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COMMON COUNCIL Minutes 09-09-1997 COMMON COUNCIL - CITY OF MUSKEGO (Approved-9/23/97) MINUTES OF MEETING HELD SEPTEMBER 9, 1997 The meeting was called to order at 7:40 P.M. by Mayor De Angelis. Also present were Aldermen D’Acquisto, Patterson, Pionek, Salentine, Sanders Slocomb and Woodard, City Attorney Molter, Plan Director Sadowski, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. The Clerk-Treasurer noted the meeting was noticed in accordance with the Open Meeting Law on 9/5/97. D’Acquisto moved for approval of minutes of 8/26/97. Salentine seconded, carried. Clerk-Treasurer read the Notice of Closed Sessions. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor noted that there are currently no funds in the state budget bill for DNR grants for stormwater management. Lobbying for funding will take place. The Library Community Center group held its first meeting. Next meeting will be held in Oak Creek on 9/22/97. COMMITTEE REPORTS D’Acquisto moved for acceptance of the 9/3/97 and 9/9/97 Finance Committee minutes. Sanders seconded, carried. Patterson moved for acceptance of the 9/3/97 Public Services Committee minutes. Pionek seconded. The following corrections were made: page 2, No. 5 second sentence to read “The Future Parkland Development Inc. Siting Committee has begun negotiating with Future Parkland on their request to double the existing site . . . .” and page 2, No. 6 change “stop sign” to “no parking sign.” D’Acquisto moved for individual consideration of paragraph 3 under New Business and to refer back to committee for further review. Salentine seconded. D’Acquisto spoke in favor of increasing number of dogs allowed from two to three per household. Patterson felt since no complaints received, limit should remain at two. Sanders expressed opposition to changing. Motion carried 4-3 with D’Acquisto, Salentine, Slocomb, and Woodard voting “yes” and Patterson, Pionek, and Sanders voting “no.” Mayor discussed paragraph 4 under New Business and stated he would prepare proposed ordinance and details at next meeting regarding installation of public utilities. Motion to accept minutes without said paragraph carried. Minutes of the 8/27/97 Library Board and 9/2/97 Plan Commission meetings were received and placed on file. Ord. #945 - An Ordinance to Amend Chapter 14, Section 1.5(2)(b) of the Municipal Code of the City of Muskego (Floodplain Zoning Ordinance: Official Map). Second Reading. Salentine moved for adoption. Woodard seconded. Mr. Sadowski noted he discussed alternatives with city engineers. D’Acquisto moved to defer. Slocomb seconded, carried. Mr. Sadowski was excused. Ord. #946 -An Ordinance to Create Chapter 12.06 of the Municipal Code of the City of Muskego (Taxicabs). Second Reading. Salentine moved for adoption. D’Acquisto seconded. D’Acquisto moved to amend 12.06(8)(a) Revocation to read, “Licenses granted under this Chapter may be suspended or revoked at any time by the Finance Common Council Minutes Page 2 September 9, 1997 Committee of the City of Muskego after a hearing for any violation of this chapter. When a taxicab license is revoked or canceled as herein provided, the City shall immediately notify the owner to cease at once to operate the vehicle for which the license has been revoked as a taxicab.” Salentine seconded, carried. Ord. #946, as amended, adopted 7-0. 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, on the floor, deferred 8/12/97. Mayor stated that the City will receive an appraisal from Superior Emerald Park shortly; Mr. Liddicoat may be hired by City to review. Motion to adopt defeated 7-0. NEW BUSINESS Reso. #202-97 - Approval of Certified Survey Map - Rae. Salentine moved for adoption. D’Acquisto seconded. Carried 7-0. Reso. #203-97 - Approval of Certified Survey Map - Stefaniak. Salentine moved for adoption. D’Acquisto seconded Carried 7-0. Reso. #204-97 - Approval of Certified Survey Map - Proposed Library Site. Salentine moved for adoption. Patterson seconded. Mayor noted closing on property will take place 9/10. Carried 7-0. Reso. #205-97 - Resolution to Establish Fees - Taxicab. Salentine moved for adoption. Slocomb seconded. D’Acquisto moved to amend to add the word “vehicle” after “first taxicab” and “each additional taxicab” and to delete the word “taxi” before “driver’s license.” Salentine seconded, carried. Reso. #205-97, as amended, adopted 7-0. Reso. #206-97 - Direct Legislative Petition Regarding Restrictions to Zoning Changes in the Moorland Road Corridor. D’Acquisto moved for adoption. Sanders seconded. D’Acquisto moved to amend to delete 1. and 2. Salentine seconded. Motion carried 6- 1 with Pionek voting “no.” D’Acquisto moved to amend B. to read “The ordinance as proposed is in direct conflict with prior ordinance and resolution and constitutes an implied repealer of that legislation in that the City of Muskego ordinances, including Ordinance 17.3.06 set forth very specific procedures as to rezoning requests and how they will be handled by the City; and is in conflict with prior City Resolution #145-97 adopted June 10, 1997.” Patterson seconded. Motion carried 6-1 with Pionek voting “no.” Reso. #206-97, as amended, adopted 6-1 with Pionek voting “no.” Reso. #207-97 - Amendment to Deposit & Forfeiture Schedule. Salentine moved for adoption. Sanders seconded. Slocomb moved to defer as response from Judge Lentz has not been received. D’Acquisto seconded, carried. Reso. #208-97 - Establish Traffic Regulations. Slocomb moved for adoption. Pionek seconded. Sanders moved to amend distance from intersection for “No Parking Here Common Council Minutes Page 3 September 9, 1997 to Corner” sign, on north side of Kelsey west of Racine, from 100’ to 200’. D’Acquisto seconded, carried. Reso. #208-97, as amended, adopted 7-0. Reso. #209-97 - Designating Halloween Trick or Treat Hours (10/26 1:00 to 4:00 p.m.). Patterson moved for adoption. Pionek seconded. D’Acquisto stated these are official hours of the City. Any group planning hours outside of these should contact the Clerk’s office at 679-5625. Ord. #947 - An Ordinance to Amend Chapter 17, Section 8.01(7) of the Municipal code of the City of Muskego to Create Section 8.07(7)B. 14. And Rescind Section 8.01(7)C.10. (Permitted Accessory Uses - Mother-in-Law/Family Unites). First Reading. Ord. #948 - An Ordinance to Amend the Zoning Map of the City of Muskego R-1 to RS- 1 (Fosmore). First Reading. LICENSES D’Acquisto moved for approval of Operators’ Licenses for Conrad McNutt, Michael Minkley, Lori Larsen, Wendy Beller. Sanders seconded, carried. It was noted that “Class B” Fermented Malt Beverage/Intoxicating Liquor license for Sueann Witt was reviewed at the 9/9/97 Finance Committee meeting and deferred until the 9/17/97 meeting. No action taken by Council. VOUCHER APPROVAL D’Acquisto moved for approval of General Vouchers in the amount of $903,789.11. Sanders seconded. Carried 7-0. Sanders moved for approval of Utility Vouchers in amount of $235,005.82. Slocomb seconded, carried 7-0. CITY OFFICIALS’ REPORTS Clerk-Treasurer noted that the B. J. Macks liquor license revocation hearing will proceed as scheduled for 9/23 at 6:30 p.m. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Discussion took place regarding the citywide survey. Patterson opposes stating we are asking for input from citizens and do not have a way to measure the validity of the responses. We must be willing to accept the answers. Patterson moved to eliminate doing survey. D’Acquisto seconded and agreed that he does not need a survey to obtain information from his constituents. Those aldermen who wanted to pursue were encouraged to do so. Motion carried 5 to 2 with Slocomb and Pionek voting “no.” D’Acquisto acknowledged efforts of camera operator David Bender and other Cable Club members. Patterson stated that since direct legislative petitions were submitted, the City should consider referendum questions at next general election and requested item be placed on the next Council agenda for discussion. Common Council Minutes Page 4 September 9, 1997 D’Acquisto moved to convene into closed session pursuant to §19.85 (1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, more specifically contract dispute with Gustafson regarding Boxhorn, Ryan, Groveway Sewer Project. Slocomb seconded. Carried 7-0. D’Acquisto moved to convene into closed session pursuant to §19.85 (1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, more specifically Wind Lake claim. Sanders seconded. Carried 7-0. The Clerk and Deputy were dismissed. The Council reconvened into open session and Sanders moved to adjourn at 9:12 p.m. Slocomb seconded, carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer