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CCM20030225 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD FEBRUARY 25, 2003 The meeting was called to order at 7:32 pm by Mayor Slocomb. Also present were Ald. Petfalski, Damaske, Le Doux, Madden, Patterson, Salentine, and Schroeder, City Attorney Trindl, Clerk-Treasurer Marenda, Plan Director Turk, and Deputy Clerk Blenski. The Clerk stated the meeting was noticed in accordance with the open meeting law on 2/24/2003 as amended. APPROVAL OF MINUTES Salentine moved for approval of 2/11/2003 minutes. Le Doux seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE Regarding the power plant issue, the Mayor stated there was nothing new to report. Comments regarding the draft Environmental Impact Statement continue to be compiled. Ald. Damaske asked if a Council resolution would be done to show where the City stands on the issue. The Mayor stated he would research. The City does not want to lose its negotiating ability. The agreement for the high school athletic fields should be at the next Council meeting for approval. PERSONAL APPEARANCES Reso. #041-2003 - Resolution Supporting Local and Wisconsin Military. Salentine moved for adoption. Patterson seconded. Motion carried 7-0. Police Sergeant Robert Kuspa appeared before the Council. He was called for military duty following the events of 9/11 and was stationed in Afghanistan from August to November. He presented the City with an American flag that was flown in a Thunderbolt II during Operation Enduring Freedom from Bagram Air Base, Afghanistan on October 24, 2002 by Lt. Scott “Manuel” Mills. Sergeant Kuspa also thanked Chief Johnson and the Council for the financial support he was given while serving. The Mayor and Council members thanked Sergeant Kuspa for the presentation. COMMITTEE REPORTS Petfalski moved for acceptance of the 2/19/2003 and 2/25/2003 Finance Committee minutes. Salentine seconded; motion carried. Schroeder moved for acceptance of the 2/17/2003 Public Works Committee minutes. Damaske seconded; motion carried. Minutes of the 2/18/2003 Plan Commission, 2/10/2003 Parks & Recreation Board, and 2/12/2003 Community Development Authority were received and placed on file. OLD BUSINESS Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 2/11/2003. Salentine moved to defer. Le Doux seconded; motion carried. Ord. #1131 - An Ordinance to Amend the Zoning Map of the City of Muskego (The Settlement on Woods Road Subdivision - A to RS-2/OPD). Second Reading. Le Doux moved for adoption. Schroeder seconded. Motion carried 7-0. Common Council Minutes Page 2 February 25, 2003 Ord. #1132 - An Ordinance to Amend Chapter 41 of the Municipal Code of the City of Muskego to Add Section 41.06 (8) (Detailed Components of Comprehensive Plan - Tess Corners Design Guide). Patterson moved for adoption. Le Doux seconded. Motion carried 7-0. Ord. #1133 - An Ordinance to Amend the Zoning Map of the City of Muskego (HC-1 Historic Crossroads District). Le Doux moved for adoption. Patterson seconded. Motion carried 7-0. NEW BUSINESS Reso. #035-2003 - Approval of Agreement to Assume Certain Assets and Liabilities of Freedom Square Condominium Association and to Incorporate Said Water System into a Municipal System. Petfalski moved for adoption. Damaske seconded. Mayor Slocomb stated the agreement conveys portions of the Freedom Square water system into the municipal system. Motion carried 7-0. Reso. #036-2003 - A Resolution Creating, Describing and Making Certain Findings and Approving Project Plan for Tax Incremental District No. 9, City of Muskego, Wisconsin. Le Doux moved for adoption. Petfalski seconded. The Mayor noted an amended Exhibit B was distributed. The bids for the water project were higher than anticipated. The viability of the entire project was then reviewed. An additional $5.5 million in value is anticipated for the district based on the recent sale of two commercial lots and the next citywide revaluation to be done. Schroeder asked several questions about the plan. Motion carried 7-0. Mr. Turk noted that the resolution should be reconsidered and amended to approve the draft Project Plan dated 2/25/2003. Petfalski moved for reconsideration. Madden seconded. Motion carried 7-0. Reso. #036-2003, as reconsidered. Petfalski moved to amend to identify the Project Plan (Exhibit B) as the draft dated 2/25/2003. Le Doux seconded; motion carried. Motion to adopt Reso. 036- 2003, as amended, adopted 7-0. Reso. #037-2003 - Resolution of the City of Muskego Common Council Finding and Declaring That Redevelopment District No. 1 Project Area is a Blighted Area and that Specified Parcels within the Project Area are Blighted Properties, and Approving and Adopting the Redevelopment Plan for the Redevelopment District No. 1 Project Area. Le Doux moved for adoption. Petfalski seconded. The Mayor stated the redevelopment district boundaries are identical to those of the TID No. 9. Motion carried 7-0. Mr. Turk was dismissed at 8:05 pm. Reso. #038-2003 - Resolution Declaring Certain Delinquent Personal Property Taxes to be Uncollectible. Salentine moved for adoption. Petfalski seconded. Motion carried 7- 0. Reso. #039-2003 - Resolution to Authorize Termination of Agreement Between the City of Muskego and Welch Hanson and Associates, Inc. for Engineering Services. Salentine moved for adoption. Damaske seconded. Motion carried 7-0. Reso. #040-2003 - Final Resolution Authorizing Area Wide Water Capacity Assessment for Water Service Under Wisconsin Statutes 66.0703 and Levying Water Capacity Special Assessments Against Benefited Property (WCA) (Eleventh Amended WCA Common Council Minutes Page 3 February 25, 2003 District). Le Doux moved for adoption. Patterson seconded. The Clerk-Treasurer stated that only one property owner is affected and has signed a Waiver of Special Assessment Notices and Hearings so a public hearing was not required. The Mayor noted the amendment to the WCA was for The Settlement on Woods Road development. Motion carried 7-0. Reso. #042-2003 - Approval of Certified Survey Map - Payne & Dolan. Petfalski moved for adoption. Le Doux seconded. Motion carried 7-0. Later in the meeting, it was noted that Waukesha County was requesting some revisions and a new map would be forthcoming. Petfalski moved for reconsideration. Le Doux seconded. Motion carried 7-0. Reso. #042-2003, as reconsidered. Petfalski moved to defer. Le Doux seconded; motion carried. Reso. #043-2003 - Approval of Certified Survey Map - Levenhagen. Le Doux moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #044-2003 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit for Chamberlain Hill Subdivision. Salentine moved for adoption. Damaske seconded. Mayor stated this was deferred earlier at the Finance Committee meeting. Le Doux moved to defer. Petfalski seconded; motion carried. Reso. #045-2003 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit for The Settlement on Woods Road Subdivision. Le Doux moved for adoption. Salentine seconded. This was also deferred earlier by the Finance Committee. Salentine moved to defer. Le Doux seconded; motion carried. Reso. #046-2003 - Approval of Agreement with Owen Ayres & Associates, Inc. for Professional Services for Photogrammetric Services. Le Doux moved for adoption. Salentine seconded. Motion carried 7-0. The following Ordinances had first reading: Ord. #1134 - An Ordinance to Amend Chapter 41 of the Municipal Code of the City of Muskego to Add Section 41.06 (9) (Detailed Components of Comprehensive Plan - 2003 - 2007 Park and Open Space Plan). The Clerk stated an amendment would be forthcoming at the time of second reading. Section 41.06 (1) refers to the Park and Open Space Plan. That is the section that should be amended instead of creating a new one. Ord. #1135 - An Ordinance to Amend Chapter 21, Section 21.05 (6) (c) of the Municipal Code of the City of Muskego (Sewer Utility - Rules and Regulations - Users). LICENSES Petfalski moved for approval of an Operator’s License for Thomas Riley, Sherry Gajeski, Karen Ives and Anna D’Amato. Salentine seconded; motion carried. Petfalski moved for approval of a Temporary Class “B” License to Sell Fermented Malt Beverages for St. Leonard for 3/1/2003. Salentine seconded; motion carried. Common Council Minutes Page 4 February 25, 2003 VOUCHER APPROVAL Petfalski moved for approval of payment of General Vouchers in the amount of $2,296,240.55. Madden seconded. Motion carried 7-0. Madden moved for approval of payment of Utility Vouchers in the amount of $275,994.46. Le Doux seconded. Motion carried 7-0. Petfalski moved for approval of Tax Checks in the amount of $1,788.00. Le Doux seconded. Motion carried 7-0. CITY OFFICIALS’ REPORT The Clerk-Treasurer announced the following public hearings to be held on 3/11: 7:20 th pm to consider 10 amendment to the WCA District, 7:25 to consider implementation of a moratorium on land uses prohibited in the OWP Well Head Protection Overlay Zoning District. COMMUNICATIONS AND MISCELLANEOUS BUSINESS The consensus of the Council was that the City’s gateway signs should be finished with the urethane coating. The March calendar was reviewed. Discussion and Possible Action Regarding the Formation of a Subcommittee to Meet with Representatives of the YMCA Patterson stated the possible formation of a subcommittee was discussed at the last Committee of the Whole meeting. This could be a means of getting dialogue going. Le Doux stated the organization should meet with staff first; this is the way it has been done in the past. Petfalski agreed and did not support changing the process that is in place. The Clerk pointed out that the subcommittee would be subject to the open meeting law requirements. Patterson moved to set up a subcommittee to consist of staff and two aldermen and the Mayor, if he wanted to participate. Motion died for lack of a second. ADJOURNMENT Schroeder moved to adjourn at 8:43 pm. Madden seconded; motion carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer