ccm19920728CITY OF MUSKEG0 COMMON COUNCIL
MINUTES OF MEETING HELD JULY 28, 1992
The meeting was called to order at 1:57 PM by Mayor Salentine.
Also present were Aldermen Dumke, Misko, Patterson, Sanders,
Molter.
Schneider, Simmons, and Taube, City Clerk Marenda, and Attorney
Patterson moved for approval of the Common Council minutes of
meeting held July 14, 1992. Dumke seconded, carried.
Proclamation read by Clerk encouraging citizens to participate in
9th Annual National Night Out on August 4 by turning on outdoor
lights from 8-10 PM to prevent crime.
Proclamation read by Clerk recognizing Keith Satorius, a student at
Bay Lane and member of Boy Scout Troop 19, for receiving a National
Lifesaving Award, the Medal of Heroism.
Laurie Fellner. Taube moved for adoption, Patterson seconded.
Reso. #195-92 - Recognizing City of Muskego Olympic Athlete
Carried 7-0.
PERSONAL APPEARANCES
City Auditor Don Vilione presented 1991 City, Sewer, and Water
Audit reports, indicating the City is in good financial condition.
The sewer rates should remain stable and a water rate application
has been submitted to the PSC to improve condition of the water
utility.
Dennis Sampson, Waukesha County Development Block Grant Board
Member, and County Supervisor Frank DeAngelis appeared to encourage
the City's renewed participation in the CDBG Program. Mayor noted
if City participates in CDBG, it is not eligible for state
development fund program. A resolution will be acted on at
tonight's meeting.
COMMITTEE REPORTS
Sanders presented Finance Committee minutes of meetings held July
carried.
22 and 28, 1992 and moved for acceptance. Patterson seconded,
held July 16, 1992 and moved for acceptance. Patterson seconded.
Schneider presented Public Welfare Committee minutes of meeting
Patterson referenced Page 1, Paragraph 2, noting that BFI will not
accept branches of any size. Motion carried.
held July 23, 1992 and moved for acceptance. Sanders seconded.
Schneider presented Public Utilities Committee minutes of meeting
Patterson requested individual consideration of Paragraph 4
regarding Diekfuss sewer. Sanders questioned statement in Page 2,
Paragraph 4, as to 24 residents voicing objection to the high water
tower and felt that they all may not have been opposed to the
height. Motion to adopt minutes without Diekfuss paragraph
carried. Dumke felt the Diekfuss sewer request should be reviewed
by the entire Council. Patterson moved that said paragraph be
Common Council Minutes
July 28, 1992
Page 2
deleted from the Utilities Committee minutes. Dumke seconded.
Patterson felt the City shouldn't encourage a developer to run
sewer outside a sewer service area. Simmons advised the property
RS-2 single-family. Simmons stated single-family development
is in the sewer service area. Sanders noted the property is zoned
date due to cost. Property owner is willing to put package
surrounds this parcel. The sewer main has not been extended to
together with no cost to City. He didn't feel City could legally
deny developer right to develop property. Simmons requested
permission for Attorney Wollenzein to address Council, Taube
objected. Request denied 5-2, with Patterson, Dumke, Misko,
Schneider, Taube voting "no," Sanders, Simmons voting "yes. I' Dumke
felt the Council had adopted a moratorium to control growth. He
requested waiting until City budget developed to determine cost to
where they were not before. We don't want to stop growth, but slow
City of rapid growth. We would be extending sewers to an area
it down. He questioned the event of running out of sewer
connections to MMSD and the need to purchase additional connections
at a high cost. Taube questioned letter that had already been sent
questioned isn't it really how it can be developed, not if it can
to property owner stating we didn't want to provide sewers. Molter
be developed. Sanders responded the property is in a sewer service
area and intended to be served by sewer. Simmons stated this area
Sanders stated we voted for moratorium to wait for Comprehensive
is in center of City, do you want mound systems in that location?
area is clear so that would not be a reason to hold up developing
Plan determination of properties to be zoned. The zoning in this
Moorland Road and where it would go through this property. Mayor
this parcel. Misko expressed concern about the extension of
noted Moorland Road should be mapped in 1993. Sanders noted the
Public Utilities Committee looks at sewer and water connections and
Patterson called for the question, Simmons objected, 6 in favor, 1
it is up to the Plan Commission to review the development.
opposed, with Simmons casting the only "no" vote. Motion to delete
paragraph regarding Diekfuss sewer extension carried 5-2, with
Patterson, Dumke, Misko, Schneider, Taube voting "yes," Sanders,
Simmons voting "no. I'
Plan Commission minutes of meeting held July 21, 1992 were
reviewed. Misko requested Taube to place the Dalal Reso. #P.C.
concern that the Council representative voted contrary to the
168-92 on the agenda for reconsideration. Simmons expressed
wishes of the Council. Schneider felt Plan Commission should look
individually at each building and expected Taube to take it back to
Plan Commission. Need to promote industrial growth. Taube
responded part of the problem is the Rules E, Regulations call for
by the Plan Commission. In the Council clarification, a statement facing building with decorative masonry or other materials accepted
of policy that Plan Commission should be willing to look at other
materials other than decorative masonry. In this case, other
materials were looked at and were not approved. Patterson asked
and those aldermen interested could appear. Taube stated
Taube if he would be willing to bring it back for reconsideration
aesthetically the building did not look bad, there are no buildings
brick was a maintenance-free material compared to cedar and
like that now, but even with directive of Council, he felt that
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July 28, 1992
Page 3
building has higher value for tax purposes with brick. He felt
stated you have to use the land first. Take each building on an
any more could be done at the Council level. Misko stated vacant
individual basis as to its appearance. Dumke stated he didn't feel
materials that are suited for industrial use, such as clad-steel
land brings no tax revenue. Simmons stated there are other
Commission. Plan Commission minutes were placed on file.
' that when standards are loosened, the value is reduced. Schneider
I
1 , siding, etc. There has to be a little give by the Plan
I Reso. #196-92 - Resolution as to City's Continued Participation
in Community Development Block Grant Program (non-renewal).
by not participating in another 3-year agreement with Waukesha
Patterson moved for adoption, Sanders seconded. Mayor noted that
County for CDBG funds, the City could be eligible for a maximum of
Carried 7-0.
$1.5 million W1 Development Funds to attract industrial tenants.
Reso. #198-92 - Approval of Final Plat, Subdivider's Agreement,
adoption, Dumke seconded. Sanders moved to amend H.l. of the
Subdivider's Agreement to add "with standard street signs,"
Patterson seconded, carried. Misko moved to amend G.l. of the
Agreement to insert "asphalt" before "paving," Taube seconded,
carried. Resolution #198-92 with amended Agreement adopted 7-0.
Reso. #136-92 - Approval of Intergovernmental Cooperation
deferred. Patterson moved to defer, Simmons seconded. Carried.
Clerk to check with County as to time limit for participation.
Ord. #I59 - An Ordinance to Amend Chapter 14, Section 1.5(2), of
Ordinance: Official Map. On floor, deferred. Noted that at
the Municipal Code of the City of Muskego -- Floodplain Zoning
public hearing numerous complaints were received from property
owners now designated in the floodplain. In reviewing with City
Engineers, it was found the map was prepared using top0 maps and
not field work. Field work has now been done and a revised map
presented, which now makes a number of properties out of the
be notified that they are no longer in floodway as previously
floodplain. A new HEC report was also run. Property owners will
noticed. Simmons moved to amend the date of the map in (b) to
July, 1992. Misko seconded, carried. Ord. X759 as amended adopted
6-1 with Sanders voting "no. 'I
Reso. #203-92 - Resolution to Appeal Plan Commission Decision --
Site Plan for American & Foreign Auto Body and Sales (Dalal).
Misko moved for adoption, Schneider seconded. All aldermen voting
Alderman Taube works it out at the next Plan Commission meeting,
in favor were invited to address the Board of Appeals, however, if
the appeal could be dropped. Carried 6-1, with Taube voting "no."
I
l and Letter of Credit -- Foxboro Subdivision. Patterson moved for
I 1
0 Agreement for Hazardous Material Spill Services. On floor,
B At 11:05 PM Attorney Molter was excused from the meeting.
Reso. #197-92 - Authorize Expenditure of Funds for Midwest
Engineering Services -- Little Muskego Lake Dam. Sanders moved for
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July 28, 1992
Page 4
' change $9,500 to $8,621, Schneider seconded. After discussion,
adoption, Taube seconded. Taube moved to amend Paragraph 5 to
with approval of second, Taube withdrew motion. Mayor felt this is
a joint method of trying to resolve the dam issue. He noted lawn
repair, tree and shrub damage will not be responsibility of City,
but hopes engineering firm will exercise care in bringing equipment
on site. Carried 7-0.
Reso. #199-92 - Approval of Preliminary Plat -- Wilkinson Estates
Subdivision. Taube moved for adoption, Sanders seconded. Carried
1
7-0.
Reso. #200-92 - Direct Parks Director to Bid Out Project -- Parks
Headquarters Building Exterior Restoration. Misko moved for
adoption, Dumke seconded. Carried 7-0.
Reso. #201-92 - Appointment of Members to Capital Budget
Committee. Simmons moved for adoption, Sanders seconded. Carried
7-0.
Reso. #202-92 - Removed from agenda.
Ord. #763 - An Ordinance to Amend the Zoning Map of the City of
Muskego (RS-2 to RSA -- Lemke). First Reading.
Ord. #764 - An Ordinance to Amend Chapter 21, Section 21.07(8)
and (ll), of the Municipal Code of the City of Muskego -- Sewer
Reading.
Utility: Annual Budget and Method of Payment of Charges. First
LICENSE APPROVAL
Patterson moved for approval of Operator's Licenses subject to
Fraser, Lisa Wojciechowski, Wilma Osgood, Heather Domres and
favorable police reports and required application fees for Kevin
Matthew Lenzen. Dumke seconded, carried.
VOUCHER APPROVAL
Patterson moved for approval of Class B Fermented Malt Beverage &
Intoxicating Liquor Licenses for Waste Management. Simmons
seconded, carried 7-0.
Patterson moved for approval of Gathering Permit and Soda License
for St. Paul's Evangelical Lutheran Church Picnic' August 2, 1992 or
rain date. Dumke seconded, carried 7-0.
Patterson moved for approval of Salvage h Recycling Permit for
James Kohne Salvage and Jack Glockner Salvage. Dumke seconded,
carried 7-0.
Patterson moved for approval of amended Class B Fermented Malt
August 1, 1992 for Paul Schaumberg (Choir Practice) with dance to
11:30 PM. Carried 7-0.
m Beverage h Intoxicating Licenses and Outside Dance permit for
Common Council Minutes
July 28, 1992
Page 5
i) amount of $115,330.32. Dumke seconded. Carried 7-0.
Sanders moved for approval of payment of Utility Vouchers in the
amount of $448.749.71. Misko seconded. Carried 7-0.
Patterson moved for approval of payment of General Vouchers in the
COMMUNICATIONS
Clerk acknowledged receipt of petition from Harold DeBack to rezone
property in SE 1/4 of Section 17 from RS-2 to 1-1 to allow machine
shop adjacent to City's Industrial Park. Public hearing scheduled
for August 11 at 7:20 PM. Referred to Plan Commission for review
and recommendation.
Mayor reported that discussions were being held with City Engineers
and Attorney regarding liquidated damages from the contractor of
the Public Works Dept building project because of completion date.
Mayor reported on the field changes and DILHR required changes for
the MVFC construction project. The architect to be invited to
closed session to be discussed with City Attorney. MVFC to be
appear before the Council meeting on August 11, with request for
contacted by Mayor to hold ordering of any equipment and cancel
compressor order, provided no penalty imposed. Mayor to attempt
meeting with Fire Chief, Schneider and Taube.
Simmons moved to adjourn at 11:50 PM. Misko seconded, carried. 0 Respectfully submitted,
Marenda, CMC
ty Clerk