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COMMON COUNCIL Agenda 20061212 CITY OF MUSKEGO COMMON COUNCIL AGENDA DATE: DECEMBER 12, 2006 TIME: 7:30 PM REGULAR MEETING LOCATION: Muskego City Hall, Muskego Room W182 S8200 Racine Avenue, Muskego, Wisconsin CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE COMMUNICATIONS FROM THE MAYOR’S OFFICE PUBLIC COMMENT City Residents and Taxpayers Only – limited to items under Consent, Resolutions and Ordinances on this agenda. Comments will be limited to two minutes per speaker. There will be no discussion by/with the Common Council during Public Comment. PUBLIC HEARING To consider petition of Ener-Con Companies LLC to rezone property on Janesville Road (between Parkland Drive and Bay Lane Drive) from B-4/OPD/OWP Highway Business District with a Planned Development Overlay with a Wellhead Protection Overlay and RS-2/OIP/OWP Suburban Residence District with an Institution and Public Service Overlay with a Wellhead Protection Overlay to B- 4/OPD/OWP Highway Business District with a Planned Development Overlay with a Wellhead Protection Overlay. The current Planned Development zoning was in effect but was never utilized and now a new Mixed Use development is planned for the area. CONSENT AGENDA Items listed under consent agenda will be approved in one motion without discussion unless any Council member requests that an item be removed for individual discussion. That item then can be acted on separately at the same meeting under the part of the meeting it would normally appear. Approval of Common Council Minutes of 11/28/2006 Reso. #221-2006 Appointment of Election Officials by Mayor of the City of Muskego Reso. #222-2006 Resolution for Approval of 2007 Wage Increase for Nonrepresented Employees of the City of Muskego Reso. #223-2006 Resolution to Establish the Wages Which Shall Be Paid by the City of Muskego to its Non-Union Employees Reso. #224-2006 Approval of Amendment to Personnel Code for Management and Other Nonrepresented Employees of the City of Muskego (Health Insurance Contribution to Premium) Reso. #225-2006 Approval of Amendments to Personnel Code for Sworn Nonrepresented Employees Reso. #226-2006 Approval of a Certified Survey Map - Towne Realty, Inc. Reso. #227-2006 Approval of Cleaning Service Contract for 2007 Common Council Agenda Page 2 December 12, 2006 Reso. #228-2006 Approval of Carriers for the City’s Insurance for 2007 (Liability, Workers’ Comp., Property and Auto Physical Damage) Reso. #229-2006 Intent to Accept Improvements to Qualify for General Transportation Aids Reso. #230-2006 Approval of Dental Insurance Contracts for 2007 Reso. #231-2006 Approval of Health Insurance Contract for 2007 Reso. #232-2006 Resolution Authorizing Special Quarterly Charges for Garbage and Refuse Disposal and Recycling Service Reso. #233-2006 Resolution to Enter into an Agreement with Diversified Benefit Services for Third Party Administrator Services Reso. #234-2006 Resolution to Adopt HIPPA Compliance Documents Reso. #235-2006 Authorizing Cancellation of Certain Uncollectible Accounts Receivable (Rescue) Reso. #236-2006 Resolution to Approve 2007 Rate Schedules for Professional Services Agreements for Engineering Services Reso. #237-2006 Approval of Reductions in Letters of Credit (Copper Oaks, Northfield Green) REVIEW OF COMMITTEE REPORTS Finance Committee - 11/14/2006 Plan Commission - 11/21/2006 Study Committee - Future of Settlement Center Property - 11/15/2006 and 11/27/2006 Community Development Authority - 10/17/2006 Library Board - 11/15/2006 OLD BUSINESS Ord. #1237 An Ordinance to Establish the Salary for Mayor for 2008 - 2011 Term. On the floor, deferred 11/28/2006. NEW BUSINESS Reso. #238-2006 Authorizing the Issuance of a Summons as to Complaint Regarding the Fermented Malt Beverage License of Johnny’s Petroleum Products, Inc. Reso. #239-2006 Approving the Stipulation and Entering the Determination Regarding the Fermented Malt Beverage License of Johnny’s Petroleum Products, Inc. FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED Ord. #1242 An Ordinance to Amend the Zoning Map of the City of Muskego (Ener-Con Companies LLC/Parkland View Development - B-4/OPD/OWP and RS- 2/OIP/OWP to B-4/OPD/OWP) Ord. #1243 An Ordinance to Repeal and Recreate Chapter 17 Zoning Code and the Official Zoning Map of the City of Muskego Ord. #1244 An Ordinance to Amend Chapter 18 of the Municipal Code of the City of Muskego (Land Division Ordinance) Ord. #1245 An Ordinance to Amend the 2010 Comprehensive Plan of the City of Muskego Common Council Agenda Page 3 December 12, 2006 Ord. #1246 An Ordinance to Amend Chapter 36, Sections 36.04(4)(a) and 36.04 (5)(b) of the Municipal Code of the City of Muskego (Wireless Communications Facilities Siting) Ord. #1247 An Ordinance to Amend Chapter 28, Section 28.02(2), and Chapter 33, Section 33.02, of the Municipal Code of the City of Muskego Ord. #1248 An Ordinance to Amend Chapter 30, Sections 30.05(6), 30.07(4) and (5), 30.12 and 30.14(1)(a), of the Municipal Code of the City of Muskego LICENSES Approval of Operators’ Licenses Approval of Change of Agent Ultra Mart Foods, LLC (Pick ‘n Save #6381) Paul A. Tate VOUCHER APPROVAL Approval of General Vouchers Approval of Utility Vouchers Approval of Tax Checks CITY OFFICIALS’ REPORTS COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW CLOSED SESSIONS Please take notice that following Communications and Miscellaneous Business as Authorized by Law, the Common Council will convene, upon passage of the proper motion, into closed session pursuant to: Wis. Stats. §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 negotiating annual fire service and rescue agreements with Tess Corners Volunteer Fire Department and Muskego Volunteer Fire Company. Wis. Stats. §19.85(1)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, more specifically compensation and performance of Engineering/Building Inspection Director. Action may be taken in closed session. The Common Council will then reconvene into open session to continue with agenda items. OPEN SESSION OLD BUSINESS (Continued) Reso. #215-2006 Approval of Agreement for Ambulance Services with the Tess Corners Volunteer Fire Department. On the floor, amended and deferred 11/28/2006. NEW BUSINESS Reso. #240-2006 Approval of Fourth Quarter Fire Protection Agreement with Tess Corners Volunteer Fire Department Reso. #241-2006 Approval of Fire Protection Agreement with Tess Corners Volunteer Fire Department for 2007 Reso. #242-2006 Resolution Authorizing the Mayor to Enter into a Fire Protection Agreement with Muskego Volunteer Fire Company for 2007 Common Council Agenda Page 4 December 12, 2006 Reso. #243-2006 Resolution to Delete Engineer I Position and Recreate Position as City Engineer/Director of Public Works Projects, Approve Job Description and Salary Range and Authorize Filling of Position ADJOURNMENT NOTICE It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above-stated meeting to gather information; no action will be taken by any governmental body at the above -stated meeting other than the governmental body specifically referred to above in this notice. Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, contact the Clerk-Treasurer at Muskego City Hall, 262-679-5625.