ccm19920310COMMON COUNCIL OF THE CITY OF MUSKEGO
MINUTES OF MEETING HELD MARCH 10, 1992
The meeting was called to order at 8:00 PM by Mayor Salentine.
Also present were Aldermen Dumke, Hilt, Patterson, D. Sanders,
Simmons, and Taube, City Clerk Marenda, and Attorney Molter. No
one was absent.
Hilt moved for approval of the Common Council minutes of meeting
held February 25, 1992. Dumke seconded. Carried.
A tribute in memory of Alderman Harold Sanders was read by the
Mayor and a moment of silence followed.
COMMITTEE REPORTS
Hilt presented Finance Committee minutes of meeting held March 4,
presented Finance Committee minutes of meeting held March 10, 1992
1992 and moved for acceptance. Dumke seconded. Carried. Dumke
and moved for acceptance. Hilt seconded. Carried.
Simmons presented Public Works Committee minutes of meeting held
February 27, 1992 and moved for acceptance. Dumke seconded.
Carried'.
Plan Commission minutes of meeting held March 3, 1992 were received
and placed on file.
UNFINISHED BUSINESS
Approve the Concept of RS-2 to RS-3/0PD -- Terra Development/Plum
Reso. #42-92 - Resolution Indicating City's Present Intent to
Creek. On floor, deferred 2/11/92. Hilt stated the Council is
interested in limiting density. The landowner is not interested in
moved to amend to rezone to RS-2/0PD to give City control over open
rezoning to industrial. Developer agreed to reduce density. Hilt
RS-2/0PD is better, but Plan Commission review and public hearing
space, park, and density. Simmons seconded. Patterson thought
should be held. Taube opposed RS-3/0PD and would like Plan
Commission's reaction to RS-2/0PD. Taube read letter from Attorney
George Rice. Simmons presented facts on existing Industrial Park;
does not feel City taxpayers want money to sit in vacant land. An
additional 20 acres are available for industrial use from property
acquired from CATS, DeBack, and Rausch, which would make 50 acres
available to City. RS-Z/OPD zoning would allow City to control
density and retain woods.
objected. Permission granted 4-2, with Patterson and Taube voting
Simmons requested permission for developer to speak. Patterson
260 units to 232 units, with 121 single family on the west, 11
"no." Mr. Bill Carity stated that density has been reduced from
parcel totals 106.6 acres and includes a 5.4 acre park, including
single-families, 7 8-families, and 22 duplexes on the east. The
woods.
Common Council Minutes
March 10, 1992
Page 2
@ effort. He did not feel that the drop in grade of the property
Taube felt slow Industrial Park sales were due to broker's sales
would limit buildability.
Council does not have to allow additional density.
Patterson felt this area is best location for industrial use. The
Dumke stated maybe growth will stop automatically when all sewer
connections are allocated. He agreed this request should go back
to Plan Commission.
Simmons asked that RS-3/0PD be voted down and allow the RS-Z/OPD
because we don't want it to go back to RS-2 and lose control.
Sanders stated Plan Commission reduced density from original
acres identified that could eventually be industrial, which he
submittal. City has 29 acres in industrial land with additional 20
feels is sufficient. He supports RS-2/OPD.
Taube stated other communities are working more positively at
industrial land as a means to control taxes.
Patterson stated Muskego will need more industrial land; holding to
the density is how to control growth. He opposed rezoning now, but
could reconsider. Dumke agreed.
Mayor would agree except that the land cannot be zoned industrial
lawsuit if breached. We do have to look for increased industrial
City. He wants the control the RS-2/0PD zoning provides to avoid
zoning. The Park Plan recommends a 5-acre park in this section of
money to build a school and not an industrial park. Comp Plan
single-family homes next to the Industrial Park. Let's borrow
calls for additional multi-family.
Taube stated we don't need apartments, we need industrial growth.
Molter noted the Council is not changing the zoning at this time,
but only a concept resolution was being adopted. It goes back to
Plan Commission to work out details of OPD zoning.
Motion to amend Resolution #42-92 carried 4-2, with Hilt, Dumke,
Sanders, and Simmons voting "yes," and Patterson and Taube voting
with Hilt, Sanders, and Simmons voting "yes," and Dumke, Patterson,
"no." Motion to adopt Resolution #42-92 as amended carried 4-3,
and Taube voting "no," and Mayor Salentine voting "yes" to break
the tie.
Ord. #I45 - An Ordinance to Amend Chapter 9, Section 9.16, of the
Municipal Code of the City of Muskego (Littering). Second
Reading. Simmons moved for adoption, Dumke seconded. Patterson
moved to amend Paragraph 2 to add "potbellied pigs," Simmons
0 because of the vested rights in this property and a possible
0 seconded. Carried. Ordinance #I45 as amended adopted 6-0.
"
Common Council Minutes
March 10, 1992
Page 3
NEW BUSINESS
Reso. #60-92 - Declaring a Moratorium on Land Divisions.
Simmons moved for adoption, Patterson seconded. Simmons stated
this is only reasonable means to control growth. Comprehensive
Plan must be adopted. Attorney Molter reviewed his March 3 and 4,
the moratorium. Dumke in favor of moratorium but felt it lost its
1992 letters warning of his firm's substantial legal questions to
punch due to timing of Plum Creek rezoning. Carried 6-0.
Reso. #61-92 - Approval of Final Plat, Subdivider's Agreement,
and Letter of Credit -- Country Brook Estates Addn. #l. D. Sanders
moved for adoption, Hilt seconded. Mayor noted subdivision is in
compliance with rezoning, which DNR will require us to do. Carried
6-0.
Reso. #62-92 - Authorize Waiving of Performance Bond -- City
Hall/Library Automatic Door Project. Dumke moved for adoption,
Hilt seconded. Hilt moved to amend Paragraph 3 to add "and finds
D. Sanders seconded, carried. Resolution #62-92 as amended adopted
that the guarantees or warranties in effect are deemed adequate,"
6-0.
Reso. #63-92 - Establishing a Fee for Retail "Class C" Licenses
($100). Hilt moved for adoption, Dumke seconded. Carried 6-0.
Reso. #64-92 - Designating 1991 Unexpended Capital Project
Funds to be Carried Over Into 1992. Hilt moved for adoption, Dumke
seconded. Carried 6-0.
Reso. #65-92 - Acceptance of Bid and Approval of Lease
Agreement for City-Owned Land (Parkland Plaza Phase IV)
(Hulbert-$200). Hilt moved for adoption, Dumke seconded. Carried
6-0.
Reso. #66-92 - Resolution as to 4/7/92 Election Ballot
(Aldermanic District V). Hilt moved for adoption, with the Finance
Committee recommendation to leave Alderman Harold Sanders' name on
the ballot. Dumke seconded. The Council had three options: leave
name on the ballot; remove name from ballot; or remove name from
ballot and nominate a replacement. Three persons have expressed
interest in being nominated. According to State Statute, if the
deceased candidate receives most votes, the Council may appoint.
Carried 6-0, leaving Alderman Harold Sanders' name on ballot.
LICENSE APPROVAL
Hilt moved for approval of Operator's License for Nitaya Coughlin,
Julie Ackley, Fred 0. Damaske, and David Kaczmarek. Dumke
seconded, carried.
VOUCHER APPROVAL
Hilt moved for approval of payment of General Vouchers in the
amount of $524,148.64. Dumke seconded. Carried 6-0.
Common Council Minutes
March 10, 1992
Page 4
Simmons moved for approval of payment of Utility Vouchers in the
amount of $44,104.26. D. Sanders seconded. Carried 6-0.
MISCELLANEOUS BUSINESS
Mayor reported on the progress of School Impact Fee Committee and
noted next meeting is March 20, 1992 at 3:OO PM at School
District office.
Hilt moved to adjourn at 11:47 PM. Dumke seconded, carried.
Respectfully submitted,
COUNCIL MEETING DATE $,/$A
GENERAL FUND:
BOARD CHECKS (regular)
HAND CHECKS
END OF MONTH
TOTAL :
UTILITIES
SEWER
BOARD CHECKS (regular)
HAND CHECK
END OF NONTH
END OF YEAR
WATER :
BOARD CHECKS (regular)
HAND CHECKS
END OF MONTH
END OF YEAR
TOTAL-1992
TOTAL-1991