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CM022701 COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF MEETING HELD FEBRUARY 27, 2001 Approved: March 13, 2001 The meeting was called to order at 7:50 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, Assistant Plan Director Wolff, City Attorney Trindl, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. Judge Lentz was also present to swear in Richard Petfalski as the newly appointed alderperson for District 5. The Mayor explained the meeting was being called to order prior to the scheduled public hearing because Judge Lentz had another appointment. The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting law on 2/23/2001. Slocomb moved for approval of the 2/13/01 and 2/19/01 minutes. Salentine seconded; motion carried. The Clerk-Treasurer read the closed session notices. Ald. Chiaverotti presented outgoing comments. Judge Lentz administered the oath of office to Richard Petfalski. Ald. Petfalski presented his comments. Reso. #38-2001 - Resolution Expressing Appreciation to Kathy Chiaverotti. Salentine moved for adoption. Petfalski seconded. Motion carried 7-0. Slocomb moved to adjourn at 8:03 p.m. until completion of the public hearing. Le Doux seconded; motion carried. Mayor De Angelis called the meeting back to order at 8:20 p.m. Mr. Turk and Mr. Wolff were not present. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor stated Ald. Petfalski would assume the committee appointments held by Kathy Chiaverotti. COMMITTEE REPORTS Le Doux moved for acceptance of the 2/21/2001 and 2/27/2001 Finance Committee minutes. Sanders seconded; motion carried. Sanders moved for acceptance of the 2/20/2001 Public Utilities Committee minutes. Le Doux seconded; motion carried. Minutes of the 2/12/2001 Parks and Recreation Board and 2/20/2001 Plan Commission were received and placed on file. Old Business Reso. #206-2000 - Approval of Cable Television Franchise Agreement with Digital Access of Wisconsin, Inc., on the floor, deferred 2/13/2001. The Mayor stated Digital Common Council Minutes Page 2 February 27, 2001 Access is putting plans on hold at this time in an effort to locate new financial backing. Patterson moved to table. Salentine seconded; motion carried. Ord. #1042 - An Ordinance to Adopt the 2010 Comprehensive Plan for the City of Muskego, on the floor, deferred 2/13/2001. The Mayor stated the Plan Commission has asked for some additional changes. Slocomb moved to defer. Petfalski 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 2/13/2001. Patterson moved to table. Le Doux seconded; motion carried. Ord. #1056 - An Ordinance to Amend Chapter 1, Section 1.05, of the Municipal Code of the City of Muskego (Board of Review). Second Reading. Sanders moved for adoption. Le Doux seconded. Motion carried 7-0. Salentine 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 purchase of McIntosh property. Slocomb seconded. Motion carried 7-0. Slocomb 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 foreclosure of property adjacent to Parks Headquarters Building (W180 S7732 Pioneer Drive). Sanders seconded. Motion carried 7-0. The Clerk-Treasurer and Deputy were not present for closed sessions. Salentine moved to reconvene into open session at 9:11 p.m. Sanders seconded. Motion carried 7-0. Mr. McMullen was dismissed. Reso. #44-2001 - Approval of License Agreement and Assignment of Savings Between the City of Muskego and Voicestream PCS II Corporation for Water Tower Site. Salentine moved for adoption. Le Doux seconded. The Mayor noted the term of the contract is 25 years. Motion carried 7-0. Reso. #37-2001 - Recognition of 27 Years of Service - Paul Manske - Muskego Police Department. Slocomb moved for adoption. Wichgers seconded. Motion carried 7-0. The Mayor noted that Mr. Manske was not able to be present. Reso. #39-2001 - Approval of Certified Survey Map - Brott, Town of Vernon. Le Doux moved for adoption. Wichgers seconded. Motion carried 7-0. Reso. #40-2001 - Resolution for NRCS Farmland Preservation Grant 2001. This item was removed. Common Council Minutes Page 3 February 27, 2001 Reso. #41-2001 - Resolution to Establish Board of Review Compensation. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. #42-2001 - Award of Bid - 2001 Muskego Sanitary Manhole Rehabilitation. Sanders moved for adoption. Le Doux seconded. Motion carried 7-0. Reso. #43-2001 - Amended Relocation Order of the City of Muskego, Waukesha County, Wisconsin (Martin Drive). Salentine moved for adoption. Le Doux seconded. Motion carried 7-0. Reso. #45-2001 - Approval of Cash Deposit Agreement - Verizon Wireless. Salentine moved for adoption. Sanders seconded. Salentine moved to defer. Sanders seconded; motion carried. Reso. #46-2001 - Offer to Purchase - McIntosh. Slocomb moved for adoption. Le Doux seconded. The Mayor stated the purchase price of $88,600 would be inserted in the Offer in accordance with discussion at closed session. Salentine moved to amend to add “BE IT FURTHER RESOLVED That liability insurance is required of the McIntoshes during the time of their occupancy from the time of closing until May 1, 2001. Slocomb seconded; motion carried. Reso. #46-2001, as amended, adopted 7-0. Reso. #47-2001 - Approval of Amendment to Lease Agreement Between the City of Muskego and Muskego Chamber of Commerce. Slocomb moved for adoption. Le Doux seconded. The Mayor outlined the changes made at the Finance Committee meeting. Petfalski requested to abstain because he is a Chamber board member. There were no objections. Motion carried with 6 in favor and Petfalski abstaining. Reso. #48-2001 - Acceptance of 2001 Classified Equipment Rates. Salentine moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #49-2001 - Appointment of Citizen Member to Library Board (M. Purser). Salentine moved for adoption. Petfalski seconded. Motion carried 7-0. Ord. #1057 - An Ordinance to Amend Chapter 12, Section 12.02 (1), (2) and (3) of the Municipal Code of the City of Muskego (Non-intoxicating and Soda Water Beverages). First Reading. The Clerk-Treasurer stated a license was required by state statute for the sale of non-intoxicating beverages. This issue will be at the next Finance Committee to establish a fee for non-intoxicating beverages. Ord. #1058 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-2 and RS-3 to RS-2/OPD (Sarah Estates). First Reading. LICENSES Slocomb moved for approval of an Operator’s License for Susan Martin, Jennifer Gudgeon, Melissa Eichhorn and David Kendall. Sanders seconded; motion carried. Common Council Minutes Page 4 February 27, 2001 VOUCHER APPROVAL Slocomb moved for approval of payment of General Vouchers in the amount of $358,420.22. Salentine seconded. Motion carried 7-0. Slocomb moved for approval of Tax Checks in the amount of $284.16. Sanders seconded. Motion carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $323,275.52. Le Doux seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS The Clerk-Treasurer announced the following public hearings scheduled for 3/27/2001: 7:20 p.m. to consider an amendment to Chapter 17 relating to guest houses; 7:25 p.m. to consider petition to rezone properties in the North Cape/Boxhorn/Ryan area in connection with the proposed sewer project; 7:30 p.m. to consider petition to rezone property from RS-1 to RS-1/OIP. Petfalski moved to adjourn at 9:32 p.m. Le Doux seconded; motion carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer