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CM032602 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD MARCH 26, 2002 The meeting was called to order at 8:01 PM by Mayor De Angelis. Also present were Ald. Slocomb, Le Doux, Patterson, Petfalski, Salentine, Sanders, and Wichgers, City Attorney Molter, Clerk-Treasurer Marenda, Assistant Planning Director Wolff, Engineering/Building Inspection Director McMullen, 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 3/22/02 and as amended on 3/25/02. Slocomb moved for approval of minutes of 3/12/02. Sanders seconded; motion carried. The Clerk read the closed session notice. COMMUNICATIONS FROM THE MAYOR’S OFFICE 2 Mayor De Angelis presented power plant update. Reviews from BT have not been received yet for El Paso. The City did receive a letter from the DNR indicating there are no jurisdictional wetlands on the Midwest Power site. The Mayor appointed Planning Director Brian Turk to the Waukesha County Comprehensive Development Plan Advisory Committee. ACCEPTANCE OF COMMITTEE REPORTS Slocomb moved for acceptance of the 3/20/02 and 3/26/02 Finance Committee minutes. Sanders seconded; motion carried. Sanders moved for acceptance of the 3/18/02 Public Utilities Committee minutes. Petfalski seconded; motion carried. Minutes of the 3/11/2002 Parks & Recreation Board, 3/19/2002 Plan Commission, and 2/21/2002 Teen Advisory Board were received and placed on file. Ord. #1097 - An Ordinance to Amend Chapter 8, Section 8.01(1) of the Municipal Code of the City of Muskego (Street Widths). Second Reading. Le Doux moved for adoption. Petfalski seconded. Motion carried 7-0. Ord. #1098 - An Ordinance to Amend Chapter 21, Section 21.06(2) and Appendix A of the Municipal Code of the City of Muskego (Sewer Utility/Consumption Charge). Second Reading. Sanders moved for adoption. Petfalski seconded. Motion carried 7- 0. Petfalski moved to convene into closed session pursuant to §19.85(1)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility; more specifically, settlement of grievance/arbitration filed by AFSCME City Hall Unit. Le Doux seconded. Motion carried 7-0. The Clerk, Deputy, City Attorney and Assistant Planning Director were not present during closed session. Salentine moved to reconvene into open session. Petfalski seconded. Motion carried 7-0. Reso. #61-2002 - A Resolution Authorizing the Issuance and Sale of $2,250,000 Sewer System Revenue Bonds, Series 2002 of the City of Muskego, Waukesha County, Common Council Minutes Page 2 March 26, 2002 Wisconsin, and Providing for the Payment of the Bonds and Other Details with Respect to the Bonds. Sanders moved for adoption. Petfalski seconded. Motion carried 7-0. Reso. #62-2002 - Acceptance of Road Reservation - Maciolek Limited Partnership LLC. Salentine moved for adoption. Le Doux seconded. Mr. McMullen stated the resolution confirmed the City’s acceptance of the 2.55-acre reservation on the Maciolek property, which is necessary for the Moorland Road south extension. Motion carried 7-0. Reso. #63-2002 - Resolution Creating the Community Development Authority of the City of Muskego, Wisconsin. Petfalski moved for adoption. Le Doux seconded. Motion carried 7-0. Reso. #64-2002 - Resolution to Adopt By-Laws and Rules of Procedure of Community Development Authority of the City of Muskego, Wisconsin. Le Doux moved for adoption. Salentine seconded. Mr. Wolff stated these outline how the CDA will operate. Petfalski moved to amend to add, “Pledge of Allegiance” under Order of Business. Slocomb seconded; motion carried. Reso. #64-2002, as amended, adopted 7-0. Mr. Wolff was dismissed. Reso. #65-2002 - Resolution to Amend Road Assessment Policy for Construction of New Roadway and Related Improvements Known as Moorland Road South Extension. Salentine moved for adoption. Sanders seconded. As stated at the Finance Committee meeting, the amendments to the policy were to add the first paragraph and incorporate some minor corrections that were necessary. Motion carried 7-0. Mr. McMullen was dismissed. Reso. #66-2002 - Amendment to 2001 Budget. Sanders moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. #67-2002 - Approval of Practice/Show Dates on Little Muskego Lake (Water Bugs Ski Team). Slocomb moved for adoption. Salentine seconded. Slocomb moved to defer. Petfalski seconded; motion carried. Reso. #68-2002 - Granting Placement of Water Ski Jump on Bed of Little Muskego Lake and Placement of Pier at Idle Isle (Water Bugs Ski Team). Le Doux moved for adoption. Petfalski seconded. Slocomb moved to defer. Salentine seconded; motion carried. Ord. #1099 - An Ordinance to Amend Chapter 17 of the Municipal Code of the City of Muskego (Rustic Structures). First Reading. Ord. #1100 - An Ordinance to Amend Chapter 17, Section 4.05(2) G., of the Municipal Code of the City of Muskego (Accessory Uses and Structures). First Reading. Ord. #1101 - An Ordinance to Amend the Zoning Map of the City of Muskego (Community Center - RS-2 and RS-3 to RS-2/OIP and RS-3/OIP). First Reading. Ord. #1102 - An Ordinance to Amend the Zoning Map of the City of Muskego (Strasser - B-3/OIP to B-3). First Reading. Common Council Minutes Page 3 March 26, 2002 LICENSES Slocomb moved to grant Temporary Class “B”/”Class B” Retailer’s License to Catholic Singles organization for dances to be held at St. Leonard’s on 4/20/02 and 5/18/02. Sanders seconded; motion carried. VOUCHER APPROVAL Slocomb moved for approval of payment of General Vouchers in the amount of $273,092.87. Salentine seconded. Motion carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $1,401,853.80. Petfalski seconded. Motion carried 7-0. Slocomb moved for approval of Tax Checks in the amount of $89.14. Le Doux seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS The Clerk-Treasurer stated a public hearing was scheduled for 4/23/02 at 7:25 PM to consider implementation of a moratorium on land uses prohibited in the OWP Well Head Protection Overlay Zoning District. A draft of the April calendar was also distributed. The Mayor stated the Public Informational Hearing for the Durham Drive Reconstruction project was scheduled for 3/28. In addition, a special Public Works meeting was scheduled for 6:00 PM and a special Public Utilities meeting was scheduled for 3:00 PM. on 3/28. The Clerk-Treasurer reminded everyone to vote on Tuesday, 4/2. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW The Mayor stated he met with Parks and Recreation Director Anderson and Russ Kashian, a professor with the University of WI system regarding a citywide survey to obtain input on the Community Center. Mr. Kashian assisted the City with coordination of the survey for the Comprehensive Land Use plan. The Mayor distributed a preliminary proposal. The surveys would be coded to prevent duplication. University staff would formulate the questions and collect and tabulate the results. May 14 is the proposed date for the Council to review the survey results; however, Mr. Kashian has not confirmed the tentative timeline. The anticipated cost is $8,000 to $12,000. It has been suggested that an explanation sheet on the recreation center accompany the survey. (Atty. Molter left the meeting at 9:30 p.m.) It is proposed that the Council would review the survey questions and letter of introduction/information sheet at the April 9 meeting. The Mayor indicated that the reason for using the University is that their staff will know how to develop the questions to achieve quantitative results. Wichgers has received questions and concerns about the study that was done and the facility being 100% self-funding. The Mayor stated the purpose of the survey is to find out if the numbers are there. Wichgers stated information submitted to him by entities such as the YMCA and Wisconsin Athletic is different than the information contained in the feasibility study. The Mayor said the purpose of the survey is not to validate information. It has to do with what the public wants and if there is support in the community for this type of facility. It is not the intent to have the survey lead people to one conclusion or another. Salentine stated that the Council voted unanimously to spend $56,000 to hire the consultants to compile this data. Wichgers stated he does not believe the research done was thorough enough. Salentine stated similar facilities Common Council Minutes Page 4 March 26, 2002 that were looked at became self-supporting through membership alone; in addition, we have the Park and Rec programs going for us. Wichgers stated he still believes there are questions that need to be answered. Petfalski stated we should have faith in the experts we hired. The survey will provide additional information. Discussion continued regarding doing a survey vs. a referendum election to obtain community input. Wichgers supports a referendum. Petfalski noted that a special referendum election would probably only result in a 20% turnout. He believes that a survey done community wide would provide a 40% - 50% return rate and would provide more input. Discussion also took place regarding the public sector doing this type of facility vs. the private sector. Petfalski stated there are concerns out there that the funding for the facility will end up on the tax roll. The Council could take action to ensure that does not happen. Le Doux said he supports the facility and has tried to give people all the information but sometimes you can’t change their minds. Patterson said the survey could provide good information if a 50% response rate was achieved. He would like to provide an incentive for people to participate. The Mayor said he would discuss with the people formulating the survey. Sanders said the discussion has been interesting; he agreed questions and concerns should be brought out and answered. The Mayor asked how the Council wanted him to proceed. Slocomb moved to have the Mayor and Mr. Anderson proceed with having a survey developed for further review by the Council. Ald. Petfalski seconded. Motion carried 7- 0. Petfalski moved to adjourn at 10:31 PM. Slocomb seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer