declaration of Restrictions, Paragraph B.l., to delete the duplicated phrase of: "the County of Waukesha becomes an owner of any lot through tax delinquency process" and to add seconded, carried. Resolution #271-91 as amended adopted 7-0. immediately following that phrase: "the City and the." Taube Reso. #272-91 - Approval of Sewer Connections -- Waterfield Park. Hilt moved for adoption to "approve," D. Sanders seconded. Carried 7-0. Reso. #273-91 - Approval of Sewer Connections -- Settler's Creek. Hilt moved for adoption to "approve," Simmons seconded. Carried 7-0. Resos. #274-91 and #275-91 - Resolution as to Water Assessment of Graves Propertv. Hilt moved for adoption, D. Sanders seconded. Carried 7-0. - Reso. #276-91 - Removed from the agenda. - Common Council Minutes October 22, 1991 Page 4 Ord. #727 - An Ordinance to Amend the Zoning Map of the City of Muskego (RSM to RSWOPD -- Barker Homes). First Reading. Simmons moved to suspend rules to allow second reading, Taube seconded. Carried 5-2 with Hilt, D. Sanders, H. Sanders, Simmons, and Taube voting “yes,“ and Dumke and Patterson voting “no. I’ Second Reading. D. Sanders moved for adoption, Taube seconded. Carried 6-1 with Patterson voting “no. ‘I LICENSE APPROVAL Hilt moved for approval of Operator‘s Licenses subject to favorable police reports for JoAnn Jackelen. Dumke seconded, carried. VOUCHER APPROVAL Hilt moved for approval of payment of General Vouchers in the amount of $107,430.36. H. Sanders seconded. Carried 7-0. Simmons moved for approval of payment of Utility Vouchers in the amount of $121,886.89. D. Sanders seconded. Carried 7-0. Clerk announced Committee of the Whole would review Budget on Wednesday, October 23, 1991 at 7:OO PM. Also announced a petition received from Wendi Wauer-Pipkorn to rezone property in Section 16 from RS-2 to RS-Z/OD to construct a duplex. Hearing to be held November 12, 1991 at 7:25 PM. Mayor announced bargaining team for union negotiations would continue to be Aldermen Dumke and H. Sanders. He also presented a health insurance update. Dumke moved to adjourn at 12:05 AM. Taube seconded, carried. Respectfully submitted, Je’dn K. Marenda, CMC City Clerk cac .. ..