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CM012500 COMMON COUNCIL - CITY OF MUSKEGO Approved as corrected MINUTES OF MEETING HELD JANUARY 25, 2000 2/8/2000 The meeting was called to order at 7:57 p.m. by Mayor De Angelis. Also present were Ald. Slocomb, Chiaverotti, Le Doux, Patterson, Pionek, Salentine, and Sanders, City Attorney Larson, Clerk-Treasurer Marenda, Director of Planning Turk, and Deputy Clerk Blenski. The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting law on 1/21/2000. Salentine moved for approval of minutes of the 1/11/2000 and 1/20/2000 meetings. Slocomb seconded; motion carried. The Clerk-Treasurer read the closed session notice. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor reported on the status of the library and legislative action regarding T-1 lines. COMMITTEE REPORTS Slocomb moved for acceptance of the 1/19/00 and 1/25/00 Finance Committee minutes. Sanders seconded; motion carried. Sanders moved for acceptance of the 1/17/00 Public Utilities Committee minutes. Le Doux seconded; motion carried. Pionek moved for acceptance of the 1/24/00 Public Works Committee minutes. Chiaverotti seconded; motion carried. Minutes of the 1/10/00 Parks & Recreation Board and 1/18/00 Plan Commission were received and placed on file. 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). Second Reading. Salentine moved for adoption. Le Doux 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, on the floor, deferred 1/11/00. Mayor reviewed attachment, as amended. Chiaverotti moved to amend attachment. Patterson seconded; motion carried. Reso. #12-2000, as amended, adopted 7-0. Reso. #17-2000 Resolution to Accept the Durham Hill Design Guide., on the floor, deferred 1/11/00. It was noted that technical corrections to the guide were made and copies distributed to the Aldermen. Slocomb reiterated his disagreement with the guide’s requirement of a super majority of the Plan Commission to allow designs which vary from its standards. Amended Reso. #17-2000 adopted 7-0. Reso. #21-2000 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit for Champions Village Addition No. 3 of Country Club Villages. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. Common Council Minutes Page 2 January 25, 2000 Reso. #22-2000 - Approval of Certified Survey Map - Duklas/Meinen. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Patterson favors holding another public hearing regarding the rezoning of the parcel proposed to be developed by Jewel/Osco. Pionek agrees because at the previous hearing nothing was mentioned about a Jewel/Osco. He has received numerous calls; people want a public hearing. Patterson stated that it will also provide input about other commercial development in the area. Chiaverotti noted that the Council must stick to the issue of zoning. The Mayor stated that a public hearing regarding the rezoning petition was held a year and a half ago which meets state statute requirements. An informational hearing could be held. Salentine objected to holding another hearing. Pionek asked Mr. Turk what amount of commercial development at that site was outlined in the City’s Master Plan. Mr. Turk responded originally five to six acres with the Plan Commission amending the Plan to include 18 acres for commercial and multifamily use. Pionek stated that the business area is being spread out too much. The Mayor responded that the City does promote its downtown area but people cannot be forced to locate there. Chiaverotti asked what has changed to constitute another hearing. Patterson said people are more concerned about potential development. Sanders stated that the intersection of Janesville and Moorland will be the hub of business activity; there is no way around that. Salentine stated that the community wants a department store. Businesses are not willing to locate here because the City makes it too difficult. Sanders agreed. Chiaverotti stated that the Council passed a resolution of intent regarding the rezoning and another hearing is not appropriate. Salentine concurred. The City Atty. stated the petitioner must be treated fairly throughout the process. Salentine noted that the development continues to move through the City’s approval process. Chiaverotti requested the minutes of the original public hearing for the Council to review. She requested that the reason to hold another public hearing be stated. Patterson stated to further discuss plan to change the zoning to determine if it is still appropriate. Chiaverotti stated the Council will have that opportunity at a later date. Patterson moved to have a resolution placed on the next Council agenda regarding another public hearing being held. Pionek seconded. Sanders asked why and Patterson stated to obtain the input of the citizens. Motion failed with Slocomb, Chiaverotti, Le Doux, Salentine, and Sanders voting “no,” and Patterson and Pionek voting “yes.” Mr. Turk was dismissed at 8:56 p.m. Reso. #23-2000 - Final Resolution Authorizing Installation of Water Main Improvements and Levying of Special Assessments Against Benefited Property (Woods Road-Kurtze Lane to Bay Lane Water Main Project MW-26-99). Sanders moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. #24-2000 - Waiver of Special Assessment Notice and Hearing and Final Special Assessment Resolution Authorizing Installation of Sewer Improvements and Levying Special Assessments Against Benefited Properties (Pellman). Sanders moved for adoption. Slocomb seconded. Motion carried 7-0. Common Council Minutes Page 3 January 25, 2000 Reso. #25-2000 - Award of Bid - Woods Road - Kurtze Lane to Bay Lane Water Main Project. Sanders moved for adoption. Le Doux seconded. Motion carried 7-0. Reso. #26-2000 - Final Resolution Authorizing Installation of Water Main Improvements and Levying of Special Assessments Against Benefited Property (Woods Road-East of Racine to Brooke Lane Water Main Project MW-27-99). Sanders moved for adoption. Le Doux seconded. Motion carried 7-0. Mayor stated a meeting is scheduled to determine the timeline of the Woods Road reconstruction project. Reso. #27-2000 - Resolution Indicating Support for the Direction Proposed in the Waukesha County Boundary Restructuring Initiative. Slocomb moved for adoption. Le Doux seconded. Motion carried 7-0. Reso. #28-2000 - Award of Bid - Woods Road - East of Racine to Brooke Lane Water Main Project. Sanders moved for adoption. Le Doux seconded. Motion carried 7-0. Reso. #29-2000 - Reclassification of Nonrepresented Parks Department Positions (Parks Mechanic/Maintenance Worker I and Parks Maintenance Worker II). Sanders moved for adoption. Salentine seconded. The Mayor noted that the job descriptions did not change; however, the frequency of some of the essential duties and responsibilities did. The points and grades for the two positions have been adjusted accordingly. Motion carried 7-0. Reso. #30-2000 - Amendment to Deposit and Forfeiture Schedule. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. #31-2000 - Relocation Order of the City of Muskego, Waukesha County, Wisconsin (Valley Green Pump Station). Sanders moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. #32-2000 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under §66.60 Wis. Statutes as to Sanitary Sewer Assessment Area for North Cape/Ryan North 500 Feet Boxhorn MSS-1-99, Assessment District “SR.” Sanders moved for adoption. Le Doux seconded. Motion carried 7-0. Reso. #33-2000 - Approval of Amendment to Contract for Weekly Refuse Collection and Disposal and Biweekly Recycling Collection and Disposal with Town & Country Waste Service, Inc. Resolution removed from agenda. Reso. #34-2000 - Approval of Superior Emerald Park Landfill Settlement Agreement and Mutual Release. Salentine moved for adoption. Sanders seconded. Salentine moved to defer. Le Doux seconded; motion carried. Reso. #35-2000 - Designating 1999 Unexpended Capital Project Funds to be Carried Over into 2000. Sanders moved for adoption. Salentine seconded. Motion carried 7- 0. Common Council Minutes Page 4 January 25, 2000 Ord. #1012 - An Ordinance to Amend the Zoning Map of the City of Muskego (Redmond Construction - RS-2/OOS to B-2. First Reading. Ord. #1013 - An Ordinance to Amend the Zoning Map of the City of Muskego (Country Club Villages - R-2/OPD and RS-2/OPD to RS-3/OPD. First Reading. Ord. #1014 - An Ordinance to Repeal and Recreate Chapter 1, Section 1.05(2) of the Municipal Code of the City of Muskego (Plan Commission). First Reading. The Mayor noted that the proposed ordinance was written with the Parks and Recreation Board president being a member of the Plan Commission. Slocomb and Patterson favored the current language which states that a member of the Board will serve on the Plan Commission. An amendment to the ordinance will be submitted at the time of second reading. Ord. #1015 - An Ordinance to Amend Chapter 1 of the Municipal Code of the City of Muskego (Location of Polling Places - District 4 and District 6). First Reading. LICENSES Slocomb moved for approval of Operators’ License for Glenn Wichman, Sara Janiszewski, Jessica Erno, Amy Tuchaliski, Sarah Konkel, Josh Koenig, and Nicole Busalacchi. Salentine seconded; motion carried. Slocomb moved for approval of Temporary Class “B”/”Class B” Retailer’s License and Races on Ice for Muskego Icetronauts Snowmobile Club for 2/13/2000. Sanders seconded; motion carried. VOUCHER APPROVAL Slocomb moved for approval of payment of general vouchers in the amount of $1,608,042.21. Le Doux seconded. Motion carried 7-0. Slocomb moved for approval of payment of tax checks in the amount of $29,988.78. Sanders seconded. Motion carried 7-0. Sanders moved for approval of payment of utility vouchers in amount of $282,843.68. Le Doux seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS The Clerk reminded everyone of the 1/31/2000 Joint Council meeting with the City of Franklin at 7:00 p.m. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Salentine requested that items from the meeting that can be used be turned in for the next meeting. Chiaverotti 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. Le Doux seconded. Motion carried 7-0. The Clerk, Deputy, and City Atty. were dismissed. Common Council Minutes Page 5 January 25, 2000 Patterson moved to reconvene into open session. Slocomb seconded; motion carried. Reso. #215-99 - Approval of Fire Protection Contract with Muskego Volunteer Fire Company for 2000, on the floor, deferred 1/11/2000. Slocomb moved to defer. Patterson seconded; motion carried. Chiaverotti moved to adjourn at 11:50 p.m. Sanders seconded; motion carried. Minutes taken and transcribed by Jill Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer jmb