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CM041001 COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF MEETING HELD APRIL 10, 2001 Approved: April 24, 2001 The meeting was called to order at 7:58 p.m. by Mayor De Angelis. Also present were Ald. Slocomb, Le Doux, Patterson, Petfalski, Salentine, Sanders, and Wichgers, City Attorney Molter, Assistant Planning Director Wolff, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. The Clerk stated the meeting was noticed in accordance with the open meeting law on 4/6/2001. Slocomb moved for approval of the 3/27/01 minutes. Sanders seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor read Proclamation declaring May as Green Up Muskego month. He stated that the PSC has determined that Midwest Power has to go through the approval process for Muskego prior to a determination being made about the New Berlin site. The Mayor also presented an update on state legislative issues. Reso. #77-2001 - Determination of Substantial Change to Planned Development District for Dreamland. Le Doux moved for adoption. Salentine seconded. Mr. Wolff outlined proposed changes, which are still at the conceptual level. The multifamily housing would be eliminated and the commercial space would be increased to accommodate a Kohl’s Department Store. Wichgers stated he has discussed the proposed changes with people in the area. The proposal creates a better buffer and is more desirable to the surrounding residential area. It provides for a better quality of life. Petfalski agreed that Kohl’s was a good selection. Patterson was concerned that the City would approve the proposed changes and Kohls would not locate here. Atty. Molter stated a new developer’s agreement would have to be approved. The Mayor noted that the PUD is tied to approval of Building, Site and Operation Plan. Motion carried 7-0. Reso. #45-2001 - Approval of Cash Deposit Agreement - Verizon Wireless, on the floor, deferred 3/27/2001. Slocomb moved to defer. Wichgers seconded; motion carried. Ord. #1063 - An Ordinance to Amend Chapter 17, Sections 8.01 and 8.11, of the City of Muskego Zoning Ordinance (Second Residences and Guest Houses). Second Reading. Salentine moved for adoption. Le Doux seconded. Motion carried 7-0. Ord. #1064 - An Ordinance to Amend the Zoning Map and Amend the Comprehensive Plan of the City of Muskego (North Cape/Ryan Road/Boxhorn Drive - R-3, R-2 and RS- 2 to RS-3). Second Reading. Sanders moved for adoption. Slocomb seconded. Motion carried 7-0. Ord. #1065 - An Ordinance to Amend the Zoning Map of the City of Muskego (Muskego-Norway School District - RS-1 to RS-1/OIP). Second Reading. Sanders moved for adoption. Le Doux seconded. Sanders moved to amend to correct zoning Common Council Minutes Page 2 April 10, 2001 overlay identified in Section 1 to “OIP” and to add “subject to transfer of ownership of the property to the Muskego-Norway School District.” Le Doux seconded; motion carried. Ord. #1065, as amended, adopted 7-0. Ord. #1066 - An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan of the City of Muskego (Tess Corners Volunteer Fire Department - RSE and A to RSE/A/OIP). First Reading. Additional information was requested as follows: square footage of existing building and new building proposed to be built, age of existing fire department structures and land, potential growth of area, values of properties within proximity of existing fire departments to determine if lower. Sanders also requested information from study done by Dr. Mangiamele around 1977 if available. Salentine noted that a previous petition to rezone was considered spot zoning. Mr. Wolff stated that petition was for a commercial use. This petition is to add the OIP overlay but does not change the underlying zoning. Mr. Wolff was dismissed at 8:32 p.m. Reso. #70-2001 - Resolution of Necessity (Municipal Park Building Purposes/Monheim). Le Doux moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #71-2001 - Amended and Revised Final Resolution Authorizing Installation of Sanitary Sewer Improvements and Levying Special Assessments Against Benefited Property (North Cape/Ryan Road North 500 Feet Boxhorn - Lang). Sanders moved for adoption. Le Doux seconded. Motion carried 7-0. Reso. #72-2001 - Amended and Revised Final Resolution Authorizing Installation of Water Main Improvements and Levying of Special Assessments Against Benefited Property (Woods Road-Kurtze Lane to Bay Lane - Pellmann). Sanders moved for adoption. Petfalski seconded. Motion carried 7-0. Reso. #73-2001 - Approval of Preliminary Plat - Stonegate Estates, Town of Waterford. Le Doux moved for adoption. Slocomb seconded. Motion carried 6 in favor and Patterson voting “no.” Reso. #74-2001 - Renewal of Extractive Permit and Portable Asphalt Plant for Payne and Dolan. Le Doux moved for adoption. Sanders seconded. Petfalski stated company has been very receptive to citizen concerns in the past. Motion carried 7-0. Reso. #75-2001 - Approval of License Agreement Between the City of Muskego and Telecorp. Realty, L.L.C. Sanders moved for adoption. Salentine seconded. Slocomb moved to amend agreement to incorporate all handwritten changes in final document. Petfalski seconded; motion carried. Reso. #75-2001, as amended, adopted 7-0. Reso. #76-2001 - Approval of License Agreement Between the City of Muskego and Owen Ayres & Associates (Moorland Road). Salentine moved for adoption. Sanders seconded. The Mayor stated the agreement will be amended upon further review with the most significant change being the replacement of Section 7.2. Slocomb moved to amend resolution to reflect that the Mayor and Clerk are authorized to sign the agreement “subject to City Attorney’s final review in concurrence with the City Common Council Minutes Page 3 April 10, 2001 Engineer” and to remove the references to “construction” within the resolution and agreement. Patterson seconded; motion carried. Reso. #76-2001, as amended, adopted 7-0. Attorney. Molter was dismissed at 8:44 p.m. COMMITTEE REPORTS Sanders moved for acceptance of the 4/4/2001 and 4/10/2001 Finance Committee minutes. Salentine seconded; motion carried. Salentine moved for acceptance of the 3/26/2001 Public Works Committee minutes. Petfalski seconded; motion carried. Minutes of the 4/3/2001 Plan Commission and 3/28/2001 Library Board were received and placed on file. It was noted that individuals must speak directly into the microphones when utilizing the Council table for a meeting. LICENSES Slocomb moved for approval of Operators’ Licenses for Martin Handle and Thomas LaPointe. Le Doux seconded; motion carried. VOUCHER APPROVAL Slocomb moved for approval of payment of General Vouchers in the amount of $768,679.45. Salentine seconded. Motion carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $326,792.39. Le Doux seconded. Motion carried 7-0. Slocomb moved for approval of tax checks in the amount of $332,144.28. Le Doux seconded. Motion carried. CITY OFFICIALS REPORTS The Clerk-Treasurer stated the next Committee of the Whole meeting would be held Thursday, 4/12/2001 and the Organizational Meeting is 4/17/2001. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Wichgers stated he would not be present at the 4/12 Committee of the Whole meeting and submitted letter to aldermen encouraging support of the Library Board’s proposal. Petfalski moved to adjourn at 8:53 p.m. Sanders seconded; motion carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer