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CCM20081014 COMMON COUNCIL - CITY OF MUSKEGO Approved: 10/28/2008 MINUTES OF MEETING HELD OCTOBER 14, 2008 Mayor Johnson called the meeting to order at 7:45 p.m. Present were Ald. Fiedler, Schaefer, Schneider, Werner, Borgman, Pavelko, and Snead, Assessor Mecha, Planner Trzebiatowski, Clerk-Treasurer Moyer, and City Attorney Molter. Those present recited the Pledge of Allegiance. The Clerk stated that the meeting was noticed in accordance with the open meeting law on 10/10/2008. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Johnson stated he attended a meeting that was held with the City Atty. and representatives of the Muskego Volunteer Fire Company regarding the transfer of assets. There were some outstanding membership issues, which the Mayor believes have now been addressed. Snead clarified that the problem was a wording issue; she will encourage matters be written down in the future to avoid this type of problem. Reso. #167-2008 - Honoring Muskego AFS USA Student Anna Rosso. Borgman moved for adoption. Snead seconded; motion carried. Mayor Johnson presented the resolution to Anna, who is visiting from Italy. Reso. #168-2008 - Honoring Muskego AFS USA Student Anne Sofie Vahlgreen. Borgman moved for adoption. Schaefer seconded; motion carried. Mayor Johnson presented the resolution to Anne, who is visiting from Denmark. Reso. #169-2008 - Recognition of 30 Years of Service - Peter Theis - Muskego Parks and Recreation Department. Borgman moved for adoption. Schneider seconded; motion carried. No one registered to speak under Public Comment. OLD BUSINESS 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). Second Reading. Borgman moved for adoption. Fiedler seconded. Fiedler stated he has not received any negative feedback from the residents in his district. School Superintendent Dr. Schroeder was present. He stated the proposed purchase of the property would be discussed at the annual meeting to be held in a few weeks. The school district is looking for the support of the community in order to proceed. Motion carried 7-0. PUBLIC HEARING The Clerk read the hearing notice to consider revisions to Chapter 14 Floodplain Zoning Ordinance of the City of Muskego Municipal Code relating to floodplain regulations. Planner Trzebiatowski stated Chapter 14 regulates any development within a floodplain area in the City. Chapter 14 was previously amended in 2006. Over the past two years FEMA has been working on updating its floodplain maps. As part of that project, all municipalities that are part of the National Flood Insurance Program (NFIP) are required to approve the new DNR model ordinance. By doing so, the City remains in good Common Council Minutes Page 2 October 14, 2008 standing with the NFIP, which allows residents to purchase flood insurance. Mr. Trzebiatowski stated that the proposed changes are minor in nature. The Plan Commission has already reviewed the proposed amendments to Chapter 14 and has recommended approval. No one requested to speak regarding this issue. The Mayor declared the hearing closed at 8:15 p.m. NEW BUSINESS Reso. #175-2008 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road Right-of-Way in the City of Muskego, Wisconsin (Koso Drive). Pavelko moved for adoption. Borgman seconded. Mr. Trzebiatowski stated property owners have petitioned to vacate a 60’ dedicated right-of-way just west of Koso Drive. He noted that the property owners to the north and south would each acquire half of the vacated area. The Plan Commission has recommended approval. Motion carried 7-0. Reso. #176-2008 - A Resolution to Approve the Use of Funds from the 2008 Muskego Volunteer Fire Company Operating Budget for the Purchase of a Vehicle. The Mayor stated the Finance Committee deferred this issue. Werner moved for adoption. Borgman seconded. Werner moved to defer. Borgman seconded; motion carried. OLD BUSINESS (Continued) Reso. #159-2008 - Approval of Articles of Agreement Between the City of Muskego and Tyler Technologies, Inc. for Professional Services to Assist the City Assessor. On the floor, deferred 9/23/2008. Fiedler moved to amend December 31, 2009 to December 31, 2010 in the first paragraph and to add “dated November 1, 2008” after Cole Layer Trumble Co. in the third paragraph. Borgman seconded. Motion carried 7- 0. City Atty. Molter stated he approves of the revised agreement. Reso. #159-2008, as amended, adopted 7-0. CONSENT AGENDA Borgman moved to approve the Consent Agenda. Schneider seconded. Motion carried 7 in favor. The following items were approved: Approval of Common Council Minutes of 9/23/2008 Approval of Operators’ Licenses for Daniel Caprioli, Sherry Gajeski, Lynn Henneberry, Carla Herbeck, Joseph Ouellette, Nathan Pawlak, Melanie Tiedke, and Carolyn White Reso. #170-2008 - Resolution Authorizing the Mayor to Approve Vouchers Reso. #171-2008 - Approval of Certified Survey Map - Brodel Reso. #172-2008 - Approval of Extraterritorial Certified Survey Map - Cartwright (Town of Vernon) Reso. #173-2008 - Approval of Financing Option for Radio Communication Infrastructure Common Council Minutes Page 3 October 14, 2008 Reso. #174-2008 - Approval of Reduction in Letter of Credit for Belle Chasse Development REVIEW OF COMMITTEE REPORTS Minutes of the 8/26/2008 Finance Committee, 9/8/2008 2020 Comprehensive Plan Committee, 8/27/2008 Library Board, 8/13/2008 Public Utilities Committee, 9/2/2008 Plan Commission, and 7/23/2008 and 8/14/2008 Teen Advisory Board were reviewed. OLD BUSINESS (Continued) 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 as amended 8/26/2008, deferred 9/23/2008. Schaefer moved to defer. Schneider 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 9/23/2008. Borgman moved to defer. Snead seconded; motion carried. Reso. #154-2008 - Approval of Centrex Agreement with AT & T Global Services. On the floor, deferred 9/23/2008. Mayor Johnson noted that the Finance Committee recommended approval at tonight’s meeting. Motion carried 6 in favor and Schaefer abstaining. 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 9/23/2008. The Mayor stated this still needed a recommendation from the Plan Commission. Borgman moved to defer. Schneider seconded; motion carried. FIRST READING OF ORDINANCES Ord. #1283 - An Ordinance to Repeal and Recreate Chapter 14 of the Municipal Code of the City of Muskego (Floodplain Zoning). LICENSES Werner moved for approval of a “Class B” Retailers’ License for the Sale of Fermented Malt Beverages and Intoxicating Liquor for Mama Mia’s of Muskego LLC, W189 S7761 Racine Avenue, Kimberly Bohmann agent. Borgman seconded. Motion carried 7-0. VOUCHER APPROVAL Snead moved for approval of payment of General Vouchers in the amount of $1,360,596.74. Borgman seconded. Motion carried 6 in favor and Schaefer abstaining. Pavelko moved for approval of payment of Utility Vouchers in the amount of $161,117.12. Borgman seconded. Motion carried 7-0. Common Council Minutes Page 4 October 14, 2008 CITY OFFICIALS’ REPORTS Mayor Johnson stated that he received correspondence that the County approved a reduction in the speed limit on Janesville Road to 35 mph from Moorland to Bay Lane. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Schaefer stated that the Teen Advisory Board will be working with the Historical Society and Chamber on the ghost walk to be held on 10/24 and 10/25. ADJOURNMENT Snead moved to adjourn at 8:30 p.m. Fiedler seconded; motion carried. Janice Moyer, MMC, CMTW Clerk-Treasurer