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CM060899 COMMON COUNCIL - CITY OF MUSKEGO (Approved 6/22/99) MINUTES OF MEETING HELD JUNE 8, 1999 The meeting was called to order at 7:43 p.m. by Mayor De Angelis. Also present were Aldermen Slocomb, Le Doux, Patterson, Salentine and Sanders, City Attorney Molter and Clerk-Treasurer Marenda. Aldermen Chiaverotti and Pionek were absent. The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting law on 6/4/99. Salentine moved for approval of minutes of the 5/25/99 meeting. Sanders seconded; motion carried. The Clerk-Treasurer read the closed session notices. Resolution #101-99 - Honoring City of Muskego Eagle Scout Matthew B. Astemborski. Slocomb moved for adoption. Patterson seconded; motion carried 5-0. Matthew was present to receive his resolution and explain his project. Slocomb 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 litigation as to the Boxhorn/Ryan/Groveway Sewer Project. Salentine seconded; motion carried 5-0. Atty. Ross Anderson was present for closed session. Clerk-Treasurer Marenda was excused. Slocomb moved to reconvene into open session. Sanders seconded; motion carried 5-0. Reso. #102-99 - Settlement of Boxhorn/Groveway/Ryan Sewer Project Litigation. Slocomb moved for adoption. Sanders seconded; motion carried 5-0. COMMITTEE REPORTS The Committee of the Whole minutes of 5/20/99 were received and placed on file. Sanders moved for acceptance of the Finance Committee minutes of meetings held 6/2/99 and 6/8/99. Slocomb seconded; motion carried. Slocomb moved for acceptance of Public Works Committee minutes of meeting held 5/24/99. Salentine seconded. A correction was made to Page 2 under status of procedures to change “grate on one end” to “grate on the inlet end”. Slocomb moved for individual consideration and referral back to committee of the North Cape Farms Drainage (Pipke) and the Review of stormwater drainage plans for E. J. Salentine paragraphs. Salentine seconded; carried. Motion to approve minutes as corrected and without said paragraphs carried. Minutes of the 6/1/99 Plan Commission meeting were received and placed on file. Common Council Minutes Page 2 June 8, 1999 OLD BUSINESS Ord. #985 - An Ordinance to Create Section 12.21 of the Municipal Code of the City of Muskego (Massage Therapist). Second Reading. Patterson moved for adoption. Le Doux seconded; motion carried 5-0. Ord. #986 - An Ordinance to Amend Section 26.02(1) of the Municipal Code of the City of Muskego (Park Hours). Second Reading. Salentine moved for adoption. Le Doux seconded. Sanders moved to amend (1) to change closing time to 10:00 p.m. and to add after “permission of the Director,” “and except for the purpose of using the boat launch to launch or remove a water craft”. Patterson seconded; carried. Slocomb moved to amend (1) to change “temporarily” to “temporary”. Salentine seconded; carried. Motion to adopt Ord. #986 as twice amended carried 5-0. Reso. #95-99 - Amendment to Policy Relating to Hiring of Relatives. Sanders moved to reconsider. Slocomb seconded, motion carried. Sanders moved to amend the attached policy to reflect the combination of the Clerk’s Office and Treasurer’s Office as one department. Slocomb seconded; motion carried. Motion to adopt Reso. #95-99 as amended carried 5-0. NEW BUSINESS Reso. #103-99 - Award of Bid - Department of Public works Garage Electric Service Modifications. Salentine moved for adoption. Sanders seconded; motion carried 5-0. Reso. #104-99 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under §66.60 WI Statutes as to Water Improvement Assessment Area for Woods Road - Kurtze to Bay Lane Project MW-26-99. Sanders moved for adoption. Le Doux seconded; motion carried 5-0. Reso. #105-99 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under §66.60 WI Statutes as to Water Improvement Assessment Area for Woods Road - From East of Racine to Brooke Lane Project MW- 27-99. Sanders moved for adoption. Salentine seconded; motion carried 5-0. Reso. #106-99 - Approval of Various License Applications for the City of Muskego for the Licensing Period July 1, 1999 to June 30, 2000. Salentine moved for adoption. Sanders seconded; motion carried 5-0. Reso. #107-99 - Amendment to Deposit and Forfeiture Schedule. Patterson moved for adoption. Le Doux seconded; motion carried 5-0. Reso. #108-99 - Resolution Approving Settlement of Potential Claim of Glen Unold and Lori Unold (Champions Village Subdivision). Slocomb moved for adoption. Sanders seconded; motion carried 5-0. Reso. #109-99 - Amendment to Policy for Refilling of Vacant Positions. Salentine moved for adoption. Le Doux seconded; motion carried 5-0. Common Council Minutes Page 3 June 8, 1999 Ord. #987 - An Ordinance to Amend the Zoning Map of the City of Muskego RS-1/OED, R-1/RS-1/RS-2/L and RS-1 to add the OWP Overlay (Wellhead Protection District). First Reading. LICENSES Slocomb moved for approval of Operators’ Licenses for Alma Joyce Krieg and Lynda Nicely; Jill Wietins with 3,6,9 & 12 mo. review and payment of all fees; and a 60-day provisional for Jennifer Deleff. Salentine seconded; motion carried. Denise Molkentin was removed from agenda. Slocomb moved for approval of a Waterway Marker permit for Muskego Shores Community Assn. Salentine seconded; motion carried. Slocomb moved for approval of Outside Dance Permits for Aud Mar Supper Club for 7/18/99 and for Loreen Klauser (Hunter’s Nest) for 8/15/99. Sanders seconded; motion carried. VOUCHER APPROVAL Slocomb moved for approval of payment of general vouchers in amount of $446,101.32. Sanders seconded; motion carried 5-0. Slocomb moved for approval of payment of tax checks in amount of $1,615.16. Salentine seconded; motion carried 5-0. Sanders moved for approval of payment of utility vouchers in amount of $196,569.60 62. Slocomb seconded; motion carried 5-0. Slocomb moved to convene into Closed Session pursuant to §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, discussion with Council representative to the Landfill Siting Committee related to contract issues with Superior Emerald Park. Patterson seconded; motion carried 5-0. Slocomb moved to reconvene into Open Session. Salentine seconded; motion carried 5-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Discussion of issues related to Superior Emerald Park Landfill. Slocomb advised now is the time to consider things specific to the City that can be addressed and any concerns we might have. It is known now we must submit the approved committee’s final offer for arbitration by 3:00 p.m. 6/24/99 to the Waste Facility Siting Board. Therefore, on 6/22/99 that offer will be coming to this Council for its approval and the issues will be presented at that time. The arbitrator will select one offer or the other if the final agreement is not approved in the meantime. We are continuing to negotiate with Emerald Park with respect to the contract and are making headway. The Waste Facility Siting Board will make the submittals public. The arbitration will occur on July 20, 21 and 22 in the Muskego Room at City Hall. Patterson questioned the apparent restrictions in the draft as to what the City can use the funds for. Slocomb responded Common Council Minutes Page 4 June 8, 1999 the revenues from the landfill can be used for capital items, with the benefit derived to be for the long term which will impact the total community. Mayor agreed the revenue should not be used to offset the tax rate now because when it’s gone it’s gone. Atty. Molter expressed concern that this Council would be asked to limit future Councils on these matters, but noted amendments have been made and his concerns have been lessened. Closed session No. 3 not required. Slocomb moved to adjourn at 10:20 p.m. Sanders seconded; motion carried. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer jm