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ccm19930810CITY OF MUSKEGO COMMON COUNCIL MINUTES OF MEETING HELD AUGUST 10, 1993 Also present were Aldermen Patterson, Dumke, Misko, Sanders, The meeting was called to order at 8:39 P.M. by Mayor De Angelis. Molter, Attorney Guis, and Deputy Clerk Blenski. Schneider, Taube, and Woodard, City Clerk Marenda, City Attorney meeting held July 27, 1993. Schneider seconded, carried. Dumke moved for approval of the minutes of the Common Council OLD BUSINESS Ord. #809 - An Ordinance to Amend Chapter 9 of the Municipal Code of the City of Muskego (Orderly Conduct). On the floor, deferred 1/21/93. Patterson moved to amend to add Section 9.25 to "Section 2" and delete "Section 3." Taube seconded, carried. Ordinance #809, as amended, carried 7-0. Addition #1 and Plum Creek East. On the floor, deferred 4/21/93. Reso. #71-93 - Resolution as to Revised Preliminary Plat-Plum Creek approval is subject to Lots 27, 28, 29, 30, 36, 38, 101, 102, and a Schneider moved to amend to add, "BE IT FURTHER RESOLVED that this portion of the private park being removed from the floodplain by petitioning to amend Chapter 14 of the Municipal Code of the City of Muskego, Floodplain Zoning Ordinance by amending the Official Floodway and Flood Boundary Map prior to a Final Plat being submitted and approved. BE IT FURTHER RESOLVED that Lot-37 be eliminated from the Final Plat." Sanders seconded. Carried 4-3 with Patterson, Sanders, Schneider, and Woodard voting "yes" and Dumke, Misko, and Taube voting "no." Patterson asked if the City's concern about the accuracy of the data used for the HEC I1 study could be considered grounds for denial? Attorney Guis stated his response was being given without in-depth study, but he would say yes. Mayor stated that at the last meeting, the Council adopted an Ordinance to amend the Floodplain Map as it relates to Plum Creek East and Addn. #l. If denied, wouldn't this show his opposition due to the floodplain. Reso. #71-93, as amended, inconsistency? Attorney Guis responded it could. Dumke stated carried 4-3 with Patterson, Sanders, Schneider, and Woodard voting "yes" and Dumke, Misko, and Taube voting "no." Attorney Guis was excused from the meeting following Reso. #71-93 being acted upon. NEW BUSINESS Mayor De Angelis relinquished chair to Council President Patterson. Reso. #192-93 - Approval of Final Plat, Letter of Credit & Subdivider's Agreement-Lutsch Estates. Sanders moved for adoption. Woodard seconded. Misko moved to amend to change "Mayor" in the last paragraph to "Common Council President." Taube seconded, carried. Taube does not want to see the project started too late Common Council Minutes August 10, 1993 Page 2 before winter. Mr. Potrykus was allowed to address the Council. in the year so that adequate vegetation cannot be established The developer has taken adequate soil erosion^ control measures. City ordinances. Sept. 1 is target date to begin. Seeding should Sod will be used in certain areas. The developer will adhere to take place in mid-September. Reso. #192-93, as amended, carried 7-0. Mayor De Angelis resumed the Chair. Reso. #193-93 - Approval of Lease Agreement between the City of Muskego and Waste Management for Police Department Shooting Range. Taube moved for adoption. Schneider seconded. Carried 7-0. Reso. #194-93 - Approval of Certified Survey Map-Ludwig/Strampe. Taube moved for adoption. Sanders seconded. Carried 7-0. Reso. #195-93 - Waiver of Special Assessment Notice and Hearing and Final Special Assessment Resolution Authorizing Installation of Benefited Properties (Ludwig/Strampe-Mystic Dr.). Patterson moved Sewer Improvements and Levying Special Assessments Against for adoption. Sanders seconded. Carried 7-0. Reso. #196-93 - Approval of Certified Survey Map-Ingold. Taube moved for adoption. Schneider seconded. Carried 7-0. Reso. #197-93 - Approval of Certified Survey Map-De Back, Town of with Schneider casting the only "no" vote. Norway. Taube moved for adoption. Dumke seconded. Carried 6-1 Reso. #198-93 - Approval of Revised Preliminary Plat-Le May's Long Lake, Town of Norway. Taube moved for adoption. Dumke seconded. Carried 6-1 with Schneider casting the only "no" vote. Reso. #199-93 - Approval of Certified Survey Map-Metropolitan Engineering. Taube moved for adoption. Woodard seconded. Mr. Potrykus explained the size of the lot. Carried 7-0. Reso. #ZOO-93 - Award of Bid-Idle Isle Handicap Fishing Pier. the Resolution to add "that there would be no contract if it were Sanders moved for adoption. Dumke seconded. Taube moved to amend determined that the contractor intended to substitute materials for the project as per the City specifications." Patterson votes. Reso. #ZOO-93 carried 6-1 with Patterson casting the only seconded, failed 5-2 with Patterson and Taube casting the two "yes" ,qno ,I Reso. #201-93 - Renewal of Extractive Permit and Portable Asphalt Plant for Payne & Dolan. Taube moved for adoption. Schneider seconded. Carried 7-0. Reso. #202-93 - Amendment to Deposit & Forfeiture Schedule. Taube moved for adoption. Misko seconded. Patterson moved to amend as follows: "9.943.20 Criminal Theft and 9.943.34 Receiving Stolen a graduated schedule based on value: under $25 - $100, Property (See Retail Theft 9.943.50); 9.943.50 Retail Theft to have vote. Common Council Minutes August 10, 1993 Page 3 $25-$50 - $150, $50-$100 - $200, greater than $100 - $300, 2nd or subsequent violation - $300. Taube seconded, carried. Reso. #202-93, as amended, carried 7-0. Ord. #810 - An Ordinance to Amend the Zoning Map of the City of Muskego (RSM to B-4 Kurer/Bushberger and RSA to B-4 Fethiere). First Reading. Sanders stated that the number of units (18) allowed in the RSM portion of the property, as outlined by Plan Commission, be a condition of the rezoning. LICENSE APPROVAL Patterson moved for approval of Operator's License for Betty Gonyer and David Burgeson subject to favorable police report with the license approval for Mr. Burgeson subject to other conditions outlined by the Finance Committee. Misko seconded, carried 7-0. Patterson moved for approval of Class "B" Beer License for George Jifas d/b/a Parthenon, Gyros h More. Sanders seconded, carried 7-0. Patterson moved for approval of amendment to "Class B" Beer h Liquor License for Ted's Country Squire, Inc. for 9/12/93, Ted Witkowiak, Agent. Misko seconded, carried 7-0. VOUCHER APPROVAL Patterson moved for approval of payment of General Vouchers in the amount of $237,776.62. Sanders seconded. Carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $6,314.53. Misko seconded. Carried 7-0. Attorney Molter was dismissed at 1O:OO P.M. COMMITTEE REPORTS Schneider presented minutes of Public Works Committee Meeting held 7/29/93 and moved for acceptance. Misko seconded, carried. Sanders presented minutes of Finance Committee Meetings held 8/4/93 and 8/10/93 and moved for acceptance. Patterson seconded, carried. Woodard presented minutes of Rules, Laws & Ordinance Committee Meeting held 8/5/93 and moved for acceptance. Misko seconded, carried. placed on file. Plan Commission minutes of meeting held 8/3/93 were received and CITY OFFICIALS' REPORTS Clerk reported a petition from Kenneth Purdy has been received to rezone property from EA to A. A Public Hearing is scheduled for September 14 at 7:25 P.M. Common Council Minutes August 10, 1993 Page 4 Mayor received memo from Waste Facilities Monitoring Committee regarding a meeting to be held August 12 at 7:OO P.M. in Franklin to discuss well monitoring. Misko moved to adjourn at 10:22 P.M. Schneider seconded, carried. Minutes taken and transcribed by Jill Blenski. Respectfully submitted, an K. Marenda, CMC GENERAL FUND I BOARD CEECKS (regular) VOIDED CIiEKS CK. # AMOUNT TOTALS : UTILITIES SEWER 1 BOARD CHECK WATEF:, BOARD CHECKS (regular) VOIDED CEECKS TOTAL UTILITY VOUCHERS :