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COMMON COUNCIL Minutes 10-14-1997 COMMON COUNCIL - CITY OF MUSKEGO (Approved 10/28/97) MINUTES OF MEETING HELD OCTOBER 14, 1997 The meeting was called to order at 8:20 P.M. by Mayor De Angelis. Also present were Aldermen D’Acquisto, Patterson, Pionek, Salentine, Sanders, Slocomb and Woodard, City Attorney Molter, Plan Director Sadowski, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. The Clerk-Treasurer noted the meeting was noticed in accordance with the Open Meeting Law on 10/10/97. Salentine moved for approval of minutes of 9/23/97. Sanders seconded, carried. Clerk-Treasurer read the Notice of Closed Sessions. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor presented update on several County issues. The aldermen have been invited to tour the two fire departments on 10/16. Reso. #222-97 - Resolution of 25 Years of Service - Donna Schmid - Muskego Public Library. Patterson moved for adoption. Pionek seconded. Carried 7-0. Reso. #223-97 - Honoring City of Muskego Eagle Scout James Michael Burzelic. Salentine moved for adoption. Patterson seconded. Carried 7-0. Reso. #236-97 - Approval of Certified Survey Map - De Back. Salentine moved for adoption. Sanders seconded. Sadowski presented memo containing concerns of Ruekert & Mielke and recommended deferral. De Back is requesting approval subject to resolution of issues. Sanders supported as resolution contains language that approval is subject to approval of city engineers. Sanders stated there is a potential buyer for property with time being of the essence for construction time not to be lost. Motion carried 6-1 with D’Acquisto voting “no.” Reso. #237-97 - Approval of Certified Survey Map - Thomas. Salentine moved for adoption. Woodard seconded. Carried 7-0. Reso. #233-97 - Resolution to Place Advisory Referendum on April Ballot. Salentine moved for adoption with insertion of Option #3 description. D’Acquisto seconded. It was noted a map of the area will be provided when Type C notice is published and at polling place. Pionek stated people do not know tax key numbers and property owners’ names. This is advisory. Why is area so specific? Molter stated legally the question can be less specific. How will you know what the answer means, however. D’Acquisto favors question being less specific. Use reference to the Moorland Road corridor and the Council can define that area. Patterson stated some of the verbiage contained in Option #3 could be eliminated. Several aldermen stated east and west boundaries were needed in description. D’Acquisto requested privilege of the floor for Mr. Ponzi of Preserve Muskego. Mr. Ponzi stated the question has to be simple and discussed light industrial use in the proposed park which the Mayor stated was allowed in the business park zoning category. D’Acquisto stated using measurements such as feet in the description of the area complicates the matter. Slocomb agrees. Patterson stated it Common Council Minutes Page 2 October 14, 1997 should be kept simple but you need some parameters. D’Acquisto moved to amend the question to read, “Should the City of Muskego pursue development of a business park in the area of Muskego known as the Moorland Road Corridor?” Slocomb seconded. Motion defeated 6-1 with D’Acquisto casting the “yes” vote. Sanders moved to amend question to read, “Should the City of Muskego pursue development of a business park in the area of Muskego known as the Moorland Road corridor, more specifically described as lands adjacent to the corridor bounded on the north by College Avenue and on the south by Janesville Road?” Motion carried 6-1 with Patterson casting the “no” vote. D’Acquisto moved to direct Clerk to include map of Option #3 area with Type C notice when published. Sanders seconded, carried. Reso. #233-97, as amended, carried 7-0. Mr. Sadowski was dismissed. COMMITTEE REPORTS The 9/18/97, 9/25/97, 10/2/97, and 10/6/97 Committee of the Whole minutes were received for file. D’Acquisto moved for acceptance of the 9/22/97 and 10/14/97 Public Works Committee minutes. Pionek seconded, carried. Sanders moved for acceptance of the 10/14/97 Public Utilities Committee minutes. Slocomb seconded, carried. D’Acquisto moved for acceptance of the 10/8/97 and 10/14/97 Finance Committee minutes. Sanders seconded, carried. Slocomb requested individual consideration of Item 3. (Freedom Acres claims) under unfinished business with issue going back to Finance Committee for further review. D’Acquisto seconded. Slocomb believes claims should not be disallowed. Motion carried 6-1 with Sanders voting “no.” Motion to accept minutes without said paragraph carried. Minutes of the 10/7/97 Plan Commission meeting were received and placed on file. Ord. #948 - An Ordinance to Amend the Zoning Map of the City of Muskego R-1 to RS- 1 (Fosmore), on the floor, deferred 9/23/97. Salentine moved to defer until such time as MMSD approval is received. Sanders seconded, carried. Reso. #212-97 - Resolution to Establish Fees for Rescue Service, on the floor, deferred 9/23/97. D’Acquisto stated he would abstain from discussion and voting as he is a member of the rescue team. Salentine moved to defer to obtain information that the fire department stated would be available on 10/16 regarding how their charge is established. Pionek seconded, carried. Reso. #224-97 - Initial Resolution Authorizing $1,700,000 General Obligation bonds of the City of Muskego for Police Facilities. D’Acquisto moved for adoption. Salentine seconded. Carried 7-0. Reso. #225-97 - Resolution Directing Publication of Notice to Electors. Salentine moved for adoption. Slocomb seconded. Carried 7-0. Common Council Minutes Page 3 October 14, 1997 Reso. #226-97 - Disallowance of Claim - Kolata. Salentine moved for adoption. Sanders seconded. Slocomb moved to defer. D’Acquisto seconded, carried. Reso. #227-97 to Reso. #232-97 - Disallowance of Claims - Acken, Storniolo, Brown, Bahringer, Prusinski, Schlinder. Slocomb moved for adoption. Salentine seconded. Slocomb moved to defer. D’Acquisto seconded, carried. Reso. #234-97 - Resolution to Set Public Hearing Date for 1998 Budget. D’Acquisto moved for adoption. Pionek seconded. Hearing date set for 11/10/97 at 7:00 p.m. Carried 7-0. Reso. #235-97 - Approval of Certified Survey Map - Schneider, Town of Norway. Salentine moved for adoption. Slocomb seconded. Carried 7-0. Reso. #238-97 - Reapproval of Final Plat - Deer Creek Addition No. 1. Salentine moved for adoption. Woodard seconded. Carried 7-0. Reso. #239-97 - Resolution as to Land Offered to the City by Waukesha County. Sanders moved for adoption. Salentine seconded. Carried 7-0. Reso. #240-97 - Resolution for Inclusion Under Group Life Insurance. Sanders moved for adoption. Salentine seconded. Carried 7-0. Reso. #241-97 - Approval of Carriers for the City’s Insurance for 1998. Sanders moved for adoption. Slocomb seconded. Carried 7-0. Reso. #242-97 - Resolution to Retain Special Counsel for Representation at Liquor Suspension and/or Revocation Hearing. D’Acquisto moved for adoption. Slocomb seconded. Carried 7-0. LICENSES D’Acquisto moved for approval of Operators’ Licenses for Rick Blattner, Riki Petrovsky, Joseph Lang, Nicole La Shell, Christopher Gehrt and Lauren Cobabe (subject to a 3, 6 and 9 month review). Salentine seconded, carried. D’Acquisto moved for approval of Outside Dance permit for Favre & Associates, LLC (Broke Spoke) to be held on 11/23/97. Salentine seconded, carried. VOUCHER APPROVAL D’Acquisto moved for approval of General Vouchers in the amount of $461,183.13. Sanders seconded, carried 7-0. Sanders moved for approval of Utility Vouchers in amount of $370,764.15. Woodard seconded, carried -7-0. CITY OFFICIALS’ REPORTS Common Council Minutes Page 4 October 14, 1997 Clerk-Treasurer reminded everyone of the Chamber of Commerce Business Fair to be held at Bay Lane on Saturday, 10/18. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Proposed amendment to the Municipal Code to change the method of calling the roll at Council meetings was discussed. D’Acquisto requested deferral. Patterson and Sanders questioned why the method should be changed. D’Acquisto stated he has reasons and will submit. D’Acquisto moved to convene into closed session pursuant to §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 contract dispute with Gustafson regarding Boxhorn, Ryan, Groveway Sewer Project. Sanders seconded. Carried 7-0. Salentine moved to convene into closed session pursuant to §19.85 (1)(c) Considering employment, promotion, compensation, or performance evaluation data of any public employe over which the governmental body has jurisdiction or exercises responsibility, more specifically Compensation and Classification Study Preliminary Final Report. Woodard seconded. Carried 7-0. D’Acquisto moved to convene into closed session pursuant to §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 road damage as a result of the Little Muskego Lake Jewel Crest Dredging project. Salentine seconded. Carried 7-0. The clerk and deputy were dismissed. The Council reconvened into open session. Slocomb moved to adjourn at 10:23 p.m. Sanders seconded, carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer