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CM072500 COMMON COUNCIL - CITY OF MUSKEGO (Approved 8/8/00) MINUTES OF MEETING HELD JULY 25, 2000 The meeting was called to order at 7:43 p.m. by Mayor De Angelis. Also present were Ald., Slocomb, Chiaverotti, Le Doux, Patterson, Salentine, Sanders, and Wichgers, City Attorney Molter, Clerk-Treasurer Marenda, Finance Director Gunderson, and Deputy Clerk Blenski. The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting law on 7/21/00. Salentine moved for approval of minutes of 7/11/00. Sanders seconded; motion carried. The Clerk-Treasurer read the closed session notice. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor De Angelis read proclamation for “America’s National Night Out” on August 1. He reported that the remainder of the library furniture has arrived and the construction of City Hall is on schedule. PERSONAL APPEARANCES Finance Director Gunderson and Donald Vilione of Virchow, Krause & Co. presented highlights of the City’s 1999 financial statements noting the City experienced a successful year financially. Both were excused at 8:04 p.m. COMMITTEE REPORTS Sanders moved for acceptance of the 7/19/2000 and 7/25/2000 Finance Committee minutes. Slocomb seconded; motion carried. Sanders moved for acceptance of the 7/17/2000 Public Utilities Committee minutes. Le Doux seconded; motion carried. Salentine moved for acceptance of the 7/24/2000 Public Works Committee minutes. Patterson seconded; motion carried. Minutes of the 6/28/2000 Library Board, 7/10/2000 Parks and Recreation Board, and 7/18/2000 Plan Commission were received and placed on file. OLD BUSINESS Reso. #134-2000 - Establish Traffic Regulations, on the floor, deferred 7/11/2000. Chiaverotti moved to defer so the issue could be discussed at the August Public Services Committee. Wichgers seconded; motion carried. Ord. #934 - An Ordinance to Amend Chapter 14, to Add Section 1.5 (2)(n) of the Municipal Code of the City of Muskego Floodplain Ordinance: Official Map (Plum Creek), on the floor, deferred 7/11/00. Patterson moved to defer. Wichgers seconded; motion carried. 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 7/11/00. Chiaverotti moved to defer. Salentine seconded; motion carried. Ord. #1029 - An Ordinance to Amend the Zoning Map of the City of Muskego (LandVest Development Group, Inc. A/OHS to B-2), on the floor, deferred 6/13/2000. Slocomb reviewed the discussion that took place at the Plan Commission level. There was concern that rezoning Common Council Minutes Page 2 July 25, 2000 the entire 26-acre parcel to B-2 presented the potential for large scale commercial development, which conflicts with the current and proposed Comprehensive Plans. The proposed Comprehensive Plan supports 5 to 10 acres of convenience retail in this area. The petitioner has not presented specific details as to what he proposes for the site. He was not interested in rezoning only the portion that fronts Janesville Road. It has been stated that the entire 26 acres could not be utilized because of wetlands. However, Chiaverotti noted that the exact amount is unknown because a wetland delineation was not done. The Plan Commission defeated the resolution to recommend approval. Motion to adopt defeated unanimously 7-0. Slocomb noted the petitioner could come back with a more formal plan and request rezoning of 12 to 13 acres. Ord. #1032 - An Ordinance to Amend Chapter 14 to Add Section 1.5(2)(o) of the Municipal Code of the City of Muskego Floodplain Zoning Ordinance: Official Map (Jewel Creek), on the floor, deferred 7/11/00. Sanders moved to defer. Wichgers seconded; motion carried. Ord. #1033 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-3 and RS-2 to RS-3/OPD - Quietwood Creek Subdivision), on the floor, deferred 7/11/00. Motion to adopt carried 7-0. NEW BUSINESS Reso. #156-2000 - Reapproval of Certified Survey Map - Wiza. Chiaverotti moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #157-2000 - Approval of Final Plat, Letter of Credit, Subdividers’ Agreement, and Retention Pond Maintenance Agreement for Quietwood Creek Subdivision. Sanders moved for adoption. Wichgers seconded. Slocomb stated the bike path was not shown on the plat. No one objected to granting privilege to Mr. Carity to speak. He noted that he brought the exhibit showing the bike path. Slocomb moved to amend the reso. to add, “BE IT FURTHER RESOLVED That the location of the utilities and the paved pedestrian path across City property is subject to review and approval of the City’s Engineering and Building Inspection Director, Plan Director, and Parks and Recreation Director.” Le Doux seconded; motion carried. Mr. Carity was in agreement with the amendment. Reso. #157-2000, as amended, adopted 7-0. Reso. #158-2000 - Appointment of Citizen Member to the Police and Fire Commission (Terrence Sindic). Salentine moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #159-2000 - Resolution Designating Halloween Trick or Treat Hours (6:00 p.m. to 8:00 p.m. on Tuesday, 10/31/2000). Patterson moved for adoption. Salentine seconded. Wichgers stated some residents prefer the daylight hours especially for younger children. Individual neighborhoods can continue to have evening hours. One suggestion was to have the time start earlier. Patterson noted he received no complaints and suggested keeping the nighttime hours. Salentine also noted she did not receive complaints. She stated people prefer to have on Halloween. Chiaverotti stated the community appears to prefer the nighttime hours. Sanders stated young children have to be accompanied no matter when it is held. It was determined not to begin the time period earlier than 6:00 p.m. because there would be too much rush hour traffic. Motion to adopt carried 6 in favor and Wichgers opposed. Reso. #160-2000 - Amendment to the 2000 Budget. Slocomb moved for adoption. Salentine seconded. Motion carried 7-0. Common Council Minutes Page 3 July 25, 2000 Ord. #1035 - An Ordinance to Repeal and Recreate Chapter 21 of the Municipal Code of the City of Muskego (Sewer Utility). First Reading. The Clerk-Treasurer stated that a proposed amendment would be brought forward to change the REC chart identified on page 10 for mother-in-law properties. Ord. #1036 - An Ordinance to Amend Chapter 18, Section 18.60(3), of the Municipal Code of the City of Muskego (Street Trees). First Reading. It was noted that Section (3) e) needed to be reviewed. LICENSES Slocomb moved for approval of Operators’ Licenses for Kristy Fabricius and Dan Whiteaker. Wichgers seconded; motion carried. Slocomb moved for approval of “Class B” Retailer’s License for the Sale of Fermented Malt Beverages and Intoxicating Liquors for Carlton Sayer. Sanders seconded. Motion carried 7-0. Slocomb moved for approval of Temporary Class “B”/ “Class B” Retailer’s License for St. Paul’s Church for 8/6/2000. Salentine seconded; motion carried. VOUCHER APPROVAL Slocomb moved for approval of payment of General Vouchers in the amount of $322,440.09. Sanders seconded. Motion carried 7-0. Slocomb moved for approval of Tax Checks in the amount of $2,544.05. Salentine seconded. Motion carried 7-0. Le Doux moved for approval of payment of Utility Vouchers in the amount of $131,302.72. Slocomb seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS The Clerk-Treasurer announced the following public hearings to be held on 8/8/2000: 7:25 p.m. to consider petition of Tess Corners Volunteer Fire Department to rezone property in the SW ¼ of Section 25 to include OIP overlay; 7:20 p.m. to consider creation and adoption of Chapter 36 of the Municipal Code (Wireless Facilities); 7:15 p.m. to consider petition of Pegarl LLP to rezone the Rausch property in the SE ¼ of Section 17 from RS-2/W/L to RSA/OPD/W/L. The draft of the August calendar was also received. Donald Pionek requested to make a presentation to the Committee of the Whole regarding a proposed layout for the Old Muskego Settlement Centre. The 7/27/2000 agenda would be amended to include. It was not necessary to convene into closed session. Le Doux moved to adjourn at 8:52 p.m. Slocomb seconded; motion carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer