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ccm19920908CITY OF MUSKEG0 COMMON COUNCIL MINUTES OF MEETING HELD SEPTEMBER 8, 1992 The meeting was called to order at 7:40 P.M. by Mayor Salentine. Also present were Aldermen Patterson, Dumke, Misko, Schneider, and Taube, Deputy City Clerk Blenski, and Attorney Molter. Aldermen Simmons and Sanders were absent. Patterson moved for approval of the Common Council minutes of meeting held August 25, 1992. Dumke seconded, carried. COMMITTEE MINUTES Patterson presented minutes of Finance Committee meetings held 9/2/92 and 9/8/92 and moved for acceptance. Dumke seconded, carried. Schneider presented minutes of Public Works Committee meeting held 8/27/92 and moved for acceptance. Dumke seconded, carried. Misko presented minutes of Public Utilities Committee meeting held 8/31/92 and moved for acceptance. Schneider seconded, carried. Misko presented minutes of Public Safety Committee meeting held 9/3/92 and moved for acceptance. Schneider seconded, carried. Plan Commission minutes of 9/1/92 meeting were received and placed on file. UNFINISHED BUSINESS Reso. #162-92 - Proceeding by the Common Council of the City of Muskego to Discontinue and Vacate a Portion of Crest Drive. Introduced 6/23/92, deferred 8/11/92 and 8/25/92. On the floor, motion to adopt was defeated 3-2 with Patterson, Misko, and Taube voting "no, 'I and Dumke and Schneider voting "yes." Reso. #213-92 - Consent to the Assignment of Cable Television Franchise from Warner Cable Communications, Inc. to Time Warner Entertainment Company, LP. On the floor, deferred 8/25/92. A meeting took place clarifying the items regarding the access channel problems. Patterson moved to amend to change the "September 30, 1992" dates in Paragraph 7 of the Resolution to "October 30, 1992" and the "October 30, 1992" date in No. 2. of the Affidavit of Acceptance to "November 30, 1992." Schneider seconded, carried. Resolution #213-92, as amended, adopted 5-0. Reso. #214-92 - Resolution Consenting to Assignment of Lease Agreement Between Time Warner Entertainment Company LP and City of Muskego. On the floor, deferred 8/25/92. Motion to adopt carried 5-0. Common Council Minutes September 8, 1992 Page 2 e 0 0 Reso. #215-92 - Approval of Amendment to Subdivider's Agreement-Bay Breeze. On the floor, deferred 8/25/92. Molter summarized his letter of 9/4/92. Reso. #231-92 will determine the need for a Public Hearing. Patterson moved to defer, Dumke seconded. Motion defeated 2-3 with Patterson and Taube voting "yes," and Dumke, Misko, and Schneider voting "no. 'I Taube Mr. Ingersoll stated that JC Development was willing to execute requested John Ingersoll be allowed to address the Council. an Indemnification Agreement with the City. JC would like to see this proceed with amendment made to include the Indemnification Agreement. Attorney Molter recommends the Public Hearing be held first since this is an amendment to a PUD. The Deputy Clerk determined that a Public Hearing could be held on October 13, 1992. Dumke moved to defer until after the Public Hearing. Patterson seconded, carried 5-0. Reso. #222-92 - Approval of Certified Survey Map - Wernette. Taube moved for reconsideration. Dumke seconded, carried 5-0. Taube stated the Resolution did not include the Plan Commission amendment removing the restriction for future divisions. Taube moved to amend the Resolution as follows: In the second WHEREAS, remove the words, "and which restricts the future division of Parcel 2." Also to be added is "BE IT FURTHER RESOLVED that Parcel 2 can only receive access from Restful1 Lane." Seconded by Dumke. Carried 4-1 with Patterson, Dumke, Schneider, and Taube voting "yes," and Misko voting "no." Resolution #222-92, as amended, adopted 4-1 with Patterson, Dumke, Schneider, and Taube voting "yes," and Misko voting "no." NEW BUSINESS Reso. #232-92 - Approval of Extraterritorial Certified Survey Map-Balko, Town of Norway. Taube moved for adoption, Dumke seconded. Carried 5-0. Recess declared at 9:00 P.M. Reso. #229-92 - Resolution as to Notification of Recommended moved for adoption, Dumke seconded. Carried 5-0. Zoning Changes Related to Comprehensive Master Plan. Patterson Need for a Public Hearing Requirement for a Site Plan Amendment Reso. #231-92 - Resolution as to Common Council Determining (Bay Breeze). Patterson moved for adoption, Dumke seconded. Patterson moved to amend the THEREFORE BE IT RESOLVED as follows: "that the Common Council of the City of Muskego had received the recommendation from the Plan Commission of March 17, 1992 on the Amendment to the Site Plan for Bay Breeze Condominiums to eliminate the tennis courts, and said recommendation being that a Public Hearing not be held. However, upon further review and citizen input and concerns, that the Common Council recommends a Public Hearing shall be this appears to be a substantial change to the Site Plan so held before the Council and notice given pursuant to Chapter Common Council Minutes September 8, 1992 Page 3 Resolution #231-92, as amended, adopted 5-0. 17, Section 3.07." Seconded by Schneider, carried 5-0. Attorney Molter was excused from the meeting at 9:30 P.M. Reso. #230-92 - Sale of Common Stock-The Equitable (PEIIC Plan). Taube moved for adoption. Patterson seconded, carried 5-0. Reso. #233-92 - Appointment of Citizen Member (Jim Dumlte) to Park & Recreation Board. Misko moved for adoption. Schneider seconded, carried 5-0. De Angelis) to Capital Budget Committee. Taube moved for Reso. #234-92 - Appointment of Plan Commission Member ('David adoption. Misko seconded, carried 5-0. Reso. #235-92 - Renewal of Extractive Permit and Portable Asphalt Plant for Payne & Dolan. Taube moved for adoption. Schneider seconded, carried 5-0. Department Parking Lot Paving. Patterson moved for adoption. Reso. #236-92 - Award of Bid-Tess Corners Volunteer Fire Dumke seconded, carried 5-0. Reso. #237-92 - Amendment to Deposit and Forfeiture Schedule. Misko moved for adoption. Schneider seconded, carried 5-0. Ord. #766-92 - An Ordinance to Amend the Zoning Map of the City of Muskego (EA to A - Peters). First Reading. LICENSE APPROVAL Patterson moved for approval of Operator's License for Susan Marie Hinkley subject to favorable police report. Dumke seconded, carried. VOUCHER APPROVAL Patterson moved for approval of payment of General Vouchers in the amount of $308,686.03. Dumke seconded. Carried 5-0. Patterson moved for approval of payment of Utilities Vouchers in the amount of $40,084.10. Misko seconded. Carried 5-0. Common Council Minutes September 8, 1992 Page 4 a COMMUNICATIONS Patterson thanked Mr. Millonzi for doing a good job while serving on the Parks and Recreation Board. Taube moved to adjourn at 9:40 P.M. Patterson seconded, carried. Respectfully submitted, Y mA Marenda, CMC ty Clerk 't COUNCIL MEETING DATE fh/$%' HAND CHECKS END OF MONTH TOTAL UTILITIES; SEWER; BOARD CHECKS (regular) 32'. JA. 32. HAND CHECK END OF PIONTH WATER: BOARD CHECKS (regular) 726 7s.f HAND CHECKS END OF MONTH