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COMMITTEE OF THE WHOLE - MINUTES - 7/14/2005 COMMITTEE OF THE WHOLE – CITY OF MUSKEGO Approved MINUTES OF SPECIAL MEETING HELD JULY 14, 2005 8/25/05 Ald. Melcher chaired the meeting and called it to order at 7:01 PM. Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Damaske, Ald. Patterson, Ald. Buckmaster, Ald. Borgman, Ald. Melcher, Ald. Madden, Deputy Clerk Blenski and those per the attached list. Absent: Ald. Salentine and Ald. Schroeder. STATEMENT OF PUBLIC NOTICE The Deputy Clerk stated that the meeting was noticed in accordance with the opening meeting law. REVIEW MINUTES OF PREVIOUS MEETING Ald. Madden moved for approval of the June 9, 2005 minutes. Ald. Buckmaster seconded; motion carried. APPROVAL OF AGENDA Ald. Borgman moved to defer Item 1. under Unfinished Business and Item No. 4 under New Business. Ald. Madden seconded; motion carried. Ald. Melcher moved to defer Item No. 2 under Unfinished Business. Ald. Patterson seconded; motion carried. NEW BUSINESS Discuss Reconstruction of Janesville Road from Moorland Road to Racine Avenue Mr. Ed Hinrichs was present from the Waukesha County Department of Public Works. He stated that the County has slated the reconstruction of Janesville Road to begin in 2007 with the hiring of a design consultant. No money will be spent until then. Construction is scheduled for 2010 with a project cost of $22 million. Funding for the project has been in the County Executive’s Capital Budget. Currently there are three project plan options: A) A four-lane project plan from Moorland to Racine contingent on construction being completed within one year with scaled down width in some areas. B) A four-lane, two-phase project with each phase being completed back to back with no lag time between phases also with scaled down width in some areas. C) A four-lane, two-phase project spaced out with lag time between phases. Kathy Chiaverotti, Executive Director of the Muskego Area Chamber of Commerce, stated the County is asking that the City submit a resolution if it supports the conceptual plan for the reconstruction project. She stated the Janesville Road Work Group that has been formed, which is a subcommittee of the Muskego Chamber of Commerce, requests the same. In addition, the Work Group recommends and supports Option A. Committee of the Whole Page 2 July 14, 2005 Business owner Keith Hammitt said some businesses would be affected more than others. Andy Drefahl said he is a resident and business owner. He stated four lanes opens the potential for strip development. He would like consideration to be given to something other than four lanes. The citizens of the community should be involved in the proposals; this is a Muskego decision. The project should be looked at from a community perspective, not only a business perspective. The City could have a downtown. Ald. Melcher agreed that the City needs to look at all aspects of the project. Mayor Damaske said County Executive Finely wants to know if we are interested in the project. If yes, the money will stay in the budget. If no, the money comes out. The Council resolution should state that we agree with the County and support the project. Rick Petfalski said the County needs a little more direction for its five-year capital budget. Ald. Melcher stated he would like to attend the next Work Group meeting. Mr. Hinrichs stated the County wants to know if the City wants to hold its place for the project. Ald. Melcher would like to receive feedback from businesses on the three plan options. This should be a shared project. He suggested the City set up a work group. Ald. Buckmaster suggested informational hearings be held by Waukesha County and the City’s Public Works Committee. Mr. Hinrichs said one of the options is that the project could be completed in phases with the second phase waiting a few years after the first one is completed. Several aldermen expressed opposition to that plan. Ald. Patterson moved to place a resolution on the next Common Council agenda. Ald. Buckmaster seconded; motion carried. Ald. Melcher moved to extend the meeting time to 10:45 PM instead of 10:00 PM. Ald. Patterson seconded. Motion failed 3-2 with Ald. Buckmaster, Madden and Borgman voting “no” and Ald. Patterson and Melcher voting “yes.” Consider Change of Practice with Planning Department Considering Subdivision Association Guidelines Mr. Dan Draeger of the Lake Forest Architectural Control Committee was present. He would like to see the building permit process streamlined and information included regarding subdivision covenants. Ald. Borgman stated some subdivisions are older and there is no one to go to regarding covenants that may exist. Ald. Patterson said the City cannot take on the responsibility of enforcing subdivision covenants. Residents have to check these themselves. Ald. Buckmaster stated a covenant is a private contract. The City cannot take on the responsibility; we have no enforcement there. Some associations eventually go defunct. He does not support using taxpayer dollars for this and does not want the City to be involved. Mr. Draeger requested that at least a disclaimer regarding subdivision covenants be placed on any building permit. Mayor Damaske indicated Mr. Muenkel would work on this with Ald. Melcher noting that the Building Inspection Department needed to be involved as well. Report from Liaison Regarding June 23 Historical Society Meeting Ald. Melcher presented an update as the Council liaison to the Historical Society. The Historical Society is working on a mission statement and long-range plan. Ald. Melcher Committee of the Whole Page 3 July 14, 2005 reviewed correspondence sent to Mayor Damaske from an attorney representing the Society. One letter questions the locks being changed and the City’s possession of various documents. The Historical Society has requested to work at the site on July 16 and 17. Another letter addressed to the Mayor dated July 7, 2005 indicates the Society is working on compliance. Mayor Damaske said the lease was deferred for 90 days. He identified the three items the Historical Society has been requested to submit: 1.) completion date for an inventory of all the items in each building; 2.) mission statement; 3.) audit of financial records. These items are to be provided by August 19, 2005. The City will then review the information submitted. The Mayor stated the Historical Society would not be allowed in the buildings this weekend because they are not safe according to Engineer/Building Inspection Director Sean McMullen. He questioned the Historical Society’s financial commitment to the site. Mayor Damaske said the buildings belong to the City. Mr. McMullen is working on what it will cost to repair the buildings. In addition, records that were in some of the buildings were removed and taken to City Hall. Ald. Patterson suggested the Society be given the records needed to comply with the City’s request. Mayor Damaske stated he would discuss the issue with Mr. McMullen to see if someone could escort the Historical Society to look for the records needed. Gerald Boisits stated that the City’s Building Inspection Department has a responsibility to inform the Historical Society what must be done to fix the buildings. With the City’s position, the Society cannot proceed. He believes the Society has the right to access the buildings; no orders have been filed to the contrary. Ald. Patterson suggested that Ald. Melcher discuss with Sean McMullen in an effort to get things accomplished. Gerald Boisits stated in terms of attempting to fix the situation, the City should be complimented. This is bringing the Historical Society to the forefront, which will be beneficial. This is a good opportunity for both sides to work together to get things done. Ald. Melcher thanked the Historical Society for sharing their communication openly with him. Discuss Possible Salary Plan Adjustments This item was tabled indefinitely until the City Administrator comes on board. Discuss Establishing a Policy/Procedure for Placement of Items on the Common Council Agenda Discussion took place regarding placing items on the Council agenda. Ald. Patterson stated while the Mayor has the right not to put something on the agenda, the past practice has not been to exercise that right. Attorney Molter indicated a resolution or ordinance could be adopted to put a policy in place. Ald. Patterson suggested that if an alderman wanted to place an item on the agenda, another alderman would also have to sponsor the item. Mayor Damaske stated that is why we have committees. We have Committee of the Whole for discussion purposes. Ald. Madden agreed that debate on issues should take place at the committee level and not at Common Council meetings. Ald. Melcher discussed the issue with Dan Olsen of the League of Wisconsin Municipalities. Mr. Olsen indicated that the Mayor does not have control of the Council Committee of the Whole Page 4 July 14, 2005 agendas. Ald. Melcher would like to see an item on the Council agenda that would allow discussion of items to be placed on the next agenda. Ald. Buckmaster did not support any changes at this time. He agreed with Ald. Madden that items should come from the committees. Public input is needed at the committee level. Ald. Melcher stated a system of checks and balances is needed. There should be a written policy. Ald. Melcher would like to see an ordinance adopted to address this. Ald. Borgman disagreed saying we don’t need more ordinances. The Committee determined it was done with this issue for now and it did not need to be placed on a future agenda. Discuss Entrance to Plum Creek East to Apollo Drive (Industrial Park) Ald. Buckmaster stated the Public Works Committee would deal with this issue. Discuss Signing of Contracts by Municipal Officials Ald. Melcher again referred to Dan Olsen of the League who stated that no municipal official has unilateral authority to enter into a contract without the authority of the Council. The Council just affirmed the CGI contract that was not legal in the first place. He requested the item be deferred so Ald. Schroeder and Salentine could be present for discussion. Ald. Buckmaster moved to defer. Ald. Borgman seconded; motion carried. Discuss No Parking Ordinance for Cars with Trailers Along Bay Shore Drive Ald. Melcher stated he put this on because he is receiving complaints from constituents. Ald. Borgman stated it is a problem at every lake access around Little Muskego Lake. Ald. Buckmaster stated maybe there are too many public accesses. He would like to see research done to see if the number of accesses can be reduced. It was determined that the issue would be placed on the next Public Works Committee agenda. Mayor Damaske stated that parking in front of mailboxes also needs to be addressed. ADJOURNMENT Ald. Buckmaster moved to adjourn at 10:10 PM. Ald. Borgman seconded; motion carried. Respectfully submitted, Jill Blenski, CMC Deputy Clerk