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CCM20070123 COMMON COUNCIL - CITY OF MUSKEGO Approved: 02/13/2007 MINUTES OF MEETING HELD JANUARY 23, 2007 The meeting was called to order at 7:35 PM by Mayor Johnson. Present were Ald. Borgman, Buckmaster, Madden, Melcher, Salentine, and Schaefer, City Attorney Molter, City Administrator Sheiffer, and Clerk-Treasurer Moyer. Ald. Snead was absent. The Clerk stated that the meeting was noticed in accordance with the open meeting law on 1/19/2007. COMMUNICATIONS FROM THE MAYOR’S OFFICE Reso. #007-2007 - Honoring City of Muskego Eagle Scout Jake Conrardy. Salentine moved for adoption. Borgman seconded; motion carried. Mayor Johnson presented the resolution to Jake, who made a few comments about his project. CONSENT AGENDA Salentine requested that Reso. #012-2007 be removed for individual consideration. The Mayor noted that Reso. #014-2007 should be withdrawn. There were no objections. Borgman moved to approve the Consent Agenda items engross with the exception of Reso. #012-2007 and Reso. #014-2007. Schaefer seconded. Motion carried 6-0. The following items were approved: Common Council Minutes of 1/9/2007 Reso. #008-2007 - Approval of Extraterritorial Final Plat for the Woods of Still Water Subdivision in the Town of Waterford. Reso. #009-2007 - Approval of Extraterritorial Certified Survey Map for the Link Property in the Town of Vernon. Reso. #010-2007 - Approval of Reduction in Cash Balance - James/Dovic. Reso. #011-2007 - Approval of Reduction in Letter of Credit - Candlewood Village LLC. Reso. #013-2007 - Approval of Affidavits of Correction - Certified Survey Maps for James/Dovic. Reso. #015-2007 - Resolution to Establish Fees (Nonmetallic Mining Reclamation). Reso. #016-2007 - Rejection of Bids - Park Arthur Improvements. Reso. #017-2007 - Approval of 2007 Capital Budget Purchase of 3/4 Ton Truck with Plow. Reso. #018-2007 - Approval of Health Reimbursement Arrangement (HRA) Plan Document and Adoption Agreement. NEW BUSINESS Reso. #012-2007 - Authorization to Enter into Regional Telecommunications Commission Participation Agreement. Salentine moved for adoption. Madden Common Council Minutes Page 2 January 23, 2007 seconded. Motion carried with 5 in favor and Schaefer abstaining because she is employed by AT & T. Reso. #014-2007 - Approval of Joint Funding Agreement for Lake Water Quality Monitoring Program. Withdrawn REVIEW OF COMMITTEE REPORTS Minutes of the 10/26/2006 Committee of the Whole, 12/12/2006 Finance Committee, 12/5/2006 Plan Commission, 11/13/2006 Parks & Recreation Board and 12/18/2006 Citizen Study Committee on the Future of City Owned Settlement Center Property were reviewed. OLD BUSINESS Ord. #1237 - An Ordinance to Establish the Salary for Mayor for 2008-2011 Term. On the floor, deferred 1/9/2007. Salentine moved to amend to insert annual salary of $33,000 and to state that health and life insurance benefits would be provided. Madden seconded. Buckmaster stated he doesn’t want the entire package of salary and benefits to be more than $33,000. Salentine withdrew her motion; Madden agreed as the second. Buckmaster moved to insert annual salary of $33,000 and to state that health insurance and life insurance benefits shall “be offered at their cost.” Melcher noted that this would change who would consider running for the office. Motion carried with 5 in favor and Melcher voting no. Ord. #1237, as amended, adopted 6 in favor. Ord. #1242 - An Ordinance to Amend the Zoning Map of the City of Muskego (Ener-Con Companies LLC/Parkland View Development - B-4/OPD/OWP and RS-2/OIP/OWP to B-4/OPD/OWP). On the floor, deferred 1/9/2007. Mr. Muenkel requested deferral as the Plan Commission is working with the developer on some building, site and operation plan issues. Salentine moved to defer. Borgman seconded; motion carried. Ord. #1243 - An Ordinance to Repeal and Recreate Chapter 17 Zoning Code and the Official Zoning Map of the City of Muskego. On the floor, deferred 1/9/2007. Mr. Muenkel stated this ordinance and the others remaining on the agenda supports the recreation of Chapter 17. The Plan Commission has recommended approval. There are some proposed amendments to the zoning map from what was originally presented. Most of the proposed changes are in response to requests by property owners to retain the existing zoning. Mr. Muenkel reviewed the changes to seven areas. He noted that the current Comprehensive Plan goes to 2010. Work will begin on the next plan in the near future. Buckmaster stated that the Plan Commission and Council to date have made it clear that the Comp Plan will be followed when it comes to densities. Schaefer stated it is important that the City’s zoning map match the Comprehensive Plan. She is concerned that some of the property owners may misinterpret what is being done and there will be a push for compromise. She wanted it noted for the record that any zoning petitions that are submitted would have to conform to the 2010 Comp Plan. Borgman stated the same concerns. Atty. Molter stated this is an attempt to give property owners time to propose development in those areas that would meet the objectives of the existing Comp Plan. He stated that in 2010, the map and Comp Plan will have to agree. Buckmaster moved to amend to include the revised map. Borgman seconded. Motion carried with Melcher, Salentine, Borgman, and Buckmaster voting yes, Common Council Minutes Page 3 January 23, 2007 Schaefer voting no and Madden abstaining because she owns property that is in one of the revised areas. Ord. #1243, as amended, carried with Melcher, Salentine, Borgman, and Buckmaster voting yes, Schaefer voting no and Madden abstaining. Ord. #1244 - An Ordinance to Amend Chapter 18 of the Municipal Code of the City of Muskego (Land Division Ordinance). On the floor, deferred 1/9/2007. Motion to adopt carried 6-0. Ord. #1245 - An Ordinance to Amend the 2010 Comprehensive Plan of the City of Muskego. On the floor, deferred 1/9/2007. Motion to adopt carried 6-0. Ord. #1246 - An Ordinance to Amend Chapter 36, Sections 36.04 (4)(a) and 36.04 (5)(b) of the Municipal Code of the City of Muskego (Wireless Communications Facilities Siting). On the floor, deferred 1/9/2007. Motion to adopt carried 6-0. Ord. #1247 - An Ordinance to Amend Chapter 28, Section 28.02 (2) and Chapter 33, Section 33.02, of the Municipal Code of the City of Muskego. On the floor, deferred 1/9/2007. Motion to adopt carried 6-0. Ord. #1248 - An Ordinance to Amend Chapter 30, Sections 30.05 (6), 30.07 (4) and (5), 30.12 and 30.14 (1)(a), of the Municipal Code of the City of Muskego. On the floor, deferred 1/9/2007. Motion to adopt carried 6-0. Ord. #1249 - An Ordinance Repealing the Chapter 39 Traditional Neighborhood Development Ordinance of the City of Muskego. Second Reading. Salentine moved for adoption. Madden seconded. Motion carried 6-0. NEW BUSINESS Reso. #019-2007 - Approval of Tax Increment Finance Guidelines. Salentine moved for adoption. Buckmaster seconded. Mr. Muenkel presented a brief explanation regarding development of the guidelines as recommended by the CDA. The guidelines will direct future developers requesting tax incremental financing. Even with implementation of the guidelines, Mr. Muenkel noted that each development is based on its own merits. Some developments may not be able to meet all of the desired objectives. Motion carried 6-0. Mr. Muenkel was dismissed. LICENSES Salentine moved for approval of an Operator’s license for Danielle Talkowski, Angela Potrykus, Mike Goerg, Hetal Patel, Suzanne Terry, Teresa Cameron and Tammy Edminster, approval of a Temporary “Class B”/Class “B” License for Special Olympics of Wisconsin for 2/18/2007 and the Muskego Historical Society for 2/14/2007, 2/16/2007 and 2/17/2007, and approval of a Class “A” License to Sell Fermented Malt Beverages for Shvet Oil Corp. Schaefer seconded; motion carried. VOUCHER APPROVAL Salentine moved for approval of payment of General Vouchers in the amount of $752,741. Madden seconded. Motion carried 6-0. Madden moved for approval of payment of Utility Vouchers in the amount of $498,340.47. Borgman seconded. Common Council Minutes Page 4 January 23, 2007 Motion carried 6-0. Salentine moved for payment of Tax Checks in the amount of $12,884,916.58. Borgman seconded. Motion carried 6-0. CITY OFFICIALS’ REPORTS The February calendar was reviewed. A tentative Committee of the Whole meeting was scheduled for February 22. ADJOURNMENT Buckmaster moved to adjourn at 8:53 PM. Salentine seconded; motion carried. Janice Moyer, CMC, CMTW Clerk-Treasurer