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ccm19960528COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF THE MEETING HELD MAY 28, 1996 The meeting was called to order at 7:31 P.M. by Mayor De Angelis. Also present were Aldermen D'Acquisto, Patterson, Pionek, Rasmussen, Salentine, Suhr, Clerk-Treasurer Marenda, City Attorney Molter, and Deputy Clerk Blenski. Alderman Sanders was not present. The Clerk-Treasurer reported that the meeting was noticed in accordance with the Open Meetings Law on 5/24/96. D'Acquisto moved for approval of minutes of the 5/14/96 Common Council meeting. Salentine seconded, carried. The Clerk read the Notice of Closed Session. COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor announced two new appointments to Mayor's Task Force on Economic Development were Joe Konkel and Lynn Ussel, with one more appointment to be made. Reso. #129-96 - Establishing Launch Fees at Lake Accesses. Patterson moved for adoption. Salentine seconded. D'Acquisto and The boxes have created problems at some sites. Mayor stated further Salentine requested a public hearing be held and this item be deferred. research is needed. Suhr moved to defer to hold an informational hearing on June 25. D'Acquisto seconded, carried. Reso. #118-96 - Denial of Legal Lot Status (Woida). Salentine moved for adoption. Suhr seconded. Salentine moved to amend the Resolution being created would be similar in size to those in the surrounding to be an approval. Rasmussen seconded. Salentine stated that the lots area. Patterson stated that two of the four Plan Commissioners who did not vote in favor of the approval were still opposed due to the lot Motion to approve carried 6-0. size. Motion to amend carried 5-1 with Patterson voting "no." Ord. #883 - An Ordinance to Amend Chapter 14, To Add Section Zoning Ordinance: Official Map (Candlewood Creek Subdivision), 1.5(2)(1), of the Municipal Code of the City of Muskego Floodplain deferred 4/23/96. With presentations by City Engineers and Candlewood Candlewood Creek Subdivision, stated that their engineers, R. A. Smith, Creek Representative. Beth Rummel of Towne Realty, developers of the did a topographic survey and as a result the floodplain map has been amended. City engineer, Mike Campbell, stated that we have to make sure when the final plat is reviewed the detention and floodplain areas are verified. Mr. Bill Radle of R. A. Smith stated that the topographic survey included the Boehm property which was worked into their analysis. Discussion ensued regarding the Boehm property being submittal is only for the Candlewood Creek development. The floodplain in the middle of the mapped floodplain for Candlewood Creek. The information has been offered to Mr. Boehm. It was uncertain if the DNR Mr. Campbell stated that this is existing floodplain and just not and FEMA would accept the map with the floodplain not being continuous. mapped. D'Acquisto moved to amend to add to "Section 3" of the Ordinance the following: "subject to the grading plan reflecting these floodplain limits and with detention adequate to produce the flow mapped in the report." Salentine seconded. Carried 6-0. Salentine moved to amend to change the engineer of the developer who will prepare carried. Salentine moved to amend date of map from "12/8/95" to the map from "Bonestroo" to "R. A. Smith." D'Acquisto seconded, "5/14/96." Suhr seconded, carried. Ord. #883, as amended three times, adopted 6-0. Common Council Minutes May 28, 1996 Page 2 Ord. #E93 - An Ordinance to Amend Chapter 18 of the Municipal Code of the City of Muskego to Create Section 18.27 (Wetlands). Second Reading. Salentine moved for adoption. Rasmussen seconded. D'Acquisto moved to defer. Suhr seconded. carried. Ord. #E73 - An Ordinance to Amend Chapter 17, Section 17:3.04(4)C of the Zoning Ordinance of the City of Muskego (Determination of Boundaries/OLS Lakeshore District), deferred 9/26/95. D'Acquisto moved to defer. Rasmussen seconded, carried. COlrlMITTEE REPORTS D'Acquisto moved for acceptance of minutes of the 5/22/96 and 5/28/96 Finance Committee meetings. Suhr seconded, carried. Salentine moved for acceptance of minutes of the 5/16/96 Public Utilities Committee meeting. Rasmussen seconded, carried. D'Acquisto moved for acceptance of minutes of the 5/23/96 Public Works Committee meeting. Suhr seconded, carried. Rasmussen moved for acceptance of minutes of the 5/15/96 Snowmobile Ordinance Review Committee meeting. Salentine seconded, carried. Minutes of the 5/20/96 Committee of the Whole meeting and the 5/21/96 Plan Commission meeting were received and placed on file. Minutes of the 5/13/96 Parks & Recreation Board meeting were not received to date. NEW BUSINESS Reso. #112-96 - Recognition of 30 Years of Service - John Loughney. Removed from agenda. Reso. #113-96 - Authorize Execution of Quit Claim Deeds - Woods Road. Suhr moved for adoption. Rasmussen seconded. Carried 6-0. Reso. #114-96 - Approval of Certified Survey Map - Voelker, Town of Norway. Salentine moved for adoption. Pionek seconded. Carried 6-0. Reso. #115-96 - Approval of Certified Survey Map - Brockman. Salentine moved for adoption. Rasmussen seconded. Carried 6-0. Reso. #116-96 - Authorizing Street Name Change (Crab Apple Court to Shamrock Court). Salentine moved for adoption. Suhr seconded. Salentine stated she disapproves and presented Plan Commission background on this issue. She stated they did recommend approval, however, the petitioner stated he was the only property owner to be affected by the change. This would set a precedent. There are other affected property owners who were not notified and do not support. Pionek stated there was a recorded plat and you just don't go changing street names. Motion to adopt denied 6-0. Reso. #117-96 - Approval of Holding Tank Agreement (Steinhaus). D'Acquisto moved for adoption. Suhr seconded. Carried 6-0. Reso. #119-96 - Approval of Certified Survey Map - Janesville Road Medical Clinic. Salentine moved for adoption. Patterson seconded. Carried 6-0. Common Council Minutes May 28, 1996 Page 3 Reso. #120-96 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under 566.60 WI Statutes as to Sanitary Sewer Assessment Area for Loomis Road/Drive Sewer Project (Project MSS-1A-96; Assessment District "SM"). Rasmussen moved for adoption. Salentine seconded. Carried 6-0. Reso. #121-96 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under 566.60 WI Statutes as to Sanitary Sewer Assessment Area for North Cape/Ryan Sewer Project adoption. Salentine seconded. Carried 6-0. (Project MSS-1B-96; Assessment District "SN"). Rasmussen moved for Reso. #122-96 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under 566.60 WI Statutes as to Project (Project MSS-1C-96; Assessment District "SO"). Rasmussen Sanitary Sewer Assessment Area for Loomis Road/State Hwy. 45 Sewer moved for adoption. Salentine seconded. Carried 6-0. Reso. #123-96 - Authorizing Cancellation of Certain Uncollectible Accounts Receivable (Rescue). D'Acquisto moved for adoption. Suhr seconded. Carried 6-0. Official Newspaper of the City of Muskego. Suhr moved for adoption. Reso. #124-96 - Acceptance of Community Newspapers, Inc. as the D'Acquisto seconded. Carried 6-0. Reso. #125-96 - Award Bid for 1996 Bituminous Concrete Paving Road Improvement Program. D'Acquisto moved for adoption. Pionek seconded. D'Acquisto stated John Loughney is reviewing bid for butt joints with Payne & Dolan as it seems to be out of line. Carried 6-0. Muskego Lake and Placement of Pier at Idle Isle (Water Bugs Ski Reso. #126-96 - Granting Placement of Water Ski Jump on Bed of Little Team). Patterson moved for adoption. Rasmussen seconded. Carried 6-0. Lake (Water Bugs Ski Team). Patterson moved for adoption. Salentine Reso. #127-96 - Approval of Practice/Show Dates on Little Muskego seconded. D'Acquisto expressed concerns with this type of activity and its effect on the dredging that was recently done. Some constituents have complained that their general use of the park is limited. Mayor stated that the park is open during these times. The swimming beach is the only item that cannot be accessed. Patterson stated this provides free entertainment to the city's citizens and the Water Bugs have compromised by reducing the number of practice and show dates. Suhr stated the matter will be reviewed by the Parks and Recreation Board after July 8. Pionek stated it seems reasonable as long as people have access to the lake. Motion carried 5-1 with D'Acquisto voting "no." Reso. #128-96 - Establishment of Committee Meeting Days. Suhr moved D'Acquisto voting "no." for adoption. Rasmussen seconded. Carried 4-2 with Salentine and Reso. #130-96 - Resolution to Order Assessor's Plat for Holz Subdivision. Salentine moved for adoption. Rasmussen seconded. Carried 6-0. COrNIIOn Council Minutes May 28, 1996 Page 4 Muskego and George Kuzmin (Idle Isle Pavilion). Patterson moved for Reso. #131-96 - Approval of Lease Agreement between the City of adoption. Rasmussen seconded. Carried 6-0. LICENSES D'Acquisto moved for approval of Operators' Licenses for Lynda Fliss, Krista Kirchner, and Katrina Neese. Surh seconded, carried. D'Acquisto moved for Approval of Change of Agent for Kwik Trip to Teri Renneberg. Suhr seconded. Carried 6-0. D'Acquisto moved for Approval of General Vouchers in the amount of D'Acquisto moved for Approval of Tax Checks in the amount of $1,899.68. $2,094,975.55. Suhr seconded. Carried 6-0. Surh seconded. Carried 6-0. D'Acquisto moved for Approval of Utility Vouchers in the amount of $310,315.64. Rasmussen seconded. Carried 6-0. CITY OFFICIALS' REPORTS Clerk-Treasurer reDorted that a Dublic hearina will be held at 7:15 PM on June 11 to consider a petition of Mr. and Mrs. Boehm to amend the Subdivision. zoning map and the Planned Unit Development of Meadow Green COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Rasmussen stated he received favorable comments regarding the condition and upkeep of the playing fields. D'Acquisto moved to convene into Closed Session, pursuant to performance evaluation data of any public employe over which the §19.85(l)(c) Considering employment, promotion, compensation or governmental body has jurisdiction or exercises responsibility, more' §19.85(l)(e) Deliberating or negotiating the purchasing of public specifically 1996 labor negotiation strategies, and 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. Salentine seconded. Carried 6-0. Action may be taken in Closed Session. The Common Council will then reconvene into Open Session for the purpose of adjournment. The Clerk-Treasurer and Deputy Clerk were dismissed at 9:50 and not present for Closed Session. Suhr moved to adjourn at 1O:OO P.M. Salentine seconded, carried. (Minutes taken and transcribed by Jill Blenski) Respectfully submitted, n K. Marenda, CMC VOUCHER TOTALS GENERAL FUND: BOARD CHECKS (reaular) VOIDED CHECKS .~ END OF MONTH WIRE TRANSFER TOTALS : TAX CHECKS: UTILITIES: SEWER: BOARD CHECKS (reqular) VOIDED CHECKS .- END OF MONTH WIRE TRANSFER SINKING FUND COUNCIL DATE WATER : VOIDED CHECKS BOARD CHECKS (regular) END OF MONTH WIRE TRANSFER TOTAL UTILITY VOUCHERS: