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CCM20030722 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD JULY 22, 2003 The meeting was called to order at 8:37 pm by Mayor Slocomb. Also present were Ald. Petfalski, Buckmaster, Damaske, Madden, Patterson, Salentine and Schroeder, City Attorney Molter, Finance Director Gunderson, Engineering/Building Inspection Director McMullen, and Clerk-Treasurer Marenda. Those present recited the Pledge of Allegiance. The Clerk stated the meeting was noticed in accordance with the open meeting law. APPROVAL OF MINUTES Salentine moved for approval of the 7/8/2003 minutes. Schroeder seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Slocomb noted that he vetoed Ordinance #1143 - An Ordinance to Amend the Zoning Map of the City of Muskego from A to R-3 (Schmitt/Hillendale Drive). No motions or discussion occurred. PERSONAL APPEARANCES Donald Vilione and Stephanie Navarro of Virchow, Krause & Co. were present. Mr. Vilione presented highlights of the City’s 2002 financial statements noting all funds in total were generally favorable compared with budget, and reviewed the executive summary and charts submitted. A significant item is the new accounting regulations that will affect the 2003 statements. Dawn Gunderson is working on implementing those regulations and he complimented Dawn and her staff for their cooperation in the audit process. Mr. Vilione, Ms. Navarro and Ms. Gunderson were excused following the presentation. ACCEPTANCE OF COMMITTEE REPORTS Petfalski moved for acceptance of the 7/16/2003 and 7/22/2003 Finance Committee minutes. Schroeder seconded; motion carried. Salentine moved for acceptance of the 7/22/2003 Public Works Committee minutes. Buckmaster seconded; motion carried. Minutes of the 7/16/2003 Community Development Authority, 7/14/2003 Parks & Recreation Board, 7/15/2003 Plan Commission and 6/25/2003 Library Board were received and placed on file. Petfalski requested minutes of the Police & Fire Commission be placed on future Council agendas for review. OLD BUSINESS Reso. #161-2003 - Resolution as to Substantial Change to the MRED Planned Development District, Authorize Construction of a Jetzfuel Gasoline Service Station and Car Wash in the Redevelopment District No. 1 Project Area, and Approval of an Early Start Agreement (O’Connor Petroleum Company), on the floor, deferred 7/8/2003. Motion to adopt carried 7-0. Common Council Minutes Page 2 July 22, 2003 Ord. #1145 - An Ordinance to Amend Chapter 13, Section 13.01(2), 13.01(3) and 13.01(16) of the Municipal Code of the City of Muskego (Dog Fancier). Second Reading. Salentine moved for adoption. Buckmaster seconded. Motion carried 7-0. Ord. #1146 - An Ordinance Declaring a Moratorium on Land Divisions, Rezoning Petitions, and the Approval of Building, Site and Operation (BSO) Plans (Moorland Road Corridor North of Janesville Road). Second Reading. Petfalski moved for adoption. Salentine seconded. Buckmaster thanked Brian Turk for the very detailed history of the Moorland Road area. He expressed concern about the moratorium based on the ‘anticipation’ of amendments to the Comp Plan and Zoning code according to Paragraph 5 and in Section 3 requested information on the responsibility for reviewing the plan to determine if a request for a waiver meets the goals and objectives of the ‘draft’ plan. Atty. Molter explained the meaning of Section 3, and said all requests for waivers would go to the Council for action. Motion to adopt Ord. #1146 carried 7-0. NEW BUSINESS Reso. #172-2003 - Resolution Rescinding Relocation Order of the City of Muskego Known as Resolution #252-2002 (Freedom Square/Water/Improvements/Parkland Venture Property). Petfalski moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #173-2003 - Approval of Agreement to Assume Certain Assets and Liabilities of Freedom Square Condominium Association and to Incorporate Said Water System Into a Municipal System. Damaske moved for adoption. Petfalski seconded. Atty. Molter noted an Agreement was approved previously, but due to the change in the route of the water, a new Agreement was necessary. Motion carried 7-0. Reso. #174-2003 - Resolution to Establish Fee (Dog Fancier Permit) $50. Salentine moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #175-2003 - Approval of Certified Survey Map - Laimon. Madden moved for adoption. Petfalski seconded. Motion carried 7-0. Reso. #176-2003 - Approval of Certified Survey Map - Bolfert. Madden moved for adoption. Petfalski seconded. Motion carried 7-0. Reso. #177-2003 - Authorize Construction of an Entrance Canopy for St. Paul’s School Located in Redevelopment District No. 1 Project Area. Petfalski moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #178-2003 - Amendment to 2003 Budget. Petfalski moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #179-2003 - Approval of City of Muskego/Muskego-Norway School District Maintenance Agreement for Muskego High School Athletic Fields. Petfalski moved for adoption. Salentine seconded. Mayor noted the proposed agreement comes to Council as amended by the Finance Committee, specifically to change percentage of cost- sharing in Section Four relating to uninsured expenses from 50% to 37.75% City and Common Council Minutes Page 3 July 22, 2003 62.25% District; and in Exhibit A-1 to change cost-sharing for Routine Landscaping & Yard Maintenance, Irrigation, Vandalism/Storm Damage from 50/50 to 37.75% City and 62.25% District; and to change Building/Access Path Improvements on Exhibit A-1 from :agreed upon/budgeted” to 37.75% City and 62.25% District; and the dollar amounts listed on Exhibit B-1 to change accordingly with the percentage changes. Adjustment to the cost-sharing for the parking lot resurfacing will need to be discussed if used for general parking. Damaske had a concern that the committee created the percentages in the agreement and he was uncomfortable changing without their input. Petfalski noted actually the percentages were developed by the two staffs for our review. Schroeder moved to defer and have Petfalski speak with Dr. Drury on the proposed use of the parking lot. Buckmaster seconded; motion carried. Reso. #180-2003 - Approval of Early Start Agreement - Discovery Days. Petfalski moved for adoption. Schroeder seconded. Petfalski moved to amend second paragraph to change “building” to “occupancy inspection”. Salentine seconded; motion carried. Resolution as amended adopted 7-0. LICENSES Petfalski moved for approval of an Operator’s License for Timothy Haak, Matthew Halmstead, Timothy Couillard, Nicole Collins, Cathryn Hintz, Melissa Iverson, Sarah Margenau, Jeanne Semrad, Ashley Smith, Robert Bankenbusch (Temporary 8/22 - 8/24/2003), Arthur Benotti (Temporary 8/22 - 8/24/2003), June Loh (Temporary 8/23/2003) and renewal for Suzette Roushia (Class “A” only). Salentine seconded; motion carried. Petfalski moved for approval of a Temporary Class “B” License to Sell Fermented Malt Beverages for the Muskego Community Festival, Inc. for 8/22/03, 8/23/03 and 8/24/03 subject to the conditions of the Finance Committee and approve waiving the fees; and Muskego Volunteer Fire Co. Ladies Auxiliary for 8/1/03. Salentine seconded; motion carried. Petfalski moved for approval of a Temporary “Class B” License to Sell Wine for the Muskego Community Festival, Inc. for 8/22/03, 8/23/03 and 8/24/03 and Muskego Volunteer Fire Co. Ladies Auxiliary for 8/1/03. Damaske seconded; motion carried. Petfalski moved for approval of a “Class B” Retailers’ License for the Sale of Fermented Malt Beverages and Intoxicating Liquors for Sobek Resort LLC (George Henneberry, Agent). Schroeder seconded; motion carried. Petfalski moved for approval of Edward Albrecht as change of agent for Class “A” License for Kwik Trip. Schroeder seconded; motion carried. Petfalski moved for approval of Outside dance permit and change of licensed premise for Spitfires (Vera Pires) for 8/22-9/1/03 and 9/19-9/21/03 subject to conditions of the Finance Committee. Schroeder seconded; motion carried 7-0. Common Council Minutes Page 4 July 22, 2003 VOUCHER APPROVAL Petfalski moved for approval of payment of General Vouchers in the amount of $959,437.33. Schroeder seconded. Motion carried 7-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $355,271.80. Petfalski seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS Nothing to report. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Draft of August calendar was reviewed. ADJOURNMENT Damaske moved to adjourn at 9:37 pm. Petfalski seconded; motion carried. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer