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ccm19961210COMMON COUNCIL - CITY OF MUSKEGO (Unapproved) MINUTES OF MEETING HELD DECEMBER 10, 1996 The meeting was called to order at 8:07 P.M. by Mayor De Angelis. Also present were Aldermen D'Acquisto, Patterson, Pionek, Rasmussen, Marenda (arrived at 9:lO P.M.) and Deputy Clerk Blenski. Salentine, Sanders, and Suhr, City Attorney Molter, Clerk-Treasurer The Deputy Clerk reported that the meeting was noticed in accordance with the Open Meeting Law on 12/6/96. Approval of Minutes D'Acquisto moved for approval of minutes of 11/26/96 meeting. Suhr seconded. The Deputy Clerk read the Notice of Closed Session. Mayor requested moving Closed Session No. 1 to the end Of the meeting and that Closed Session no. 2 be done now as people were present for this issue. There was no objection. D'Acquisto 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 Mall. Salentine seconded. Carried 7-0. require a closed session, more specifically acquisition of Parkland The Council then reconvened into Open Session. Reso. #293-96 - Resolution of Necessity (Parkland Mall). Rasmussen moved for adoption. Salentine seconded. Carried 7-0. Reso. #296-96 - Authorization to Hire Appraiser and Relocation Expert to Carry Out the Resolution of Necessity Known as Resolution #293-96. Suhr moved for adoption. Pionek seconded. Carried 7-0. Rasmussen expressed appreciation to Chuck Dykstra for initiating and pursuing the Parkland Mall acquisition and stated he hopes this effort moves forward. Reso. #283-96 - Resolution to Deny Amendment to the Overlay Planned Development of Lake Forest. Salentine moved for adoption. D'Acquisto seconded. Matt Sadowski explained that the useable area was reduced as a result of an expanded wetland delineation, and the Plan Commission believed that the proposed density was too great for the remaining area. D'Acquisto moved to delete the reference to the "unacceptable density of the development" in the NOW, THEREFORE, BE IT RESOLVED as it was not clear. Salentine seconded; carried. D'Acquisto moved to amend to add the following reasons for denial: the original OPD was granted with an agreement that there would be no Drive is not suitable for the additional traffic that would be ingress or egress on Sunset Drive and that the condition of Sunset created. Suhr seconded; carried. Reso. #283-96, as amended, adopted 7-0. Clerk-Treasurer Marenda now present. Rasmussen moved for adoption. Salentine seconded. Rasmussen asked Reso. #292-96 - Resolution to Establish Fees - Plan Department. the planning director if these fees represent the costs to do these activities. Matt responded, "yes." Clerk asked for effective date and the Council determined upon passage of the resolution. Carried 6-1 with D'Acquisto voting "no." Common Council Minutes December 10, 1996 Plan Director Sadowski was dismissed. Page 2 COMMUNICATIONS FROM THE MAYOR'S OFFICE ~ayor stated he is initiating a Stormwater Plan and Ordinance Advisory Committee to review the second phase of the stormwater management Plan and also create and recommend a stormwater ordinance. The following people will serve on the committee: Mark Slocomb (BML), representatives from the LML district and association, Pearl Bruce and Kim Gabrehel (Lake Denoon), Ald. Pionek, George Steinhaus, Roger Guhr, ~ary Klingsporn, Mark Milanowski, Alternates Carlin Ryg and Heather Schuster, Mike Bruch (DNR), Mark PaUlat (City). Mayor wished everyone a safe and happy holiday season. COMMITTEE REPORTS Suhr moved for acceptance of minutes of the 12/4 and 12/10/96 Finance Committee Meetings. Sanders seconded; carried. Patterson moved for acceptance of minutes of the 12/1/96 Public Services Committee Meeting. Pionek seconded; carried. Minutes of the 12/3/96 Plan Commission Meeting and 11/18/96 Library Board Meeting were received and placed on file. Ord. #909-96 - An Ordinance to Amend Chapter 3 of the City of Muskego Municipal Code to Utilize Section 66.60(16), Wis. Stats. to Charge Back Engineering, Attorney and Other Fees to Landowners Benefitting. Second Reading. Rasmussen moved for adoption. Sanders seconded. Mayor stated policy to administer has not been completed; ordinance will need to be amended to refer to it. Suhr moved to defer. Rasmussen seconded. Atty. Molter stated the language in Section 3.085 (1) needs to be expanded and the Clerk noted that it does not address if the charges are incurred by someone other than a property owner and cannot be placed on the tax roll. Motion to defer carried. Reso. #281-96 - Approval of Certified Survey Map - Kastello, Town of Norway. Salentine moved for adoption. D'Acquisto seconded. Carried 7-0. Reso. #282-96 - Approval of Certified Survey Map - Blattner. Salentine moved for adoption. Rasmussen seconded. Carried 7-0. Reso. #284-96 - Authorize Execution of Dental Insurance Contracts for 1996. Suhr moved for adoption. Sanders seconded. Rasmussen moved to amend to clarify and insert that rates are "monthly." Salentine seconded; carried. Reso. #284-96, as amended, adopted 7-0. Reso. #285-96 - Approve New and Revised Positions for 1997. Suhr moved for adoption. Salentine seconded. Carried 7-0. Reso. #286-96 - Approval of Fire Protection Contract with Muskego Volunteer Fire Company for 1997. Suhr moved for adoption. Sanders seconded. Carried with 6 in favor and D'Acquisto abstaining because he is a member of the company. Reso. #287-96 - Approval of Fire Protection Contract with Tess Corners Volunteer Fire Department for 1997. Patterson moved for adoption. Suhr seconded. Carried with 6 in favor and D'Acquisto abstaining as stated above. December 10, 1996 Common Council Minutes Page 3 Reso. #288-g6 - Approval of contract with Tess Corners Fire Department for Rescue Service. Patterson moved for adoption. Salentine minimum liability for bodily injury to $1,000,000 Combining Single seconded. Rasmussen moved to amend insurance language to increase Limit as required for the fire departments. Suhr seconded; carried. Reso. #288-96, as amended, adopted with 6 in favor and D'Acquisto abstaining as stated above. Muskego. Salentine moved for adoption. Sanders seconded. The Reso. #289-96 - Nomination of Election Workers by Mayor Of the City of Clerk-Treasurer noted that workers are still needed in Districts 2 and 5 and requested the assistance of the aldermen of those districts to fill the vacancies. Carried 7-0. Reso. #290-96 - Resolution Authorizing Mayor to Approve Vouchers. Sanders moved for adoption. Rasmussen seconded. Carried 7-0. Reso. #291-96 - Resolution to Establish Fees - Licenses and Permits. D'Acquisto moved for adoption. Suhr seconded. D'Acquisto moved to amend to include fee for rescue service of $215 plus supplies to carried. Reso. #291-96, as amended, adopted 7-0. reflect increase contained in new contract. Sanders seconded; Reso. #294-96 - Approval of Muskego Parks & Recreation Department Part-time/Seasonal Employees' Compensation Scale. Patterson moved for adoption. Salentine seconded. D'Acquisto questioned why these salaries were being increased prior to completion of the DMG study. Mayor responded they were not part of the study. Motion carried 7-0. Reso. #295-96 - Approval of Amended Attachments to Agreement Documentation for Well No. 7. Sanders moved for adoption. Rasmussen seconded. Carried 7-0. Ord. 910 - An Ordinance to Amend Chapter 7 to Repeal Section 7.11 (2) (a), (b), (d) and (5) and Recreate Section 7.11 (2) (a), (b), (d) and (5) Of the Municipal Code of the City of Muskego (Abandoned Vehicles) First Reading. D'Acquisto moved for approval of Operator's License for Irene Yee. Suhr seconded; carried, D'Acquisto moved for approval of Class "A" Beer License to Open Pantry Food Marts of Wisconsin, Inc. to reflect a change in corporate name and officers from Tesscone, Inc. for Open Pantry. Sanders seconded. Carried 7-0. D'Acquisto moved for approval of General Vouchers in the amount of $506,336.67. Salentine seconded. Carried 7-0. Sanders moved for approval of Utility Vouchers in the amount of $104,186.67. Rasmussen seconded. Carried 7-0. CITY OFFICIALS' REPORTS The Clerk announced that three DubliC hearinas will be held on Januarv 14, 1997: 7:25 Amendment to Chapter 17 rega;ding habitation of trailers, 7:30 Huckstorf Rezoning Petition, 7:35 Muskego-Norway School District Rezoning Petition. The City Attorney was dismissed at 1O:lO P.M. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW The Committee of the Whole will meet on January 9 to further review * Common Council Minutes December 10, 1996 Page 4 the D.M.G. Personnel Study. The Mayor noted that the committee to review lake access policies will begin meeting in the near future. 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 specifically negotiations for hiring a Finance Director. Salentine and not present for closed session. seconded. Carried 7-0. The Clerk-Treasurer and Deputy were dismissed D'Acquisto moved to adjourn at 10:30 P.M. Sanders seconded; carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, an K. Marendla, CMC COMMON COUNCIL - CITY OF MUSKEG0 RESOLUTION #290-96 RESOLUTION AUTHORIZING MAYOR TO APPROVE VOUCHERS WHEREAS, due to the last Common Council meeting in December being cancelled, it is necessary to authorize the Mayor to approve any vouchers that need to be disbursed prior to the end of the year. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby authorize the Mayor to approve any vouchers that need to be disbursed prior to the end of the year in lieu of Common Council approval due to the cancellation of the December 24, 1996 Council meeting. BE IT FURTHER RESOLVED that the Clerk-Treasurer is authorized to release the approved voucher checks and release of funds as an extension of the Common Council giving the Mayor said authority as stated above. DATED THIS 10th DAY OF DECEMBER , 1996. This is to certify that this is a true and accurate copy of Resolution #290-96 which was adopted by the Common Council of the City of Muskego. 12/96 jmb VOUCHER TOTALS GENERAL FUND: VOIDED CHECKS BOARD CHECKS (regular) END OF MONTH WIRE TRANSFER TOTALS : UTILITIES: SEWER: 0 BOARD CHECKS (regular) VOIDED CHECKS END OF MONTH WIRE TRANSFER SINKING FUND WATER : BOARD CHECKS Ireaular) VOIDED CHECKS .- END OF MONTH WIRE TRANSFER TOTAL UTILITY VOUCHERS: COUNCIL DATE 12 -/f-y/