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ccm19930727CITY OF MUSKEGO COMMON COUNCIL MINUTES OF MEETING HELD JULY 27, 1993 Also present were Aldermen Patterson, Dumke, Misko, Sanders, The meeting was called to order at 7:40 P.M. by Mayor De Angelis. Blenski. Schneider, Taube, and Woodard, City Clerk Marenda, and Deputy Clerk meeting held July 13, 1993. Schneider seconded, carried. Patterson moved for approval of the minutes of the Common Council COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor read Proclamation for National Night Out to be held Tuesday, August 3, 1993 from 7:OO to 1O:OO P.M. Patterson moved to convene into Closed Session pursuant to §19.85(l)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or 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. Schneider seconded, carried 7-0. The Common Council reconvened into Open Session. OLD BUSINESS Ord. #E05 - An Ordinance to Amend Chapter 14, Section 1.5 (2) of Floodplain Map (Raboine) Second Reading. Patterson moved for the Floodplain Zoning Ordinance to Adopt a Revised Official adoption. Sanders seconded. Carried 4-3 with Patterson, Sanders, Schneider, and Woodard voting "yes" and Dumke, Misko, and Taube voting "no. Ord. #E06 - An Ordinance to Amend Chapter 14, Section 1.5 (2) of the Floodplain Zoning Ordinance to Adopt a Revised Official Floodplain Map (Plum Creek East/Addn. #1) Second Reading. Sanders moved for adoption. Woodard seconded. Carried 4-3 with Patterson, Sanders, Schneider, and Woodard voting "yes" and Dumke, Misko, and Taube voting "no. 'I Ord. #E07 - An Ordinance to Amehd Chapter 12, Section 12.01(5) of the Municipal Code of the City of Muskego (Investigation and Issuance of Alcohol Beverage Licenses) Second Reading. Taube moved for adoption. Sanders seconded. Carried 7-0. Ord. #EO8 - An Ordinance to Amend Chapter 13, Sections 13.01 of Taube moved for adoption. Misko seconded. Carried 7-0. the Municipal Code of the City of Muskego (Dogs) Second Reading. Ord. #EO9 - An Ordinance to Amend Chapter 9 of the Municipal Code of the City of Muskego (Orderly Conduct) Second Reading. Taube moved for adoption. Misko seconded. Taube moved to defer. An amendment to the Deposit & Forfeiture Schedule to address the changes made to Chapter 9 will be discussed at the next Rules, Laws & Ordinance Committee. Misko seconded. Carried 7-0. i I Common Council Minutes July 27, 1993 Page 2 Reso. #71-93 - Resolution as to Revised Preliminary Plat (Plum Creek Addition #1 and Plum Creek East. Deferred 4/27/93. Removed from agenda at request of Petitioner. NEW BUSINESS Reso. #182-93 - Resolution to Retain Special Counsel to Represent Development and Carity Land Development. Taube moved for adoption. the City of Muskego in Regards to Matters Involving Terra Patterson seconded. Attorney Guis of Frebert, Finnerty E, St. John addressed the Council regarding the legal representation his firm would provide to the City. Carried 7-0. Reso. #183-93 - Renewal of Extractive Permit-Glockner. Taube moved for adoption. Dumke seconded. Taube moved to amend the permit period from “a one-year period” to “a period through the Reso. #183-93, as amended, adopted 7-0. first Council meeting in March of 1994. Misko seconded, carried. Reso. #184-93 - Approval of Certified Survey Map - Treba. Taube moved for adoption. Dumke seconded. Carried 7-0. Taube moved for adoption. Sanders seconded. Carried 7-0. Reso. #185-93 - Re-Approval of Certified Survey Map - Hartman. Reso. #186-93 - Approval of Legal Lot Status - Hansen. Taube moved for adoption. Schneider seconded. Misko moved to amend to add that the existing drainage easement to the south of the present property line (on Tax Key No. 2176.165) be upgraded as a condition of the approval. Patterson seconded. Mr. Hansen was given permission to speak on the drainage problem addressed by Misko. Mr. Hansen has no objections to rectifying the problem. With permission of his second, Misko amended his motion to state that the existing drainage easement to the south of the present property line (on Tax Key No. 2176.165) should be relocated to just north of what will be the new lot line. This should be done under direction and supervision of the Public Works Superintendent. Carried 7-0. Reso. #186-93, as amended, carried 7-0. Reso. #187-93 - Appointment of Members to Capital Budget Committee. Taube moved for adoption. Sanders seconded. Carried 7-0. Reso. #188-93 - Amendment to Deposit & Forfeiture Schedule. Misko moved for adoption. Woodard seconded. Carried 7-0. Reso. #189-93 - Acceptance of Improvements - Ferguson. Sanders moved for adoption. Woodard seconded. Carried 7-0. Reso. #190-93 - Authorizing Execution of Professional Services moved for adoption. Schneider seconded. Misko moved to amend to Agreement between Northern Environmental Technologies, Inc. and add, “BE IT FURTHER RESOLVED that Paragraph 12 needs to be revised to add language requiring Northern Environmental Technologies, Inc. to accept liability for work done if subcontracted.“ Taube with Patterson abstaining. seconded. Carried 7-0. Reso. #190-93, as amended, carried 6-0 b Common Council Minutes July 27, 1993 Page 3 Reso. #191-93 - Approval of Group Annuity Amendment No. I (Lincoln National Money Purchase Pension Trust). Dumke moved for adoption. Sanders seconded. Carried 7-0. COMMITTEE REPORTS Sanders presented minutes of Finance Committee Meetings held 7/21/93 and 7/27/93 and moved for acceptance. Dumke seconded, carried. It was noted that parking availability was also discussed regarding the Freedom Square Tennis Courts. Dumke presented minutes of Public Welfare Committee Meeting held 7/14/93 and moved for acceptance. Patterson seconded, carried. Woodard presented minutes of Public Safety Committee Meeting held 7/15/93 and moved for acceptance. Misko seconded, carried. Woodard presented minutes of Public Utilities Committee Meeting held 7/22/93 and moved for acceptance. Sanders seconded, carried. BRC requested to appear with Joe Sommers at 8/10/93 Finance Committee Meeting regarding software interface of Utility Billing receipts to General Ledger. REC allocations report to be added to each Utility Committee minutes whether any changes or not. Plan Commission of meeting held 7/20/93 were received and placed on file. LICENSE APPROVAL Patterson moved for approval of Operator's Licenses for Carrie Ann Severson, Cindy Beres, Jane Ann Feller, Lisa Ann Drinkwine and Todd Berka subject to receipt of favorable police reports. Dumke seconded, carried. Patterson moved for approval of Temporary Class "B" to Sell Beer and Temporary "Class B" to Sell Wine for St. Paul's Lutheran Church-8/1/93. Taube seconded. Carried 7-0. Patterson moved for approval of Salvage and Recycling Permit for John Glockner. Dumke seconded, carried. VOUCHER APPROVAL amount of $307,057.56. Dumke seconded. Carried 7-0. Patterson moved for approval of payment of General Vouchers in the amount of $266,341.73. Woodard seconded. Carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the CITY OFFICIALS' REPORTS Clerk reported a petition from Lynn Kurer, Wayne Bushberger and Jean Fethiere has been received to rezone property from RSM and RSA to 8-4. A Public Hearing is scheduled for August 10, 1993 at 7:25 P.M. Clerk was directed to contact Congressman Kleczka's office to set up a possible meeting date for Mr. Kleczka to meet with the Council. An evening during the week is preferable. Common Council Minutes July 27, 1993 Page 4 COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Mayor invited all the Aldermen to the Public Works meeting to be held July 29 to discuss a new policy for administration of wetlands ' 0 and floodplains. I Misko moved to adjourn at 11:46 P.M. Taube seconded, carried. Minutes taken and transcribed by Jill Blenski. Respectfully submitted, K. Marenda, CMC ty Clerk jmb