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CM010802 COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF MEETING HELD JANUARY 8, 2002 APPROVED: January 22, 2002 The meeting was called to order at 7:55 PM by Mayor De Angelis. Also present were Ald. Slocomb, Le Doux, Patterson, Petfalski, Salentine, and Wichgers, City Attorney Molter, and Clerk-Treasurer Marenda. Ald. Sanders was absent. Those present recited the Pledge of Allegiance. The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting law on 1/4/02. Slocomb moved for approval of minutes of 12/11/01. Salentine seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor stated there was nothing new regarding the power plant issue. The Mayor announced that Ald. Salentine has agreed to serve on the Urban Forestry Committee as Ald. Petfalski asked to be replaced because of his involvement with the Teen Advisory Board. The purchase of a parcel of land from Carity for the Community Center site has been finalized. The lease for the easement for the Big Muskego Lake boat launch from the Bennett Trust has not yet been finalized. Reso. #2-2002 - Offer to Purchase - Bartz (Moorland Road/Durham Drive Project). Le Doux moved for adoption. Petfalski seconded. Motion carried 6-0. ACCEPTANCE OF COMMITTEE REPORTS Salentine moved for acceptance of the 1/2/02 and 1/8/02 Finance Committee minutes. Slocomb seconded; motion carried. Minutes of the 12/18/2001 Plan Commission, 12/10/2001 Parks and Recreation Board and 12/17/2001 Teen Advisory Board were received and placed on file. Reso. #245-2001 - Amendment to Policy Relating to the Hiring of Relatives. On the floor, deferred 12/11/2001. No recommendation was received from the Finance Committee. Slocomb said after further review he was now of the opinion the policy should stay as it is. Hiring of relatives within the same department, because of our size, could create a significant problem. An employee in the department for many years could lose an opportunity to be promoted to a supervisory position if it required supervision of a relative. As to the issue that brought this forward, it can be handled administratively. Motion to adopt defeated 6-0. 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 12/11/2001. Slocomb moved to defer. Wichgers seconded; motion carried. Reso. #1-2002 - Approve New and Revised Positions. Salentine moved for adoption. Petfalski seconded. Motion carried 6-0. Reso. #3-2002 - Approval of Certified Survey Map - Tess Corners Volunteer Fire Department. Patterson moved for adoption. Le Doux seconded. Motion carried 6-0. Reso. #4-2002 - Approval of Final Plat, Long Lake Estates, Town of Norway. Le Doux moved for adoption. Salentine seconded. Motion carried 6-0. Common Council Minutes Page 2 January 8, 2002 Reso. #5-2002 - Approval of Certified Survey Map - Bonnert, Town of Norway. Le Doux moved for adoption. Wichgers seconded. Motion carried 6-0. Reso. #6-2002 - Re-approval of Certified Survey Map, Amendment No. 1 to Developer’s Agreement and Letter of Credit - Dreamland Development. Wichgers moved for adoption. Salentine seconded. Motion carried 6-0. Reso. #7-2002 - Approval of Cooperative Agreement Between the City of Muskego and Waukesha County Department of Senior Services. Salentine moved for adoption. Wichgers seconded. Motion carried 6-0. Reso. #8-2002 - Approval of Agreement between the City of Muskego and Welch Hanson for Engineering Services. Petfalski moved for adoption. Slocomb seconded. Slocomb moved to amend 7.2 of the Agreement to add “by the City” after the words “may be used” in the second last sentence. Petfalski seconded; motion carried. Reso. #8-2002 As Amended adopted 6-0. Reso. #9-2002 - Approval of Agreement between the City of Muskego and R. A. Smith and Associates for Engineering Services. Salentine moved for adoption. Le Doux seconded. Salentine moved to amend 7.2 of the Agreement to add “by the City” after the words “may be used” in the second last sentence, and to adjust the numbering. Petfalski seconded; motion carried. Reso. #9-2002 As Amended adopted 6-0. Reso. #10-2002 - Fourth Amended and Revised Final Resolution Authorizing Installation of Sewer Improvements and Levying Special Assessments Against Benefited Property (North Cape/Ryan Road Sewer Project MSS-1B-96/Assessment District “SN”). Petfalski moved for adoption. Slocomb seconded. Atty. Molter expressed caution about forgiving a deferred assessment as a result of a Deed Restriction, which is difficult to track, and recommended the deferred assessment remain, which isn’t payable unless property divided. Mayor said for accounting reasons it’s not prudent to retain an assessment on the books accruing interest if the property is restricted from being divided. Motion carried 6-0. Reso. #11-2002 - Approval of Insurance Carrier - No Fault Sewer. Slocomb moved for adoption. Salentine seconded. Motion carried 6-0. Reso. #12-2002 – Re-approval of Agreement for Ambulance Services. Salentine moved for adoption. Petfalski seconded. Motion carried 6-0. Reso. #13-2002 - Approval of Distribution Easement to Wisconsin Electric Power Company. Le Doux moved for adoption. Slocomb seconded. Slocomb moved to amend the Easement under Access, No. 2 after “shall have the right to enter” to add “on that portion between the easement and Kelsey Dr. right of way. Petfalski seconded; motion carried. Reso. #13-2002 As Amended adopted 6-0. Ord. #1090 - An Ordinance to Amend the Zoning Map of the City of Muskego (Big Muskego Estates R-2, RSE and SW to RS-2/OPD/SW). First Reading. Mayor was Common Council Minutes Page 3 January 8, 2002 requested to obtain an indication from the DNR exactly what they are planning to do on the west side of Durham Dr. LICENSES Slocomb moved to approve Special Outside Dance Permit and to amend the premise for Favre & Associates LLC (Broke Spoke) for event to be held January 11 and 12, 2002 subject to the conditions outlined by the Finance Committee on 1/2/2002. Salentine seconded; motion carried. Slocomb moved to approve “Class B” Retailer’s License for Schmidt’s Refuge LLP (currently Broke Spoke) to include outside premise as currently licensed. Le Doux seconded. Motion carried 6-0. Slocomb moved to approve Operators’ License for Amanda Borkowski, Kim Mirkowski and Andrew Schultz. Le Doux seconded; motion carried. VOUCHER APPROVAL Slocomb moved for approval of payment of General Vouchers in the amount of $562,724.39. Salentine seconded. Motion carried 6-0. Slocomb moved for approval of Tax Checks in the amount of $13,959,196.98. Salentine seconded. Motion carried 6-0. Slocomb moved for approval of payment of Utility Vouchers in the amount of $112,868.12. Petfalski seconded. Motion carried 6-0. CITY OFFICIALS’ REPORTS The Clerk-Treasurer announced that a public hearing would be held on 1/22/02 at 7:20 PM to consider the seventh amendment to the WCA District to include the Freedom Square Condominiums and two properties on Lannon. The Committee of the Whole will meet on Thursday, 1/10/02 at 7:00 PM. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW The Clerk discussed the need to temporarily relocate the District 7 polling place because of the proposed reconstruction at the Tess Corners Volunteer Fire Dept. substation on Loomis. Muskego Lakes Country Club and Tudor Oaks were visited, and both facilities offered the use of their building as a polling place. The Clerk recommended Tudor Oaks be used, and will submit an Ordinance to the Council at the next meeting. The Mayor reported the Community Center and Theatre committees would like to make a presentation to the Committee of the Whole. January 24, 2002 at 7:00 PM was selected for the COW meeting. Slocomb moved to adjourn at 8:48 PM. Petfalski seconded; motion carried. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer