ccm19921124CORRECTED 12/8/92
CITY OF MUSKEG0 COMMON COUNCIL
MINUTES OF MEETING HELD NOVEMBER 24, 1992
The meeting was called to order at 8:28 P.M. by Mayor
Salentine. Also present were Aldermen Patterson, Dumke, Misko,
Schneider, Taube, and Sanders, City Clerk Marenda, and Attorney
Molter. Alderman Simmons was absent.
Patterson moved for approval of the Common Council minutes Of
meeting held November 10, 1992. Dumke seconded, carried.
COMMITTEE MINUTES
Sanders presented the Finance Committee minutes of meetings
held November 18 and 24, 1992 and moved for acceptance.
Patterson seconded, carried.
Schneider presented the Public Welfare Committee minutes of
meeting held November 11, 1992 and moved for acceptance.
Patterson seconded. Attorney Molter will check if public
bidding law must be followed for fencing materials for the
chipping operation moving to the DPW garage. Patterson noted
cost would be paid by Recycling Grant funds. Mayor questioned
spending money on additional BFI recycling site if curbside
recycling will be forthcoming. Patterson reported the Metro
Landfill site will continue free dumping for Muskego residents
through December 31, 1993 all day Wednesdays and 8 to 12 on
Saturdays. Motion carried.
meeting held November 12, 1992 and moved for acceptance.
Schneider presented the Public Utilities Committee minutes of
Attorney Molter recommended approving only those parts of the
Sanders seconded. Regarding the Candlewood Creek Subdivision,
minutes granting 31 connections and granting the 120 connections
contingent on working out an agreement on payment for the
extension, pay backs, etc. Schneider requested individual
consideration of language in the last paragraph of Page 1, "and
to indicate that the City is receptive to participating in a
cooperative agreement wherein other land owners would share in
basis." Patterson requested individual consideration of #2, "A
the repayment of the cost of the interceptor on a prorata
request for 120 sewer connections which would ultimately be
serviced by the sewer main extension granted in #1." The motion
to approve minutes without above two paragraphs carried.
Sanders spoke in favor of leaving #2 in the minutes.
Package needs to be worked out with the assistance of financial
advisor. Taube concerned #2 does not address that development
would occur over a number of years. Patterson felt if this were
approved, in working out the agreement they could come back and
could amend the minutes to add language that the development
say we approved it. Sanders thought the Utilities Committee
will be phased in. Mayor noted many questions remain, sewer
interceptor needs to be designed, Subdivider's Agreement
approved, Chapter 30 permit obtained, Plan Commission approval,
Common Council Minutes
November 24. 1992
Page 2
etc. This would just tell them they have the sewer connections.
Misko stated the developer has agreed to phase in the project
and asked if this could be addressed in the Subdivider's
Agreement. Schneider felt #2 should remain in the minutes. #2
approved to stay in the minutes by a vote of 4-2 with Dumke,
Misko, Sanders, Schneider voting "yes" and Patterson and Taube
voting "no." On the approval of the language in the last
paragraph of Page 1, the vote was 6 "no" to 0 "yes" with the
a letter to the developer to not spend money so we do not get
language, therefore, deleted. Taube moved that the Clerk send
years still to be resolved. Dumke seconded. It was suggested
into vested rights issue of extending sewer over a period of
developers be invited to appear before the next meeting. Mayor
noted Plan Commission already authorized spending money. Beth,
a representative of Towne Realty, was given permission to
speak. She stated they are willing to enter into a time
frame. She understood it can be addressed in the Subdivider's
Agreement which they have one year to do. She stated they have
a contract to buy land. She would be willing to offer a letter
of understanding whereby we will put in writing we agree to
phase in over 3-4 years with no more than 50 lots per year.
Taube withdrew motion with approval of a second with letter of
understanding to be sent by Towne Realty.
Schneider presented Public Works Committee minutes of meeting
held November 19, 1992 and moved for acceptance. Dumke
seconded, carried.
placed on file.
Plan Commission minutes of November 17, 1992 were reviewed and
Ord. 770 - An Ordinance to Amend the Zoning Map of the City
of Muskego as recommended by the Comprehensive Land Use Plan.
A-2 to delete Tax Key Nos. 2235.997 and 2276.999.005 to allow
On the floor, deferred 11/10/92. Sanders moved to amend Exhibit
these properties to remain EA. Carried 6-0. Misko presented a
list of properties proposed to be rezoned to RSE with his
recommendation they remain RS-1 and moved to delete the
following from Exhibit A-1: 2171.001-.008; 2171.010-.019;
2171.987; 2171.987.001; 2171.994-.997; 2171.997.001-.003;
2171.101-.112. Patterson seconded. Carried 6-0. Misko moved
to also delete the following from Exhibit A-1: 2257.994,
2171.998, 2171.999, 2224.999, and 2178.997 and to amend Section
1 of the Ordinance to add, "and any changes made by the Plan
Commission or Common Council." Sanders seconded, carried 6-0.
Patterson moved to defer amended Ordinance until next Council
meeting. Misko seconded, carried.
Ordinance 771 - An Ordinance to Amend the Zoning map of the
City of Muskego (RS-2 to RS-2/OPD) Plum Creek. Second
reading. Taube moved for adoption. Dumke seconded.
Taube questioned allocating sewer connections over a four-year
period without obtaining a financial guarantee. Sanders
explained the Utilities Committee's position and developer's
position that if a financial guarantee had to be made on all
Commoyuncil MinutesfiTq; d
Novemb r 24, 1992
Page 2
ould just tell them they have the sewer connections.
the developer has agreed to phase in the project
and asked this could be addressed in the Subdivider's
neider felt #2 should remain in the minutes. #2
f 4-2 with Dumke,
Patterson and Taube
voting "no. I' in the last
language, theref deleted, Taube moved that the Clerk send a
letter to the de so we do not get into
still to be resolve umke seconded. It was suggested
developers be invit appear before the next meeting. Mayor
a representative of To
She stated they are wi
which they have one year 0. She stated they have a contract
understanding whereby we wil we agree to phase
to 0 "yes" with the
a period of years
vider's Agreement
a letter of
per year. Taube
a second with letter of
Schneider presented Public Works
held November 19, 1992 and moved
ittee minutes of meeting
seconded, carried.
acceptance. Dumke
placed on file.
Map of the City
ed to amend Exhibit
e Land Use Plan.
period without obtaining a financial guarantee. Sanders
Taube questioned allocating sewer connections over a four-yea
explained the Utilities Committee's position and developer's
position that if a financial guarantee had to be made on all
Common Council Minutes
November 24. 1992
Page 3
a
0
'@
the connections granted, they would want to.do it all in one
year. Motion to adopt carried 4-2 with Dumke, Misko, Sanders,
and Schneider voting "yes" and Patterson and Taube voting "no."
Reso. #284 - Approval of Final Plat, Subdivider's Agreement
and Letter of Credit-Plum Creek. Sanders moved for adoption.
Dumke seconded. Mayor noted developer was requesting 17 model
homes be allowed rather than two in Section XI1 of the
Subdivider's Agreement for the Parade of Homes. Sanders moved
to amend Section XI1 to allow 17 model homes only if the Parade
of Homes is approved. Schneider seconded. A request was made
to allow Mr. Carity to speak. Taube objected. Approval given
5-1 with Taube voting "no." Carity explained proposal. Taube
stated this is the same developer with ongoing problems with
LMLA and LMLD. Taube added if the developer wants the sewer
connections to be allocated over four years, we should get
something back. In lieu of putting up a bond, the developer
should agree to "X" number of connections per year for four
years. Mayor noted once the plans are approved, you cannot take
the sewer connections away. Molter noted there is nothing in
the Subdivider's Agreement about sewer connection permits. They
don't want to comply with our present Ordinance and by putting
them all in the Letter of Credit. Misko asked if the City could
charge a fee for tracking RECs on a yearly basis. Molter said
"yes". Motion to adopt carried 6-0.
Taube moved for adoption. Misko seconded. Molter stated it
appears the floodplain ordinance may .be in conflict with 2.6 of
the zoning ordinance. Mr. Bonney representing Mr. DeAngelis was
permitted to review his request. Taube noted this is the parcel
Taube moved to defer and refer to Rules, Laws & Ordinance
referred to in a letter received from Ron Ford to the Council.
Committee. Misko seconded, carried.
Reso. #287 - Approval of Preliminary Plat-Champions Village
of Country Club Villages. Taube moved for adoption. Sanders
seconded. Misko questioned the addition of requirement for
park amenities. Molter stated this would be reviewed at time
of Subdivider's Agreement approval. Sanders moved to amend
reference to "two outlots" to "four outlots." Patterson
seconded. Carried. Misko moved to add after "four outlots"
seconded, carried. Taube moved to defer to obtain legal
"with the 8-9 acre outlot to be a potential park." Sanders
opinion on amenities. Patterson seconded. Taube stated he was
uncomfortable with not having an alternative site for park land
Schneider stated he would like to see these things in final
if DNR does not allow the land designated for park purposes.
form and settled before they come to Council. Motion to defer
defeated 5-1 with Taube casting only "yes" vote. Resolution
#287, as amended, adopted 5-1 with Taube casting only "no" vote.
moved for adoption. Misko seconded. Carried 6-0.
Reso. #288 - Approval of Certified Survey Map-Schmidt. Taube
Reso. #286 - Approval of Certified Survey Map-DeAngelis.
Common Council Minutes
November 24, 1992
Page 4
Reso. #289 - Approval of Certified Survey Map-Peters. Taube
moved for adoption. Sanders seconded. Carried 6-0.
Reso. #290 - Approval of Certified Survey Map-Seamen. Taube
moved for adoption. Dumke seconded. Carried 6-0.
Reso. #296 - Resolution Indicating City's Present Intent to
Approve the Concept of RS-1/OPD Zoning-Lowe. Taube moved for
adoption. Schneider seconded. Carried 5-1 with Dumke casting
the only "no" vote.
Reso. #283 - Amendment of Resolutions #149-92 and #239-92
Declaring an Extension of a Moratorium on Land Divisions.
Patterson moved for adoption. Dumke seconded. Carried 6-0.
Attorney Molter was excused at 12:30 A.M.
Reso. #279 - Amendment to 1992 Budget. Sanders moved for
adoption. Patterson seconded. Taube moved to amend to add
transfer of $1,255 from Contingency to Police Uniforms. Misko
seconded, carried. Resolution #279, as amended, adopted 6-0.
Operation of the Government and Administration of the City of
Reso. #280 - Appropriating the Necessary Funds for the
Muskego for the Year 1993. Patterson moved for adoption.
Sanders seconded. Carried 6-0.
Reso. #281 - Approval of 1993 Capital Budget. Dumke moved
for adoption. Sanders seconded. Carried 6-0.
Reso. #282 - Approval of 1993 Sewer Budget. Misko moved for
adoption. Sanders seconded. Mayor reported $375 per REC sewer
charge would remain for 1993 and clarified that the MMSD
contract will expire in 2006, not 2002 as previously stated.
Also noted MMSD has offered the City of Muskego the same
provision of settlement offered to the FLOW communities. Motion
carried 6-0.
Reso. #285-92 - Approval of Amendment to Contract of Sale
(Santoro-Industrial Park). Sanders moved for adoption.
Patterson seconded. Carried 6-0.
Reso. #291-92 - Approval of Revised Extraterritorial
Preliminary Plat-Tichigan Trail Estates, Town of Waterford.
Taube moved for adoption. Schneider seconded. Carried 6-0.
Reso. #292-92 - Approval of Renewal of Listing Contract
between City of Muskego and Mooney LeSage & Associates (Muskego
Industrial Park). Dumke moved for adoption. Sanders
seconded. Patterson questioned contacting other brokers.
Misko stated possibly a better deal could be negotiated. Misko
moved to amend to extend the contract for six months.
Schneider seconded. Carried 5-1 with Sanders voting "no."
Resolution #292-92, as amended, adopted 6-0.
Common Council Minutes
November 24, 1992
Page 5
Reso. #293-92 - Authorize Execution of Health and Dental
Contracts for 1993. Sanders moved for adoption. Schneider
seconded. Sanders moved to amend to add, “Dental premiums will
be fully funded by the employee“ and to amend Paragraph 1 to
read that the “Mayor in consultation with the labor negotiating
attorney shall make the determination as to execution of the
contracts by the Mayor and Clerk.“ Resolution #293-92, as
amended, adopted 6-0.
Reso. #294-92 - Approval of Extension of Lease Agreement
between Waste Management and the City of Muskego for a Shooting
Range for the Police Department. Dumke moved for adoption.
Patterson seconded. Carried 6-0.
Reso. #295 - Approval of 1993 Cooperative Agreement between
Dumke moved for adoption. Patterson seconded. Carried 6-0.
the City of Muskego and Waukesha County Department of Aging.
Ord. #I13 - An Ordinance to Amend the Zoning Map of the City
of Muskego as Recommended by the Comprehensive Land Use Plan.
First Reading.
Ord. #I14 - An Ordinance to Create Chapter 9, Section
9.16(4), of the Municipal Code of the City of Muskego.
(Placement of Refuse on Property) First Reading.
Ord. #I75 - An Ordinance to Amend Chapter 21, Section
21.06(9) of the Muskego Municipal Code. (Sewer Utility) First
Reading.
LICENSE APPROVAL
Patterson moved for approval of Operator‘s Licenses for David
A. Fiebrink, Wayne Franzen, Jacqueline Gamboeck, John Hansen,
Brenda Titzkowski, Christine Jone, Steven Kersky, Charlene
Schuenemann, and Sue Zergoski subject to favorable police
report. Dumke seconded, carried.
Patterson moved for approval of Class B Fermented Malt Beverage
& Intoxicating Liquor License for Robert W. Phelps-Bayside Inn.
Sanders seconded. Carried 4-2 with Patterson and Taube voting
“no . I’
VOUCHER APPROVAL
Patterson moved for approval of payment of General Vouchers in
the amount of $252,198.44. Dumke seconded. Carried 6-0.
Sanders moved for approval of payment of Utility Vouchers in
the amount of $52,682.46. Schneider seconded. Carried 6-0.
COMMUNICATIONS
Common Council Minutes
November 24, 1992
Page 6
0 The Clerk acknowledged receipt of petition for a zoning change
from EA to A from Helen Wilinski for property on Loomis Road.
Public Hearing is scheduled for December 22, 1992 at 7:25 P.M.
Referred to Plan Commission for review and recommendation.
Taube moved to adjourn at 1:07 A.M. Misko seconded, carried.
Respectfully submitted,
. Marenda, CMC
ty Clerk
‘L
COUNCIL MEETING DATE
GENERAL FUND :
BOARD CHECKS (regular)
HAND CHECKS
END OF MONTH
TOTAL
UTILITIES
SEWER
BOARD CHECKS (regular) 34 26
HAND CHECK
END OF PIONTH
WATER
BOARD CHECKS (regular) /!B7%?@
HAND CHECKS
END OF MONTH
TOTAL UTILITY VGUCHERS: