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CM092600 COMMON COUNCIL - CITY OF MUSKEGO (Approved 10/10/00) MINUTES OF MEETING HELD SEPTEMBER 26, 2000 The meeting was called to order at 7:47 p.m. by Mayor De Angelis. Also present were Ald. Slocomb, Chiaverotti, Le Doux, Patterson, 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-Treasurer stated the meeting was noticed in accordance with the open meeting law on 9/22/00. Slocomb moved for approval of minutes of 9/12/00 and 9/14/00. Salentine seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor De Angelis stated the library will be closed on Friday, 9/29 as the final lift of asphalt will be poured. He also noted an article appeared in the Journal/Sentinel regarding MMSD’s proposal to approve sewer connections based on a land use plan. PERSONAL APPEARANCES Several officials from Wisconsin Electric Power presented information on what is being done to rectify problems in the Muskego area, which includes a new feeder on Woods Road. Residents are encouraged to call 1-800-662-4797 to report any outages. WEPCO has expanded the capacity to receive calls. COMMITTEE REPORTS Sanders moved for acceptance of the 9/18/2000 and 9/26/2000 Public Utilities Committee minutes. Slocomb seconded; motion carried. Slocomb moved for acceptance of the 9/20/2000 and 9/26/2000 Finance Committee minutes. Sanders seconded; motion carried. Minutes of the 9/11/2000 Parks & Recreation Board and 9/19/2000 Plan Commission were received and placed on file. OLD BUSINESS Reso. #134-2000 - Establish Traffic Regulations, on the floor, deferred 9/12/2000. Chiaverotti moved to defer to Public Services Committee. Le Doux 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 9/12/00. Mr. Turk stated the Plan Commission denied approval of the Building, Site and Operation Plan for this location and also recommended that the rezoning be denied. He noted that the petitioner submitted written correspondence stating that the intent is to comply with the City’s new siting ordinance for wireless facilities. A stealth pole would be constructed and no rezoning required. Motion to adopt defeated 7-0 for the reasons as previously stated. Ord. #1037 - An Ordinance to Amend the Zoning Map of the City of Muskego (Tess Corners Volunteer Fire Department - RSE to RSE/OIP), on the floor, deferred 9/12/00. Slocomb moved to defer. Le Doux seconded; motion carried. Ord. #1040 – An Ordinance to Amend Chapter 29 of Municipal Code of the City of Muskego (Erosion Control). Second Reading. Slocomb moved for adoption. Chiaverotti seconded. Slocomb moved to amend Section 4 to add the words “not less than” before “two (2) days written notice” in Section 29.09 (3). Salentine seconded; motion carried. Discussion took Common Council Minutes Page 2 September 26, 2000 place regarding the inclusion of Section 29.06 (1)(c) as an exception with Mr. McMullen directed to research and bring forward an amendment in the future if necessary. Sanders moved to amend to correct the reference in Section 2 to “29.06 (1)” and to add the word “Control” between “Erosion Deposit” contained in 29.06 (1)(c). Slocomb seconded; motion carried. Ord. #1040, as twice amended, adopted 7-0. Ord. #1041 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-2/W/L to RSA/OPD/L/W - Rausch). Second Reading. Slocomb moved for adoption. Sanders seconded. Motion carried 7-0. Ord. #1042 – An Ordinance to Adopt the 2010 Comprehensive Plan for the City of Muskego. Second Reading. Sanders moved for adoption. Slocomb seconded. Slocomb moved to defer to allow more time to review. Wichgers seconded; motion carried. NEW BUSINESS Reso. #194-2000 - Release of Easement - Malinowski. Sanders moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. #195-2000 - Resolution to Establish Fees (Schedule of Building Permit Fees - Erosion Control Deposits). Sanders moved for adoption. Chiaverotti seconded. Motion carried 7-0. Reso. #196-2000 - Resolution to Create and Revise Positions - Engineering/Building Inspection and Planning Departments. Salentine moved for adoption. Slocomb seconded. Mr. McMullen explained the reorganization of the Engineering/Building Inspection Department. He has proposed the creation of Commercial Building/Plumbing Inspector and Civil Technician II positions to replace the positions of Engineering Technician/Building Inspector and Soil Erosion Inspector. The Civil Technician II and Plan Department Lakes Project Coordinator will perform soil erosion control duties. Mr. Turk stated he proposes to eliminate the Draftsperson position now that the GIS position has been created and filled. Employees of both departments will be cross-trained to better serve the public; job descriptions have been amended to reflect that change. Motion carried 7-0. Reso. #197-2000 - Relocation Order of the City of Muskego, Waukesha County, Wisconsin (Martin Drive). Salentine moved for adoption. Sanders seconded. It was noted that a new resolution and attached Exhibits identified as “Z-1” through “Z-7” was distributed. Atty. Molter stated that an Agricultural Impact Statement needs to be requested, as well as a relocation expert and appraiser hired. Motion carried 7-0. Reso. #198-2000 - Appointment to Library Board. Removed from agenda. Ord. #1043 - An Ordinance to Amend Chapter 18, Section 18.23 of the Municipal Code of the City of Muskego (Existing Substandard Lots). First Reading. Slocomb requested the Plan Director forward any additional comments received regarding the proposed amendment. Mr. McMullen and Mr. Turk were dismissed. LICENSES Slocomb moved to approve Operator’s Licenses for Rebecca Gardner, Steve Borgardt, and Jennifer Duller. Salentine seconded; motion carried. Slocomb moved for approval of Thomas Licht as new agent for Class “A” License for Kwik Trip. Salentine seconded; motion carried. Common Council Minutes Page 3 September 26, 2000 VOUCHER APPROVAL Slocomb moved for approval of payment of General Vouchers in the amount of $608,739.56. Le Doux seconded. Motion carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $308,909.47. Le Doux seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS The draft October calendar was discussed. The Mayor stated he would coordinate organizing the initial subcommittee meeting to discuss the assessment of lake district fees. Several aldermen expressed interest in serving on the subcommittee. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW The Council members received a redlined version of a proposed amendment to cable television ordinance and agreement. Slocomb requested what is proposed be compared to the current ordinance and agreement. The Public Services Committee will review; Mr. Chernow of the Regional Telecommunications Commission will be invited to attend. The Mayor will obtain a copy of the ordinance adopted by another municipality. For information purposes, Salentine stated that the drawdown of Little Muskego Lake was scheduled for 10/9 as determined by the Public Works Committee. The Mayor stated that the Lakes Project Coordinator is compiling a list of storm water projects. 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 Point Denoon Road Right-of-Way. Sanders seconded. Motion carried 7-0. The Clerk and Deputy were dismissed. Wichgers moved to reconvene into open session. Patterson seconded. Motion carried 7-0. Salentine moved to adjourn at 10:41 p.m. Le Doux seconded; motion carried. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer