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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 I Common Council Minutes 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 I Common Council Minutes 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