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CCM20040113 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD JANUARY 13, 2004 The meeting was called to order at 9:01 PM by Mayor Slocomb. Also present were Ald. Petfalski, Buckmaster, Damaske, Madden, Patterson, and Salentine, City Attorney Molter, Clerk-Treasurer Marenda, Finance Director Gunderson, Associate Planning Director Muenkel, Dave Anderson of Ehlers & Associates, and Deputy Clerk Blenski. Ald. Schroeder was absent. The Clerk stated the meeting was noticed in accordance with the open meeting law on 1/9/2004 and as amended on 1/12/2004. The Clerk read the notice for the first closed session. The Mayor noted that the second closed session was not necessary. APPROVAL OF MINUTES Petfalski moved for approval of the 12/09/2003 minutes with the following correction under Reso. #258-2003, “However, he has to weigh the fact that over a five-year period, the average nonrepresented employee received a 5.7% - 6.2% raise a nonrepresented employee could received a 5.7% - 6.2% raise on an annual basis.” Salentine seconded. Motion to approve minutes as corrected carried unanimously. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Petfalski moved for acceptance of the 1/7/2004 and 1/13/2004 Finance Committee minutes. Salentine seconded; motion carried. Minutes of the 11/19/2003 Library Board, 12/8/2003 Parks and Recreation Board, 11/20/2003 Teen Advisory Board and 12/16/2003 and 1/6/2004 Plan Commission were received and placed on file. NEW BUSINESS Reso. #015-2004 - Resolution Authorizing Ehlers and Associates, Inc. to Solicit Competitive Proposals for Not to Exceed $935,000 General Obligation Promissory Notes of the City of Muskego, Wisconsin. Petfalski moved for adoption. Patterson seconded. Finance Director Gunderson stated this provides a refinancing opportunity for outstanding debt at a lower interest rate. The funds needed for the Police Department software ($100,243), which is a capital expense, will also be included. Motion carried 6-0. Reso. #016-2004 - Resolution Authorizing Ehlers and Associates, Inc. to Solicit Competitive Proposals for Approximately $4,070,000 Sewer System Revenue Refunding Bonds of the City of Muskego, Wisconsin. Buckmaster moved for adoption. Salentine seconded. Ms. Gunderson stated that this was also an opportunity to refinance outstanding debt with a savings of approximately $100,000 to the sewer utility. Motion carried 6-0. Reso. #017-2004 - Initial Resolution Authorizing $2,090,000 General Obligation Bonds to Refund Obligations which Financed Construction of Fire Stations. Patterson moved for adoption. Buckmaster seconded. Finance Director Gunderson stated during review of the operating and capital budgets, it was agreed to refund debt issues for the Tess Corners Volunteer Fire Department, which relate to construction of the fire stations. Motion carried 6-0. Reso. #018-2004 - Resolution Directing Publication of Notice to Electors. Salentine moved for adoption. Madden seconded. Ms. Gunderson stated a notice in conjunction with the general obligation bonds for the fire department is required to be published. Motion carried 6-0. Common Council Minutes Page 2 January 13, 2004 Reso. #019-2004 - Resolution Providing for the Sale of $2,090,000 General Obligation Fire Department Refunding Bonds. Damaske moved for adoption. Petfalski seconded. The Finance Director stated this directs Ehlers to solicit proposals for the bonds. Motion carried 6-0. Reso. #013-2004 - A Resolution to Amend Debt Service Repayment Schedule to the Sewer Utility of the City of Muskego. Petfalski moved for adoption. Madden seconded. The Finance Director stated the issue was reviewed during the budget process. It is proposed that the schedule be amended to keep the City’s debt levy constant. The interest rate would be lowered from 5% to 2% with the payment schedule of 15 years to remain. Motion carried 6-0. Ms. Gunderson and Mr. Anderson were excused. Ord. #1159 - An Ordinance to Amend the Zoning Map of the City of Muskego (B-2 to HC-1 and RSA-OIP to HC-1 - Janesville Road and Durham Drive). Second Reading. Petfalski moved for adoption. Madden seconded. Buckmaster stated the petitioner has been very receptive to addressing the City’s concerns. He supports because it is the best use for the property now and for the future. Motion carried 6-0. Buckmaster moved to convene into closed session pursuant to §19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session; more specifically purchase of Ewald-Engel property for conservation purposes. Petfalski seconded. Motion carried 6-0. The Clerk and Deputy were not present for closed session. Mr. Muenkel was excused for the evening. Petfalski moved to reconvene into open session. Salentine seconded. Motion carried 6-0. OLD BUSINESS Charter Ordinance #19 - A Charter Ordinance Providing that the Office of the City Clerk- Treasurer be Separated to Become the Office of the City Clerk and the Office of the City Treasurer and that Each Position be Filled by Appointment. On the floor, deferred 12/9/2003. Buckmaster moved to defer. Madden seconded; motion carried. Reso. #199-2003 - Approval of City of Muskego Retiree Health/Dental Insurance Plan for Nonrepresented Employees. On the floor, deferred 9/23/2003. The Mayor stated Ald. Schroeder did not have any outstanding issues with the plan. Motion to adopt carried 6-0. Reso. #249-2003 - Award of Bid - Well #9 - Big Muskego Estates. On the floor, deferred 12/9/2003. Motion to adopt carried 6-0. Reso. #276-2003 - Resolution Authorizing Special Quarterly Charges for Garbage and Refuse Disposal and Recycling Service. Possible Reconsideration. Petfalski moved for reconsideration. Patterson seconded. Motion carried 6-0. Petfalski moved to amend the 1/1/2004 rate for residential units containing six units and over from $17.50/unit to $20.60/unit. It was noted that all residential units will be charged the same rate of $20.60 under the terms of the new contract. Patterson seconded; motion carried. Reso. #276-2003, as reconsidered and amended, adopted 6-0. Common Council Minutes Page 3 January 13, 2004 NEW BUSINESS (Continued) Reso. #001-2004 - Approval of Emergency Vehicle Pre-emption (EVP) System Agreement. Petfalski moved for adoption. Madden seconded. Motion carried 6-0. Reso. #002-2004 - Approval of Preliminary Plat - Golden Meadows Addition 3 in the Town of Waterford. Madden moved for adoption. Buckmaster seconded. Motion carried 6-0. Reso. #003-2004 - Approval of Certified Survey Map - Peterson, Town of Waterford. Madden moved for adoption. Petfalski seconded. Motion carried 6-0. Reso. #004-2004 - Approval of Certified Survey Map - Rozeski. Madden moved for adoption. Buckmaster seconded. Motion carried 6-0. Reso. #005-2004 - Approval of Certified Survey Map - Heinrich. Madden moved for adoption. Damaske seconded. Motion carried 6-0. Reso. #006-2004 - Approval of Cooperative Agreement Between the City of Muskego and Waukesha County Department of Senior Services. Petfalski moved for adoption. Damaske seconded. Motion carried 6-0. Reso. #007-2004 - Designating Public Depositories and Authorizing Withdrawal of City of Muskego Monies. Salentine moved for adoption. Damaske seconded. Motion carried 6-0. Reso. #008-2004 - Approval of Preliminary Plat - Boxhorn Reserve. Madden moved for adoption. Petfalski seconded. Motion carried 6-0. Reso. #009-2004 - Approval of Certified Survey Map - Switala. Madden moved for adoption. Petfalski seconded. Motion carried 6-0. Reso. #010-2004 - Approval of Preliminary Plat - Sommerset Subdivision, Town of Waterford. Madden moved for adoption. Salentine seconded. Motion carried 6-0. Reso. #011-2004 - Approval of Certified Survey Map - De Back, Town of Norway. Madden moved for adoption. Petfalski seconded. Motion carried 6-0. Reso. #012-2004 - Assignment of Lease Agreement for Public Access to Navigable Waters (Big Muskego Lake). Petfalski moved for adoption. Madden seconded. Petfalski requested an extension of the lease be investigated. Motion carried 6-0. Ord. 1160 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-2 and RS-3/OED to RS-3/OPD - Kenwood Place Subdivision). First Reading. Ord. #1161 - An Ordinance Extending a Moratorium on Land Divisions, Rezoning Petitions and the Approval of Building, Site and Operation (BSO) Plans (Moorland Road Corridor North of Janesville Road - Tax Key Nos. 2166.997, 2169.990, 2169.996, 2166.999, 2169.992, 2169.998, 2169.986, 2169.993, 2169.999, 2169.987, 2169.994, 2172.998, 2169.988, 2169.995, 2172.998.002, 2169.989, 2169.995.001, 2172.999, 2169.991, 2169.997 and 2166.998). First Reading. Buckmaster requested tax key number for Paula Johnson’s parcel. Atty. Molter encouraged the City to resolve the outstanding issues as timely as possible. Ord. #1162 - An Ordinance to Amend the Zoning Map of the City of Muskego and 2010 Comprehensive Plan (RS-2 to RSA and B-2 - Northfield Green Subdivision). First Common Council Minutes Page 4 January 13, 2004 Reading. Buckmaster requested a map that shows the RSA and B-2 rezoning of the affected parcel. LICENSES Petfalski moved for approval of Operator’s License for Amanda Zielinski, Marissa Kramer, John Rath, Angela Michals, Heather Karpinski, Glenda Claussen, Thomas O’Connor, Thomas Gorenc, and Donna Hanson (subject to required course completion). Salentine seconded; motion carried. Petfalski moved for approval of a “Class A” Liquor and Beer Retailers’ License for Muskego Lakes Enterprises (Robert White, agent). Damaske seconded; motion carried. VOUCHER APPROVAL Reduction in Letter of Credit for Big Muskego Estates - $879,000.00 Reduction in Letter of Credit for Redmond Residential - $298,000.00 Buckmaster moved to approve Letter of Credit reductions for Big Muskego Estates in the amount of $879,000 and Redmond Residential in the amount of $298,000 pursuant to a recommendation of Engineering/Building Inspection Director Sean McMullen. Salentine seconded. Motion carried 5 in favor and Petfalski abstaining. Petfalski moved for approval of payment of General Vouchers in the amount of $1,062,965.36. Salentine seconded. Motion carried 6-0. Petfalski moved for approval of payment of Utility Vouchers in the amount of $270,991.15. Damaske seconded. Motion carried 6-0. Petfalski moved for approval of Tax Checks in the amount of $16,922,245.05. Salentine seconded. Motion carried 6-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS It was determined that the 1/22/2004 Committee of the Whole meeting and special Council meeting to follow would be canceled. The next Committee of the Whole meeting is scheduled for 2/12/2004. ADJOURNMENT Petfalski moved to adjourn at 10:27 PM. Madden seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer