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CM082200 COMMON COUNCIL - CITY OF MUSKEGO Approved (9/12/00) MINUTES OF MEETING HELD AUGUST 22, 2000 The meeting was called to order at 7:36 p.m. by Mayor De Angelis. Also present were Ald. Slocomb, Chiaverotti, Le Doux, Salentine, Sanders, and Wichgers, Plan Director Turk, Engineering and Building Inspection Director McMullen, City Attorney Molter, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. The clerk stated the meeting was noticed in accordance with the open meeting law on 8/18/00. Salentine moved for approval of minutes of 8/8/00. Sanders seconded; motion carried. The clerk read the closed session notices. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor De Angelis noted the community festival and parade will be held this weekend and encouraged everyone to attend. A construction accident occurred at the Quietwood Creek site today. The City Hall project is on schedule with employees to be relocated to the remodeled office space by the second week in October. COMMITTEE REPORTS Slocomb moved for acceptance of the 8/16/2000 and 8/22/2000 Finance Committee minutes. Sanders seconded; motion carried. Le Doux moved for acceptance of the 8/7/2000 Public Service Committee minutes. Wichgers seconded; motion carried. Minutes of the 8/14/2000 Parks and Recreation Board, 7/26/2000 Library Board, and 8/15/2000 Plan Commission were received and placed on file. Ord. #1038 - An Ordinance to Create Chapter 36 of the Municipal Code of the City of Muskego (Wireless Facilities). Second Reading. Slocomb moved for adoption. Chiaverotti seconded. Mr. Turk outlined the proposed amendments, which address the comments expressed at the public hearing and have been recommended by the Plan Commission. The issue of noise has not been addressed as the City’s noise ordinance may need to be reviewed as a separate issue. Slocomb agreed and it was determined review of the City’s noise ordinance would be placed on the next Public Services Committee agenda. Slocomb moved to amend to incorporate the additions as outlined on the pink copy provided. Sanders seconded; motion carried. Ord. #1038, as amended, adopted 6-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Discuss properties in the floodway (Somogji) Mr. Somogji was present. The Mayor stated there are various properties in the City that are located in the floodway, one being the Somogji property. He asked if the Council was interested in pursuing acquisition of these properties. Salentine stated she favors. Slocomb agreed but would like to see a prioritized list of the properties noting this particular property would qualify. Atty. Molter stated he would have to research the method of acquisition. Chiaverotti also supported purchasing properties and prioritizing them. Sanders stated the concept made sense but expressed concern about funding being available to provide assistance to the City. The Mayor stated the City has not qualified in the past. If the Somogji property were purchased, it would be converted to green space. The Mayor stated there are not enough properties that are contiguous to create any type of pathway. The consensus of the Council was to begin the acquisition process for the Somogji property. Common Council Minutes Page 2 August 22, 2000 Reso. #175-2000 - A Resolution Creating, Describing and Making Certain Findings and Approving Project Plan for Tax Incremental District No. 8, City of Muskego, Wisconsin. Salentine moved for adoption. Le Doux seconded. Mr. Dave Anderson of Ehlers & Associates was present. He gave a brief review of the project plan beginning with the projects that could be implemented within a 7-year time frame. The projected revenues support the projected costs. The term is 23 years and the dollar amount is $2.8 million. Slocomb expressed concern about the term length and the feasibility that the Joint Review Board will approve. The Mayor stated the area is recognized as blighted. The County representative is pleased that Janesville Road reconstruction is included as one of the proposed elements of the plan. Slocomb asked Mr. Anderson if he believed the site would get redeveloped without TIF and he responded that he did not believe so. Sanders noted that the Janesville Road reconstruction was not specifically identified in the proposed public works projects identified on page 2 of the plan. He moved to amend to add the reconstruction of Janesville Road under Streets and to amend project plan Map #4 to reflect the Lannon Road and Parkland Drive intersection upgrades. Salentine seconded; motion carried. Discussion ensued regarding the need for additional storm water management. Mayor noted two water quality issues are part of this plan, which include enlargement of Pond #1 and the reroute of the storm sewer connection from the Parkland Mall site and the Lannon Dr. site. Slocomb stated additional storm water improvements are necessary to prevent flooding within the TIF district as something must be done with Pond 3. Mayor De Angelis stated the City recognizes work on the pond is needed and it could be done as a separate project. The project plan now contains the general storm water issues of the entire connective ponds but there are no specific dollars for Pond 3 at this time. Mr. Turk stated that funding is available to be used for water quality issues, not quantity issues from the priority lakes watershed grant funds. Slocomb stated he would like to see both water quantity and water quality issues added to the plan. Mr. Anderson stated if more money is allocated to storm water, then something else has to come out or different assumptions have to be made or it won’t cash flow any more. The amount available is $2.8 million; the project is broadly written and things can change. Mayor explained the plan is based on a development concept at this time, and the monies within the plan can change from project to project within the plan depending on the final developer’s agreement. Wichgers felt that whether in the plan or not the City plans to work on the storm water issues in this area. Mayor noted no money was currently in the plan for Pond 3, and if it is to be included, something needs to be shifted in the plan without changing the bottom line and that quality issues for pond 3 may not all be able to be included as eligible expenses. Sanders expressed concern about jeopardizing the other categories by taking dollars away and reallocating especially since this project should enhance the City’s downtown and that additional storm water work should be reviewed separately, with funding potentially outside of the TIF. Slocomb moved to amend the Proposed TIF Project Estimates Capitalization Schedule to add $430,000 to Storm Water Improvements in the 02-04 column and reduce Development Incentives in the same column to $270,000. The $430,000 represents $280,000 for land acquisition and $150,000 for water quantity issues relating to eliminating flooding in the district. Chiaverotti seconded; motion carried. Reso. #175-2000, as twice amended, adopted 6-0. Mr. Anderson was dismissed at 9:25 p.m. 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 8/8/00. Slocomb moved to defer to Public Works Committee. Sanders 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 8/8/00. Sanders moved to defer. Wichgers seconded; motion carried. Common Council Minutes Page 3 August 22, 2000 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 8/8/00. Mr. McMullen stated letters have been sent to 19 property owners giving them until 9/15 to contact him. Chiaverotti moved to defer. Le Doux seconded; motion carried. Ord. #1037 - An Ordinance to Amend the Zoning Map of the City of Muskego (Tess Corners Volunteer Fire Department - RSE to RSE/OIP). Second Reading. Slocomb moved for adoption. Sanders seconded. Slocomb moved to defer until certified survey map approval. Chiaverotti seconded; motion carried. Ord. #1039 - An Ordinance to Create Chapter 35 of the Municipal Code of the City of Muskego (Property Maintenance Code). Second Reading. Salentine moved for adoption. Le Doux seconded. Atty. Molter reiterated his concern that some of the language is vague and could pose enforceability problems. The Mayor stated the intent was not to be too specific. Slocomb moved to amend Section 35.06 (2) to delete the first sentence. Le Doux seconded; motion carried. Salentine moved to further amend the section to begin the first sentence as follows: “If, after a personal inspection, a property that is subject to this ordinance.” Sanders seconded; motion carried. Ord. #1039, as twice amended, adopted 6-0. Reso. #176-2000 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road Right-of-Way in the City of Muskego, Wisconsin. Salentine moved for adoption. Slocomb seconded. Mr. Turk stated that abutting property owners were notified and no objections were received. Motion carried 6-0. Reso. #177-2000 - Approval of Certified Survey Map - Johnson. Chiaverotti moved for adoption. Slocomb seconded. Motion carried 6-0. Reso. #178-2000 - Amendment to the Deposit and Forfeiture Schedule. Salentine moved for adoption. Sanders seconded. Motion carried 6-0. Reso. #179-2000 - Establishing Traffic Regulations. Le Doux moved for adoption. Sanders seconded. Motion carried 6-0. Reso. #180-2000 - Resolution to Permit Placement of Informational Waterway Marker (Big Muskego Lake). Le Doux moved for adoption. Wichgers seconded. Motion carried 6-0. Reso. #134-2000 - Establish Traffic Regulations, on the floor, deferred 8/8/2000. Chiaverotti moved to defer to Public Services Committee. Le Doux seconded; motion carried. Reso. #164-2000 - Resolution Authorizing Increase in Special Charges for Garbage and Refuse Disposal and Recycling Service, on the floor, deferred 8/8/2000. Slocomb stated the tipping rebate should be used to reduce the rate or prevent an increase for 2001. It was noted that the future of grant revenue received from the State was uncertain. Slocomb moved to amend the resolution to keep the rates the same for 2001. Sanders seconded; motion carried. LICENSES Slocomb moved to approve Operator’s Licenses for Nancy Pillar, Janet Robrahn, and Sandra Freda. Sanders seconded; motion carried. Common Council Minutes Page 4 August 22, 2000 Slocomb moved to approve Temporary Class “B”/“Class B” Retailer’s License for Muskego Corvette Club for 8/26/2000. Wichgers seconded. Motion carried 6-0. VOUCHER APPROVAL Slocomb moved for approval of payment of General Vouchers in the amount of $503,811.26. Salentine seconded. Motion carried 6-0. Slocomb moved for approval of Tax Checks in the amount of $3,193,373.31. Le Doux seconded. Motion carried 6-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $525,210.03. Slocomb seconded. Motion carried 6-0. CITY OFFICIALS’ REPORTS The Clerk-Treasurer noted the following upcoming meetings: 8/29/00 7:00 p.m. BML Annual meeting, 8/30/00 6:45 p.m. Special Common Council meeting to be followed by a Committee of the Whole meeting, 8/31/00 7:00 p.m. Capital Budget Committee meeting. The Clerk requested notification if someone could not be in attendance. COMMUNICATIONS AND MISCELLANEOUS BUSINESS Discuss lake district fees Salentine stated that at the Little Muskego Lake District meeting it was recommended that a committee be formed to determine the methodology to be used to calculate the City’s lake district fees. It was determined that it was too late this year to implement anything new. Slocomb moved that the method to determine the fees will remain the same at this time and the City will pay 15% of the district’s budget. Le Doux seconded; motion carried. The Mayor requested that the Council representative who wished to serve on the committee notify him. The September calendar was reviewed and any necessary adjustments discussed. Slocomb requested privilege of floor for Eric Decker. There were no objections. Mr. Decker stated a new reporter would be covering the Muskego area for CNI. He thanked the City officials for the cooperation he has received. Le Doux 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 land purchase for community center site. Salentine seconded. Motion carried 6-0. 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 grievance submitted by the Muskego Police Association. Slocomb seconded. Motion carried 6-0. The City Attorney, Clerk-Treasurer and Deputy Clerk were dismissed at 10:12 p.m. Salentine moved to reconvene into open session. Wichgers seconded; motion carried. Wichgers moved to adjourn at 11:04 p.m. Sanders seconded; motion carried. Respectfully submitted, Jean K. Marenda, CMC Common Council Minutes Page 5 August 22, 2000 Clerk-Treasurer