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COMMITTEE OF THE WHOLE- MINUTES - 11/11/1998 CITY OF MUSKEGO (Approved) COMMITTEE OF THE WHOLE MINUTES OF MEETING HELD NOVEMBER 11, 1998 Mayor De Angelis called the meeting to order at 7:05 p.m. Also present were Aldermen Slocomb, Chiaverotti, Pionek, Patterson, Salentine, Deputy Clerk Blenski. Alderman Sanders arrived at 8:50 p.m. just prior to closed session and Alderman Woodard was not present. The Deputy Clerk stated the meeting was noticed in accordance with the Open Meeting Law. Ald. Patterson moved to approve minutes of 8/12/98, 9/24/98, 10/1/98 and 10/15/98 meetings. Ald. Slocomb seconded, motion carried. The Mayor read the Notice of Closed Sessions. OLD BUSINESS Item No. 1 - Discuss Land/Location for Community Center Ald. Slocomb stated he has a sense that we will not develop a formal plan to locate land for a community center at this time. We will see what happens with other development throughout the City. The Mayor stated he met with Mr. Washa and his group is ready to go. The group wants to have a site before proceeding. It is difficult to raise money without a place for people to visualize. The Mayor has discussed the site on Janesville Road that was part of the Carity development with them. Mr. Carity is rethinking the proposed development. Mayor De Angelis stated that a parcel consisting of between six and ten acres was needed for the project. The consensus was that the Janesville Road site was a good location. The City will pursue looking at other options if the site on Janesville Road in connection with Mr. Carity’s development falls through. Discussion also took place about future park development with Ald. Pionek suggesting that neighborhood detention ponds be reviewed for possible future park development around them. The Mayor noted that large parcels of land would be necessary to accomplish. He also stated that the Parks and Recreation Board is reviewing their Parks and Open Space Plan. Now is the time to talk to them. The Mayor does not believe it is the Board’s intent to site another regional size park. Ald. Pionek stated we should keep the park land that we have. Ald. Salentine agreed; citizens have asked the City to preserve country and open space. Ald. Pionek noted that the civic/community center should not be located inside a neighborhood, or where substantial wetlands exist. It was requested that the item be placed on the January meeting agenda for an update. Item No. 2 - Discuss Status of Emergency Government Committee of the Whole Page 2 Minutes of Meeting Held November 11, 1998 The Mayor distributed a memo from Intern Dave Bajkiewicz indicating where he left off on this project. Dave is currently working on rewriting and updating the plan. The idea is that each member of the core team would have an emergency manual. Dave has worked with the County and other municipalities to obtain information. The Mayor stated use of current staff is preferable, as well as an in-house emergency coordinator. Any suggestions as to who the coordinator should be can be submitted to Dave or the Mayor. Item. No. 3 - Discuss Extension of Moorland Road (Alignment and Cost) Ald. Slocomb stated we should nail down where the extension is going to be and get the center alignment and configuration established. The information could be given to potential developers. The Mayor stated he discussed with City Engineer Zoppa. It depends on how close you want to be and how much money you want to spend. If you want to survey the entire area, it will be timely and costly. It could be done off of new topo maps and existing soils maps. The proposal for Ruekert & Mielke to perform was costly. Ald. Salentine stated it is something that needs to be done and the City should take the initiative. The Mayor stated the road is currently on our road maps as being the extension of Moorland Road. We do not have a defined center line with a metes and bounds description identifying the exact location. It is a rough sketch. Ald. Pionek stated he has asked for alignment since February. Ald. Slocomb stated there are hurdles to get over. One of them is what are we going to do with possible extension further south. It was noted that City Engineer Zoppa would review alternatives, those previously presented and any other possibilities. He would discuss at Public Works Committee. Ald. Chiaverotti stated the alternative which bypasses the section of Durham still needs to be reviewed and considered even though it would be costly. Some of the past discussions regarding the alternatives to extend the road relating to curves, radiuses, and wetlands were reviewed. Ald. Slocomb stated we cannot do the alignment until the criteria is established. Mayor stated it should go back to Public Works Committee to review with input from City Engineer Zoppa. He also stated if alignment changes significantly, the public must be notified. Item No. 4 - Discuss Status of Town of Vernon Border Agreement The Mayor noted this item would be discussed in closed session. Item No. 5 - Discuss Status of Adopt a Road This issue was supposed to go the Public Services Committee to determine roads, etc. and appears to have fallen through the cracks. Ald. Patterson asked for input. Only main, municipal roads would be affected. It will be placed on the next committee agenda for discussion. Item No. 6 - Zoning/Rezoning Education Session/Materials The Mayor stated he will work with Plan Director Matt Sadowski. Nothing has been set up yet. It is possible to have some type of presentation through the City’s attorneys, or the League of Wis. Municipalities. Committee of the Whole Page 3 Minutes of Meeting Held November 11, 1998 Item No. 7 - Update on Linnie Lac Dam Ald. Salentine stated that the DNR gave them until March of 1999 to come up with a plan and until November of 1999 to have dam rebuilt or removed. Ald. Salentine reported that the Little Muskego Lake District heard from the Linnie Lac District that the City was working with them regarding the removal of soil material. She is concerned that people believe this but the City has no knowledge of the matter and has no plan in place. Ald. Pionek stated he saw people were at the dam taking soil borings. He also stated that New Berlin has had a poor erosion control policy. The City of Muskego is receiving all this gook from New Berlin. Ald. Salentine stated she discussed with Kristy Rogers who indicated it could come under the Clean Water Act. The Mayor responded it may be possible but he was not sure what the criteria was. Ald. Salentine asked what will be accomplished by spending City grant funds and funds from the LML District to clean up Jewel Creek when this keeps coming across the street? Ald. Pionek asked if we could consult with legal counsel to see if anything could be done. The Mayor stated he will investigate. NEW BUSINESS Item No. 1 - Acquisition of Additional Park Land Ald. Slocomb asked if there was a sense of timing that the Parks & Recreation Board had. Ald. Patterson responded that there is nothing formal. The Board is looking for guidance and input from the Council. Ald. Slocomb stated that the Board should present a list of the areas for future park expansion to the Council. The Mayor noted that Craig Anderson is an active participant in the DNR land preservation effort around Big Muskego Lake. He stated this may have an impact on future park plans and there could be a combination of efforts regarding future planning. Ald. Slocomb noted that some rules may have to change. Item No. 2 - Review Naming Ordinance A draft ordinance was prepared by Intern Dave Bajkiewicz. The committee members questioned if the naming criteria was for persons alive or deceased. The Mayor responded that under naming of public waters, the ordinance states that the Names Council policy requires that a geographic feature not be named after a living person. The Mayor further stated that under naming of public facilities, there is no such restriction. Ald. Slocomb moved to change paragraph (2) under 20.12 Naming of Public Waters to indicate the committee’s desire to name a geographic feature after a person deceased or living. Ald. Salentine seconded; motion carried. Ald. Pionek moved to delete the last sentence in paragraph (2) under 20.12 Naming of Public Waters. Ald. Slocomb seconded; motion carried. The Mayor clarified that paragraph (3) under 20.12 was a statement of fact. If names are proposed and done and not in compliance with the Geographic Names Council policies or not approved by the Council, they will not be recognized on maps outside the City. The Mayor noted that the City does not have any existing policy or ordinance governing naming criteria. Ald. Pionek moved to submit to City Attorney for review and then to the Common Council. Ald. Patterson seconded; motion carried. Committee of the Whole Page 4 Minutes of Meeting Held November 11, 1998 Item No. 3 - Discuss Fireworks Permit Display Regulations Ald. Woodard initially placed this matter on a previous (COW) agenda. Ald. Salentine asked that discussion begin on this issue even though Ald. Woodard could not be in attendance at this meeting. Ald. Salentine displayed various fireworks that she indicated were obtained from one constituent’s roof. When a call was made to the Police Department, the department’s response was that they have a permit. In some residential areas, the lots are only 50’ wide. Ald. Salentine stated we need to give Police more parameters or keep out of the close residential neighborhoods. Ald. Patterson asked if a neighborhood dispute was involved. Ald. Salentine stated absolutely not. Ald. Patterson stated this is the first time he has seen this situation when a permit was taken out. He further stated that in discussions he has had with Police Chief Johnson, the Chief believes that whether the City has specific regulations in an ordinance or not, there is not enough police power to patrol. Ald. Slocomb noted that they do respond to complaints. Ald. Patterson stated he believes it is better to have an ordinance giving people guidelines and encouraging the use of supervision than not to have an ordinance and allowing them to do anything. Mayor De Angelis stated that additional requirements may need to be added to the ordinance. Ald. Pionek stated it was his understanding that language already existed in the ordinance, or was on the permit. Ald. Pionek reviewed Chapter 9 of the Municipal Code regarding fireworks. He noted that it says, “Wind direction at the time of use shall be away from buildings or other combustible materials and structures and shall not carry fireworks onto any adjoining buildings or so as to cause annoyance or danger to other persons or property.” The Mayor noted that ordinances banning fireworks in other municipalities have not stopped them from being discharged. You are better trying to regulate and educate people. Ald. Chiaverotti believes that the ordinance language is provided to individuals when they obtain a permit. It was the consensus of the committee that this was about enforcement. Ald. Patterson moved to send written notification to the Chief to enforce fireworks regulations with discretion in accordance with the ordinance. Having a permit does not give people carte blanche. Ald. Pionek seconded; motion carried unanimously. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Ald. Pionek stated that Officer Gary Mrotek was giving a presentation at 7:00 p.m. during the 11/12 Little Muskego Lake District meeting regarding lake regulations. The aldermen were encouraged to attend. Ald. Patterson requested that the presentation be recorded and put out over the air at future dates. The December calendar was briefly reviewed. The aldermen determined that a Committee of the Whole meeting would not be held a meeting in December. Ald. Pionek determined that the 12/28/98 Public Works Committee meeting should be canceled. CLOSED SESSIONS There was no need to go into closed session regarding contracts for fire departments. Committee of the Whole Page 5 Minutes of Meeting Held November 11, 1998 Ald. Salentine moved to convene into closed session pursuant to §19.85(1)(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 discussion of a possible border agreement with the Town of Vernon. Ald. Chiaverotti seconded; motion carried 5-0. Alderman Sanders arrived at 8:50 just prior to the committee adjourning into closed session. The deputy clerk was dismissed. Ald. Sanders moved to convene into open session. Ald. Salentine seconded; motion carried 6-0. Ald. Slocomb moved to adjourn at 9:10 PM. Ald. Pionek seconded, motion carried. Respectfully submitted, Jill Blenski, CMC Deputy Clerk jmb