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ccm19820824COMMON COUNCIL CITY OF MUSKEGO MINUTES OF WTING HELD AUGUST 24, 1982 The meeting uas called to order by Mayor Salentine at 7:42 P.M. Also present were Aldermen Colburn, Dumke, Klenz, Nilsson, Penovich, Tomczyk / 0 md Treba, City Attorney Yoster and City Clerk Stewart. APPROVAL OF MINUTES - Ald. Klenz moved to approve the minutes of the previous meeting held 8/10/82, as mailed. Seconded by Ald. Penovich. Upon roll call the motion carried unanimously. COMMITTEE REPORTS - Ald. Penovich presented the report of the Finance Ccmnittee meetings held 8/18/82 and 8/24/82 and moved that same be accepted and placed on file. Seconded by Ald. Dumke. Upon roll call the motion carried unanimously. Ald. Colburn presented the report of the Public Works Committee meeting held 8/19/82 and moved that same be accepted and placed on file. Seconded by Ald. Penovich. Motion carried. Ald. Treba presented the report of the Public Welfare Committee meeting held 8/11/82 and moved that same be accepted and placed on file. Sec- onded by Ald. Tocnczyk. Motion carried. Ald. Klenz presented the report of the Rules, LUWS k Ordinnnce Committee meeting held on 8/11/83 and moved that same be accepted and placed on 0 file. Seconded by Ald. Tomczyk. Motion carried. Ald. Nilsson presented the report of the Public Safety Committee meeting held 8/18/82 and moved that ~ame be accepted and pluced on file. Sec- onded by Ald. Colburn. Motion carried. The minutes of the Plan Comnission meeting held 8/17/82 were received and placed on file. At this time, Mayor Salentine requested permission of the aldermen to have Resolution 1172-82 and Resolution 1173-82 taken out of context under New Business and acted on. There were no objections. Resolution 1172-82 - Initial Resolution Regarding Industrial Hevenue Bonds for Jansen Development, Inc., Lanson Industries, Inc., Lanson Realty, Ltd., Lance A. Wikkerink, David Gecht andlor James 0. Gillian. Ald. Penovich moved for adoption. Seconded by Ald. Treba. Ald. Klenz moved to mend Resolution 1172-82 by having paragraph (4) become paragraph (5) and having paragraph (4) read as follows: "All commit- ments of the City and of the Participant hereunder are subject to the condit.ion that on or before two (2) years Prom the date hereof (or such other date as shall be mutally satisfactory to the City and the Participant, $he City and the Participant shall have agreed to mutually acceptable terms and conditions of the revenue producing agreement re- ferred to in paragraph 3 and of the Bonds and other instruments or proceedings relating to the Bonds." Seconded by Ald. Colburn. Upon roll call, the motion to amend Resolution 1172-82 carried unanimously. Upon a roll call vote on the motion to adopt Resolution 1172-83, As Amended, carried unanimously. " 0 Resolution 1173-82 - Resolution Waiving the Public Bidding Requirement for Industrial Development Revenue Project. The Clerk read same by title only. Ald. Klens moved for adoption. Seconded by Ald. Penovich. Upon roll call the motion to adopt carried unanimously. UNFINISHED BUSINESS Resolution 1148-82 - Consideration of Rezoning Request - Heritage Park, Inc. Ald. Colburn moved to defer action on this resolution. Seconded done by the Plan Commission has not been completed and until it can be by Ald. Klenz. The resolution Is being deferred because the work being 0 determined whether or not the moratorium being imposed by the DNR on this project. Upon a roll call vote on the motion to defer, the motion the Milwaukee Metropolitan Sewage Commission will have any affect on carried unanimously. Ald. T-yk moved to rmend Ordinance 1427 by inserting the number 2,750 into the ordinance. Seconded by Ald. Dumke. Ald. Tomczyk requaoted permission to have Mr. Richard Knudsen speak. Upon a roll call vote, Aldermen Dumke, Penovich, Taorczyk and Treba voted *layell. Aldermen Klens, Colburn and Nilseon voted "no" . The motion carried. Mr. Knudsen spoke briefly, indicating that he felt the issue was only a licenoe for Pick "n Save and that he would rather see people rho live in the community benefit. Upon a roll call vote on the motion to amend, Aldermen Klenz, Colburn, Dumke, Nilsson and . Tomczyk voted "aye". Aldermen Penovich and Treba voted "no". The -, motion to Mend carried. Aid. Treba moved to further amend Ord. 1427, As Amended, by inserting the paragraph as per the City of Waukesha ordinance, as follows: "NO such license shall be issued for any premises other than premises used exclusively for the sale of distilled and fermented beverages, soft drinks, tobaccos and such accessories and related items which are customarily used in connection with the consumption of such beverages; provided, however, this provision shall not apply to those holding Class "A" licenses issued by the City prior to August 24. 1982. Motion WM seconded by Ald. Taaczyk. At 9:30 P.M. Mayor Salentine declared a recess and the meeting re- convened at 9:35 P.M. Upon a roll call Vote on Aid. Treba's motion, Aldermen Penovich and Treba voted "aye". Aldermen Klenz, Colburn, Dumke, Nilsson and Tomczyk voted %ay". The motion to amend Ordinance i427, As Amended, did not carry. Ald. Klenz moved to call for the question. Seconded by Ald. Nilsson. Upon a roll call vote on the motion to adopt Ordinance 1427, As Amended, aa per Ald. Tomczyk's voted "aye". Aldermen Penovich and Treba voted "no" amendment, Aldermen Klenz, Colburn, Dumke, Nilsson and Tmczyk to adopt Ordinance #427, As Amended, carried. (The number of Class . The motion "A" Retail Liquor Licenses now being six instead of five.) Ordinance 1428 - An Ordinance to Amend Sw. 3.10(5) of the Yun. Code of the City (b: Increaee in Sewer Service Chargee). Ald. Klenz moved to again defer action on same. Seconded by Ald. Tomczyk. Upon roll cull the motion carried unanimously. Ordinance 1429 - An Ord. Providing for Installment Tax Payments. (This ordinance had the firot reading on 8110182 and the motion to suspend the rule8 to have the oecond reading at that meeting wau dofeated). Ai Klenz moved to table Ordinance U429 because the deadline date of 8/15/8 to do so for 1983 had expired. Seconded by Ald. Tomczyk. Upon roll call the motion carried unanimously. NEW BUSINESS Resolution 1162-82 - A Resolution Adopting Relocation Order of the City of Muskego Pertaining to the Acquisition of P Drainage Easement from Henry A. Herdeman and Patricia H. Herdemnn, His Wife. Ald. Penovich moved for rdoption. Seconded by Ald. Dmke. Upon a roll call vote the motion to adopt carried unanimously. Resolution #163-82 - Authorizing the Re-Purchase of Lot 6 Block 4 in the City's Industrial Park (2 acres - Marcott). Ald. Penovich moved for adoption. Seconded by Ald. Nilsson. Ald. Klenz moved to amend the last paragraph by adding the words "if satisfactory to the city attorney. Upon roll call the motion to amend carried unanim- ously. Ald. Klenz moved to further amend this resolution by adding the following paragraph. "BE IT FURTHER RESOLVED that monies to purchase this property shall come from the Capital Budget Account Ald. Penovich. Upon roll call the motion to further mend carried and shall be returned upon the sale of this property. Seconded by unanimously. Upon a roll call vote on the motion to adopt Resolution #163-82, As Amended, the motion carried unanimously. Resolution #164-82 - Approval of Certified Survey Map (Steiner and Beck - Town of Norway). Ald. Colburn moved for adoption. Seconded by Ald. Treba. Upon roll call the motion carriedunanimously. Resolution #165-83 - Denial of Legal Lot Status (R. Ford-Topaz Dr.) Ald. Colburn moved for adoption. Seconded by Ald. Tomczyk. Ald. meeting. Seconded by Ald. Colburn. Upon roll call the motion to Tomczyk moved to defer action on this resolution until the next defer carried unanimously.