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COMMON COUNCIL Minutes 05-27-1997COMMON COUNCIL - CITY OF MUSKEG0 APPROVED 6/10/97 MINUTES OF THE MEETING HELD MAY 27, 1997 The meeting was called to order at 8:06 P.M. by Mayor De Angelis. Also present were Aldermen D'Acquisto, Patterson, Pionek, Salentine, Marenda, Finance Director Gunderson, Planning Director Sadowski, and Sanders, Slocomb, and Woodard, City Attorney Molter, Clerk-Treasurer Deputy Clerk Blenski. The Clerk-Treasurer reported that the meeting was noticed in accordance with the Open Meeting Law on 5/23/97. NEW BUSINESS Reso. #109-97 - Honoring City of Muskego Eagle Scout James Nimmer, Jr Salentine moved for adoption. D'Acquisto seconded. Carried 7-0. D'Acquisto moved for adoption. Pionek seconded. Carried 7-0. Reso. #110-97 - Honoring City of Muskego Eagle Scout Joseph M. Asti. Reso. #Ill-97 - Honoring City of Muskego Eagle Scout Keith J. Satorius. D'Acquisto moved for adoption. Patterson seconded. Carried 7-0. Reso. #112-97 - Honoring Eagle Scout Nicholas C. Heckel. Sanders moved for adoption. Slocomb seconded. Carried 7-0. The Mayor presented each Eagle Scout with his Resolution and acknowledged the contributions made to the community as a result of their projects. D'Acquisto moved to adjourn at 8:20 PM to hold scheduled public hearing and to reconvene following hearing. Salentine seconded, carried. The Council reconvened at 9:24 PM. Salentine moved for approval of the minutes of the 5/13/97 meeting Woodard seconded, carried. Clerk-Treasurer read the Notices of Closed Sessions. COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor read Proclamation for Relay for Life Weekend (June 20-21). COMMITTEE REPORTS Sanders moved for acceptance of 5/21/97 minutes of the Committee of the Whole meeting. Pionek seconded, carried. Salentine moved for acceptance of the 5/21/97 and 5/27/97 minutes of the Finance Committee meetings. Sanders seconded, carried. D'Acquisto moved for acceptance of the 5/14/97 minutes of the Public Works Committee meeting. Pionek seconded, carried. Utilities Committee meeting. Woodard seconded, carried. Sanders moved for acceptance of the 5/10/97 minutes of the Public Minutes of the 5/20/97 Plan Commission Meeting were received and placed on file. Common Council Minutes May 27, 1997 Page 2 OLD BUSINESS Reso. # 70-97 - A Resolution Directing the Establishment of a Cable TV Board, on the floor, deferred 4/8/97. D'Acquisto moved to table to bring back revised proposal. Salentine seconded, carried. D'Acquisto moved to convene into Closed Session, pursuant to §19.85(l)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other require a closed session, more specifically acquisition or lease of specified public business, whenever competitive or bargaining reasons Parkland Mall, and discussion as to hiring a consultant regarding the same. Slocomb seconded. Carried 7-0. The Council reconvened into Open Session. The Finance Director was not present following Closed Session. Agreement and Letter of Credit - (Dilworth/Berg). Salentine moved for Reso. #118-97 - Approval of Certified Survey Map, Developer's Agreement as follows: Sec. 11, first sentence of second paragraph adoption. D'Acquisto seconded. D'Acquisto moved to amend Developer's (pg. 4) to read "If the improvements set forth in Section I. have not been completed within 12 months of the date of this Agreement, the City may allow, at its sole discretion, Developer to extend the Letter of Credit set forth in Section XI1 hereof in a form acceptable to the City for a period of time acceptable to the City"; Sec. XII, first sentence of third paragraph (pg. 7) to read "Upon written request by Developer, City shall approve and authorize reductions of the Letter of Credit for Completed Work upon approval of the City engineers or other appropriate City officials." Salentine seconded, carried. Sanders moved to further amend to add "and further verification of the dollar amount for erosion control" to the BE IT FURTHER RESOLVED. Slocomb seconded, carried. Reso. #118-97, as amended, adopted 7-0. Mr. Sadowski was dismissed at 10:25 P.M. Reso. #113-97 - Resolution of Support for City Participation in the Crime Stoppers Program. Sanders moved for adoption. Woodard seconded. Carried 7-0. Reso. #114-97 - Resolution Authorizing City Attorney to Proceed with Legal Action Against Sanitary District No. 1 of the Town of Norway. Noted closed session not required. D'Acquisto moved for adoption. Sanders seconded. Carried 7-0. Official Intent Under Reimbursement Bond Regulations. Slocomb moved Reso. #115-97 - Resolution Designating Officials Authorized to Declare for adoption. Salentine seconded. Carried 7-0. Reso. #116-97 - Award of Bid - Loomis Drive Reconstruction. Removed from the agenda. Reso. #117-97 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road Right-of-way in the City of Woodard seconded. Carried 7-0. Muskego, Wisconsin (Durham Drive). Salentine moved for adoption. Reso. #119-97 - Approve New Position for 1997 - Planning Intern. D'Acquisto moved for adoption. Sanders seconded. Carried 7-0. Common Council Minutes May 27, 1997 Page 3 Reso. #120-97 - Final Resolution Authorizing Installation of Sewer Properties (Hi View Sanitary Sewer Projects MSS-1-97 and MSS-2-97; Improvements and Levying of Special Assessments Against Benefited Assessment District "SL"). Sanders moved for adoption. Slocomb seconded. Carried 7-0. Reso. #121-97 - Award of Bid - Hi View, East of Acker/North Cape Sewer Project (MSS-1-97). Sanders moved for adoption. Woodard seconded. Carried 7-0. Reso. #122-97 - Award of Bid - Hi View, Acker Drive Sewer Project (MSS-2-97). Sanders moved for adoption. Slocomb seconded. Carried 7-0. Reso. #123-97 - Rejection of All Bids - Holz Drive Sewer Project. Slocomb moved for adoption. Sanders seconded. Carried 7-0. Reso. #124-97 - Acceptance of Offer to Purchase - Muskego adoption. Sanders seconded. Carried 7-0. Industrial/Business Park - Warner Cable. Salentine moved for Reso. #125-97 - Granting Placement of Water Ski Jump on Bed of Little Muskego Lake and Placement of Pier at Idle Isle (Water Bugs Ski Team). Patterson moved for adoption. Slocomb seconded. Carried 7-0. Reso. #126-97 - Approval of Practice/Show Dates on Little Muskego Lake (Water Bugs Ski Team). Patterson moved for adoption. Slocomb Agreement was amended per 5/27 Finance Committee minutes. seconded. Carried 6-1 with D'Acquisto voting "no." Mayor noted moved for adoption. Sanders seconded. Carried 7-0. Reso. #127-97 - Approval of Certified Survey Map - Lowe. Salentine Reso. #128-97 - Resolution to Establish Fee and Refundable Portion - Operator's License. Salentine moved for adoption. Slocomb seconded. Carried 7-0. Reso. #129-97 - Resolution Indicating Support of Assembly Bill 262 and D'Acquisto moved for adoption. Salentine seconded. Carried 7-0. Senate Bill 150 by the Common Council of the City of Muskego. Reso. #130-97 - Support of State Transportation Funding for Local Governments. Salentine moved for adoption. D'Acquisto seconded. Carried 7-0. Ord. #929 - An Ordinance to Amend Chapter 20, Section 20.03 and Waters and Beaches). First Reading Section 20.10 (3) of the Municipal Code of the City of Muskego (Public Ord. #930 - An Ordinance to Amend Chapter 28, Section 28.04 (10) of the City of Muskego Municipal Code (Water Utility Ordinance). First Reading. Ord. #931 - An Ordinance to Amend the Zoning Map of the City of Muskego from RS-2 to RS-Z/OIP (Muskego-Norway School District). First Reading. Common Council Minutes May 27, 1997 I Page 4 I Germaine Thomas and Amy Russo. Sanders seconded, motion carried. D'Acquisto moved for approval of Operators' Licenses for for Linda Moore (Linda's Place). The amendment is to include the D'Acquisto moved for approval of amendment to the premise description picnic area contingent upon the area being fenced to separate the premise from the Gun Club property. Salentine seconded. Carried 7-0. D'Acquisto moved for approval of a Class "B" Beer License for Schultz Resort Rod & Gun Club. Sanders seconded. Carried 7-0. VOUCHER APPROVAL D'Acquisto moved for approval of General Vouchers in the amount of $413,960. Sanders seconded. Carried 7-0. Sanders moved for approval of Utility Vouchers in the amount of $109,307.42. Woodard seconded. Carried 7-0. CITY OFFICIALS' REPORTS Clerk-Treasurer noted the following public hearings will be held on 6/10: 7:20 PM petition to rezone the Schweitzer property in the NE the NE 1/4 of Section 4 and NW 1/4 of Section 31 from RSE to RSE/OIP 1/4 of Section 13 from R-2 to RSE; 7:25 PM petition to rezone land in for location of Park Arthur; 1:35 PM petition to amend Chap. 14 of the Floodplain Zoning Ord. to adopt a revised map. The Mayor noted a special Council meeting would be held at 7:30 PM on 5/29. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Discussion took place regarding the creation of Comprehensive Plan Review Committee. D'Acquisto moved to convene into Closed Session pursuant to §19.85(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 likely to become involved, more specifically contract dispute with Gustafson regarding Boxhorn, Ryan, Groveway Sewer Project. Sanders D'Acquisto moved to convene into Closed Session pursuant to seconded. Carried 7-0. §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. Salentine seconded. Carried 7-0. The Clerk-Treasurer and Deputy Clerk were dismissed at 11:05 P.M. Upon reconvening into Open Session, Salentine moved to adjourn at 11:32 PM. Pionek seconded, carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, An K. Marenda, CMC bferk-Treasurer VOUCHER TOTALS GENERAL FUND: BOARD CHECKS (regular) VOIDED CHECKS END OF MONTH WIRE TRANSFER TOTALS : TAX CHECKS: UTILITIES: SEWER: e BOARD CHECKS VOIDED CHECKS END OF MONTH WIRE TRANSFER SINKING FUND (regular) WATER: BOARD CHECKS (regular) VOIDED CHECKS END OF MONTH WIRE TRANSFER TOTAL UTILITY VOUCHERS: CK# - AMOUNT