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ccm19950808COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF MEETING HELD AUGUST 8, 1995 Angelis. Also present were Aldermen Misko, Patterson, The meeting was called to order at 7:41 P.M. by Mayor De 0 Attorney Molter, and Deputy Clerk Blenski. Alderman D'Acquisto Rasmussen, Salentine, Sanders, Suhr, City Clerk Marenda, City was absent. with the Open Meetings Law. The Clerk reported that the meeting was noticed in accordance meeting. Salentine seconded. Motion carried. Suhr moved for approval of minutes of the 7/25/95 Common Council Clerk read the Notice of Closed Session COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor qave a brief update on the status of the state budget biil. - PERSONAL APPEARANCES Mr. Jim Bachhuber of Rust qave a presentation of the Stormwater - Management Plan. Reso. #158-95 - Approval of Agreement to Pay for Municipal Patterson moved to amend to include agreement with revised Services. Sanders moved for adoption. Salentine seconded. amended, adopted 6-0. language. Salentine seconded. Carried 6-0. Reso. #158-95, as Ord. #012 - An Ordinance to Amend the Zoning Map of the City of National Regency of New Berlin, Inc.). Second Reading. Patterson moved for adoption. Sanders seconded. Sanders moved to amend to include new ordinance language as provided by City Attorney in his letter of 8/3/95 and insert dates. Rasmussen seconded. Carried 6-0. Ord. #872, as amended, adopted 6-0. Muskego from RS-3 to RSM/OPD/OIP (Woods Road and Racine Avenue - COMMITTEE REPORTS Sanders presented minutes of 8/2/95 and 8/8/95 Finance Committee Meetings' and moved for acceptance. Patterson seconded, carried. Suhr presented minutes of 7/31/95 Public Works Committee Meeting and moved for acceptance. Misko seconded, carried. Minutes of the 8/1/95 Plan Commission Meeting were received and placed on file. Reso. #117-95 - Award of Bid - Well No. 7 (Muskego County Park). On the floor, deferred 6/27/95, 7/11/95, 7/25/95. Suhr moved to defer. Salentine seconded, carried. Water Improvements and Levying of Special Assessments Against Reso. #146-95 - Final Resolution Authorizing Installation of Benefited Property (Racine Avenue and City Hall Watermain, Project MW-19-95, Assessment District "WO"). On the floor, service the City's municipal buildings with water and provide a loop in the system. However, some members again expressed concern about assessments and establishing a policy for deferred 7/11/95, 7/25/95. The Council recognized the need to Page 2 Common Council Minutes August 8, 1995 hardships and/or deferrals. Molter stated that a hardship policy can be pursued but it may be legally impossible to implement. There was discussion about alternatives. Molter stated that the City's present assessment policy is referred to in this resolution; it does not have a provision for deferrals. The policy was created to establish guidelines which should be followed for all projects until changed. Molter told the Council that properties are assessed for improvements; individual people are not. Reso. defeated 4-2 with Misko, Patterson, Rasmussen, and Suhr voting "no" and Salentine and Sanders voting "yes. 'I Watermain Project. On the floor, deferred 7/11/95, 1/25/95. Reso. #147-95 - Award of Bid - Racine Avenue and City Hall Discussion took place on completing the project and not assessing the properties involved. Some members expressed concern for the financial implications this would have on the utility and the precedent that would be set for future projects. Reso. #147-95 defeated 4 to 2 with Misko, Rasmussen, Sanders and Suhr voting "no" and Patterson and Salentine voting "yes." with the Office of Comptroller and Treasurer and Relating to the Charter Ord. #14 - A Charter Ordinance Relating to Dispensing Term of the Office of the Clerk and Assessor for the City of Muskego. Mayor stated that the Council needs to decide by a 3/4 vote of the members if there will be a special election. Suhr moved to take the issue to special election to be held October be on the ballot and how it would be worded. Motion defeated 3. Salentine seconded. Discussion took place as to what would determined that this item could be brought back to the 8/22 5-1 with Patterson casting the only "no" vote. It was Council meeting for reconsideration with there being time for the referendum language to be created for a special election which would be held on 10/3 if voted on by the Council at its next meeting. Reso. #159-95 - Relocation Order of the City of Muskego, Waukesha County, Wisconsin (Watercourse Improvement - Bellview Storm Sewer and Detention Pond). Misko moved for adoption. Salentine seconded. Carried 6-0. Reso. t160-95 - Petition for Rezoning (Boxhorn/Ryan/Groveway Area). Rasmussen moved for adoption. Salentine seconded. Misko requested deferral to have time to review the material supplied tonight. Matt Sadowski explained the information provided to the Council. Mayor clarified that this action is to allow petition for rezoning to go forward. The public hearing have to be amended. Carried 6-0. still has to take place. Comprehensive Plan would eventually Misko moved for adoption. Suhr seconded. Misko opposes because Reso. #161-95 - Approval of Certified Survey Map - Evans. of the 1% rule. The Board of Appeals granted a variance to the Mr. Sadowski stated that in granting the 1.7% variance, the 1% rule and cannot be used as a reason for denial. Board of Appeals required the removal of an existing shed and a proposed garage previously approved not be built. Carried 4-2 Page 3 Common Council Minutes August 8, 1995 with Patterson, Rasmussen, Sanders, and Suhr voting "yes" and Misko and Salentine voting "no." Reso. #162-95 - Approval of Certified Survey Map - Johnson, Town Carried 6-0. of Waterford. Misko moved for adoption. Salentine seconded. Reso. #163-95 - Amendments to 1995 Budget. Sanders moved for adoption. Salentine seconded. Carried 6-0. Reso. 8164-95 - Acceptance of Stormwater Management Plan. Suhr moved for adoption. Misko seconded. Carried 6-0. Reso. #165-95 - Authorize Expenditure of Park Dedication Funds. Sanders moved for adoption. Rasmussen seconded. Carried 6-0. Reso. #166-95 - Approval of Amendment to Contract of Sale. Sanders moved for adoption. Misko seconded. Carried 6-0. Reso. #167-95 - Appointment of Members to Capital Budget Committee. Salentine moved for adoption. Suhr seconded. Carried 6-0. LICENSE APPROVAL Sanders moved for approval of Operator's License for Camila Brazgel and Temporary Operators' Licenses for Norman Chaput, Joanne Chaput, and Carrie Williams. Misko seconded, carried. Community Festival (8/25 - 8/27), St. Leonard Congregation Sanders moved for approval of Gathering Permits for Muskego (9/29 - 9/30) and Muskego Corvette Club (8/26). Patterson seconded. Carried 6-0. Sanders moved for approval of "Class A" Liquor/Beer License Muskego Market Place (Sentry) and James Semrad, Agent. Salentine seconded. Carried 6-0. Sanders moved for approval of Outside Dance Permit and Amendment to Premise Description for Bonnie Acker (R & B's Stagecoach) for 8/19/95. Misko seconded. Carried 6-0. VOUCHER APPROVAL Sanders moved for amroval of General Vouchers in the amount of $353,305.50. Suhr seconded. Carried 6-0. Sanders moved for approval of Tax Vouchers in the amount of $3,000.99. Salentine seconded. Carried 6-0. Sanders moved for approval of Utility Vouchers in the amount of $381,741.92. Rasmussen seconded. Carried 6-0. CITY OFFICIALS' REPORTS The Committee of the Whole will meet on Auaust 21, 1995 at 7:OO P.M. Rasmussen is putting agenda topics together; COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Mayor gave an update on the sale of Parkland Mall. Common Council Minutes August 8, 1995 Page 4 Misko requested that items to be acted on at Tuesday's Council meeting be in the packets on Friday to allow sufficient time for review. Salentine moved to convene into Closed Session, pursuant to §19.85(l)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, more specifically acquisition of Industrial Park Property and pursuant to performance evaluation data of any public employe over which the $19.85(1)(c) Considering employment, promotion, compensation or more specifically 1996 labor negotiation strategies. Action may governmental body has jurisdiction or exercises responsibility, be taken in Closed Session. Rasmussen seconded. Carried 6-0. (The Clerk and Deputy Clerk were not present for Closed Session). Rasmussen moved to adjourn at 12:23 A.M. Salentine seconded, carried. Minutes taken and transcribed by Jill Blenski. Respectfully submitted, ty Clerk VOUCHER TOTALS 0 GENERAL FUND: BOARD CHECKS (reqular) VOIDED CHECKS .- END OF MONTH WIRE TRANSFER TOTALS : TAX CHECKS: UTILITIES: SEWER: BOARD CHECKS VOIDED CHECKS (regul END OF MONTH WIRE TRANSFER SINKING FUND WATER : BOARD CHECKS (regular) VOIDED CHECKS END OF MONTH WIRE TRANSFER 0 TOTAL UTILITY VOUCHERS: COUNCIL DATE 74/45/