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ccm19920609CORRECTED PA9e I CITY OF MUSKEG0 COMMON COUNCIL MINUTES OF MEETING HELD JUNE 9, 1992 The meeting was called to order at 8:05 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 meeting held May 26, 1992. Dumke seconded. Carried. COMMITTEE REPORTS Sanders presented Finance Committee minutes of meetings held June 3 and 9, 1992 and moved for acceptance. Dumke seconded. Carried. May 28, 1992 and moved for acceptance. Simmons seconded, carried. Schneider presented Public Works Committee minutes of meeting held Misko presented Public Safety Committee minutes of meeting held June 4, 1992 and moved for acceptance. Simmons seconded. The Clerk stated that closing the Building Inspection and Planning Departments from Noon-3PM was shifting the burden of dealing with phone calls and walk-ins for those departments to the Clerk’s staff. Motion carried. meeting held June 4, 1992 and moved for acceptance. Simmons Taube presented Rules, Laws & Ordinance Committee minutes of seconded, carried. Plan Commission minutes of meetings held May 27 and June 2, 1992 were reviewed and placed on file. UNFINISHED BUSINESS Muskego to Discontinue and Vacate a Portion of Kelly Drive. Reso. #103-92 - Proceeding by the Common Council of the City of Introduced 4/28/92. Dumke moved for adoption, Taube seconded. Carried 7-0. Agreement for Hazardous Material Spill Services. On floor, Reso. #136-92 - Approval of Intergovernmental Cooperation Management Office states it is not necessary to enter such deferred 5/26/92. Attorney Molter reported the County Emergency agreement. Molter did not recommend approval because of the liability questions involved. The Clerk was directed to write a some concerns that need addressing. Simmons moved to defer, Misko letter to the County informing them the City is interested but has seconded. Carried. Reso. #138-92 - Approval of Police School Liaison Officer Program. Dumke moved for reconsideration, Sanders seconded. Committee on June 3, 1992 and to further amend Paragraph 7 to add Carried 7-0. Sanders moved to amend as approved by the Finance “replacement“ before “officer“ and to delete “assigned as School CITY OF MUSKEG0 COMMON COUNCIL &UTES OF MEETING HELD JUNE 9, 1992 \ "&, called to order at 8:05 PM by Mayor Salentine. Aldermen Dumke, Misko, Patterson, Sanders, - and Taube, City Clerk Marenda, and Attorney Molter. 1992. Dumke seconded. Carried. approval of the Common Council minutes of COMMITTEE REP0 Sanders presented of meetings held June 3 and 9, 1992 and mo for acceptance. Dumke seconded. Carried. May 28, 1992 and move Schneider presented inutes of meeting held ons seconded, carried. Misko presented Rules, L meeting held Jun Ordinance Committee minutes of ptance. Simmons seconded. The C Building Inspection and Planning Departments fro on-3PM was shifting the burden of dealing with phone calls and k-ins for those departments to the Clerk's staff. Motion Carrie Taube presented ittee minutes of meeting held Jun ptance. Simmons seconded, carried. Misko presented tes of meeting held June 4, 1992 and ers seconded, carried. were reviewed and placed on file. Plan Commission 27 and June 2, 1992 UNFINISHED BUSINESS \ Reso. #103-92 - Proceeding by the Common Coun Muskego to Discontinue and Vacate a Portion o Introduced 4/28/92. Dumke moved for adoption Carried 7-0. Reso. #136-92 - Approval of Intergovernmental Agreement for Hazardous Material Spill Servic deferred 5/26/92. Attorney Molter reported t Management Office states it is not necessary agreement. Molter did not recommend approval liability questions involved. The Clerk was letter to the County informing them the City some concerns that need addressing. Simmons seconded. Carried. Reso. #138-92 - Approval of Police School Liaison Officer Program. Dumke moved for reconsideration, Sanders seconded. Carried 7-0. Sanders moved to amend as approved by the Finance Committee on June 3, 1992 and to further amend Paragraph 7 to add Common Council Minutes June 9, 1992 Page 2 Liaison Officer" after "officer." Patterson seconded, carried. "replacement" before "officer" and to delete "assigned as School Resolution #138-92 as amended adopted 7-0. Reso. #139-92 - Amendment to 1992 Budget. On floor, deferred 5/26/92. Simmons moved to defer to get dollars remaining in Building Inspection Contracted Services for temporary clerical help to be transferred to Contingency to assist in payment of full-time position to be created. Patterson seconded, carried. NEW BUSINESS Divisions. The Clerk read Proposal #I, which would continue the Reso. #149-92 - Declaring an Extension of a Moratorium on Land moratorium on all land divisions in the City, and Proposal #2, which would extend the moratorium on all land divisions only in those areas identified in the proposed Comprehensive Plan as anticipated to be considered for rezoning. Taube spoke in favor of Proposal #l. Simmons and Sanders spoke in favor of Proposal #2. With permission of Council, residents spoke to the issue. Mrs. Gillespie felt the original moratorium was requested to discuss the master plan and since no changes are proposed for Field Drive area, she requested she be allowed to continue with her proposal. As Chairman of the Study Committee, Mr. Stan Potrykus stated it was his understanding the moratorium was to give the Committee time to give its report to Plan Commission. The Committee has met, items have been ironed out, and he felt it would be very unfair to use this moratorium to just stop development in general. He indicated 95% of the land is not going to be rezoned. The construction season is short. Waiting for another 30 days would stop development for this year. He requested Proposal #2 be approved. Mr. Harold DeBack stated he saw no purpose in putting the moratorium on the whole City because it was placed originally to provide a chance to look at what areas were to be rezoned. He felt the moratorium should be removed. Toby Sobczak stated he was presently living in Muskego and would like to build. Prices are going up and construction period is plans. short. An extension of the moratorium would put a stop to his Patterson expressed concern about the industrial issue and felt uncomfortable with recommendation of Plan Commission regarding industrial land. If Proposal #2 is approved, no attention would be given to future industrial growth in the City. He preferred Proposal #1 for another 30 days, or suggested that another criteria received for division, they would have to show that area would be be added addressing the industrial issue that if a proposal is inappropriate for industrial use and get a waiver for development. He asked for approval of Proposal #1 with that amendment. Common Council Minutes June 9, 1992 Page 3 Simmons felt the industrial issue had been addressed by the Committee and this is .not the place to hold up the progress of the City's future. The issue can be discussed at the public hearing on the Comprehensive Plan. Attorney Molter reported he issued a legal opinion in March that a moratorium is questionable at best. There was a basis for it, however, since it was not known what might be rezoned. He has Molter addressed Patterson's proposal, stating he had the same concerns about Proposal #2, but has many more concerns about #l. concerns, because a moratorium would be on the entire City until someone comes to the Council for their waiver. He asked that no amendments be made to the wordings proposed in either Proposal. Taube stated that if the City has any desire to temper the taxes, more commercial and industrial development is necessary. He did not believe the City could go 10-15 years without looking at prior to the 1992 election to place 80 apartments in the area the industrial growth. He disagreed with the decision of the Council Comp Committee proposed for industrial use. He felt that Plan Commission minutes of the review of the Plan tells them there is a prejudice that residential development is more important than commercial or industrial. He felt the industrial land needed to be areas. zoned now so that subdivisions do not continue to grow in those Patterson stated the Comp Plan Committee would not have recommended Simmons moved for adoption of Proposal #2, Sanders seconded. addressed. Misko stated he agreed with Taube's comments. Mayor industrial land if it was not needed and feels it must be Commission and not the Council. It was Taube's feeling that stated the Comp Plan was under the jurisdiction of the Plan nothing has been done to replace the industrial acreage lost due to Plum Creek Development. Dumke stated that for 22 years he has voted to control growth and in favor of industrial development. He spoke in favor of Proposal #2. Patterson again asked to maintain the complete moratorium until after the public hearing in the event some additional input is given on industrial growth. Simmons moved to insert "four months" in Paragraph 8 of Proposal #2, Sanders seconded. Motion carried. Motion to adopt Proposal #2 carried 4-3 with Dumke, Sanders, Schneider, Simmons voting "yes," and Patterson, Misko, Taube voting "no." Reso. #150-92 - Award Bid for SCADA System. Sanders moved for adoption, Schneider seconded. Carried 7-0. Reso. #151-92 - Acceptance of Improvements -- Woodcrest Heights Subdivision. Misko moved for adoption, Sanders seconded. Carried 7-0. Common Council Minutes June 9, 1992 Page 4 Reso. #152-92 - Approve Transfer of Big Muskego Lake Dam. Dumke moved for adoption, Schneider seconded. Molter expressed concern that we have proper title to the property. Taube moved to defer, Misko seconded. Carried. Reso. #153-92 - Approval of Certified Survey Map -- Belanger/ Town of Norway. Taube moved for adoption, Dumke seconded. Carried 4-3 with Patterson, Dumke, Sanders, Taube voting "yes," and Misko, Schneider, Simmons voting "no. " Reso. #154-92 - Approval of Final Plat -- Nordic Ridge/Town of Norway. Taube moved for adoption, Dumke seconded. Carried 4-3 with Patterson, Dumke, Sanders, Taube voting "yes," and Misko, Schneider, Simmons voting "no. " . Reso. #155-92 - Approval of Various License Applications for the City of Muskego for the Licensing Period July 1, 1992 to June 30, requested the Clerk not issue the Trap/Rifle License for Hunter's 1993. Dumke moved for adoption, Patterson seconded. Dumke Nest until he discussed the conditions with applicant. Motion carried 7-0. Reso. #156-92 - Removed from agenda Reso. #157-92 - Patterson moved amend Parasraph Creating Position of Receptionist/Typist I. for adoption, Sanders seconded. Patterson moved to amend Paragraph 7 to add transfer from Contracted Services and to 4 to change start date to June 22, 1992 and to adjust dollar amount of transfer due to new start date. Dumke seconded, carried. Resolution #157-92 as amended adopted 7-0. " Reso. #158-92 - Renewal of Extractive Permit -- Glockner. Taube moved for adoption, Dumke seconded. Carried 7-0. Reso. #159-92 - Resolution as to Council Support for Moorland Taube moved to amend Paragraph 5 in order to have appropriate Road Extension. Simmons moved for adoption, Sanders seconded. mapping, engineering, and plans for the future, to read "Whereas, the project will be planned and designed for the proposed 5 lanes and built as a 2-lane road" and to amend Paragraph 4 to change "Waukesha County" to "the Waukesha County Executive. 'I Schneider upgrading of the intersection and College Avenue. It was felt that seconded, carried. Schneider also expressed concern about the the County would automatically include that. Motion to amend carried. Resolution #159-92 as amended adopted 7-0. Reso. #160-92 - Establishing Traffic Regulations. Misko moved for adoption, Schneider seconded. Carried 7-0. Reso. #161-92 - Approval of Lease Agreement Between Kenneth & Misko moved for adoption, Patterson seconded. Carried 7-0. Judith Grenz and the City of Muskego -- Idle Isle Park Pavilion. Ord. #754 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-2 to RSM/OPD -- Lutherans Inc. for Elderly). First Common Council Minutes June 9, 1992 Page 5 Reading. Patterson moved for suspension of rules to allow seconded reading, Dumke seconded. Dumke questioned the suspension of rules since he felt that at a previous meeting it was determined not to do that. Patterson felt this was a re-approval of a previous action. Taube had concerns about the ingress/egress issue presented at the public hearing. Mayor noted that is under the control of the Plan Commission. Motion carried 6-1 with Taube voting "no." Second reading. Patterson moved for adoption, Simmons seconded. Taube noted there were 52 units proposed. At the suggestion of Molter, Patterson moved to amend Section 1 to add substantial excavation for foundations, footings, or base for new "for purposes of this Ordinance construction means the beginning of construction." Simmons seconded. Misko expressed concern about growth control. He stated he was in favor of this project, but wondered if the Council was going to continue to grant rezonings. Patterson stated this was something that was committed to a year ago. Misko requested that in the future, the Council members stick with the zoning that is on the property. Motion to amend carried 7-0. Ordinance #754 as amended adopted 6-1 with Taube voting "no." Municipal Code of the City of Muskego -- Orderly Conduct: Open Ord. #755 - An Ordinance to Amend Chapter 9, Section 9.22, of the allow second reading, Schneider seconded. Carried 7-0. Schneider Fires. First Reading. Taube moved for suspension of rules to moved for adoption, Taube seconded. Patterson moved to delete "paper" in 9.22(1), Taube seconded. Motion defeated 5-2 with Dumke, Misko, Sanders, Schneider, Simmons voting "no," and Patterson, Taube voting "yes." Ordinance #755 adopted 5-2 with Dumke, Misko, Sanders, Schneider, Simmons voting "yes," Patterson, Taube voting "no. '' Ord. #756 - An Ordinance to Amend Chapter 16, Section 16.20, of the Municipal Code of the City of Muskego -- Plumbing Code: Sump Pumps. First Reading. Ord. #757 - An Ordinance to Amend Chapter 8, Sections 8.02 and 8.025, of the Municipal Code of the City of Muskego -- Streets and Sidewalks: Driveway and Culvert Construction. First Reading. Ord. #758 - An Ordinance to Amend Chapter 12, Section 12.16, of the Municipal Code of the City of Muskego -- Licenses and Permits: Swimming Pools. First Reading. LICENSE APPROVAL Patterson moved for approval of Operator's Licenses subject to favorable police reports for Suzanne Brunner. Dumke seconded, carried. Patterson moved for approval of Gathering Permit for Little Muskego Lake Association Lakefest June 19-21, 1992, Taube seconded. Carried 7-0. Common Council Minutes June 9, 1992 Page 6 VOUCHER APPROVAL Patterson moved for approval of payment of General Vouchers in the be held for verification of correct dollar amount by Mayor and amount of $269,402.56, with Check #go212 in the amount of $5,035 to Department Head's explanation to Finance Committee. Sanders seconded. Carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $19,241.58. Misko seconded. Carried 7-0. CITY OFFICIALS' REPORTS Attorney Molter reported on questions asked on ability of City to annex the part of the Town of Norway in the Muskego-Norway School District or could City initiate procedure to split off the Muskego part of the District. He stated as to annexation, only residents of the Town can petition for annexation. In reviewing the School District law, State Statute 117, he didn't find anything on the breakup of a district, which he felt could only start by action of the school district or property owners in the school district. He suggested that the State Department of discussing this matter with the School Board first. Patterson Education be contacted for general answers. Mayor suggested with the ability to understand the situation and then discuss the agreed. Taube felt the investigation as to options should be done next step. The Clerk was directed to write to the State Superintendent of Schools, Herbert Grover, as to what alternatives are available for dividing a school district. COMMUNICATIONS The Clerk reported the petition of the Council to amend Chapter 14 to adopt the revised official floodplain map for the area south of the Little Muskego Lake Dam would be presented to public hearing on Tuesday, June 23, 1992 at 7:15 PM and a petition was received from Alfred Badertscher to rezone property on Field Drive from RCE to EA hearing to held on Tuesday, June 23, 1992 at 7:20 PM. in order to enter the Farmland Preservation Program with the public Simmons moved to adjourn at 12:03 AM. Dumke seconded, carried. Respectfully submitted, n K. Marenda, CMC COUNCIL MEETING DATE 6 9 9~ GENERAL FUND: BOARD CHECKS (regular) 644. /f HAND CHECKS END OF MONTH TOTAL UTILITIES SEWER: BOARD CHECKS (regular) d, 2943b HAND CHECK END OF MONTH - - WATER: BOARD CHECKS (regular) /j7 938h 7 HAND CHECKS - END OF MONTH 8 55- TOTAL UTILITY VGUCHERS .