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ccm19880823e COMMON COUNCIL CITY OF MUSKEG0 MINUTES OF MEETING HELD AUGUST 23, 1988 Called to order by Chairman Salentine at 7:37 P.M. Also present were Aldermen Penovich, Hilt, Patterson, Durnke, Sanders, Taube, Repischak, City Clerk Marenda and City Attorney Molter. held August 9, 1988. Carried. Penovich moved, Dumke seconded, to approve minutes of meeting Mayor Salentine read the Notice of Closed Session to be held following Miscellaneous Business. COMMUNICATIONS FROM MAYOR'S OFFICE The Mayor noted that funeral services for Ida Tess, the oldest August 24, 1988. He noted that Ida had lived in the City of resident of the City of Muskego, would be held on Wednesday, Muskego for her entire 103 years. The Council paused for a moment of silence. COMMITTEE REPORTS Penovich presented Finance Committee Minutes of August 17 and 23, 1988 and moved for acceptance. Hilt seconded, carried. Hilt presented Utility Meeting Minutes of August 11, 1988 and moved for acceptance. Sanders seconded. The request of Waste Management to allow the dumping of leachate at the College Court collection point was discussed. It was determined that prior to allowing dumping an engineer's report must be received and an agreement signed. This dumping will be allowed on a temporary back before the Council. It was noted that an MMSD public policy basis and at the time a final agreement is drawn up, it will come committee meeting would be held on September 1, 1988. Motion to accept Minutes carried. Minutes of the Plan Commission Meeting of August 16, 1988 were received and placed on file. 0 UNFINISHED BUSINESS Ord.fl617 - An Ordinance to Amend Chapter 8, Section 8.04 (8) of the Municipal Code (Street Excavation). Second reading. (Deferred 8/9/88). Dumke moved to defer until the next Council meeting. Hilt seconded, carried. Ord.fl619 - An Ordinance to Amend the Zoning Map of the City of Muskego (Praise Fellowship - EA to EA/OIP). Second reading. Penovich moved for adoption. Repischak seconded. Dumke requested the Assessor to determine how much of the land will be tax exempt. Motion carried 7-0. B Common Council Minutes 8/23/88 - Page 2 NEW BUSINESS Waterford (H h J Baumgart) Penovich moved for adoption. Hilt Reso.#183-88 - Approval of Certified Survey Map - Town of seconded, carried 7-0. Reso.#184-88 - Approval of Offer to Purchase (City-Owned Property adoption. Dumke seconded. Taube again stated his objection to - Fairfield Drive - Kurer & Bushberger) Penovich moved for the failure of the City to obtain an appraisal and felt that the only offer received of $5,000 per acre was too low. Hilt noted for the right-of-way and easement for the Schultz Lane project the Finance Committee also negotiated with the prospective buyer with the procedures followed. Penovich noted that the parcel was and felt this was a more than generous offer. Taube disagreed offered for sale in the newspaper and no other offers were received. Taube felt that this parcel was located in a prime building area and if there were problems with the site that possibly those problems should be resolved and the parcel rebid. Taube again objected to the way the sale was handled. The Finance Committee strongly resented any implications of wrong doing stating that they did advertise and felt the only offer submitted was reasonable and thereby recommended approval. Molter explained that the counter-offer would clarify environmental concerns in order for the City to protect itself. Penovich moved to amend the fifth paragraph to read as follows: "BE IT FURTHER RESOLVED that the Common Council hereby authorizes the City Attorney to attempt to prepare a counter-offer which addresses these concerns and hereby authorizes the Mayor and Clerk in consultation with the City Attorney to act in place of seconded, carried 7-0. Resolution #184-88 as amended carried 6-1 the Common Council as to said offer and counter-offer." Hilt with Taube voting no. Reso.#185-88 - Approval of Amendment with Respect to Industrial Development Revenue Bonds (Buth-Geise-Medical Assoc. of Muskego Project). Dumke moved for adoption, Penovich seconded, carried 0 7-0. Reso.Al86-88 - Authorizing Execution of Maintenance Agreement with CODV Plus. Inc. (Police DeDt. Copier). Hilt moved for adoptioh; Penovich seconded, cakried 7-0. Reso.Bl87-88 - Acceptance of Sewer and Road Improvements, Tans Drive Land Division (Zach). Dumke moved for adoption, Penovich seconded, carried 7-0. Reso.#188-88 - Awarding of Bid, Crossing Culvert Improvements, Racine Avenue. Repischak moved for adoption, Penovich seconded, a carried 7-0. -. - ,#". Common Council Minutes 8/23/88 - Page 3 Reso.#189-88 - Authorizing Expenditure of Park Dedication Funds (Bay Breeze Recreational Trail). Dumke moved for adoption, Hilt seconded. Hilt moved to amend to add: "BE IT FURTHER RESOLVED that the maximum amount to be spent by the City is 1/2 of the seconded, motion carried. Resolution 8189-88 as amended adopted total project cost or $5,638.60, whichever is less." Patterson 0 7-0. Reso.#190-88 - Authorization to Obtain Bids for Smart Money Program (Wisconsin Electric Power Co). Penovich moved for from participation in this program. Taube recommended that an adoption, Dumke seconded. Mayor explained the possible savings adopt carried 6-1 with Taube voting no. energy audit be performed by the Electric Company. Motion to Reso.#lYl-88 - Resolution for Expansion of Contract Sewer Area seconded. Sanders moved to amend to add after Sewerage District for the City of Muskego. Sanders moved for adoption, Respischak in the first and third paragraphs the words, "contract area. Hilt seconded. Motion carried. Resolution #191-88 as amended adopted 7-0. Reso.Fl92-88 - Authorizing Public Officials to Issue Non-Traffic Citations in Accordance with Ordinance 316. Patterson moved for I, 0 adoption, Sanders seconded, carried 7-0. LICENSE APPROVAL - Penovich moved and Hilt seconded for approval of operators licenses listed: Jodi Miller. Douglas Galles, Susann Parson, Ronald Rea, Michaelene Diaz, Mary Nelson, Jo-Ell Higgins, Kelly Verburgt, Warner Weiland, Jr., Daniel Parr, Robert Kulas and Clarence Joslin. Motion carried. Penovich moved for approval of Class B Fermented Malt Beverage W16355 Woods Road. Dumke seconded, motion carried 7-0. and Intoxicating Liquor License for Adrienne J. Hansen, S78 VOUCHER APPROVAL - Penovich moved for approval of payment of General Vouchers in the amount of $620,534.45. Hilt seconded, motion carried 7-0. Sanders moved for approval of Sewer Utility Vouchers in the amount of $10,499.77. Repischak seconded, carried 7-0. CITY OFFICIAL'S REPORTS - The Clerk acknowledged receipt of a petition from Michele Lessmann for rezoning from RS3/0ED to RS3/0D and noted a Public Hearing would be held at 7:20 p.m. on Tuesday, September 13. The Council was reminded that the Big Muskego Lake Annual Meeting would be held on Monday, August 29, at 7:OO p.m. at City Hall. Common Council Minutes 8/23/88 - Page 4 Taube extended an invitation for all Aldermen to attend the Parade on Sunday, August 28, in conjunction with the Muskego Community Festival. CLOSED SESSION - Patterson moved to convene in Closed Session pursuant to §19.85(l)(e). Deliberating or negotiating the purchasing of public^ properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session as to discussions concerning Emerald Park Landfill Agreement and further pursuant to §19.85(1)(g), Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved concerning Emerald Park as to a possible contested case hearing and other possible litigation. As to these matters, formal action may be taken in Closed Session. Repischak seconded, carried 7-0. The Council reconvened into Open Session for purpose of Adjournment . ADJOURNMENT - Hilt moved to adjourn, Patterson seconded, carried. Meeting adjourned at 10:22 p.m. Respectfully submitted, an K. Plarenda YP VOUCHER TOTALS *******f**X******* _. COUNCIL MEETING DATE: GENERAL FUND: BOARD CHECKS (REGULAR) // 6 / 76 I 95 HAND CHECKS ./! g 4,A 4/, 76 (23) 431.41) 3 q&O/b a 3 5 END OF MONTH TOTAL " 5772 /f7 30 VDib ,4mT Tb dPPRPlr6 UTILITIES: SEWER: 0 BOARD CHECKS (REGULAR) 923 7,j.Z - HAND CHECKS' 30d- 7s END OF MONTH WATER : BOARD CHECKS (REGUM) 78.5.49 HAND CHECKS 78.23 END OF MONTH TOTAL UTILITY VOUCHERS