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CCM20040427 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD APRIL 27, 2004 Mayor Slocomb called the meeting to order at 7:48 PM. Also present were Ald. Salentine, Buckmaster, Madden, Patterson, Schroeder, Melcher and Borgman, City Attorney Eric Larson, Interim Plan Director Muenkel, Engineering/Building Inspection Director McMullen and Acting Clerk Cathie Anderson. The Clerk stated the meeting was noticed in accordance with the open meeting law as amended on 4/26/04. The Mayor noted that the Council would not convene into closed session regarding labor agreements. The Clerk read the closed session notice. APPROVAL OF MINUTES Salentine moved for approval of the 4/13/2004 and 4/20/2004 minutes. Madden seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Slocomb advised the Council of his appointment of David Simpson, Engineer, to the Plan Commission. Mr. Simpson will replace Harry Brodel who was appointed to the position until engineering staff was appointed. Mayor thanked Mr. Brodel for all of his years of service. Mayor Slocomb read a proclamation declaring Friday, April 30, 2004, as Arbor Day in the City of Muskego and urged all citizens to support efforts to protect our trees and woodlands and to support our City’s urban forestry program. Mayor Slocomb read a proclamation declaring May as Green-Up Month for the City of Muskego and urged all residents and organizations in the City to participate in the Green-Up Theme to help beautify our City during May and throughout the year. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Salentine moved for acceptance of the 4/21/2004 and 4/27/2004 Finance Committee minutes. Schroeder seconded; motion carried. Minutes of the 4/12/2004 Parks and Recreation Board, 3/24/2004 Library Board, 4/20/2004 Plan Commission, and 4/15/2004 Police and Fire Commission were received and placed on file. Ald. Buckmaster thanked the Parks & Recreation staff and board members for their cooperation during his term on the board. Ald. Schroeder stated he was pleased that the Police Department software purchase is on hold as the company is continuing with testing the program. OLD BUSINESS Reso. #239-2002 Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road Right-of-Way in the City of Muskego, Wisconsin (Woods Road). On the floor, deferred 3/25/2003. Sean McMullen gave explanation of vacation. Salentine moved to amend to change the title to read “Reservation” instead of right-of-way, to add the words “reservation” after street in the second paragraph, and to add “reservation” after street in the last paragraph. Seconded by Borgman, motion carried. Motion to approve amended Reso. #239- 2002 carried 7-0. Ord. #1166 An Ordinance to Amend Chapter 18, Sections 18.21 (5) and 18.46 (2) of Municipal Code of the City of Muskego (Parks and Conservation Dedication Fees). On the floor, deferred 4/13/2004. Buckmaster moved to defer. Borgman seconded, motion carried. Ord. #1167 An Ordinance to Amend the Zoning Map of the City of Muskego (Moorland Road Corridor). On the floor, deferred 4/13/2004. Borgman moved to amend to reflect zoning as designated on map identified as “Amendment #1” as provided to the Council as a supplement, which was also known as Concept #4. Buckmaster seconded, motion carried. Ordinance #1167, as amended, carried 7-0. Common Council Minutes Page 2 April 27, 2004 Ord. #1170 An Ordinance to Repeal and Recreate Chapter 30 of the Municipal Code of the City of Muskego (Building Code). Second Reading. Salentine moved for adoption. Buckmaster seconded. Salentine moved to amend 30.07 (2) (a) to reflect correct reference as “Section 18.33” and not “Section 18.33 (4).” Seconded by Patterson, motion carried. Ordinance #1170, as amended, carried 7-0. NEW BUSINESS Reso. #070-2004 Appointment of Weed Commissioner for the City of Muskego. Patterson moved for adoption. Salentine seconded, motion carried 7-0. Reso. #071-2004 Declaring Certain Weeds to be Noxious. Salentine moved for adoption. Borgman seconded, motion carried 7-0. Reso. #072-2004 Appointment of Alderpersons. Borgman moved for adoption. Seconded by Schroeder, motion carried 7-0. Reso. #073-2004 Appointment of Citizen Members to Board of Appeals. Schroeder moved for adoption. Buckmaster seconded. Schroeder moved to amend to designate Dan Shepp as “Chairman.” Buckmaster seconded, motion carried. Resolution #073-2004, as amended, carried 7-0. Reso. #074-2004 Appointment of Citizen Members to Library Board. Schroeder moved for adoption. Salentine seconded, motion carried 7-0. Reso. #075-2004 Appointment of Citizen Member to Police and Fire Commission. Schroeder moved for adoption. Salentine seconded, motion carried 7-0. Reso. #076-2004 Appointment of Citizen Members to Plan Commission. Schroeder moved for adoption. Buckmaster seconded, motion carried 7-0. Reso. #077-2004 Appointment of Citizen Member to Parks and Recreation Board Schroeder moved for adoption. Salentine seconded. Schroeder moved to amend to insert the name “Eric Hetzel.” Salentine seconded, motion carried. Resolution #077-2004, as amended, carried 7-0. Reso. #078-2004 Appointment of Members to the Community Development Authority. Schroeder moved for adoption. Salentine seconded, motion carried 7-0. Reso. #079-2004 Appointment of Member to the Conservation Commission. Salentine moved for adoption. Buckmaster seconded. Salentine moved to defer for confirmation of appointment. Seconded by Buckmaster. Motion to defer carried. Reso. #080-2004 Appointment of Citizen Members to the Urban Forestry Committee. Schroeder moved for adoption. Salentine seconded, motion carried 7-0. Reso. #081-2004 Approval of Certified Survey Map - Johnson, Town of Norway. Buckmaster moved to adoption. Salentine seconded, motion carried 7-0. Reso. #082-2004 Approval of Preliminary Plat - Fireside Orchard Subdivision. Buckmaster moved for adoption. Borgman seconded, motion carried 7-0. Reso. #083-2004 Award of Bid - SE Water Main. Schroeder moved for adoption. Salentine seconded. Mr. McMullen explained the need for over sizing for this project that will also assist Common Council Minutes Page 3 April 27, 2004 in future elevated storage. The bids came in under estimate. Schroeder moved to amend to note the correct committee members under “Sponsored By.” Patterson seconded, motion carried. Amended Reso. #083-2004 adopted 7-0. Reso. #084-2004 Final Resolution Authorizing Area Wide Water Capacity Assessment for Water Services Under Wisconsin Statutes 66.0703 and Levying Water Capacity Special th Assessments Against Benefited Property (WCA) (13 Amended WCA District). Schroeder moved for adoption. Salentine seconded. Schroeder verified that there would be further discussion on WCA charges prior to take over. Motion carried 7-0. Reso. #085-2004 Approval of Agreement Between the City of Muskego and Dennis Shook for the MHS 2004 Reunion. Salentine moved for adoption. Schroeder seconded, motion carried 7- 0. Reso. #086-2004 Approval of Practice/Show Dates on Little Muskego Lake (Water Bugs Ski Team). Borgman moved for adoption. Salentine seconded. Patterson verified that this agreement incorporated one more show date and 5 less practice sessions. Buckmaster thanked the Finance Committee for working this out with Parks & Recreation Board’s recommendations and incorporating the Compliance Checklist as part of resolution. Salentine moved to amend the second WHEREAS, to take out “between the hours of 6:30 PM and dusk and to add after the word dates “and times” to the last sentence. Schroeder seconded; motion carried. Amended Reso. #086-2004 adopted 7-0. Reso. #087-2004 Granting Placement of Water Ski Jump on Bed of Little Muskego Lake and Placement of Pier at Idle Isle (Water Bugs Ski Team). Borgman moved for adoption. Salentine seconded; motion carried 7-0. Reso. #088-2004 Resolution Adopting a Joint Powers Agreement for the 911 Emergency System with Waukesha County. Schroeder moved for adoption. Salentine seconded; motion carried 7-0. Reso. #089-2004 Amendment to 2003 Budget. Salentine moved for adoption. Schroeder seconded. Schroeder clarified his concern with spending any money on the Old Towne Hall to be taken from a fund that would take that fund to a deficit. Motion carried 6-1 with Patterson casting dissenting vote. Reso. #090-2004 Appointment to the Metro Recycling and Disposal Facility Siting Committee. Madden moved for adoption. Schroeder seconded. Mayor explained that currently Ald. Madden is on the Siting Committee and the committee meetings conflict with her other appointments. Salentine moved to amend to add the appointee’s first name “Laverne” to the resolution. Seconded by Buckmaster; motion carried. Amended Reso. #90-2004 carried 7-0. Reso. #091-2004 Appointment to Future Parkland Standing Committee. Madden moved for approval. Schroeder seconded, motion carried 7-0. LICENSES Salentine moved for approval of an Operator’s license for James Gollwitzer, Sandra Golwitzer, Sabrina Cropper, Jenny Gainer and Sylvia Andrews. Schroeder seconded, motion carried. Salentine moved for approval of a “Class B” Retailer’s License for BRKRS, Inc. Susan Der, Agent, The Breakers (Formerly Chesapeake). Schroeder seconded motion carried. Salentine moved for a Temporary “Class B”/Class “B” Retailer’s License for the All-MHS Reunion Committee for 9/4/2004. Schroeder seconded, motion carried. Common Council Minutes Page 4 April 27, 2004 VOUCHER APPROVAL Salentine moved for approval of payment of General Vouchers in the amount of $374,697.29. Schroeder seconded. Motion carried 7-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $617,167.55. Buckmaster seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS Acting Clerk noted a special Committee Of The Whole/Community Development Authority Joint Meeting was scheduled for 7:00 PM on Thursday, April 29, 2004 at 7:00 PM with a Community Development Authority Special Meeting immediately following. Ald. Melcher and Ald. Madden noted they would be unavailable for the Committee Of The Whole Meeting and Ald. Buckmaster announced that he would get back to the City Clerk as to his availability. Acting Clerk also noted a Public Hearing would be held on 5/11/2004 at 7:25 PM to consider petition of Burke Properties to rezone property from R-3 Country Home District and A Agricultural District to RSA/OPD Attached Single-Family Residence with Planned Development Overlay District. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW City Calendar for May was discussed. CLOSED SESSION Schroeder moved to convene into closed session at 8:57 PM pursuant to 19.85(1)(c) Wis. Stats., Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, more specifically filling position of Clerk-Treasurer. Salentine seconded. Motion carried 7-0. The City Atty., Mr. Muenkel, Mr. McMullen and Acting Clerk were dismissed. Salentine moved to convene into open session at 9:18 PM. Schroeder seconded. Motion carried 7-0. ADJOURNMENT Buckmaster moved to adjourn at 9:19 PM. Seconded by Salentine; motion carried 7-0. Respectfully submitted, Cathie Anderson Recording Secretary