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ccm19950110COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF MEETING HELD JANUARY 10, 1995 Angelis. Also present were Aldermen Patterson, D'Acquisto, The meeting was called to order at 8:05 P.M. by Mayor De Dumke, Misko, Sanders, Taube and Woodard, City Clerk Marenda, City Attorney Molter and Deputy Clerk Blenski. Clerk reported that the meeting was noticed in accordance with the Open Meeting Law on Friday, January 6. Patterson moved for approval of minutes of the December 13, 1994 Common Council meeting. D'Acquisto seconded. Misko noted that he requested that the composting issue be sent back to the Public Welfare Committee for further review and not Rules, Laws. AS Chairman of the Public Welfare Committee, Patterson agreed. Motion carried. Reso. # 8-95 - Approval of Certified Survey Map - Hein. Taube moved for adoption. D'Acquisto seconded. Carried 7-0. Mayor requested that due to the attendance of applicant, the Operator's License for Kathy Rea be addressed. Patterson moved concern about the applicant's judgment due to past violations. for approval of license. Sanders seconded. Patterson expressed Finance Committee recommended approval of license with periodic Dept. dated 11/4/94, 12/15/94 and 12/19/94 regarding Ms. Rea's review. Patterson opposes. Correspondence from the Police arrest and conviction record was reviewed. City Attorney opinion dated 12/27/94 was also discussed. Patterson stated that applicant has not demonstrated responsibility regarding liquor. Her record has established a pattern of not having control. Some of the convictions are recent. Mayor stated that the conviction dates do not represent the date of the arrest. Mayor stated Ms. Rea should be allowed to address the Council in her behalf. There was no objection. Kathy Rea stated she is continue to work at the establishment that she has a financial attempting to rehabilitate and needs the Operator's License to that occurred in 1992. Sanders stated he was in favor of interest in. Her 1994 conviction was actually for an incident granting her the license subject to a 3, 6, 9 month review. Mayor reviewed the procedure for revocation or suspension of an Operator's License. Sanders believes that if her license was at stake that Ms. Rea would act with responsibility. Patterson moved to amend his motion to approve adding that it would be subject to a 3, 6, 9 and 12 month review. Sanders agreed. Upon a roll call vote, motion was defeated 3 to 4 with Dumke, Sanders and Woodard voting yes and Patterson, D'Acquisto, Misko and Taube voting no for the following reasons: (Patterson) from looking at the record, it appeared that she is not able to make responsible decisions, (D'Acquisto) err on side of caution in interest of public safety, (Misko) past history, concerns about pattern with use of alcohol, err on conservative side. her judgment and concern about safety, (Taube) pronounced Approve the Concept of RS-2/0PD Zoning (Eiche/Premiere Reso. # 9-95 - Resolution Indicating City's Present Intent to Carried 7-0. Development). Taube moved for adoption. Misko seconded. I Common Council Minutes January 10, 1995 Page 2 Reso. # 2-95 - Approval of Certified Survey Map - Kopac. Taube moved for adoption. Dumke seconded. Carried 7-0. COMMITTEE REPORTS Sanders presented minutes of Finance Committee Meetings held 1/4/95 and 1/10/95 and moved for acceptance. Patterson seconded, carried. D'Acquisto presented minutes of Public Utilities Committee Meeting held 12/15/94 and moved for acceptance. Sanders seconded, carried. Woodard presented minutes of Public Safety Committee Meeting held 1/5/95 and moved for acceptance. Misko seconded, carried. Minutes of the Plan Commission Meetings held 12/20/94 and Recreation Board Meeting held 12/12/94 were received and placed 1/3/95, Library Board Meeting held 12/6/94 and Parks & on file. Ord. #856 - An Ordinance to Amend Chapter 17 to Create Section 5.09 and Amend Section 6.04(4)G of the City of Muskego Zoning Ordinance (To Allow Certain Types of Manufactured Housing). Deferred 11/22/94 and 12/13/94. D'Acquisto stated this type of moved to defer for further review by City Attorney. Taube housing needs to comply with Municipal Building Code. Sanders seconded, carried. Ord. #857 - An Ordinance to Amend the Zoning Map of the City of Muskego from RS-1 to RS-1/OIP (Water Reservoir Site/Hillendale Drive). Second Reading. Sanders moved for adoption. D'Acquisto seconded. Carried 7-0. Reso. # 1-95 - Disallowance of Claim on Excessive Assessment by Mary Thomas Pursuant to Section 14.37, Wisconsin Statutes. Patterson moved for adoption. Dumke seconded. Carried 6-1 with D' Acquisto voting "no. " Reso. # 3-95 - Approval of Certified Survey Map - Lewins (Town of Waterford). Taube moved for adoption. D'Acquisto seconded. Carried 7-0. Patterson moved for adoption. Misko seconded. Carried 7-0. Reso. # 4-95 - Establishing Salaries for Elected Officials. Reso. # 5-95 - Approval of Agreement with Waukesha County Department of Aging for Nutrition Program. Taube moved for adoption. Sanders seconded. Carried 7-0. Reso. # 6-95 - Resolution to Establish Fees (Building Permits, Zoning Permits, Knox Boxes). Dumke moved for adoption. D'Acquisto seconded. D'Acquisto moved to amend to establish a zero fee for the zoning permit for swing sets and play structures. Misko seconded. Carried 7-0. Reso. #6-95, as amended, carried 7-0. I - Common Council Minutes January 10, 1995 Page 3 Waukesha County. Sanders moved for adoption. Woodard Reso. # 7-95 - Approval of Agreement with Mediation Center of seconded. Clerk asked where the $500 fee would be disbursed agreement not be signed until funding is established. Motion died for lack of second. Misko moved to amend the resolution to use contingency funds. D'Acquisto seconded, carried. Reso. #7-95, as amended, carried 7-0. Ord. #858- An Ordinance to Amend Chapter 32 to Create Section 32.01(l)(d) of the Municipal Code of the City of Muskego (Fire Prevention Code/Review Fees) First Reading. Gulland, Thomas La Barbera, Nancy Vanderhei, and Monte Patterson moved for approval of Operators' Licenses for Robert Whiteaker. Dumke seconded, carried. Patterson moved for approval of Temporary Class "B"/"Class B" License for St. Leonard Congregation for 2/25/95 and 10/14/95. Sanders seconded, carried 7-0. Patterson moved for approval of Refuse Licenses for Lake Environmental and JMS Trucking, Inc. Taube seconded, carried. Patterson moved for approval of General Vouchers in the amount of $556,750.81. Sanders seconded. Carried 7-0. Patterson moved for approval of Tax Checks in the amount of $227,750.81. Sanders seconded. Carried 7-0. Sanders moved for approval of Utility Vouchers in the amount of $36,716.42. Woodard seconded. Carried 7-0. 0 from as this is not in the 1995 budget. Taube moved that I , c, CITY OFFICIALS' REPORTS Clerk reported that Mr. John Richards of Senator Lynn Adelman's office has requested an opportunity for he or Senator Adelman to address the Council. This item will be on the 1/24/95 agenda. D'Acquisto moved to adjourn at 10:17 P.M. Misko seconded, carried. (Minutes taken and transcribed by Jill Blenski.) Respectfully submitted, VOUCHER TOTALS COUNCIL DATE /-//-73- GENERAL FUND: a VOIDED CHECKS BOARD CHECKS (regular) 0 UTILITIES: SEWER: BOARD CHECKS (regular) VOIDED CHECKS END OF MONTH END OF YEAR ( 94 ) WIRE TRANSFER SINKING FUND WATER : BOARD CHECKS freaularl VOIDED CHECKS .- END OF MONTH END OF YEAR END OF YEAR ( 94) WIRE TRANSFER TOTAL UTILITY VOUCHERS: (94 ) TOTAL UTILITY VOUCHERS: (q<) 0 "-- TOTAL UTILITY VOUCHERS: ( $/+93-j /