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ccm19920623CITY OF MUSKEG0 COMMON COUNCIL MINUTES OF MEETING HELD JUNE 23, 1992 The meeting was called to order at 9:15 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 June 9, 1992. Dumke seconded. Several corrections were noted by Misko. Approved as corrected. COMMITTEE REPORTS Sanders presented Finance Committee minutes of meetings held June 17 and 23, 1992 and moved for acceptance. Patterson seconded. Taube objected to the sale of land on Ruby Drive for only $8,000 for lot with access to Little Muskego Lake. Carried. Schneider presented Public Works Committee minutes of meeting held June 11, 1992 and moved for acceptance. Patterson seconded, carried. held June 18, 1992 and moved for acceptance. Misko seconded. Schneider presented Public Utilities Committee minutes of meeting Patterson requested individual consideration of Paragraph 1, Page 2, regarding amending the sewer service area boundary. Motion to accept minutes without said paragraph carried. Patterson moved that said paragraph be deleted to send right signal to developers regarding controlling growth. Misko seconded. Sanders felt the action of the Committee should stand in the minutes. Mayor stated this is recommended by the Committee and the Council should act on the matter when resolution is discussed. Taube called for the question, no objections. Motion to delete said Paragraph defeated 5-2, with Dumke, Misko, Sanders, Schneider, Simmons voting "no," minutes. and Patterson, Taube voting "yes." Said Paragraph to remain in Plan Commission minutes of meeting held June 16, 1992 were reviewed and placed on file. Misko requested the sign ordinance be placed on next Rules, Laws & Ordinance Committee agenda for review. Reso. #164-92 - Accept Offer to Purchase City-Owned Land -- Ruby Drive. Sanders moved for adoption, Patterson seconded. Taube objected because the offer was too low; the Lake District was not more; and the Assessor wasn't asked to determine value of land as requested to give their input; Lake property is selling for much buildable lot. Mayor turned over the chair to Patterson. Mayor stated that the property's topography does not justify greater value; lot has been listed for many years; it is non-conforming lot; and combining the two lots would be advantageous with only one dwelling on one conforming lot. There is public access on other side of neighboring property. Assessor had lot valued higher but because it hasn't sold proves that it wasn't worth it. Simmons agreed because of the topography and lake values are excessively valued. Misko agreed and stated it is common sense to get the lot on the tax roll and felt the offer is good. Dumke noted this lot Common Council Minutes June 23, 1992 Page 2 has been for sale for a number of years; he would be glad if the Lake Association would buy it. Taube felt architecturally there are ways to deal with the topography and felt that the City, Lake District, and Parks E, Recreation Board should be involved. Mayor resumed chair. Patterson felt value should be $9,000-10,000. Schneider moved to amend Paragraph 5 to add "and making clear that the transaction will be null and void unless buyers are successful with the purchase of Lot 61, Jewel Crest Subdivision." Misko seconded. Carried 6-1, with Taube voting "no." Resolution #164-92 as amended adopted 5-2, with Patterson and Taube voting "no." Reso. #167-92 -Approval of Certified Survey Map -- De Back. Taube moved for adoption, Sanders seconded. Carried 7-0. Reso. #177-92 - Authorize Amendment to the Sewer Service Area. extending sewer service area when we are asked to control growth. Sanders moved for adoption, Simmons seconded. Patterson opposed Committee meeting and felt the request should be denied. Misko Schneider reported he had done some rethinking since Utilities agreed and requested zoning where lots can be bigger to have septic systems in the area of 60,000 square feet. Simmons stated this property was originally in the sewer area and was a pencil mistake that it was removed, however, he took the same stand as other aldermen. Patterson stated he thought SEWRPC decided the sewer area would only go a certain number of feet from the other side. Mayor stated it was done when there was no sewer on Hillendale. It was taken out by resolution. Taube called for the question, Sanders objected. Call for the question was defeated 7-0. Sanders said area was removed because it was felt no one would develop next to a landfill. Plan Commission has recommended RS-1 zoning. This area seems to be a natural extension for sewer service. It is only an addition of approximately 20-25 acres to be rezoned. Mound systems in that area don't make sense with sewer next to it. Without extension of sewer service area, it will create a limited, spotty development, with driveways onto Hillendale. With RS-l/PUD, a quality development for the whole area could be built. Misko questioned proceeding prior to the Comp Plan being approved. Taube felt a subdivision will create more traffic on Hillendale. Dumke called for the question, no objections. Motion to adopt Resolution Taube voting "no," and Sanders, Simmons voting "yes ." #177-92 defeated 5-2, with Patterson, Dumke, Misko, Schneider, Agreement for Hazardous Material Spill Services. On floor, Reso. #136-92 - Approval of Intergovernmental Cooperation deferred 6/9/92. Taube moved to defer to next Council. Misko seconded, carried. Reso. #139-92 - Amendment to 1992 Budget. On floor, deferred 6/9/92. Patterson moved to amend to include changes provided by Clerk. Dumke seconded, carried. Resolution #139-92 as amended adopted 7-0. Reso. #152-92 - Approve Transfer of Big Muskego Lake Dam. On floor, deferred 6/9/92. Sanders moved to defer until all , Common Council Minutes June 23, 1992 Page 3 requirements are met to accept the Dam. Patterson seconded, carried. Ord. #756 - An Ordinance to Amend Chapter 16, Section 16.20, of the Municipal Code of the City of Muskego -- Plumbing Code: Sump Pumps. Second Reading. Dumke moved for adoption, Misko seconded. Schneider moved to defer and refer to Public Works Committee for further review. Dumke seconded, carried. 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. Second Reading. Dumke moved for adoption, Sanders seconded. Sanders moved to amend to add proposed language regarding notification. Misko seconded, carried. Ordinance #757 as amended adopted 7-0. 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. Second Reading. Taube moved for adoption, Misko seconded. Carried 7-0. Reso. #162-92 - Proceeding by the Common Council of the City of Muskego to Discontinue and Vacate a Portion of Crest Drive. Introduced, Public Hearing to be August 18, 1992 at 7:15 PM. Reso. #163-92 - Award Bid for Modification to Well Pumpstation No. 2. Sanders moved for adoption, Schneider seconded. Carried 7-0. Reso. #165-92 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under 566.60 WI Drive/Lions Park Extended Water Project, Project MW-15-92, Statutes as to Water Improvement Assessment Area for Valley Assessment District "WN." Sanders moved for adoption, Simmons seconded. Taube questioned Utilities Committee on rationale of extending water from Pioneer and not Kelly and requested assurance that 50% of affected persons were in favor. Committee responded. Taube left the meeting. Carried 6-0. Reso. 11166-92 - Acceptance of Quote for Sewer Hook-Up -- Just. to delete in Paragraph 4 "with hook-up to be completed within 30 Sanders moved for adoption, Misko seconded. Sanders moved to amend days from the date of this Resolution" and add "with the Utility Superintendent directed to negotiate the earliest possible connection date." Carried. Resolution #166-92 as amended adopted 6-0. Reso. #168-92 - Removed from agenda. Reso. #169-92 - Approval of Preliminary Plat -- Kelly Estates. Misko moved for adoption, Dumke seconded. Carried 6-0. Reso. #170-92 - Removed from agenda. 1 Common Council Minutes June 23, 1992 Page 4 Reso. #171-92 - Approval of Various License Applications for the City of Muskego for the Licensing Period July 1, 1992 to June 30, 1993. Dumke moved for adoption, Patterson seconded. Carried 6-0. Reso. #172-92 - Appointment of Citizen Members to Stone Ridge I & I1 Landfill Standing Committee. Patterson moved for adoption to appoint Joe Campbell and Pete Burgeson, Sanders seconded. Carried 6-0. Reso. #173-92 - Appointment of Citizen Members to Library Board Schneider seconded. Carried 6-0. (Jane Mundro, Jane Roberson). Patterson moved for adoption, Reso. #174-92 - Resolution Combining Wards for Election Purposes. Simmons moved for adoption, Sanders seconded. Clerk was directed to contact other municipalities for possible purchase of additional voting machines, Carried 6-0. Reso. #175-92 - Removed from agenda. with Disabilities Act of 1990 (ADA). Patterson moved for adoption, Reso. #176-92 - Establishment of Grievance Procedure -- Americans Dumke seconded. Carried 6-0. Reso. #178-92 - Removed from agenda. Ord. #759 - An Ordinance to Amend Chapter 14, Section 1.5(2), of the Municipal Code of the City of Muskego -- Floodplain Zoning Ordinance: Official Map. First Reading. Ord. #760 - An Ordinance to Amend the Zoning Map of the City of Muskego (RCE to EA -- Badertscher). First Reading. Ord. #761 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-2 to RS-2/0PD -- Terra Development/Plum Creek Subdivision). First Reading. Schneider directed to contact Attorney Molter on his questions regarding approval. LICENSE APPROVAL Patterson moved for approval of Operator's Licenses subject to Xuchler, Kimberly Ashmus, June Webster, Jeannie Prohaska, LaVonne favorable police reports and required application fees for Michelle Gerth, Paul Beck, and Mark Anderson. Sanders seconded, carried. VOUCHER APPROVAL Patterson moved for approval of payment of General Vouchers in the amount of $307,691.23. Dumke seconded. Carried 6-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $400,410.96. Misko seconded. Carried 6-0. COMMUNICATIONS Common Council Minutes June 23, 1992 Page 5 held for license approvals at 6:45 PM on Tuesday, June 30, 1992 The Clerk reported that a Special Common Council meeting will be prior to the Comprehensive Plan Public Hearing being held by the Plan Commission scheduled for 7:OO PM on same day. Mayor reported the Plan Commission secretary position is vacant. No objections were voiced to proceeding with hiring a replacement. Sanders moved to adjourn at 11:45 PM. Simmons seconded, carried. Respectfully submitted, *K an K. Marenda. Wh CMC COUNCIL MEETING DATE tk</@L GENEFM. FUND: BOARD CHECKS (regular) HAND CHECKS END OF MONTH TOTAL : UTILITIES: SEWER BOARD CHECKS (regular) HAND CHECK END OF PIONTH WATER: BOARD CHECKS (regular) HAND CHECKS END OF MONTH