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COMMITTEE OF THE WHOLE Minutes - 6/9/2015 Unapproved CITY OF MUSKEGO COMMITTEE OF THE WHOLE MINUTES June 9, 2015 5:45 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 5:48 pm. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Aldermen Wolfe, Borgman, Kapusta, Kubacki and Madden. Aldermen Hammel and Engelhardt arrived at 5:57 pm. Also present: City Attorney Eric Larson and Deputy Clerk Blenski. STATEMENT OF PUBLIC NOTICE Ms. Blenski stated the meeting was properly noticed. APPROVAL OF AGENDA APPROVAL OF MINUTES Alderman Borgman made a motion to approve the May 26, 2015 minutes. Alderman Kubacki seconded. Motion Passed 7 in favor. NEW BUSINESS 1. Discussion and possible action to prevent future difficulties with Councils Rights to reconsider Votes/Actions, including resolution of current issues regarding Ordinance #1396 Mayor clarified Municipal code 2.16 that was referenced in Ald. Borgman’s email to all of the Aldermen yesterday. Mayor also clarified the process for an Alderman to place an item on the Council agenda that was determined by the Council at the recommendation of the City Attorney just a couple of years ago whereby “future agenda items” was added to the Council agenda. This item has been discussed every few years since 2005. Alderman Wolfe requested clarification of amended agenda vs. an alderman adding something to the agenda. Attorney Larson provided clarification noting that agenda items are set by the Mayor but come from committee or staff. Staff is knowledgeable of the laws applicable. Alderman Wolfe inquired if staff could more readily respond to residents that submit a petition as to whether it meets requirements. Attorney Larson stated that staff should not respond on the spot and cannot provide legal advice. Petitions should have proper review, consult with the City Attorney and then communicate sufficiency or deficiency to the Common Council. The petitions are submitted to the Council and the City Attorney and staff report to the Council. Attorney Larson clarified how a reconsideration can be addressed which involves an Alderman making a motion under Future Agenda Items at the same meeting the item was adopted. A second and majority vote would need to follow to be placed on the next agenda. Alderman Kubacki offered the reconsideration process in private sector as compared to public sector and suggested the question be asked of the Council under Future Agenda Items if there is any reconsideration. Alderman Madden asked Alderman Borgman why he changed his mind on ordinance #1396 when he so passionately voted for it just two weeks earlier. Alderman Borgman stated that after the vote he received a phone call from the developer, Mr. & Mrs. Jewel. Alderman Borgman inquired of them if they had submitted a road access request to the County yet. The Mayor clarified that this and many other items are included in the BSO with the approval being contingent on the BSO and is consistent with best practices for developments. Alderman Madden reminded the Council that the City has worked very hard for many years to have the good reputation we currently have for working with business and developers and added restrictions would take back us backward. Alderman Borgman called attention to the recent ordinance #1396 approval stated “contingent on the Building Site and Operation Plan approval.” It is his opinion the ordinance and rezoning has not taken effect. Attorney Larson’s legal opinion is that it has taken effect upon publishing of the ordinance after approval. Alderman Borgman suggested the boiler plate be changed and that all approvals including easements, accesses, full plans, etc. be submitted and approved before an ordinance for rezoning can take place. The Mayor noted the City’s process is consistent with best practices for planning and development and in line with other municipalities. The Mayor acknowledged that the Council can determine its own rules in this matter but this action would significantly impact development in the City and could bring it to a halt. No more discussion took place. 2. Presentation by City Attorney Eric Larsen regarding Open Meeting and Public Records Laws Attorney Larson did a brief overview of the Open Meeting Law, Public Records and Ethics for Municipal Officials. A copy of the presentation is available at the City of Muskego Clerk's office. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Possible reconvening of the Committee of the Whole immediately following Common Council Meeting of the same date to continue work on agenda items Alderman Kubacki made a motion to adjourn at 7:04 pm. Alderman Madden seconded. Motion Passed 7 in favor.