ccm19920324COMMON COUNCIL OF THE CITY OF MUSKEG0
MINUTES OF MEETING HELD MARCH 24, 1992
The meeting was called to order at 7:53 PM by Mayor Salentine.
Also present were Aldermen Dumke, Hilt, Patterson, Sanders,
Simmons, and Taube, City Clerk Marenda, Deputy City Clerk Cichocki,
and Attorney Trindl. No one was absent.
Hilt moved for approval of the Common Council minutes of meeting
held March 10, 1992. Dumke seconded. Carried.
COMMITTEE REPORTS
Hilt presented Finance Committee minutes of meeting held March 18
and 24, 1992 and moved for acceptance. Dumke seconded. Patterson
requested to review details of copier service agreement between
Police Department and Copy Plus before payment. Carried.
Simmons presented Public Safety Committee Meeting minutes of March
12, 1992 and moved for acceptance. Taube seconded. Carried.
Patterson presented Rules, Laws & Ordinance Committee Meeting
minutes of March 12, 1992 and moved for acceptance. Taube
seconded. Carried.
Sanders presented Public Welfare Committee Meeting minutes of March
18, 1992 and moved for acceptance. Patterson seconded. Carried.
March 19, 1992 and moved for acceptance. Hilt seconded. Carried.
Sanders presented Public Utilities Committee Meeting minutes of
received and placed on file.
Plan Commission minutes of meeting held March 17, 1992 were
NEW BUSINESS
Reso. #67-92 - Approval of Agreement Regarding the Metro Landfill
Expansion. Patterson moved for adoption, Sanders seconded.
Patterson explained agreement contains property and well protection
rights for 12 affected residents; allows for free dumping through
December 1992; and a yearly cash payment to be split with Waukesha
County. Carried 6-0.
Reso. #68-92 - Final Resolution Authorizing Installation of
Against Benefited Property -- Highway L West to Crowbar Drive Sewer
Sanitary Sewer Improvements and Levying of Special Assessments
adoption, Simmons seconded. Carried 5-1, with Taube voting "no."
Project MSS-1-92, Assessment District "SE." Hilt moved for
Reso. #69-92 - Awarding of Bid -- Highway L West to Crowbar Drive
Sewer Project MSS-1-92, Assessment District "SE" (Mainline Sewer h
Water for $180,619). Simmons moved for adoption, Sanders
seconded. Carried 5-1, with Taube voting "no."
Reso. #70-92 - Final Resolution Authorizing Installation of Water
Improvements and Levying of Special Assessments Against Benefited
Property -- Woods Road West of Woodside Estates Water Project
Page 2 Common Council Minutes
March 24, 1992
MW-13-92, Assessment District "WL." Hilt moved for adoption,
Sanders seconded. Carried 6-0.
Reso. #71-92 - Awarding of Bid -- Woods Road West of Woodside
Estates Water Project Mw-13-92, Assessment District "WL" (Globe
Contractors for $47,000). Hilt moved for adoption, Sanders
seconded. Carried 6-0.
Reso. #72-92 - Resolution as to Exemption From Moratorium. Hilt
moved for adoption, Dumke seconded. Attorney instructed Council to
treat petition as public hearing. Clerk read letter from
petitioner JoAnn Gillespie.
Ms. Gillespie has 21 total acres, wishes to sell 4 acres and build
home on remaining 17, of which 9 acres are wetlands for nursery
plants. Her land division will not create need for sewer or add to
growth and requested exemption from moratorium on land division.
Mr. Harold DeBack, W198 S10957 Racine Avenue, stated that if land
division does not conflict with proposed Comprehensive Plan, she
should be allowed the exemption.
Dumke stated the moratorium may be jeapordized if exemption is
allowed so soon after adoption. Patterson agreed and questioned
how much money already spent in process is considered large enough
to establish vested rights. Attorney Trindl explained case law had
established $59,000 as having vested rights, but that doesn't mean
that a smaller dollar amount could not be considered vested rights.
Mr. Bill Schneider, S75 W2OlOl Ridge Road, stated petitioner has
potential buyer, which could create financial impact if denied
exemption.
Ms. Blenda Treba, W199 57476 Hillendale Drive, stated there are
many in community who had no idea of moratorium.
Ms. Gillespie explained that she has invested considerable money in
consulting plans for her nursery, which average $4,000 per bed.
Hilt explained that moratorium was mainly to stop large
developments and would like to see individual concern worked out.
Simmons sympathized with petitioner, but moratorium is restriction
that applies to all.
Ms. Treba questioned why wasn't a notice published or public
hearing held before moratorium issue was discussed.
Simmons moved to amend to deny exemption because of the 90-day
moratorium in effect. Dumke seconded. Carried 6-0. Resolution
#72-92 as amended carried 4-2, with Hilt and Sanders voting "no."
Reso. #73-92 - Approval of Revised Ethics Code of the City of
Muskego. Patterson moved for adoption, Taube seconded. Patterson
moved to amend Page 3, Paragraph 2, Line 1 of Ethics Code to add
Common Council Minutes Page 3
March 24, 1992
"written and signed" before "complaint. 'I Taube seconded, carried.
Hilt would like to see Committee established to review complaint
before being forwarded to legal authorities. Mayor would like
entire Ethics Code to be reviewed and include enforcement for
violations. Hilt would like City to adopt State Ethics Code.
Patterson recommends adopting Code as is and further discussing
adopted 4-2, with Hilt and Sanders voting "no."
areas of concern at future meetings. Resolution #73-92 as amended
Rates. Hilt moved for adoption, Simmons seconded. Carried 6-0.
Reso. #74-92 - Authorization to Apply for PSC Review of Water
Reso. #75-92 - Authorization to Restructure Water Utility Debt.
Hilt moved for adoption, Sanders seconded. Carried 6-0.
Reso. #76-92 - Removed from agenda.
Reso. #77-92 - Approval of Revised Preliminary Plat -- Scenic
View Estates (Town of Norway). Sanders moved for adoption, Hilt
seconded. Carried 5-1, with Simmons voting "no."
Reso. #78-92 - Approval of Final Plat -- Scenic View Estates
Carried 5-1, with Simmons voting "no."
(Town of Norway). Sanders moved for adoption, Patterson seconded.
Reso. #79-92 - Approval of Final Plat -- Hidden Harbor Addn. #1
(Town of Waterford). Sanders moved for adoption, Hilt seconded.
Carried 5-1, with Simmons voting "no."
Reso. #EO-92 - Approval of Certified Survey Map -- Smukowski.
Sanders moved for adoption, Dumke seconded. Carried 6-0.
Reso. #El-92 - Approval of Certified Survey Map -- Smukowski.
Sanders moved for adoption, Dumke seconded. Carried 6-0.
Reso. #82-92 - Authorize Execution of Application for Ambulance
Service Providers Reimbursement -- Tess Corners Volunteer Fire
Department. Hilt moved for adoption, Dumke seconded. Taube would
like to see Muskego Volunteer Fire Company apply for same funds.
Carried 6-0.
Reso. #83-92 - Direct City Engineers to Prepare Plans h Specs And
Projects (Sewer Project MSS-2-92 Assessment District "SF" and Water
Bid Out Project -- Kelly Drive/Valley Drive Sewer and Water
Project MW-14-92 Assessment District "WM"). Simmons moved for
adoption, Sanders seconded. Carried 6-0.
Reso. #84-92 - Establishing Traffic Regulations. Simmons moved
for adoption, Taube seconded. Carried 6-0.
Muskego (EA to A -- Muskego Land Development/ Parker Road). First
Ord. #746 - An Ordinance to Amend the Zoning Map of the City of
Reading.
Common Council Minutes
March 24, 1992
Page 4
Ord. #747 - An Ordinance to Amend Chapter 26, Section
26.02(l)(d), of the Municipal Code of the City of Muskego (Park &
Recreation Regulations -- Alcohol Beverages). First Reading.
LICENSE APPROVAL
Hilt moved for approval of Operator's License for Amy B. Clifton,
Rhonda L. Mead, and Steve R. Kowalczyk. Dumke seconded, carried.
Hilt moved for apprbval of a Class "B" Gathering License for
Muskego Corvette Club Car Show on August 29, 1992. Dumke
seconded. Carried 6-0.
Hilt moved for approval of a Refuse Haulers Permit for Alley Cat,
Inc., Simmons seconded. Carried.
VOUCHER APPROVAL
Hilt moved for approval of payment of General Vouchers in the
amount of $273,686.26. Dumke seconded. Carried 6-0.
Simmons moved for approval of payment of Utility Vouchers in the
amount of $42,770.97. Sanders seconded. Carried 6-0.
CITY OFFICIALS' REPORTS
Clerk reported three public hearings to being held April 14, 1992:
7:15 PM To consider petition of Lynn Kurer to rezone property
located in SW 1/4 of Section 2 from RSA to B-2 to allow
continued operation of tavern.
of Section 11 from RS-3 to RS-3/0IP to add on to Kurth
Park.
of Section 8 from RS-3/0PD to RS-3/0IP to allow for
expansion of Muskego County Park.
7:20 PM To consider petition of City to rezone property in NE 1/4
7:25 PM To consider petition of City to rezone property in SE 1/4
COMMUNICATIONS
Mayor reported on the progress of School Impact Fee Committee. An
ordinance has been proposed and financial consultant has been
authorized to work on report to be finalized in two weeks.
Mayor noted that a March 26 meeting has been scheduled with DNR
regarding Little Muskego Lake Dam claim.
Hilt moved to adjourn at 10:44 PM. Dumke seconded, carried.
Respectfully submitted,
K. ?--/)w%"- Marenda, CMC
ty Clerk
8 COUNCIL MEETING DATE <Ld/kL
GENERAL FUND:
BOARD CHECKS (regular) .JAY &,yd:, . 26..
HAND CHECKS
END OF MONTH
/
TOTAL :
UTILITIES~
SEWER
BOARD CHECKS (regular) a,! Y/J 13
HAND CHECK
END OF PlONTH
WATER
BOARD CHECKS (regular) JL.. $32. L7 9
HAND CHECKS
END OF MONTH
I