Loading...
COMMON COUNCIL Minutes 11-25-1997 COMMON COUNCIL - CITY OF MUSKEGO (Approved-12/9/97) MINUTES OF MEETING HELD NOVEMBER 25, 1997 The meeting was called to order at 7:40 p.m. by Mayor De Angelis. Also present were Aldermen D’Acquisto(arrived at 7:45 p.m.), Patterson, Pionek, Salentine, Sanders, and Slocomb. City Attorney Molter, Plan Director Sadowski, Finance Director Gunderson, and Deputy Clerk Blenski. Alderman Woodard was not present. The Deputy Clerk stated the meeting was noticed in accordance with the Open Meeting Law on 11/21/97 and 11/24/97. Salentine moved for approval of minutes of 11/11/97. Sanders seconded, carried. The Deputy Clerk read the Notice of Closed Sessions. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor wished everyone a Happy Thanksgiving and stated the City’s tree lighting will take place on 12/7. He acknowledged cub scouts from St. Leonard’s Pack 118 who were present. COMMITTEE REPORTS Sanders moved for acceptance of the minutes of the 11/17/97 Public Utilities Committee meeting. Slocomb seconded, carried. Sanders moved for acceptance of the minutes of the 11/19/97 and 11/25/97 Finance Committee meetings. Salentine seconded, carried. Minutes of the 11/18/97 Plan Commission and 11/10/97 Parks & Recreation Board meetings were received and placed on file. Reso. #212-97 - Resolution to Establish Fees for Rescue Service, on the floor, deferred 11/11/97. A two-tier system is being reviewed. D’Acquisto arrived at the meeting. Salentine moved to defer. Sanders seconded, carried. Reso. #250-97 - Approval of Certified Survey Map - Graves and Reso. #251-97 - Approval of Certified Survey Map - Graves, on the floor, deferred 11/11/97. Salentine moved to defer. Sanders seconded, carried. Reso. #261-97 - Amendment to SEWRPC 208 Plan, on the floor, deferred 11/11/97. Mr. Sadowski presented information on the anticipated buildout of the current sewer service area and its relationship to the proposed 208 plan amendment. Mayor noted that a letter was received today from Mr. Jack Collier requesting that his site (Janesville Road and Crowbar) be included in the sewer service area for proposed industrial use. Mayor noted there are significant issues for upgrading that area. If the area were included, a corresponding area of equal size would have to be removed. D’Acquisto left the meeting at approximately 8:00 p.m. Discussion ensued regarding Mr. Collier’s request. Mayor noted he opposes decentralizing the City’s development. Salentine moved to not include the area as requested by Mr. Collier. Patterson seconded. Sanders supported including the area so the parcel could be developed as a whole. Mayor noted that the 13 acres identified by Mr. Collier as being in the district has Common Council Minutes Page 2 November 25, 1997 access to sewer but is not technically in the district; the entire parcel of 35 acres would be added. Mr. Sadowski stated the City has not had an opportunity to review the request. There were negative aspects to the City developing a business park in that area which would also pertain to the development of this property. Mayor stated the plan can be amended in the future. D’Acquisto came back to the meeting at about 8:20 p.m. and the Mayor noted the motion on the floor. Sanders supported putting the area in and letting SEWRPC review. Salentine expressed concern the inclusion would hold everything up. The Mayor reviewed the time frame for the process and noted there are several property owners awaiting the amendment. D’Acquisto favors the Council moving ahead. Motion (to deny request) carried 4 to 1 with D’Acquisto, Patterson, Salentine, and Slocomb voting “yes,” Sanders voting “no,” and Pionek abstaining due to a conflict of interest. Salentine moved to amend to replace the last “WHEREAS” with “Whereas, on November 17, 1997 the Public Utilities Committee of the City of Muskego reviewed the proposed sewer service area amendments and recommends approval of said amendments as presented in the Planning Report No. 64,” and to amend the “NOW, THEREFORE, BE IT RESOLVED” to read “NOW, THEREFORE, BE IT RESOLVED, that the Common Council of the City of Muskego, upon the recommendation of the Public Utilities Committee and Plan Commission, does hereby rd adopt the proposed SEWRPC Community Assistance Planning Report No. 64 (3 Edition) entitled, ‘Sanitary Sewer Service Area for the City of Muskego, Waukesha County, Wisconisn,’ as a guide for the provision of sanitary sewer service and land use management and zoning within the planned sewer service area.” Slocomb seconded. Motion carried 4 to 3 with Patterson, Salentine, and Slocomb voting “yes,” D’Acquisto, Pionek, and Sanders voting “no,” and the Mayor voting “yes” to break the tie. Sanders noted that he opposed the map as submitted by SEWRPC at the Public Utilities Committee. Slocomb noted that prior to November 18, 1996, the Public Utilities Committee did originally recommend the Woods Road/Racine Avenue area be included. It was removed when review by SEWRPC indicated an area had to be removed. Reso. #261-97, as amended, adopted 4 to 3 with Patterson, Salentine, and Slocomb voting “yes,” D’Acquisto, Pionek, and Sanders voting “no,” and the Mayor voting “yes” to break the tie. Plan Director Sadowski was dismissed. Reso. #270-97 - Approval of Creation of Easement as to Larkspur Road Vacation, on the floor, deferred 11/11/97. Motion to adopt carried 6-0. Reso. #271-97 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road Right-of-Way in the City of Muskego, Wisconsin (Larkspur Road), on the floor, deferred 11/11/97. Patterson moved to amend by adding the following to the end of the Resolution: “. . . including, but not limited to, an Easement entered in favor of the City which is being recorded just prior to the recording of this Resolution.” Salentine seconded, carried. Reso. #271-97, as amended, adopted 6-0. Reso. #272-97 - Approval of Fire Protection Contract with Tess Corners Volunteer Fire Department for 1998. Slocomb moved for adoption. Patterson seconded. Salentine moved to defer to next meeting as the dissolution issue is still under negotiation. Pionek seconded. D’Acquisto requested his name be removed as sponsor of reso. as Common Council Minutes Page 3 November 25, 1997 he did not participate in discussion or vote on issue at Finance Committee. Motion defeated with D’Acquisto abstaining. Discussion ensued about the dissolution agreement and its connection to this contract. Mayor noted that final resolution of the dissolution issue will not occur until after the first of the year. Salentine asked about the initiation of monthly versus quarterly payments. Patterson favors approving contract as is. He stated we are dealing with a volunteer organization and believes they are working with the City on a compromise. Sanders agreed stating we will be sending the wrong message if we tie agreement of the dissolution issue to this contract. Motion to adopt carried 3-2 with Patterson, Sanders, and Slocomb voting “yes,” and Pionek and Salentine voting “no.” D’Acquisto abstained. Reso. #273-97 - Approval of Fire Protection Contract with Muskego Volunteer Fire Company for 1998. Sanders moved for adoption. Salentine seconded. Carried 5-0 with D’Acquisto abstaining. Reso. #274-97 - Resolution Authorizing Contract with National Employee Assistance Services, Inc. for Employee Assistance Program. Sanders moved for adoption. Salentine seconded. Carried 6-0. Reso. #275-97 - Approve New and Revised Positions for 1998. D’Acquisto moved for adoption. Salentine seconded. Mayor noted that the job description for the Accountant has been modified as the Finance Committee recommended this be a nonrepresented position. D’Acquisto moved to amend reso. to state that Accountant is being created as a nonrepresented position and to authorize the Mayor to execute and perform clarification with union as it relates to taking the existing bookkeeper position out of the union. Salentine seconded, carried. Ms. Gunderson was present to answer questions about the Accountant position. She stated an increase in funds for 1998 regarding this position will not be required as longevity and overtime have been budgeted for the existing position which will offset the increase in pay. Discussion ensued about the educational qualifications for the position. D’Acquisto supports an applicant having either a bachelor’s degree or an associate’s degree in combination with the required years of experience because it offers the Finance Director flexibility to fill the position. Patterson believes four-year degree should be required. Reso. #275-97, as amended, carried 5 to 1 with Patterson voting “no.” The Finance Director was dismissed. Reso. #276-97 - Disallowance of Claim - Accurate CAD/CAM. Sanders moved for adoption. Salentine seconded. Carried 6-0. Reso. #277-97 - Acceptance of Improvements - Willow Pond. Salentine moved for adoption. Slocomb seconded. Carried 6-0. Reso. #278-97 - Approval of Certified Survey Map - Benson and Graves. Salentine moved for adoption. Pionek seconded. Carried 6-0. Reso. #279-97 - Approval of Agreement Between the City of Muskego and Conley McDonald for Audit Service of General Fund, and Sewer and Water Utilities for Year Ending 12/31/97. Sanders moved for adoption. Slocomb seconded. Carried 6-0. Common Council Minutes Page 4 November 25, 1997 Reso. #280-97 - Authorizing Cancellation of Certain Uncollectible Accounts Receivable (Rescue). Salentine moved for adoption. D’Acquisto seconded. Carried 6-0. Reso. #281-97 - Resolution to Retain Special Counsel. Sanders moved for adoption. Salentine seconded. City Attorney explained why special counsel had to be hired. Carried 6-0. Reso. #282-97 - Resolution in Opposition of Requested Utility Rate Increases. Slocomb moved for adoption. Pionek seconded. Carried 6-0. LICENSES D’Acquisto moved for approval of Operators’ Licenses for Randall Oman, Cheryl Danes, and Ellen cook Dooley. Sanders seconded, carried. VOUCHER APPROVAL D’Acquisto moved for approval of General Vouchers in the amount of $658,033.45. Salentine seconded. Carried 6-0. Sanders moved for approval of Utility Vouchers in amount of $1,042,664.73. Slocomb seconded. Carried 6-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW The Council reviewed the Notice of Advisory Referendum and map. The Mayor noted the map cannot be placed inside the voting booth. Sanders requested that street name labels be larger so they are easier to read and the 150 foot buffer label be placed outside of the cross hatched area. Pionek agreed. He also requested that some of the land around the corridor area be shown on the map. There was discussion about land being shown on the map which may be excluded from the proposed park. Pionek questioned why specific parcels were being identified. Mayor noted they identify separate ownership. Patterson moved to amend the map. D’Acquisto called Point of Order. He questioned if the Council could amend prior action of the Council under Communications and Miscellaneous Business. Mayor stated the Council has not taken any action on this particular map to date. Patterson moved to amend map to reflect that one parcel of land (Tax Key No. 2172.999) be identified as “currently excluded.” Motion died for lack of a second. Slocomb noted that property owner could pursue development on his own and to identify as “excluded” could be a misrepresentation. Pionek noted that College Avenue should be labeled as “city limits” and the City of New Berlin be identified. The Mayor noted the revised map would come back to the Council for their review. Mayor recommended scheduling a Committee of the Whole meeting in December to discuss Library/Community Center with the Library Building Committee and architects. The Council agreed and noted a date for the meeting will be determined. D’Acquisto moved to convene into closed session pursuant to §19.85 (1)(c) Considering employment, promotion, compensation, or performance evaluation data of Common Council Minutes Page 5 November 25, 1997 any public employe over which the governmental body has jurisdiction or exercises responsibility, more specifically Compensation and Classification Study. Sanders seconded. Carried 6-0. Salentine 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. Slocomb seconded. Carried 6-0. The deputy clerk was dismissed at. The Council reconvened into open session. Salentine moved to adjourn at 10:20 p.m. D’Acquisto seconded, carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jill Blenski