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ccm19821123COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD NOVEMBER 23, 1982 Called to order by P'ayor Salentine at 7 40 P.M Present: Aldermen Klenz, Colburn, Dumke, Nilsson, Penovich, Tomczyk and Treba, Clerk Stewart and Attorney Nacy Klenz moved to approve 11/9/82 ninutes. Penovich seconded. Carried e a COKTIITTEE REPORTS Finance - Penovich moved, Dumke seconded, to accept report of m2. Carried. public Works - Colburn moved, Penovich seconded, to accept report of 11/16/82. Carried. Rules, Laws, Ordinance - Klenz moved, .Treba seconded, to accept report of 11/11/82. Carried. Public Welfare - Treba moved, Tomczyk seconded, to accept report of 11/15/82 Carried public Sewer - Tomczyk moved, Nilsson seconded, to accept report of 11/11/82. Carried e Plan Commission minutes of 11/16/82 were received and filed OLD BUSINESS: The Council took action on the following resolutions I #203-82 - Extension of Contract and Permit for Landfill Site. -floor. Treba moved to amend last paragraph to add: "subject to the amount of $23,000 per year be included as a Per- mit fee for the life of the existing landfill site." Nilsson seconded. Discussion with Atty. Morgan (Waste Management) concerning the fee followed. Upon roll call, the motion to amend carried, with Klenz, Nilsson, Penovich and Treba voting "yes" and Colburn, Dumke and Tomczyk voting "no". Treba moved to defer, Tomczyk seconded Carried unanimously. #212-82 - Authorizing the Expenditure of TIF Funds for Agri- cultural Impact Study (TIF District #l). On the floor. Treba moved to amend the 4th and 5th paragraph to insert "not to exceed" before the $1,000.00. Penovich seconded. Carried. Denoon Advancement Assn. in favor of developing the park was read. Access to Lake Denoon was questioned. A letter from the Lake Motion to adopt #212-82 As Amended carried unanimously. I #213-82 - Authorizing the Filling of the Vacant Cadet Position at the Police Department. On the floor. Klenz moved to defer until after adoption of budget. Penovich seconded. Carried unanimously. The Council took action on the following ordinances: - $441 - An Ordinance to Amend Chapter 14 of the Municipal Code of the City of Muskego (Re: Flood Plain Ordinance). Second reading. Dumke moved for adoption, Colburn seconded. Dumke moved to amend Section 1 by adding, "as amended and attached", and noted that the attachment was amended to comply with the requirements of FEMA and suggestions of SEWRPC. Klenz seconded, carried unanimously. #441 (As Amended) was adopted unanimously. #443 - Ordinance to Amend Chapter 20 of the Municipal Code (Re: Mufflers Required on Engines of Motorboats). Second reading. Dumke moved for adoption. Tomczyk seconded. Dumke moved to withdrew motion. Colburn moved to amend Section 3 to read: "This defer, Tomczyk seconded. With approval of his second, Dumke e . Common Council November 23, 1982 Page 2 - #443 (cont'd) ordinance shall be in full force and effect 60 days from and after all of the following: its passage, publication, submittal by the clerk to the Department of Natural Resources and enacted in identical form by the Town of Norway." Tomczyk seconded, carried. #443 (As Amended) was adopted unanimously. - #444 - An Ordinance to Amend Chapter 12.18 of the Municipal Code of the City of Muskego (Emergency Alarm Systems). Second reading. Dumke moved for adoption, Nilsson seconded. Klenz moved to amend Section 1 as follows: 1st and 2nd alarm in each calendar year: No charge; 3rd and 4th alarm in each calendar year: $25.00 each; 5th or more in each calendar year: $50.00 each, and to amend Section 3 to read: "This ordinance shall be in full force and effect from 30 days after its passage and publication." Nilsson seconded, carried unanimously. #444 (As Amended) was adopted unanimously. - #445 - Ordinance to Amend Certain Provisions of Chapter 17 (Zoning Ordinance) of the Municipal Code of the City of Muskego. (re: unoccupied trailers). Second reading. Dumke moved for adoption, Tomczyk seconded. Carried unanimously. #446 - An Ordinance to Amend Chapter 12.10 of the Municipal Code of the City of Muskego (Re: occupied trailers). Second reading. Durnke moved for adoption, Treba seconded. Treba moved to amend to amend (6) to delete "Re-inspection Fee - $25.00". Dumke (2) in Section 1 to insert "one renewal period" in blank, and seconded, carried unanimously. #446 (As Amended) was adopted unanimously. e COMMUNICATIONS FROM THE MAYOR'S OFFICE The mayor's veto message of Resolution #214-82 (As Amended) Restricting Smoking in City Hall Areas Where a Public Meeting is Being Held, was read. Nilsson requested it be sustained, and will request Rules, Laws & Ordinance to introduce an ordinance. Mayor declared a recess at 9:32 PM and reconvened at 9:36 P.M. NEW BUSINESS: The Council took action on the following resolutions: #216-82 - Accepting Offer for Easement Necessary for Sewer Hookup moved to amend 7th paragraph to read: "Therefore, Be it resolved (Demshar). Klenz moved for adoption, Tomczyk seconded. Klenz that the Common Council of the City of Muskego, upon the recommen- dation of the Public Sewer Committee, declares that it accepts the concept of such an offer and does authorize the City Attorney to proceed to finalize such a transaction and complete the necessary paper work." and to amend the 5th and last paragraphs Tomczyk seconded, carried unanimously. Motion to adopt #216-82 to read in part, "...funds to be taken from TIF District #1." (As Amended) carried unanimously. #217-82 - Approval of Contract Between Waukesha County Department of Aging and City of Muskego. Penovich moved to adopt, Colburn seconded. Unanimously carried. Machine Between City of Muskego and Pitney Bowes, Inc. Treba #218-82 - Authorizing a Service Agreement for Postage Meter moved to adopt, Penovich seconded. Unanimously carried. #219-82 - Authorizing Cancellation of Certain Uncollectible Accounts Payable (Rescue). Dumke moved to adopt, Nilsson seconded. a Unanimously carried. Common Council November 23, 1982 Page 3 with 60-Day Contingency. Klenz moved to adopt, Penovich seconded. #220-82 - Acceptance of Offer to Purchase Fountainwood Lots Klenz moved to amend the last paragraph to read as follows: Therefore, be it resolved that the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby direct and authorize the City Attorney to prepare and submit on behalf of the City of Muskego a counter offer for the purchase of Lot 12, Block 15 and Lots 11 and 12, Block 16 of the Fountainwood Subdivision, with the 60 day contingency and a price of $2,500.00 per lot. Nilsson seconded, unanimously carried. Motion to adopt #220-82 (As Amended) carried unanimously. #221-82 - Approval of Certified Survey Map (JSE Corp.-City's Industrial Park). Colburn moved to adopt, Treba seconded. Carried unanimously. #222-82 Granting Permission for Driving Skill Contest on Little Muskego Lake (Schubring Bay). Penovich moved to adopt, Klenz seconded. Carried unanimously. $223-82 - Granting Permission for Driving Skill Contest on Big Muskego Lake. Penovich moved to adopt, Nilsson seconded. The Public Works Department will be requested to check the clean-up covered in #222-82 and #223-82 prior to the release of the bond. Carried unanimously. #224-82 - Relocation Order of the City of Muskego, Waukesha Carried unanimously. County, Wisconsin. Klenz moved to adopt, Nilsson seconded. Relocation Expert to Carry Out the Relocation Order Known as #225-82 - Resolution Authorizing the Hiring of an Appraiser and Resolution #224-82. Klenz moved to adopt, Penovich seconded. Carried unanimously. Crop Damage in City's Proposed Industrial Park. Treba moved to #226-82 - Authorizing Expenditure of TIF Funds for Payment of adopt, Klenz seconded. Treba moved to amend to delete 7th para- by the United States Department of Agriculture - ASC Committee". graph completely and delete in the 9th paragraph "as established Penovich seconded, carried. Motion to adopt #226-82 (As Amended) carried with Klenz, Dumke, Nilsson, Penovich and Treba voting "yes" and Colburn and Tomczyk voting "no". VOUCHER APPROVAL - Klenz moved, Penovich seconded, to approve voucher payment in the amount of $176,301.61. Carried unanimously. Klenz moved, Dumke seconded, to approve sewer utility voucher payment in the amount of $17,472.78. Carried unanimously. LICENSE APPROVAL - Penovich moved, Nilsson seconded, to approve Operator's License for Mary Palubicki, subject to receipt of favorable police report. Carried. Penovich moved to deny Operator's License for Todd Helm. Nilsson seconded. Motion carried with Colburn casting the only dissenting vote. Mayor Salentine reminded the Aldermen to attend the Industrial Development Committee meeting on Tuesday, 11/30/82 to hear the report of Mooney & Associates. (7:30 P.M.) ADJOURNMENT - Colburn moved to adjourn at 10:25 P.M. Nilsson seconded, carried. Respectfully submitted, Charlotte L. Stewart, City Clerk jm