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CM102202 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD OCTOBER 22, 2002 The meeting was called to order at 8:33 pm by Mayor Slocomb. Also present were Ald. Petfalski, Damaske, Le Doux, Madden, Patterson, Salentine, City Attorney Molter, Clerk-Treasurer Marenda, Plan Director Turk, Associate Planner Muenkel, and Deputy Clerk Blenski. Ald. Sanders was absent. Those present recited the Pledge of Allegiance. The Clerk stated the meeting was noticed in accordance with the open meeting law on 10/18/2002. APPROVAL OF MINUTES Salentine moved for approval of minutes of the 10/8/2002 meeting. Le Doux seconded; motion carried. Mayor Slocomb stated the Council would not convene into closed session regarding the Martin or Ewald-Engel property acquisitions. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mr. Turk introduced Associate Planner Jeff Muenkel who has been with the City for about one month and is providing valuable assistance to the Plan Department. Regarding the power plant update, Mayor Slocomb stated the City has not received anything from the PSC; it is assumed El Paso is continuing through the process. He will continue to forward e-mail correspondence he receives regarding the power plant issue. Funding for consolidated dispatch was not approved by the County Board. Regarding the high school athletic fields, Ald. Petfalski stated the subcommittee met once and two additional meetings were scheduled (10/28 and 11/11). The Mayor noted that some funds were presently in the 2003 capital budget for the project. Mayor Slocomb also reported that the Public Works Committee at a meeting held earlier determined that the Quietwood Creek recreational trail would remain the standard 8’ asphalt width. COMMITTEE REPORTS Salentine moved for acceptance of the 10/16/2002 and 10/22/2002 Finance Committee minutes. Petfalski seconded; motion carried. Patterson moved for acceptance of the 10/15/2002 Public Services Committee minutes. Damaske seconded; motion carried. Minutes of the 10/9/2002 Community Development Authority, 10/14/2002 Parks & Recreation Board, 9/19/2002 Teen Advisory Board, and 10/15/2002 Plan Commission were received and placed on file. OLD BUSINESS Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 10/8/2002. Petfalski moved to defer. Salentine seconded; motion carried. Ord. #1119 - An Ordinance to Establish Salaries for Elected Officials. Second Reading. Petfalski moved for adoption. Madden seconded. Motion carried 6-0. Common Council Minutes Page 2 October 22, 2002 NEW BUSINESS Reso. #201-2002 - Resolution to Terminate Conditional Use Grant - Gasoline Service Station for the O’Malley Investments, Inc. Parcel. Le Doux moved for adoption. Petfalski seconded. Le Doux stated there should be some type of sunset clause to allow some additional time prior to the termination. Petfalski disagreed noting one six- month extension was already given. He does not believe the termination will adversely affect the marketability of the property. Patterson agreed stating the City was following the existing procedure to terminate the conditional use grant. Motion carried 6-0. Reso. #202-2002 - Resolution to Terminate Conditional Use Grant - Gasoline Service Station for the Loomis-Martin LLC Parcel. Le Doux moved for adoption. Petfalski seconded. Motion carried 6-0. Reso. #203-2002 - Resolution to Terminate Conditional Use Grant - Car Wash for the Loomis-Martin LLC Parcel. Le Doux moved for adoption. Damaske seconded. Motion carried 6-0. Reso. #208-2002 - Determination of Nonsubstantial Change to Sarah Estates Planned Development District. Le Doux moved for adoption. Madden seconded. Mr. Turk explained that the petition for the change relates to a specific property in the subdivision that would not meet the open space requirement if a driveway and sidewalk were installed. The change in this case is allowed under the flexibility of the OPD zoning and would not have a negative impact on the open space or storm water management of the subdivision. The Plan Commission determined that this was not a substantial change to the planned unit development. Motion carried 6-0. Mr. Turk and Mr. Muenkel were dismissed at 9:06 pm. Reso. #204-2002 - Amended Preliminary Resolution Declaring Intent to Levy Area-Wide Water Capacity Assessment for Debt Service for Water Service Under §66.0703, Wisconsin Statutes. Petfalski moved for adoption. Salentine seconded. The Clerk th explained that a preliminary resolution for the 8 amended WCA district was previously adopted. This amendment broadens the area and matches the proposed TID #9. It was clarified that the assessment is not due and payable until connection to the water service is made. Motion carried 6-0. Reso. #205-2002 - Resolution of City Appointment to Joint Review Board (TID #9). Salentine moved for adoption to have Finance Director Gunderson represent the City on the board. Le Doux seconded. Motion carried 6-0. Reso. #206-2002 - Resolution Exempting the City of Muskego from Waukesha County Tax Levy for Certain Services. Petfalski moved for adoption. Madden seconded. Motion carried 6-0. Reso. #207-2002 - Approval of Agreement with Waukesha County for Computer Assisted Mass Appraisal (CAMA) Services. Salentine moved for adoption. Petfalski seconded. Motion carried 6-0. Common Council Minutes Page 3 October 22, 2002 Reso. #209-2002 - Initial Resolution Authorizing $2,085,000 General Obligation Bonds for Street Improvement Projects. Salentine moved for adoption. Damaske seconded. Motion carried 6-0. Reso. #210-2002 - Initial Resolution Authorizing $950,000 General Obligation Bonds for Storm Sewer Projects. Le Doux moved for adoption. Madden seconded. Motion carried 6-0. Reso. #211-2002 - Initial Resolution Authorizing $1,065,000 General Obligation Bonds for Parks and Public Grounds. Le Doux moved for adoption. Petfalski seconded. Motion carried 6-0. Reso. #212-2002 - Resolution Directing Publication of Notice to Electors. Petfalski moved for adoption. Madden seconded. Motion carried 6-0. Reso. #213-2002 - Approval of Agreement Between the City of Muskego and Time Warner Cable for Construction of Fiber Connection. This item was removed from the agenda at this time. Reso. #214-2002 - Resolution Relating to an Amendment to Industrial Development Revenue Bond Financing on Behalf of Mick Properties, LLC/A.G. Industries, Inc. Salentine moved for adoption. Damaske seconded. Motion carried 6-0. Reso. #215-2002 - Resolution Providing for the Sale of $4,100,000 General Obligation Corporate Purpose Bonds. Madden moved for adoption. Salentine seconded. Motion carried 6-0. Reso. #216-2002 - Resolution Providing for the Sale of $1,850,000 General Obligation Promissory Notes. Le Doux moved for adoption. Damaske seconded. Motion carried 6-0. LICENSES Petfalski moved for approval of an Operator’s License for Angeline Sadler, Steven Buchan, Roland Smet and Patricia Beyer. Salentine seconded; motion carried. Petfalski moved for approval of a ”Class B” Retailers’ License for Edward Rupp d/b/a Mug-Z’s Pub & Grill subject to a 3, 6, 9-month review and conditions as outlined by the Finance Committee on 10/16/2002. Salentine seconded; motion carried. VOUCHER APPROVAL Petfalski moved for approval of payment of General Vouchers in the amount of $1,411,680.30. Madden seconded. Motion carried 6-0. Petfalski moved for approval of payment of Utility Vouchers in the amount of $274,540.86. Le Doux seconded. Motion carried 6-0. There were no tax checks. CITY OFFICIALS’ REPORTS The Clerk announced public hearings to be held on 11/12 to consider the termination of conditional use grants as follows: 7:15 pm Choir Practice; 7:20 pm Prestige Auto; 7:25 pm G & G Sports (former location on Saturn Drive). Common Council Minutes Page 4 October 22, 2002 COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW It was determined that the last Council meeting in December would be canceled. The November calendar was reviewed. Petfalski stated it was time to appoint members to the Teen Advisory Board as some members had been appointed to a one-year term. He indicated that those members could reapply and also requested each alderman submit the names of one or two potential candidates. Petfalski commended the Board for being successful in accomplishing some of its goals in a short period of time. He encouraged various City staff or committees to use the Board as a resource to obtain input from this age group when needed. Salentine stated that the Conservation Commission would tour the properties under its management on 11/2/2002 at 10:00 am. Clerk-Treasurer Marenda encouraged everyone to vote on 11/5/2002. ADJOURNMENT Petfalski moved to adjourn at 9:49 pm. Madden seconded; motion carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer