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CCM20041026 COMMON COUNCIL - CITY OF MUSKEGO Unapproved MINUTES OF MEETING HELD OCTOBER 26, 2004 Mayor Slocomb called the meeting to order at 8:25 pm. Also present were Ald. Salentine, Borgman, Buckmaster, Melcher, Madden, Patterson and Schroeder, City Attorney Molter, Clerk-Treasurer Moyer and Deputy Clerk Blenski. The Clerk stated the meeting was noticed in accordance with the open meeting law on 10/22/2004. The Clerk read the closed session notice. APPROVAL OF MINUTES Salentine moved for approval of the 10/12/2004 minutes. Borgman seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Slocomb stated that Reso. #179-2004 was being removed from the agenda. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Salentine moved for acceptance of the 10/20/2004 and 10/26/2004 Finance Committee minutes. Schroeder seconded; motion carried. Buckmaster moved for acceptance of the 10/18/2004 and 10/26/2004 Public Works Committee minutes. Borgman seconded; motion carried. Schroeder moved for acceptance of the 10/18/2004 Public Utilities Committee minutes. Melcher seconded; motion carried. Minutes of the 10/19/2004 Plan Commission and 10/11/2004 Parks and Recreation Board were received and placed on file. NEW BUSINESS Reso. #168-2004 - Honoring Muskego AFS-USA Student Penelope Rouy. Salentine moved for adoption. Borgman seconded. Motion carried 7-0. Reso. #169-2004 - Honoring Muskego AFS-USA Student Juan Castro. Buckmaster moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #170-2004 - Authorize Execution of Health Insurance Contract for 2005. Schroeder moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #171-2004 - Disallowance of Claim - American Family Insurance Group/Santos. Schroeder moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #172-2004 - Disallowance of Claim - Becker. Salentine moved for adoption. Madden seconded. Motion carried 7-0. Reso. #173-2004 - Approval of Certified Survey Map - Kramer, Town of Norway. Schroeder moved for adoption. Buckmaster seconded. Motion carried 7-0. Reso. #174-2004 - Approval of Certified Survey Map - James/Dovic. Buckmaster moved for adoption. Melcher seconded. Motion carried 7-0. Common Council Minutes Page 2 October 26, 2004 Reso. #175-2004 - Approval of Certified Survey Map - Bowmil. Buckmaster moved for adoption. Madden seconded. Motion carried 7-0. Reso. #176-2004 - Approval of Amendment No. 1 to Northfield Green Subdivider’s Agreement. Salentine moved for adoption. Madden seconded. Motion carried 7-0. Reso. #177-2004 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit for Fireside Orchard. Salentine moved for adoption. Melcher seconded. Salentine moved to defer because the Letter of Credit is not on the form required by the City and is not acceptable. Melcher seconded; motion carried. Ord. #1181 - An Ordinance to Amend Chapter 12 to Delete Section 12.02 of the Municipal Code of the City of Muskego (Nonintoxicating and Soda Water Beverages). First Reading. Ord. #1182 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS- 3/OOS with Special Conditions to RS-3/OOS - Wade). First Reading. Salentine moved to suspend the rules regarding the second reading of Ord. #1182. Borgman seconded; motion carried. Ord. #1182. Second Reading. Buckmaster moved for adoption. Madden seconded. Motion carried 7-0. Ord. #1183 - An Ordinance to Establish Salaries for Aldermen. First Reading. Ord. #1184 - An Ordinance to Establish Salary for Mayor. First Reading. LICENSES Salentine moved for approval of a regular Operator’s license for Robert D. Hinners, Robert T. Hinners, Edward Weber, Ashley Kollmansberger, and Joseph Gross (with a 3, 6, 9 and 12-month review). Schroeder seconded; motion carried. Salentine moved for approval of a “Class B” Retailers License for the Sale of Intoxicating Liquor and Fermented Malt Beverages for Three H’s, Inc. (Tres Locos), Mary Hinners, Agent. Schroeder seconded; motion carried. VOUCHER APPROVAL Salentine moved for approval of payment of General Vouchers in the amount of $523,096.99. Schroeder seconded. Motion carried 7-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $305,917.37. Buckmaster seconded. Motion carried 7-0. CITY OFFICIALS’ REPORT The November calendar was reviewed. Melcher stated he would be having surgery on 11/10 and would contact the Clerk’s Office regarding his attendance at the meetings scheduled for the weeks following his surgery. Madden 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 Common Council Minutes Page 3 October 26, 2004 is likely to become involved, more specifically DNR Notice of Claim/Notice of Violation and State of Wisconsin Department of Justice Complaint regarding Milwaukee Metropolitan Sewerage District (MMSD) sewage bypasses or overflows. Borgman seconded. Motion carried 7-0. The Clerk and Deputy were dismissed. Salentine moved to reconvene into open session. Buckmaster seconded. Motion carried unanimously. ADJOURNMENT Salentine moved to adjourn at 9:48 pm. Melcher seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Janice Moyer, CMC, CMTW Clerk-Treasurer