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CM081302 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD AUGUST 13, 2002 The meeting was called to order at 7:53 pm by Mayor Slocomb. Also present were Ald. Petfalski, Madden, Patterson, Salentine, and Sanders, City Attorney Trindl, Plan Director Turk, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. Aldermen Le Doux and Damaske were absent. Those present recited the Pledge of Allegiance. The Clerk- Treasurer stated the meeting was noticed in accordance with the open meeting law on August 9, 2002. APPROVAL OF MINUTES Salentine moved for approval of minutes of the 7/23/2002 meeting. Sanders seconded; motion carried. Mayor Slocomb stated it would not be necessary for the Council to convene into closed session. Because of outstanding labor issues, the notice would remain on future agendas. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Slocomb stated there was nothing new to report regarding the power plant issue. He gave an update on the consolidated dispatch issue. The Mayor appointed Ald. Damaske to serve on the Lake Fees Study Committee. Damaske will replace him as one of the previously appointed aldermen. COMMITTEE REPORTS Salentine moved for acceptance of 8/7/2002 and 8/13/2002 Finance Committee minutes. Petfalski seconded; motion carried. Patterson moved for acceptance of 8/5/2002 Public Services Committee minutes. Madden seconded; motion carried. Salentine moved for acceptance of 7/22/2002 Public Works Committee minutes. Sanders seconded; motion carried. Minutes of the 7/24/2002 Library Board and 8/6/2002 Plan Commission were received and placed on file. OLD BUSINESS Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 7/23/2002. Salentine moved to defer. Sanders seconded; motion carried. Reso. #130-2002 – Appointments to Community Development Authority. On the floor, deferred 7/23/2002. Sanders moved to amend to insert names of commissioners to be appointed: Petfalski, Salentine, Glazier, Lidbury, Miles, Link-Manson, and Waltz. Petfalski seconded; motion carried. Reso. #132-2002 - Appointment of Citizen Member to Board of Appeals. On the floor, deferred 7/23/2002. Sanders moved to defer. Petfalski seconded; motion carried. Ord. #1112 - An Ordinance to Amend the Zoning Map of the City of Muskego (Cedar Mill Homes - RSE to RSE/COPD). Second Reading. Petfalski moved for adoption. Salentine seconded. Petfalski moved to amend to add, “subject to approval of the final plat, Developer’s Agreement and Letter of Credit for Chamberlain Hill Subdivision and Common Council Minutes Page 2 August 13, 2002 finalization of the ninth amended WCA district” at the end of Section 3. Sanders seconded; motion carried. Ord. #1112, as amended, adopted 5-0. Ord. #1113 - An Ordinance to Amend Chapter 21 of the Municipal Code of the City of Muskego (Sewer Utility). Second Reading. Sanders moved for adoption. Salentine seconded. Motion carried 5-0. NEW BUSINESS Reso. #157-2002 - Preliminary Resolution Declaring Intent to Levy Area-Wide Capacity Assessment for Debt Service for Water Service Under §66.0703, Wisconsin Statutes (Ninth Amended WCA District). Sanders moved for adoption. Madden seconded. Motion carried 5-0. Reso. #158-2002 - Award of Bid - Bay Lane and Janesville Road/CTH “L” Intersection Improvements (Payne & Dolan - $169,877). Salentine moved for adoption. Sanders seconded. Motion carried 5-0. Reso. #159-2002 - Approval of Certified Survey Map - Hein. Petfalski moved for adoption. Sanders seconded. The Mayor noted the map has not been finalized. Petfalski moved to defer. Salentine seconded; motion carried. Reso. #160-2002 - Approval of Certified Survey Map - Fritsch, Town of Norway. Sanders moved for adoption. Salentine seconded. Motion carried 5-0. Reso. #161-2002 - Approval of Legal Lot Status and Certified Survey Map - Wojnowski. Salentine moved for adoption. Petfalski seconded. Motion carried 5-0. Reso. #162-2002 - Approval of Legal Lot Status and Certified Survey Map - Christenson. Salentine moved for adoption. Sanders seconded. Motion carried 5-0. Reso. #163-2002 - Approval of Preliminary Plat - Chamberlain Hill (f.k.a. Cedar Mill Heights). Salentine moved for adoption. Petfalski seconded. Motion carried 5-0. Reso. #164-2002 - Approval of Final Plat, Subdivider’s Agreement, Letter of Credit, and Cost Breakdown for Nature Estates. Petfalski moved for adoption. Sanders seconded. Motion carried 5-0. Reso. #165-2002 - Establish Traffic Regulations. (No Parking-Richdorf Drive). Patterson moved for adoption. Madden seconded. Motion carried 5-0. Reso. #166-2002 - Resolution Authorizing Special Quarterly Charges for Garbage and Refuse Disposal and Recycling Service. Salentine moved for adoption. Sanders seconded. Salentine stated she supports the conversion to quarterly billing. Department heads were asked to find ways to save money and this will achieve that goal. People should prefer because they will be paying for a service after it has been received. With our current system, people are billed a year in advance. Patterson moved to defer noting two aldermen were absent and the issue was controversial. Petfalski seconded. Motion failed with Salentine, Slocomb and Madden voting “no” and Petfalski and Patterson voting “yes.” Petfalski stated this is a tax and should remain on Common Council Minutes Page 3 August 13, 2002 the real estate tax bill. The 528 people who do not receive a quarterly bill for sewer and/or water will be confused when they receive a quarterly bill for refuse/recycling. Patterson stated citizens prefer the current system. Salentine stated there are many options for people if they do not want to pay quarterly. Madden stated she did not object to quarterly billing utilizing a postcard format if the City logo was clearly identified. Motion carried 4 in favor and Petfalski voting “no.” The quarterly rates effective 1/1/2003 were established as follows: residential units w/five units or less - $20.60/unit and residential units w/six units and over $17.50/unit. The 2003 rates are the same as 2002. Reso. #167-2002 - Resolution to Place Advisory Referendum on November Ballot as to Community Recreation Center. Salentine moved for adoption. Petfalski seconded. Petfalski requested any alderman opposed to the referendum being on the November ballot to so indicate. Those present did not object. Petfalski further stated he objects to the references to Ord. #1106 being in the resolution. He wants to have the ability to vote on the issue the way his district voted. Petfalski stated he would confer with the City Attorney to propose an ordinance that would amend Ord. #1106. He noted that his intention was clearly stated during the discussion regarding the adoption of Ord. #1106. Discussion took place regarding the existing ordinance and the timeframe if an amendment would be proposed. Patterson then expressed concern about the breakdown of the total cost. It was noted that the numbers were specifically stated to be estimates and reflect 2003 costs. Salentine stated the breakdown of the numbers is necessary for clarification. There is some perception that the facility itself would cost $14 million alone without furnishings. Petfalski agreed. Discussion took place regarding the word, “possible” in the referendum question as to the construction of the center. The Mayor stated circumstances can change and there needs to be an “out” if the project could not be completed. Petfalski moved to amend to delete the fourth WHEREAS, as well as the reference to Ordinance #1106 and Item 3. in the NOW, THEREFORE, BE IT RESOLVED. Patterson seconded. It was noted that Attorney Molter needed to review. Motion carried. Salentine moved to defer. Patterson seconded; motion carried. Ord. #1114 - An Ordinance to Amend Chapter 2, Section 2.09 (3), of the Municipal Code of the City of Muskego (Committee of the Whole). First Reading. Salentine moved to suspend rules. The Committee will be meeting often in the next few months with review of the budget, and having four constitute a quorum could be beneficial. When discussed previously, there were no objections. Petfalski seconded. Motion carried with 4 in favor and Patterson voting “no.” Second Reading. Salentine moved for adoption. Petfalski seconded. Patterson stated his objections. We have not had any quorum issues in the past. Two aldermen are absent. He feels this is being rammed through. This is not such a critical issue that it has to be decided upon tonight. Motion to adopt Ord. #1114 carried with 4 in favor and Patterson voting “no.” Ord. #1115 - An Ordinance to Amend Chapter 11, Section 11.06, of the Municipal Code of the City of Muskego (Annual Budget and Method of Payment of Charges- Refuse/Recycling). First Reading. Common Council Minutes Page 4 August 13, 2002 LICENSES Petfalski moved for approval of an Operator’s License for Robin Watkins, James Delray, Erin Pipkin, Trista Ylonen, and Brett Manuel. Sanders seconded; motion carried. VOUCHER APPROVAL Petfalski moved for approval of payment of General Vouchers in the amount of $1,094,000.01. Sanders seconded. Motion carried 5-0. Petfalski moved for approval of payment of Tax Checks in the amount of $3,278,692.10. Salentine seconded. Motion carried 5-0. Sanders moved for approval of payment of Utility Vouchers in the amount of $532,620.18. Petfalski seconded. Motion carried 5-0. CITY OFFICIALS’ REPORTS Clerk-Treasurer Marenda announced that the City and SEWRPC would hold a public hearing on 8/27/2002 at 7:25 pm regarding a proposed amendment to the sanitary sewer service area for Muskego regarding the Blattner property on North Cape Road. The Clerk also noted that the joint meeting with the Muskego-Norway School District was scheduled for 8/19/2002. Sanders requested handout of material to be presented. It was determined that the Public Utilities Committee meeting scheduled for 8/15 would be changed to 8/26 at 6:30 pm. The Public Works Committee meeting also scheduled for 8/26 would begin at 7:30 pm as the Engineering/Building Inspection Director attends both meetings. COMMUNICATIONS AND MISCELLANOUS BUSINESS AS AUTHORIZED BY LAW Consolidated Dispatch Petfalski asked the other Council members if a decision should be made now. The Mayor stated if the City makes a decision not to participate now, it would take us out of the ongoing discussions. The City’s position is being stated by several of its officials. Discussion took place about how the City could be the most effective to communicate its message. Petfalski stated the best way was to contact the elected officials from the other communities. Some of the communities have not addressed the issue yet. We are fortunate to have our police chief and citizens who are very involved in this issue. The Mayor requested permission to allow Police and Fire Commission President Kuwitzky to speak. There were no objections. Mr. Kuwitzky stated the Mayor presented an accurate update and he had nothing further to add. ADJOURNMENT Sanders moved to adjourn at 9:32 pm. Petfalski seconded; motion carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer