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CM010901 COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF MEETING HELD JANUARY 9, 2001 (Corrected* and approved 1/23/2001) The meeting was called to order at 8:13 p.m. by Mayor De Angelis. Also present were Ald. Slocomb, Chiaverotti, Le Doux, Patterson, Salentine, Sanders and Wichgers, Engineering/Building Inspection Director McMullen, Plan Director Turk, 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 1/5/2001. Salentine moved for approval of minutes of 12/12/00. Sanders seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor announced the appointment of Don Reidy to the Mayor’s Task Force. He presented an update on the progress of the lower level remodeling of City Hall. Mayor De Angelis stated he would continue to forward correspondence to the Aldermen regarding the Stoneridge Groundwater Remediation. Reso. #245-2000 - Approval of Fire Protection Agreement with Muskego Volunteer Fire Company for 2001, on the floor, deferred 12/12/2000. Mayor requested privilege of the floor for representatives of the fire company to respond to inquiries. There were no objections. A memo from the Finance Director discussed two payment options. It is more cost effective for the City to pay the company for the previous year’s fire calls in the first quarter. Fire company representatives stated receipt of the money for the fire calls in the first quarter would be immediately paid out to the members and no additional cash reserves were budgeted in 2001. Patterson moved to amend the 2001 agreement to reflect the change in the quarterly payments as discussed. Wichgers seconded; motion carried. Reso. #245-2000, as amended, adopted 7-0. Ord. #1052 - An Ordinance to Amend the Zoning Map of the City of Muskego (B-3, RS- 1 and RSE to B-3/OPD). Second Reading. Salentine moved for adoption. Sanders seconded. The Mayor stated the proposed amendment would make the rezoning subject to approval of the Building, Site and Operation Plan, Letter of Credit, and Developer’s Agreement. Patterson stated he received calls asking if business growth should be encouraged in a third area of the City. Wichgers also stated concerns. A residential buffer should abut the development. This is putting the cart before the horse. Salentine disagreed and stated development of this area has been pursued for many years. The developer has worked with adjoining property owners to meet their needs. The location of the loading docks was changed. People did not want a residential buffer. Le Doux stated that the area is destined for business use. People he spoke with would not want to build a residence there. Patterson reiterated that development in the existing downtown area should be encouraged. Mr. Turk noted that this particular development would not fit in the City’s existing downtown area. Slocomb moved to amend to add, “subject to approval of certified survey map, Building, Site and Operation Plan, Developer’s Agreement and Letter of Credit” at the end of Section 3. Sanders seconded. Motion carried with Slocomb, Chiaverotti, Le Doux, Salentine and Sanders voting “yes” and Patterson and Wichgers voting “no.” Ord. #1052, as Common Council Minutes Page 2 January 9, 2001 amended, adopted with Slocomb, Chiaverotti, Le Doux, Salentine and Sanders voting “yes” and Patterson and Wichgers voting “no.” Reso. #7-2001 - Approval of Certified Survey Map - King. Chiaverotti moved for adoption. Sanders seconded. Chiaverotti moved to amend last paragraph to read, “BE IT FURTHER RESOLVED That a digital *.DXF file, *.DGN file, or *.DWG file of this Certified Survey Map be submitted to the City prior to City signatures being placed upon the CSM (3-1/2" diskette) and all information transmitted on the diskettes shall be tied to and referenced to State Plane Coordinates NGVD 1929 or others approved by the City Engineer” as recommended by Mr. Turk. Salentine seconded; motion carried. Reso. #7-2001, as amended, adopted 7-0. Reso. #5-2001 - Approval of Building, Site and Operation Plan, Developer’s Agreement and Letter of Credit - Dreamland Development. Slocomb moved for adoption. Chiaverotti seconded. Mr. Turk noted that earlier this evening the Finance Committee reviewed revised documents and the Public Works Committee reviewed and approved stormwater plans. The City has greatly scrutinized development at this site. Motion to adopt carried with 6 in favor and Wichgers voting “no.” Reso. #6-2001 - Approval of Certified Survey Map - Dreamland Development. Chiaverotti moved for adoption. Salentine seconded. Mr. Turk stated that the final version of the certified survey map would indicate an easement from Koso to the service drive off of Janesville Road. Motion carried with 6 in favor and Wichgers voting “no.” Ord. #1050 - An Ordinance to Amend the Zoning Map of the City of Muskego (RCE to RCE/OIP - Denoon Park Expansion). Second Reading. Sanders moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #1-2001 - Amended Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under §66.60 WI Statutes as to Sanitary Sewer Assessment Area for North Cape/Ryan North 500 Feet Boxhorn (Project MSS-1-99; Assessment District “SR”). Sanders moved for adoption. Le Doux seconded. Mr. McMullen stated the assessment area is being amended to add the Blattner property. Motion carried 7-0. Reso. #2-2001 - Designating Public Officials to Issue Nontraffic Citations in Accordance with Section 1.06(3)(a) of the Municipal Code of the City of Muskego. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. #3-2001 - Amended Resolution of Necessity (Park Acquisition). Le Doux moved for adoption. Patterson seconded. Motion carried 7-0. Ord. #1053 - An Ordinance to Amend the Zoning Map of the City of Muskego (EA to A - Dale Creek Gun Dogs). First Reading. Atty. Molter stated that the submittals from the public hearing will need to be reviewed. Common Council Minutes Page 3 January 9, 2001 Ord. #1054 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS- 2/OLR to RS-2 - Friedrich). First Reading. Ord. #1055 - An Ordinance to Amend the Zoning Map of the City of Muskego (EA/OOS to A - Kaebisch). First Reading. Atty. Molter, Mr. Turk and Mr. McMullen were dismissed at 9:30 p.m. COMMITTEE REPORTS Slocomb moved for acceptance of the 1/3/2001 and 1/9/2001 Finance Committee minutes. Sanders seconded; motion carried. Sanders moved for acceptance of the 12/12/2000 Public Utilities Committee minutes. Le Doux seconded; motion carried. Minutes of the 11/29/2000 and 12/27/2000 Library Board and 12/19/2000 Plan Commission were received and placed on file. Reso. #134-2000 - Establish Traffic Regulations, on the floor, deferred 12/12/2000. Chiaverotti moved to defer. Le Doux seconded; motion carried. Reso. #206-2000 - Approval of Cable Television Franchise Agreement with Digital Access of Wisconsin, Inc., on the floor, deferred 12/12/2000. Patterson moved to defer. Slocomb seconded; motion carried. Ord. #1042 - An Ordinance to Adopt the 2010 Comprehensive Plan for the City of Muskego, on the floor, deferred 12/12/2000. Slocomb moved to defer. Sanders seconded; motion carried. Ord. #1044 - An Ordinance to Repeal and Recreate Chapter 31 of the Municipal Code of the City of Muskego (Cable Television Franchise), on the floor, deferred 12/12/00. Patterson moved to defer. Le Doux seconded; motion carried. Ord. #1051 - An Ordinance to Amend Chapter 9, Sections 9.14(2), 9.14(3)(a) and 9.14(3)(c) of the Municipal Code of the City of Muskego (Open Fires Restricted). Second Reading. Le Doux moved for adoption. Patterson seconded. Motion carried 7-0. Reso. #4-2001 - A Resolution Authorizing the Issuance of General Obligation Promissory Note (Equipment Note) to Waukesha County for Trunked Radio System. Slocomb moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #8-2001 - Resolution to Authorize Expenditure of Laptop Computers. Slocomb moved for adoption. Patterson seconded. Sanders stated he prefers a 15” display monitor. It was determined that Slocomb would explore the cost of a larger monitor as well as other features including floppy disk capacity and a USB port. The Council agreed to spend an additional $50 for each laptop, if necessary, to include features. Patterson moved to amend the reso. to increase the total expenditure to $22,155 to include additional features at the discretion of the Council President. Sanders Common Council Minutes Page 4 January 9, 2001 seconded; motion carried. Reso. #8-2001, as amended, adopted with 6 in favor and Wichgers voting “no.” LICENSES Slocomb moved for approval of Operators Licenses for Tia Garcia, Kimberly Behling, Kyle Wohler, and Darlene Bitter. Le Doux seconded; motion carried. Slocomb moved for approval of a Temporary Operator’s License for Iris Bohan for 1/20/01. Salentine seconded; motion carried. Slocomb moved for Temporary Class “B”/”Class B” Retailer’s License for St. Leonard Congregation for 1/20/01. Patterson seconded; motion carried. VOUCHER APPROVAL Slocomb moved for approval of payment of General Vouchers in the amount of $526,042.53. Sanders seconded. Motion carried 7-0. Slocomb moved for approval of Tax Checks in the amount of $13,159,384.82 $13,140,869.06* (as corrected at meeting of 1/23/2001). Salentine seconded. Motion carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $36,512.08. Slocomb seconded. Motion carried 7-0. Le Doux moved to adjourn at 10:12 p.m. Slocomb seconded; motion carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer