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CCM20040914 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD SEPTEMBER 14, 2004 Mayor Slocomb called the meeting to order at 8:08 pm. Also present were Ald. Salentine, Borgman, Buckmaster, Melcher, Patterson and Schroeder, City Attorney Molter, Finance Director Gunderson, Tom Zagar and Deputy Clerk Blenski. Ald. Madden was not present. The Deputy Clerk stated the meeting was noticed in accordance with the open meeting law on 9/10/2004. The Deputy Clerk read the closed session notice. APPROVAL OF MINUTES Salentine moved for approval of the 8/24/2004 minutes. Melcher seconded; motion carried. NEW BUSINESS Reso. #144-2004 - Approval of Developer’s Agreement and Letter of Credit Amount for the Janesville Road Medical Clinic. Mayor Slocomb removed this item from the agenda. Reso. #141-2004 - Recognition of 25 Years of Service - Steven J. Kukowski - Muskego Police Department. Schroeder moved for adoption. Salentine seconded. Motion carried 6-0. Mayor Slocomb presented the resolution to Steve. PERSONAL APPEARANCES Donald Vilione, CPA of Virchow, Krause & Company was present. Mr. Vilione presented highlights of the City’s 2003 financial statements noting the audit went well and that the City is in good financial condition. He praised Finance Director Gunderson for her compilation of the Management Discussion and Analysis report (Pages 2 - 10 of the financial statements) and for implementation of the reporting requirements related to GASB #34. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Schroeder moved for acceptance of the 9/8/2004 and 9/14/2004 Finance Committee minutes. Salentine seconded; motion carried. Schroeder moved for acceptance of the 8/23/2004 Public Utilities Committee minutes. Melcher seconded; motion carried. Minutes of the 9/7/2004 Plan Commission, 8/23/2004 Conservation Commission and 8/25/2004 Library Board were received and placed on file. UNFINISHED BUSINESS Reso. #140-2004 - Authorize Expenditure for Janesville Road Culvert. On the floor, deferred 8/24/2004. The Mayor stated it appears that a decision was made sometime ago between the County and DNR. It is unlikely that the City will receive DNR approval. Patterson stated it might be better to have staff not pursue and spend time on other issues. Salentine said we don’t have the money whether we receive the permit or not. The Mayor stated the funds could be obtained if the Council determined that it should be done. Schroeder stated with TIF money not being available, he cannot support. It is Common Council Minutes Page 2 September 14, 2004 better to stop at this point. The Mayor stated pursuing could be good for economic development. Salentine suggested that a potential developer pursue instead of the City. The Mayor said it would cost less if done now because the contractor is on site. Buckmaster stated while the Council supports economic development, he agrees with Salentine that a developer should pursue. He does not have a problem with the culvert, only the City paying for it. Schroeder stated a certain amount of TIF dollars plus borrowed dollars were spent on the area. We need to draw the line. Salentine called for the question. Schroeder stated if something does change, the information could be brought back to the Council in another resolution. Buckmaster also noted that even if the culvert is installed, there are probably limitations as to what can be developed there. It may only be a parking lot. Motion to adopt the resolution, as amended, defeated 6-0. Mr. Vilione and Ms. Gunderson were dismissed. Ord. #1179 - An Ordinance to Amend the Zoning Map of the City of Muskego (Inpro Corporation - I-1 to I-1/OPD). Second Reading. Salentine moved for adoption. Patterson seconded. Salentine moved to amend to add “and upon approval of an amended Building, Site and Operation Plan for the Inpro Corporation” at the end of Section 3. Schroeder seconded; motion carried. Ord. #1179, as amended, adopted 6- 0. NEW BUSINESS (Continued) Reso. #142-2004 - Approval of Certified Survey Map - Ragus. Buckmaster moved for adoption. Salentine seconded. Motion carried 6-0. Reso. #143-2004 - Authorization to Enroll the Engel Conservation Site in Two Federal Programs. Salentine moved for adoption. Buckmaster seconded. Mr. Zagar provided a summary of two federal programs available that could enhance the Engel property. The first is the Wetland Reserve Program (WRP) administered by the Natural Resource Conservation Service (NRCS) and would cover restoration costs and pay the City for an easement equivalent to the agricultural value of the land, which is anticipated to be between $1,000 and $2,500 per acre. The proposed area would be approximately 45 acres in size. The other program is run by the United States Fish and Wildlife Service (USFWS). It is a 75% cost share program to restore upland crop fields to prairie vegetation. Mr. Zagar stated there are restrictions if the site is enrolled in the WRP. A permanent trail (such as a gravel road) cannot be run through the designated area. The easement would run with the land in perpetuity. Mr. Zagar stated that because the property was purchased with stewardship funds, there are already some restrictions as far as what the City can do with it. The wetlands also impose some restrictions. He does not see a downside to enrolling in the WRP. Salentine stated she sees this as a win-win situation. The property was purchased so the site could be conserved. Schroeder stated he is in favor of enrolling in the program. However, he questions if the easement could be an issue sometime in the distant future. Mr. Zagar stated there is an option for a 30-year easement which involves a lesser per acre rate of compensation. Schroeder said the option should be considered. Common Council Minutes Page 3 September 14, 2004 Discussion continued with Mr. Zagar stating that an area approximately the size of a quarter acre is required to be mitigated in conjunction with the proposed filling for the high school athletic fields to the north. He noted that the lands enrolled in the Wetland Reserve Program could not be used for mitigation. Mr. Zagar said there are wetland areas on the southern portion of the parcel that could be used for the mitigation. Schroeder noted DNR approval is required; he is concerned that there is an alternate site for the mitigation if the property identified by Tom is not approved. Melcher asked if there could be a negative effect to any adjacent farmland. Mr. Zagar stated the NRCS would carefully examine the hydrology of the land and determine any negative impacts to adjoining properties. Schroeder would like two questions researched following submittal of the application: What is the compensation for the 30- year easement term and is the Council interested, and can an area be defined for mitigation and discussed with the DNR to determine if approval would be granted. Mr. Zagar clarified that the City is only applying for the program and no commitment is being made at this time. Salentine moved to amend the title to indicate it is an authorization to “apply” for enrollment, and to change the language in the last two paragraphs of the resolution accordingly. Schroeder seconded; motion carried. Mr. Zagar clarified that the application and enrollment process are one and the same for the second program through the USFWS. Schroeder confirmed that the agreement to enroll the site in the Wetland Reserve Program would come back to the Council. Reso. #143-2004, as amended, carried 6-0. Reso. #145-2004 - Approval of Certified Survey Map - Uchitil. Buckmaster moved for adoption. Salentine seconded. Motion carried 6-0. Reso. #146-2004 - Resolution to Create the Position of Conservation Technician. Salentine moved for adoption. Schroeder seconded. Patterson stated he did not hear significant reasons at the Finance Committee to support the creation of the position. The City should first advertise and evaluate the applicants. We could look to address and make changes later if needed. Motion carried with Schroeder, Melcher, Salentine and Borgman voting “yes” and Buckmaster and Patterson voting “no.” Salentine moved for reconsideration to insert the starting date. Schroeder seconded; motion carried. Salentine moved to amend the resolution to include that the position is created effective immediately and to remove Ald. Madden’s name, as she was not at the Finance Committee meeting. Borgman seconded; motion carried. Motion to adopt the resolution, as amended, carried with Schroeder, Melcher, Salentine and Borgman voting “yes” and Buckmaster and Patterson voting “no.” LICENSES Salentine moved for approval of a regular Operator’s license for Michael Rytkonen, Scott Lago, Sherry Hoyt, Cindy Nelson, William Kehl and Bobbi Zidar. Schroeder seconded, motion carried. Salentine moved for approval of a “Class A” Retailer’s License for Ultra Mart Foods, Inc. (d/b/a Pick ‘n Save). Schroeder seconded; motion carried. Salentine moved for approval of an amendment to the description for American Drug Stores, Inc. (Osco Drugs). Schroeder seconded; motion carried. Common Council Minutes Page 4 September 14, 2004 VOUCHER APPROVAL Salentine moved for approval of payment of General Vouchers in the amount of $619,506.72. Schroeder seconded. Motion carried 6-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $26,595.07. Buckmaster seconded. Motion carried 6-0. CITY OFFICIALS’ REPORT The Deputy announced a public hearing was scheduled for 10/12 at 7:25 pm to consider the termination of a conditional use permit for property located at Woods Road and Tess Corners Drive. The subject property has a conditional use grant to permit the extraction of sand and gravel and a landscaping business. The property is now solely a single-family residential use and the CUG is no longer needed. Borgman 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. Salentine seconded. Motion carried 6-0. The Deputy and City Attorney were dismissed at 9:55 pm. Buckmaster moved to reconvene into open session at 10:20 pm. Salentine seconded. Motion carried 6-0. ADJOURNMENT Salentine moved to adjourn at 10:21 pm. Melcher seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Jill Blenski, CMC Deputy Clerk