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CCM20040525 COMMON COUNCIL - CITY OF MUSKEGO Approved as MINUTES OF MEETING HELD MAY 25, 2004 corrected 6/8/2004 Mayor Slocomb called the meeting to order at 7:35 PM. Also present were Ald. Salentine, Borgman, Buckmaster, Patterson, Schroeder, and Melcher, City Attorney Molter, Interim Plan Director Muenkel, and Acting Clerk-Treasurer Blenski. Ald. Madden was absent and excused. The Clerk stated the meeting was noticed in accordance with the open meeting law on 5/21/04. The Mayor noted that the Council would not convene into closed session regarding labor agreements. APPROVAL OF MINUTES Borgman moved for approval of the 5/11/2004 minutes. Melcher seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor stated that the tornado sirens in the City were sounded on Sunday for the first time. No complaints were received. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Salentine moved for acceptance of the 5/19/2004 and 5/25/2004 Finance Committee minutes. Schroeder seconded; motion carried. Buckmaster moved for acceptance of the 5/17/2004 Public Works Committee minutes. Salentine seconded; motion carried. Patterson moved for acceptance of the 5/17/2004 Public Utilities Committee minutes. Schroeder seconded; motion carried. Minutes of the 5/20/2004 Community Development Authority, 5/10/2004 Parks & Recreation Board and 5/18/2004 Plan Commission were received and placed on file. The Mayor gave an update on geese control at Idle Isle. Bye Bye Birdies did a fogging last week as well as another type of treatment. It appears one area was missed and will need to be redone. What has been done so far has had a positive impact. OLD BUSINESS Ord. #1166 An Ordinance to Amend Chapter 18, Sections 18.21 (5) and 18.46 (2) of the Municipal Code of the City of Muskego (Parks and Conservation Dedication Fees). On the floor, deferred 5/11/2004. Salentine moved to amend to include language on yellow sheet. Schroeder seconded; motion carried. Discussion took place regarding how the fees were finally determined. The Mayor stated the last time the fees were increased was in 1992. That is why a study was done. The fees were established based on future population growth and are defendable. Mr. Muenkel stated it is recommended that the Parks & Recreation Director and Plan Director review the fees every 2 to 3 years. The study established the methodology that can be used to review the fees in the future. Buckmaster asked what mechanism would ensure that the review takes place. Atty. Molter stated the fees could be changed by resolution if there is a reasonable basis to do so. Buckmaster does not want a long period of time to elapse before the fees are reviewed. The Mayor stated these fees could be reviewed annually like the planning and building fees. Salentine asked about building an additional family home in Ag zoning. Mr. Muenkel stated that A and EA zoning allows another residence to be built for a family member. The structure must be built on a parcel of land that Common Council Minutes Page 2 May 25, 2004 would be conforming if divided in the future. Until an actual land division occurred, the parks and conservation dedication fees would not be due. Discussion took place regarding the January 31, 2005 grandfather clause. Patterson asked if that was too long of a time. Mr. Muenkel stated the time was not excessive. The Finance Committee changed the date from December to January because there is typically only one Council meeting in December and some of the committee meetings are canceled during that month. Atty. Molter also stated that the idea was to bring the new fees in slowly to be fair to the people involved. Schroeder stated perhaps the conservation and trail fees should have been adjusted using the new population growth data. Mr. Muenkel said while population numbers are used to determine those fees, they are calculated differently. Buckmaster reiterated that the fees should be reviewed on an annual basis and the determination then forwarded to the Finance Committee. Schroeder suggested the revised population numbers be used when the conservation and trail fees are reviewed next year. An increase should not occur until the new population numbers indicate the fees should be higher. Ord. #1166, as amended, adopted 5 in favor and Melcher voting “no.” Following Reso. #100-2004, Buckmaster moved for reconsideration of Ord. #1166. Patterson seconded. Buckmaster asked Melcher why he voted in the negative. Melcher stated he had concerns with the population data that was used in the study. He believes the numbers are too high based on information he has seen from the State of Wisconsin. The study outlined guidelines to be used but if the data was not correct, calculations done in the future will not be accurate. The Mayor stated that the variables are truly variable and are externally controlled. The State’s numbers do not take all of the specifics that relate to our community into account. Schroeder stated that perhaps the methodology needs to be reviewed in the future as well. Buckmaster withdrew his motion for reconsideration. Patterson also withdrew his motion. Ord. #1171 - An Ordinance to Amend the Zoning Map of the City of Muskego (Burke Properties - R-3 and A to RSA/OPD). Second Reading. Salentine moved for adoption. Schroeder seconded. Motion carried 6-0. Mr. Muenkel was dismissed. NEW BUSINESS Reso. #098-2004 - Approval of Agreement for Access and Groundwater Monitoring. Salentine moved for adoption. Borgman seconded. Motion carried 6-0. Reso. #099-2004 - A Resolution Amending the 2004 Budget of the City of Muskego. Salentine moved for adoption. Schroeder seconded. Motion carried 6-0. The Mayor stated the resolution did not authorize any spending. Expenditures would have to be reviewed and approved by the Finance Committee. Schroeder stated the Finance Committee would closely monitor future expenditures. Reso. #100-2004 - Approval of Agreement to Assume Certain Assets and Liabilities of Country Club Village Master Maintenance Association, Inc., The Villages at Muskego Lakes Partnership and the Trustees of the Water Trust for Country Club Villages and to Incorporate Said Water System into a Municipal System. Schroeder moved for adoption. Patterson seconded. The Mayor explained how the four undeveloped lots would be handled. If building permits are issued within 90 days and homes are built and occupied within two years and 90 days of the Agreement being executed, the WCA Common Council Minutes Page 3 May 25, 2004 will not be due. All other properties in the subdivision are exempt from paying the WCA. Atty. Molter stated the Agreement was similar to others done in the past when water systems were taken over. Schroeder requested that upon execution of the Agreement, the owners of the four vacant properties receive notification regarding the time elements referred to earlier. Motion carried 6-0 (See Ord. #1166 above for further discussion that took place following Reso. #100- 2004.) Reso. #101-2004 - A Resolution to Establish Fees (Park and Conservation Dedication Fees). Salentine moved for adoption. Schroeder seconded. Motion carried 6-0. Reso. #102-2004 - Award of Bid - 2004 Road Improvement Program. Buckmaster moved for adoption. Salentine seconded. Motion carried 6-0. LICENSES Salentine moved for approval of an Operator’s license for Stephen Silber, Theresa Zawlocki, Lisa Gerber and Kurt Bork, Sr. Borgman seconded, motion carried. Salentine moved for approval of a Temporary Class “B” Retailer’s License and Temporary Operator’s for Muskego Corvette Club and June Loh for 8/21/2004. Patterson seconded; motion carried. Salentine moved for approval of the 2004-2005 Salvage and Recycling Permit for Kohne Salvage. Schroeder seconded; motion carried. VOUCHER APPROVAL Salentine moved for approval of payment of General Vouchers in the amount of $2,152,476.35. Schroeder seconded. Motion carried 6-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $110,453.13. Salentine seconded. Motion carried 6-0. CITY OFFICIALS’ REPORTS The June calendar was reviewed. The Aldermen were requested to submit summer vacation schedules to Cathie. ADJOURNMENT Salentine moved to adjourn at 9:10 PM. Buckmaster seconded; motion carried. Respectfully submitted, Jill Blenski, CMC Acting Clerk-Treasurer