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ccm19950509COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF MEETING HELD MAY 9, 1995 The meeting was called to order at 7:31 P.M. by Mayor De Angelis. Also present were Aldermen D'Acquisto, Misko, Patterson, Rasmussen, Salentine, Sanders, and Suhr, City Clerk Marenda, City Attorney Molter, and Deputy Clerk Blenski. Clerk reported that the meeting was noticed in accordance with the Open Meeting Law. D'Acquisto moved for approval of minutes of the 4/25/95 and D'Acquisto requested the following corrections be made to the 4/24/95 Common Council meetings. Rasmussen seconded. Vouchers. D'Acquisto seconded. D'Acquisto moved for approval 4/25/95 minutes: Sanders moved for approval of Utility of Tax Vouchers. Sanders seconded. Motion carried. Clerk read the Notice of Closed Session COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor presented a Certificate of Appreciation to Gerald Fohr for his service on the Board of Appeals, and James Haag, for his service on the Police and Fire Commission. Mayor further stated that Certificates of Appreciation would also be presented t.o Ruth Leichtfuss for her many years of service on the Library The Mayor thanked these individuals for their dedikation to the Board and Merton Bowyer for his service on the Board of Review. City. Mayor read Proclamation declaring May 19 and 20, 1995 as American Legion Poppy Days. D'Acquisto moved to convene into Closed Session pursuant to S19.85(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 Claim and Claim from Thomas J. and Helen M. Ludwig. Action may is or is likely to become involved, more specifically Notice of be taken in Closed Session. Salentine seconded. Carried 7-0. (The Clerk and Deputy Clerk were not present for Closed Session). The Council reconvened into Open Session for continuation of agenda items. Reso. # 98-95 - Approval of Certified Survey Map, Subdivider's Agreement and Letter of Credit - Agenten. Patterson moved for adoption. D'Acquisto seconded. Misko moved to amend Subdivider's Agreement as follows: Paragraph B. 3. "(See Section XII. F)" to read "(See Section XII. D) ," Paragraph B. 4. "(See Section XII. 0)" to read "(See Section XII. C)," and defects as determined by the City Engineer, and clean all sewer Paragraph C. 4. to read, "The Subdivider shall repair any lines prior to the issuance of building permits, except for model homes and acceptance of improvements by the City (See Section XII. A)." Rasmussen seconded, carried. D'Acquisto moved to further amend to add: "BE IT FURTHER RESOLVED that the Letter of Credit must be amended to include an expiration date of not less than one year, plus 90 days after the date the Reso. #98-95, as amended, carried 7-0. improvements are to be installed." Sanders seconded, carried. Common Council Minutes May 9, 1995 Page 2 Misko moved for adoption. D'Acquisto seconded. Carried 7-0. Reso. # 99-95 - Approval of Certified Survey Map - Agenten. D'Acquisto presented minutes of the 5/3/95 and 5/9/95 Finance Committee Meetings and moved for acceptance. Patterson moved for individual consideration of paragraph 4, page 2 regarding and requested item be sent back to the committee for further the exploration of alternatives for various elected positions, review prior to expenditure of staff time. Misko seconded. Discussion ensued. Motion defeated 4-3 with Misko, Patterson and Suhr voting yes and D'Acquisto, Rasmussen, Salentine, and Sanders voting no. Sanders seconded motion to approve minutes, carried. Suhr presented minutes of the 4/27/95 Public Works Committee Meeting and moved for acceptance. Misko seconded, carried. Salentine presented minutes of the 5/4/95 Public Utilities Committee Meeting and moved for acceptance. Sanders seconded, carried. The Minutes of the 5/2/95 Plan Commission Meeting were received and placed on file. OLD BUSINESS Ord. #851 - An Ordinance to Amend the Zoning Map of the City of adoption, Suhr seconded. Carried 7-0. Reso. #178-94 - Approval of Certified Survey Map - Moody. On the floor, deferred 8/23/94. Carried 7-0. Ord. #867 - Ordinance to Repeal Section 12.06 of the Municipal Code of the City of Muskego (Auction Permits). Second Reading. D'Acquisto moved for adoption. Misko seconded. Carried 7-0. NEW BUSINESS Reso. # 96-95 - Offer to Purchase - Muskego Industrial Park (Twin Oaks Development). D'Acquisto moved for adoption. Suhr buyer initialing the change in the Offer at Line 80 to circle seconded. Misko moved to amend to add, "contingent upon the the word, part, and at Line 82 to circle the word, none." D'Acquisto seconded, carried. D'Acquisto requested that accurate documentation be submitted to the Council for approval. It was stated that the above changes were contained in the Offer that the Finance Committee had. Misko moved to amend the acceptance date to May 15, 1995. Sanders seconded, carried. Carried 7-0. Reso. # 97-95 - Award of Bid - Little Muskego Lake Dam adoption. D'Acquisto seconded. Carried 7-0. Muskego (A to RS-2 Moody). Deferred 8/23/94. Misko moved for a Embankment and Landscaping Improvements. Suhr moved for Common Council Minutes May 9, 1995 Page 3 Official Newspaper of the City of Muskego. Sanders moved for Reso. #loo-95 - Acceptance of Community Newspapers, Inc. as the adoption. Rasmussen seconded. D'Acquisto requested to abstain Carried 6-0, with D'Acquisto abstaining, Reso. #101-95 - Resolution to Amend Offers to Purchase Rasmussen seconded. Carried 7-0. (Kramer/Country Club Villages). Sanders moved for adoption. Reso. #102-95 - Appointment of Citizen Members to Parks .S Recreation Board. Item was removed at Mayor's request. Mayor requested that Rules, Laws & Ordinance Committee review and propose an ordinance to allow for terms of less than 5 years to address present situation. Reso. #103-95 - Resolution Adopting an Amended Assessment Policy for Construction of Water Mains. Sanders moved for adoption. Salentine seconded. Carried 7-0. Reso. #104-95 - Resolution Adopting an Amended Assessment Policy adoption. Rasmussen seconded. Carried 7-0. for Construction of Sanitary Sewers. Sanders moved for LICENSE APPROVAL D'Acquisto moved for approval of Operators' Licenses for Sallie Kerchefski, Barbara Huckstorf, and Michael Sayre. Patterson seconded, carried. due to conflict of interest, There was no objection. D'Acquisto moved for approval of Outside Dance Permit for Loreen Klauser (Hunter's Nest) for 6/11/95 and 8/13/95. Sanders seconded. Carried 7-0. D'Acquisto moved for denial of "Class B" Liquor/Beer License denial were stated: Applicant stated to the Finance Committee for DKD Enterprises. Suhr seconded. The following reasons for that his proposal would be an expansion to the type of business problems at this establishment which have initiated calls to the that is already there. It was noted that there have been Police Department and Aldermen. Suhr stated he has received calls from constituents regarding noise. The Council expressed concern that the applicant's proposed expansion would only create more problems. It was noted that reasons to recommend denial were also contained in the 5/3/95 Finance Committee minutes. D'Acquisto stated that the Finance Committee informed the applicant that the City would be receptive to receipt of an application in the future if the problems that presently exist would be rectified. Motion to deny carried 7-0. VOUCHER APPROVAL D'Acquisto moved for approval of General Vouchers in the amount of $318,953.42.. Patterson seconded. Carried 7-0. D'Acquisto moved for approval of Tax Vouchers in the amount of Sanders moved for approval of Utility Vouchers in the amount of $62,162.88. D'Acquisto seconded. Carried 7-0. 0 $811.48. Sanders seconded. Carried 7-0. Common Council Minutes May 9, 1995 Page 4 Misko moved to adjourn at 10:19 P.M. Suhr seconded, carried. Minutes taken and transcribed by Jill Blenski. Respectfully submitted, N K. MARENDA, CMC VOUCHER TOTALS GENERAL FUND: BOARD CHECKS (reqular) VOIDED CHECKS .- END OF MONTH WIRE TRANSFER TOTALS : TAX CHECKS : UTILITIES: SEWER: BOARD CHECKS (regular) VOIDED CHECKS END OF MONTH WIRE TRANSFER SINKING FUND WATER: VOIDED CHECKS BOARD CHECKS (regular) COUNCIL DATE &- 5 END OF MONTH WIRE TRANSFER TOTAL UTILITY VOUCHERS: