ccm19920211COMMON COUNCIL OF THE CITY OF MUSKEG0
MINUTES OF MEETING HELD FEBRUARY 11, 1992
The meeting was called to order at 10:07 PM by Mayor Salentine.
Also present were Aldermen Dumke, Hilt, Patterson, D. Sanders, H.
Sanders, Simmons, and Taube, City Clerk Marenda, and Attorney
Trindl. No one was absent.
Hilt moved for approval of the Common Council minutes of meeting
held January 28, 1992. H. Sanders seconded. Carried.
COMMITTEE REPORTS
H. Sanders presented Finance Committee minutes of meeting held
February 11, 1992 and moved for acceptance of said minutes and
those of meeting held February 5, 1992. Hilt seconded. Carried.
Simmons moved for approval of Public Welfare Committee minutes of
meeting held February 6, 1992. Patterson seconded. Carried.
Plan Commission minutes of meeting held February 4, 1992 were
received and placed on file.
UNFINISHED BUSINESS
Ord. #739 - An Ordinance to Amend Chapter 21, Section 21.21, of
the Municipal Code of the City of Muskego (Sewer Utility). Second
Reading. Simmons moved for adoption, Hilt seconded. Carried 7-0.
Ord. #740 - An Ordinance to Amend Chapter 21, Section 21.22, of
Reading. Simmons moved for adoption, D. Sanders seconded. Carried
the Municipal Code of the City of Muskego (Sewer Utility). Second
7-0.
NEW BUSINESS
Reso. #39-92 - Consent to the Assignment of Cable Television
Franchise from Warner Cable Communications Inc. to Time Warner
Entertainment Company, LP. Patterson moved for adoption, Simmons
Carried 5-2, with Dumke and Taube voting "no."
seconded. Taube objected to foreign investment in company.
Agreement Between Warner Cable Communications Inc., and City of
Reso. #40-92 - Resolution Consenting to Assignment of Lease
Muskego. Patterson moved for adoption, D. Sanders seconded.
Carried 5-2, with Dumke .and Taube voting "no."
Reso. #41-92 - Approval of Amendment to Developer's Agreement --
JC Development. H. Sanders moved for adoption, Dumke seconded.
Patterson moved to amend Paragraph #4 to add: "subject to approval
of City Attorney." H. Sanders seconded, carried. Resolution
#41-92 as amended adopted 7-0.
Reso. #42-92 - Resolution Indicating City's Present Intent to
Creek. D. Sanders moved for adoption, H. Sanders seconded. Taube
Approve the Concept of RS-2 to RS-3/0PD -- Terra Development/Plum
encouraged industrial expansion of the site because of its addition
Common Council Minutes
February 11, 1992
Page 2
to the tax base; it doesn‘t require many services; it doesn‘t add
children to the school system; current park has three primary
roads, a water tower, and access to interstate highway; which makes
this prime for industrial development. Mayor advised Plan
Commission reviewed plans and topography and were receptive to see
a total plan with the creek to be preserved and also provide a test
for affordable housing. D. Sanders stated the Plan Commission and
Council have to look at different issues; the Plan Commission
determines if it is a good plan, looks nice, etc., and the Council
has to look at the growth issue, how much multi-housing is
included, industrial impact fee, affordable housing issue, and
school crowding issue. Taube felt the Comprehensive Plan should be
adopted and impact fees be in place before approving any more
plans. Simmons referred to his comments made at the public hearing
and suggested all visit the Industrial Park and Woodcrest
Park in that area. The southeast part of the City and Moorland
Subdivision. He could see adding 20 acres only to the Industrial
Road corridor need to be studied. He felt the Council should pass
a concept for that land, putting a package together we can all live
with, with the developer most likely working with us on some
changes. Mayor stated the owner of the land adjacent to the
of about 8 acres and 3-5 acres along the creek. He believed the
Industrial Park is receptive to industrial zoning in southeast area
Comprehensive Plan Committee has recognized Highway 45 as
industrial zoning. Mayor stated he is not for expanding the
Industrial Park and the owner is not interested in it and he has
vested rights to use his underlying zoning. He stated Plan
Commission did not feel RS-2 allowed a good subdivision and OPD is
needed to have a 5 acre park preserved. H. Sanders stated we did
not give any indication to landowner of zoning it industrial; he
has a right to develop and sell his land; we are not going to stop
development--we have to control it. Dumke stated we are going too
meeting. Patterson agreed with Dumke and felt property there isn‘t
fast, wait for the Comprehensive Plan as presented and impact study
best for industrial park because of topography, but what would it
They have RS-2 zoning which gives them the right to build
cost to create a park someplace else with a new water tower, etc.
more. We are committing too much density with this plan and is not
residential and no one here is stopping them. They want to do
progress and is a compliment to our City that people want to move
in favor of changing the zoning. H. Sanders stated he felt it is
here.
Patterson moved to defer to first Council meeting in March, Dumke
seconded. Hilt stated he didn‘t agree the City should buy this
land for industrial expansion and felt that by the next Council
meeting people should be aware of the facts. Motion to defer
carried 4-3, with Dumke, Patterson, Simmons, and Taube voting
“yes ,“ and Hilt, D. Sanders, and H. Sanders voting “no. I’ D.
Sanders requested permission for developer to address Council,
Taube objected. Carried 6-1, with Taube voting “no.“ Mr. Robert
Patch disagreed with City Attorney opinion that a time limit is not
required for the Common Council to act on a zoning request. He
stated legal action could be forthcoming unless the Council votes
On this matter. Dumke stated he resented that attitude. Mayor
Common Council Minutes
February 11, 1992 Page 3
clarified he was just asking for direction. D. Sanders asked:
what does industrial park land cost to develop? Can our water
capacity support additional development? Does the land lend itself
are generated from multi-family development compared to single-
to be developed for industrial use? Mayor added, How many students
as to the impact of additional 20 acres of industrial park as far
family development? Simmons asked the Police Department to report
development. Patterson asked the Plan Commission to determine how
as police and fire services, comparing to single-family
much area they would feel comfortable with for screening purposes
between the Industrial Park and RS-2 zoning and to identify minimum
vs. maximum requirement. Mayor questioned when we are not "Zero"
aid community, what are tax advantages of industrial park and what
is the projection of Muskego getting to the "zero" aid level.
Reso. #43-92 - Direct City Attorney to Prepare Offer to Purchase
Park Land -- Kurth Park. Hilt moved for adoption, H. Sanders
seconded. Taube questioned availability of additional property to
gain access to park from Woods Road. Mayor indicated property not
obtaining an option on it and price increasing. Hilt noted the
for sale. Taube felt it should be pursued prior to a developer
difference between $32,650 appraisal and $39,450 offer is the
amount of park dedication fees on the lots in the Settler's Creek
Subdivision. Carried 7-0.
Reso. #44-92 - Approval of Certified Survey Map -- Klenz, D.
Sanders moved for adoption, Dumke seconded. Carried 7-0.
Reso. #45-92 - Approval of Certified Survey Map -- Smukowski. D.
Sanders moved for adoption, Simmons seconded. Carried 7-0.
Reso. #46-92 - Amendment to 1991 Budget. H. Sanders moved for
adoption, Hilt seconded. Hilt noted resolution reflects a transfer
Of $83,810.61 from Contingency, which is a correction of the
$80,603.61 approved by Finance Committee. Carried 7-0.
Muskego (RS-1 to RS-l/OOS -- Hollenstein). First Reading. Simmons
Ord. #744 - An Ordinance to Amend the Zoning Map of the City of
moved to suspend rules to allow second reading, D. Sanders
seconded. Carried 7-0. Second reading. Simons moved for
adoption, D. Sanders seconded. Carried 6-1, with Taube voting "no."
LICENSE APPROVAL
Hilt moved for approval of "Class B" Gathering License for St.
Leonard Congregation -- Mardi Gras February 29, 1992 and Harvest
Fest October 10, 1992. Patterson seconded. Carried 7-0.
VOUCHER APPROVAL
Hilt moved for approval of payment of General Vouchers in the
amount of $279,165.82. Dumke seconded. Carried 7-0.
Simmons moved for approval of payment of Utility Vouchers in the
amount of $12,374.32. D. Sanders seconded. Carried 7-0.
Common Council Minutes
February 11, 1992
Page 4
Patterson moved to adjourn at 12:05 AM. Simmons seconded, carried.
Respectfully submitted,
n K. Marenda, CMC
0
a
GENERAL FUND:
BOARD CHECKS (regular) 4 5Y LJ3. b /
HAND CHECKS
END OF YEAR (91) 5770 542 a/
UTILITIES~
SEWER
BOARD CHECKS (regular)
HAND CHECK
END OF ?+QWH YEAR (91)
WATER
BOARD CHECKS (regular)
HAND CHECKS
END OF “W&I YEAR (91)
TOTAL UTILITY VOUCHERS (91)
TOTAL UTILITY VOUCHERS (92)
TOTAL UTILITY VCUCHEBS (91&92)
946 56