ccm19911112COMMON COUNCIL
CITY OF MUSKEG0
e MINUTES OF MEETING HELD NOVEMBER 12, 1991
The meeting was called to order at 7:35 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 22, 1991. Dumke seconded. Carried.
COMMUNICATION FROM THE MAYOR'S OFFICE
Mayor announced appointment of Gordon Jacobson, Adele Kehoe, Alderman
Hilt and himself to City-School Planning Committee, which was formed
as a result of the joint meeting with the School Board, to review
Department arrangement with the school district.
lease agreements and other concerns regarding the Parks h Recreation
Taube moved to convene in closed session pursuant to §19.85(l)(c),
Considering employment, promotion, compensation or performance
body has jurisdiction or exercises responsibility, more specifically
evaluation data of any public employee over which the governmental
as to Director of Planning Department Candidate. As to these
matters, formal action may be taken in Closed Session. The Common
Council will then reconvene into Open Session for consideration of
Resolution #277-91. Patterson seconded. Carried 7-0.
Council reconvened in Open Session.
Reso. #277-91 - Removed from agenda.
Hilt moved to convene in closed session pursuant to $19.85(1)(g),
Conferring with legal counsel for the governmental body who is
rendering oral or written advice concerning strategy to be adopted by
the body with respect to litigation in which it is or is likely to
become involved, more specifically as to Wuerl, et al. v. City of
Muskego. As to these matters, formal action may be taken in Closed
Session. The Council will then reconvene into Open Session for
continuation of agenda items. Dumke seconded. Carried 7-0.
Council reconvened in open session.
COMMITTEE REPORTS
H. Sanders presented Finance Committee minutes of meetings held
Carried.
November 6 and 12, 1991 and moved for acceptance. Hilt seconded.
October 24, 1991 and moved for acceptance. Dumke seconded. Carried.
Simmons presented Public Works Committee minutes of meeting held
Simmons presented Public Safety Committee minutes of meetings held
seconded. Carried.
October 29, November 4 and 7, 1991 and moved for acceptance. Taube
Common Council Minutes
November 12, 1991
Page 2
D. Sanders presented Public Welfare Committee minutes of meeting held
October 31, 1991 and moved for acceptance. Patterson seconded.
Patterson noted cards have been mailed to all residences for
determined that if cards are lost, no free bin may be obtained, but
redemption for recycling bin at the distribution centers. It was
they may be sold. Carried.
if there are excess containers at the end of the distribution period,
UNFINISHED BUSINESS
Reso. #259-91 - Approval of Application of Wastewater Residue -- A
h J Cartage Inc. Patterson moved for reconsideration, Simmons
seconded. Carried 7-0. Patterson moved to amend to change
expiration date from December 31, 1991 to June 1, 1992. D. Sanders
seconded. Carried. Resolution #259-91 as amended adopted 7-0.
NEW BUSINESS
Reso. #278-91 - Resolution Combining Wards for Election Purposes.
H. Sanders moved for adoption, Taube seconded. Carried 7-0.
Reso. #279-91 - Appointment of Citizen Member to Board of Appeals
(Robert A. Vitt). D. Sanders moved for adoption, Simmons seconded.
Carried 7-0.
Reso. #280-91 - Approval of Certified Survey Map -- Hansen. D.
Sanders moved for adoption, Taube seconded. Carried 7-0.
Reso. #281-91 - Proceedings by the Common Council to Discontinue
and Vacate a Road Right-of-way in the City of Muskego, Wisconsin
(Ferguson). Introduced. Hearing to be held January 14, 1992.
Reso. #282-91 - Disallowance of Claim (Orlando). Hilt moved for
adoption, H. Sanders seconded. Carried 7-0.
City of Muskego (Neutered or Spayed Dog: $5.00; Intact Male or
Reso. #283-91 - Resolution Establishing Dog License Fees in the
Female Dog: $10.00; Kennels (First 12 Dogs): $40.00). Dumke moved
for adoption, H. Sanders seconded. Carried 7-0.
Reso. #284-91 - Resolution Amending the City of Muskego Employee
Deferred Compensation Plan. Hilt moved for adoption, Dumke
seconded. Carried 7-0.
Reso. #285-91 - Approval of Preliminary Plat -- Waterfield Park.
D. Sanders moved for adoption, Dumke seconded. Carried 7-0.
Reso. #286-91 - Authorize Expenditure of Recycling Funds.
Patterson moved for adoption, D. Sanders seconded. Patterson moved
to amend to add “Be it further resolved that the Chairman of the
Public Welfare Committee, in consultation with the Department of
Public Works Superintendent, may authorize additional expenses for
asphalt at the Stone Ridge Recycling Center, magnet postage, and
other approved Welfare Committee expenses up to $250, provided such
Common Council Minutes
November 12, 1991
Page 3
a
expenditures do not exceed the expedited state recycling grant." D.
Sanders seconded. Carried. Resolution #286-91 as amended adopted
7-0.
Reso. #287-91 - Approval of Certified Survey Map -- Whitehouse. D.
Sanders moved for adoption, Hilt seconded. Carried 7-0.
Reso. #288-91 - Approval of Certified Survey Map -- Okupniak. D.
Sanders moved for adoption, Taube seconded. Carried 7-0.
Reso. #289-91 - Approval of Certified Survey Map -- Paepke. D.
Sanders moved for adoption, Taube seconded. It was noted the Public
Works Committee would determine if a policy should be created to
provide notification in writing to property owners that once a road
amend to add a third paragraph: "Whereas, the Common Council wishes
is resurfaced it cannot be opened for five years. Taube moved to
to approve the Certified Survey Map at this time with the
determined by the Public Works Committee if it is requested to be
understanding that the ability to open-cut the road must be
open-cut prior to January 1, 1993"; and to add a last paragraph: "Be
road shall be made a part of the Certified Survey Map." D. Sanders
it further resolved that the restriction on the open-cutting of the
seconded, carried. Resolution #289-91 as amended adopted 7-0.
Reso. #290-91 - Authorize Execution of Addendum to agreement for
Architectural Services (Muskego Volunteer Fire Company). Hilt moved
for adoption, Taube seconded. Taube moved to amend Paragraph 2, Line
6, to insert "both" between "and shall" and to amend Line 7 to insert
"actual or projected" between "the project" and to make same
amendment to Paragraph 7 and to add "Be it further resolved that the
Mayor is authorized only to proceed with the work to be done by PSI,
Losik, and Giles Engineering if a contract with JC Development is
accepted for the purchase of the real estate in question. Be it
further resolved that the Mayor may contract on behalf of the City
for work purposed by Giles Engineering with another similar company
if the amount of the cost is less and meets the requirements of the
architect." Patterson seconded, carried. Resolution #290-91 as
amended adopted 6-1 with Taube voting "no.".
Reso. #291-91 - Establishing Traffic Regulations. Hilt moved for
adoption, Taube seconded. Carried 7-0.
Reso. #292-91 - Award of Bid -- Public Works Garage Addition.
Dumke moved for adoption, Simmons seconded. Simmons moved to amend
Paragraph 2, Line 8, after "$1,700" to add: "and replacing the
existing roofing for $51,642 for a total cost of $716.027" and to
make same amendment to Paragraph 3. Carried 7-0. ' Resolution #292-91
as amended adopted 7-0.
~,~~~ ~~~~~ ~ ~
Reso. #293-91 - Resolution as to Sewer Assessment of Spitzner
Property. Simmons moved for adoption, Hilt seconded. Carried 7-0.
Reso. #294-91 - Resolution as to Water Assessment of Spitzner
Property. Hilt moved for adoption, D. Sanders. Carried 7-0.
Common Council Minutes
November 12, 1991
Page 4
Reso. #295-91 - Authorizing Execution of Agreement Between City of
Muskego and Muskego Volunteer Fire Company. Hilt moved for adoption,
Dumke seconded. Hilt moved to amend agreement to change all
reference of "department" to "company"; to amend #4 to delete "free
and clear of all encumbrances except for mechanic's liens and other
business"; and to amend #5 to delete "The company shall maintain and
liens which have attached to property through the ordinary course of
property, whether solely or jointly owned, and shall make all repairs
keep in good repair and sound condition all real and personal
necessary to maintain the condition of the same." H. Sanders
seconded. Simmons and Taube objected to removing language which
protects the City legally as advised to be included by the City
Attorney. Mayor spoke in favor of the agreement to simply allow the
property to revert to the City in the event of the cease of operation
of MVFC. Motion carried 5-2 with Simmons and Taube voting "no."
discussion, Hilt called for the question. With no objections, the
Fire Chief Pickart explained the position of the MVFC. After much
roll was called and Resolution #295-91 as amended was adopted 7-0.
Ord. #728 - An Ordinance to Establish Aldermanic District
Boundaries in the City of Muskego. First Reading. Simmons moved to
suspend rules to allow second reading, D. Sanders seconded. Carried
adoption, H. Sanders seconded. Carried 6-1 with Dumke voting "no."
6-1 with Dumke voting "no." Second Reading. Simmons moved for
Ord. #729 - An Ordinance to Amend Chapter 1.09 of the Municipal
Code of the City of Muskego (Elections). First Reading. Simmons
moved to suspend rules to allow second reading, D. Sanders seconded.
Carried 7-0. Taube moved for adoption, D. Sanders seconded. Carried
7-0.
LICENSE APPROVAL
Hilt moved for approval of Operator's Licenses subject to favorable
police reports for Joseph Rozek, Dean E. Schweitzer, and Brian J.
Yager. Dumke seconded, carried.
VOUCHER APPROVAL
Hilt moved for approval of payment of General Vouchers in the amount
of $1,484,856.40. H. Sanders seconded. Carried 7-0.
Simmons moved for approval of payment of Utility Vouchers in the
amount of $220,871.32. Hilt seconded. Carried 7-0.
Clerk announced that a Public Hearing will be held on Tuesday,
November 26, 1991 to consider petition from Wendi Wauer-Pipkorn to
rezone property in Section 16 from RS-2 to RS-A to construct a duplex.
Patterson reminded everyone that recycling containers can be picked
up at the Stone Ridge Recycling Center from 8 AM to 12 Noon on
Society barn on Racine Avenue at the Old Muskego Settlement Center
Saturday, November 16 and December 7 and at the Muskego Historical
from 2 - 5 PM on November 18, 25, and December 2 and from 11 AM - 2
Common Council Minutes
November 12, 1991
Page 5
PM on Saturday, November 23 and 30. The card that was mailed must be
presented for redemption.
Dumke responded to a letter from Scott Krause sent to the people in
his district regarding the sewers in the Southeast area of the City.
Hilt moved to adjourn at 11:50 PM. H. Sanders seconded, carried.
Respectfully submitted,
an K. Marenda, CMC
cac
Uity Clerk
.. ..
TOTAL