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ccm19831025COMMON COUNCIL CITY OF MUSKEG0 MINUTES OF MEETING HELD October 25, 1983 Called to order by Chairman Salentine at 7:55 P.M. Also present were Aldermen Penovich, Colburn, DeAngelis, Dumke. Nilsson and Tomczyk, City Clerk Stewart and City Attorney Molter. Ald. Gaetzke was absent. Penovich moved, Tomczyk seconded, to approve minutes of meeting held 10/11/83. Notice of Closed Session was read. Penovich moved to convene into closed session pursuant to Section 19.85(1)(b of State Statutes to discuss the grievance of a dismissed public employee. Seconded by Dumke, motion carried unanimously at 7:57 P.M. The Council reconvened into Open Session at 9:25 P.M. The agenda was revised to delete Resolutions 8282-83, $1286-83 and #28?-83. Reso.1276-83 - Honoring City of Muskego Eagle Scout (Jeff Marenda). Nilsson moved for adoption, seconded by Penovich. Carried unanimously. COMMITTEE REPORTS Penovich presented minutes of 10/12/83, 10/19/83 and 10/25/83 Finance Committee meetings and moved same be accepted. Dumke seconded, carried. DeAngelis presented minutes of 10/13/83 Public Sewer Committee meeting and moved same be accepted. Nilsson seconded, carried. Tomczyk presented minutes of 10/18/83 Rules, Laws and Ordinance Committee meeting and moved same be accepted. Dumke seconded, carried. Nilsson presented minutes of 10/20/83 Public Welfare Committee meeting and moved same be accepted. Tomczyk seconded, carried. Dumke presented the minutes of the Public Works Committee meeting held 10/20/83 and moved same be accepted. Penovich seconded, carried. The Plan Commission minutes of meeting held 10/18/83 were received and placed on file. UNFINISHED BUSINESS Reso.#271-83 - Approval of Holding Tank Agreement (Behrs). On the floor. City working with County Health Dept. Discussion followed with concensus that no holding tanks will be approved in the Kurtze Lane area because of the impending sewers. Tomczyk moved to defer. Nilsson seconded. Motion carried with Penovich, DeAngelis, Nilsson and Tomczyk voting "yes" and Colburn and Dumke voting "no". Reso.#261-83(As Amended) - Designating Halloween Trick or Treat Hours. Penovich moved to reconsider because of the number of phone calls he had received opposing the date set for a Saturday. DeAngelis voting "yes" and DeAngelis and Tomczyk voting "no". Colburn moved to seconded. Carried 4-2 with Penovich, Colburn, Dumke and Nilsson amend the resolution to change date to Sunday, October 30, 1983, with hours to remain at 2:OO-4:00 P.M. Penovich seconded. Carried with Tomczyk casting the only dissenting vote. The motion to adopt #261-83 (As Amended) carried 5-1, with Tornczyk casting only dissenting vote. COMMUNICATIONS FROM MAYOR'S OFFICE The Mayor advised that a program to provide free tax assistance to taxpayers by the IRS would be looked into. Common Council 10125183 Page Two NEW BUSINESS Amend the Zoning District Map of the City of Muskego (Wade - RS-3 OED Reso.#284-83 - Directing the City Attorney to Draft an Ordinance to to RS-3 00s). Colburn moved for adoption. Tomczyk seconded. Mr. Wade presented a proposed deed restriction as requested by the Plan Commission. Colburn moved to amend the resolution to add: Be it with the Waukesha County Register of Deeds stating that the use of the further resolved that Mr. Gregory Wade shall record a deed restriction building located at S77 W18512 Janesville Road will be restricted to a residence, antique shop and/or styling salon, and a copy of said deed shall be sent to the City Clerk. Seconded by Penovich, carried unanimously. 11284-83 (As Amended) adopted 5-1 with Dumke casting only dissenting vote. Reso.#277-83 - Approval of Certified Survey Map (W.Borchardt). Colburn moved for adoption. Penovich seconded. Carried unanimously. Norway). Colburn moved for adoption. DeAngelis seconded, carried Reso.1278-83 - Approval of Certified Survey Map (A.Gunther-Town of unanimously , . Reso.#279-83 - Approval of Certified Survey Map (A.Ragio - Town of Norway). Colburn moved for adoption. Penovich seconded, carried unanimously. Reso.8280-83 - Authorizing the execution of the Stipulation and Order moved for adoption. DeAngelis seconded. Carried 4-2, with Colburn. for Dismissal (McAdams of Muskego, Inc. vs. City of Muskego). Dumke DeAngelis, Nilsson and Tomczyk voting "yes" and Penovich and Dumke voting "no". Reso.R281-83 - Removing Restrictions Imposed by Resolution #157-83(As Amended). DeAngelis moved for adoption. Nilsson seconded. Carried 4-2, with Colburn, DeAngelis, Nilsson and Tomczyk voting "yes" and Penovich and Dumke voting "no". Reso.#283-83 - Authorizing the Hiring of Special Counsel (re: False Alarm Ordinance). Colburn moved for adoption. Nilsson seconded. Nilsson moved to amend to add "authorize the Mayor to hire". Penovich seconded, carried. Motion to adopt #283-83 (As Amended) carried unanimously . Reso.#285-83 - Establishing Traffic Regulations (35 mph on Woods Rd.). DeAngelis moved for adoption. Dumke seconded. Carried with Colburn casting the only dissenting vote. Reso.8288-83 - Directing the City Engineers to Prepare the Woods Road Sewer Project Assessment Roll. DeAngelis moved for adoption. Nilsson seconded. Nilsson moved to defer to refer to Ruekert h Mielke for clarification. DeAngelis seconded, carried unanimously. Ord.#467 - An Ordinance to Amend Chapter 12 of the Municipal Code of by title only, Colburn moved to suspend rules to permit second the City of Muskego (Class A Retail Liquor Licenses). First reading reading. Nilsson seconded. Carried 4-2, with Colburn, DeAngelis, Nilsson and Tomczyk voting "yes" and Penovich and Dumke voting "no". Tomczyk voting "yes'land Penovich and Dumke voting "no". Second reading. Carried 4-2, with Colburn, DeAngelis, Nilsson and e Ord.0468 - An Ordinance to Amend Chapter 3 of the Municipal Code of the City of Muskego (Sewerage System-Meters). First reading by title only. Ord.#469 - An Ordinance to Amend Chapter 12, Section 12.01(6)(a) of the Municipal Code (Closing Hours-Class A Licenses). First reading by e title only. Common Council 10/25/83 Page Three Ord.8470 - An Ordinance to Amend Chapter 17 of the Municipal Code to Create Section 17:8.20 (Exclusive Agriculture). First reading by Tomczyk seconded, carried unanimously. Second reading. Nilsson moved title only. Nilsson moved to suspend rules to allow second reading. for adoption. Penovich seconded. Carried unanimously. Ord.#471 - An Ordinance to Amend the Zoning Map of the City of Muskego (A to EA). First reading by title only. Nilsson moved to suspend unanimously. Second reading. nilsson moved for adoption. Tomczyk rules to permit second reading. DeAngelis seconded, carried seconded. Carried unanimously. 0 LICENSE APPROVAL - Penovich moved for approval of Operator's Licenses, subject to favorable police reports, for Shirley O'Donnel, Mark Kasiow, Jill Bonney, Jeffrey BlaLk, Raymond Kartes,. Dennis Kurer and Lori Riemer. Colburn seconded, carried. VOUCHER APPROVAL - Penovich moved for approval of payment of General Vouchers in the amount of $594.702.90. Colburn seconded, carried unanimously. Nilsson moved for payment of Sewer Utility Vouchers in the amount of $38,935.39. Penovich seconded, carried unanimously. CITY OFFICIAL'S REPORTS - The Clerk noted a Public Hearing would be held on November 22. 1983 at 7:25 P.M. to consider an amendment to the Zoning Ordinance regarding the keeping of livestock in an RCE District. Ald. Colburn reported that a petition for detachment of about 150 homes will be presented to the Little Muskego Lake Protection and Rehabilitation District Board of Commissioners on 10/26/83. He advised that he intended to vote to allow the detachment, and his mailbox. If not he would assume that the aldermen agreed with his requested if anyone had any special concerns they should put a note in decision to vote for detachment. ADJOURNMENT - Tomczyk moved to adjourn at 11:15 P.M. Penovich seconded, carried. Respectfully submitted, City Clerk Charlotte L. Stewart jm