ccm19920428CITY OF MUSKEG0 COMMON COUNCIL
MINUTES OF MEETING HELD APRIL 28, 1992
The meeting was called to order at 7:40 PM by Mayor Salentine.
Also present were Aldermen Dumke, Misko, Patterson, Sanders,
Schneider, Simmons, and Taube, City Clerk Marenda, and Attorney
Molter.
Patterson moved for approval of the Common Council minutes of
meetings held April 14 and 28, 1992. Dumke seconded. Carried.
Proclamation to promote "Green-Up Muskego" Theme for the month of
May was read by the Clerk.
Proclamation recognizing the week of May 3-9 as Municipal Clerk's
week was read by the Mayor.
Reso. #loo-92 - Recognition of Assessor Paul DeAngelis. Dumke
moved for adoption, Taube seconded. Carried 7-0. Resolution and
plaque in appreciation of Assessor DeAngelis' 24 years of service
to the City was presented to him.
Mayor presented his Committee appointments for 1992-1993.
Robert J. Kuspa, Police Patrolman, was introduced to the Council by
Police Chief Johnson and he was presented with his Certificate of
Appointment.
COMMITTEE REPORTS
Sanders presented Finance Committee minutes of meetings held April
22 and 28, 1992 and moved for acceptance. Patterson seconded.
Carried.
Sanders presented Public Utilities Committee minutes of meeting
Carried.
held April 16, 1992 and moved for acceptance. Simmons seconded.
Taube presented Public Works Committee minutes of meeting held
April 23, 1992 and moved for acceptance. Misko seconded. Carried.
Plan Commission minutes of meeting held April 21, 1992 were
received and placed on file.
OLD BUSINESS
Ord. #749 - An Ordinance to Amend the Zoning Map of the City of
Muskego (RSA (conditional use) to 8-2 -- Kurer/Bushy's Pub).
Patterson moved to reconsider, Misko seconded. Misko requested two
persons from each side of the issue be permitted to address Council
five minutes each. No objections. Dr. Peter Parthum requested
reconsideration because (1) a number of parties were made aware of
standard rules were waived against the strong objections expressed
the usual timeline for rezoning, including two readings, and these
by the president of Atonement Lutheran Church. He felt Mr. Borgman
should have been advised to object in writing. If reconsideration
is approved, they would request a deferral for two weeks; and (2)
Common Council Minutes
April 28, 1992
Page 2
representation because Ald. Misko had not yet been sworn in.
the citizens across the street were essentially without
Ms. Lynn Kurer clarified that she had agreed to a postponement but
Molter stated the problem is timing. The ordinance passed 5-0 at
not to reconsideration. On the issue of postponement, Attorney
the last meeting and is in effect upon passage and publication,
which is 15 days after its passage. The ordinance has been mailed
to the paper for publication, but in this case, the publication
will not take place until the 16th day. The real question is the
an ordinance is in effect, the only way to change it is to bring it
affect of a reconsideration, which is only an internal rule. Once
under these circumstances, they are exposing themselves to
back to be rezoned again. If Council approves the reconsideration
potential lawsuits. A valid protest is not in order at this time
because the Council'already acted. Reconsideration can only be
considered at this meeting and not deferred.
Dr. Parthum stated they submitted a valid protest but will withdraw
themselves. The major concern of the rezoning is the additional
it if an agreement can be reached between Ms. Kurer and
uses which could be allowed.
Planning Director Larry Kirch stated zoning was enacted in 1955,
updated in 1958 and 1963. In 1962, the property in question was
zoned agricultural and the tavern can be a conditional use grant
use grant. After 1963, it was zoned RSA. That conditional use
grant carries over to the other zoning in accordance with Section
always been conforming. If the tavern burns down, it could be
6.03. Conditional use goes with the land. The use as a bar has
built again if all requirements are met, because it is a
conditional use, not a legal non-conforming. Dr. Parthum stated
this would remove some of their concerns but they would still ask
for reconsideration because of the additional uses allowed under
B-2. They don't have a problem with the use of the property as a
bar.
Ms. Kurer stated that she contacted 12 of the 16 people who had
had no problem with the rezoning. They were represented because
letters sent to them by the City regarding the rezoning and they
they got a letter from the City. She felt there was a lack of
communication. She was unaware the Church was upset with this and
felt discussion could have ironed out the problems.
Simmons stated he explained to Mr. Borgman and Ms. Kurer at the
second reading of the ordinance and they said they had no problem
last meeting that the suspension of rules which would allow the
with the suspension of rules.
Ms. Kurer stated that site and operational plans have been drawn
and the survey done and now she hears they don't like it and
didn't come to her when they remodeled and parked their trucks on
oversight. The Church wants to put restrictions on her but they
under agricultural zoning. This property was granted a conditional
a thought it convenient the City didn't publish on time due to an
Common Council Minutes
April 28, 1992
Page 3
0 zoning as approved.
her parking lot. She requested the Council to stay with the B-2
Taube questioned if it was true if 20% object they have to file a
letter of protest. Molter responded that it wasn't quite that
simple, but it is the general idea. It takes a 3/4 vote of the
Council to override. The protest has to be properly acknowledged.
The petition submitted now appears to be proper, but he feels it
had to have been filed before the Council acted, unless they
reconsider tonight.
Dr. Parthum explained he was representing the Church, himself, and
some residents of Golden Country Estates. He was selected to
representative of the Church. Mr. Borgman stated he represented
represent the position with the approval of the duly elected
the Church and Dr. Parthum has presented their position very
clearly to the Council. Ms. Kurer stated she was told that Mr.
Borgman was not representing the Church, and it was not presented
at a Church board meeting.
change the zoning. Both parties agreed last meeting to allow the
Simmons stated he strongly stood behind the Council's vote to
vote to proceed. Only way to reconsider would be if both parties
commit in writing tonight.
Dumke stated he represented small businesses when they are in place
before the surrounding changes in the neighborhood.
Patterson moved to defer until later in the meeting, Simmons
seconded, carried. After action on other matters and a recess,
discussion continued on Ordinance #749.
Patterson withdrew his request for reconsideration; agreed to by
his second, Misko. Misko requested permission for people to
right of first refusal if they ever decide to sell the tavern.
speak. Ms. Kurer stated they were looking at the Church to have
They would agreed to a 20 day time limit for them to act upon. The
Church pastor stated they have been concerned about what will
happen to that property, but Ms. Kurer stated publicly that her
intention in seeking the zoning change is to make improvements. By
sell, but to make improvements and they accept that. He added that
her offer to them of first refusal, he sees it is not her intent to
the role of Neil Borgman as president of the congregation was
authorized at their March board meeting to represent them as he did
two weeks ago and again tonight.
Reso. # 96-92 - Approval of Certified Survey Map -- Peterson.
Deferred 4/14/92. Molter noted a reason to deny could not be based
on size because of the Board of Appeals decision to approve
variance. Carried 7-0.
Ord. #725 - An Ordinance to Amend Chapter 20, Section 20.01, of
Deferred 10/8/91. Sanders moved for adoption, Simmons seconded.
the Municipal Code of the City of Muskego Regarding Boating Laws.
Common Council Minutes
April 28, 1992
Page 4
Taube moved to defer to refer to Rules, Laws ti Ordinance Committee
for further review. Patterson seconded, carried.
Ord. #750 - An Ordinance to Amend the Zoning Map of the City of
Muskego (RS-3 to RS-3/0IP -- Kurth Park). Second Reading. Simmons
moved for adoption, Schneider seconded. Carried 7-0.
Ord. #751 - An Ordinance to Amend the Zoning Map of the City of
Muskego (RS-3/0PD to RS-3/0IP -- Muskego County Park). Second
Reading. Dumke moved for adoption, Misko seconded. Carried 7-0.
NEW BUSINESS
moved for adoption, Dumke seconded. Carried 7-0.
Reso. #101-92 - Expressing Appreciation to Daniel Hilt. Misko
Contract Between City of Muskego and Waste Management -- Stone
Reso. #102-92 - Approval of Technical Clarifications of the
Ridge Landfill Expansion. Sanders moved for adoption, Misko
seconded. Carried 7-0.
Muskego to Discontinue and Vacate a Portion of Kelly Drive.
Reso. #103-92 - Proceeding by the Common Council of the City of
Introduced; Public Hearing to be June 9, 1992 at 7:15 PM.
Reso. #104-92 - Approval of Final Plat, Subdivider's Agreement,
and Letter of Credit -- Settler's Creek. Dumke moved for adoption,
Patterson seconded. Taube moved to amend to add "Be it further
resolved that Exhibit "C" referred to in I.B. shall be amended to
require a storm drainage system for sump pump connection from Lot
Engineers." Dumke seconded, carried. Resolution #104-92 as
#17 and #18 to the curb and gutter section as required by the City
amended adopted 7-0.
Reso. #105-92 - Approval of Modification to the 1991-1992 Labor
Agreement Between Local 2414 AFSCME and the City of Muskego -- City
Hall/Library Unit. Dumke moved for adoption, Sanders seconded.
Carried 7-0.
Reso. #106-92 - Resolution as to Review of Interest Rates for
Special Assessment Water Projects. Simmons moved for adoption,
Sanders seconded. Carried 7-0.
Reso. #107-92 - Granting Placement of Water Ski Jump on Bed of
Little Muskego Lake and Placement of Pier at Idle Isle -- Water
Carried 7-0.
Bugs Ski Team. Taube moved for adoption, Patterson seconded.
Team on Little Muskego Lake. Taube moved for adoption, Misko
Reso. #108-92 - Approval of Practice/Show Dates of Water Bugs Ski
seconded. Carried 7-0.
Reso. #109-92 - Establishing Traffic Regulations ("No Parking"
signs on the west side of Ancient Oaks Drive from Highland Park
Drive north to Youngwood Court). Schneider moved for adoption,
Common Council Minutes Page 5
April 28, 1992
Taube seconded. It was noted that signs are temporary and
Schneider will notify Safety Committee when signs can be removed.
Carried 7-0.
Reso. #110-92 - Approval of Certified Survey Map -- Kleist/Town
of Norway. Taube moved for adoption, Schneider seconded. Carried
6-1, with Simmons voting "no."
Reso. #111-92 - Approval of Certified Survey Map -- Wage/Town of
Norway. Taube moved for adoption, Misko seconded. Carried 6-1,
with Simmons voting "no."
Reso. #112-92 - Approval of Certified Survey Map -- Senak/Town of
Waterford. Taube moved for adoption, Simmons seconded. Carried
7-0.
Muskego (John Loughney). Patterson moved for adoption, Misko
Reso. #113-92 - Appointment of Weed Commissioner for the City of
seconded. Carried 7-0.
Reso. #114-92 - Declaring Certain Weeds to be Noxious in the City
of Muskego. Sanders moved for adoption, Taube seconded. Carried
7-0.
Reso. #115-92 - Appointment of Citizen Member to Board of Review
Carried 7-0.
(Merton Bowyer). Taube moved for adoption, Misko seconded.
Reso. #116-92 - Appointment of Citizen Member to Plan Commission
(Ed Raimann). Dumke moved for adoption, Patterson seconded.
Carried 7-0.
Appeals (Thomas Berken, Gerald Fohr, Robert Vitt-2nd Alternate).
Reso. #117-92 - Appointment of Citizen Members to Board of
Misko moved for adoption, Sanders seconded. Carried 7-0.
Reso. #118-92 -Appointment of Citizen Member to Police & Fire
Commission (Robert Kreuser). Simmons moved for adoption, Misko
seconded. Carried 7-0.
Reso. #119-92 -Appointment of Citizen Members to Parks &
Recreation Board (Richard Manchester, Ronald Stephens). Patterson
moved for adoption, Schneider seconded. Carried 7-0.
Reso. #120-92 - Appointment of Alderman to Library Board (Ald.
Patterson). Misko moved for adoption, Schneider seconded.
Patterson requested to abstain. Carried 6-0, with Patterson
abstaining.
Reso. #121-92 -Appointment of.Alderman to Parks & Recreation
Board (Ald. Misko). Patterson moved for adoption, Schneider
abstaining.
seconded. Misko requested to abstain. Carried 6-0, with Misko
Common Council Minutes
April 28, 1992
Page 6
LICENSE APPROVAL
Patterson moved for approval of Operator's License subject to
favorable police reports for June Logerquist. Sanders seconded,
carried.
VOUCHER APPROVAL
Patterson moved for approval of payment of General Vouchers in the
amount of $527,684.15. Simmons seconded. Carried 7-0.
Simmons moved for approval of payment of Utility Vouchers in the
amount of $131,036.72. Sanders seconded. Carried 7-0.
COMMUNICATIONS
Clerk reported a petition had been received from Scott Krause to
rezone property on North Cape Road from B-4 to R-3 to allow
May 12, 1992 at 7:15 PM. Referred to Plan Commission for review
residential development on 2.68 acres. Public hearing to be held
and recommendation.
Mayor noted the next school impact fee meeting will be May 1, 1992
at 3:30 PM at the District Office.
April 29, 1992 at 7:OO PM at City Hall.
Simmons noted the Comprehensive Plan Committee meeting will be
Sanders moved to adjourn at 10:48 PM. Simmons seconded, carried.
Respectfully submitted,
VOUCHER TOTALS
GENERAL FUND:
BOARD CHECKS (regular)
HAND CHECKS
END OF MONTH
HAND CHECK
END OF PIONTH
WATER:
HAND CHECKS
END OF MONTH
TOTAL UTILITY VGUCHEZS :