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ccm19960213COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF THE MEETING HELD FEBRUARY 13, 1996 The meeting was called to order at 8:15 P.M. by Mayor De Angelis. Also present were Aldermen D'Acquisto, Misko, Patterson, Rasmussen, Salentine, Sanders, Suhr, City Clerk Marenda, City Attorney Molter, and Deputy Clerk Blenski. The Clerk reported that the meeting was noticed in accordance with the Open Meetings Law on 2/9, and amended and noticed on 2/12. D'Acquisto moved for approval of minutes of the 1/23/96, 1/25/96, 1/29/96, and 2/7/96 Common Council meetings. Sanders seconded, carried. The Clerk read the Notice of Closed Session. Meeks. D'Acquisto moved for adoption. Patterson seconded. Reso. #40-96 - Recognition of 25 Years of Service - Billy J. Carried 7-0. Sgt. Meeks was presented with the Resolution. COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor stated he is serving on a committee working with the DNR to rewrite the wetland regulation statute. Mayor reported that he will appear in Madison to speak in opposition at an assembly hearing regarding the charter township bill. Mayor stated the Muskego portion of the Hwy. 36 project has been deferred until such time as funds are available. PERSONAL APPEARANCES Presentation of TIF Reports will be rescheduled. Reso. #38-96 - Resolution Authorizing the Redemption of Sewerage System Mortgage Revenue Bonds, Series 1973, Dated August 1, 1973 with personal appearance by Dave Anderson of Ehlers h Associates Sanders moved for adoption. Rasmussen seconded. Carried 7-0. Mr. Anderson congratulated the City on its bond rating upgrade by Moodys from A to A1 for general obligation debt and from no rating to A for sewer revenue bonds and presented highlights of the City's sound financial status. Reso. #42-96 - Amended and Revised Final Assessment Resolution Authorizing Installation of Sanitary Sewer Improvements and Levying of Special Assessments Against Benefited Property (Boxhorn/Groveway/Ryan Sewer Project MSS-1-93). Rasmussen moved for adoption. Sanders seconded. Sanders moved to amend the assessment roll as follows: Tax Key No. 2252-981 (Ferrito) previously assessed as one parcel to be assessed as three separate parcels in anticipation of land division and Tax Key No. 2255.994(002) (Rivera-Melendez) remove 6" lateral. Rasmussen seconded. Carried 7-0. Reso. #42-96, as amended, adopted 7-0. Reso. #50-96 - Approval of Certified Survey Map - Ferrito. Misko moved for adoption. Rasmussen seconded. Carried 7-0. Reso. #53-96 - Approval of Certified Survey Map - Rivera-Melendez. Misko moved for adoption. Rasmussen seconded. Carried 7-0. Common Council Minutes February 13, 1996 Page 2 Misko moved for adoption. Rasmussen seconded. Carried 7-0. Reso. #51-96 - Approval of Certified Survey Map - Green. Reso. #52-96 - Approval of Certified Survey Map - SDaracino. Misko moved for adoption. D'Acquisto seconded. Carried 7-0. Miscellaneous Business as Authorized by Law noting that the D'Acquisto requested that the Council go to Communications and Council would not be going into closed session following that item. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW The following dredging projects were discussed: Kingston Bay, Hillview, and Wentland. D'Acquisto stated that the Kingston Bay project is 70-75% completed. He requested the contractor for the projects, Mr. Roger Krause, be allowed to speak to address concerns about the projects. There were no objections. Mr. Krause stated that weather conditions have not allowed them to work many daytime hours. D'Acquisto was disturbed that Mr. Krause had indicated at several previous meetings that the Hillview and Wentland projects would require daytime only hours. This has not been the case. The contractor stated that working during the day on the Hillview and Wentland projects has caused tracking and unloading problems at the dredging and dump sites. Mr. Krause stated the weather is the main factor. He would truck during the daylight hours if he could. Mayor noted that as of Sunday (2/11) he granted permission to the Hillview and Wentland projects to work until midnight after consulting with Alderman D'Acquisto. To date, no complaints have been received. Mr. Krause stated that Kingston is four 12-hour days/nights from being completed for the dredging. There are 40 hours each needed for the Hillview and Wentland sites. Misko reiterated these are not City projects. He is concerned that the City has the frustrations expressed by D'Acquisto. Rasmussen stated that been blamed for the problems. . . ~ COMMITTEE REPORTS There were no Objections to waivinq the readinq of the minutes. D'Acquisto moved-for acceptance of-the minutes-of the 2/7/96 and 2/13/96 Finance Committee Meetings. Suhr seconded, carried with no objections. Patterson abstaining due to a conflict of interest; there were Rules, Laws & Ordinance Committee Meeting. Sanders seconded, Rasmussen moved for acceptance of the minutes of the 1/24/96 carried. Suhr moved for acceptance of the minutes of the 1/25/96 Public Works Committee Meeting. D'Acquisto seconded. Suhr moved Premiere Development drainage concerns. D'Acquisto seconded and individual consideration of paragraph on first page regarding requested the item be placed on the next committee agenda, motion carried. Motion to accept minutes without said paragraph carried. Suhr moved for acceptance of the minutes of the 2/1/96 Public Welfare Committee Meeting. Patterson seconded, carried. Common Council Minutes February 13, 1996 Page 3 Misko moved for acceptance of the minutes of the 2/8/96 Public Safety Committee Meeting. Rasmussen seconded, carried. The minutes of the 2/6/96 Plan Commission Meeting were received and placed on file. Ord. #E83 - An Ordinance to Amend Chapter 14, to Add Section 1.5 (2)(1) of the Municipal Code of the City of Muskego Floodplain Zoning Ordinance: Official Map (Candlewood Creek). On the floor, deferred 1/23/96. Suhr moved to defer per petitioner request. Sanders seconded, carried. Ord. #E84 - An Ordinance to Amend Chapter 17, Section 4.05 (2) G. of the Zoning Ordinance of the City of Muskego (Accessory Structures). Second Reading. Misko moved for adoption. Suhr seconded. Misko moved to amend the third paragraph identifying building height and offset to read as follows, “any accessory building thirteen (13) feet or greater in height must conform to carried. Ord. #884, as amended, adopted 6-1 with Sanders voting the zoning district‘s regulations.“ D‘Acquisto seconded, “no . I’ City Charter Ordinance #15 - A Charter Ordinance Relating to the Terms of Office of the Clerk-Treasurer and Assessor for the City of Muskego. Second Reading. D‘Acquisto moved for adoption. Misko seconded. Patterson expressed concern about extending terms of elected officials. Carried 6-1 with Patterson voting “no. ‘I Reso. #39-96 - Amendment to 1995 Budget. D‘Acquisto moved for adoption. Salentine seconded. Carried 7-0. Reso. #41-96 - Acceptance of Improvements - Plum Creek East Rasmussen seconded. Carried 7-0. (Sanitary Sewer and Water). Sanders moved for adoption. Reso. #43-96 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under 566.60 WI Statutes as to Sanitary Sewer Assessment Area for Woods Road/Country Brook to Senior Center Sewer Project (MSS-5-95) Sanders moved for adoption. Salentine seconded. Carried 7-0. Reso. #44-96 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under S66.60 WI Statutes as to Water Improvement Assessment Area for Woods Road/Country Brook to Senior Center Water Project (MW-21-95) defer to check legal description. Salentine seconded, carried. Sanders moved for adoption. Rasmussen seconded. Suhr moved to Reso. #45-96 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under 566.60 WI Statutes as to Sanitary Sewer Assessment Area for Hillendale/Mill Valley/Tans Sewer Project (MSS-6-95). Sanders moved for adoption. Salentine seconded. Carried 7-0. Reso. #46-96 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under 566.60 WI Statutes as to Sanitary Sewer Assessment Area for HiView/Holz a Common Council Minutes February 13, 1996 Sewer Project (MSS-7-95). Sanders moved for adoption. Rasmussen seconded. Carried 7-0. Page 4 Reso. #47-96 - Approval of Certified Survey Map, Town of Norway - De Back. Misko moved for adoption. Salentine seconded. Carried 7-0. Reso. #48-96 - Approval of Certified Survey Map, Town of Norway - De Back. Misko moved for adoption. Sanders seconded. Carried 7-0. Reso. #49-96 - Approval of Certified Survey Map, Town of Norway - Plaman. Misko moved for adoption. Suhr seconded. Carried 7-0. Reso. #54-96 - Approval of Final Plat and Subdivider's Agreement for Wilkinson Estates. D'Acquisto moved for adoption. Misko seconded. Carried 7-0. Reso. #55-96 - Declaration of Public Roads (Woods Road). Rasmussen moved for adoption. D'Acquisto seconded. Carried 7-0. Reso. #56-96 - Establish Traffic Regulations. Misko moved for adoption. Sanders seconded. Sanders moved to amend to remove Denice Ct. Salentine seconded, carried by voice vote of 5-2 with Misko and Rasmussen voting "no." Reso. #56-96, as amended, carried 7-0. Ord. #a86 - An Ordinance to Amend Chapter 9, Section 9.14(2) of the Municipal Code of the City of Muskego (Open Fires Restricted). First Reading. LICENSE APPROVAL D'Acquisto moved for approval of Change of Agent for "Class B" Liquor License for Club Durham, Inc. to Roger J. Andrews. Suhr seconded. Carried 7-0. License for St. Leonard Congregation for 2/17/96. Patterson D'Acquisto moved for approval of Temporary "Class B" Retailer's seconded. Carried 7-0. D'Acquisto moved for approval of Class "A" Dance Hall License for Donna Morris (Changes Pub & Grill). Salentine seconded. D'Acquisto moved to defer for Finance Committee to review at their next meeting. Patterson seconded, carried. VOUCHER APPROVAL D'Acquisto moved for approval of General Vouchers in the amount of $531,565.46. Misko-seconded. Carried 7-0. D'Acquisto moved for approval of Tax Checks in the amount of $5,243.64. Suhr seconded. Carried 7-0. Sanders moved for approval of Utility Vouchers in the amount of $59,603.66. Rasmussen seconded. Carried 7-0. CITY OFFICIALS' REPORTS Clerk stated that a public hearing would be held at 7:20 P.M. on Tuesday 2/27 to consider an amendment to Chapter 17 regarding signage. Clerk stated the agenda for the 2/19 Committee of the Common Council Minutes February 13, 1996 Page 5 I I Whole meeting would be distributed on 2/14. Suhr noted the Aldermen are to submit their budget goals at that meeting. D'Acquisto moved to convene into Closed Session pursuant to §19.85(l)(c) Considering employment, promotion, compensation or performance evaluation data of any public employe over which the more specifically 1996 labor negotiation strategies, and governmental body has jurisdiction or exercises responsibility, §19.85(l)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting bargaining reasons require a closed session, more specifically other specified public business, whenever competitive or negotiations with MMSD for additional capacity in the system, and §19.85(l)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, more specifically acquisition of Industrial Park Property. Action may be taken in Closed Session. The Common Council will then reconvene into Open Session for the purpose of adjournment. Salentine dismissed at 10:50 P.M. and not present for Closed Session. seconded. Carried 7-0. The City Clerk and Deputy were Rasmussen moved to adjourn at 12:06 A.M. Suhr seconded, carried. Minutes taken and transcribed by Jill Blenski. Respectfully submitted, KWd an X. Marenda, CMC i VOUCHER TOTALS COUNCIL DATE ~<-/~"~, GENERAL FUND : e VOIDED CHECKS BOARD CHECKS (regular) END OF MONTH END OF YEAR ($?d WIRE TRANSFER TOTALS : TAX CHECKS: UTILITIES: SEWER: BOARD CHECKS (reUuhr1 .- VOIDED CHECKS END OF MONTH END OF YEAR ( WIRE TRANSFER SINKING FUND WATER: BOARD CHECKS (regular) VOIDED CHECKS i END OF YEAR END OF YEAR ( ) WIRE TRANSFER TOTAL UTILITY VOUCHERS: ( ?5-) TOTAL UTILITY VOUCHERS: ( 96 ) TOTAL UTILITY VOUCHERS: ($?cpqb) L c 5- 6,4864 7@