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ccm19900327i. COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD MARCH 27, 1990 Called to order at 8:26 p.m. by Mayor Salentine. Also present were Aldermen Hilt, Patterson, D. Sanders, H. Sanders, Simmons, Taube, City Attorney Molter and City Clerk Marenda. Ald. Dumke was absent. Hilt moved for approval of minutes of meeting held March 13, 1990. H. Sanders seconded, carried. April 1-6, 1990. Proclamation was presented honoring Week of the Young Child - Police Officer Michael T. Rakers was introduced by Police Chief Johnson and sworn in by the City Clerk. COMMITTEE REPORTS Hilt presented Finance Committee minutes of March 21 and 27, 1990 and moved for acceptance. H. Sanders seconded, carried. D. Sanders presented Public Utilities Committee minutes of March 15, 1990 and moved for acceptance. H. Sanders seconded, carried. Simmons presented Public Works Committee minutes of March 22, 1990 and moved for acceptance. Patterson seconded. Taube requested individual consideration of paragraph 4. Minutes accepted without said paragraph. Taube moved to defer paragraph 4 and refer to Committee. Patterson seconded, carried. Plan Commission minutes of March 6 and 20, 1990 received and placed on file. UNFINISHED BUSINESS Ord.#674 - An Ordinance to Amend Chapter 12 of the Municipal Code of the City of Muskego (Cable Television) Second reading. Patterson moved for adoption. Simmons seconded. Patterson moved to amend Section 11 to read "Chapter 12, Section 12.19(16) is hereby amended to delete this section in its entirety". Upon Complaints Computer Report would be requested to be submitted for request of Ald. Taube, Patterson advised a copy of the Subscriber amended, adopted 6-0. review at the next Public Welfare meeting. Ordinance 11674. as Ord. #675 - An Ordinance to Amend Chapter 1 of the Municipal Code of the City of Muskego (Elected Officials) Second reading. Patterson moved for adoption. D. Sanders seconded, carried 6-0. Common Council Minutes March 27, 1990 - Page 2 NEW BUSINESS Reso.1161-90 - Resolution Providing for the Continued Support of FLOW. H. Sanders moved for adoption. D. Sanders seconded, carried 6-0. Reso.#62-90 - Approval of Community Access Rules (Cable Television). Patterson moved for adoption. Simmons seconded, carried 6-0. Reso.1163-90 - Consent to the Assignment of Cable Television Franchise from Ingersoll Industries, Inc. to Warner Cable Communications, Inc. Patterson moved for adoption. Simmons seconded. Taube expressed concern about lack of safeguard in assuring continued quality service. Patterson moved to amend the Resolution to add the following: "BE IT FURTHER RESOLVED that the Common Council of the City of Muskego does not know of any default by Ingersoll Industries, Inc. under this franchise unpaid attorney fees and other expenses pertaining to the (except as follows: unburied drops, franchise fee payments, franchise, head-end lease payment, unpaid personal property and purposes of this resolution, the Common Council of the City of real estate taxes, plus any interest and penalties. For the Muskego shall be deemed to know of a default if, but only if, such default is actually known to any member of the Common Council present at a meeting of the Common Council at which these resolutions have been adopted. BE IT FURTHER RESOLVED that, based upon a review of the City records by the City Clerk, the Common Council of the City of Muskego does not know of any instrument or agreement governing the franchise and the obligations of Ingersoll Industries, Inc. with respect thereto except those items stated in Paragraphs 3 and 4 of the Affidavit of Acceptance of Cable TV Ordinances and Other Responsibilities, and the cable television franchise identified above. BE IT FURTHER RESOLVED if the above listing is determined at a later Grantee and City shall negotiate in good faith a resolution of date to be incomplete, the City shall notify the Grantee. The Acceptance to delete "but not limited to", and to further amend any such dispute", and further to amend 3. of the Affidavit of paragraph 4B. to change "30 days" to "45 days" and add "Warner Cable Communications shall provide written notice to the City of Muskego" and to amend 4C. to change date from "September 1" to "October 31". Atty. Molter advised he did not agree with the changes since the City is not required to take some of the risk taken by the changes. The attorney representing Warner Cable stated he could not say they would continue the same business practices, because in many instances they will be improved. Motion to amend carried 6-0. Resolution #63-90, as amended, adopted 6-0. Common Council Minutes March 27, 1990 - Page 3 Reso.#64-90 - Resolution As To Deferred Water Assessments. H. Sanders moved for adoption. D. Sanders seconded, carried 6-0. Reso.t65-90 - Approval of Extension of Time for Plan Commission Review (Terra Development, Inc.). Hilt moved for adoption. H. Sanders seconded. Simmons moved to amend to add "45 days" after the words "an extension of time". Hilt seconded, carried. Resolution #65-90, as amended, adopted 6-0. Owned Land - Fountainwood Addn. 82). H. Sanders moved for Reso.#66-90 - Resolution As To Counter-Offer to Purchase (City- adoption. Hilt seconded. Simmons moved to amend to read "BE IT RESOLVED that the Common Council of the City of Muskego, upon the attached Counter Offer to Purchase for Lot 12, Blk 15 recommendation of the Finance Committee, does hereby reject the attached, and does hereby authorize the Mayor to contact the Fountainwood Subdivision from Anthony and Lisa Migliaccio, as Counter Offer still stands." Hilt seconded, carried. Resolution prospective purchasers to advise them that the City's original #66-90, as amended, adopted 6-0. Reso.#67-90 - Resolution As To Offer to Purchase (West Lake Development - Industrial Park Addn.) Hilt moved for adoption. H. Sanders seconded, carried 6-0. Reso.t68-90 - Approval of Amendment to Contract of Sale (CATS Nationwide, Inc. - Industrial Park Addn.) H. Sanders moved for adoption. Hilt seconded, carried 6-0. Reso.#69-90 - Disallowance of Claim - Jane Schams. Patterson moved for adoption. Simmons seconded, carried 6-0. Reso.H70-90 - Approval of Certified Survey Map (Raab - Industrial Park Addn.) Hilt moved for adoption. D. Sanders seconded, carried 6-0. Reso.171-90 - Approval of Certified Survey Map (CATS Nationwide, Inc. - Industrial Park Addn.) Hilt moved for adoption. D. Sanders seconded, carried 6-0. Reso.t72-90 - Approval of Certified Survey Map (Kastello). H. Sanders moved for adoption. Hilt seconded, carried 6-0. Reso.#73-90 - Approval of Certified Survey Map (Kozey). Hilt moved for adoption. Patterson seconded, carried 6-0. Reso.#74-90 - Approval of Final Plat & Subdivider's Agreement (Woodside Estates). D. Sanders moved for adoption. Simmons seconded. Hilt moved to amend to add "BE IT FURTHER RESOLVED the developer's proportionate share of the cost of the HEC that the agreement is hereby subject also to including payment of Common Council Minutes March 27, 1990 - Page 4 a flood plain amendment. Simmons seconded. Todd Bushberger was (Hydraulic Equivalency Compensation) Report required by FEMA for present and agreed to accept said cost. Motion carried. Resolution #74-90, as amended, adopted 6-0. Reso.#75-90 - Acceptance of Quote (Public Works Truck). Simmons moved for adoption. Taube seconded, carried 6-0. Reso.176-90 - Approve/Deny Shadow Lane Requirement - Woods Road (Woodcrest/Woodside Subdivisions). Simmons moved to adopt resolution to "deny". D. Sanders seconded. Simmons felt requirement of a shadow lane should not be responsibility of the subdivider but addressed by the School District at a later date. Taube stated a shadow lane would not be necessary if these developments were not taking place along Woods Road and requested that the shadow lane be approved with the cost born by the developers. D. Sanders felt a future impact may occur and this should be addressed at that time. Simmons called for the question. Motion to adopt resolution #76-90 to "deny" carried 5- 1, with Taube voting "no". Reso.#77-90 - Authorize Expenditure of Park Dedication Funds. Hilt moved for adoption to include acceptance of the quote from John Lang Trenching in the amount of $6,930.00. D. Sanders seconded. D. Sanders moved to amend reference to "repairing the sewer lateral" to read "for the purpose of installing a new sewer amended, adopted 6-0. lateral". Hilt seconded, carried. Resolution #77-90, as LICENSE APPROVAL Hilt moved for approval of operator's licenses. Taube seconded. Simmons requested individual consideration of approval for Beaumont. Licenses for Sharon Wood, Alice Worske and Kristin Cissa were approved. Simmons moved to defer action on Beaumont applicant. Taube seconded, carried 5-1 with Hilt voting "no". license and refer to Finance Committee for further review with VOUCHER APPROVAL Hilt moved for approval of General Vouchers in the amount of $129,010.83. H. Sanders seconded, carried 6-0. H. Sanders moved for approval of Utility Vouchers in the amount of $205,073.22. D. Sanders seconded, carried 6-0. Common Council Minutes March 27, 1990 - Page 5 COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED nY LAW The Clerk reported a Public Hearing would be held on April 24, 1990 at 7:25 p.m. to consider amendments to Chapter 17 and 18. Mayor noted a special Council meeting will be held on April 4, will be present to explain the MMSD/FLOW negotiated settlement. 1990 at 6:30 p.m. at which time the FLOW engineer and attorney All aldermen were asked to be present. A special Council meeting will also be held on Monday, April 9, 1990 at 6:OO p.m. for purposes of ratification of the necessary documents regarding FLOW vs. MMSD. Mayor announced that the Recreation Supervisor, Jackie will be reviewed at the next Finance Committee to be held on Schweitzer, has resigned. The subject of the position and salary Monday, April 2nd at 7:OO p.m. H. Sanders moved to adjourn at 11 :33 p.m. D. Sanders seconded, carried. Respectfully submitted, VOUCXEX TOTALS .. .............. n..nn...._ ........ ....,.A ..