ccm19940712COMMON COUNCIL
CITY OF MUSKEG0
MINUTES OF MEETING HELD JULY 12, 1994
Angelis. Also present were Aldermen Patterson, D'Acquisto,
The meeting was called to order at 7:33 P.M. by Mayor De
Dumke, Misko, Sanders, Taube, Woodard, City Clerk Marenda and
City Attorney Molter.
Meeting held June 28, 1994. Dumke seconded, carried.
Misko moved for approval of minutes of the Common Council
COMMITTEE REPORTS
Sanders presented minutes of Finance Committee Meetings held
7/6/94 and 7/12/94 and moved for acceptance. Patterson
seconded, carried.
Woodard presented minutes of Rules, Laws and Ordinance Committee
meeting held 7/7/94 and moved for acceptance. Taube seconded.
Policy on Liquor Licenses to be further reviewed by City
Attorney and Finance Committee. Motion carried.
Plan Commission Minutes of 7/5/94 were received and placed on
file.
OLD BUSINESS
Ord. #845 - An Ordinance to Amend Chapter 17, to add 17:6.11(6) of
the Municipal Code of the City of Muskego (Compliance to Building,
Site and Operational Plans). Second Reading. Taube moved for
adoption. D'Acquisto seconded, carried 7-0
Reso. #147-94 - Approval of Amendment to "Petition for Improvements
and Agreement Regarding Special Assessments" between Country Club
Villages, Inc. and City of Muskego. Adopted 6/28/94. Possible
reconsideration. Dumke reported Attorney Lanser from Quarles h
Brady appeared at the Finance Committee to review and clarify the
reading of the amendment. Taube expressed concern about provision
which is not what he felt he approved originally. D'Acquisto
of allowing developer to sell to another developer without payment,
the last meeting on this issue. Patterson said by this amendment
stated that demonstrates the validity of his request to abstain at
we're cooperating and extending additional terms to the developer.
Atty. Molter said, your'e just changing how the 62 units are going
units in the first village not in the first phase. They are still
to be handled. Mayor noted the original agreement referred to 145
guaranteeing the City will get its money in a timely manner.
Dumke said we're not against the developer, we just need a clear
understanding. I agree the developer couldn't get the bank to
support the 145 lots.
Molter stated the developer is counting on the economics of the
thing to sell lots once he spends money on the improvements.
Common Council Minutes
July 12, 1994
Page 2
business plan in section 5(f) of the original agreement, and how
Taube said he was concerned about language referring to the
changes in the business plan would be approved. Mayor noted that
business plan must be approved by the Plan Commission.
language encompasses the entire development. Amendments to the
Dumke stated this development has to stand on its own and not be
compared to other developments. Mayor indicated that would be a
fair interpretation of Section 5(f).
Taube noted that he was not happy with past language of Section 4
to sell off lots or villages without incurring obligation to the
City. Concerned about delay in getting paid back in a quick
which according to the City's Financial Consultant pays back the
fashion. City Clerk advised the RCA charge increases annually,
City in full for the amount borrowed over a 10-20 year period for
the interceptor and payment of interest.
Mayor reported plans have not yet been approved by MMSD. Issues
developer's time frame would start as soon as the final plat is
need to be resolved over peak flows and flow restrictors. The
approved.
Mayor also stated the City is receiving a benefit of sewer
availability to the Landfill, Groveway and Boxhorn area.
Patterson moved for reconsideration R#147-94 Dumke seconded.
Dumke concerned about bond disappearing after final plat approval
of 62 lots. Mayor stated that Quarles & Brady and our Financial
Consultant feel this will protect the interest of the City as
written. Misko felt because Dumke is uncomfortable maybe it should
go back to the Finance Committee for review.
and if we don't do this amendment maybe the developer may not
Sanders said he didn't think we could change the original agreement
proceed. I think we should get the ball rolling, and get some pay
back sooner. This allows him to do it in two phases. We will have
to get the Letter of Credit in place. Without this project, we
still need sewers to that area. Attorney Molter pointed out that
the Letter of Credit doesn't go away until approval of the final
plat, then another Letter of Credit must be provided saying that
consideration that drove the whole agreement. D'Acquisto said the
improvements will go in the ground. That was the economic
only thing under consideration here is amending Section F.
Taube said the Letter of Credit for the 62 lots protects the
financial integrity of the utility. The second Letter of Credit
protects the City for the infrastructure. If the modification of
the contract wouldn't go through, you have alternatives to address
as to how the sewer installation project should proceed.
Motion to reconsider RX147-94 carried 6-1 with Sanders casting the
only "no" vote. Resolution back on the floor for approval.
Sanders stated that this is a minor amendment to the original
agreement which is set in stone. I think we would have a problem
supporting scrapping the whole thing in court, and we wouldn't be
Common Council Minutes
July 12, 1994
Page 3
getting any 200% Rec payments. Misko suggested this issue be sent
back to Finance Committee. Mayor noted the developer has agreed to
all conditions in this amendment. If he wishes to re-negotiate,
lets hear from him. D'Acquisto said lets understand the concerns
about the Letter of Credit and the making of the City whole, the
area still needs sewer. Only dealing with this one amendment to
proceed forward more expeditiously. I hope we won't start opening
up other issues.
developer move along, but if there are other changes to be made on
Patterson said the agreement is to be more flexible to help the
other issues, we should do it tonight. There is the Letter of
Credit concern and sale of villages or parcels, and Recs not paid
until used. Then we should negotiate to both parties' benefits.
Dumke stated he was still concerned about the bond going away at 62
additional lots. Taube suggested these two concerns go back to
Finance Committee to negotiate with the developer. Patterson
No objections. Krause stated we can't borrow enough money for 145
requested Scott Krause be allowed to speak on the time frame issue.
lots. We will pay double Recs upon the sale of a lot. No other
developer has done this. Any other Rec gets paid when sewer is
connected. Letters of Credits cost money, in addition to borrowing
costs. We don't know when this sewer system will be operable. We
have no control over that. We have no control over the time the
City takes to construct the system. We're only asking for two
years after sewer approval when those lots are sold. You'll be
paid double Recs for those lots. Also, Quarles & Brady and your
Financial Consultants state the City is amply protected. The two
year time frame isn't to our liking, but we compromised. To keep a
Letter of Credit in place for a longer period of time is expensive.
You'll get your money when the lots are sold. The answer is no, I
will not agree to a longer time period than we negotiated in this
agreement.
Taube questioned Sections 4(c) & 4(d) about payment upon sale to
another developer. D'Acquisto disagreed to take this apart piece
by piece in this setting. Taube moved to defer, and refer to
Finance Committee. Misko seconded. Carried 5-2 with Patterson,
D'Acquisto, Dumke, Misko, and Taube, voting "yes" and Sanders and
Woodard voting "no".
NEW BUSINESS
Reso. #152-94 - Approval of Certified Survey Map - Wachowiak Taube
moved for adoption. Sanders seconded. Sanders requested
permission for purchaser of property to speak. Permission granted.
Her questions on location of wetlands were answered. Motion
carried 7-0.
Reso. #153-94 - Appointment to Capital Budget Committee - Removed
from agenda.
Reso. #154-94 - Support of an. Authorization to Apply for Waterways
Commission Grant Application - Big Muskego Lake/Bass Bay. Sanders
moved for adoption. Taube seconded. Mayor noted this is for phase
one of the access project on the former Bass Bay Sportsman Club
Project to include parking lot and ramp structure. He noted
Common Council Minutes
July 12, 1994
Page 4
dredging of canal would take place at a later date under a separate
grant. Designs still being finalized. City's portion could be
around $15,000.00 Operation Comeback has donated $37,000.00 to
the Big Muskego Lake District with the intent that a portion of the
money be used to construction this access site. Motion carried
7-0.
LICENSE APPROVAL
Patterson moved for approval of Operator's Licenses for John
Schmidt and Margaret Franson. Dumke seconded. Carried 7-0
Patterson moved for approval of Salvage & Recycling permit for John
Glockner. D'Acquisto seconded. D'Acquisto moved to amend motion
to add subject to terms set out by Matt Sadowski, Director of
Planning. Patterson seconded. Motion carried as amended.
VOUCHER APPROVAL
Patterson moved for approval of General Vouchers in the amount of
$336,452.46. Dumke seconded. Carried 7-0.
Patterson moved for approval of Tax Vouchers in the amount of
$2,423.58. Misko seconded. Carried 7-0.
Sanders moved for approval of Utility Vouchers in the amount of
$231,924.46. Woodard seconded. Carried 7-0.
CITY OFFICIALS REPORTS
Citv Clerk KeDOrted petition received from Bonnie Dominski for
rezoning of pkoperty-at SE corner of Kipling and Janesville From
July 26, 1994. Clerk also noted that a petition received from
RS2 to RS2/0D. Public Hearing to be held at 7:25 p.m. on Tuesday,
Dennis and Mary Moody to rezone property on Woods Road in the SW
be held at 7:20 p.m. on Tuesday, August 9, 1994.
1/4 of Section 17 from A (agriculture) to RS-2. Public Hearing to
COMMUNICATIONS
Patterson reminded all residents that effective July 1, 1994
recycling is now mandatory in the City of Muskego. -Patterson noted
residents not recyclin'g as spelled out in the Ordinance would be
given a written warning for 1st offense, $50 fine for 2nd offense,
$75 fine for 3rd offense and a $100 fine for 4th offense.
D'Acquisto moved to adjourn at 10:05 P.M. Misko seconded, carried.
Respectfully submitted,
an K. Marenda, CMC
ity Clerk
/lah
VOUCHER TOTALS
GENERAL FUND :
BOARD CHECKS (regular)
VOIDED CHECKS
END OF MONTH
WIRE TRANSFER
TOTALS :
TAX CHECKS: . UTI;;;;;: :
BOARD CHECKS (regular)
VOIDED CHECKS
END OF MONTH
WIRE TRANSFER
SINKING FUND
WATER:
BOARD CHECKS (requldr)
VOIDED CHECKS .-
END OF MONTH
WIRE TRANSFER 0 TOTAL UTILITY VOUCHERS:
/5943h 03 CK# AMOUNT
/95-8/7. /7
CKfi AMOUNT
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CK# AMOUNT