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ccm19930713CITY OF MUSKEGO COMMON COUNCIL MINUTES OF MEETING HELD JULY 13, 1993 The meeting was called to order at 8:39 P.M. by Mayor De Angelis. Also present were Aldermen Patterson, Dumke, Misko, Sanders, Molter and Deputy Clerk Blenski. Schneider, Taube, and Woodard, City Clerk Marenda, City Attorney meeting held June 22, 1993 and Special Common Council meeting held Patterson moved for approval of the minutes of the Common Council June 29, 1993. Schneider seconded, carried. Patterson moved to convene into Closed Session pursuant to §19.85(l)(g) Conferring with legal counsel for the governmental be adopted by the body with respect to litigation in which it is or body who is rendering oral or written advice concerning strategy to is likely to become involved, more specifically, Little Muskego Lake Association threatened litigation under the Clean Water Act against Terra Development over construction of the Lake Forest Development and/or other litigation arising from the construction of the Lake Forest Development. Taube seconded, carried 7-0. The common Council reconvened into Open Session. Reso. #175-93 - Approval of Certified Survey Map - Addis. Taube moved for adoption. Dumke seconded. Carried 7-0. Ord. #803 - An Ordinance to Amend Chapter 14, Section 1.5 (2) of the Floodplain Zoning Ordinance (Revised Official Floodplain Map). 0 Taube moved to amend as follows: correct "(c)" to "(d)" under (2) Second Reading. Taube moved for adoption. Sanders seconded. Official Map, to remove the letter "B" following Panel Number 550486 002 in that same paragraph, and to amend the next paragraph Floodway Data Table below is the official Floodplain Zoning Map and to read, "This map, dated June 22, 1993, with corresponding has been approved by the Department of Natural Resources, and is on file in the office of the City Clerk:" with Floodway Data Table amended, carried 7-0. Information to follow. Schneider seconded, carried. Ord. #803, as Ord. #801 - An Ordinance to Amend Chapter 9, Section 9.06 of the Municipal Code of the City of Muskego (Loud and Unnecessary Noise) On the floor, deferred 6/22/93. Taube moved for adoption. Sanders seconded. Schneider moved to amend (3) to read as follows: "No person shall operate construction or excavation equipment between the hours of sunset and 7:OO A.M. Monday through Friday, between the hours of sunset and 8:00 A.M. on Saturday, and between the hours of sunset and 1O:OO A.M. on Sunday if the noise from such equipment would tend to unreasonably disturb or annoy anyone living in the vicinity of the construction or excavation site. Patterson seconded. Carried 6-1 with Sanders voting "no." Ord. #801, as amended, carried 6-1 with Sanders voting "no." Ord. #804 - An Ordinance to Amend Chapter 17, Section 3.08(3)A of the Municipal Code of the City of Muskego Zoning Ordinance (Board seconded. Carried 7-0. r) of Appeals). Second Reading. Taube, moved for adoption. Misko Common Council Minutes July 13, 1993 COMMITTEE REPORTS Page 2 Sanders moved for acceptance of minutes of Finance Committee Meetings held 7/7/93 and 7/13/93. Patterson seconded, carried. Misko moved for acceptance of minutes of Public Works Committee Meeting held 6/24/93. Schneider seconded, carried. Woodard moved for acceptance of minutes of Rules, Laws & Ordinance Committee Meeting held 7/8/93. Taube seconded, carried. Taube requested copy of Chief Johnson's memo of 6/1/93 referred to in second paragraph be attached to the minutes. Plan Commission minutes of meeting held 7/6/93 were received and placed on file. Reso. #167-93 - Resolution to Reject All Bids and Rebid Project-Fishing Pier Idle Isle. Patterson moved for adoption. Sanders seconded. Carried 7-0. Reso. #168-93 - Approval of Amendment to Subdivider's Agreement (Lake Point Estates West). Removed from Agenda. Reso. #169-93 - Approval of Final Plat, Subdivider's Agreement and Letter of Credit for Lakeview Highlands. Taube moved for adoption. developer has not complied with City regulations. Schneider stated Sanders seconded. Taube opposed due to many problems and the site is much improved. Carried 4-3 with Patterson, Sanders, Schneider, and Woodard voting "yes" and Dumke, Misko, and Taube voting "no. Reso. #170-93 - Approval of Amendment to Loan Fund Application Amount (Country Wetlands Nursery). Sanders moved for adoption. Misko seconded. Carried 7-0. Reso. #171-93 - Reappointment of Citizen Member to Future Parkland Standing Committee (Brian Konkel). Sanders moved for adoption. Woodard seconded. Carried 7-0. Reso. #172-93 - Appointment of Members to Capital Budget Committee. Removed from agenda. Reso. #173-93 - Resolution to Establish Fee for Return of Non-sufficient Fund Checks ($20). Sanders moved for adoption. Schneider seconded. Carried 7-0. Reso. #174-93 - Resolution to Establish Fee for Board of Appeals with Taube voting "no. 'I ($80). Misko moved for adoption. Woodard seconded. Carried 6-1 Reso. #176-93 - Approval of Certified Survey Map - Kiser (Town of Norway). Taube moved for adoption. Patterson seconded. Carried 6-1 with Schneider voting "no." Common Council Minutes July 13, 1993 Page 3 Norway). Taube moved for adoption. Dumke seconded. Carried 5-2 Reso. #177-93 - Approval of Certified Survey Map - Norton (Town of with Dumke and Schneider voting "no. 'I Norway). Taube moved for adoption. Dumke seconded. Carried 5-2 Reso. #178-93 - Approval of Certified Survey Map - Masters (Town of with Dumke and Schneider voting "no." Reso. #179-93 - Approval of Certified Survey Map - Briscoe (Town of Norway). Taube moved for adoption. Patterson seconded. Carried 5-2 with Dumke and Schneider voting "no." Norway). Taube moved for adoption. Dumke seconded. Carried 4-3 Reso. #180-93 - Approval of Certified Survey Map - K.R.R. (Town of with Patterson, Sanders, Taube, Woodard voting "yes" and Dumke, Misko, Schneider voting "no." Reso. #181-93 - Amendment to Deposit L Forfeiture Schedule. Misko moved for adoption. Sanders seconded. Carried 7-0. Ord. #805 - An Ordinance to Amend Chapter 14, Section 1.5 (2) of the Floodplain Zoning Ordinance to Adopt a Revised Official Floodplain Map (Raboine). First Reading. Ord. #E06 - An the Floodplain Floodplain Map Ordinance to Amend Chapter 14, Section 1.5 (2) of Zoning Ordinance to Adopt a Revised Official (Plum Creek East/Addn. #l). First Reading. Taube-expressed concerns. What assurance does City have that map was allowed to address the Council. He stated that DNR and his engineer prepared is correct. Mike Campbell of Ruekert L Mielke firm have reviewed and approved. The engineer and his stamp is relied on. Engineer is liable. Ord. #807 - An Ordinance to Amend Chapter 12, Section 12.01(5) of the Municipal Code of the City of Muskego (Investigation and Issuance of Alcohol Beverage Licenses). First Reading. Ord. #EO8 - An Ordinance to Amend Chapter 13, Sections 13.01 of the Municipal Code of the City of Muskego (Dogs). First Reading. Ord. #809 - An Ordinance to Amend Chapter 9 of the Municipal Code of the City of Muskego (Orderly Conduct). First Reading. LICENSE APPROVAL Patterson moved for approval of Operator's Licenses for Wendy, Gifford, Kay Parmelee, William Rohde, and Jerome Printz subject to receipt of favorable police reports. Dumke seconded, carried. Patterson moved for approval of "Class B" Beer & Liquor Licenses Kollenbroich, The Last Chance. Dumke seconded. Carried 7-0. for R.L.C., Inc., Gus Amann Agent (Unnamed) and Sharon Patterson moved for approval of Amendments to "Class B" Beer & Common Council Minutes July 13, 1993 Page 4 Liquor Licenses for Maqdalene Schaumberg d/b/a Choir Practice and seconded. Carried 7-0. R.L.C., Inc. d/b/a Amann's Beach, Mathew Amann Agent. Sanders Patterson moved to deny request for Outside Dance Permit and Amendments to "Class B" Beer E, Liquor License for Robert Phelps (Bayside Inn) due to complaints about noise in the past and concern proximity of the residential areas that use of outside premise would cause problems due to the Patterson moved for approval of payment of General Vouchers in the amount of $316,168.32. Dumke seconded. Carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $45,670.62. Woodard seconded. Carried 7-0. Patterson moved to adjourn at 11:35 P.M. Schneider seconded, carried. Minutes taken and transcribed by Jill Blenski. Respectfully submitted, KWwLe-" CMC ty Clerk GENERAL FUND: BOARD CEECKS (regular) VOIDED CIiERS END OF PIONTI! TOTALS : UTILITIES SEWER .. BOARD CHECKS (reguhr) VOIDED CEECKS b7ATEF: : BOARD CHECKS (regular) VOIDED CtiECKS COUNCIL MEETING DATE /3 3 & TOTAL UTILITY VOUCHERS :