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COMMON COUNCIL Minutes 03-11-1997COMMON COUNCIL - CITY OF MUSKEGO (UNAPPROVED) MINUTES OF THE MEETING HELD MARCH 11, 1997 The meeting was called to order at 8:30 P.M. by Mayor De Angelis. Also present were Aldermen D'Acquisto, Patterson, Pionek, Rasmussen, Salentine, and Sanders, City Attorney Molter, Planning Director Sadowski, and Deputy Clerk Blenski. with the Open Meeting Law on 3/7/97. The Deputy Clerk reported that the meeting was noticed in accordance Salentine moved for approval of the minutes of the 2/25/91 meeting. Patterson seconded. D'Acquisto moved to remove paragraph on Reso. #33-97 and requested Deputy Clerk review tape. Minutes do not Motion to approve minutes without said paragraph carried. accurately reflect comments he made. Salentine seconded, carried. The Deputy Clerk read the Notices of Closed Sessions. The Mayor had nothing to report under Communications from the Mayor's Office. PERSONAL APPEARANCES Anne Kinnev, Executive Director, of the Milwaukee Metropolitan Sewerage District presented information regarding the 2010 Facilities Plan. Public Utilities Superintendent Kloskowski was also present for this item. COMMITTEE REPORTS D'Acquisto moved for acceptance of minutes of the 2/24/97 and 3/11/97 Public Works Committee Meetings. Pionek seconded, carried. D'Acquisto moved for acceptance of minutes of the 3/5/91 and 3/11/97 Finance Committee Meetings. Sanders seconded, carried. Patterson moved for acceptance of minutes of the 3/3/91 Public Services Committee Meeting. Rasmussen seconded, carried. Minutes of the 3/4/97 Plan Commission Meeting were received and placed on file. Minutes of the 2/26/97 Library Board Meeting were not available. Ord. #912 - An Ordinance to Amend Chapter 9, Section 9.03 (2), of the Municipal Code of the City of Muskego (Sale of Fireworks). On the recommended by Public Services Committee. It was determined that the floor, deferred 2/11/91. Patterson explained the proposed amendments sale of fireworks would remain. Atty. Molter stated "or designee" should be removed as state statute is more restrictive regarding who may discharge; City ordinance cannot be less restrictive. Patterson moved to incorporate language contained in "proposed amendment" without the words "or designee." Pionek seconded, carried. Ord. #912, as amended, adopted 6-0. Muskego from 1-2 to 1-2/OIP (Fire Arms Range). Second Reading. Ord. #922 - An Ordinance to Amend the Zoning Map of the City of were no objections. Mrs. White stated this area of the City has Rasmussen requested privlege of the floor for Mrs. Ruth White. There been dumped on. Now it is being proposed to move the fire arms range to this area. The people in this area do not like it and do not want submitted. She requested the Council carefully consider this. Mayor it. Mrs. White stated a petition signed by property owners has been Common Council Minutes March 11, 1997 I Page 2 I De Angelis read the petition referred to by Mrs. White and signed by approximately 48 people. Rasmussen stated the seventh district is again being asked to take another facility out there. He asked that the Plan Commission consider the recommendations of the Emerald Park address the concerns of the residents. He requested that compensation who will use the range will be set by the Plan Commission. D'Acquisto for sociological impact be considered. Mayor stated that the issue of objected to compensation as the constituents in his district have not experienced a problem with the existing range. He understands the apprehension but does not think the impact will be what people think. Before he feels comfortable with the City engaging in compensation for sociological impact, he wants to make sure that the impact is well founded. Rasmussen stated he wanted it considered as a factor in the composite of the issues that are there and is not asking for payments specifically for location near the range. Ord. #922 adopted 6-0. Ord. #923 - An Ordinance to Amend Chapter 17, Section 6.11 (3) of the Municipal Code of the City of Muskego (Approval of Building, Site and Operational Plans-Criteria). Second Reading. Salentine moved for adoption. Sanders seconded. D'Acquisto stated the community lacks a substantial retail commercial base. He is concerned that these documents will discourage businesses from locating here. Patterson requested specific examples. D'Acquisto stated there are national corporations having distinct signature architectures that will not fit in with the "pseudo-residential" theme being developed for the designated downtown area. He does not believe there is enough flexibility. Mayor De Angelis stated that Wendy's just came before were requested to make. We are not asking people to redesign their the Plan Commission and had no exception to the modifications they buildings to look like houses. The documents set guidelines but allow the potential developer by presenting the City's standards up front. for flexibility. Rasmussen stated the documents will serve to assist What is an alternative? D'Acquisto disagrees flexibility is allowed. Mayor stated there is an assumption being made that anyone with a corporate identity will not meet our guidelines. Mayor reiterated that this ordinance does not adopt the Downtown Design Guide or Design Manual. It incorporates these documents by reference in Chapter 17. Council members were provided copies of these documents and no comments were received. Mr. Sadowski stated that the Downtown Guide has been adopted by the Plan Commission and is being used. Ord. #923 defeated 6-0. Ord. #924 - An Ordinance to Amend Chapter 17, Section 8.01 (7) B. of the Municipal Code of the City of Muskego (Permitted Accessory Uses). Second Reading. Sanders moved for adoption. Patterson seconded. Sanders read statement he prepared supporting the proposed ordinance. Pionek stated this does not sound right; it's like spot zoning. We have an ordinance and it should stay as is. Rasmussen stated regardless of what occurs here, the zoning issues still need to be addressed. The people have asked us to look at this and see if there is a way to preserve it. Patterson agreed with Sanders; the people have asked us to allow this. Pionek stated that petitions were submitted in opposition. He has received calls from people in his district and has to support them. Sanders responded that some of the a people who signed the petition were not aware of the background of the issue; some were not aware of what they signed. Salentine asked if this ordinance is voted down, could Mr. De Back sell across the street. Mr. Sadowski responded yes. Discussion took place regarding I Standing Committee. Rasmussen credited Chief Johnson for working to Common Council Minutes March 11, 1997 Page 3 if that was an expansion of a conditional use and may not be allowed. Mr. Sadowski stated that the ordinance, as it exists, allows for remedies. Mayor offered language to be added at the end of the paragraph that could read "grown by the seller, on agriculturally zoned property or agriculturally used property including the principal possibly be included. Sanders moved to amend to add the language residence," with "on the property or adjacent to the property" to "grown by the seller, on agriculturally zoned property or agriculturally used property including the principal residence." Patterson seconded. Motion carried 4-2 with D'Acquisto, Patterson, Rasmussen and Sanders voting "yes" and Pionek and Salentine voting "no." Rasmussen moved to amend to add "on the property or adjacent to the property." Patterson seconded. Salentine oppposes because it excludes some farmers but allows Mr. De Back to sell. Motion defeated 4-2 with D'Acquisto, Pionek, Salentine, and Sanders voting "no" and Patterson and Rasmussen voting "yes." Ord. #924, as amended, adopted 4-3 with D'Acquisto, Pionek, and Salentine voting "no" and Patterson, Rasmussen, and Sanders voting "yes" with Mayor casting the "yes" tie-breaker vote. Reso. #39-97 - Approval of Certified Survey Map - Fitzgerald, Town of Norway. Salentine moved for adoption. Patterson seconded. Carried 6-0. Reso. #40-97 - Resolution as to Final Plat, Subdivider's Agreement and Letter of Credit for Lakewood Meadows Addition No. 2. D'Acquisto moved to reject final plat as all approvals have not been received. carried. It was noted that the developer agreed to an extension of Salentine seconded. D'Acquisto moved to defer. Sanders seconded, time . Ord. #925 - An Ordinance to Amend the Zoning Map of the City of Muskego from RS-2 to RS-2/00S (Sorrentino/Berg Construction, Inc.). First Reading. CLOSED SESSION NO. 1 D'Acquisto moved to convene into Closed Session pursuant to §19.85(l)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, more specifically acquisition of Parkland Mall, discussion as to hiring a consultant regarding the same, and considering possible sale of a portion of said Mall. Rasmussen seconded. Carried 6-0. The Deputy Clerk was not present for Closed Session and the Planning Director was dismissed. The Council reconvened into Open Session at 12:20 AM with the City Attorney being dismissed. Ord. #926 - An Ordinance to Amend Chapter 9, Section 9.001(1) of the Municipal Code of the City of Muskego. Orderly Conduct (States Laws Prohibiting Certain Offenses Adopted). First Reading LICENSES D'Acquisto moved for Operators' Licenses for Micheline Posbrig, Donna Allen, Patricia Lawrenz, Richard Phillips, Terri Kadow, and Ruth Phillips. Sanders seconded, carried. D'Acquisto moved for denial of Operator's License for Thomas Alvarez because of failure to Common Council Minutes March 11, 1997 Page 4 disclose felony convictions on license application. Sanders seconded, carried. VOUCHER APPROVAL D'Acquisto moved for approval of General Vouchers in the amount of $399,678.12. Sanders seconded. Carried 6-0. Sanders moved for approval of Utility Vouchers in the amount of D'Acquisto moved for approval of Tax Checks in the amount of $430.42. $87,471.12. Rasmussen seconded. Carried 6-0. Sanders seconded. Carried 6-0. D'Acquisto moved to reconsider approval of General Vouchers. Rasmussen seconded, carried. D'Acquisto moved for approval of General Vouchers in the amount of $400,236.53. Sanders seconded. This included the deletion of vouchers in the amount of $620. Carried 6-0. CITY OFFICIALS' REPORTS The DeDutv Clerk noted that three Dublic hearinas will be held on 3/25 " as follows: 7:20 PM to consider petition of Heartland Development Group to amend the Lake Forest OPD, 7:30 PM to consider the petition of the Plan Commission to amend Chapter 17 to create 8-5 Business Park District, and 7:35 to consider petition of the Plan Commission to Mayor noted that the 3/12 Committee of the Whole meeting was canceled. amend Chapter 17 to create Overlay Height District. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Discussion took place regarding naming rights of public property. The Council determined each situation would be looked at on a case bv - case basis. CLOSED SESSION Mavor noted that the Council would not a0 into Closed Session No. 2. D'icquisto moved to convene into Closed Session pursuant to S19.85(l)(c) Considering employment, promotion, compensation or performance evaluation data of any public employe over which the governmental body has jurisdiction or exercises responsibility, more specifically Compensation and Classification Study Preliminary Final Report. Sanders seconded. Carried 6-0. Sanders moved to convene into Closed Session pursuant to §19.85(l)(c) Considering employment, promotion, compensation or performance evaluation data of any public employe over which the governmental body has jurisdiction or exercises responsibility, more specifically 1996 6-0. The Deputy Clerk was dismissed. labor negotiation strategies (Police). Salentine seconded. Carried Upon reconvening into Open Session, Sanders moved to adjourn at 12:45 AM and Patterson seconded; motion carried. Minutes taken and transcribed by Deputy Clerk. Respectfully submitted, e@ 111 Blenski VOUCHER TOTALS GENERAL FUND: BOARD CHECKS Ireaular) VOIDED CHECKS .< END OF MONTH WIRE TRANSFER TOTALS : . TAX CHECKS: UTILITIES: SEWER: BOARD CHECKS (reaularl VOIDED CHECKS " END OF MONTH WIRE TRANSFER SINKING FUND WATER : VOIDED CHECKS BOARD CHECKS (regular) END OF MONTH WIRE TRANSFER TOTAL UTILITY VOUCHERS: