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CCM20070313 COMMON COUNCIL - CITY OF MUSKEGO Approved: 03/27/2007 MINUTES OF MEETING HELD MARCH 13, 2007 The meeting was called to order at 8:14 PM by Mayor Johnson. Present were Ald. Borgman, Madden, Melcher, Salentine, and Snead, City Attorney Larson, City Administrator Sheiffer, and Deputy Clerk Anderson. Ken Ward of Ruekert & Mielke was also present. Those in attendance recited the Pledge of Allegiance. Ald. Buckmaster and Schaefer were not present. Ms. Anderson stated that the meeting was noticed in accordance with the open meeting law on 3/9/2007. COMMUNICATIONS FROM THE MAYOR’S OFFICE The results of the fire study have been published and are available. The issue will be reviewed at the Committee of the Whole meeting on Thursday, March 15 at 6:30 PM. The Mayor’s Task Force on Economic Development held its first meeting tonight and the Mayor is optimistic that the Task Force will proceed in a positive direction. Reso. #046-2007 - Honoring City of Muskego Eagle Scout Daniel Stoehr. Salentine moved for adoption. Borgman seconded. Motion carried 5-0. Mayor Johnson presented the resolution to Daniel who talked about his Eagle Scout project. PUBLIC COMMENT Stagecoach Trail Twenty-two public comment forms were received by the Clerk. Mr. W. Marq Stankowski spoke in opposition. Atty. Larson stated the item was not on the agenda and public comment was not appropriate. Lakewood Meadows Detention Pond Four public comment forms were submitted. Mayor Johnson noted that individuals could provide input at the public hearing. PUBLIC HEARING The Clerk read the public hearing notice to consider levying special assessments for Lakewood Meadows Detention Pond and Storm Sewer Rehabilitation Project. Mr. Ken Ward of Ruekert & Mielke was present. He stated the Lakewood Meadows detention pond was built in conjunction with the subdivision, which was developed over three phases. The detention pond was put in with the second phase. The pond is not functioning as it did because of an accumulation of silt on the bottom. It is proposed that the pond be rehabilitated. The primary beneficiaries of the project are those people that live in the Lakewood Meadows Subdivision. The pond was designed only for that subdivision. The proposed assessments would be levied upon those properties within the Lakewood Meadows Subdivision. Mr. Ward stated that the project was bid out with the low bid being approximately $48,000. The contractor is qualified to do the project. Costs for engineering, sediment testing, construction review and contingency were added to the cost of the bid for a total of about $87,000. The cost per lot is estimated at $1,500. The following individuals spoke: Common Council Minutes Page 2 March 13, 2007 Michael Stein, W193 S6812 Hillendale Drive, stated he received notification that his property would be assessed. He is not in the Lakewood Meadows Homeowners’ Association and his deed does not indicate that he has any common ownership to parcels or outlots within the subdivision. His property was built as part of the subdivision as an outlot. The runoff from his property does not flow into the pond. He does not believe his property should be part of the assessment. D. J. Golembiewski, W192 S6837 Churchill Court, stated she opposes dredging the pond. There are other things that could be done that would cost less than $87,000. The properties on Hillendale add major amounts of water to the retention pond and should be assessed. Lori Eilers, S67 W18979 Tans Drive, stated she is part of the Lakewood Meadows Subdivision. Properties that are not part of the subdivision also contribute runoff into the pond and should be assessed. Michael Ligocki, S67 W18863 Steeplechase Drive, stated he is in favor of the City proceeding with the project without delay. All properties that are in the Lakewood Meadows Subdivision should pay. Doug Staniszewski, S68 W18964 Lembezeder Drive, asked which pond would be dredged. Mr. Ward responded the larger pond adjacent to Lembezeder. Sal Corrao, S67 W19043 Tans Drive, stated he is the president of the Lakewood Meadows Homeowners’ Association. The association has known about this for the past four years. This is something that has to be done. The issue was researched and it was determined that the best way to proceed was to have the City do the project. The majority of residents in the subdivision are in favor or it. He understands that there are a few that do not. He encouraged the Council to move forward with the project. David Martin, W190 S6860 Bluegrass Drive, stated he submitted a Public Comment Registration form indicating that he and his wife were against the project. He understands that the project needs to be done but is concerned that half the cost of the project is for administrative purposes. Mr. Ward gave the rationale for how some of the project costs were estimated. Ruekert & Mielke has a bid for the silt testing ($5,913). Construction review was estimated at $10,000 and a 15% contingency ($11,354.88) was included. If the silt is contaminated, it has to be taken to a landfill. Mr. Ward stated it is possible that the project costs will be lower than what was estimated. Mary Graf, W191 S6834 Bluegrass Drive, stated there are people in the subdivision that own more than one lot but are only being assessed as one unit. Kevin Houselog, W191 S6885 Bluegrass Drive, asked how often the dredging would need to be done. Mr. Ward responded that much of the silt came from the initial landscaping that was done. It is anticipated that it would not have to be done for another 15 years. Common Council Minutes Page 3 March 13, 2007 Suzanne Staniszewski, S68 W18964 Lembezeder Drive, stated her property is affected the most by the sediment in the pond. She has experienced water on her property that does not go down. The project needs to be done and should have been done earlier. The Mayor declared the public hearing closed. CONSENT AGENDA Melcher requested that the 2/27/2007 Common Council minutes be removed from the Consent Agenda. Borgman moved to approve the remaining Consent Agenda items engross. Salentine seconded. Motion carried 5-0. The following items were approved: Reso. #047-2007 - Resolution to Amend Resolution #021-2007 (Recreation of Mayor’s Task Force on Economic Development). Reso. #048-2007 - Approval of Revised Fire Protection Agreement with Muskego Volunteer Fire Company. Reso. #049-2007 - Approval of Release and Settlement Agreement Between the City of Muskego and New Cingular Wireless PCS, LLC. Reso. #050-2007 - Approval of Certified Survey Map - Kujawa, Town of Waterford. Reso. #051-2007 - Approval of Certified Survey Map - B. C. & J. Development, LLC, Town of Norway. Reso. #052-2007 - Approval of Final Plat - Creekside Estates, Town of Vernon. Reso. #053-2007 - Approval of Certified Survey Map - Duve. Reso. #054-2007 - Approval of Certified Survey Map - Janesville Road and Princeton Drive. Reso. #055-2007 - Acceptance of Proposal Dated February 19, 2007 for Professional Services for the Tess Corners Box Culvert Replacement Project. NEW BUSINESS Approval of Common Council Minutes of 2/27/2007. Salentine moved to approve the 2/27/2007 minutes. Madden seconded. Motion carried 5-0. Discussion took place regarding reconsideration of the preliminary plat for Stagecoach Trail, which was approved at the 2/27/2007 meeting. Atty. Larson stated that the item should have been placed on the 3/13/2007 agenda if someone who voted in the majority wanted it to be reconsidered. That did not happen. Mr. Ward left the meeting. REVIEW OF COMMITTEE REPORTS Minutes of the 2/13/2007 Finance Committee (as amended), 2/6/2007 Plan Commission, 1/22/2007 Public Works Committee, 2/20/2007 and 2/23/2007 Citizen Study Committee on the Future of City Owned Settlement Center Property and 1/24/2007 Library Board were reviewed. Common Council Minutes Page 4 March 13, 2007 OLD BUSINESS Reso. #027-2007 - Approval of Condominium Plat, Developer’s Agreement and Letter of Credit for St. Andrews Phase 2. On the floor, deferred 2/27/2007. Salentine moved to defer. Madden seconded; motion carried. Reso. #034-2007 - Approval of Purchase of Phoenix Software for Muskego Police Department. On the floor, deferred 2/27/2007. Motion defeated 5-0. Mayor Johnson noted that a new resolution (Reso. #056-2007) was on the agenda under New Business to replace Reso. #034-2007. Ord. #1250 - An Ordinance to Amend Chapter 9, Section 9.05 (3), of the Municipal Code of the City of Muskego (Loud and Unnecessary Noise Prohibited). Second Reading. On the floor, referred back to Public Works Committee on 2/27/2007. Salentine moved to defer. Madden seconded; motion carried. Ord. #1251 - An Ordinance to Amend the Zoning Map of the City of Muskego (Basse Planned Development - PD-42). Second Reading. Borgman moved to defer. Madden seconded; motion carried. NEW BUSINESS Reso. #056-2007 - Resolution to Replace Resolution #034-2007 (Purchase of Phoenix Software for Muskego Police Department). Salentine moved for adoption. Madden seconded. Salentine moved to amend to remove “subject to approval of a software acquisition and license agreement and software support agreement by the City Attorney” from the NOW, THEREFORE, BE IT RESOLVED paragraph. Madden seconded. Motion carried 5-0. Reso. #056-2007, as amended, adopted 5- 0. Reso. #057-2007 - Resolution to Acknowledge Transmittal of the Final Written Recommendation Submitted by the Citizen Study Committee on the Future of City Owned Settlement Center Property. Melcher moved for adoption. Borgman seconded. The Mayor stated that the recommendation would be forwarded to the Parks & Recreation Board next and then come back to the Council. Motion carried 5- 0. LICENSES Salentine moved for approval of an Operator’s license for Christopher Brahm, Derreck Krause, Karen Krimmer and Alysha Bindrim (with a 3, 6, 9, 12-month review) and approval of a Temporary Class “B” License for Bethlehem Lutheran Church for 4/21/2007. Borgman seconded. Motion carried 5-0. Common Council Minutes Page 5 March 13, 2007 VOUCHER APPROVAL Borgman moved for approval of payment of General Vouchers in the amount of $525,744.48 less $12,205 (for Developer’s Deposit Release-Tudor Oaks). Madden seconded. Motion carried 5-0. Madden moved for approval of payment of Utility Vouchers in the amount of $96,501.15. Borgman seconded. Motion carried 5-0. CLOSED SESSION Salentine moved to convene into closed session pursuant to Wis. Stats. §19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, more specifically the lawsuit filed by Richard Lucht. Borgman seconded. Motion carried 5-0. Borgman moved to convene into closed session pursuant to Wis. Stats. §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 discuss interviewed semifinalists/compensation for City Engineer position. Melcher seconded. Motion carried 5-0. Deputy Clerk Anderson was dismissed. The City Atty. was present for the first closed session. OPEN SESSION Salentine moved to reconvene into open session. Borgman seconded; motion carried. ADJOURNMENT Borgman moved to adjourn at 9:55 PM. Snead seconded; motion carried. Minutes transcribed by Jill Blenski, Deputy Clerk