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ccm19961008COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF MEETING HELD OCTOBER 8, 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, Sanders, and Suhr, Clerk-Treasurer Marenda, City Atty. Molter, and Deputy Clerk Blenski. The Clerk-Treasurer reported that the meeting was noticed in accordance with the Open Meeting Law on 10/4/96. D'Acquisto moved for approval of minutes of 9/24/96 and 9/26/96 meetings. Salentine seconded, carried. The Clerk-Treasurer read the Notice of Closed Session. COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor stated that the closins for the Durchase of Parkland Mall should take place on or about lO/Zl: The BML-fish kill was completed today with clean up taking place the remainder of the week. Reso. #233-96 - Approval of Certified Survey Map - Radtke. Salentine moved for adoption. Sanders seconded. Carried 7-0. Ord. #E93 - An Ordinance to Amend Chapter 18 of the Municipal Code of deferred 7/23/96. Matt presented amended language and stated it the City of Muskego to Create Section 18.27 (Wetlands). On the floor, addresses concerns expressed at the public hearing. For all wetland areas greater than a total of 250 sq. feet, a 50' offset would be would be required. A 50' offset may be required from any wetland required. For wetland areas less than 250 sq. feet, a 10' offset found to contain endangered plants or wildlife. If adopted, the ordinance would still only apply to new land divisions. D'Acquisto stated he does not support because it is based on the size of the wetland and not the quality. That is not logical. Mr. Sadowski stated the issue of wetland size was initiated at the public hearing. building constructed within 10' of a wetland. Suhr stated he sees a The numbers can be adjusted. Rasmussen expressed concern about a problem with 50' and the takings issue. Pionek agreed with D'Acquisto regarding the size of the wetland and expressed concern about drainage. He further stated the DNR is proposing changes regarding wetlands. Mayor stated he will check with the DNR. Mr. Sadowski stated that the current 10' offset that the City has is a policy and the Council should adopt it by ordinance if it is their determination problems with the current policy and that is why this was brought not to change anything. Mayor stated that the City has experienced Patterson favored increasing the current 10' offset subject to forward. Mayor polled the Council members. Rasmussen, Sanders and reviewing changes made by DNR. Salentine, D'Acquisto, Pionek and Suhr Sadowski submits any new information from the DNR. Pionek seconded. favor no change. D'Acquisto moved to table until such time as Matt Carried 4-3 with D'Acquisto, Pionek, Salentine, and Suhr voting "yes" and Patterson, Rasmussen, and Sanders voting "no." Ord. #873 - An Ordinance to Amend Chapter 17, Section 17:3.04(4)C of Boundaries/OLS Lakeshore District). On the floor, deferred 1/23/96. the Zoning Ordinance of the City of Muskego (Determination of better to use a distance requirement. Pionek asked if any Further discussion took place. Rasmussen asked if it would not be nonconforming lots would be created. Matt responded probably. Common Council Minutes October 8, 1996 Page 2 D'Acquisto moved to defer. Pionek seconded, carried. Rasmussen stated the intent of the OLS is for property on the lake. Reso. #237-96 - Award of Bid - Well No. 7 Repair. Steve Schultz of The project did not go as planned and the high capacity of water Ruekert & Mielke presented information on the status of Well No. I. made to increase the capacity. The two options are: to repair the needed was not received. The well was then damaged when attempts were existing well and continue to work on it, or to abandon the well and redrill. The engineers recommend that the well be redrilled. Mr. Schultz stated a different method of drilling wi.11 be used. Clerk asked if County needed to approve new location. Utilities Superintendent Scott Kloskowski also recommends the well be redrilled. The Utility could expend money to repair the existing well and still have to redrill. Abandoning the existing well should be looked at closely. The Utility may consider leaving it as is if DNR approves. D'Acquisto moved for adoption. Sanders seconded. D'Acquisto moved to defer. Suhr seconded, carried. Reso. #238-96 - Award of Bid - Well No. 7 Redrilling. D'Acquisto moved for adoption. Sanders seconded. Rasmussen moved to amend to add "and obtaining necessary land acquisition and DNR approval" at the end of the last two paragraphs. Salentine seconded, carried. Reso. #238-96, as amended, adopted 6-1 with Pionek voting "no." Reso. #234-96 - Offer to Purchase - Thiesenhusen. Suhr moved for adoption. Patterson seconded. Carried 7-0. Reso. #235-96 - Rejection of Bid - Muskego Wind Lake Canal Dredging Project. Sanders moved for adoption. D'Acquisto seconded. D'Acquisto expressed concern about this matter. Carried 7-0. Reso. #236-96 - Rejection of Bid - Big Muskego Lake Dredging of Canal for Boat Access Project. D'Acquisto moved for adoption. Suhr seconded. Rasmussen expressed concern about the process and methods to ensure that this does not happen in the future. Carried 7-0. Attorney Molter and Deputy Clerk were dismissed at 9:25 P.M. Suhr moved for acceptance of minutes of the 9/19, 9/26 and 10/3/96 Committee of the Whole Meetings. Sanders seconded, carried. D'Acquisto moved for acceptance of the minutes of the 9/23/96 Public Works Committee Meeting. Suhr seconded, carried. D'Acquisto moved for acceptance of the minutes of the 10/2/96 and 10/8/96 Finance Committee Meetings. Suhr seconded, carried. Minutes of the 10/1/96 Plan Commission Meeting were received and placed on file. Ord. #906 - An Ordinance to Amend Chapter 9, Section 9.001(1) of the Municipal Code of the City of Muskego (State Laws Prohibiting Certain Offenses Adopted). Second Reading. Suhr moved for adoption. Rasmussen seconded. Carried 7-0. D'Acquisto moved to convene into Closed Session pursuant to Common Council Minutes October 8, 1996 Page 3 §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 7-0. specifically 1996 labor negotiation strategies. Salentine seconded. The Council then reconvened into Open Session. Reso. #227-96 - Authorize Execution of the 1996 - 1998 Labor Agreement Between Local 2414 AFSCME and the City of Muskego City Hall/Library Unit, with date of 12/31/97 inserted in Section 15. D'Acquisto moved for adoption. Patterson seconded. Carried 7-0. Reso. #228-96 - Authorize Execution of the 1996 - 1998 Labor Agreement Between Local 2414 AFSCME and the City of Muskego Telecommunicators Unit with date of 12/31/97 inserted in Section 15. D'Acquisto moved for adoption. Patterson seconded. Carried 7-0. Reso. #229-96 - Resolution to Establish Regulatory Markers Requiring Slow, No-Wake Speed (Little Muskego Lake). Patterson moved for adoption. Pionek seconded. Carried 7-0. Reso. #230-96 - Approval of Certified Survey Map - Hade. Salentine moved for adoption. Suhr seconded. Carried 7-0. Reso. #231-96 - Authorizing Cancellation of Certain Uncollectible Accounts Receivable (Rescue). Suhr moved for adoption, with collection efforts to continue. Salentine seconded. Carried 7-0. Reso. #232-96 - Resolution to Set Public Hearing Date for 1997 Budget (11/11/96 - 7:OO PM). Salentine moved for adoption. Sanders seconded. Carried 7-0. LICENSES D'Acquisto moved for approval of Operators' Licenses for Peter Zangerle, Amy Haefner, and Christopher Marks. Suhr seconded, carried. D'Acquisto moved for approval of Outside Dance license for Dan Hewitt (D. J.'s Pub & Grill) to be held 10/13/96 from 2:OO PM - 6:OO PM. Sanders seconded, carried. D'Acquisto moved for approval of "Class B" Alcohol Beverage License for Linda M. Moore (Linda's Place). Sanders seconded. Carried 7-0. VOUCHER APPROVAL D'Acquisto moved for approval of General Vouchers in the amount of $497,940.08. Sanders seconded. Carried 7-0. Sanders moved for approval of Utility Vouchers in the amount of $332,462.83 subject to conditions as outlined in 10/8 Finance Committee minutes prior to release of $27,740 check for Mainline Sewer. Rasmussen seconded. Carried 7-0. " CITY OFFICIALS' REPORTS The Clerk stated Committee of the Whole will meet on 10/10. The Chamber of Commerce will hold a Business Fair on 10/12 and the City will have a booth. -* Common Council Minutes , October 8, 1996 Page 4 COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Mavor is writinq a letter for the Newsletter for review of the that the Committee Requested Action form is required for Public Works Aldermen regarding the November referendum question. It was clarified Committee and Public Services Committee action. Patterson stated that the annual tour of the parks will be held Saturday, 10/12. D'Acquisto moved to adjourn at 10:14 P.M. Salentine seconded, carried. (Minutes taken and transcribed by Jill Blenski.) Respectfully submitted, K n K. Marenda, CMC &rk-Treasurer VOUCHER TOTALS GENERAL FUND: BOARD CHECKS (regular) VOIDED CHECKS END OF MONTH WIRE TRANSFER TOTALS : TAX CHECKS: -0- UTILITIES: SEWER: VOIDED CHECKS BOARD CHECKS (regular) 0 END OF MONTH WIRE TRANSFER SINKING FUND COUNCIL DATE 4 /fl f 87 433. 5 9 CK# - AMOUNT WATER: BOARD CHECKS (reqular) VOIDED CHECKS .. END OF MONTH WIRE TRANSFER TOTAL UTILITY VOUCHERS: OF OCTOBER 8, 1996 NOTE FOR COMMON COUNCIL MINUTES When initially typed and published, minutes did not reflect the vote for Reso. #235-96 and Reso. #236-96. The vote for both resolutions was 7-0. The vote has now been typed in the minutes so that the minutes accurately reflect what action was taken.