ccm199303090 CITY OF MUSKEG0
COMMON COUNCIL
MINUTES OF MEETING HELD MARCH 9, 1993
The meeting was called to order at 7:39 P.M. by Mayor Salentine.
Also present were Aldermen Patterson (arrived at 8:OO P.M.),
Marenda, City Attorney Molter, and Deputy Clerk Blenski.
Dumke, Misko, Sanders, Schneider, Simmons, and Taube, City Clerk
Dumke moved for approval of the Common Council minutes of meeting
held February 23, 1993. Sanders seconded, carried.
Mayor read Notice of Closed Session.
COMMITTEE REPORTS
March 3 and 9, 1993 and moved for acceptance. Dumke seconded,
Sanders presented minutes of Finance Committee Meetings held
carried.
Schneider presented minutes of Public Works Committee Meeting held
February 25, 1993 and moved for acceptance. Dumke seconded,
carried.
Dumke presented minutes of Rules, Laws & Ordinance Committee
Meeting held March 4, 1993 and moved for acceptance. Taube
seconded, carried.
Plan Commission Minutes of meeting held March 2, 1993 were
received and placed on file.
Ord. #780 - An Ordinance to Amend the Zoning Map of the City of
Muskego from B-2 to RS-3/0PD (Kwik Trip). On the floor, deferred
2/9/93. Mr. Hanson presented a sketch showing the architectural
design of the Kwik Trip building as approved by Plan Commission.
Several Council members expressed dissatisfaction with the concept
want to see a plan from the developer for the entire corner. They
of developing this commercial site on a step-by-step basis. They
believe the City will have more control if there is an overall
plan for the development. Mayor stated that future site plans
would require Plan Commission approval. Any future site plans
must conform and be compatible to the theme established by Kwik
Trip. Taube questioned Attorney if a verbal commitment from the
developer to conform is enough. Molter stated no, but your
control is when the rezonings come before Council for approval.
He also stated that since this is a PUD, conditions can be added.
are to be brick veneer from bottom to the canopy base." Taube
Sanders moved to amend to add, "SECTION 1.5: The canopy columns
Patterson, Dumke, Misko, and Schneider voting "no" and Sanders,
seconded, carried. Ord. #788, as amended, defeated 4-3 with
Simmons and Taube voting "yes."
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Common Council Minutes
March 9, 1993
Page 2
0 Reso. #47-93 - Honoring City of Muskego Eagle Scout-Joseph R.
Kramer. Patterson moved for adoption. Dumke seconded. Carried
7-0. Resolution was presented to Joseph.
Wilke. Misko moved for adoption. Sanders seconded. Carried 7-0.
Reso. #48-93 - Honoring City of Muskego Eagle Scout-J. Bradley
The Resolution for J. Bradley was accepted by Joseph Kramer.
Muskego Municipal Code to Regulate Adult-Oriented Establishments.
Ord. #784 - An Ordinance to Amend Chapter 17 of the City of
Taube moved to amend 2.02 (0.5)(b) "Adult bookstore" to read as
Second Reading. Taube moved for adoption. Simmons seconded.
substantial or significant portion of its stock in trade, for
follows: "Adult bookstore" means an establishment having as a
sale, rent, lease, inspection or viewing, books, films, video
cassettes, magazines or other periodicals which are distinguished
describing or related to "specified anatomical areas" as defined
or characterized by their emphasis on matters depicting,
below, or an establishment with a segment or section devoted to
the sale, rent and display of such material." Simmons seconded,
carried. Ord. #784, as amended, adopted 7-0.
Ord. #786 - An Ordinance to Amend Chapter 28, Section 28.05(e)
of the Municipal Code of the City of Muskego (Well Abandonment).
Carried 7-0.
Second Reading. Sanders moved for adoption. Misko seconded.
0 Reso. #44-93 - Authorize Execution of the Labor Agreement
Between Local 2414 AFSCME and the City of Muskego
Telecommunicators Unit. Misko moved for adoption. Dumke
seconded. Carried 7-0.
Reso. #45-93 - Authorize Execution of the Labor Agreement
Between Local 2414 AFSCME and the City of Muskego City
Hall/Library Unit. Dumke moved for adoption. Misko seconded.
Discussion took place about the creation of the Library Clerical
Aide position. Simmons called for the question. Patterson
objected, 5 in favor and 2 opposed with Patterson and Taube voting
"no." Resolution #45-93 adopted 7-0.
Position. Misko moved for adoption as Approval. Dumke seconded.
Reso. #46-93 - Approval/Disapproval of Library Clerical
Patterson favors Disapproval. Simmons requested that a letter be
addressed to library director so that employees do not perform
work out of their classification. Sanders stated this should be
an overall policy statement for all department heads. City Clerk
stated it is difficult for the department heads. Council has not
adopted specific job duties for each position. Carried 4-3 with
Dumke, Misko, Sanders, and Simmons voting "yes" and Patterson,
Schneider, and Taube voting "no."
Reso. #49-93 - A Resolution to Dissolve Tax Incremental District
No. 3. Sanders moved for adoption. Patterson seconded. Carried
7-0.
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Common Council Minutes
March 9, 1993
Page 3
Reso. #50-93 - Resolution Authorizing the City of Muskego to
Borrow the sum of $1,460,000 BY Issuing General Obligation
Promissory Notes Pursuant to Section 67.12(12) of the Wisconsin
Statutes and Authorizing the Sale of the Notes. Patterson moved
for adoption. Sanders seconded. Seegar Swanson gave a
presentation to the Council regarding the borrowings. This
borrowing intended for the Southeast Sewer Interceptor Project.
Carried 5-2 with Patterson, Sanders, Schneider, Simmons, and Taube
voting "yes" and Dumke and Misko voting "no."
Reso. #51-93 - Resolution Authorizing the City of Muskego to
Borrow the Sum of $2,615,000 by\Issuing General Obligation
Refunding Promissory Notes, Series 1993A, Pursuant to Section
67.12(12) of the Wisconsin Statutes and Authorizing the Sale of
Carried 7-0.
the Notes. Patterson moved for adoption. Sanders seconded.
Reso. #52-93 - Resolution Authorizing the City of Muskego to
Pursuant to Section 67.12(12) of the Wisconsin Statutes and
Issue General Obligation Refunding Promissory Notes, Series 1993B,
Authorizing the Sale of the Notes ($3,140,000). Patterson moved
for adoption. Taube seconded. Carried 7-0.
Reso. #53-93 - Acceptance of Proposal of Midwest Engineering
Services, Inc. (Little Muskego Lake Dam). Misko moved for
adoption. Taube seconded. Taube moved to amend to add "and
the services will not exceed $9,500'' in the last WHEREAS. Misko
further that the Proposal be amended to state that the cost for
seconded, carried. Resolution #53-93, as amended, adopted 7-0.
Patterson moved to convene into Closed Session pursuant to
§19.85(1)(e), Deliberating or negotiating the purchasing of
public properties, the investing of public funds, or conducting
other specified public business, whenever competitive or
bargaining reasons require a closed session and 519.85(1)(9),
Conferring with legal counsel for the governmental body who is
rendering oral or written advice concerning strategy to be adopted
by the body with respect to litigation in which it is or is likely
to become involved, more specifically concerning the proposed
purchase of the Big Muskego Lake Dam. Schneider seconded.
Carried 7-0.
The Council then reconvened into Open Session for continuation of
agenda items.
moved for adoption. Schneider seconded. Simmons moved to amend
Reso. #54-93 - Resolution as to Big Muskego Lake Dam. Dumke
to delete the last two paragraphs and add the following:
"WHEREAS, the City's Engineers and the Council have concerns about
the physical condition of the water side of the dam; and WHEREAS,
a contemplated short term draw down would accomplish viewing the
COrIUnOn Council Of the City of Muskego indicates that they believe
backside of the dam;" and "NOW, THEREFORE, BE IT RESOLVED that the
there must be a further inspection of the underwater portion of
the dam to determine the physical status of that portion of the
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common Council Minutes
March 9, 1993
Page 4
dam and the adequacy of the same and that for the City to
determine whether or not the dam is in a condition for its
acceptance and further that any acceptance be contingent on title
being free and clear.” Schneider seconded, carried 7-0.
Resolution #54-93, as amended, adopted 7-0.
Taube moved for adoption. Simmons seconded. Several Council
Reso. #58-93 - Approval of Certified Survey Map - Kwik Trip.
members stated this should not be approved. This reinforces their
earlier decision regarding the rezoning. There is concern that
only receiving a verbal commitment from the developer does not
give the City the assurances it wants. Defeated 4-3 with
Patterson, Dumke, Misko, and Schneider voting “no“ and Sanders,
Simmons, and Taube voting “yes.
Reso. #62-93 - Approval of Certified Survey Map - Muskego
Industrial Park. Taube moved for adoption. Simmons seconded.
Simmons moved to defer, Misko seconded, carried.
Reso. #59-93 - Resolution as to Revised Preliminary Plat - Plum
Creek Addition #l. Taube moved for adoption. Simmons seconded.
Carried 7-0. Referred to Plan Commission.
Molter was excused from the meeting at 11:15 P.M.
Reso. #55-93 - Waiver of Special Assessment Notice and Hearing
Of Sewer Improvements and Levying Special Assessments Against
and Final Special Assessment Resolution Authorizing Installation
moved for adoption. Misko seconded. Sanders moved to defer,
Benefited Properties (Bass Property - Mystic Drive). Sanders
Schneider seconded, carried.
Reso. #56-93 - Awarding of Bid - Jensen Lift Station
Modification. Sanders moved for adoption. Misko seconded. Bid
awarded to Underground Pipeline, Inc. with base bid in the amount
of $42,527.50 plus an additional $875 for the use of sod in place
of topsoil. Carried 7-0.
Reso. #57-93 - Acceptance of Scope of Services for the Retrofit
of the Parkland Ponds. Dumke moved for adoption. Schneider
seconded. Carried 7-0.
Reso. #60-93 - Approval of Certified Survey Map - Daliege.
Taube moved for adoption. Schneider seconded. Carried 6-1 with
Sanders voting “no. ‘I
Reso. #61-93 - Approval of Certified Survey Map - Gratzek.
Removed from Agenda.
Reso. #63-93 - Approval of Certified Survey Map - Lowe. Taube
moved for adoption. Sanders seconded. Taube moved to defer.
Dumke seconded. Taube recommended Plan Commission review the
Declaration of Restrictions. Taube also requested a review of
shadow lanes and radius. Motion carried.
Common Council Minutes
March 9. 1993
Page 5
Reso. #64-93 - Acceptance of Agreement between the City of
Muskego and Ruekert & Mielke for Engineering Services. Removed
from agenda.
Reso. #65-93 - Resolution Establishing Traffic Regulations.
Simmons moved for adoption. Misko seconded. Resolution
establishes a "No Parking" Zone on both sides of Janesville Road
300-400 ft. in each direction from Tess Corners Drive. Carried
6-1 with Taube casting the "no" vote.
Reso. #66-93 - Amendment to Deposit & Forfeiture Schedule
for adoption. Dumke seconded. Patterson moved to defer to Rules,
(Regarding Licensing and Fire Prevention Code). Patterson moved
Laws & Ordinance Committee. Misko seconded, carried.
Reso. #67-93 -Authorization to Solicit Bids for the Parks
Headquarters Interior Project. Misko moved for adoption. Dumke
seconded. Existing brick wall to serve as fire wall, moving
maintenance area to east, cold storage to center, adding heater to
east room as part of base bid of Phase 1. Schneider moved to
amend to add: "with the specs to include an additional
alternative bid to insulate the intended maintenance area." Misko
seconded, carried. Reso. #67-93, as amended, adopted 7-0.
Reso. #68-93 - Acceptance of Bid and Approval of Lease Agreement
for City-Owned Land (Woodcrest Heights Outlot). Patterson moved
for adoption. Sanders seconded. Carried 7-0,
Ord. #790 - An Ordinance to Amend Chapter 12.01(7)(b) of the
Municipal Code of the City of Muskego (Licensing Sales of
Alcoholic Beverages). First Reading.
Ord. #791 - An Ordinance to Amend the Zoning Map of the City of
Muskego (RS-1 to RS-l/OPD - Lowe). First Reading.
LICENSE APPROVAL
Patterson moved for approval of Operators' Licenses subject to
favorable police reports and required applications and fees
Theresa Middleton, Daniel Schmid, Stacy Young. Dumke seconded,
received for: Danelle Bohmann, Jean Gray, Curtis Oschmann,
carried.
VOUCHER APPROVAL
Patterson moved for awDroval of Davment of General Vouchers in the
amount of $283,949.52-.- Dumke seconded. Carried 7-0.
amount of $20,972.63. Misko seconded. Carried 7-0.
Sanders moved for approval of'payment of Utilities Vouchers in the
COMMUNICATIONS
Clerk reported Plan Commission petitioned for three public
hearings: March 23, 1993 at 7:25 PM to amend Zoninq Ordinance
regarding Signs; April 13, 1993 at 7:20 PM to amend-Land Division
Ordinance regarding Minor Land Divisions and Subdivisions; and,
April 13, 1993 at 7:25 PM to amend Highway Width Map to change
common Council Minutes
March 9, 1993
Page 6
width of proposed Moorland Rd. Ext. between Janesville and Woods
Roads from 80' to 100'.
Simmons moved to adjourn at 12:25 AM. Schneider seconded, carried.
Minutes taken and transcribed by Jill Blenski.
Respectfully submitted,
ty Clerk
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GENERAL FUND:
BOARD CHECKS (regular)
VOIDED CHEKS
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END OF MONTII
TOTALS :
WATEK: -
BOARD CHECKS (regular)
VOIDED CEECKS
1. TOTAL UTILITY VOUCHERS :