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ccm19920714CITY OF MUSKEG0 COMMON COUNCIL MINUTES OF MEETING HELD JULY 14, 1992 0 I The meeting was called to order at 7:45 PM by Mayor Salentine. Also present were Aldermen Dumke, Misko, Patterson, Sanders, Schneider, Simmons, and Taube, City Clerk Marenda, and Attorney Molter. Patterson moved for approval of the Common Council minutes of meetings held June 23 and 30, 1992. Dumke seconded, carried. Mayor read Notice of Closed Session per agenda. PERSONAL APPEARANCE Betty Buck appeared on behalf of S.H.A.R.E. (Self Help and Resource room at City Hall for the Program and encouraged all interested Exchange) Muskego Unit to thank the City for allowing use of the parties. to participate. She presented plaque to the City. Reso. #180-92 - Honoring City of Muskego Eagle Scout -- Jason D. Rehorst. Misko moved for adoption, Simmons seconded. Carried 7-0. Resolution presented to Jason. COMMITTEE REPORTS Sanders presented Finance Committee minutes of meetings held July 8 and 14, 1992 and moved for acceptance. Patterson seconded, carried. Schneider presented Public Works Committee minutes of meeting held June 24, 1992 and moved for acceptance. Dumke seconded, carried. Misko presented Public Safety Committee minutes of meeting held July 9, 1992 and moved for acceptance. Sanders seconded, carried. Dumke presented Rules, Laws & Ordinance Committee minutes of meeting held July 9, 1992 and moved for acceptance. Taube seconded, carried. Plan Commission minutes of meeting held July 7, 1992 were reviewed and placed on file. Ord. #759 - An Ordinance to Amend Chapter 14, Section 1.5(2), of Ordinance: Official Map. Second Reading. Patterson moved for the Municipal Code of the City of Muskego -- Floodplain Zoning been reviewed by engineers. Mayor advised that the HEC-I1 report adoption, Taube seconded. Attorney Molter reported information has was done for a grant application, and when the DNR order was received to implement the zoning, the same map was used. Additional field work required to address discrepancies. Patterson moved to defer and authorize funds for engineering for field work but not for HEC-I1 Report update. Simmons seconded, carried 7-0. Ord. #760 - An Ordinance to Amend the Zoning Map of the City of Muskego (RCE to EA -- Badertscher). Second Reading, Sanders moved for adoption, Misko seconded. Carried 7-0. Common Council Minutes July 14, 1992 Page 2 Muskego (RS-2 to RS-2/0PD -- Terra Development/Plum Creek Ord. #761 - An Ordinance to Amend the Zoning Map of the City of Subdivision). Second Reading. Dumke moved for adoption, Schneider seconded. Patterson moved to amend Section 3 to add "and recording of Declaration of Restrictions referred to in Resolution #181-92." Simmons seconded, carried. It was noted that Exhibit A of the Declarations is the preliminary plat of the whole development. Motion carried 6-1, with Taube voting "no." Reso. #182-92 - Approval of Preliminary Plat -- Plum Creek moved to amend Paragraph 4 to change "improvements" to "roads" and Subdivision. Taube moved for adoption, Schneider seconded. Taube to add "and no re-calculation of density will be allowed due to Carried 7-0. Resolution #182-92 as amended adopted 7-0. floodplain and no lot shall be less than 14,000 square feet." Reso. #181-92 - Approval of Certified Survey Map -- Plum Creek. Taube moved for adoption, Schneider seconded. Taube moved to amend to add to Paragraph 4 "and subject to recording of the Declaration of Restrictions attached hereto." Misko seconded, carried 7-0. Resolution #181-92 as amended adopted 7-0. Muskego (RS-l/RS-2/B-Z/W to RS-3/0PD -- Lake Forest Addn. #2). Ord. #762 - An Ordinance to Amend the Zoning Map of the City of First Reading. Schneider moved to suspend rules to allow second reading, Dumke seconded. Carried 5-2, with Patterson, Taube voting "no." Second reading. Schneider moved for adoption, Dumke seconded. Carried 7-0. Reso. #183-92 - Approval of Final Plat, Subdivider's Agreement and Letter of Credit -- Lake Forest Addn. #2 Subdivision. Simmons moved for adoption, Sanders seconded. Carried 7-0. Reso. #185-92 - Re-Approval of Final Plat -- Day Break Subdivision/Town of Norway. Taube moved for adoption, Misko seconded. Carried 6-0 (Simmons left room briefly). Reso. #190-92 - Resolution Indicating City's Present Intent to Provide Road and Water Service to the West Side of Enterprise Drive -- Muskego Industrial Park. Patterson moved for adoption, Misko seconded. It was noted the City's portion of project to be completed in conjunction with adjacent property owner when he bids out his portion of project. Taube moved to amend Paragraph 6 to insert "of the concept" after "approve" and to add "if appropriate agreement can be worked out with the petitioner." Carried 7-0. Resolution #190-92 as amended adopted 7-0. Agreement for Hazardous Material Spill Services. On floor, Reso. #136-92 - Approval of Intergovernmental Cooperation deferred 6/9/92. Clerk reported Devine & Tweedale continuing research. Patterson moved to defer, Taube seconded. Carried. the Municipal Code of the City of Muskego -- Licenses and Permits: Ord. #758 - An Ordinance to Amend Chapter 12, Section 12.16, of Swimming Pools. Mayor vetoed 6/25/92. Misko moved for reconsideration, Dumke seconded. Carried 7-0. Taube moved to Common Council Minutes July 14, 1992 Page 3 amend Section 1, Paragraph (4) Location, to delete "Subdivision deed restrictions must also be conformed to." Simmons seconded, carried. Ordinance #758 as amended adopted 7-0. Taube moved for adoption, Schneider seconded. Carried 7-0. Reso. #184-92 - Approval of Certified Survey Map -- Krause. Reso. #186-92 - Approval of Final Plat -- Lakewood Meadows Subdivision. Taube moved for adoption, Schneider seconded. Schneider objected to only half of Tans Drive being dedicated and preliminary plat was approved in the same manner, the final plat is concerns about access to Gold Drive. Molter reported 'since the entitled to approval as submitted. Patterson moved to defer until after Closed Session. Schneider seconded, carried. Regulations for Muskego Business/Industrial Park. Misko moved for Reso. #187-92 - Resolution Clarifying Item 6 of Rules & materials to meet the architectural design requirements for the adoption, Schneider seconded. Misko felt the use of other Industrial Park would help industrial growth and create tax relief due to added industrial growth. Carried 7-0. Taube moved to convene into closed session pursuant to §19.85(1)(e), Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining Conferring with legal counsel for the governmental body who is reasons require a closed session, and pursuant to §19.85(1)(g), by the body with respect to litigation in which it is or is likely rendering oral or written advice concerning strategy to be adopted to become involved, more specifically the Muskego Volunteer Fire Company construction contract. As to these matters, formal action may be taken in Closed Session. Simmons seconded, carried 7-0. It was noted the Council will then reconvene into Open Session for the purpose of continuation of the agenda items. Reso. #186-92 continued. It was noted the preliminary plat was Molter noted the 60-day time limit expired. Schneider again approved on 12/10/91 and the final plat submitted on May 14, 1992. Tans Drive and felt the people's concerns along Gold Drive should expressed concern about access to Gold Drive and the half road on be addressed. He also noted the property owner to the north had not been contacted as promised by the developer regarding dedication of Tans Drive. Dumke called for the question. Resolution #186-92 adopted 5-2, with Schneider, Taube voting "no." At this time, Attorney Molter was excused from the meeting. Reso. #188-92 - Authorize City Contribution for Habitat for Humanity. Sanders moved for adoption, Simmons seconded. Carried 7-0. Service in Muskego Industrial Park Addn. #l. Dumke moved for Reso. #189-92 - Authorize Expenditure of Funds for Electrical adoption, Patterson seconded. Carried 7-0. Common Council Minutes July 14, 1992 Page 4 0 Contract. Dumke moved for adoption, Sanders seconded. Carried 7-0. Reso. #191-92 - Approval of Amendment to Cleaning Service Reso. #192-92 - Approval of Various License Applications for the City of Muskego for the Licensing Period July 1, 1992 to June 30, 1993. Sanders moved for adoption, Schneider seconded. Carried 7-0. I Reso. #193-92 - Acceptance of Improvements -- Golden Country Estates Subdivision. Misko moved for adoption, Dumke seconded. Misko moved to amend Paragraph 5 to add "subject to drainage concerns being rectified." Taube seconded, carried. Clerk was met. Resolution #193-92 as amended adopted 7-0. directed not to release escrow funds until this condition has been Reso. #194-92 - Establishing Traffic Regulations. Simmons moved for adoption, Misko seconded. Carried 7-0. I LICENSE APPROVAL Patterson moved for approval of Operator's Licenses subject to Bujadham. Sanders seconded, carried. favorable police reports and required application fees for Kritsada VOUCHER APPROVAL Patterson moved for approval of payment of General Vouchers in the amount of $467,057.62. Dumke seconded. Carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $359,945.68. Schneider seconded. Carried 7-0. COMMUNICATIONS Clerk announced a petition had been received from Bonnie Lemke to rezone property on Kipling and County Trunk L from RS-2 to RS-A to allow for construction of 2 duplex buildings with the public hearing scheduled for Tuesday, July 28 at 7:25 PM. Referred to Plan Commission for review and recommendation. Clerk reported State Superintendent Grover advised State Statute identified methods in which property can be transferred from one 117 School District Reorganization governs the school district and school district to another. The Clerk was directed to take no further action at this time. Misko moved to adjourn at 11:37 PM. Sanders seconded, carried. Respectfully submitted, Mty Clerk