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CCM20030513 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD MAY 13, 2003 The meeting was called to order at 7:54 PM by Mayor Slocomb. Also present were Ald. Petfalski, Buckmaster, Damaske, Madden, Patterson, Salentine and Schroeder, City Attorney Molter, Clerk-Treasurer Marenda, Finance Director Gunderson, and Deputy Clerk Blenski. The Clerk stated the meeting was noticed in accordance with the open meeting law on 5/9/2003. Those present recited the Pledge of Allegiance. APPROVAL OF MINUTES Salentine moved for approval of the 4/22/2003 minutes. Madden seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Slocomb read a proclamation declaring May 16 and 16 as American Legion Auxiliary Poppy Days. ACCEPTANCE OF COMMITTEE REPORTS Petfalski moved for acceptance of the 5/7/2003 and 5/13/2003 Finance Committee minutes. Salentine seconded; motion carried. Schroeder moved for acceptance of the 4/21/2003 Public Utilities Committee minutes. Petfalski seconded; motion carried. Salentine moved for acceptance of the 4/28/2003 Public Works Committee minutes. Buckmaster seconded. Petfalski moved for individual consideration of the Berm and Plantings-Rosewood Subdivision issue and to refer same back to committee. Schroeder seconded; motion carried 6 in favor and Buckmaster voting “no.” Schroeder also noted that the total estimate for the project of $14,568 did not coincide with the cost information reflected in the minutes. Motion to accept minutes without said paragraphs carried. Patterson moved for acceptance of the 5/5/2003 Public Services Committee minutes. Schroeder seconded; motion carried. Minutes of the 5/6/2003 Plan Commission and 4/23/2003 Library Board were received and placed on file. OLD BUSINESS Ord. #1137 An Ordinance to Amend Chapter 12, Section 12.03(1)(b), of the Municipal Code of the City of Muskego (Peddlers, Canvassers, Transient Merchants). Second Reading. Salentine moved for adoption. Damaske seconded. Motion carried 7-0. Ord. #1138 An Ordinance to Amend Chapter 3 and Chapter 21 of the Municipal Code of the City of Muskego (Sewer Utility). Second Reading. Petfalski moved for adoption. Schroeder seconded. Motion carried 7-0. Ord. #1139 An Ordinance to Repeal Ordinance #1136 Entitled “An Ordinance To Impose A Moratorium On Certain Parcels Located In A Potential OWP Well Head Protection Overlay District In The City Of Muskego” (Moorland and Janesville). Second Reading. Salentine moved for adoption. Petfalski seconded. Motion carried 7-0. Common Council Minutes Page 2 May 13, 2003 NEW BUSINESS Reso. #107-2003 - Amendment to 2002 Budget. Salentine moved for adoption. Petfalski seconded. Finance Director Gunderson summarized the adjustments to the 2002 City General and Special Revenue budgets. Motion carried 7-0. Reso. #118-2003 - Offer to Purchase - Bennett. Salentine moved for adoption. Petfalski seconded. Petfalski moved to defer because of the increased purchase price. Patterson seconded. Motion carried 6 in favor and Salentine voting “no.” Reso. #108-2003 - Disallowance of Claim - Michael Weber. Salentine moved for adoption. Madden seconded. Motion carried 7-0. Reso. #109-2003 - Approval of Amendment to License Agreement Between the City of Muskego and United States Cellular Operating Company LLC. Petfalski moved for adoption. Salentine seconded. Attorney Molter stated the original agreement has not been executed to date. United States Cellular has proposed a change relating to repairs to the City’s equipment on its tower. The final language for the agreement has not been received yet. Motion carried 7-0. Reso. #110-2003 - Award of Bid - Muskego Dam Road and Jewel Crest Drive Bridge Replacement Projects. Salentine moved for adoption. Buckmaster seconded. It was noted that Sean McMullen was satisfied that the bid was awarded to Edward Kramer because of their expertise in the field. Motion carried 7-0. Reso. #111-2003 - Appointment of Citizen Member to Library Board (Margaret Purser). Damaske moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #112-2003 - Accepting Muskego Sun as the Official Newspaper of the City of Muskego. Schroeder moved for adoption. Buckmaster seconded. Motion carried 7-0. Reso. #113-2003 - Resolution to Amend the By-Laws and Rules of Procedure Community Development Authority of the City of Muskego, Wisconsin. Salentine moved for adoption. Damaske seconded. Motion carried 7-0. Reso. #114-2003 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit - Quietwood East LLC. Madden moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #115-2003 - Establishing Traffic Regulations. Patterson moved for adoption. Damaske seconded. There was a concern about the stop signs in Quietwood East and Big Muskego Estates because the final plats have not been finalized. Patterson moved to amend the resolution to take off the stop sign reference at this time and send the issue back to Committee. Buckmaster seconded; motion carried. Reso. #115-2003, as amended adopted 7-0. Reso. #116-2003 - Determination of Nonsubstantial Change to Approved Sarah Estates Planned Development District. Madden moved for adoption. Buckmaster seconded. Motion carried 7-0. Common Council Minutes Page 3 May 13, 2003 Reso. #117-2003 - Determination of Nonsubstantial Change to Approved Deer Creek Addition No. 1 Planned Development District. Madden moved for adoption. Patterson seconded. Motion carried 7-0. LICENSES Petfalski moved for approval of an Operator’s License for Lawrence Schneider, Kristy Kaye, Ram Jain, Christine Duston, Kellea Koterman, and Michelle Kuehl (subject to 3, 6, 9 and 12 mo. review). Salentine seconded; motion carried. Petfalski moved for approval of change of agent for De Marinis Denoon Saloon to Lucia De Marinis. Schroeder seconded; motion carried. Petfalski moved for approval of a “Class B” Retailers’ License for the Sale of Fermented Malt Beverages and Intoxicating Liquors for Boxhorn Gun Club LLC (Richard Schim, agent) subject to Finance Committee conditions. Salentine seconded; motion carried. VOUCHER APPROVAL Petfalski moved for approval of payment of General Vouchers in the amount of $889,574.46. Damaske seconded. Motion carried 7-0. Madden moved for approval of payment of Utility Vouchers in the amount of $285,063.86. Damaske seconded. Motion carried 7-0. Petfalski moved for approval of payment of Tax Checks in the amount of $1,797,284,53. Salentine seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS The Clerk-Treasurer announced the following public hearings to be held on 5/27/2003: 7:15 pm to consider substantial change to approved MRED Planned Development District to construct Sandalwood Estates Condominiums; 7:20 pm to consider amendment to Chapter 17 relating to OPD density and parcel size bonuses; 7:25 pm to consider termination of a conditional use permit for an illuminated outdoor recreational facility for the former Moose Lodge (Janesville and Crowbar Roads). COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Patterson initiated discussion regarding meeting day for Public Services Committee. The consensus of the committee was to change the meeting day from the first Monday of the month to the fourth Monday of the month. The meetings would be scheduled to begin at approximately 7:30 pm following Public Works Committee, with the next meeting to be held June 23. ADJOURNMENT Buckmaster moved to adjourn at 8:55 pm. Madden seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer