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CM042898 COMMON COUNCIL - CITY OF MUSKEGO (Approved) MINUTES OF MEETING HELD APRIL 28, 1998 The meeting was called to order at 8:14 p.m. by Mayor De Angelis. Also present were Aldermen Slocomb, Chiaverotti, Patterson, Pionek, Salentine, Sanders, and Woodard, City Attorney Molter, Plan Director Sadowski, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. The Clerk-Treasurer stated the meeting was noticed in accordance with the Open Meeting Law on 4/24/98. Salentine moved for approval of minutes of 4/14/98, 4/15/98 and 4/21/98. Sanders seconded, carried. The Clerk-Treasurer read the notice of closed session. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor announced his 1998-1999 committee appointments. He noted that Attorney Art Harrington of Godfrey & Kahn would represent the City in the Emerald Park th contested case. The Mayor announced that he will not run for the 84 assembly seat. He urged the Council members to consider at the May 7 Committee of the Whole meeting setting aside the development of the proposed business park at this time. COMMITTEE REPORTS Salentine moved for acceptance of the minutes of the 4/22/98 and 4/28/98 Finance Committee meetings. Sanders seconded; motion carried. Sanders moved for acceptance of the minutes of the 4/20/98 and 4/28/98 Public Utilities Committee meetings. Slocomb seconded; motion carried. Minutes of the 4/13/98 Parks and Recreation Board and 4/21/98 Plan Commission were received and placed on file. Ord. #959 - An Ordinance to Amend the Zoning Map of the City of Muskego B-2 to B-3 (Robert Anton and Greg Francke). Second Reading. Mayor read correspondence received from Ron Daliege expressing concern about the long range effect the rezoning would have on the residential area. Pionek stated he was surprised the area residents did not appear at the public hearing. Sanders stated he had concerns about this type of business being located at the entrance of the City. Mr. Sadowski noted that the rezoning can be granted if conditions are met. Salentine moved to amend to state conditions which are: 1) The construction of the development must begin on or before November 28, 1999. For purposes of this Ordinance, construction means the beginning of substantial excavation for foundation, footings or base for new construction; and 2) A conditional use approving use of the property as an auto dealership must be approved by the City of Muskego Plan Commission on or before the th 28 day of November, 1998. Slocomb seconded. Attorney Molter asked if the petitioner accepted the conditions. A representative of the petitioner, present in the audience, stated yes. Motion to amend carried. Ord. #959, as amended, adopted 4-3 Common Council Minutes Page 2 April 28, 1998 with Slocomb, Chiaverotti, Salentine, and Woodard voting “yes” and Patterson, Pionek and Sanders voting “no.” Slocomb 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 employee compensation and classification study. Salentine seconded. Carried 7-0. The Council reconvened into open session. Reso. #69-98 - Final Resolution Authorizing Installation of Sewer Improvements and Levying of Special Assessments Against Benefited Property (Holz Drive Sewer Project MSS-3-97; Assessment District “SP”). Sanders moved for adoption. Slocomb seconded. Carried 7-0. Reso. #70-98 - Award of Bid - Holz Drive Sewer Project. Sanders moved for adoption. Slocomb seconded. Carried 7-0. Reso. #71-98 - Final Resolution Authorizing Installation of Sewer Improvements and Levying of Special Assessments Against Benefited Property (North Cape Road/Schaefer Sewer Project MSS-1-98; Assessment District “SQ”). Sanders moved for adoption. Slocomb seconded. Carried 7-0. Reso. #72-98 - Award of Bid - North Cape Road/Schaefer Drive Sewer Project. Sanders moved for adoption. Slocomb seconded. Carried 7-0. Molter was dismissed at 10:24 p.m. Reso. #46-98 - Approval of Agreement with Continuum Architects for Services for Kurth Park. On the floor, deferred 4/14/98. Mayor noted that legal issues regarding the agreement still needed to be addressed. Sanders moved to defer. Patterson seconded; motion carried. Reso. #47-98 - Resolution to Adopt Compensation and Classification Study for Nonrepresented Employees as Performed by Commonwealth Personnel Management Services. On the floor, deferred 4/15/98. Slocomb moved to defer. Sanders seconded; motion carried. Mayor noted this would be discussed at the 5/7/98 Committee of the Whole meeting. Reso. #54-98 - Authorize Wausau Insurance to Provide Additional Insurance. On the floor, deferred 4/14/98. Mayor noted Clerk will provide the requested information at the next meeting. Salentine moved to defer. Patterson seconded, carried. Common Council Minutes Page 3 April 28, 1998 Ord. #957 - An Ordinance to Amend Chapter 1, Section 1.10, of the Municipal Code of the City of Muskego (Department of Engineering). Second Reading. Slocomb moved for adoption. Pionek seconded. Patterson moved to add “and Common Council” to the end of 1.10 (2)(c). Sanders seconded, carried. Ord. #957, as amended, adopted 7-0. Ord. #958 - An Ordinance to Amend Chapter 17, Section 5.02(2)D. and Section 6.09(8) (b) to Create Section 6.09(8)(b)(4) of the Municipal Code of the City of Muskego (Signs). Second Reading. Salentine moved for adoption. Woodard seconded. Carried 7-0. Ord. #960 - An Ordinance to Amend the Zoning Map of the City of Muskego R-2 to RSE and R-3 to RSE (North Cape Road). Second Reading. Slocomb moved for adoption. Woodard seconded. Carried 7-0. Reso. #60-98 - Appointment of Alderpersons to Various Boards (Library Board- Chiaverotti, Parks & Recreation Board-Patterson). Slocomb moved for adoption. Sanders seconded. Carried 7-0. Reso. #61-98 - Appointment of Weed Commissioner for the City of Muskego (J. Loughney). Patterson moved for adoption. Pionek seconded. Carried 7-0. Reso. #62-98 - Declaring Certain Weeds to be Noxious in the City of Muskego. Sanders moved for adoption. Salentine seconded. Carried 7-0. Reso. #63-98 - Appointment of Citizen Members to Board of Appeals (D. Schepp, D. Conley). Salentine moved for adoption. Woodard seconded. Carried 7-0. Reso. #64-98 - Appointment of Citizen Member to Board of Review (C. Klenz). Salentine moved for adoption. Sanders seconded. Carried 7-0. Reso. #65-98 - Appointment of Citizen Member to the Plan Commission (N. Schaumberg). Salentine moved for adoption. Woodard seconded. Carried 7-0. Reso. #66-98 - Appointment of Citizen Member to the Police and Fire Commission. Removed from agenda. Reso. #67-98 - Appointment of Citizen Members to Parks and Recreation Board (H. Schneider and D. Carlson). Slocomb moved for adoption. Patterson seconded. Carried 7-0. Reso. #68-98 - Appointment of Citizen Member to Future Parkland Development Standing Committee (B. Konkel). Slocomb moved for adoption. Salentine seconded. Carried 7-0. Common Council Minutes Page 4 April 28, 1998 Reso. #73-98 - Approval of Agreement Between the City of Muskego and Waste Management Southeast Wisconsin. Patterson moved for adoption. Woodard seconded. Carried 7-0. Reso. #74-98 - Approval of Lease Agreement Between the City of Muskego and Water Bugs Ski Team, Inc. Patterson moved for adoption. Chiaverotti seconded. Carried 7- 0. Reso. #75-98 - Granting Placement of Water Ski Jump on Bed of Little Muskego Lake and Placement of Pier at Idle Isle (Water Bugs Ski Team). Patterson moved for adoption. Pionek seconded. Slocomb moved to increase insurance liability coverage to $1 million. Sanders seconded; motion carried. Reso. #75-98, as amended, adopted 7-0. Reso. #76-98 - Approval of Practice/Show Dates on Little Muskego Lake (Water Bugs Ski Team). Patterson moved for adoption. Chiaverotti seconded. Carried 7-0. Reso. #77-98 - Approval of Preliminary Plat - Avion Estates. Salentine moved for adoption. Woodard seconded. Pionek requested to abstain as he has an interest in development. There were no objections. Carried 6 in favor and Pionek abstaining. Reso. #74-98 - Approval of Lease Agreement Between the City of Muskego and Water Bugs Ski Team, Inc. Slocomb moved for reconsideration. Patterson seconded; motion carried. Slocomb moved to increase insurance liability coverage to $1 million. Salentine seconded, carried. Reso. #74-98, as amended, adopted 7-0. Reso. #78-98 - A Resolution to Dissolve Tax Incremental District Number 7. Patterson moved for adoption. Sanders seconded. Carried 7-0. Reso. #79-98 - A Resolution to Dissolve Tax Incremental District Number 2. Salentine moved for adoption. Woodard seconded. Carried 7-0. Reso. #80-98 - Resolution Indicating the City’s Present Intent to Approve the Concept of B-3/RSM/OPD - Dreamland Investors, LLC. Removed from agenda. Ord. #961 - An Ordinance to Amend §16.19(1)(b) and §16.19(1)(c) of Chapter 16 of the Municipal Code of the City of Muskego (Holding Tank). First Reading. LICENSES Slocomb moved for approval of Operators’ Licenses for Linda Schnacke and Gene Meyers. Sanders seconded, carried. VOUCHER APPROVAL Slocomb moved for approval of General Vouchers in the amount of $643,484.36. Sanders seconded. Carried 7-0. Common Council Minutes Page 5 April 28, 1998 Slocomb moved for approval of Tax Checks in the amount of $440,714.91. Salentine seconded. Carried 7-0. Sanders moved for approval of Utility Vouchers in amount of $886,657.46. Woodard seconded. Carried 7-0. CITY OFFICIALS’ REPORT The Clerk requested that any changes to the May calendar be submitted. The Committee of the Whole meeting for May 7 was confirmed with the Mayor noting that Mr. Sadowski could not attend the meeting. Slocomb moved to adjourn at 10:55 p.m. Pionek seconded, carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer