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ccm19940913COMMON COUNCIL CITY OF MUSKEGO MINUTES OF MEETING HELD SEPTEMBER 13, 1994 The meeting was called to order at 7:37 P.M. by Mayor De Angelis. Also present were Aldermen Patterson, D'Acquisto, Misko, Sanders, Taube, Woodard, City Clerk Marenda, and City Attorney Molter. Alderman Dumke was absent. Clerk reported that the meeting was noticed in accordance with the Open Meeting Law. Patterson moved for approval of minutes of the Common Council Meeting held August 23, 1994. Misko seconded, carried. COMMITTEE REPORTS Sanders presented minutes of Finance Committee Meetings held 9/1/94 and 9/13/94 and moved for acceptance. Patterson seconded, carried. Patterson presented minutes of Public Welfare Committee Meeting held 9/8/94 and moved for acceptance. D'Acquisto seconded, carried. Woodward presented minutes of Public Safety Committee Meeting held 9/8/94 and moved for acceptance. Misko seconded, carried. D'Acquisto presented minutes of Public Works Committee Meeting held 8/25/94 and moved for acceptance. Misko seconded, carried. Minutes of Plan Commission Meeting held 9/6/94 were received and placed on file. Reso. #183-94 - Approval of Creation of Easement (as to Mercury Drive Vacation). Misko moved for adoption. Sanders seconded, Carried 6-0. Muskego to Discontinue and Vacate a Road Right-of-way (Mercury Reso. #146-94 - Proceedings by the Common Council of the City of Taube moved to amend to add "That vacation of the street does Drive) Introduced 6/28/94. On the floor, deferred 8/23/94. not vacate any of the easements on the same lands" at the end of the resolution and also to state that the annexed map has been revised. Sanders seconded, carried. Reso. #146-94, as amended, carried 6-0. Reso. #184-94 -Direct Legislation Petition Regarding Term Limits. Patterson moved for adoption. D'Acquisto seconded. Attorney Molter reviewed his opinion dated 9/2/94. He added that he felt the petitions and ordinance submitted are legally defective. The proposed resolution included three provisions: Establish Term Limits for the Offices of Mayor and Alderman, and 1) to adopt the attached document entitled "An Ordinance to Congress", 2) to refer it to the voters, or 3) not adopt the Urging Term Limits for State Legislators and Members of Ordinance nor refer it to a vote for reasons listed. He stated that he didn't believe anything in the law would prevent submitting it to referendum. D'Acquisto moved to amend to delete Sections 1 and 2 under "Now, Therefore, Be It Resolved" with Section 3 to remain. Misko seconded. Carried 5-1 with Woodard voting "no." Motion to adopt Reso. #184-94, as amended, carried 6-0. Common Council Minutes September 13, 1994 Page 2 Credit - MSI. Removed from agenda. Reso. #185-94 - Approval of Developer's Agreement and Letter of Reso. #186-94 - Resolution of Necessity (Water Reservoir). Sanders moved for adoption. D'Acquisto seconded. Carried 6-0. Reso. #187-94 - Resolution to Retain Special Counsel for Board of Review (Atty. Julie Gay). Misko moved for adoption. Sanders seconded. Carried 6-0. Reso. #188-94 - Approval of Certified Survey Map - Tojek, Town of Norway. Taube moved for adoption. D'Acquisto seconded. Carried 6-0. Reso. #189-94 - Approval of Certified Survey Map - Frei. Taube moved for adoption. D'Acquisto seconded. Carried 6-0. Reso. #190-94 - Approval of Certified Survey Map - Green Clover Ltd. Partnership. Taube moved for adoption. D'Acquisto seconded. Carried 6-0. Reso. #191-94 - Approval of Certified Survey Map - Schmidt. Removed from agenda. Reso. #192-94 - Award of Bid - Hillendale Booster Pump Water Main to Reservoir Site. Removed from agenda. Reso. #193-94 - Acceptance of Quote - Curb and Gutter Repair (Meadow Green West). Removed from agenda. Reso. #194-94 - Approval of Cleaning Service Contract for 1995 (Dan Plautz). Patterson moved for adoption. Misko seconded. Carried 6-0. Apartments. Sanders moved for adoption. Woodard seconded. Reso. #195-94 - Acceptance of Improvements (Water) Overlook Bay Carried 6-0. Reso. #196-94 - Designating Trick or Treat Hours (SUNDAY, OCTOBER 30th - 2:OO PM TO 4:OO PM). Taube moved to amend hours to 2:OO PM - 5:OO PM, Patterson seconded. Taube, with approval of second, withdrew motion. Taube moved to amend hours to 1:00 P.M. to 4:OO P.M. Patterson seconded. Motion defeated with D'Acqusito, Misko, Sanders and Woodard voting "no" and Taube voting "yes." Reso. #196-94 adopted 5-1 with Taube and Patterson casting the "no" vote. Hours to be 2:OO P.M. to 4:OO P.M. on Sunday, October. 30. Reso. #197-94 - Habitation of Trailer - Superior Services. Patterson moved for adoption. D'Acquisto seconded. Carried 6-0. Reso. #198-94 - Approval of Holding Tank Agreement - Superior Services. Patterson moved for adoption. D'Acquisto seconded. $1,000. Misko seconded, carried. Reso. #198-94, as amended, Patterson moved to amend to require a bond in the amount of carried 6-0. LICENSE APPROVAL Common Council Minutes September 13, 1994 Page 3 Patterson moved for approval of Operators' Licenses for Charlene Olszewski, Tera Eichman, Todd Eichman, Thomas Kennedy and Kent Kasch. Misko seconded, carried. Patterson moved for approval of "Class 6" Liquor & Beer License for Sandra Jeske (Tootmeister's, formerly Valley Tap). Sanders seconded. Carried 6-0. Patterson moved for approval of Temporary Class "B"/"Class B" Retailers License for St. Leonard Congregation for 9/23/94 and 9/24/94. Sanders seconded. Carried 6-0. VOUCHER APPROVAL Patterson moved for approval of General Vouchers in the amount of $849,513.80. Sanders seconded. Carried 6-0. Sanders moved for approval of Utility Vouchers in the amount of $61,360.74. Woodard seconded. Carried 6-0. There were no tax vouchers. Misko moved to adjourn at 8:50 P.M. Misko seconded, carried. Respectfully submitted, N K. MARENDA, CMC GENERAL FUND: VOIDED CHECKS BOARD CHECKS (regular) END OF MONTH WIRE TRANSFER TOTALS : I TAX CHECKS: UTILITIES: SEWER: BOARD CHECKS (regular) VOIDED CHECKS END OF MONTH WIRE TRANSFER SINKING FUND WATER: VOIDED CHECKS BOARD CHECKS (regular) END OF MONTH WIRE TRANSFER 1) TOTAL UTILITY VOUCHERS: VOUCHER TOTALS COUNCIL DATE