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CM031202 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD MARCH 12, 2002 The meeting was called to order at 7:32 PM by Mayor De Angelis. Also present were Ald. Slocomb, Le Doux, Patterson, Petfalski, Salentine, Sanders, and Wichgers, City Attorney Trindl, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. Those present recited the Pledge of Allegiance. The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting law on 3/8/02. Salentine moved for approval of minutes of 2/26/02. Sanders seconded; motion carried. The Clerk read the closed session notice. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor De Angelis presented power plant update. It is anticipated that in the next week 2 or so, we will receive BTreview of air quality and other permits submitted to the DNR. Nothing new filed with the City, or the permit application to the Public Service Commission. The Mayor and Ald. Slocomb attended a Shared Revenue rally held in Madison. No legislators were available to meet with. The amended proposal that was before Joint Finance and then sent to the Assembly should be sent to the Senate shortly. He also noted that the TIF Amendment bill passed the assembly and has been sent to the Senate with the Senate recommending some nonsubstantive amendments. As it stands, there would be no negative impact to Muskego. ACCEPTANCE OF COMMITTEE REPORTS Sanders moved for acceptance of the 3/6/02 and 3/12/02 Finance Committee minutes. Salentine seconded; motion carried. Salentine moved for acceptance of the 2/25/02 Public Works Committee minutes. Wichgers seconded; motion carried. Patterson moved for acceptance of the 3/4/02 Public Services Committee minutes. Petfalski seconded; motion carried. Minutes of the 3/5/2002 Plan Commission and 2/27/2002 Library Board were received and placed on file. Sanders moved for acceptance of the 3/12/02 Public Utilities Committee minutes. Slocomb seconded; motion carried. Ord. #1095 - An Ordinance to Impose a Moratorium on Certain Parcels Located in a Potential OWP Well Head Protection Overlay Zoning District in the City of Muskego. Second Reading. Petfalski moved for adoption. Sanders seconded. The Mayor stated that the Plan Commission recommended a six-month time period for the moratorium and the City Attorneys recommend three. Atty. Trindl stated that the further out the time is extended, the more likely it is that it could be challenged. The Mayor noted that the ordinance provides for one extension of time if the well exploration study is not completed before expiration of the initial period. Salentine moved to amend to establish a four-month moratorium with the Council extending it by Resolution if necessary for an additional four months, and to insert the time periods in Section 6 of the ordinance. Slocomb seconded; motion carried. Ord. #1095, as amended, adopted 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 Common Council Minutes Page 2 March 12, 2002 require a closed session; more specifically purchase of Kotnik property for Storm Sewer Watercourse Control Improvement Project. Petfalski seconded. Motion carried 7-0. The Clerk and Deputy were not present during closed session. Le Doux moved to reconvene into open session. Salentine seconded. Motion carried 7-0. Reso. #52-2002 - Resolution Authorizing Ehlers and Associates, Inc. to Solicit Competitive Proposals for Not to Exceed $2,500,000 Sewer System Revenue Bonds of the City of Muskego, Wisconsin. Petfalski moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #53-2002 - Preliminary Resolution Declaring Intent to Levy Area-Wide Water Capacity Assessment for Debt Service for Water Service Under §66.0703, Wisconsin Statutes (Eighth Amended WCA District). Sanders moved for adoption. Wichgers seconded. Motion carried 7-0. Reso. #54-2002 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under §66.0703, Wisconsin Statutes as to Water Improvement Assessment Area for Moorland Road South to Candlewood Water Project (Project MW-31-02, Assessment District “WS”). Salentine moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #55-2002 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under §66.0703, Wisconsin Statutes for Moorland Road- Janesville to Woods Road Project (Project MR-3-02, Assessment District “RC”). Salentine moved for adoption. Le Doux seconded. Motion carried 7-0. Reso. #56-2002 - Resolution to Amend Business Credit Card Policy. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. #57-2002 - Renewal of Extractive Permit and Portable Asphalt Plant for Payne and Dolan. Le Doux moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #58-2002 - Resolution to Approve City of Muskego Public Participation Plan for the 2010 Comprehensive Plan Smart Growth Update. Le Doux moved for adoption. Sanders seconded. Motion carried 7-0. Reso. #59-2002 - Reapproval of Agreement for Ambulance Services with Tess Corners Volunteer Fire Department and Approval of Letter of Understanding. Salentine moved for adoption. Slocomb seconded. The agreement as previously approved would expire on 12/31/03 and contained language that an intermediate EMT program would be implemented by expiration of the agreement. The Fire Department has requested that the term of the agreement end on 12/31/02. Rescue personnel are working toward implementation of an intermediate EMT Program by 12/31/03, which is outlined in the Letter of Understanding. However, training will not be completed until later this year. Motion carried 7-0. Reso. #60-2002 - Resolution as to Offer to Purchase - Kotnik. Salentine moved for adoption. Le Doux seconded. The Mayor stated that the resolution rejects the Common Council Minutes Page 3 March 12, 2002 Counteroffer submitted by the seller and authorizes the preparation of a jurisdictional offer for the original purchase price. Motion carried 7-0. Ord. #1096 - An Ordinance to Amend Chapter 17, Section 8.01(7) B. 1. of the Municipal Code of the City of Muskego Zoning Ordinance (RCE Country Estate District - Permitted Accessory Uses). First Reading. Slocomb moved to suspend the rules. Petfalski seconded. Salentine stated the correction was minor and it was better to do the second reading now. Motion carried 7-0. Second Reading. Slocomb moved for adoption. Le Doux seconded. Motion carried 7-0. Ord. #1097 - An Ordinance to Amend Chapter 8, Section 8.01(1) of the Municipal Code of the City of Muskego (Street Widths). First Reading. Ord. #1098 - An Ordinance to Amend Chapter 21, Section 21.06(2) and Appendix A of the Muncipal Code of the City of Muskego (Sewer Utility/Consumption Charge). First Reading. LICENSES Slocomb moved to approve Operator’s License for Kerry Ludwigson, Sabrina Pashley, Andrew Willow and Susan Zinda. Sanders seconded; motion carried. VOUCHER APPROVAL Slocomb moved for approval of payment of General Vouchers in the amount of $712,622.60. Sanders seconded. Motion carried 7-0. Slocomb moved for approval of Tax Checks in the amount of $18.61. Petfalski seconded. Motion carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $68,451.92. Salentine seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS The Clerk-Treasurer stated a public hearing was scheduled for 3/26/02 at 7:20 PM to consider amendment to Chapter 17 regarding mechanical appurtenances. She also stated there was a need for election inspectors to work at the upcoming election on April 2 and urged anyone interested to call City Hall. There were no other Communications and Miscellaneous Business. Slocomb moved to adjourn at 8:38 PM. Petfalski seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer