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CCM20030527 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD MAY 27, 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, Assistant Plan Director Wolff and Deputy Clerk Blenski. The Clerk stated the meeting was noticed in accordance with the open meeting law on 5/23/2003. Those present recited the Pledge of Allegiance. APPROVAL OF MINUTES Salentine moved for approval of the 5/13/2003 minutes. Madden seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Slocomb stated pamphlets regarding the West Nile virus are available at City Hall with information to also be available on the City’s website. ACCEPTANCE OF COMMITTEE REPORTS Petfalski moved for acceptance of the 5/21/2003 and 5/27/2003 Finance Committee minutes. Schroeder seconded; motion carried. Mayor Slocomb noted that the outside dance permit and amendment to licensed premise for Bushy’s for June 14 was inadvertently omitted from the Council agenda. No one expressed any issues about the event, which will be approved at the 6/10/2003 Council meeting. Schroeder moved for acceptance of the 5/19/2003 Public Utilities Committee minutes. Patterson seconded. Correction was requested on page 8 to reflect that the motion was seconded by “Patterson.” Motion to accept minutes as corrected carried. Buckmaster moved for acceptance of the 5/19/2003 Public Works Committee minutes. Motion carried 6 in favor and Petfalski voting “no.” Minutes of the 4/17/2003 Teen Advisory Board, 5/20/2003 Plan Commission and 5/12/2003 Parks & Recreation Board were received and placed on file. OLD BUSINESS Reso. #118-2003 - Offer to Purchase - Bennett, on the floor, deferred 5/13/2003. Mayor Slocomb stated the property owner has indicated that he will consider an offer on either piece individually. The price for the vacant parcel is $87,000, which is the appraised value. If the City decides to pursue acquisition of one parcel or the other, the Resolution of Necessity must be amended. Petfalski stated that the acquisition must be looked at for conservation purposes. The Chesapeake parcel cannot be developed into a large subdivision so acquisition is not as much of a concern. In addition, communication initiated with the school district will hopefully result in access to some school facilities for recreation purposes. This and use of the town hall should meet the short-term needs of the Parks & Recreation Dept. A map from the Conservation Plan was distributed showing the area for Big Muskego Lake. Salentine moved to amend the resolution for the first paragraph to read, “BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Finance Committee, does hereby authorize the execution of an Offer approved by the Mayor for only the vacant portion of the attached Offer to Purchase for the Bennett property for $87,000 for conservation purposes” and to add “upon revision of the Resolution of Necessity” in the last paragraph after the words “necessary closing documents.” Damaske seconded. Buckmaster asked what the advantage of the purchase was with a business being Common Council Minutes Page 2 May 27, 2003 adjacent to it. Salentine stated the acquisition is for green space around the lake, which is high priority. The Mayor stated the community has requested conservation efforts be pursued without tax dollars being used. Buckmaster questioned what would have to give if future landfill funds are used. Petfalski stated he believes Buckmaster would like to forego spending to build up a fund balance instead of borrowing from the future. The Mayor stated that will be difficult to accomplish. The City does not want to go through the condemnation process to acquire these properties so you have to take advantage of them when they become available. Schroeder stated he is interested in acquiring the vacant parcel but would like to see the issue back in two weeks to see more detailed financial information from the Finance Director regarding the $87,000. The Mayor stated the purchase would come from borrowing from reserve landfill funds and then repaying that next year. Petfalski does not support deferring for two weeks; that is not fair to the property owners. Schroeder stated his concern is with borrowing from future landfill funds, which are not guaranteed. We need to establish a kitty and someone has to start the ball rolling. Salentine stated the City wants to acquire parcels for conservation by reacting to the offers as they become available. The Mayor further explained that only $135,000 of landfill money is budgeted annually for conservation. Money is kept in reserve landfill funds and used as needed for the specific projects the funds are designated for. Petfalski agreed that each opportunity must be reviewed. Maybe we need to say no to some of these acquisitions that may not be as important. Damaske asked if a boat launch could be placed at the vacant parcel. The Mayor responded no. Buckmaster reiterated his concerns about borrowing from next year’s funds and the risk that is being taken; his district may not support the borrowing. The Mayor stated it is not conventional borrowing but using internal funds, which will then be replaced. Petfalski pulled up some financial information on his laptop and stated the money is there. The decision is whether we want to purchase this parcel or not. The Committee of the Whole may want to discuss spending philosophies for the future. The motion to amend carried 4-3 with Madden, Salentine, Damaske and Patterson voting “yes” and Schroeder, Petfalski and Buckmaster voting “no.” Schroeder moved to defer the resolution, as amended, for two weeks for reasons stated earlier. He requested the Finance Director be present. Buckmaster seconded. Motion carried 4-3 with Schroeder, Damaske, Buckmaster, Patterson voting “yes” and Madden, Salentine and Petfalski voting “no.” Atty. Molter will prepare an amended Resolution of Necessity and Offer for review at the next Council meeting. NEW BUSINESS Reso. #129-2003 - Resolution to Terminate Conditional Use Grant - Illuminated Outdoor Recreation Facility Muskego Moose Lodge Property. Schroeder moved for adoption. Salentine seconded. Petfalski recommended the resolution be defeated for now to give the lodge a chance to proceed with plans for a new building. Schroeder stated the resolution could be deferred for six months and then reviewed. Mr. Wolff stated the Plan Department would prefer that action on the termination not be delayed for six months. Defeating the resolution is not favorable either, as the Plan Commission should receive some type of direction from the Council. The Moose Lodge also needs to understand the importance of moving forward. Attorney Molter stated if the resolution is defeated, the process has to begin all over again. Buckmaster requested privilege of Common Council Minutes Page 3 May 27, 2003 the floor to allow input from representatives of the Moose Lodge (Joe Thibedeau and Karl Wegner). There were no objections. He asked if a deferral of three to six months was a realistic amount of time for the lodge to develop a plan and timeframe and then present that to the Council. Mr. Thibedeau responded three months was too short but six could be possible. Schroeder moved to defer for a six-month period. Salentine seconded; motion carried. Reso. #119-2003 - Resolution of Support for the Dredging of Schubring Bay and Island Drive Bay Areas of Little Muskego Lake. Salentine moved for adoption. Damaske seconded. Salentine explained the need for the DNR to be informed of the Council’s support for the dredging project. Ald. Buckmaster, Damaske, Madden, Patterson, and Schroeder requested to be included as sponsors. Motion carried 7-0. Reso. #120-2003 - Approval of Water Easement Agreement Between the City of Muskego and St. Leonard Congregation. Petfalski moved for adoption. Patterson seconded. Petfalski moved to defer as the item was deferred by the Finance Committee. Madden seconded; motion carried. Reso. #121-2003 - Recommendation to Waukesha County for Janesville Road Reconstruction Project. Salentine moved for adoption. Buckmaster seconded. Schroeder expressed concern that the resolution outlines items that have been finalized by the Council. Does this commit the City if costs exceed what was projected? The Mayor stated the County needs the resolution to include the City in the project but dollar amounts that exceed what was budgeted would have to be reviewed. Salentine moved to amend the eighth paragraph to read, “WHEREAS, The Public Works Committee is agreeing to participate in the burying of electrical wiring for the decorative street lighting.” Buckmaster seconded; motion carried. Reso. #121-2003, as amended, adopted 7-0. Reso. #122-2003 - Resolution as to Substantial Change to the Approved MRED Planned Development District for Development of Candlewood Village Condominiums. Madden moved for adoption. Schroeder seconded. Petfalski stated he would abstain from voting on Resolutions #122 through #127, excluding #126, because of his business relationship with Towne Realty and left the meeting for a brief period. Buckmaster asked if any of the buildings had exposed basements. The response was yes but not as part of the first phase. Mr. Wolff noted that adoption of this resolution would grant them approval for the entire development, which will be completed in phases. Motion carried 6-0 and Petfalski abstaining. Reso. #123-2003 - Approval of Certified Survey Map - MRED. Salentine moved for adoption. Madden seconded. Motion carried 6-0 and Petfalski abstaining. Reso. #124-2003 - Approval of Condominium Plat - Candlewood Village. Madden moved for adoption. Salentine seconded. Motion carried 6-0 and Petfalski abstaining. Reso. #125-2003 - Approval of Developers’ Agreement and Letter of Credit for MRED (Moorland/Residential) Associates LP. Salentine moved for adoption. Madden seconded. Attorney Molter stated the Letter of Credit required some technical changes. Motion carried 6-0 and Petfalski abstaining. Common Council Minutes Page 4 May 27, 2003 Reso. #126-2003 - Approval of Early Start Construction Agreement for MRED (Janesville/Moorland) Associates LP (Lot 2, CSM #9464). Salentine moved for adoption. Madden seconded. Motion carried 7-0. Reso. #127-2003 - Approval of Retention Pond Agreement #1 MRED Planned Development (Lands East of Moorland). Madden moved for adoption. Buckmaster seconded. Motion carried 6-0 with Petfalski abstaining. Reso. #128-2003 - Approval of Weights & Measures Agreement. Salentine moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #130-2003 - Approval of Retention Pond Agreement #2 MRED Planned Development (Land West of Moorland). Salentine moved for adoption. Schroeder seconded. Motion carried 6-0 with Petfalski abstaining. Reso. #131-2003 - Approval of Developers’ Agreement and Letter of Credit for MRED (Janesville/Moorland) Associates LP. Schroeder moved for adoption. Madden seconded. Attorney Molter stated the Letter of Credit required some technical changes. Motion carried 6-0 and Petfalski abstaining. Reso. #132-2003- Resolution to Redefine Highway Right-of-Way - Holz Drive. Madden moved for adoption. Salentine seconded. Motion carried 7-0. Mr. Wolff was dismissed. Reso. #133-2003 - A Resolution Requesting the Milwaukee Metropolitan Sewerage District to Install the Ryan Creek Interceptor Sewer. Damaske moved for adoption. Schroeder seconded. Schroeder stated Mr. McMullen presented the project at the Public Utilities Committee and indicated a letter of interest could be sent. The project would then be considered and come back to the committee to determine the City’s interest. The Mayor said the resolution is stronger. Petfalski stated his concerns and indicated he does not support at this time. Petfalski moved to send back to Public Utilities Committee for further explanation. Patterson agreed and seconded the motion. Petfalski requested input from the Utilities Superintendent and Engineer. Motion carried 6 in favor and Damaske voting “no.” Ord. #1140 - An Ordinance to Amend Chapter 17, Sections 6.02 (3)(A) 3. of the Municipal Code of the City of Muskego (OPD Density and Parcel Size Bonuses). First Reading. Schroeder asked if the ordinance would be detrimental to other B-4 areas and requested the Plan Department respond. LICENSES Petfalski moved for approval of an Operator’s License for Mike Malison. Salentine seconded; motion carried. VOUCHER APPROVAL Petfalski moved for approval of payment of General Vouchers in the amount of $1,318,613.02. Salentine seconded. Motion carried 7-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $45,483.79. Madden seconded. Motion carried 7-0. Petfalski moved for approval of payment of Tax Checks in the amount of $3,526,69. Salentine seconded. Motion carried 7-0. Common Council Minutes Page 5 May 27, 2003 CITY OFFICIALS’ REPORTS The Clerk-Treasurer announced the following public hearing to be held on 6/10/2003 at 7:20 pm to consider an amendment to the 2010 Street System Plan, specifically to route the Durham Drive realignment. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Discuss City of Muskego/Historical Society General Facility Agreement Schroeder requested be placed on agenda. Discussion can continue at next Committee of the Whole meeting at this point. Review Draft of June Calendar and Determine if June/July Committee of the Whole Meetings will be Held It was determined that the Committee of the Whole would meet in June as usual with concentration given to the General Facilities Agreement with the Historical Society. It was noted that Mr. Turk requested the Committee of the Whole meet with the Plan Commission in July, possibly before a Plan meeting. The Council chose 8/5/2003 for the joint meeting. Petfalski stated that the 7/8/2003 Finance Committee meeting would be canceled as two of the members would be out of town. It was noted that attendance by the remaining five members of the Council was required for the 7/8 meeting. Salentine requested that a joint meeting between the Council and Lake Fees Study Committee be scheduled as soon as possible because the Little Muskego Lake District will be preparing its budget. Petfalski also asked the Council to review the levy freeze proposed by the state and encouraged communication with our representatives regarding the proposal. ADJOURNMENT Madden moved to adjourn at 10:15 pm. Schroeder seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer