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COMMON COUNCIL Minutes 01-28-1997COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF THE MEETING HELD JANUARY 28, 1997 Approved 2/11/97 Also present were Aldermen D'Acquisto, Patterson, Pionek, Rasmussen, The meeting was called to order at 7:47 P.M. by Mayor De Angelis. Marenda, Planning Director Sadowski and Deputy Clerk Blenski. Salentine, Sanders, and Suhr, City Attorney Molter, Clerk-Treasurer The Clerk-Treasurer reported that the meeting was noticed in accordance with the Open Meeting Law on 1/24/97. Salentine moved for approval of the minutes of the 1/14/97 meeting. Suhr seconded. Pionek requested paragraph regarding minutes of the Public Services Committee meeting be clarified to add "aqricultural sales in residential areas" at the end of the sentence "Other communities do not allow." Motion carried. Clerk-Treasurer read the Notice of Closed Session. COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor read Proclamation for Vocational Education Week - 2/9 - 2/ Mayor announced the amointments to Lake Access Review Committee 15 Aliermen Salentine (chair), D'Acquisto and Pionek, Gerald Kreuzer, Ken Fries, Dale Reimer, and Howard Schneider. The first meeting is scheduled for 1/30 with a DNR rep to be present. Mayor stated MMSD has requested City representation on the technical review board for the new facilities plan. PERSONAL APPEARANCES Don Vilione presented a summary of the City's TIF Reports for 12/31/95. Muskego from EA to A (Huckstorf). Second Reading. Salentine moved Ord. #915 - An Ordinance to Amend the Zoning Map of the City of for adoption. Suhr seconded. Carried 7-0. Ord. #916 - An Ordinance to Amend the Zoning Map of the City of Muskego from RS-2 to RS-2/0IP (Muskego-Norway School District). Second Reading. Mr. Sadowski presented an overview of the petition to rezone the 40-acre site. He stated that the Plan Commission did not recommend approval due to wetland concerns and sewers not being available. Motion to approve defeated 7-0. D'Acquisto stated the reasons for defeat were the unresolved issues regarding wetlands and sewers. Sanders stated he voted against reluctantly. In time, the issues may have been resolved. However, time is of the essence and the School Board needs an answer. Mayor stated he has met with school district representatives to review alternative sites to move the project forward. Plan Director Sadowski was dismissed at 8:29 P.M. COMMITTEE REPORTS Suhr moved for acceDtance of the minutes of the 1/23/91 Committee of - the Whole Meeting. Salentine seconded, carried. D'Acquisto moved for acceptance of the minutes of the 1/22/97 and 1/28/97 Finance Committee Meetings. Suhr seconded, carried. Sanders moved for acceptance of the minutes of the 1/20/97 Public Utilities Committee Meeting. Salentine seconded, carried. Common Council Minutes January 28, 1997 Page 2 Minutes of the 1/21/97 Plan Commission Meeting, 12/18/96 Library Board Meeting and 1/13/97 Parks E, Recreation Board Meeting were received and placed on file. Ord. #911 - An Ordinance to Amend Chapter 12, Section 12.03 (7)(a) of the Municipal Code of the City of Muskego (Peddlers, Canvassers and Transient Merchants-Fees). Second Reading. Salentine moved for adoption. Rasmussen seconded. Carried 7-0. Ord. #912 - An Ordinance to Amend Chapter 9, Section 9.03 (2), of the Municipal Code of the City of Muskego (Sale of Fireworks). Second Reading. Discussion took place regarding the language of the proposed amendment relating to use of fireworks and what the intent was. The proposed amendment may conflict with the current Municipal Code and state statute. D'Acquisto moved to defer Ord. #912. Rasmussen Patterson, Pionek, Rasmussen and Sanders voted "no" with D'Acquisto, seconded. D'Acquisto called for the question. Patterson objected. to defer include that the issue go back to Public Services Committee Salentine, and Suhr voting "yes." Patterson suggested the the motion Committee carried. to review; D'Acquisto and Rasmussen agreed. Motion to defer to Ord. #913 - An Ordinance to Amend Chapter 17, Section 6.04 (4) G. 5. and Chapter 12, Section 12.10 of the Municipal Code of the City of Muskego (Trailers). Second Reading. Salentine moved for adoption. Rasmussen seconded. Patterson had questions and moved to defer to send back to Public Services Committee. D'Acquisto seconded, carried. Ord. #914 - An Ordinance to Amend Chapter 9, Section 9.01 (2) (b) of Trap, Rifle). Second Reading. Suhr moved for adoption. D'Acquisto the Municipal Code of the City of Muskego (License Fee: Archery, seconded. Carried 7-0. Reso. # 7-97 - Approval of Certified Survey Map - Meinen. On the floor, deferred 1/14/97. Salentine moved to defer. Rasmussen seconded, carried. Reso. #lo-97 - Approval of Certified Survey Map - Huckstorf. Salentine moved for adoption. Sanders seconded. Carried 7-0. Reso. #11-97 - Authorize Execution of Agreement with Diggers Hotline, Inc. Sanders moved for adoption. Salentine seconded. Mayor stated the City has to participate. Motion carried 7-0. Reso. #12-97 - Resolution to Establish Fees. Suhr moved for adoption. permit to $25. Patterson agrees and fears that if fee is too high, Rasmussen seconded. D'Acquisto opposes increase for Use of Fireworks people will not obtain permit. Rasmussen disagrees saying the increase appears substantial because we do not increase fees often enough. The budget was prepared using the $25 amount. If the fee is not increased the projected revenue will not be obtained. D'Acquisto moved to not increase the $10 Use of Fireworks permit fee. Patterson seconded. Motion defeated 3-4 with Pionek, Rasmussen, Sanders and Suhr voting "no" and D'Acquisto, Patterson and Salentine voting "yes." Clerk-Treasurer Marenda requested that the Council review the proposed fee for rifle, trap and archery to $10.30. Sanders moved to leave the fee at $10. Patterson seconded. Carried 7-0. Reso. #12-97, as amended, adopted 5-2 with D'Acquisto and Salentine voting "no." Common Council Minutes January 28, 1997 Page 3 Reso. #13-97 - Amendment to 1996 Budget. Sanders moved for adoption. D'Acquisto seconded. Carried 7-0. Reso. #14-97 - Designating 1996 Unexpended Capital Project Funds to be Carried Over into 1997. Suhr moved for adoption. D'Acquisto seconded. Carried 7-0. Reso. #15-97 - Authorizing the Hiring of Utility Maintenance Employee at Six-Month Salary Rate. Sanders moved for adoption. D'Acquisto seconded. Carried 7-0. Reso. #16-97 - Authorizing the Hiring of Telecommunicator at 24-Month Salary Rate. D'Acquisto moved for adoption. Suhr seconded. Carried 7-0. Reso. #17-97 - Relocation Order (North Cape Road Pumping Station-Schweitzer). Rasmussen moved for adoption. Salentine seconded. Carried 7-0. Reso. #18-97 - Appointment to Metro Landfill Monitoring Committee (Donald Counter). Suhr moved for adoption. Rasmussen seconded. Carried 7-0. Ord. #917 - An Ordinance to Amend Chapter 29, Sections 29.03 and 29.09 First Reading. (1) of the Municipal Code of the City of Muskego (Erosion Control). Ord. #918 - An Ordinance to Amend Chapter 8, Section 0.01, Section 8.01 (1) of the Municipal Code of the City of Muskego (Street Widths). First Reading. LICENSES D'Acauisto moved for ODerators' Licenses for Ruthi Gossette, Deborah Olsoi, Kristin Westerlhd, Jeffrey Posbrig and Kevin Niezgoda. Suhr seconded, carried. D'Acquisto moved for approval of Gathering Permit and Races on Ice Permit for Muskego Icetronauts for 2/16/97. Suhr seconded, carried. D'Acquisto moved to defer "Class B" Liquor/Beer License for The Cleary Corp. (J.C. Hammers). Suhr seconded, carried. VOUCHER APPROVAL D'Acquisto moved for approval of General Vouchers in the amount of $569,252.07. Sanders seconded. Carried 7-0. Sanders moved for approval of Utility Vouchers in the amount of $245,386.86. Rasmussen seconded. Carried 7-0. D'Acquisto moved for approval of Tax Checks in the amount of 21,299.01. Sanders seconded. Carried 7-0. CITY OFFICIALS' REPORTS Clerk-Treasurer announced a public hearinq will be held at 7:25 P.M. on 3/11 to consider petition-to rezone property in the SE 1/4 of Section 8 from RS-2 to RS-2/00S. The Clerk requested review of the Feb. calendar and 2/13 COW agenda. COMMUNICATIONS h MISCELLANEOUS BUSINESS Patterson conaratulated the MHS cheerleadina sauad who became state champions at the WACTC Division I champions6ip.- Rasmussen asked about the next Newsletter. The Mayor stated it will be done in house and should be out in March. Common Council Minutes January 28, 1997 Page 4 CLOSED SESSION D'Acuuisto moved to convene into Closed Session Dursuant to S19.85(l)(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 connections with Town of Norway Sanitary District, and likely to become involved, more specifically dispute over sewer S19.85(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 require a closed session, more specifically acquisition of Parkland Mall, and Sl9.85(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 Compensation and Classification Study Preliminary Final Report. Pionek seconded. Motion carried 7-0 for each roll call vote were dismissed at 9:40 P.M. on the three closed sessions. The Clerk-Treasurer and Deputy Clerk The Council reconvened into Open Session and Patterson moved to adjourn at 10:45 P.M. Sanders seconded, carried. (Minutes taken and transcribed by Jill Blenski.) Respectfully submitted, K. Marenda, CMC erk-Treasurer e GENERAL FUND: BOARD CHECKS VOUCHER TOTALS e VOIDED CHECKS (regular END OF MONTH END OF YEAR (qb ) WIRE TRANSFER TOTALS : .TAX CHECKS: UTILITIES : SEWER: BOARD CHECKS (requ VOIDED CHECKS .- ,lar) END OF MONTH END OF YEAR ( 96 ) WIRE TRANSFER SINKING FUND WATER : BOARD CHECKS (regular) . VOIDED CHECKS END OF YEAR END OF YEAR ( (?b ) WIRE TRANSFER TOTAL UTILITY VOUCHERS: ( 94 ) TOTAL UTILITY VOUCHERS: ( 97 ) TOTAL UTILITY VOUCHERS : ( qh9.97 ) COUNCIL DATE /-Jf-7,7 /, 55-4 39 ,