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CM011100 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD JANUARY 11, 2000 The meeting was called to order at 8:11 p.m. by Mayor De Angelis. Also present were Ald. Slocomb, Chiaverotti, Le Doux, Patterson, Pionek, Salentine, and Sanders, City Attorney Molter, Clerk-Treasurer Marenda, Director of Planning Turk, Finance Director Gunderson, and Deputy Clerk Blenski. The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting law on 1/5/2000. Slocomb moved for approval of minutes of the 12/14/99 meeting. Salentine seconded; motion carried. The Clerk-Treasurer read the closed session notice. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor presented an update on the status of the library. Ord. #1010 - An Ordinance to Amend the Zoning Map of the City of Muskego - Januszewski - RS-2 to B-2. Second Reading. Salentine moved for adoption. Chiaverotti seconded. Slocomb moved to amend to add “and subject to vacation of a prior Board of Appeals’ decision that any future land division of this parcel would not be allowed” to the end of Section 3. Chiaverotti seconded; motion carried. Ord. #1010, as amended, adopted 7-0. Reso. #219-99 - Approval of Preliminary Plat - Quietwood Creek Subdivision, on the floor, deferred 12/14/99. Mr. Turk noted that outstanding engineering issues have been resolved. Pionek discussed the project wetlands and relocation of Martin Drive to the west. He prefers it be moved east to align with the subdivision’s entrance. Mr. Turk clarified that all the wetlands have been field verified. The final plat will contain every single coordinate point that was collected. Mr. Turk stated that the Plan Department reviewed the relocation of Martin Drive with Ruekert & Mielke and it was unlikely the DNR would grant the Chapter 30 permit for the stream crossing to move Martin Drive to the east. The Lakes Parkway access would also have to be closed and relocated through the new subdivision which would adversely impact the existing Gurnsey Meadows Subdivision. Salentine noted that the relocation of Martin Drive is not a result of this development. Chiaverotti also stated that the Police Chief expressed a safety concern regarding moving Martin to the east. In response to a question about the setbacks, Mr. Turk stated the Plan Commission can determine because this is a planned unit development. Motion to adopt carried 6 to 1 with Pionek voting “no.” Reso. #1-2000 - A Resolution Authorizing the Issuance and Sale of $2,225,000 Sewer System Revenue Bonds of the City of Muskego, Waukesha County, Wisconsin, and Providing for the Payment of the Bonds and Other Details with Respect to the Bonds. Salentine moved for adoption. Sanders seconded. Finance Director Gunderson noted that Moody’s recently upgraded the City’s sewer revenue bonds to an A-1 rating which is very commendable. Robert W. Baird & Company submitted the best bid on the sale with a true interest rate of 5.53%. Mayor noted that represented a $135,000 savings over the projection. Motion carried 7-0. Common Council Minutes Page 2 January 11, 2000 Reso. # 2-2000 - A Resolution Authorizing the Issuance and Sale of $950,000 Water System Revenue Bonds of the City of Muskego, Waukesha County, Wisconsin, and Providing for the Payment of the Bonds and Other Details with Respect to the Bonds. Sanders moved for adoption. Le Doux seconded. The Finance Director stated that the City’s water utility holds an A-3 rating. Bernardi Securities, Inc. submitted the best bid on the sale with a true interest rate of 5.573%. A $34,000 savings was realized over the projection. Motion carried 7-0. The Finance Director was dismissed at 8:35 p.m. Reso. # 3-2000 - Approval of Final Plat and Subdivider’s Agreement - Rosewood Estates Subdivision. Salentine moved for adoption. Sanders seconded. Slocomb moved to amend Section VIII Guarantees of Subdivider’s Agreement (page 6) to remove the word, “watermains” from the first sentence. Salentine seconded; motion carried with Pionek abstaining. Reso. #3-2000, as amended, adopted 6 in favor with Pionek abstaining. Reso. # 4-2000 - Approval of Certified Survey Map - Wrecza - Town of Norway. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. # 5-2000 - Approval of Certified Survey Map - Halverson - Town of Norway. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. # 6-2000 - Approval of Certified Survey Map - Halverson - Town of Norway. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. # 7-2000 - Approval of Certified Survey Map - Schweitzer. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. # 8-2000 - Approval of Certified Survey Map - DeBack. Salentine moved for adoption. Sanders seconded. Motion carried 7-0. Reso. # 9-2000 - Approval of Certified Survey Map - Scholbe. Salentine moved for adoption. Sanders seconded. Motion carried 7-0. Ord. #1006 - An Ordinance to Amend the Zoning Map of the City of Muskego - College Avenue/Milwaukee SMSA Ltd. Partnership (I-1 to I-1/OIP), on the floor, deferred 12/14/99. Mr. Turk stated that Evans recommended the petitioner negotiate with National School Bus for the replacement of the existing tower. Petitioner has agreed and requested to be placed on the February 1 Plan Commission agenda. Slocomb moved to defer. Patterson seconded; motion carried. Ord. #1008 - An Ordinance to Amend the Zoning Map of the City of Muskego - Pinkowski - RSE to B-4. Second Reading. Salentine moved for adoption. Slocomb seconded. The Mayor noted the petitioner verbally withdrew the rezoning request at the Plan Commission meeting. Motion to adopt failed unanimously. Salentine stated the reason is that the Plan Commission denied without prejudice as the petitioner withdrew request at the Plan Commission meeting. Common Council Minutes Page 3 January 11, 2000 Ord. #1009 - An Ordinance to Amend the Zoning Map of the City of Muskego - Sholbe - EA to A. Second Reading. Salentine moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #14-2000 - Support of Blue Chip Grant Application. Slocomb moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #17-2000 Resolution to Adopt the Durham Hill Design Guide. Mr. Turk stated the guide was prepared by the Mayor’s Task Force and the Plan Commission has adopted. Slocomb noted that adoption of the guide requires a simple majority vote of the Plan Commission; a variation requires five affirmative votes. An ordinance to require a 2/3 majority vote to change the guide was discussed. Atty. Molter cautioned that the requirement of a super majority vote can make things complicated and create problems. Pionek noted that the Council did not adopt the Downtown Design Guide and asked why it should adopt this guide. Slocomb moved to amend resolution to change “adopt” to “accept.” Pionek seconded; motion carried. Pionek stated he would like to see the Downtown Design Guide brought back for the Council to accept. Pionek moved to defer to allow for further review. Le Doux seconded; motion carried. Reso. #18-2000 Approval of Certified Survey Map - Marek. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. Discussion took place with Mr. Turk regarding providing plat maps to the Council members. He will continue to provide as requested; those aldermen that do not want to keep should return maps to Plan Department. Mr. Turk left at 9:25 p.m. COMMITTEE REPORTS Salentine moved for acceptance of the 1/5/00 and 1/11/00 Finance Committee minutes. Sanders seconded; motion carried. Patterson moved for acceptance of the 1/6/00 Public Services Committee minutes. Pionek seconded; motion carried. Sanders moved for acceptance of the 12/20/99 Public Utilities Committee minutes. Le Doux seconded; motion carried. Minutes of the 12/13/99 Parks & Recreation Board, 12/15/99 Library Board, and 1/4/00 Plan Commission were received and placed on file. Reso. #10-2000 - Resolution to Create Position of Clerk-Treasurer Secretary. Salentine moved for adoption. Sanders seconded; motion carried 7-0. Reso. #11-2000 Approval of Agreement Between Waukesha County Dept. of Aging and City of Muskego. Sanders moved for adoption. Chiaverotti seconded; motion carried 7-0. Reso. #12-2000 Approval of Amendment to Personnel Code for Management and Other Nonrepresented Employees of the City of Muskego. Salentine moved for Common Council Minutes Page 4 January 11, 2000 adoption. Slocomb seconded. Slocomb moved to defer. Salentine seconded; motion carried. Reso. #13-2000 Approval of Articles of Agreement for Sketch Vectoring Services with Cole-Layer-Trumble Company. Slocomb moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #15-2000 Relocation Order of the City of Muskego, Waukesha County, Wisconsin (Superior Emerald Park/Sewer). Slocomb moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #16-2000 Authorizing the Hiring of an Appraiser and Relocation Expert to Carry Out Relocation Order Known as Resolution #15-2000. Slocomb moved for adoption. Le Doux seconded. Motion carried 7-0. Reso. #19-2000 Establishing Traffic Regulations. Patterson moved for adoption. Pionek seconded. Motion carried 7-0. Ord. #1011 - An Ordinance to Amend the Zoning Map of the City of Muskego (R-2, R-3, RS-3, B-4 to RS-3/OPD - Champions Village Addition No. 3). First Reading. LICENSES Slocomb moved for approval of Operator’s License for Peggy Schramm. Salentine seconded; motion carried. VOUCHER APPROVAL Slocomb moved for approval of payment of general vouchers in the amount of $559,439.65. Sanders seconded. Motion carried 7-0. Slocomb moved for approval of payment of tax checks in the amount of $12,734,617.21. Sanders seconded. Motion carried 7-0. Sanders moved for approval of payment of utility vouchers in amount of $162,706.72. Le Doux seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS The Clerk announced the following public hearings: 1/25/2000 at 7:20 p.m. to consider petition of Redmond Construction to rezone property from RS-2/OOS to B-2 in the NW ¼ of Sec. 6 and 7:25 p.m. to consider petition of the Plan Commission to rezone properties of the Country Club Villages from R-2 to RS-3/OPD; 2/8/2000 at 7:20 p.m. to amend Chapter 18 regarding the OLS and OED overlay zoning districts and 7:25 p.m. to consider petition of Burke Properties to rezone property in Sec. 25 from A to RSA/OPD. The Clerk reminded everyone of the 1/31/2000 Joint Council meeting with the City of Franklin at 7:00 p.m. and the Committee of the Whole meeting to be held on 1/12/2000 at 7:00 p.m. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW It was determined that discussion regarding the holding of a public hearing on Jewel/Osco would be placed on the next Council agenda. Common Council Minutes Page 5 January 11, 2000 Patterson 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 negotiating contract with Muskego Volunteer Fire Co. Chiaverotti seconded. Motion carried 7-0. The Clerk, Deputy, and City Atty. were dismissed. Salentine moved to reconvene into open session. Patterson seconded. Motion carried 7-0. Reso. #215-99 - Approval of Fire Protection Contract with Muskego Volunteer Fire Company for 2000, on the floor, deferred 12/14/99. Patterson moved to defer. Chiaverotti seconded; motion carried. Slocomb moved to adjourn at 11:02 p.m. Chiaverotti seconded; motion carried. Minutes taken and transcribed by Jill Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer jmb