ccm19940510CITY OF MUSKEGO
COMMON COUNCIL
MINUTES OF MEETING HELD MAY 10, 1994
Also present were Aldermen Patterson, D'Acquisto, Dumke, Misko,
The meeting was called to order at 7:30 P.M. by Mayor De Angelis.
Sanders, Taube, Woodard, City Clerk Marenda, City Attorney Molter,
and Deputy Clerk Blenski.
Meeting held April 26, 1994. Dumke seconded, carried.
Patterson moved for approval of minutes of the Common Council
Mayor read Notice of Closed Session.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Mayor read Proclamation declaring May 20 and 21 as American Legion
Poppy Days.
Mayor removed Appointment of Chairman for the Board of Appeals.
Mayor acknowledged the donation of the book, The Natural Habitat
Garden from Jo Ann Gillespie of Country Wetlands to the City.
Mayor will place in reference section of the library.
COMMITTEE REPORTS
Sanders presented minutes of Finance Committee Meetings held
5/4/94 and 5/10/94 and moved for acceptance. Patterson seconded,
carried.
D'Acquisto presented minutes of Public Works Committee Meeting
held 4/28/94 and moved for acceptance. Dumke seconded, carried.
Minutes of Plan Commission Meeting held 5/3/94 were received and
placed on file.
OLD BUSINESS
Ord. #840 - An Ordinance to Create Section 11.05 of the
Municipal Code of the City of Muskego Entitled "Recycling of
Refuse." Second Reading. Patterson moved for adoption. Taube
seconded, carried 7-0.
Ord. #E41 - An Ordinance to Create Section 11.06 of the Municipal
Code of the City of Muskego Entitled "Delinquent Recycling and/or
Refuse Collection Bills." Second Reading. Patterson moved for
adoption. Dumke seconded, carried 7-0.
NEW BUSINESS
Reso. #111-94 - Authorizing the Issuance of a Summons as to
Complaint Regarding the Liquor License of Jeffrey Bosanac.
Patterson moved for adoption. Misko seconded. Carried 7-0.
Reso. #112-94 - Initial Resolution Authorizing Solid Waste Disposal
Amount Not to Exceed $4,995,000. Patterson moved for adoption.
Facility Revenue Bonds on Behalf of Emerald Park Incorporated in an
Taube seconded. Mayor stated Emerald Park had petitioned the City
to apply for Industrial Revenue Bonds. The Finance Committee had
initially denied the request. As a gesture of good faith, Emerald
Park stated they would make a donation to a specific organization
submitting such a request to them. The Finance Committee later
Common Council Minutes
May 10, 1994
Page 2
recommended approval. Mayor stated the organization had good
being sent to the community. Dumke expressed his opposition.
intentions but he expressed concern about what type of signal is
Misko would like a public hearing to be held prior to the Council
taking action on this issue. Mayor stated that a public hearing
must be held regarding the issuance of the bonds. Patterson
requested that the bond counsel for Emerald Park, Atty. Tom
Mountin, be allowed to respond. There were no objections. Atty.
Mountin stated if the initial resolution is adopted, Emerald Park
will proceed with the process. If there will be a problem down the
road, he would like to know now. Atty. Mountin was not sure how a
time delay would affect the entire project and its financing.
Patterson requested that L. Davis be allowed to address the
Council. There were no objections. Ms. Davis clarified the
Booster Club request to Emerald Park for a donation to be used for
and is not a bribe. Emerald Park would save money with the
football field lighting. It sounds like a good business decision
to the Booster Club. Patterson stated the resolution could be
issuance of the revenue bonds and is willing to make this donation
amended. Attorney Molter advised against doing anything to the
resolution without the advice of the bond attorney. Misko asked
the adoption of this resolution. Mayor stated it was his
for deferral. D'Acquisto asked if the donation were dependent on
understanding that it was. Mayor asked if there was opposition to
asking the petitioner that question. Sanders objected. That
Dumke called for the question. Taube objected. Request denied by
should not be an issue. Vote should only be on the revenue bonds.
a vote of 4-3 with Patterson, D'Acquisto, Dumke and Sanders voting
continued. Misko moved to defer. Patterson seconded. D'Acquisto
"yes" and Misko, Taube and Woodard voting "no." Discussion
called for the question on the motion to defer. Request denied 4-3
with D'Acquisto, Dumke, Misko and Sanders voting "yes" and
Patterson, Taube and Woodard voting "no." Discussion on the motion
to defer continued. Upon a roll call vote, the motion to defer was
defeated by 6-1 with Misko casting the only "yes" vote. Upon a
roll call vote, motion to adopt defeated by a vote of 5-2 with
D'Acquisto, Dumke, Misko, Taube and Woodard voting "no" and
Patterson and Sanders voting "yes. 'I
Reso. #113-94 - Approval of RLF Loan Preapplication - CATS
Nationwide. Sanders moved for adoption. Dumke seconded, carried
7-0.
Reso. #114-94 - Approval of Preliminary Plat - Parkview Estates
Subdivision, Town of Waterford. Taube moved for adoption. Dumke
seconded, carried 7-0.
Reso. #115-94 - Approval of Certified Survey Map - Muskego
Business/Industrial Park. (McKillop and Lester) Taube moved for
adoption. D'Acquisto seconded, carried 7-0.
Reso. #116-94 - Amendment to Deposit .% Forfeiture Schedule.
Patterson moved for adoption. Misko seconded, carried 7-0.
Reso. #117-94 - Award of Bid for 1994 Sealcoating Road
adoption. Dumke seconded, carried 7-0.
Improvement Program (Wolf Construction Co.). Misko moved for
Common Council Minutes
May 10, 1994
Page 3
Reso. #118-94 - Award Bid for 1994 Bituminous Concrete Paving
Road Improvement Program (Payne & Dolan). Dumke moved for
adoption. Misko seconded, carried 7-0.
Official Newspaper of the City of Muskego. Sanders moved for
Reso. #119-94 - Acceptance of Communcity Newspapers, Inc. as the
adoption. Woodard seconded, carried 7-0.
Reso. #120-94 - Appointment of Citizen Member to Police and Fire
Commission (R. Horn). Patterson moved for adoption. D'Acquisto
seconded, carried 7-0.
Reso. #121-94 - Appointment of Citizen Members to Board of
Review (H. Posbrig & J. Gillespie). D'Acquisto moved for
adoption. Taube seconded, carried 7-0.
Reso. #122-94 - Appointment of Citizen Member to Parks &
Recreation Board. Woodard moved for adoption. D'Acquisto
seconded. Misko expressed concern that an MAA representative was
not chosen. Resolution #122-94 defeated 4-3 with Patterson, Dumke,
Misko and Taube voting "no" and D'Acquisto, Sanders and Woodard
voting "yes. 'I
Reso. #123-94 - Appointment of Citizen Member to Board of Appeals
(D. Warhanek). Taube moved for adoption. Misko seconded, carried
7-0.
LICENSE APPROVAL
Patterson moved for approval of Amendment to Premise Description
Bullet) for June 10, 1994. Taube seconded. Mayor reported that he
for "Class B" Liquor & Beer License for Linda Karras (The Silver
received a citizen complaint regarding the outside event.
Patterson noted that the Finance Committee has recommended approval
subject to various conditions including fencing, a tent being used
and earlier time restrictions. Misko moved to defer to Finance
Committee to allow individual to attend. Taube seconded. Carried
5-2 with Sanders and Woodard casting the "no" votes.
Patterson moved for approval of Amendments to Premise Descriptions
for "Class B" Liquor & Beer Licenses for Ted's Country Squire, Inc.
for June 5 and for Magdalene Schaumberg (Choir Practice) for
minutes of 5/4. Taube seconded, carried 7-0. specific days and times as identified in the Finance Committee
Patterson moved for approval of Application for Temporary Class
"B"/"Class B" Retailer's License for the Muskego Jaycees for 6/18 -
6/19/94. Taube seconded, carried with 6 in favor and Misko
abstaining due to being an active member of the Jaycees, no
objection to abstention.
Patterson moved for approval of Operator's Licenses for Matthew
Klumb, Laurie Oschmann, Paul Gray and Henry Lipski. Sanders
seconded, carried 7-0.
VOUCHER APPROVAL
Patterson moved for approval of General Vouchers in the amount of
$356,220.44. Sanders seconded, carried 7-0.
Common Council Minutes
May 10, 1994
Page 4
Patterson moved for approval of Tax Vouchers in the amount of
$2,886.81. Sanders seconded, carried 7-0.
Sanders moved for approval of Utility Vouchers in the amount of
$48,041.34. Woodard seconded, carried 7-0.
CO"UN1CATIOIQS AND MISCELLANEOUS BUSINESS
Misko requested information reqardinq the LML dam. Mayor stated
that plans will be forthcoming: -
Taube moved to convene into Closed Session pursuant to §19.85(1)
Conferring with legal counsel for the governmental body who is
rendering-oral or written advice conce2ning strategy to be adopted
by the body with respect to litigation in which it is or is likely
Hollenstein and Cathy J. Walter lawsuit. The Common Council will
to become involved, more specifically settlement of the Wayne G.
Resolution #124-94 and adjournment. Misko seconded, carried 7-0.
then reconvene into Open Session for the purpose of action on
Misko moved to reconvene into Open Session. Taube seconded,
carried.
Muskego Lawsuit. Patterson moved for adoption. Taube seconded,
Reso. #124-94 -Authorize Settlement of Hollenstein vs. City of
carried 7-0.
Misko moved to adjourn at 10:28 P.M. Sanders seconded, carried.
Minutes taken and transcribed by Jill Blenski.
Respectfully submitted,
uty Clerk
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