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CCM20080923 COMMON COUNCIL - CITY OF MUSKEGO Approved: 10/14/2008 MINUTES OF MEETING HELD SEPTEMBER 23, 2008 Mayor Johnson called the meeting to order at 7:33 p.m. Present were Ald. Schaefer, Schneider, Werner, Borgman, Pavelko, and Snead, Plan Director Muenkel, Deputy Clerk Blenski, and City Attorney Molter. Ald. Fiedler was excused. Those present recited the Pledge of Allegiance. The deputy stated that the meeting was noticed in accordance with the open meeting law on 9/19/2008, and as amended on 9/22/2008. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Johnson stated he needed one or two Council representatives to serve on the Negotiating Committee. Schneider stated he would serve. The Mayor will also check with Fiedler to see if he is interested. Snead gave an update regarding the fire departments. She and Werner have been attending the joint board meetings of the two departments. She reported the following:  personnel issues are being finalized.  by-laws and handbooks are being printed.  breathing apparatus needs to be updated and unified. This will be a capital budget expense and discussed further at the next Committee of the Whole meeting.  Phoenix system will be updated.  pagers, locks, cameras will also need to be updated.  residency of members being reviewed to determine location response. This will probably not be in place by January 1.  subcommittees will be formed to review the various aspects of consolidation. Snead and Werner stated the asset portion needs to be addressed as soon as possible. Atty. Molter stated all the necessary paperwork has been drafted. Mayor Johnson stated he is working toward setting up a meeting to continue to move the process forward. No one registered to speak under Public Comment. PUBLIC HEARINGS The deputy clerk read the hearing notice to consider the petition of the Muskego- Norway School District to rezone property known as Tax Key No. 2209.999 located on North Cape Road from RSE - Suburban Estate District to I-1 - Government, Institution, and Public Service District and also to grant a 2010 Comprehensive Plan Amendment from low density residential to government and institutional for the purpose of future school use. Plan Director Muenkel stated the subject parcel is located just south of Tudor Oaks and north of Hi View Estates. The present zoning allows residential parcels a minimum of 40,000 square ft. in size or larger. The rezoning petition indicated the parcel would be used for future school use. The school district did not provide specific details as to when the parcel would be utilized. Mr. Muenkel stated an amendment to the 2010 Comprehensive Plan would also be needed. He stated that staff has no issues with the Common Council Minutes Page 2 September 23, 2008 rezoning petition. The City of Franklin has expressed concern about future traffic patterns. Mr. Muenkel noted that any future building would require a Building, Site and Operation Plan to be approved by the Plan Commission as well as the other necessary reviews. Muskego-Norway School Superintendent, Dr. Joe Schroeder, was present and made the following comments:  the community will continue to grow resulting in an increase in student enrollment.  the district intends to be proactive to meet future needs.  sizeable land parcels are sparse.  the parcel meets all the necessary criteria  the district has communicated with the adjoining property owners regarding any potential concerns. No concerns have been expressed.  timing is right; the property can be acquired for a good price.  there are no immediate plans for the parcel.  district reserves would be used for the purchase.  citizen approval of the purchase would be placed on the agenda for the annual meeting to be held October 27.  closing is anticipated to take place in November. Mr. Randy Ritter, a resident of Franklin, stated he was also a member of the Franklin Plan Commission. He expressed the following concerns:  there is currently only one point of access to the property. Would a second entrance be required?  there is drainage from the property, which caused damage to the recreation trail following the heavy rains in June.  what does the school district foresee as the interim use of the property?  how will the drainage issues be addressed? Mayor Johnson noted that Mr. Ritter’s questions would be recorded. The City will discuss with the school district administration. He stated he did talk to Franklin Mayor Taylor and the alderman of the district adjacent to the subject property. No concerns were expressed. The Mayor declared the hearing closed at 7:53 p.m. Mayor Johnson noted the next public hearing was to consider levying area-wide water th capacity assessments for the 17 amendment to the WCA District. Mr. Ken Ward of Ruekert & Mielke was present. Mr. Ward stated that the WCA is a water capacity district that levies an assessment to a property when a connection to water is made. He said the WCA pays for water towers, wells, radium mitigation, pump houses, and th oversizing of water mains. The proposed 17 amendment covers the area primarily in the Moorland Road TIF district. It is bounded by College Avenue to the north and the Glenbrook Subdivision to the east. A water tower is proposed for the district, which will be partially paid for by TIF funds. Mr. Ward stated there are two classes of users within the district, existing and new. Within the TIF district, it is estimated that there could be up to 15 existing users, and approximately 64 users that would be new. Mr. Ward noted Common Council Minutes Page 3 September 23, 2008 that the numbers in the engineer’s report are estimates as a new district often contains parcels that will be built on in the future. Mr. Ward provided the rates for new and existing users. The rates increase annually by $60 for new users and $36 for existing. The City has allowed the assessment to be paid over a period of five years with interest. Mr. Ward clarified that the eight properties located on Oakridge Lane and Chestnut Ridge Court should be included in the district as water service is available. The remainder of the subdivision to the south is on City water and was included in a previous WCA amendment. Mr. Ward also verified that the property owners located on College Avenue and served by wells do not have to connect. Pat Gerrits, S63 W15487 College Avenue, asked when his property would be served by water. Service is available just short of his property. Mr. Muenkel stated he would have to research Mr. Gerrits’ question. Mayor Johnson told Mr. Gerrits that the assessment would not be due until he did connect to the water system. Discussion took place about the annual $36 increase (for existing properties within the district). Mr. Ward stated the annual increase of $36 was established when the district was created in 1986 to cover the infrastructure costs, which the utility borrowed money for. The increase helps to pay back the incurred debt. Mr. Ward stated this was a policy decision made back in 1986 and moving forward since then. Additional money would have to be collected from the water utility users if the WCA amount was not increased on an annual basis. Mr. Ward stated that whether Mr. Gerrits’ property is in the district with this amendment or not, his assessment will be based on what the WCA is at the time of connection. The Mayor believed there was an advantage for the property to be in the district now. The Mayor declared the hearing closed at 8:10 p.m. CONSENT AGENDA Pavelko requested Reso. #165-2008 be removed from the Consent Agenda for discussion. Borgman moved to approve the remainder of the Consent Agenda. Schneider seconded. Motion carried 6 in favor. The following items were approved: Approval of Common Council Minutes of 8/26/2008 and 9/11/2008. Approval of Operators’ Licenses for Ronald Herman, Brittney Levenhagen, Emily Moore, Joy Reeves, and Jared Smart. Reso. #162-2008 - Resolution to Set Public Hearing Date for 2009 Budget (11/3/2008 @ 6:30 p.m.) Reso. #163-2008 - Award of Bid - Little Muskego Lake Dam Rehabilitation. Reso. #164-2008 - Acceptance of Quote for Paving of Engel Conservation Area Parking Lot Reso. #166-2008 - Approval of Second Amendment to License Agreement - Verizon NEW BUSINESS Reso. #165-2008 - Approval of $10,000 Contribution to Muskego Senior Taxi Service for 2008. Werner moved for adoption. Schneider seconded. Pavelko stated he Common Council Minutes Page 4 September 23, 2008 supports the program and understands the need. However, he is concerned about the City’s proposed contribution. Will the City have to continue to support this organization? Pavelko stated he was a member of the CDBG Committee. A year ago, he informed the taxi service that it would not receive grant monies greater than what it received the first year. Pavelko repeatedly informed the organization that it should concentrate on fundraising efforts. He would like to look at other options. The Council is facing difficult budget decisions for next year. Pavelko moved to defer and send back to the Finance Committee to discuss other options. Motion died for lack of second. Snead stated the contribution would be made in 2008, and would not affect the 2009 budget. When the issue was discussed by the Finance Committee, it was made clear that the City would not subsidize the taxi service on an annual basis. No commitment was made for additional donations in the future. The initial contribution was to “kick start” the program. Werner stated the taxi service was started as a result of an ad-hoc committee that the City established to address the transportation needs of seniors. The message was sent to the representatives of the taxi service that fundraising needs to be done. Mayor Johnson stated he has been actively looking at other funding sources, such as grants. Schneider stated this is just like any other business starting out; it needs a helping hand. Pavelko stated he is not against the program, but wants other funding options to be looked at. The Mayor stated that there isn’t a lot of time left this year for additional fundraising to take place; the organization is in need of the funds now. No guarantee is being given regarding money in 2009. Motion carried 5 in favor and Pavelko voting no. REVIEW OF COMMITTEE REPORTS Minutes of the 8/12/2008 Finance Committee, 8/18/2008 Public Works Committee, 8/11/2008 and 8/25/2008 2020 Comprehensive Plan Committee, 8/11/2008 Parks & Recreation Board, 7/23/2008 Library Board, 5/20/2008 and 8/19/208 Community Development Authority, and 8/5/2008 Plan Commission were reviewed. OLD BUSINESS Reso. #146-2008 - A Resolution to Approve a Contract with the Tess Corners Fire Department to Serve All of the City of Muskego. On the floor, amended and deferred 8/26/2008. Werner moved to defer. Borgman seconded; motion carried. Reso. #147-2008 - A Resolution to Disband the Muskego Volunteer Fire Company and to Demand Transfer of Assets from the Muskego Volunteer Fire Company to the City of Muskego. On the floor, deferred 8/26/2008. Werner moved to defer. Borgman seconded; motion carried. Reso. #154-2008 - Approval of Centrex Agreement with AT & T Global Services. On the floor, deferred 8/26/2008. Werner moved to defer. Borgman seconded. Motion carried 5 in favor and Schaefer abstaining. Reso. #159-2008 - Approval of Contract with Tyler Technologies, Inc. for 2009 - 2010 Maintenance Services. On the floor, deferred 8/26/2008. The Mayor noted that the recommendation that came from the Finance Committee was for a three-year contract. Werner moved to amend based on the recommendation from the 9/23/2008 Finance Committee. Borgman seconded. Atty. Molter stated that the contract had not been amended to reflect the new three-year term. The consensus was that the item Common Council Minutes Page 5 September 23, 2008 should be deferred until the contract is in final form. Werner withdrew his motion. Borgman agreed. Werner moved to defer. Pavelko seconded; motion carried. Ord. #1279 - An Ordinance to Amend the Zoning Map of the City of Muskego (Borst - Field Drive - EA/OWP to PD). On the floor, deferred 8/26/2008. Schneider moved to defer. Borgman seconded; motion carried. Ord. #1282 - An Ordinance to Amend the Zoning Map of the City of Muskego (Muskego-Norway School District - Tax Key #2209.999 - RSE to I-1). First Reading. VOUCHER APPROVAL Snead moved for approval of payment of General Vouchers in the amount of $463,678.63. Schaefer seconded. Motion carried 6-0. Pavelko moved for approval of payment of Utility Vouchers in the amount of $274,732.87. Schneider seconded. Motion carried 6-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW A draft of the October calendar was reviewed. Schneider stated that the DOT would hold a meeting regarding the upcoming I-43/Racine Avenue project on 10/9. He wants to attend the meeting and requests that the COW scheduled for that night be moved. Mayor stated it would be discussed at this week’s budget meeting. Snead gave a brief update regarding the Muskego-Norway School Board Facilities Study Team, which she serves on. The team is meeting at each of the different schools. Snead distributed a list regarding the cost for converting and updating the Muskego Vol. Fire Dept. to Tess Corners. Lastly, she encouraged the Council members to attend any Chamber events, such as ribbon cuttings. Pavelko acknowledged the talent of the MHS band. Mayor Johnson indicated that the December 23 Council meeting would be canceled; there were no objections. The Mayor further noted the salaries for Aldermanic Districts 2, 4, 6 and 7 were established by Ord. #1241. They shall remain in effect unless changed by the governing body. Council members were requested to notify the Mayor in the next few days if anyone wanted to discuss salary changes. ADJOURNMENT Snead moved to adjourn at 8:37 p.m. Schaefer seconded; motion carried. Jill Blenski, CMC Deputy Clerk