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CM121101 COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF MEETING HELD DECEMBER 11, 2001 Approved: January 8, 2002 The meeting was called to order at 7:44 PM by Mayor De Angelis. Also present were Ald. Slocomb, Le Doux, Patterson, Petfalski, Salentine, Sanders, and Wichgers, City Attorney Molter, Clerk-Treasurer Marenda, Information Systems Director Sommers, Engineering/Building Inspection Director McMullen and Deputy Clerk Blenski. Attorney Feeley was also in attendance representing the City regarding the community center issue. Those present recited the Pledge of Allegiance. The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting law on 12/07/01 and amended on 12/10/01. The Clerk-Treasurer read the closed session notice. Slocomb moved for approval of minutes of 11/27/01 and 11/29/01. Petfalski seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor stated there was nothing new regarding the power plant issue. The Plan Commission deferred action for further information to be submitted. Kelly De Grave was appointed as the Adult-At-Large to the Teen Advisory Board. The Mayor also gave an update on State issues and stated the Vision 2002 meeting would be held on Wednesday (12/12). PERSONAL APPEARANCES Mr. Sommers introduced Perry Fritz of Schenck Technology Solutions. Mr. Fritz reviewed the Network/Application Study performed for the City and discussed future technology planning for various departments. Mr. Sommers and Mr. Fritz were dismissed following the presentation. Reso. #255-2001 - Approval of Amendment to License Agreement Between the City of Muskego and Primeco Personal Communications, Limited Partnership d/b/a Verizon Wireless. Petfalski 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 Carity land purchase for community center site. Petfalski seconded. Motion carried 7-0. City Atty. Molter, the Clerk-Treasurer, and Deputy were dismissed during closed session. Salentine moved to reconvene into open session. Slocomb seconded. Motion carried 7-0. Reso. #256-2001 - Offer to Purchase - Community Center. Le Doux moved for adoption. Petfalski seconded. The Mayor outlined various changes to be made to the Addendum relating to Section 3. Retention Pond, Section 5. Access Road, and Section Common Council Minutes Page 2 December 11, 2001 6. Additional Right-of-Way-Janesville Road. Petfalski moved to amend to include the changes. Sanders seconded; motion carried. Reso. #256-2001, as amended, adopted 7-0. Atty. Feeley and Mr. McMullen were dismissed at 9:29 PM. ACCEPTANCE OF COMMITTEE REPORTS Slocomb moved for acceptance of the 12/5/01 and 12/11/01 Finance Committee minutes. Sanders seconded; motion carried. Minutes of the 12/4/2001 Plan Commission and 11/28/2001 Library Board were received and placed on file. Reso. #233-2001 - Approval of Cleaning Service Contract for 2002, on the floor, deferred 11/27/2001. The Finance Committee has recommended approval of contract with Jani King. Motion to adopt carried 7-0. Ord. #1084 - An Ordinance to Amend Chapter 17, Sections 2.02 and 6.09, of the Municipal Code of the City of Muskego (Zoning Code Definitions and Signs), on the floor, deferred 11/27/2001. Slocomb moved to defer. Salentine seconded; motion carried. Ord. #1087 - An Ordinance to Create Chapter 39 Traditional Neighborhood Development and Amend Chapter 17, Section 9.03. Second Reading. Le Doux moved for adoption. Salentine seconded. Sanders moved to amend to include definition for “Street, Hierarchy” contained in Section 2.02. Petfalski seconded; motion carried. Ord. #1087, as amended, adopted 7-0. Ord. #1088 - An Ordinance to Amend the Zoning Map of the City of Muskego (Tess Corners Volunteer Fire Department - RSE to RSE/OIP). Second Reading. Slocomb moved for adoption. Patterson seconded. Motion carried 7-0. Ord. #1089 - An Ordinance to Amend Chapter 1, Section 1.05, of the Municipal Code of the City of Muskego (Conservation Commission). Second Reading. Le Doux moved for adoption. Petfalski seconded. Motion carried 7-0. Reso. #244-2001 - Amended Resolution of Necessity - Lease for Public Boat Launch. Slocomb moved for adoption. Petfalski seconded. Motion carried 7-0. Reso. #245-2001 - Amendment to Policy Relating to the Hiring of Relatives. Slocomb moved for adoption. Salentine seconded. Slocomb moved to defer. Petfalski seconded; motion carried. Reso. #246-2001 - Approval of Lease Agreement for Public Access to Navigable Waters (Bennett). Salentine moved for adoption. Wichgers seconded. Atty. Molter discussed various areas of concern, which he outlined in correspondence dated 12/11/2001. He further added that the City should not enter into the agreement unless the mortgage holders release the mortgage on the leased property. Slocomb moved to amend the lease to include changes recommended by City Atty., to strike II. E. and Common Council Minutes Page 3 December 11, 2001 include certificate of insurance language as noted by the Clerk, and in addition to amend the resolution to include the following: BE IT FURTHER RESOLVED That the Lease shall be attached to an Offer to Purchase agreement in the normal form with all the normal eminent domain requirements and that the Mayor may make technical changes in the Lease and in said documents. BE IT FURTHER RESOLVED That the City shall not enter into the Lease agreement unless existing mortgage holders release the mortgage on the leased property or subordinate as to the leased property. Le Doux seconded; motion carried. Reso. #246-2001, as amended, adopted 7-0. Reso. #247-2001 - Approve New and Revised Positions. Sanders moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #248-2001 - Approval of Carriers for City’s Insurance for 2002. Salentine moved for adoption. Petfalski seconded. Motion carried 7-0. Reso. #249-2001 - Approval of Fire Protection Agreement with Tess Corners Volunteer Fire Department. Patterson moved for adoption. Le Doux seconded. Motion carried 7- 0. Reso. #250-2001 - Approval of Fire Protection Agreement with Muskego Volunteer Fire Company. Salentine moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #251-2001 - Approval of Public Library Board Telecommunication Access Shared Service Agreement. Petfalski moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #252-2001 - Disallowance of Claim - von Sebo. Slocomb moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #253-2001 - Disallowance of Claim - Mueller. Sanders moved for adoption. Petfalski seconded. Motion carried 7-0. Reso. #254-2001 - Reapproval of Certified Survey Map, Amendment No. 1 to Developer’s Agreement and Letter of Credit - Dreamland Development. Salentine moved for adoption. Patterson seconded. Motion carried 7-0. LICENSES Slocomb moved for approval of “Class A” Retailer’s License for Six-months for Zoran Radisavcevic (Crossroads). Petfalski seconded. Motion carried 7-0. Slocomb moved for approval of Archery License for Wings & Whitetails Taxidermy Archery LLC. Petfalski seconded; motion carried. Slocomb moved for approval of Operators’ Licenses for Jessica Hill, Michelle Johnston and Keri Holzschuh. Sanders seconded; motion carried. Common Council Minutes Page 4 December 11, 2001 VOUCHER APPROVAL Slocomb moved for approval of payment of General Vouchers in the amount of $491,964.51. Le Doux seconded. Motion carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $224,530.13. Salentine seconded. Motion carried 7-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW A draft of the January calendar was reviewed. Slocomb moved to adjourn at 10:17 PM. Wichgers seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer