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CCM20030114 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD JANUARY 14, 2003 The meeting was called to order at 9:29 pm by Mayor Slocomb. Also present were Ald. Petfalski, Damaske, Le Doux, Madden, Patterson, Salentine, and Schroeder, City Attorney Molter, Finance Director Gunderson, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. The Clerk stated the meeting was noticed in accordance with the open meeting law on 1/10/2003. APPROVAL OF MINUTES Salentine moved for approval of 12/10/2002 minutes. Le Doux seconded; motion carried. Reso. #001-2003 - Recognition of 25 Years of Service - Holly Sanhuber - Muskego Public Library Director. Salentine moved for adoption. Petfalski seconded. Motion carried 7-0. Ms. Sanhuber accepted the resolution as presented by the Mayor and offered a few comments about her fulfilling library experiences. Reso. #002-2003 - A Resolution Authorizing the Issuance and Sale of $4,100,000 General Obligation Corporate Purpose Bonds, Series 2003. Salentine moved for adoption. Le Doux seconded. Finance Director Gunderson stated the purpose of the bonds was to finance some of the City’s long-term capital projects. Ehlers received 7 bids with the most favorable submitted by Cronin & Company with a true interest rate of 4.0852%. The interest rates received were substantially lower than originally estimated and provide a savings to the City. Motion carried 7-0. Ms. Gunderson was dismissed. COMMUNICATIONS FROM THE MAYOR’S OFFICE Regarding the power plant, Mayor Slocomb stated the PSC would be holding a public hearing in May and will only consider testimony given at the hearing. Ald. Petfalski stated the high school athletic fields issue will proceed to the Committee of the Whole next Thursday (1/23). The Exploration Committee will hold a finalization meeting on 1/27/2003. COMMITTEE REPORTS Salentine moved for acceptance of the 1/8/2003 and 1/14/2003 Finance Committee minutes. Patterson seconded; motion carried. Salentine moved to reduce Letter of Credit for Candlewood Creek in the amount of $1,202,000 in accordance with recommendation of Engineering/Building Inspection Director McMullen. Patterson seconded. Motion carried 6 in favor and Petfalski abstaining because of a business association with the developer. Petfalski moved for acceptance of the 12/16/2002 Public Utilities Committee minutes. Madden seconded; motion carried. Patterson moved for acceptance of the 1/6/2003 Public Services Committee minutes. Damaske seconded; motion carried. Minutes of the 1/7/2003 Plan Commission, 12/19/2002 Parks & Recreation Board, 12/4/2002 Library Board, 12/16/2002 Conservation Commission, 12/11/2002 and 1/8/2003 Community Development Authority and 12/16/2002 City of Muskego/Muskego- Norway School District Athletic Field Exploration Committee were received and placed on file. A quorum was not present for the 12/19/2002 Teen Advisory Board. Common Council Minutes Page 2 January 14, 2003 OLD BUSINESS Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 12/10/2002. Salentine moved to defer. Le Doux seconded; motion carried. Reso. #239-2002 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road Right-of-Way in the City of Muskego, Wisconsin (Woods Road). Introduced 11/12/2002. Petfalski moved for adoption. Le Doux seconded. Schroeder moved to defer for 90 days to allow the parties involved time to resolve issues. Patterson seconded. Petfalski objected to 90-day time frame because the issue could potentially come back to different Council members. Schroeder amended his motion to defer for 60 days. Patterson agreed; motion to defer carried. The Mayor stated the issue would be deferred for a minimum of 60 days. Reso. #251-2002 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road Right-of-Way in the City of Muskego, Wisconsin (Parker Road). Introduced 11/26/2002. Salentine moved for adoption. Petfalski seconded. Motion carried 7-0. Ord. #1123 - An Ordinance to Create Chapter 41 of the City of Muskego Municipal Code - Comprehensive Plan. On the floor, deferred 12/10/2002. Le Doux moved to amend to remove duplicate wording, “cultural resources, intergovernmental relations” from Section 41.01 and to add, “Design Guides adopted by this Section are advisory documents of the Plan Commission and may be changed or varied from time to time by action of the Plan Commission or by other methods as may be set forth in each of said documents” at the end of Section 41.06. Damaske seconded; motion carried. Ord. #1123, as amended, adopted 7-0. Atty. Molter clarified that changes to the Park and Open Space Plan and Conservation Plan referred to in Section 41.06 required an ordinance. Ord. #1125 - An Ordinance to Amend Chapter 41 of the City of Muskego Municipal Code to Create Section 41.06 (7) (Detailed Components of the Comprehensive Plan). Second Reading. Petfalski moved for adoption. Le Doux seconded. Motion carried 7- 0. Reso. #003-2003 - Approval of Agreement with Muskego-Norway School District for Liaison Officers. Patterson moved for adoption. Damaske seconded. The Mayor stated the language in the agreement is the same as in the past. Next year’s agreement will be changed because of language in the labor agreement. Schroeder requested that percentage in the agreement be re-evaluated in the future. Motion carried 7-0. Reso. #004-2003 - Approval of Agreement with Waukesha County Dept. of Senior Services for Nutrition Program. Salentine moved for adoption. Le Doux seconded. Agreement language same as in the past. Motion carried 7-0. Reso. #005-2003 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit for Prairie Meadows Subdivision. Le Doux moved for adoption. Salentine seconded. Salentine moved to amend to add, “and that the Mayor, in consultation with the City Attorney, may make any necessary technical corrections” at the end of the last BE IT Common Council Minutes Page 3 January 14, 2003 FURTHER RESOLVED. Petfalski seconded; motion carried. Reso. #005-2003, as amended, adopted 7-0. Reso. #006-2003 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit for Rosewood Addition No. 1. Le Doux moved for adoption. Salentine seconded. Petfalski moved to amend to add, “and that the Mayor, in consultation with the City Attorney, may make any necessary technical corrections” at the end of the last BE IT FURTHER RESOLVED. Damaske seconded; motion carried. Reso. #006-2003, as amended, adopted 7-0. Reso. #007-2003 - Approval of Certified Survey Map - Cottingham Trust, Town of Norway. Le Doux moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #008-2003 - Approval of Certified Survey Map - Wong, Town of Waterford. Le Doux moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #009-2003 - Reapproval of Certified Survey Map - Miedzybrocki/Rozeski. Le Doux moved for adoption. Damaske seconded. The Mayor stated reapproval was necessary because the map was not recorded in the required timeframe. Motion carried 7-0. Reso. #010-2003 - Amendment to Personnel Code for Nonrepresented Employees. Salentine moved for adoption. Madden seconded. Motion carried 7-0. Reso. #011-2003 - Disallowance of Claim - Hastings. Petfalski moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #012-2003 - Acceptance of Improvements. Patterson moved for adoption. Damaske seconded. Motion carried 7-0. Reso. #013-2003 - Resolution as to Substantial Change to Original Planned Unit Development for MRED. Salentine moved for adoption. Le Doux seconded. Motion carried 7-0. Reso. #014-2003 - Approval of Agreement with Towne Realty for Big Muskego Estates. Le Doux moved for adoption. Madden seconded. The Mayor noted that this item was forwarded to the Council without a recommendation from the Finance Committee. Patterson moved to amend to delete Finance Committee recommendation and sponsorship and identify Mayor as sponsor. Madden seconded; motion carried with Petfalski abstaining. Reso. 014-2003, as amended, adopted 6 in favor and Petfalski abstaining. Reso. #015-2003 - Authorizing Street Names (MRED Planned Development District). Le Doux moved for adoption. Schroeder seconded. Motion carried 7-0. Ord. #1126 - An Ordinance to Amend Chapter 17 of the Municipal Code of the City of Muskego to Create Section 8.30 (Establish HC-1 Tess Corners Historic Crossroads District). First Reading. Common Council Minutes Page 4 January 14, 2003 Ord. #1127 - An Ordinance to Amend the Zoning Map of the City of Muskego (Stonebridge Subdivision - A to RS-2/OPD). First Reading. Ord. #1128 - An Ordinance to Amend the Zoning Map of the City of Muskego (Redmond Construction/Janesville Road and Racine Avenue - RS-2/OOS to B-2). First Reading. LICENSES Petfalski moved for approval of an Operator’s License for Amanda Wollenzien, Carey O’Connell, Thomas Kotnik, Heather Schroeder, and Tiffany Curler. Salentine seconded; motion carried. Petfalski moved for approval of an Outside Dance Permit and Amendment to Licensed Premise for Bushy’s Pub & Grill LLC for July 18, 19 and 20, 2003 subject to the conditions outlined by the Finance Committee on 1/8/2003. Damaske seconded; motion carried. Petfalski moved for approval of “Class A” Retailers’ License for the Sale of Fermented Malt Beverages and Intoxicating Liquors for Reid Murphy subject to the conditions outlined by the Finance Committee on 1/8/2003. Patterson seconded; motion carried. VOUCHER APPROVAL Petfalski moved for approval of payment of General Vouchers in the amount of $1,239,430.07. Le Doux seconded. Motion carried 7-0. Madden moved for approval of payment of Utility Vouchers in the amount of $461,528.18. Le Doux seconded. Motion carried 7-0. Petfalski moved for approval of Tax Checks in the amount of $15,295,816.79. Le Doux seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS The Clerk announced the following public hearings were scheduled: 1/28/2003 at 7:25 pm to consider an amendment to Section 17:4.01 relating to establishment of zoning districts and 2/11/2003 at 7:25 to consider adoption of the 2003-2007 Park and Open Space Plan. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Petfalski stated Ald. Schroeder was working with Denoon Middle School to recruit applicants for the Teen Advisory Board. The Committee of the Whole will continue interviews at its 1/23 meeting. Petfalski stated Mika Kania of the Teen Advisory Board requested to sit in on interview process; there were no objections. ADJOURNMENT Le Doux moved to adjourn at 10:37 pm. Madden seconded; motion carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer