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COMMON COUNCIL Minutes 08-12-1997 COMMON COUNCIL - CITY OF MUSKEGO (Approved 8/26/97) MINUTES OF MEETING HELD AUGUST 12, 1997 The meeting was called to order at 7:58 P.M. by Mayor De Angelis. Also present were Aldermen D’Acquisto, Patterson, Pionek, Salentine, Sanders, Slocomb and Woodard, City Attorney Trindl, Plan Director Sadowski, and Deputy Clerk Blenski. The Deputy Clerk noted the meeting was noticed in accordance with the Open Meeting Law. Salentine moved for approval of minutes of 7/22/97 and 7/29/97. D’Acquisto seconded. Mayor noted the word “year” contained in the fifth paragraph of the 7/29/97 minutes should be changed to “hearing.” Motion carried. Mayor read the Notice of Closed Session. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor stated that Ald. D’Acquisto has requested to be removed from the Cable Negotiating Committee due to a conflict of interest and Ald. Slocomb has accepted appointment to the Committee. The 8/13 meeting will be rescheduled. Mayor announced his appointments to the Comprehensive Plan Review Committee: Ald. Sanders, S. Garland, B. Brownell, H. Brodel, D. Pavelko, R. Kasian and T. Ludwig. The committee will meet this month if possible. COMMITTEE REPORTS D’Acquisto moved for acceptance of the 7/30/97, 8/6/97 and 8/12/97 Finance Committee minutes. Salentine seconded, carried. Patterson moved for acceptance of the 8/4/97 Public Services Committee minutes. Woodard seconded, carried. Sanders moved for acceptance of the 7/21/97 Public Utilities Committee minutes. Slocomb seconded, carried. D’Acquisto moved for acceptance of the 8/12/97 Public Works Committee minutes. Pionek seconded, carried. Minutes of the 7/14/97 Parks and Recreation Board, 7/23/97 Library Board and 8/5/97 Plan Commission meetings were received and placed on file. OLD BUSINESS Reso. #151-97 - Approval of Articles of Agreement between the City of Muskego and Arthur E. Liddicoat, SRPA, CAE for Superior Emerald Park Landfill Appraisal 1998 Assessment Year, deferred from 7/22/97. Slocomb moved to defer to Council meeting of 9/9/97 pending receipt of information from SEPI to be received in September and reviewed by City Assessor. D’Acquisto seconded, carried. Ord. #921 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-2 to RS-2/OD-Miller), on the floor, deferred from 7/22/97. Motion to adopt carried 7-0. Reso. 178-97 - Approval of Certified Survey Map, Subdivider’s Agreement and Letter of Credit - Miller, on the floor, deferred from 7/22/97. D’Acquisto moved to amend the Common Council Minutes Page 2 August 12, 1997 resolution and Subdivider’s Agreement to reflect that a Cash Deposit Agreement would be executed in place of a Letter of Credit. Salentine seconded, carried. Reso. #178- 97, as amended, adopted 7-0. Ord. #936 - An Ordinance to Amend the Zoning of the Municipal Code of the City of Muskego to Create Section 8.145 (B-P Business Park District), on the floor, deferred 7/22/97. Mr. Sadowski reviewed latest changes to reflect input from Council members and Plan Commission. Additional discussion took place with further clarification requested. D’Acquisto stated the language in E. 1. (b.) was cumbersome and not flexible. Slocomb requested clarification of F. 8. a. and b. relating to storage and use of chemicals and burning. D’Acquisto requested input from fire departments regarding that section and G. 7. Height. Pionek asked the Council to consider determining the percentage of floor area ratio by the size of the parcel versus 40% across the board. Mr. Sadowski was requested to provide a clean copy of the final ordinance in addition to a copy which identified the changes made. Ord. #939 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-1 and RS-2 to RS-1/OPD and RS-2/OPD - Park Estates), on the floor, deferred 7/22/97. Motion to adopt carried 7-0. Ord. #940 - An Ordinance to Amend Chapter 11, Sections 11.04(a)(a) and (1)(c) of the Municipal code of the City of Muskego (Garbage and Refuse). Second Reading. Patterson moved for adoption. Woodard seconded. Carried 7-0. Ord. #941 - An Ordinance to Amend Chapter 20, Section 20.12 of the Municipal Code of the City of Muskego (Public Waters - Penalties). Second reading. D’Acquisto moved for adoption. Pionek seconded. Carried 7-0. Ord. #942 - An Ordinance to Amend Chapter 3, Section 3.05(5) of the Municipal Code of the City of Muskego (Capital Budget Committee). Second reading. Sanders moved for adoption. D’Acquisto seconded. Carried 7-0. NEW BUSINESS Reso. #183-97 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit - Park Estates. D’Acquisto moved for adoption. Salentine seconded. Carried 7-0. Reso. #184-97 - Approval of Certified Survey Map - Boehm. Salentine moved for adoption. Sanders seconded. Carried 7-0. Reso. #185-97 - Approval of Certified Survey Map - Norway Business Park, LLC, Town of Norway. Salentine moved for adoption. D’Acquisto seconded. Carried 7-0. Reso. #186-97 - Resolution Indicating City’s Present Intent to Approve the Concept of RCE/OPD and RS-1/OPD - Graves. Salentine moved for adoption. Sanders Common Council Minutes Page 3 August 12, 1997 seconded. Salentine moved to amend to approve the concept of the RCE/OPD zoning and removing the RS-1/OPD subject to the agreement of the petitioner. Sanders seconded, carried. Salentine moved to further amend that a note be placed on the face of the certified survey map that there can be no further land divisions. Sanders seconded, carried. Reso. #186-97, as amended, adopted 7-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW The Council determined that a public hearing would not be scheduled for anytime in the near future to give the City an opportunity to explore possible alternatives for development. Mr. Sadowski was dismissed at 9:10 PM. Reso. #187-97 - Resolution of Support for Exploration of Privitization by MMSD. Sanders moved for adoption. D’Acquisto seconded. Carried 7-0. Reso. #188-97 - Appointment of Members to Capital Budget Committee. Salentine moved for adoption. Slocomb seconded. Carried 7-0. Reso. #189-97 - Approval of Amendment to Agreement between the City of Muskego and Waste Management of Wisconsin, Inc. dated 12/19/97. Sanders moved for adoption. Slocomb seconded. Carried 7-0. Reso. #190-97 - Establishing Traffic Regulations. Salentine moved for adoption. Patterson seconded. Carried 7-0. Salentine stated that adequate off-street parking is available at Lions Park Drive Cul de Sac. Ord. #943 - An Ordinance to Amend Chapter 30 of the Municipal Code of the City of Muskego to Repeal Section 30.51 and Create Chapter 33 (Residential Point of Sale Code). First Reading. Ord. #944 - An Ordinance to Amend Chapter 17 of the Municipal Code of the City of Muskego to Create Section 8.01(7)B. 13 (Permitted Accessory Uses-Hobby Kennels). First Reading. LICENSES D’Acquisto moved for approval of Operators’ Licenses for Jeff Jasinski, Jennifer Eigenberger, Mark Sawyer, Denice Wagner, Sandra Maciejewski, Nancy Kuhr, Krissa Guhr, Richard Chippa, and Sandy Smith Ross. Sanders seconded, carried. It was noted that the application for Dustine Flamini was removed at the 8/12 Finance Committee meeting for further review. VOUCHER APPROVAL D’Acquisto moved for approval of General Vouchers in the amount of $863,401.34. Salentine seconded. Carried 7-0. Common Council Minutes Page 4 August 12, 1997 D’Acquisto moved for approval of Tax Checks in the amount of $2,672,252.11. Sanders seconded. Carried 7-0. Sanders moved for approval of Utility Vouchers in amount of $1,184,270.17. Slocomb seconded, carried 7-0. CITY OFFICIALS’ REPORTS Deputy Clerk reported petitions received and public hearings set for the following: Plan Commission to amend Zoning Ordinance regarding mother-in-law units with hearing on 9/9/97 at 7:20 PM; and Fosmore rezoning from R-1 to RS-1 in the NW ¼ of the SW ¼ of Section 8 with hearing on 9/9/97 at 7:25 PM. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Mayor stated he will be scheduling a meeting in the near future to discuss the proposed library/civic center project. Salentine stated she will attend as Council representative. Salentine stated she attended Waukesha County Board public hearing to speak out against the County’s proposed designation of Racine Avenue as the north/south road through the county Council determined it was not necessary to convene into closed session. D’Acquisto moved to adjourn at 9:31 PM. Sanders seconded, carried. Respectfully submitted, Jill Blenski Deputy City Clerk