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CM072401 COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF MEETING HELD JULY 24, 2001 Approved: August 14, 2001 The meeting was called to order at 7:37 PM by Mayor De Angelis. Also present were Ald. Slocomb, Le Doux, Patterson, Petfalski, Salentine, Sanders, and Wichgers, City Attorney Molter, and Deputy Clerk Blenski. The Deputy Clerk stated the meeting was noticed in accordance with the open meeting law on 7/20/01 and as amended on 7/23/01. Salentine moved for approval of the 7/10/01 minutes. Sanders seconded. Le Doux requested correction be made to page 2 regarding establishing ward boundaries noting that two incumbents will live in District 2, not District 1. Motion to approve minutes as corrected carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor stated there was no new information regarding the power plant issue other than receipt of correspondence between RMT (consultants of Midwest Power) and the DNR. Nothing has been received from El Paso to date. The Mayor presented one of the new library e-books, which the library is testing. The books were purchased through grant funds. An 8/15/01 closing date has been set for the Boehm-Maciolek property. Youth council nominations are due by 7/31/01. PERSONAL APPEARANCES Finance Director Gunderson and Donald Vilione of Virchow, Krause & Co. presented highlights of the City’s 2000 financial statements noting the City experienced a successful year financially. Both were excused following the presentation. OLD BUSINESS Ord. #1074 – An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan of the City of Muskego (RSE to B-3/OPD – Dreamland Planned Development). Second Reading. Salentine moved for adoption. Le Doux seconded. The Mayor stated he contacted Joseph Grippe to address concerns outlined in his memo dated 7/21/2001. Petfalski and Wichgers complimented the developers for the way everything was handled. Motion carried 7-0. NEW BUSINESS Reso. #135-2001 - Approval of Certified Survey Map - Dreamland Planned Development/Kohls. Le Doux moved for adoption. Petfalski seconded. Motion carried 7-0. Reso. #136-2001 - Approval of Amendment No. 1 to Developer’s Agreement, Letter of Credit, Cost Breakdown and Building, Site and Operation Plan - Dreamland Planned Development. Petfalski moved for adoption. Salentine seconded. Motion carried 7-0. Common Council Minutes Page 2 July 24, 2001 COMMITTEE REPORTS Slocomb moved for acceptance of the 7/18/01 and 7/24/01 Finance Committee minutes. Salentine seconded; motion carried. Petfalski moved for acceptance of the 7/24/2001 Public Utilities Committee minutes. Sanders seconded; motion carried. Minutes of the 7/17/2001 Plan Commission and 7/9/01 Parks and Recreation Board were received and placed on file. NEW BUSINESS Reso. #134-2001 - Resolution Approving Settlement of Potential Claim of Zaharopoulos. Slocomb moved for adoption. Le Doux seconded. Motion carried 7-0. Reso. #137-2001 - Award of Bid - Water Tower Paint Repair Project. Petfalski moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #138-2001 - Approval of Certified Survey Map - Bonnert, Town of Norway. Le Doux moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. #139-2001 - Approval of Certified Survey Map - Stefaniak. Le Doux moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #140-2001 - Approval of Legal Lot Status - Bruch. Le Doux moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #141-2001 - Resolution of Necessity - Ewald-Engel. Slocomb moved for adoption. Salentine seconded. Mayor stated acquisition is for conservation purposes. Stewardship money may be available through the DNR. Motion carried 7-0. Reso. #142-2001 - Acceptance of Proposals for Market Analysis/Feasibility for Community Center(Partners in Design) and Theatre(Engberg). Petfalski moved for adoption. Le Doux seconded. The Mayor outlined what the studies will do, which include a community survey to obtain public input, a market analysis to determine the appropriate size, funding basics, programming for the facility, and preliminary design work for the layout. Public and private facilities will be reviewed during the analysis. Both proposals include a variety of consultants. The results should be available within about five months. Two separate committees will coordinate the project. The Mayor also stated he will need an additional Council representative to serve on the second committee. He also requested the names of citizen representatives who may be able to serve on either committee. Reso. #143-2001 - Approval of Letters of Credit -Verizon. Sanders moved for adoption. Slocomb seconded. Motion carried 7-0. Common Council Minutes Page 3 July 24, 2001 Ord. #1075 - An Ordinance to Amend Chapter 17, Sections 5.04(4) and 9.04(4) of the Municipal Code of the City of Muskego (Floor Area Ratio Calculations in OLS District). First Reading. Salentine moved to suspend rules. Wichgers seconded. Salentine stated there is an offer on a property in her district and passage of this ordinance will be beneficial. Patterson stated he has concerns. Salentine stated it only affects properties within the OLS District. Petfalski noted the Plan Department did test studies and did not find the ordinance would have any negative impact. The size of structures will not change, only an owner’s ability to make changes to a basement area. Slocomb stated floor area ratio was initially established for commercial developments. It should never have been applied to residential facilities. Motion carried. Ord. #1075. Second Reading. Salentine moved for adoption. Le Doux seconded. Motion carried 7-0. The City Atty. was dismissed at 8:38 PM. LICENSES Slocomb moved for approval of Operators’ licenses for Robert Bankenbusch (Temporary), Donna Mae Morris, Laura Brandt, Emily Ottaviano, Lorrie Benning, Wayne Mierzwiak, Kenneth Soch, Michael Rekawski, James Sell, Robert Kuchenbecker, Patricia Maier (Renewal), James Lovald (Renewal) and Suzette Roushia (Renewal - “Class A” only). Salentine seconded; motion carried. Slocomb moved for Temporary Class “B”/“Class B” Retailer’s License for the Muskego Community Festival for 8/24, 8/25 and 8/26/2001. Petfalski seconded; motion carried. VOUCHER APPROVAL Slocomb moved for approval of payment of General Vouchers in the amount of $631,418.29. Salentine seconded. Motion carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $263,996 45. Petfalski seconded. Motion carried 7-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW The Mayor presented information regarding a 6.7-acre parcel of land located on Janesville Road next to the Clark Station which if acquired could allow expansion of the Freedom Square Pond area. The Army Corps of Engineers may not allow the City to rehabilitate wetlands in the area. There is currently grant money available for the Freedom Square Pond project. The consensus of the Council was to begin the process to investigate the land purchase. Sanders stated he would like to have the Army Corps determination. There are lots of questions. He does not want to buy something that may not be large enough. The Mayor stated work would begin on Wednesday (8/1) by Wis. Electric Power Co. to move high voltage lines located underneath the Bay Lane/Woods Road intersection. WEPCO indicates it will take three weeks to move all the lines. This work will cause problems with the Woods Road project timeline. A conflict exists with WEPCO as far as who will pay to move the lines. WEPCO contends it owns the right-of-way underneath the street in that location. The City is continuing to research the issue. Cost estimate is Common Council Minutes Page 4 July 24, 2001 $76,000. The payment issue still remains unresolved but the work will begin. Petfalski requested WEPCO notify businesses in the industrial park regarding a potential power outage. The Mayor will contact WEPCO. Slocomb stated that the Corvette Club contacted him and offered cars to the Aldermen for the parade. The Council members expressed interest. Sanders moved to adjourn at 9:03 PM. Petfalski seconded; motion carried. Respectfully submitted, Jill Blenski, CMC Deputy Clerk