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ccm19960625COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF THE MEETING HELD JUNE 25, 1996 The meeting was called to order at 9:26 PM 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. D'Acquisto moved for approval of minutes of the 6/11/96 Common Council meeting. Salentine seconded, carried. The Clerk-Treasurer read the Notice of Closed Session. COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor wished everyone a safe Fourth of July and stated a permit may be obtained through his office for the discharge of fireworks. PERSONAL APPEARANCES Reso. #132-96 - Recognition of 30 Years of Service - John Loughney. D'Acquisto moved for adoption. Patterson seconded. Carried 6-0. County Executive Dan Finely and Glen Lewinski presented information regarding the Waukesha Community Development Block Grant program. OLD BUSINESS Reso. #129-96 - Establishing Launch Fees at Lake Accesses. On the floor, deferred 5/28/96. D'Acauisto stated alternative scenarios need to be^ explored. The Parks and-Recreation Board needs to be included. .. Rasmussen requested clarification of capacity of the lake. Mayor meeting. Several aldermen stated the issue needed to be addressed in a stated the issue could be at the July 8 Parks and Recreation Board timely manner. D'Acquisto moved to defer. Patterson seconded, carried. Ord. #893 - An Ordinance to Amend Chapter 18 of the Municipal Code of the City of Muskego to Create Section 18.27 (Wetlands). On the floor, deferred 6/11/96. Matt Sadowski explained that the 50' offset was proposed to create uniformity as the current lakeshore offset is 50'. There was discussion regarding reviewing the offsets on a case-by-case basis or establishing different classifications of wetlands and corresponding offsets rather than the 50'. D'Acquisto stated variety of circumstances that warrant different offsets. The Mayor flexibility was needed. He does not favor as proposed. There are a stated that accessory use of the offset area should also be reviewed. Rasmussen moved to direct Matt Sadowski to prepare an amendment to Ord. #E93 to include classifications of types of wetlands and corresponding D'Acquisto requested that motion include consideration of hardships and offsets and accessory use of the setback area. Patterson seconded. trying to make this more difficult. We have a law now. It is better flexibility. Rasmussen and Patterson agreed. Pionek stated we are proposed amendment would be difficult to administer. Rasmussen to leave it alone. Salentine agreed. There was concern that the should be given a chance to create the amendment. Motion carried 4 to supported the City's protection of the wetlands and stated Mr. Sadowski to defer. Suhr seconded, carried with Pionek voicing a "no" vote. 2 with Pionek and Salentine casting the "no" votes. D'Acquisto moved Ord. #E73 - An Ordinance to Amend Chapter 17, Section 17:3.04(4)C of Boundaries/OLS Lakeshore District). On the floor, deferred 6/11/96. the Zoning Ordinance of the City of Muskego (Determination of Common Council Minutes June 25, 1996 Rasmussen moved to defer. Suhr seconded, carried. Page 2 Ord. #894 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-Z/OPD to RS-2/0PD/OD) Boehm/Woods Road. Second Reading. Salentine moved for adoption. D'Acquisto seconded. Mr. Sadowski stated that the records in his office indicate that the maximum unit number was 72. However, he believes there was a compromise regarding that number when duplex lots were requested. He further stated that the lot on which Mr. Boehm's personal residence is situated was included in the people who spoke at the public hearing were opposed. He does not subdivision at the preliminary plat stage. Patterson stated that the support. Ord. #894 defeated 5-1 with D'Acquisto casting the only "yes" vote. NEW BUSINESS Reso. #140-96 - Approval of Certified Survey Map - Heinrich. Salentine moved for adoption. Rasmussen seconded. Carried 6-0. Reso. #141-96 - Approval of Certified Survey Map - Daliege. Salentine moved for adoption. Suhr seconded. Carried 6-0. Reso. #146-96 - Final Resolution Authorizing Installation of Sewer Property (Hillendale/Mill Valley/Tans Sewer Project MSS-6-95). Improvements and Levying of Special Assessments Against Benefited Salentine moved for adoption. Rasmussen seconded. D'Acquisto stated that creating a financial hardship for property owners is not a practical way of dealing with a failed septic system. The Clerk-Treasurer stated that 8% interest was included in the assessment property owners who do not qualify for the hardship policy because they resolution as has been past practice. City Attorney stated that adopted 4 -2 with D'Acquisto and Suhr casting the "no" votes. have dividable property have an additional asset. Reso. #146-96 Reso. #148-96 - Final Resolution Authorizing Installation of Water Improvements and Levying of Special Assessments Against Benefited Property (Woods Road Water Project MW-21-95). Salentine moved for adoption. Suhr seconded. Mayor read petition received at 6/25/96 Council meeting into the record entitled, "Petition Against Reso. #44-96." The petition was signed by approximately 18 individuals in opposition to the project. Motion carried 6-0. Reso. #151-96 - Approval of Habitation of Trailer - Villages at Muskego Lakes Partnership. Salentine moved for adoption. Rasmussen seconded. Carried 6-0. Reso. #149-96 - Final Resolution Authorizing Installation of Sewer Improvements and Levying of Special Assessments Against Benefited Property (Woods Road Sewer Project MSS-5-95). Rasmussen moved for adoption. Salentine seconded. Carried 6-0. Rasmussen moved to due date of the assessment to November, 1997 because property owners reconsider. Salentine seconded, carried. Salentine moved to amend the may not be able to connect until after January 1, 1997. Rasmussen seconded, carried. Reso. #149-96, as amended, adopted 6-0. Salentine moved for adoption. Suhr seconded. Mr. Sadowski stated that Reso. #152-96 - Approval of Preliminary Plat - Candlewood Creek. engineers and the remaining points could be addresssed at final plat the developer has addressed most of the items required by the city's stage. Because the resolution contained incorrect information, Page 3 Common Council Minutes June 25, 1996 was present and agreed to an extension to the July 9 meeting. Patterson moved to defer. D'Acquisto seconded, carried. Beth Rummel, Reso. #153-96 - Approval of Amendment to Subdivider's Agreement Champions Villages of Country Club Villages. Suhr moved for adoption. Rasmussen seconded. Carried 6-0. Waukesha County, Wisconsin (Park Acquisition). Patterson moved for Reso. #138-96 - Amended Resolution of Necessity of the City of Muskego, adoption. Suhr seconded. Rasmussen moved to amend to add "title" following "fee simple" in No. 3. Salentine seconded, carried. Reso. #138-96, as amended, adopted 6-0. City Attorney Molter was dismissed at 11:58 PM. COMMITTEE REPORTS D'Acquisto moved for acceptance of the minutes of the 6/19/96, as corrected, and 6/25/96 Finance Committee Meetings. Suhr seconded, carried. Rasmussen moved for acceptance of the minutes of the 6/17/96 and 6/19/96 Public Utilities Committee Meetings. Salentine seconded. back to committee for clarification. Salentine seconded, carried. Rasmussen moved to send paragraphs regarding "Loomis/North Cape Sewer" Motion carried. D'Acquisto moved for acceptance of the minutes of the 6/20/96 Public Works Committee Meeting. Pionek seconded, carried. Minutes of the 6/18/96 Plan Commission Meeting and 5/13/96 and 6/10/96 Parks & Recreation Board Meeting were received and placed on file. D'Acquisto moved to accept minutes of 6/19/96 Finance Director Personnel Selection Committee Meeting. Suhr seconded, carried. Rasmussen moved to accept minutes of the 6/17/96 Subcommittee on Snowmobile Ordinance Review Meeting. Salentine seconded. Mayor is looking to schedule next meeting for July 10. Reso. #139-96 - Approval of Various License Applications for the City of Muskego for the Licensing Period July 1, 1996 to June 30, 1997. D'Acquisto moved for adoption. Patterson seconded. D'Acquisto moved to amend to clarify that license for Waylyn, Inc. will be reviewed again upon disposition of pending court cases of Wayne Bushberger. Suhr seconded. Reso. #139-96, as amended, adopted 6-0. Reso. #142-96 - Approval of Certified Survey Map - De Back. Salentine moved for adoption. Patterson seconded. Carried 6-0. Reso. #143-96 - Approval of Certified Survey Map - Sanfelippo, Town of Norway. Salentine moved for adoption. Rasmussen seconded, carried. Norway. Salentine moved for adoption. D'Acquisto seconded, carried. Reso. #144-96 - Approval of Certified Survey Map - Banna, Town of Reso. #145-96 - Approval of Certified Survey Map - DeBack, Town of Norway. Salentine moved for adoption. Rasmussen seconded, carried. Page 4 Common Council Minutes June 25, 1996 Reso. #147-96 - Award of Bid - Hillendale/Mill Valley/Tans Sewer Project. Salentine moved for adoption. Rasmussen seconded. Carried 6-0. Reso. #150-96 - Award of Bid - Woods Road Water and Sewer Projects. Salentine moved for adoption. Rasmussen seconded. Carried 6-0. LICENSES D'Acquisto moved for approval of Operators' Licenses for Colleen Berka, Jayce Redmer, and Heidi-Leslie. Suhr seconded, carried. D'Acquisto moved to establish 11:OO PM time restriction for outside premise of 1996-1997 Class "B" Beer License for Ed Lyon. Suhr seconded. Carried 6-0. VOUCHER APPROVAL D'Acquisto moved for approval of General Vouchers in the amount of D'Acquisto moved for approval of Tax Checks in the amount of $1,323.62. $384,161.05. Suhr seconded. Carried 6-0. Suhr seconded. Carried 6-0. D'Acquisto moved for approval of Utility Vouchers in the amount of $53,123.34. Rasmussen seconded. Carried 6-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW The Council discussed the proposed library project and use of the The 1997 budget schedule was also reviewed. existing library space if a new building is constructed. 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 governmental body has jurisdiction or exercises responsibility, more Carried 6-0. specifically 1996 labor negotiation strategies. Patterson seconded. The Clerk-Treasurer and Deputy Clerk were dismissed at 12:42 AM and not present for Closed Session. Salentine moved to adjourn at 12:50 AM. Suhr seconded, carried. (Minutes taken and transcribed by Jill Blenski.) Respectfully submitted, p4VA Jean K. Marenda, CMC Clerk-Treasurer VOUCHER TOTALS BOARD CHECKS (regular) VOIDED CHECKS t I ~ ~ e i END OF MONTH WIRE TRANSFER TOTALS : TAX CHECKS: UTILITIES: SEWER: BOARD CHECKS VOIDED CHECKS (regular) END OF MONTH WIRE TRANSFER SINKING FUND COUNCIL DATE ./ fl G?&- 3a3. k& 301 70a3 I, ~ I AMOUNT WATER: VOIDED CHECKS BOARD CHECKS (regular) CKC AMOUNT END OF MONTH WIRE TRANSFER TOTAL UTILITY VOUCHERS: