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CM052698 COMMON COUNCIL - CITY OF MUSKEGO (Approved - 6/9/98) MINUTES OF MEETING HELD MAY 26, 1998 The meeting was called to order at 7:38 p.m. by Mayor De Angelis. Also present were Aldermen Slocomb, Chiaverotti, Patterson, Pionek, Salentine, Sanders, and Woodard, City Attorney Molter, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. The Clerk-Treasurer stated the meeting was noticed in accordance with the Open Meeting Law on 5/22/98. Sanders moved for approval of minutes of 5/12/98 and 5/19/98. Salentine seconded. Slocomb moved to correct minutes of 5/12 to correct General Fund vouchers in the amount of $414,982.26 and Tax Checks in the amount of $1,164,273.15. Salentine seconded; motion carried. Motion to approve minutes as corrected carried. The Clerk- Treasurer read the notice of closed session. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor read Proclamation declaring June 19 - 20 as Relay for Life weekend to fight cancer and encouraged the City to participate in this event. Mayor also stated that he received correspondence from the Town of Vernon relating to a possible border agreement. He will have a preliminary meeting with the Town Chair in the near future. COMMITTEE REPORTS Slocomb moved for acceptance of the minutes of the 5/20/98 and 5/26/98 Finance Committee meetings. Salentine seconded; motion carried. Sanders moved for acceptance of the minutes of the 5/16/98 Public Utilities Committee meeting. Woodard seconded; motion carried. Minutes of the 5/19/98 Plan Commission and 5/11/98 Parks & Recreation Board meetings were received and placed on file. Reso. #104-98 - Approval of Certified Survey Map - Badertscher. Salentine moved for adoption. Slocomb seconded. Pionek asked why was the vote 3 to 3 at the Plan Commission. What was the objection? Salentine stated the Plan Commission did not state their reasons. Salentine presented Plan Commission background relating to this issue. She stated discussion took place regarding the length of the driveway. Salentine stated this is the first land division off of that driveway. The property owner was given the go ahead by the Plan Commission at the sketch stage and expended money for the preparation of the certified survey map. She requested the Council approve subject to changing the rezoning requirement from RCE to A. The Mayor stated it was his recollection that the RCE zoning was discussed at the Plan Commission. Salentine disagreed. Sanders stated he does not have a problem with Ag zoning. Slocomb stated the property owner spent money and had the map prepared in accordance with the direction given by the Plan Commission; if it was going to be rejected, it should have been done at the sketch level. The Mayor noted that there is always a risk that the petitioner takes even if the Plan Commission recommends approval; it does not mean the Council will approve. Patterson noted that the Plan Department staff recommended denial. Pionek initiated discussion about the potential Common Council Minutes Page 2 May 26, 1998 requirement for a public road if more than three residences gain access. There is only a 30’ easement shown; 60’ would be required. Mayor noted additional land would have to be dedicated. Pionek asked if the city engineers have reviewed and approved. The Mayor noted that is one of the City’s conditions of approval. Patterson asked if any reasons were given by the commissioners who voted no. The response was no, other than the person who voted no at the sketch stage because the driveway was too long. Salentine moved to amend to change the rezoning requirement from EA to “RCE” to EA to “A.” Slocomb seconded; motion carried. Reso. #104-98, as amended, adopted 5 -2 with Patterson and Pionek voting “no.” Reso. #250-97 - Approval of Certified Survey Map - Graves. On the floor, deferred 1/13/98. Pionek asked about the road vacation receiving outlot status. It was noted that the City has many outlots that do not conform to the definition in the municipal code. Slocomb suggested changing the definition in the future. Motion to adopt carried 6-1 with Pionek voting “no.” Reso. #251-97 - Approval of Certified Survey Map - Graves. On the floor, deferred 1/13/98. It was noted that the same issue regarding the outlot status pertains to this map also. Motion to adopt 7 - 0. Reso. #46-98 - Approval of Agreement with Continuum Architects for Services for Kurth Park. On the floor, deferred 5/12/98. Mayor recommended disapproval as certain issues to be addressed by Continuum prior to the City entering into an Agreement were not satisfactorily resolved. He stated that a resolution will be brought forward in the future for the other bidder. Patterson moved to amend to disapprove. Sanders seconded, carried. Reso. #46-98, as amended, adopted 7-0. Reso. #95-98 - Approval of Assignment of Letter of Credit for Deer Creek and Deer Creek Addition #1. On the floor, deferred 5/12/98. Slocomb moved to amend to change the word “assigned” to “replaced” in the first WHEREAS and the word “assignment” to “replacement” in the NOW, THEREFORE, BE IT RESOLVED. Slocomb requested proposed changes be made in bold in future. Woodard seconded, carried. Reso. #95-98, as amended, adopted 7-0. Reso. #97-98 - Approval of Amendment to Subdivider’s Agreement for Deer Creek Addition No. 1 Regarding Assignment. On the floor, deferred 5/12/98. Motion to adopt carried 7 - 0. Reso. #102-98 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road Right-of-Way in the City of Muskego - Graves Property. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. #101-98 - Award of Bid - Police Station Expansion. Sanders moved for adoption. Salentine seconded. Mayor noted award of bid is $100,000 less than amount budgeted. Motion carried 7-0. Common Council Minutes Page 3 May 26, 1998 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 employee compensation and classification study. Chiaverotti seconded. Patterson requested that the Council convene into closed session at the end of the meeting to accommodate the cable viewers. There were no objections from any members of the Council. Salentine withdrew her motion and Chiaverotti agreed. The City Attorney was dismissed at 8:39 p.m. Reso. #98-98 - Appointment of Citizen Member to the Police and Fire Commission (R. Moraga). Slocomb moved for adoption. Salentine seconded. Carried 7-0. Reso. #99-98 - Resolution to Approve Financing - DPW Salt Shed and Patrol Trucks. Salentine moved for adoption. Pionek seconded. Sanders noted he was not part of the discussion at the Finance Committee. He expressed concerns about making this commitment ahead of time; it is too early. Slocomb moved to amend the resolution to remove the word “Capital” preceding the word “Budget” in the first, third, fourth and fifth paragraphs. Pionek seconded, carried. Sanders stated he has problems doubling the patrol truck amount and placing in next year’s budget. Reso. #99-98, as amended, adopted 6 - 1 with Sanders voting “no.” Reso. #100-98 - Amendment to 1997 Budget. Sanders moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. #103-98 - Rejection of Bids - Martin Drive Sanitary Sewer Project MSS-2-98. Sanders moved for adoption. Woodard seconded. Motion carried 7-0. Reso. #105-98 - Resolution to Continue Participation in Community Block Grant Program. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. LICENSES Slocomb moved for approval of Operators’ Licenses for Jeff Gavin, Chris Machlan, Kathleen Farber, and Patty Maier. Salentine seconded; motion carried. Slocomb moved for approval of Gathering Permit for St. Leonard for June 26, June 27, and June 28. Patterson seconded; motion carried. Slocomb moved for approval of Waterway Marker/Swim Beach permits for Bay Breeze Condominiums (waterway marker only), City of Muskego Idle Isle Park, Aud Mar Supper Club, and R.L.C., Inc.-Amann’s Beach Club. Salentine seconded; motion carried. Slocomb moved for approval of Archery, Trap & Rifle permits for Boxhorn’s Big Muskego Gun Club, Inc., Schultz Resort Rod & Gun Club, and Loreen Klauser-Hunter’s Nest. Sanders seconded; motion carried. VOUCHER APPROVAL Common Council Minutes Page 4 May 26, 1998 Slocomb moved for approval of General Vouchers in the amount of $1,023,498.71. Salentine seconded. Carried 7-0. Slocomb moved for approval of Tax Checks in the amount of $913.38. Salentine seconded. Carried 7-0. Sanders moved for approval of Utility Vouchers in amount of $78,891.10. Woodard seconded. Carried 7-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Patterson stated at the May 19 Special Council meeting citizens in his district were reassured that the City would provide information to assist them regarding adult family homes. They are now being charged for copies they requested. Patterson requested charges be waived. Slocomb stated he made the statement at the May 19 Council meeting for the City to provide assistance acknowledging the issue was a priority. It was not to bypass direct costs for obtaining the information; the normal expenses should be charged as for anyone else. Sanders agrees. The consensus of the Council was for the City to charge the normal copying cost of 25 cents per page. 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 employee compensation and classification study. Chiaverotti seconded. Motion carried 7-0. The Clerk was not present for closed session. The deputy clerk was dismissed. Slocomb moved to convene into open session with the Clerk present. Salentine seconded. Motion carried 7-0. Reso. #47-98 - Resolution to Adopt Compensation and Classification Study for Nonrepresented Employees as Performed by Commonwealth Personnel Management Services. On the floor, deferred 5/12/98. Slocomb moved to defer. Salentine seconded; motion carried. Slocomb moved to release the position and point summary with pay ranges for each position. Sanders seconded. Motion carried 5-2 with Patterson and Pionek voting “no.” Sanders moved to adjourn at 10:38 p.m. Woodard seconded, carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer