ccm19960827COMMON COUNCIL - CITY OF MUSKEGO
MINUTES OF MEETING HELD AUGUST 27, 1996
The meeting was called to order at 8:56 P.M. by Mayor De Angelis. Also
present were Aldermen D'Acquisto, Patterson, Pionek, Rasmussen,
Salentine, Sanders and Suhr, City Atty. Molter, Plan Director Sadowski,
and Deputy Clerk Blenski.
The Deputy Clerk reported meeting was noticed in accordance with the
Open Meetings Law on 8/23.
D'Acquisto moved for approval of minutes of 8/13/96 meeting. Sanders
seconded, carried.
The Deputy Clerk read the Notice of Closed Session.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Mayor expressed his appreciation to everyone who participated in the
community festival.
Reso. #187-96 - Amended and Revised Final Resolution Authorizing
Installation of Sewer Improvements and Levying Sepcial Assessments
Against Benefited Property (Woods Road Country Brook to Senior Center
Carried 7-0.
Sewer Project). Sanders moved for adoption. Salentine seconded.
Reso. #188-96 - Amended and Revised Final Resolution Authorizing
Against Benefited Property (Woods Road/Racine Avenue Water Project).
Installation of Water Improvements and Levying Special Assessments
Sanders moved for adoption. Rassmussen seconded. D'Acquisto moved to
correct references to "sewer" contained in Tax Key No. 2241.999
(Stefaniak) paragraph in second WHEREAS to "water." Rasmussen
seconded, carried. Reso. #188-96, as amended, adopted 7-0.
D'Acquisto moved to convene into Closed Session No. 1 pursuant to
§19.85(l)(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 the hiring of a Finance Director. Suhr seconded. Carried
7-0.
Council reconvened into Open Session.
Muskego and Sprint Spectrum L.P. On the floor, deferred 8/13/96.
Reso. #178-96 - Approval of License Agreement between the City of
paragraph, "and proposed technical changes and Exhibits approved by the
Rasmussen moved to amend to add the following at the end of the first
Mayor in consultation with the City Attorney" and to add "with the
technical changes and Exhibits if approved by the Mayor" following the
word, "Agreement" in the last paragraph. D'Acquisto seconded, carried.
Reso. #178-96, as amended, adopted 6 to 1 with Suhr voting "no."
Reso. #195-96 - Approval of License Agreement between the City of
Muskego and PrimeCo. Salentine moved for adoption. Rasmussen
seconded. D'Acquisto moved to amend to add the same language as in
Reso. #178-96. Rasmussen seconded. D'Acquisto requested
assurance that PrimeCo would make every reasonable effort to co-locate
on the water tower and requested privilege of the floor for PrimeCo
representative to speak. There was no objection. Brian of PrimeCo
stated they were committed to working with Sprint to make co-location
work out. D'Acquisto called for the question on the first motion to
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August 27, 1996 Page 2
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amend. There was no objection. Motion to amend carried. D'Acquisto
moved to amend the resolution to reflect PrimeCo's commitment for
co-location. Patterson seconded; carried. Patterson stated he still
had concerns due to the City's past experiences with this carrier.
Reso. #195-96, as amended, adopted 5-2 with Patterson and Suhr voting
"no. I'
Ord. #897 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Loomis Road, Loomis Drive, North Cape Road, Hwy. 45). On the floor,
deferred 7/23/96. Matt Sadowski stated a new public hearing was held
after the Council received input at the first public hearing and zoning
changes were proposed from what was originally noticed. Mr. Sadowski
noted that the Plan Commission recommended that the zoning at Ryan Road
and North Cape be changed from R-3 to RS-2 instead of RS-3. Sanders
expressed concern about the the RS-3 zoning for that area and moved to
amend the Exhibit identified as "C" (Rezoning Per Council Following
Public Hearing Input) to change the proposed RS-3 zoning for 2257.999
Concern was expressed that the property owner was notified that the
(northern 935 feet), 2257.999.001 to RS-2. Patterson seconded.
proposed rezoning of the property was to RS-3 and not RS-2. Mayor
stated that the property owner expressed a desire for RS-3 zoning.
Sanders withdrew his motion to amend; Patterson agreed. Sanders moved
to defer action on 2257.999 (northern 935 feet) and 2257.999.001.
D'Acquisto seconded, carried. D'Acquisto moved to amend the Exhibit
referred to in the Ord. from Exh. "A" to Exh. "C." Rasmussen seconded,
carried. Ord. #897, as amended adopted 7-0.
Ord. #901 - An Ordinance to Amend the Zoning Map of the City of Muskego
Villages). Second Reading. D'Acquisto moved for adoption. Rasmussen
from R-2 to R-2/0PD (Champions Village Addition No. 1 of Country Club
seconded. Carried 7-0.
Ord. #902 - An Ordinance to Amend the Zoning Map of the City of Muskego
from A to 1-2 (Superior Emerald Park Landfills, Inc.). Second Reading.
Salentine moved for adoption. Suhr seconded. Atty. Molter suggested
that the City contact the petitioner in writing requesting an extension
of time to act on this matter. Rasmussen moved to defer. Salentine
seconded, carried.
Reso. #190-96 - Approval of Final Plat and Subdivider's Agreement for
Champions Village-Phase 11. D'Acquisto moved for adoption. Suhr
Letter of Credit or cash deposit agreement is required subject to
seconded. D'Acquisto moved to add, "BE IT FURTHER RESOLVED that a
Agreement." Rasmussen seconded, carried. Pionek requested to abstain
approval of the City Attorney and technical changes to the Subdivider's
with 6 in favor and one abstention.
due to conflict of interest; there was no objection. Motion carried
Muskego and Balistreri. Suhr moved for adoption. Salentine seconded.
Reso. #193-96 - Approval of Developer's Agreement between the City of
Suhr moved to amend to include the Development Agreement as amended by
the Finance Committee on 8/27. Salentine seconded, carried. Motion
carried with 6 in favor and one abstention. D'Acquisto requested to
abstain due to conflict of interest; there was no objection.
Reso. #194-96 - Approval of Developer's Agreement between the City of
Muskego and Victorian Villas. Salentine moved for adoption. Suhr
seconded. D'Acquisto moved to amend to include the changes made to
Common Council Minutes
August 27, 1996
Page 3
Section XI1 of the Developer's Agreement at the 8/27 Finance Committee
meeting. Rasmussen seconded, carried. Reso. #194-96, as amended,
adopted 7-0.
Plan Director Sadowski was dismissed at 11:40 PM.
Salentine moved for acceptance of minutes of the 8/19/96 Committee of
the Whole meeting. Pionek seconded, carried.
D'Acquisto moved for acceptance of minutes of the 8/21/96, as
corrected, and 8/27/96 Finance Committee Meetings. Suhr seconded,
carried.
D'Acquisto withdrew minutes of the 8/22/96 Public Works Committee
meeting for acceptance at this time.
Minutes of the 8/20/96 Plan Commission Meeting was received and placed
on file.
Reso. #129-96 - Establishing Launch Fees at Lake Accesses. On the
floor, deferred 8/13/96. Rasmussen suggested setting up a subcommittee
to review. Mayor determined a committee could be formed consisting of
the three affected Aldermen (Pionek, Salentine L D'Acquisto), one Parks
Association Member and a LML District Member. D'Acquisto moved to
L Recreation Board Member, a Hillview Beach Assn. Member, a LML
defer until such time as the proposed review committee brings something
to Council. Pionek seconded, carried.
Ord. #900 - An Ordinance to Amend Chapter 21, Section 21.06(7)
c. 2. of the Municipal Code of the City of Muskego (Reserve
Capacity Assessments-Installment Payments). Second Reading.
D'Acquisto moved for adoption. Salentine seconded. Carried
7-0.
Reso. #189-96 - Relocation Order of the City of Muskego,
Waukesha County, Wisconsin (North Cape Road Sanitary Sewer).
Rasmussen moved for adoption. Salentine seconded. Carried 7-0.
adoption. Suhr seconded. Carried 7-0.
Reso. #191-96 - Amendment to 1996 Budget. D'Acquisto moved for
Reso. #192-96 - Approval of Option to Purchase -
Thiesenhusen/Park Acquisition. Suhr moved for adoption.
Patterson seconded. Pionek stated he has received favorable
response to proposal. D'Acquisto moved to amend to include new
attachment received from the City Atty. Pionek seconded,
carried. Reso. #192-96, as amended, adopted 7-0.
Ord. #903 - An Ordinance to Amend Chapter 28, Section 28.04
Metering). First Reading.
(l)(d) of the Municipal Code of the City of Muskego (Multi-Unit
Ord. #904 - An Ordinance to Amend the Zoning Map of the City of
D'Acquisto moved to defer first reading of Ord. #904 until 9/11.
Muskego from RSE and RS-1 to I-l/OA (Muskego Business Park).
Suhr seconded, carried.
LICENSES
Common Council Minutes
August 27, 1996
Page 4
D'Acauisto moved to defer first readina of Ord. #904 until - 9/10. Suhr seconded, carried. <
9 LICENSES
D'Acquisto moved for approval of Operators' Licenses for Marnie
Wolf; James Voss, Judith Soczka, Tari Schumacher, Edward
Schmitz, Stacie Rieck, Steven Mainus, Cindy Harstvedt, Sarah
Frey, Christopher Bartleson, Heather Wirth, and Elizabeth Handy.
Salentine seconded, carried.
D'Acquisto moved for approval of Class "A" Beer License for
Clark Refining & Marketing. Suhr seconded. Carried 7-0.
VOUCHER APPROVAL
D'Acauisto moved for auuroval of General Vouchers in the amount
of $i42,605.66. Sanders seconded. Carried 7-0.
D'Acquisto moved for approval Tax Checks in the amount of
$2,397,479.94. Sanders seconded. Carried 7-0.
Sanders moved for approval of Utility Vouchers in the amount of
$193,068.43. Rasmussen seconded. Carried 7-0.
L.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Discussion took place as to whether an advisory referendum on
the location of the Library should be called for. Patterson
moved to place an advisory referendum question on the April
ballot as to if there should be a new Library or not. Motion
died for lack of second. D'Acquisto moved to place an advisory
referendum question on the November ballot to ask if the City
should pursue the acquisition of Parkland Mall for purposes
such as relocation of the City Library and/or other Municipal
Carried 5-2 with Patterson and Sanders voting "no."
offices and services at that location. Pionek seconded.
pursuant to §19.85(1)(9) Conferring with legal counsel for
D'Acquisto moved to convene into Closed Session No. 2 and No. 3
the govenmental body who is rendering oral or written advice
concerning strategy to be adopted by the body with respect to
specifically The Villages at Muskego Lakes Partnership sewer
litigation in which it is or is likely to become involved, more
assessment appeal and §19.85(l)(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 strategies. Suhr seconded. Carried 7-0.
The Deputy Clerk was dismissed at 12:38 AM and not present for
Closed Session.
The Council reconvened to adjourn. D'Acquisto moved to adjourn
at 1:06 AM. Pionek seconded, carried.
Respectfully submitted,
a
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Jill Blenski
Deputy City Clerk
VOUCHER TOTALS COUNCIL DATE
W f -6 a GENERAL FUND:
..
VOIDED CHECKS
BOARD CHECKS (regular)
c-
END OF MONTH
WIRE TRANSFER
TOTALS :
TAX CHECKS: (95 Final Tax Settlement)
UTILITIES:
SEWER:
BOARD CHECKS (regular)
VOIDED CHECKS
END OF MONTH
WIRE TRANSFER
SINKING FUND
WATER:
BOARD CHECKS (regular)
VOIDED CHECKS
END OF MONTH
WIRE TRANSFER
TOTAL UTILITY VOUCHERS: