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ccm19910723Common Council Minutes July 23, 1991 Page 2 side-by-side row houses; and (2) That the above condition shall be included in a deed restriction to be approved by the City and made by property owner" and to add the following to Section 3: "but recorded no later than September 30, 1991; and (3) Road dedication be if said conditions stated above are not met within the time stated, this ordinance is null and void and the RS-2 zoning is in full force and effect." Simmons seconded. Carried 5-0 with Taube abstaining. Ordinance #721 as amended adopted 4-2 with Hilt, Dumke, D. Sanders, H. Sanders voting "yes," and Simmons and Taube voting "no." NEW BUSINESS Reso. #190-91 - Establish A Policy For Public Deposit and Investments. Dumke moved for adoption, Hilt seconded. Carried 6-0. Reso. #191-91 - Authorize Granting of Funds for Muskego Community Festival. Dumke moved for adoption, H. Sanders seconded. Carried 6-0. Reso. #192-91 - Approval of Payment to FLOW. Simmons moved for adoption, D. Sanders seconded. Carried 6-0. Reso. #193-91 - Acceptance of Sewer and Road Improvements adoption, Dumke seconded. Carried 6-0. (Kurer/Bushberger -- Sherwood Circle Extension). Simmons moved for Reso. #194-91 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Right-of-way (Portion of Ruby Drive Extension -- Bauer). Introduced. Reso. #195-91 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Right-of-way (Karah Court). Introduced. Reso. #196-91 - Direct City Attorney to Prepare Offer to Purchase Land for Expansion of Muskego Volunteer Fire Company Building. Hilt moved for adoption, Dumke seconded. Hilt presented cost figures of remodeling of existing station and addition at the Janesville Road site versus construction of new building. Hilt stated that Fire Company prefers to stay at present site for more efficient response time. Hilt moved to amend to add condition #7 as follows: "Buyer to City of Muskego and Muskego Volunteer Fire Company in the event that have an agreement in place to identify an arrangement between the moved to amend to add the following after Paragraph 4: "Be it the Fire Company would disband." Taube seconded. Carried 6-0. Hilt further resolved that the City agrees to return a letter of credit to JC Development which was issued for the construction of Karah Court Attorney." Dumke seconded. Carried 6-0. Resolution #196-91 twice and execute the attached agreement subject to review by the City amended adopted 6-0. of Sanitary Sewer Improvements and Levying Special Assessments Reso. #197-91 - Amended Final Resolution Authorizing Installation Against Benefited Property -- Hillendale/Wentland and Tans Drive Common Council Minutes July 23, 1991 Page 3 Sewer Project MSS-1-90, Assessment District "SA." Simmons moved for adoption, D. Sanders seconded. Carried 6-0. Reso. #198-91 - Amended Final Resolution Authorizing Installation Against Benefited Property -- Hillendale North of Highway L Sewer of Sanitary Sewer Improvements and Levying Special Assessments Project MSS-2-90, Assessment District "SB." Hilt moved for adoption, D. Sanders seconded. Carried 6-0. Reso. #199-91 - Amended Final Resolution Authorizing Installation of Water Improvements and Levying Special Assessments Against MW-12-90, Assessment District "WK." D. Sanders moved for adoption, Benefited Property -- Hillendale North of Highway L Water Project Simmons seconded. Carried 6-0. Reso. #200-91 - Amended Final Resolution Authorizing Installation Against Benefited Property -- Woods Road South Sewer Project of Sanitary Sewer Improvements and Levying Special Assessments MSS-3-90, Assessment District "SC." D. Sanders moved for adoption, Hilt seconded. Carried 6-0. Reso. #201-91 - Amended Final Resolution Authorizing Installation of Water Improvements and Levying Special Assessments Against Assessment District "WJ." D. Sanders moved for adoption, Simmons Benefited Property -- Woods Road South Water Project MW-11-90! seconded. Carried 6-0. Reso. #202-91 - Approval of Addendum to Agreement Between the City Hilt moved for adoption, D. Sanders seconded. Carried 6-0. of Muskego and Wisconsin Electric Power Company (Recreation Trail) Addn. #l. D. Sanders moved for adoption, H. Sanders seconded. Reso. #203-91 - Approval of Preliminary Plat -- Lakeview Highlands Carried. Reso. #204-91 - Renewal of Extractive Permit and Portable Asphalt Plant for Payne & Dolan. D. Sanders moved for adoption, Dumke seconded. With no objection from Council, H. Sanders introduced Mr. Frank Petelinsek, a property owner on Hillendale Avenue, who requested that the Council consider the affects that the operation has on the area. Mayor stated there has been no complaints filed in the past year, therefore they have no right to deny. Taube moved to defer to receive assurances from Payne & Dolan on their promise to create a lake with residential area. Motion died for lack of a second. Simmons requested that a report be presented to the Council on the status of their equipment. Carried 5-1, with Taube voting "no . 'I Reso. #205-91 - Approval of Certified Survey Map (Eiche/Barker Homes). D. Sanders moved for adoption, Hilt seconded. D. Sanders developer's agreement and letter of credit being submitted and moved to amend to delete in Paragraph 2 and 3: "subject to a approved for the public improvements for this property." Simmons seconded, carried. Resolution #205-91 as amended adopted 6-0. Common Council Minutes July 23, 1991 Page 4 Ord. #722 - An Ordinance to Amend Chapter 21, to Add Section 21.22 to the Municipal Code of the City of Muskego (Sewer Utility). First Reading. LICENSE APPROVAL Hilt moved for approval of Gathering Permit for St. Leonard Congregation picnic to be held September 27-30, 1991. H. Sanders seconded. Carried 6-0. Hilt moved for approval of Soda License for St. Leonard Congregation and Idle Isle Concession. Dumke seconded. Carried. VOUCHER APPROVAL Hilt moved for approval of payment of General Vouchers in the amount of $484,579.11. Dumke seconded. Carried 6-0. Simmons moved for approval of payment of Utility Vouchers in the amount of $178,442.97. Hilt seconded. Carried 6-0. CITY OFFICIALS' REPORTS The Deputy Clerk announced that a public hearing to consider sewer and water assessments for Valley View Heights will be held on Thursday, August 22, 1991 at 7:OO PM followed by Public Utility Committee meeting then followed by a special meeting of the Common Council to adopt final resolution and award of bid for Valley View Heights projects. The Deputy Clerk also announced that a public hearing to consider rezoning the Harold DeBack property from RS-3 to RS-3/0PD will be held on Tuesday, August 27, 1991 at 7:25 PM. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Mayor stated that the Department of Transportation in Waukesha County and will be a County assessment project. is interested in upgrading a portion of Racine Avenue to four lanes Dumke moved to adjourn at 10:50 A.M. H. Sanders seconded, carried. Respectfully submitted, Carol A. Cichocki Deputy City Clerk " e