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ccm19820914COMMON COUNCIL CITY OF MUSKEGO MINLiTES OF MEETING HELD SEPTEMBER 14, 1982 Also present were Aldermen Klenz, Colburn, Dumke, Nilsson, The meeting was called to order by Mayor Salentine at 8 14 P.M. Clerk Elger. Penovich, Tomczyk and Treba, City Attorney Molter and Deputy APPROVAL OF MINLTES - Ald. Klenz moved to approve the minutes of the previous meeting held 8/24/82 as mailed. Seconded by Ald. Penovich. Upon roll call the motion carried unanimously. COMMITTEE REPORTS - Ald. Penovich presented the reports of the Finance Committee neetings held 9/8/82 and 9/14/82 and noved that same be accepted and placed on file. Seconded by Ald. Dumke. Motion carried. Ald. Colburn presented the report of the Public Works Comittee meeting held 9/9/82 and moved that same be accepted and placed on file. Seconded by Ald. Penovich. It was noted funds to purchase a new highway truck would come from TID #l rather than TID #7, and the minutes would be corrected at the next meeting. Motion carried. Ald. Treba presented the report of the Public Welfare Committee meeting held 9/9/82 and moved that same be accepted and placed on file. Seconded by Ald. Tomczyk. Motion carried. Ald. Nilsson presented the report of the Public Sewer Committee meeting held 8/26/82 and moved that same be accepted and placed on file. Ald. Tomczyk seconded the motion. Ald. Colburn questioned the manhole restoration bids. bpon roll call the motion carried unanimously. The minutes of the Plan Commission meeting held 9/7/82 were received and placed on file. The Plan Commission was requested Park rezoning request. to clarify the minutes to state the action taken on the Heritage e e e l I . .. UNFINISHED BUSINESS - - - Resolution #148-82 - Denid of Zoning Request (Re: Heritage Park, Inc.) Thi the 8/24/82 meetin Ald. Colburn moved to amend #148-82 to s resolution was on the floor, deferred from add a 6th paragrapt; "and, WHEREAS, on September 7, 1982, after further study, the Plan Commission and City Engineer recommended property until the sewer moratorium has been lifted and approval that the District Zoning Map not be amended to rezone this of the sewer extension can be obtained, and the requirements of the OPD (overlay-planned development) can be met." and to amend the 7th paragraph to add after 'RSA (OPD)": "upon the recommen- dation of the Plan Commission and City Engineer that the District Zoning Map not be amended to rezone this property until the sewer moratorium has been lifted and approval of the sewer extension can be obtained, and the requirements of the OPD (overlay-planned development) can be met." Seconded by Ald. Penovich. Upon roll call the motion to amend carried unanimously. mitted prior to the moratorium being established it could be exempt from the moratorium. Ald. Dumke stated the existing sewer problems must be resolved first. Upon a roll call vote, the motion to adopt Resolution #148-82 (As Amended) carried with Ald. Klenz, Dumke, Nilsson, Tomczyk and Treba voting "yes" and Ald. Colburn and Penovich voting "no". Resolution' #165-82 - Denial of Legal Lot Status (R. Ford - To az Dr. 8/54/82 meezng. Ald. Colburn reported Mr. Ford had requested is resolution was on the floor, deferred from the that the Plan Conmission recommendation to deny be upheld, and that it was his intention to petition for rezoning of this property. Ald. Dumke requested permission to abstain, permission granted. Upon a roll call vote the motion to adopt Resolution #165-82 carried with 6 "yes" and 1 abstention. Ald. Colburn felt because the Heritage Park request was sub- Common Council September 14, 1982 Page 3 NEW BUSIKESS Resolution #172-82 - Directing the Attorney to Proceed with Formal Offer to Purchase of City-Owned Lot (Lot 7 - Krogman's Subdivision - Center Drive). Ald. Klenz moved for adoption. Seconded by Ald. Penovich. Upon roll call the motion carried unanimously. e I e Resolution #173-82 - Requesting Department of Transportation to for adoption. Seconded by Ald. Dumke. Upon roll call the motion Grant Access from City-Owned Lot on S.T.H. 24. Ald. Klenz moved carried unanimously. Resolution #174-82 - Resolution Confirming the City of Muskego hnulovee Dererred ComDensation Plan. Ald. Penovich moved for -., ~ ~ adbption. Seconded b). Ald. Treba. Upon roll call the motion carried unanimously. Resolution 11175-82 - Authorizing Expenditure of Funds for Install- ationennas for Police and Fire and Public Works Departments (TIF Dist. #7). Ald. Dumke moved for adoption. Seconded by Ald. Nilsson. Ald. Treba noted that although an amendment to the cable ordinance was being proposed, the current Muskego, and therefore the antenna could not be placed on the ordinance states a tower will not be installed in the City of tower. Ald. Nilsson moved to amend 8175-82 by adding to the second paragraph after "television", "or present tower located at the Police Department". Seconded by Ald. Tomczyk. Upon roll call the motion to amend carried unanimously. Ald. Colburn objected to using TIF #7 funds for this project. Upon a roll call vote on the resolution as amended, the motion carried with Ald. Colburn casting the only dissenting vote. Resolution #176-82 - Acceptance of Low Bid for New Highway Truck. Ald. Penovich moved for adoption. Seconded by Ald. Treba. Ald. Penovich moved to delete the word "low" from the title, and add the following to the 5th paragraph, "because the options included in that bid would be more advantageous to the City". Seconded by Ald. Tomczyk. Ald. Penovich further noved to amend paragraphs two and seven to change TIF #7 to TIF #l, with the approval of his second. Upon roll call the motion to amend carried unanimously. Upon roll call Resolution #176-82 As Amended carried unanimously. Resolution #177-82 - Directing the Attorney to Draft the Implementing ordinance to Amend the Zoning District Map of the City (T. J. Landscaping). Ald. Colburn moved for adoption. Seconded by Ald. Tomczyk. Nayor Salentine acknowledged the petition submitted by residents opposing the rezoning at the public hearing, and noted that when the ordinance is submitted, a favorable vote of 3/4 of the members of the.Counci1 would be required to amend the zoning map. Upon a roll call vote the motion carried with Ald. Dumke casting the only dissenting vote. Ordinance #430 - An Ordinance to Anend Section 8.03 of the Municipal Code of the City of Muskego (Re: Placement of House Numbers). The Deputy Clerk gave the first reading by title only. Ordinance #431 - An Ordinance to Amend Ch. I&, Sec. 11.0 of the The Deputy Clerk gave the first reading by title only. ~~~~ ~~ e of the City (Re: Amended definition of subdivision). e Ordinance #432 - An Ordinance to Amend Ch. 17 of the Municipal The Deputy Clerk gave the first reading by title only. Code of the City of Xuskego (Re: Amendments to Zoning Ordinance.) e Ordinance 11433 - An Ordinance to Amend Sec. 12.01(5)(a) of the Malt Bevera e Licenses). The Ijeputy Clerk gave the first reading Municipal Code of the City of Muskego (Re Class "A" Fermented by title on f y.