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COMMON COUNCIL Minutes 20091013 COMMON COUNCIL - CITY OF MUSKEGO Approved: 10/27/2009 MINUTES OF MEETING HELD OCTOBER 13, 2009 The meeting was called to order at 7:40 p.m. by Mayor Johnson. Present were Ald. Fiedler, Schaumberg, Schneider, Werner, Borgman, Harenda, and Snead, and Clerk- Treasurer Moyer. Those present recited the Pledge of Allegiance. The Clerk stated that the meeting was noticed in accordance with the open meeting law on October 9, 2009. COMMUNICATIONS FROM THE MAYOR’S OFFICE Reso. #143-2009 - Honoring Muskego AFS USA Student Aasa Marli Owen. Ald. Borgman moved for adoption. Ald. Snead seconded. Motion carried 7 in favor. Reso. #144-2009 - Honoring Muskego AFS USA Student Ivaenia De Giacomi. Ald. Borgman moved for adoption. Ald. Snead seconded. Motion carried 7 in favor. Mayor Johnson presented the resolutions to the students. CONSENT AGENDA Ald. Borgman moved to approve the items under the Consent Agenda. Ald. Snead seconded. Motion carried 7 in favor. The following items were approved: Common Council Minutes of September 22, 2009 Operators’ Licenses for Nancy Black, Bobbie Bruchu, Aubry Burns, Trista Clements, Tiffany Douglas, Christina Marigomen, Loretta Mitchell, Chintan Patel, Suzette Roushia, Nicholas Whittaker, and Maureen Wiess Reso. #145-2009 - Resolution Authorizing the Mayor to Approve Vouchers Reso. #146-2009 - Authorization to Apply for a 2010 Urban Forestry and Urban Forestry Catastrophic Storm Grant Reso. #147-2009 - Approval of Certified Survey Map - Muskego Tire and Auto Reso. #148-2009 - Award of Bid for Hardtke Drive Storm Sewer Project (Hardtke Drive and Vine Street) Reso. #149-2009 - Approval of Reduction in Letter of Credit - Muskego Commerce Center East I Reso. #150-2009 - Approval of St. Paul’s Developer’s Agreement and Letter of Credit Reso. #151-2009 - Resolution Authorizing the Community Development Authority the Expenditure of Funds Not to Exceed $35,000 Relating to Requests for Proposals for Muskego Business Park Entry Signage Reso. #152-2009 - Acquisition of Permanent Water Main Easement - Radjenovich (Tax Key No. 2202.152) Reso. #153-2009 - Acquisition of Permanent Water Main Easement - Fugarino (Tax Key No. 2197.191) Reso. #154-2009 - Acquisition of Permanent Water Main Easement - Balcerak (Tax Key No. 2197.192) Common Council Minutes Page 2 October 13, 2009 Reso. #155-2009 - Acquisition of Permanent Water Main Easement - Wichgers (Tax Key No. 2202.151) REVIEW OF COMMITTEE REPORTS The following minutes were reviewed: 9/8/2009 Finance Committee, 9/2/2009 Public Works Committee, 11/18/2008 Conservation Commission and 9/1/2009 Plan Commission. OLD BUSINESS Ord. #1301 - An Ordinance to Amend Chapter 17 Zoning Ordinance, Section 13, of the Municipal Code of the City of Muskego (Wellhead Protection Overlay District). On the floor, deferred 9/22/2009. Ald. Fiedler moved to amend the ordinance to include adoption of the existing State DNR language. Ald. Schneider seconded. Ald. Fiedler stated that the Plan Commission made that recommendation at its last meeting. Motion carried 7 in favor. Ord. #1301, as amended, adopted 7 in favor. Ord. #1304 - An Ordinance to Amend the Zoning Map of the City of Muskego (Podziemski - RSE to B-3). Second Reading. Ald. Werner moved for adoption. Ald. Fiedler seconded. Ald. Fiedler stated that only one objection was received. He believes the property owner has done what he could to properly petition for the rezoning. The Plan Commission recommended approval. Motion carried 7 in favor. Ord. #1305 - An Ordinance to Amend Chapter 10, Section 10.05 (16), of the Municipal Code of the City of Muskego (Storage of Motor Vehicles). Second Reading. Ald. Fiedler moved for adoption. Ald. Schneider seconded. Motion carried 7 in favor. LICENSES Ald. Borgman moved to approve the Temporary License for the Sale of Wine for the Friends of Muskego Public Library on 11/13/2009. Ald. Werner seconded. Motion carried 7 in favor. VOUCHER APPROVAL Ald. Fiedler moved for approval of payment of Utility Vouchers in the amount of $303,805.27. Ald. Snead seconded. Motion carried 7 in favor. Ald. Fiedler moved for approval of payment of General Vouchers in the amount of $623,987.93. Ald. Snead seconded. Motion carried 7 in favor. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Ald. Fiedler congratulated the Muskego High School Girls’ Volleyball Team for being ranked No. 1 in the State. CLOSED SESSION Ald. Fiedler moved to convene into closed session pursuant to Wis. Stats. §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 Summons & Complaint - Parkland Venture, LLC. Ald. Schaumberg Common Council Minutes Page 3 October 13, 2009 seconded. Motion carried 7 in favor. Attorney Remzy Bitar was present on behalf of the City. OPEN SESSION Ald. Borgman moved to reconvene into open session at 8:25 p.m. Ald. Fiedler seconded; motion carried. ADJOURNMENT Ald. Harenda moved to adjourn at 8:27 p.m. Ald. Schneider seconded; motion carried. Janice Moyer, MMC, CMTW Clerk-Treasurer