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CCM20040727 COMMON COUNCIL - CITY OF MUSKEGO Approved as Corrected 8/10/04 MINUTES OF MEETING HELD JULY 27, 2004 Correction noted in bold. Mayor Slocomb called the meeting to order at 7:37 PM. Also present were Ald. Salentine, Borgman, Buckmaster, Madden, Melcher, Patterson and Schroeder, City Attorney Molter, Finance Director Gunderson, Police Chief Johnson, Clerk-Treasurer Moyer and Deputy Clerk Blenski. Those present recited the Pledge of Allegiance. The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting law on 7/23/04. The Clerk-Treasurer read the closed session notices. APPROVAL OF MINUTES Salentine moved for approval of the 7/13/2004 minutes. Borgman seconded; motion carried. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Salentine moved for acceptance of the 7/21/2004 and 7/27/2004 Finance Committee minutes. Madden seconded; motion carried. Salentine moved for acceptance of the 7/19/2004 Public Works Committee minutes. Buckmaster seconded; motion carried. Borgman moved for individual consideration for the paragraph regarding the Parkland Drive Subdivision Drainage Concern. Buckmaster seconded. Borgman stated the City continues to assign the responsibility for the maintenance of large drainage ditches to homeowner associations. Property owners are not always aware of this responsibility as ownership changes over time. The City is being requested to play a role in the rebirth of this homeowners’ association. A large drainage ditch that empties into Pond 4 must be restored. The homeowners are requesting that the Committee reconsider its decision and provide assistance regarding engineering of the ditch. Buckmaster summarized the Committee’s concerns. The open spaces for drainage are deeded to the homeowners’ association, which is responsible for the maintenance of those ditches. Residents are charged fees by the association. Going through the records, this issue was brought up previously and the same conclusion was reached. Buckmaster stated he had a similar issue in his district. The homeowners’ association is being reformed to address the issue. Mayor Slocomb stated that the engineering for the ditch was done; the original grading and draining plans still exist. Borgman responded that is true but they are asking for help to determine where the ditch is now in relationship to where the ditch is planned to be. There is 30 years of erosion and we do not know where the ditch belongs. Individual property owners are not able to have work done on their lot alone because they are told the people on each side are so far off from where the grades are supposed to be. Salentine stated all the engineering and grading plans exist and are public record. The Committee does have empathy for the people. However, to take this on as a City project would be opening a Pandora’s box. There are other subdivisions with similar situations. In addition, when the work is done privately, the cost is less than when the City does a project because of the public bidding laws. She did discuss with the Clerk- Treasurer if the association fee could be placed on the tax roll and it cannot. Salentine stated the City should not take this on as a capital project. Borgman stated they are not Common Council Minutes Page 2 July 27, 2004 asking for it to be a capital project. They are just looking for help to get the project going. Buckmaster clarified that the Public Works Committee was specifically asked how the project would be funded. Borgman stated that it was never their intent to have the City pay for the project. Buckmaster stated he did not have a problem with the Committee looking at the engineering aspect only. He wanted the issue passed on because the Committee had exhausted what could be done. The Committee will need direction from the Council. Whatever is done for this association will be expected by others. Schroeder moved to send the issue back to the Public Works Committee only to discuss the engineering aspect. Borgman seconded. Motion failed with Schroeder, Melcher and Borgman voting “yes” and Madden, Salentine, Buckmaster and Patterson voting “no.” Buckmaster stated if Borgman and the area residents work out a different scenario that has not been discussed, the Public Works Committee could review if it is something new. He wants to avoid a continuous circle of discussing the same things over and over again. Motion to accept the drainage portion of minutes as submitted carried with Madden, Salentine, Buckmaster and Patterson voting “yes” and Schroeder, Melcher and Borgman voting “no.” Buckmaster moved for individual consideration of Speed Limit on Durham Drive issue and requested it be sent back to the Committee. Salentine seconded; motion carried. Buckmaster moved for individual consideration of the Durham Drive Street Renaming issue and requested it be sent back to Committee. Salentine seconded; motion carried. Regarding the issue of speed bumps on Kurtze Lane, Schroeder recommended that the City use the speed bumps that are currently at the Library to see if they are effective before purchasing additional equipment. Motion to accept the minutes with said paragraphs removed carried. Minutes of the 7/20/2004 Plan Commission and 7/12/2004 Parks and Recreation Board were received and placed on file. Madden moved to convene into closed session pursuant to No. 1 §19.85(1)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, more specifically to be discussed, settlement and release agreement between City of Muskego and Thomas Schilling. Buckmaster seconded. Motion carried 7-0. The Clerk and Deputy were not present for the closed session. Salentine moved to reconvene into open session. Madden seconded; motion carried. NEW BUSINESS Reso. #122-2004 - Approval of Settlement and Release Agreement Between the City of Muskego and Thomas Schilling. Salentine moved for adoption. Madden seconded. Motion carried 7-0. Chief Johnson and Ms. Gunderson were dismissed. Common Council Minutes Page 3 July 27, 2004 UNFINISHED BUSINESS Ord. #1174 - An Ordinance to Amend the Zoning Map of the City of Muskego (Woodland Creek Estates - A to RS-2/OPD). Second Reading. Buckmaster moved for adoption. Salentine seconded. Buckmaster moved to amend to reflect that the 2010 Comp Plan was also being amended by adding “Section 4: The Common Council does hereby amend the 2010 Comprehensive Plan to reflect a land use amendment from Agriculture and Open Space to Medium Density Residential consistent with the RS-2 zoning district contingent upon the items specified in Section 3 being accomplished as stated in said Section 3.” Salentine seconded; motion carried. Melcher expressed concern that the development would cause additional traffic problems on Racine Avenue and its close proximity to the high school. Schroeder stated he is not opposed to the rezoning but noted he has similar concerns regarding the traffic flow onto and off of Racine Avenue. The intersections of Racine Avenue and Woods Road and Racine Avenue and Parker Drive need to be looked at very seriously. He believes the traffic concerns must be communicated to the County. He also would like to see the County lower the speed limit on Racine Avenue that is currently 55 mph. Schroeder also stated that historically Districts 6 and 7 have been held as country, rural areas where only larger parcels have been allowed. It seems we are getting away from that. This Council may need to review and come to some consensus as to how it will proceed in the future. Ord. #1174, as amended, adopted 5 in favor and Schroeder Melcher and Borgman voting “no.” (As corrected by Council on 8/10/2004) Ord. #1175 - An Ordinance to Amend the Zoning Map of the City of Muskego and 2010 Comprehensive Plan (Meinerz - RSE and A to B-4). Second Reading. Salentine moved for adoption. Buckmaster seconded. Mayor Slocomb stated the Plan Commission did not recommend approval of the rezoning. The recommendation was unanimous. The determination by the Plan Commission was based on the fact that residential land uses currently surround the property and commercial use of the property is not a constructive use at this time. The subject parcel is just outside the area projected for business use in the 2010 Comp Plan. Buckmaster stated as a member of the Plan Commission, he based his decision on protecting the public interests and the current use reflected by the Comprehensive Plan. The rezoning would change the characteristic of the area greater than what the people want. While the intended use was to be low impact, the property would be rezoned to B-4. The low impact comes from the conditional use grant, which is under the jurisdiction of the Plan Commission, not the Council. He is basing his decision on the uses allowed under B-4 zoning. He cannot support any rezoning that does not compliment the rural atmosphere and quality of life. Salentine agreed with Buckmaster. The B-4 is what we have to look at. Madden stated she spoke with many of her constituents in the area. They are not happy with the idea of more storage units in the area regardless of the location. This is an older community that wants to retire and be happy; they are not ready for business in the area. Patterson stated he always tries to listen to what the citizens want. The people living there do not want this to move forward. Eventually, the area may develop into a commercial district. However, it is not in our Comprehensive Plan now for that use. Schroeder moved to defer. Melcher seconded. Motion failed 5-2 with Madden, Salentine, Borgman, Buckmaster and Patterson voting “no” and Schroeder and Melcher voting “yes.” Ord. #1175 defeated with Madden, Salentine, Borgman, Buckmaster and Patterson voting “no” and Schroeder and Melcher voting “yes.” For the record, Borgman stated his reason for voting no was because this is in a residential area. Common Council Minutes Page 4 July 27, 2004 Ord. #1176 - An Ordinance to Amend Chapter 9, Sections 9.01(1)(b) and 9.02, of the Municipal Code of the City of Muskego (Orderly Conduct). Second Reading. Salentine moved for adoption. Borgman seconded. Motion carried 7-0. Ord. #1177 - An Ordinance to Amend Chapter 7 to Add Section 7.16 of the Municipal Code of the City of Muskego (Traffic Code - Compression Braking). Second Reading. Madden moved for adoption. Salentine seconded. Motion carried 7-0. NEW BUSINESS (Continued) Reso. #123-2004 - Amendment to Deposit and Forfeiture Schedule. Madden moved for adoption. Salentine seconded. Mayor Slocomb stated the amount to be established ($50) is consistent with the deposit and forfeiture for loud and unnecessary noise violations. He noted that these amounts would be reviewed in the future with a potential to increase. Motion carried 7-0. Reso. #124-2004 - Approval of Preliminary Plat for Woodland Creek Estates. Buckmaster moved for adoption. Madden seconded. Schroeder stated it appears Woodberry Drive is the only access from the development and he does not like the way it meets with Parker. Mayor Slocomb stated the engineering has not been done yet because the development is only at the preliminary plat stage. It is the intent to align the intersections of Woodberry and Parker. Schroeder asked for permission to allow Mr. Doering of Towne Realty to speak. Buckmaster objected. He stated the issue has been brought up at the Plan Commission and Public Works and the developer is very aware of the City’s concerns. Motion carried 6 in favor and Melcher voting “no.” Reso. #125-2004 - Preliminary Resolution Declaring Intent to Levy Area-Wide Capacity Assessment for Debt Service for Water Service Under §66.0703, Wisconsin Statutes th (16 Amended WCA District - Woodland Creek Estates). Salentine moved for adoption. Schroeder seconded. Mayor Slocomb stated the proposed amendment is to put the area that encompasses the Woodland Creek development and some additional lands in the water capacity assessment district. Motion carried 6 in favor and Melcher voting “no.” Reso. #126-2004 - Approval of Agreement with Cole-Layer-Trumble (CLT) Company for 2005 Revaluation and Maintenance. Salentine moved for adoption. Madden seconded. Motion carried 7-0. Reso. #127-2004 - Authorizing Street Name Change (Durham Drive). Buckmaster moved for adoption. Salentine seconded. Buckmaster moved to defer. Madden seconded; motion carried. Reso. #128-2004 - Resolution to Establish Traffic Regulations. Buckmaster moved for adoption. Madden seconded. Buckmaster moved to defer. Madden seconded; motion carried. Reso. #129-2004 - Appointment to Urban Forestry Committee (Ted Decker). Salentine moved for adoption. Schroeder seconded. Motion carried 7-0. Common Council Minutes Page 5 July 27, 2004 LICENSES Salentine moved for approval of an Operator’s license for Brett Padberg, Amy Bucher, Nathan Brenaman, Kathleen Vergolina and Rebecca Finney. Schroeder seconded, motion carried. Salentine moved for approval of a Temporary Operator’s License for Arthur Benotti for 8/27/2004 to 8/29/2004. Schroeder seconded; motion carried. Salentine moved for approval of an Outside Dance Permit with music until midnight and outside premise being licensed until 12:30 AM for the Kara-Oke Inn for 8/21/2004. Schroeder seconded; motion carried. VOUCHER APPROVAL Salentine moved for approval of payment of General Vouchers in the amount of $815,757.73. Schroeder seconded. Motion carried 7-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $195,311.05. Buckmaster seconded. Motion carried 7-0. Salentine moved for approval of Tax Checks in the amount of $10.00. Schroeder seconded. Motion carried 7-0. CITY OFFICIALS’ REPORT Salentine noted that a regular Committee of the Whole meeting was scheduled for August 12. No one present indicated they could not attend. Salentine moved to convene into closed session 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 the 2004 - 2005 Labor Agreements for all bargaining units. Madden seconded. Motion carried 7-0. The Clerk, Deputy and City Attorney were dismissed. Buckmaster moved to convene into open session. Borgman seconded; motion carried. ADJOURNMENT Patterson moved to adjourn at 10:18 PM. Madden seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Janice Moyer, CMC, CMTW Clerk-Treasurer