ccm19920114COMMON COUNCIL
CITY OF MUSKEG0
MINUTES OF MEETING HELD JANUARY 14, 1992
The meeting was called to order at 8:35 P.M. by Mayor Salentine.
Also present were Aldermen Dumke, Hilt, Patterson, D. Sanders, H.
Sanders, Simmons, and Taube, City Clerk Marenda, Deputy City Clerk
Cichocki and Attorney Molter (excused at 11:07 PM). NO one was
absent.
Hilt moved for approval of the Common Council minutes of meeting held
December 10, 1991. Dumke seconded. Carried.
Notice of Closed Session was announced by the Mayor. Hilt moved to
convene into closed session pursuant to §19.85(l)(e), Deliberating
or negotiating the purchasing of public properties, the investing or
public funds, or conducting other specified public business, whenever
competitive or bargaining reasons require a closed session, more
matters, formal action may be taken in Closed Session. The Council
specifically as to Stone Ridge Landfill agreement. As to these
will then reconvene into Open Session for continuation of agenda
items. D. Sanders seconded. Carried 7-0.
Council reconvened into Open Session.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Appointment of members to the City Hall Facilities Study Committee
was delayed until preliminary discussions are held and
recommendations can be made by affected Department Heads.
COMMITTEE REPORTS
H. Sanders moved for acceptance of Finance Committee minutes of
meetings held December 18, 1991 and January 8, 1992. Hilt seconded.
Carried 7-0. H. Sanders presented Finance Committee minutes of
meeting held January 14, 1992 and moved for acceptance. Hilt
seconded. Carried.
D. Sanders moved for acceptance of Public Welfare Committee minutes
of meeting held December 18, 1991. Patterson seconded. Carried.
Simmons moved for acceptance of Public Utilities Committee minutes of
meeting held December 19, 1991. Hilt seconded. Carried.
meetings held December 12, 1991 and January 9, 1992. H. Sanders
Patterson moved for acceptance of Public Safety Committee minutes of
seconded. Carried 6-1 with Taube voting "no."
Patterson moved for acceptance of Rules, Laws, ti Ordinance Committee
minutes of meetings held December 12, 1991 and January 9, 1992.
Simmons seconded. Carried.
January 7, 1992 were received and placed on file.
Plan Commission minutes of meetings held December 17, 1991 and
Common Council Minutes
January 14, 1992
Page 2
UNFINISHED BUSINESS
Muskego to Discontinue and Vacate a Road Right-of-way in the City of
Reso. #281-91 - Proceedings by the Common Council of the City of
Muskego (Ferguson). Introduced 11/12/91. Hilt moved for adoption.
D. Sanders seconded. Carried 7-0.
Reso. #321-91 - Approval of Contract Between the City of Muskego
and Waste Management -- Stone Ridge Landfill Expansion. Deferred
the Mayor and Clerk are only authorized to execute said landfill
12/10/91. Taube moved to amend to add "Be it further resolved that
agreement if the Mayor is satisfied that the two contracts as to
Stone Ridge I and Stone Ridge I1 have been properly dated and signed
Management of Wisconsin, Inc. and that the City has received a
by all necessary parties including, but not limited to, Waste
certified copy of a corporate resolution permitting the appropriate
officer of Waste Management of Wisconsin, Inc. to execute said
contracts" and "Be it further resolved that the Mayor and Clerk are
not authorized to execute said contracts until the City has received
an executed original of the Indemnification Agreement which is
attached to the contracts and marked Exhibit E, fully executed and
America, Inc. and Waste Management of Wisconsin, Inc. and after
dated by the appropriate representatives of Waste Management of North
Waste Management of North America, Inc. and Waste Management of
receipt of the appropriate resolutions of the Board of Directors of
Wisconsin, Inc. authorizing the execution of said agreement and a
certified copy of a corporate resolution of Waste Management of North
America, Inc. and Waste Management of Wisconsin, Inc. permitting the
officers of said corporations who execute said Indemnification
Agreement to execute the same, all to the satisfaction of the Mayor
in consultation with the City Attorney." D. Sanders seconded.
Carried 7-0. Resolution #321-91 as amended adopted 7-0.
Ord. #730 - An Ordinance to Amend the Zoning Map of the City of
Muskego (RS-2 to RSA -- Wauer-Pipkorn). Second Reading. D. Sanders
moved to amend to add "and recording of deed restriction to limit the
number of dwelling units on this parcel to two (2)." Simmons
seconded. Carried 4-3 with Hilt, D. Sanders, H. Sanders and Simmons
voting "yes" and Dumke, Patterson, and Taube voting "no." Ordinance
#730 as amended adopted 4-3 with Hilt, D. Sanders, H. Sanders and
Simmons voting "yes" and Dumke, Patterson, and Taube voting "no."
NEW BUSINESS
Reso. #1-92 - Approval to Correct Cleaning Service Contract -- Dan
Plautz Cleaning Service. Dumke moved for adoption. H. Sanders
seconded. Carried 7-0.
Reso. #2-92 - Awarding of Bid (Lake Denoon Sediment Removal Project
-- Krause Excavating). D. Sanders moved for adoption. Taube
seconded. Carried 7-0.
JC Development/Cherek/Gardetto and JC Development/City of Muskego/
Reso. #3-92, #4-92, #5-92 - Approval of Certified Survey Maps for
Muskego Volunteer Fire Company. D. Sanders moved for adoption, Hilt
Common Council Minutes
January 14, 1992
Page 3
seconded. Taube moved to overrule parliamentarian to be allowed to
abstain from voting. Defeated 1-6 with Taube voting "yes," and
Dumke, Hilt, Patterson, D. Sanders, H. Sanders, and Simmons voting
"no." Resolutions #3-92, #4-92, and #5-92 adopted 6-1 with Taube
voting "no. 'I
Reso. #6-92 - Approval of Certified Survey Map -- Ferguson. D.
Sanders moved for adoption, H. Sanders seconded. Carried 7-0.
Reso. #7-92 - Approval of Certified Survey Map -- Ferguson. D.
Sanders moved for adoption, Simmons seconded. Carried 7-0.
Reso. #8-92 - Approval of Amendment to Offer to Purchase -- Muskego
Industrial Park (Dalal). Hilt moved for adoption, Dumke seconded.
Carried, with Taube voting "no."
Reso. #9-92 - Authorize the City to Request Funds From the
Community Development Block Grant (CDBG) Program Through Waukesha
County. Simmons moved for adoption, H. Sanders seconded. Carried.
Reso. #lo-92 - Removed from agenda.
Reso. #11-92 - Re-Approval of Certified Survey Map -- Fischer (Ace
Glass). D. Sanders moved for adoption, Simmons seconded. Carried
7-0.
Reso. #12-92 - Approval of Certified Survey Map -- Aiuppa. D.
Sanders moved for adoption, Simmons seconded. Simmons moved to amend
division" and add "2-parcel division and road dedication"; and to add
Paragraph 1-Line 2 and Paragraph 3-Line 4 to delete "3-parcel
a new fourth paragraph "Be it further resolved that the Certified
but as a part of Parcel 1." Patterson seconded. Resolution #12-92
Survey Map will be amended to show Parcel 3 not as a separate parcel
as adopted carried 7-0.
Reso. #13-92 - Removed from agenda.
Reso. #14-92 - Approval to Remove Parkland Restriction for Lakeview
Highlands Addn. #1 Preliminary Plat. D. Sanders moved for adoption,
Simmons seconded. Carried 6-1 with Taube voting "no."
Reso. #15-92 - Preliminary Resolution Declaring Intent to Exercise
Special Assessment Police Powers Under S66.60 WI Statutes as to
Sanitary Sewer Assessment Area for Highway L West to Crowbar Drive
Sewer Project (Project EISS-1-92; Assessment District "SE"). D.
Sanders moved for adoption, Hilt seconded. Carried with Taube voting
"no. I'
Reso. #16-92 - Resolution as to Compliance With State Regulations
As To Sewer User Charges for 1993. Hilt moved for adoption, Dumke
H. Sanders voting "yes," and Simmons and Taube voting "no. "
seconded. Carried 5-2 with Dumke, Hilt, Patterson, D. Sanders, and
Reso. #17-92 - Direct City Engineers to Prepare Plans & Specs and
Bid Out Project -- Woods Road West of Woodside Estates Water Project
Page 4 Common Council Minutes
January 14, 1992
adoption, Hilt seconded. Carried 6-1, with Taube voting "no." (Project MW-13-92; Assessment District "WL"). D. Sanders moved for
Reso. #18-92 - Amendment as to Spitzner Property Proration
Resolutions #293-91 (Sewer) and #294-91 (Water). Hilt moved for
adoption, D. Sanders seconded. Carried 7-0.
Approve the Concept of RS-Z/OPD Zoning (Kaerek Builders -- Denoon
Reso. #19-92 - Resolution Indicating City's Present Intent to
moved to amend to add "Be it further resolved that this deferral is
Point Estates). D. Sanders moved for adoption, Hilt seconded. Taube
with the agreement of the petitioner." Patterson seconded. Carried
6-1 with Taube voting "no." D. Sanders moved to amend to add "Be it
further resolved that an approximate 2-acre siltation pond shall be
located on City property with the cost to be the responsibility of
the developer and be constructed 7-8' deep to support fish life."
Patterson seconded. Carried 7-0. Resolution #19-92 as amended
adopted 7-0.
Reso. #20-92 - Authorize Expenditure of Funds for Industrial Park
Promotion. H. Sanders moved for adoption, Hilt seconded. Carried
4-3 with Hilt, D. Sanders, H. Sanders, and Simmons voting "yes" and
Dumke, Patterson, and Taube voting "no."
Notice of closed session was announced by the Mayor. Hilt moved to
convene 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 as to labor
Closed Session. The Council will then reconvene into Open Session
negotiations. As to these matters, formal action may be taken in
for continuation of agenda items. H. Sanders seconded. Carried 7-0.
Council reconvened into Open Session.
Reso. #21-92 - Authorize Execution of the 1992 Labor Agreement
Between the Public Works Department and the City of Muskego. Dumke
moved for adoption, H. Sanders seconded. Carried 7-0.
Reso. #22-92 - Authorize Execution of the 1992 Labor Agreement
Between the Muskego Police Association and the City of Muskego. H.
Sanders moved for adoption, Dumke seconded. Carried 7-0.
Reso. #23-92 - Approval of Personnel Code for Management and Other
Non-Represented Employees of the City of Muskego. Dumke moved for
adoption, H. Sanders seconded. Carried 7-0.
Ord. #732 - An Ordinance to Amend Chapter 7, Section 7.06, of the
Municipal Code of the City of Muskego (Weight Limitations). First
Reading. Simmons moved to suspend rules to allow second reading.
Patterson seconded. Carried 6-1 with D. Sanders voting "no." Second
reading. Simmons moved for adoption and for immediate implementation
upon publication, Patterson seconded. Carried 7-0.
Common Council Minutes
January 14, 1992
Page 5
Ord. #733 - An Ordinance to Amend Chapter 16 to Add Section 16.205
Drain Tiles). First Reading. Simmons moved to suspend rules to
to the Municipal Code of the City of Muskego (Disturbance of Field
allow second reading. Taube seconded. Carried 7-0. Second
reading. Taube moved for adoption, Simmons seconded. Carried 7-0.
Ord. #734 - An Ordinance to Amend Chapter 21, Section 21.04(7) and
Section 21.06(5), of the Municipal Code of the City of Muskego (Sewer
Utility). First Reading. Hilt moved to suspend rules to allow
second reading. Patterson seconded, Carried 7-0. Second reading.
Hilt moved for adoption, Simmons seconded. Carried 7-0.
Ord. #735 - An Ordinance to Amend the Zoning Map of the City of
Muskego (RS-1 to B-1 -- Hollenstein). First Reading. Simmons moved
to suspend rules to allow second reading. Patterson seconded.
Carried 7-0. Second reading. Simmons moved to deny rezoning. Hilt
seconded. Carried 7-0. Simmons moved that the City re-petition to
rezone the property to RS-l/OOS. D. Sanders seconded. Carried 7-0.
Ord. #736 - An Ordinance to Amend the Zoning Map of the City of
Muskego (RS-l/L to RS-l/L/OPD -- Country Brook Estates/Miller).
First Reading. Simmons moved to suspend rules to allow second
reading. Taube seconded. Carried. Second reading. Taube moved for
adoption, Simmons seconded. Carried 7-0.
Ord. #737 - An Ordinance to Amend Chapter 13, Section 13.01(3)2.,
of the Municipal Code of the City of Muskego (Licensing and
Regulation Of Animals). First Reading. Patterson moved to suspend
rules to allow second reading. Taube seconded. Carried 7-0. Second
reading. Patterson moved for adoption, D. Sanders seconded. Carried.
Ord. #738 - An Ordinance to Amend Chapter 3, Section 3.10, of the
Municipal Code of the City of Muskego Regarding Sewerage Service
Charges. First Reading. Hilt moved to suspend rules to allow second
reading. D. Sanders seconded. Carried 7-0. Second reading. D.
Sanders moved for adoption, Hilt seconded. Carried 6-1 with Simmons
voting “no. ‘I
LICENSE APPROVAL
Hilt moved for approval of Operator‘s Licenses subject to favorable
Daniel Lapaz, and Theresa Ann Moore. Dumke seconded. Carried.
police reports for Denise Zaffrann, Susan Wilson, Jodi Bee Miller,
Hilt moved for approval of Permit for Races on Ice on Big Muskego
Lake for Muskego Icetronauts for February 9, 1992 and rain date of
February 16, 1992. Taube seconded. Carried.
Hilt moved for approval of Class “B“ Gathering Permit for Muskego
Taube seconded. Carried.
Icetronauts for February 9, 1992 and rain date of February 16, 1992.
Common Council Minutes
January 14, 1992 Page 6
VOUCHER APPROVAL
Hilt moved for approval of payment of General Vouchers in the amount
of $632,849.08. Dumke seconded. Carried 7-0.
Simmons moved for approval of payment of Utility Vouchers in the
amount of $869,589.38. D. Sanders seconded. Carried 7-0.
Patterson stated he will be preparing an ordinance to present at next
Council meeting regarding school impact fee.
Hilt moved to adjourn at 12:55 AM. Taube seconded, carried.
Respectfully submitted, -
Carol A. Cichocki
Deputy City Clerk
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