ccm19951128COMMON COUNCIL - CITY OF MUSKEGO
MINUTES OF MEETING HELD NOVEMBER 28, 1995
The meeting was called to order at 8:14 P.M. by Mayor De
Angelis. Also present were Aldermen D'Acquisto, Misko,
Patterson, Rasmussen, Salentine, Sanders, Suhr, City Clerk
Marenda, City Attorney Molter, and Deputy Clerk Blenski.
The Clerk reported that the meeting was noticed in accordance
with the Open Meetings Law on 11/22.
D'Acquisto moved for approval of minutes of the 11/14/95 Common
Council meeting. Salentine seconded, carried.
The Clerk read the Notice of Closed Session.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Mayor stated Christmas tree lighting ceremony will take place
at 5:OO P.M. on Sunday, December 3.
Reso. #226-95 - Resolution to Amend the Durham Meadows OPD.
was requested to outline the conditions of the Plan Commission
Misko moved for adoption. Salentine seconded. Mr. Sadowski
(Reso. #P.C. 182-95). Misko moved to add that the duplex and
the barn be removed as a condition of approval. D'Acquisto
seconded. The silo will be discussed at a future Plan
Commission meeting. Carried 7-0. As the developer showed a
rendition of the proposed two 8-family buildings at the public
hearing, a discussion took place on restricting the density to
16 units. Mr. Sadowski stated that the permitted density for
this parcel is 18 units and a reduction would have to be agreed
upon by the petitioner. Property owner, Mr. Keehn, objected to
a reduction. Misko stated the Plan Commission's recommendation
was to have the 18 units contained in two buildings. Suhr
commended Mr. Kitten on the proposed project and asked him to
consider the concerns stated at the public hearing by
neighboring property owners. Reso. #226-95, as amended, adopted
7-0.
Reso. #228-95 - Denial of Legal Lot Status - Wittbrot
Property. Misko moved for adoption. Sanders seconded.
Sanders requested that property owners' representative be
Duggan of Wauwatosa Realty spoke on behalf of the Wittbrots.
allowed to address the Council. There was no objection. Kay
There are homes in the area on lots of similar size and these
She stated parcels are being assessed as two buildable lots.
tests on each lot. Ms. Duggan further stated that neighboring
lots conform to the area. Property owners are agreeable to perc
property owners did not oppose legal lot status being given to
these lots. Misko stated he voted to approve at the Plan
Commission level because the surrounding property owners were in
favor and the lots would be in conformity to what is in the
area. Rasmussen asked what the objections of the Plan
Commission were. Mayor stated overall density of the area is
R-1 zoning which requires a lot size of 80,000 square feet
the Plan Commission did not believe legal lot status for these
(nonsewered) and 200' of frontage. Mayor further stated that
recent land divisions in the area were for at least five acres
lots was appropriate at this time. Mr. Sadowski stated that all
or more. Patterson stated he did not support a variance from
the Comprehensive Plan. Sanders stated his reasons for support
as follows: 1. This is not a new land division. 2. Same type
Common Council Minutes
November 28, 1995
Page 2
of lots are in the area. 3. Commercial property is located
across the street. 4. Property is not in the sewer service
area. 5. Taxes are paid on two lots. 6. Neighboring property
owners do not oppose. A letter addressed to the City from the
property owner dated October of 1963 was read into the record by
Mr. Sadowski. Misko moved to amend the Resolution to grant
approval of the legal lot status because these lots conform to
existing properties in the area, petition of support signed by
adjoining property owners, and taxpayer's letter of 1963.
Reso. #228-95, as amended (to approve legal lot status),
Sanders seconded. Carried 6-1 with Patterson voting "no."
adopted 6-1 with Patterson voting "no."
Ord. #879 - An Ordinance to Amend the Zoning Map of the City
of Muskego in Connection with Boxhorn/Groveway/Ryan Sewer
Project (R-2 to RSE). Second Reading. Misko moved for
adoption. D'Acquisto seconded. Mayor encouraged the Council to
follow the Comprehensive Plan. Carried 7-0.
COMMITTEE REPORTS
D'Acauisto Dresented minutes of the 11/22 and 11/28 Finance . Committee Meetings and moved for acceptance. It was noted that
Attorney would be further clarified at the committee's 12/6
second paragraph on Page 2 of 11/22 minutes regarding City
meeting. Patterson seconded, carried.
Salentine presented minutes of the 11/16/95 Public Utilities
Committee Meeting and moved for acceptance. Sanders seconded,
carried. Rasmussen commended Scott Kloskowski and his
department for their work on repairing the McShane Lift Station.
Suhr presented minutes of the 11/22/95 Public Welfare Committee
Meeting and moved for acceptance. Patterson seconded, carried.
Minutes of the 11/21/95 Plan Commission Meeting, 11/7/95 Library
Board, and 11/13/95 Parks & Recreation Board were received and
placed on file.
Reso. #218-95 - Approval of 1996 Capital Budget. (Possible
Reconsideration). Patterson moved to reconsider. Suhr
voting equipment from General Government category funded by
seconded, carried. Misko moved to amend to remove $42,000 for
Capital Borrowing. Rasmussen seconded, carried. Sanders moved
to amend to add an Unclassified category in the amount of $5,700
Rasmussen seconded, carried. 1996 Capital Budget amended to
for Big Muskego Lake islands funded by Reimbursement from TIF.
$1,539,818 from $1,576,118. Reso. #218-95, as amended, adopted
7-0.
Reso. #220-95 - Authorize Execution of Agreement between the
City of Muskego and Mediation Center of Waukesha County.
Suhr seconded, carried. Suhr moved to amend fee from $500
(Possible Reconsideration). Salentine moved to reconsider.
D'Acquisto moved to amend No. 1. of Agreement to read as
annual payment to $50 per referral. D'Acquisto seconded.
follows: The Mediation Center agrees to take direct referra
as they are made by the officials of the Municipality,
specifically the Mayor, Aldermen and Police Chief, for those
are involved in an onging dispute. Salentine seconded, carr
1s
who
,ied.
Common Council Minutes
November 28, 1995
Page 3
Rasmussen requested that information about the Mediation Center
be included in the City's upcoming newsletter. Resolution
#220-95, as amended, adopted 7-0.
Ord. #878 - An Ordinance to Amend Chapter 12 to Create
Section 12.01(5.5) of the Municipal Code of the City of Muskego
(Provisional Retail License). Second Reading. Salentine moved
for adoption. D'Acquisto seconded. Carried 7-0.
Ord. #880 - An Ordinance to Amend Chapter 10, Sections 10.06
(11) and 10.07(3) of the Municipal Code of the City of Muskego
(Public Nuisances). Second Reading. Misko moved for
adoption. Salentine seconded. Some Council members expressed
concern about the ordinance language. Misko moved to defer for
further review by Chuck Dykstra. D'Acquisto seconded, carried.
Ord. #881 - An Ordinance to Repeal and Recreate Chapter 29 of
the Municipal Code of the City of Muskego (Soil Erosion).
Second Reading. Misko moved for adoption. D'Acquisto
seconded. Misko moved to defer. Suhr seconded, carried.
License Fees - Chapter 12 - $15 for Provisional Alcohol Beverage
Reso. #221-95 - Resolution to Establish Fees (Alcohol Beverage
moved for adoption. Patterson seconded. Carried 7-0.
License and $10 for duplicate Operator's License). D'Acquisto
Chapter 29). D'Acquisto moved for adoption. Misko seconded.
Reso. #222-95 - Resolution to Establish Fees (Soil Erosion -
D'Acquisto moved to defer. Misko seconded, carried.
Reso. #223-95 - Approval of Agreement Between the City and
Conley McDonald for Audit Service of General Fund and Sewer and
Water Utilities for Year Ending 12/31/95. Sanders moved for
adoption. Rasmussen seconded. Carried 7-0.
Reso. #224-95 - Approval of 1996 Sewer Utility Budget.
Sanders moved for adoption. Rasmussen seconded. Carried 7-0.
Clerk stated with the adoption of the budget, sewer usage rate
would remain at $375 for a single family residence for 1996.
Reso. #225-95 - Approval of 1996 Water Utility Budget.
Clerk stated that with the adoption of the budget, the water
Sanders moved for adoption. Rasmussen seconded. Carried 7-0.
rates will remain the same for 1996. Carried 7-0.
Reso. #227-95 - Approval of Certified Survey Map - Milling,
Town of Norway. Misko moved for adoption. D'Acquisto
seconded. Carried 7-0.
Reso. #229-95 - Authorizing the Hiring of an Appraiser and
Relocation Expert to Carry Out the Resolution of Necessity
Known as Resolution #203-95. Misko moved for adoption. Suhr
seconded. Suhr moved to defer. Misko seconded, carried.
Reso. #230-95 - Amendment to Deposit & Forfeiture Schedule.
Misko moved for adoption. Rasmussen seconded. Misko moved to
defer. Rasmussen seconded, carried.
Common Council Minutes
November 28, 1995
Page 4
LICENSE APPROVAL
D'Acauisto moved for aooroval of Ooerators' Licenses for David
Burgison (renewal) subject to 3, 6, 9, 12, 15, and 18 month
review, and Anthony Hacker, Debra Mueller, Christine Konkol, and
Sarah Chojnacki. Misko seconded, carried.
VOUCHER APPROVAL
D'Acquisto moved for approval of General Vouchers in the amount
of $823,537.76. Salentine seconded. Carried 7-0.
Sanders moved for approval of Utility Vouchers in the amount of
$700,065.89. Rasmussen seconded. Carried 7-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Mayor requested a date be determined for the next Information
Systems Study Committee to meet.
CLOSED SESSION
D'Acquisto moved to convene into Closed Session pursuant to
§19.85(l)(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, more specifically
negotiations with MMSD for additional capacity in the system,
and §19.85(1)(c) Considering employment, promotion, compensation
or performance evaluation data of any public employe over which
the governmental body has jurisdiction or exercises
responsibility, more specifically 1996 labor negotiation
purchasing of public properties, the investing of public funds,
strategies, and §19.85(l)(e) Deliberating or negotiating the
or conducting other specified public business, whenever
competitive or bargaining reasons require a closed session, more
ns seconded. Carried 7-0.
specifically acquisition of Industrial Park Property.
The Clerk and Deputy Clerk were dismissed at 11:12 P.M. and not
present for Closed Session.
Sanders moved to adjourn at 11:51 P.M. Suhr seconded, carried.
(Minutes taken and transcribed by Jill Blenski.)
"
Respectfully submitted,
. Marenda, CMC
ty Clerk/Comptroller
VOUCHER TOTALS
GENERAL FUND:
BOARD CHECKS (regular) I VOIDED CHECKS
END OF MONTH
WIRE TRANSFER
TOTALS :
TAX CHECKS:
UTILITIES:
SEWER:
BOARD CHECKS (resular)
VOIDED CHECKS .-
- r'/ -
END OF MONTH
WIRE TRANSFER
SINKING FUND
WATER:
VOIDED CHECKS
EOARD CHECKS (regular)
END OF MONTH
KiRE TRANSFER
@ TOTAL UTILITY VOUCHERS: