ccm19940322MINUTES OF MEETING HELD MARCH 22, 1994
The meeting was called to order at 12:43 AM (3/23/94) by Mayor
De Angelis. Also present were Aldermen Patterson, Dumke, Misko,
City Attorney Molter.
Sanders, Schneider, Taube and Woodard, City Clerk Marenda and
meeting held March 8, 1994. Dumke seconded. Taube noted the
Patterson moved for approval of minutes of the Common Council
signs to be placed at the City entrances identifying MHS varsity
wrestling team as 1993-94 state champions should be perpetual.
Motion carried.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Mayor advised he has been meeting with County representatives
regarding their policy on assessing for the Hwys. L and Y
improvement project.
COMMITTEE REPORTS
meetings held 3/16/94 and 3/22/94. Patterson seconded, carried.
Sanders moved for acceptance of minutes of the Finance Committee
Woodard moved for acceptance of minutes of the Public Utilities
Committee meeting held 3/17/94. Sanders seconded, carried.
Schneider moved for acceptance of minutes of the Public Welfare
Committee meeting held 3/21/94. Patterson seconded, carried.
Minutes of the Plan Commission meeting held 3/15/94 were
received and placed on file.
OLD BUSINESS
Reso. #49-94 - Approval of Agreement Between the City of Muskego
and SEWRPC for Administrative Assistance Regarding Wisconsin
On the floor, deferred 3/8/94. Motion to adopt defeated 7-0.
Community Development Block Grant Application for Cowtown, Inc..
Application to the Wisconsin Department of Development on Behalf
Reso. #50-94 - Resolution Authorizing Submission of an
Community Development Block Grant Program. On the floor,
of the City of Muskego's Participation in the Small Cities
deferred 3/8/94. Patterson expressed concerns about applying
for funding and the size of the bar; Taube added, and the name
the proposed operation and has the zoning to allow it. He
"Cowtown". Sanders believed the petitioner has money to put in
stated he would be in favor of applying for the State funding to
make it the best it can be and let the money rotate for other
businesses. Upon a roll call vote, the motion to adopt Reso.
and Taube voting "no" and Sanders and Woodard voting "yes". The
W50-94 was defeated 5-2 with Patterson, Dumke, Misko, Schneider
Common Council Minutes
March 22, 1994
Page 2
stated its what his constituents told him to do; Dumke opposed
Aldermen gave the following reasons for denial: Patterson
to the approval of City money, not against project; Schneider
money used for this facility; Misko's reasons were his
stated his constituents wanted him to vote no. They don't want
problems; Taube stated overwhelmingly people felt this was an
constituents' wishes, State funding, size of bar and traffic
given his reasons in favor; Woodard stated she supported it
inappropriate use of State funds. Sanders stated he had already
because she believed in it and the vote is not on a saloon, but
on the grant to get the City more money.
Reso. #51-94 - Resolution Adopting an Amended Citizen
Participation Plan for the City of Muskego. On the floor,
deferred 3/8/94. Motion to adopt carried 7-0.
Ord. #E32 - An Ordinance to Amend Chapter 1, Section 1.05 (l)(d)
Compensation). Second reading. Patterson moved for adoption.
of the Municipal Code of the City of Muskego (Board of Review
Dumke seconded, carried.
NEW BUSINESS
Reso. #58-94 - Resolution Acknowledging the State Championship
of Muskego High School's Wrestling Team. Patterson moved for
adoption. Taube seconded, carried 7-0.
Reso. #59-94 - Resolution to Authorize Renaming of City Of
Muskego Park #4 to Lee Hubka Park. Misko moved for adoption.
Schneider seconded. Schneider moved to defer to give Mrs. Hubka
an opportunity to be present. Misko seconded, carried.
Reso. #60-94 - Approval of Certified Survey Map - Balistreri.
Removed from agenda. Request withdrawn.
Mayor relinquished chair to Ald. Patterson.
Reso. #61-94 - Resolution to Authorize Hiring of Special
Prosecutor (P.DeAngelis and Dyer matters). Schneider moved for
Mayor resumed chair.
adoption. Dumke seconded, carried 7-0.
Officer Program. Schneider moved for adoption. Sanders
Reso. #62-94 - Approval of Continuation of Police Liaison
seconded, carried 7-0.
Reso. #63-94 - Acceptance of Quote for New Police Department
Vehicle. Sanders moved for adoption. Dumke seconded, carried
7-0.
Psket). Patterson moved for adoption. Sanders seconded. Mayor
Reso. #64-94 - Denial of Grievance (Telecommunicators Becker and
grievance to arbitration. Carried 7-0.
noted that if denied, it was the union's intent to take this
Common Council Minutes
March 22, 1994
Page 3
Reso. #65-94 - Appointment to Board of Appeals - Removed
Reso. #66-94 - Amendment to Deposit and Forfeiture Schedule -
Removed.
Patterson moved to convene into Closed Session pursuant to
governmental body who is rendering oral or written advice
S/S19.85(l)(g) Conferring with legal counsel for the
concerning strategy to be adopted by the body with respect to
litigation in which it is or is likely to become involved, more
specifically legal action by the City and/or its representatives
contesting the Board of Appeal's Decision Appeal #6-94.
Schneider seconded. Upon roll call, carried 7-0.
Patterson moved to reconvene in Open Session. Schneider
seconded, carried unanimously.
Reso. #67-94 - Authorization to Commence Litigation Contesting
the Action of the City of Muskego Board of Appeals, Appeal
#6-94. Taube moved for adoption. Schneider seconded, carried
7-0.
Reso. #68-94 - Resolution to Retain Special Counsel to Represent
Board of Appeals. Taube moved for adoption. Schneider
seconded, carried 7-0.
Ord. #E33 - An Ordinance to Amend the Zoning Map of the City of
Muskego from RS-3 to RSM (Senior Citizens Housing Development)
First Reading. Guarantees as to seniors only, sunset clause and
payments in lieu of taxes discussed at public hearing were
must be in place prior to adoption of the ordinance.
reviewed. Atty. Molter stated conditional zoning provisions
Mayor relinquished chair to Ald. Patterson
Ord. #E34 - An Ordinance to Amend Chapter 14, to Add Section
1.5(2)(k) to the Municipal Code of the City of Muskego
Drive) First Reading. Misko requested City Engineers provide a
Floodplain Zoning Ordinance: Official Map (DeAngelis/Gold
report on how upstream development would affect this property,
modified using the 1000 yr. floodplain.
and what affect there would be if the design of the dam was
Mayor resumed chair.
LICENSE APPROVAL
Retailers License for St. Leonard's Ushers Society for 4/15/94.
Patterson moved for approval of Temporary Class "B"/"Class 8"
Misko seconded, carried 7-0.
VOUCHER APPROVAL
amount of $419,385.17. Sanders seconded, carried 7-0.
Patterson moved for approval of payment of General Vouchers in
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March 22, 1994
Page 4
in amount of $368.90. Sanders seconded, carried 7-0.
Patterson moved for approval of payment of Tax Refund Vouchers
Sanders moved for approval of payment of Utility Vouchers in
amount of $93,394.46. Woodard seconded, carried 7-0.
CITY OFFICIALS' REPORTS
Clerk reported petition received. from P. DeAngelis to rezone his
property from W-Wetland to RS-3IQLS. Public Hearing set for
Tuesday, April 12, 1994 at 7:25 PM.
Patterson moved to adjourn at 2:19 AM. Taube seconded, carried.
Respectfully submitted,
Im