Loading...
COMMON COUNCIL Minutes 03-25-1997COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF THE MEETING HELD MARCH 25, 1997 Common Council) A duly-convened meeting of the Common Council of the City of Muskego, Waukesha County, Wisconsin, was called, noticed, held and conducted in the manner required by the Common Council and the pertinent Wisconsin Statutes on March 25, 1997. The Mayor called the meeting to order at 1O:OO P.M. Also present were Aldermen D'Acquisto, Patterson, Pionek, Molter, Planning Director Sadowski, Finance Director Gunderson and Rasmussen, Sanders, and Suhr, Clerk-Treasurer Marenda, City Attorney Deputy Clerk Blenski. Alderman Salentine was absent. D'Acquisto moved for approval of the minutes of the 3/11/97 meeting Authorize Additional Compensation for Clerk-Treasurer, corrected as and paragraph removed from the 2/25/97 minutes regarding Reso. #33-97, follows: "Sanders moved for adoption. Rasmussen seconded. Lengthy discussion took place regarding this issue. D'Acquisto stated that this is a policy decision; you do not incur the expense first and then approve of it later. Rasmussen stated the Council must accept responsibility for not doing anything about the situation. We expected the work to get done knowing there was not a Finance Director. The Mayor summarized the following points made on the issue. Should the Clerk-Treasurer receive compensation for the Director. Should the Council establish a policy decision that people additional time she worked performing the duties of the Finance are not compensated for work after the fact. Is there another mechanism available as compensation for the Clerk. D'Acquisto proposed that further discussion could take place with the Clerk-Treasurer at the Finance Committee level to negotiate a mutually agreeable solution. He is not saying she is not due some compensation for the additional duties but he may not agree with amount of compensation being requested. His concern is that everyone is crystal clear on the what the policy is; you never incur the expense first and then approve of it later. That is not the way we do things except in exigent circumstances. Sanders stated it was at Finance Committee and Committee of the Whole and called for the question. There was no objection. Reso. #33-97 defeated 4-3 with D'Acquisto, Pionek, Salentine, and Suhr voting "no" voting "yes." Pionek moved to take the issue to Finance Committee for and Patterson, Rasmussen, and Sanders an agreement to be worked out as it relates to additional compensation. Suhr seconded. Carried 7-0." Sanders seconded, motion carried. The Clerk-Treasurer read the notices of Closed Session. COMMUNICATIONS FROM THE MAYOR'S OFFICE with MMSD regarding billing dispute, facilities plan and the proposed Mayor presented an update on issues in the state legislature, meetings interceptor replacement, Linnie Lac dam and the creation of a subcommittee to negotiate the new cable franchise agreement which he will appoint following the Spring election. (Approved @ 4/8/97 OLD BUSINESS Ord. #922 - An Ordinance to Amend the Zoning Map of the City of Muskego from 1-2 to I-Z/OIP (Fire Arms Range). (Clarification of Motion and Revote). D'Acquisto moved for adoption. Suhr 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, on the floor, deferred 3/11/97. Suhr moved to amend to approve. Rasmussen seconded. Reso. #40-97, as amended, adopted 6-0. Page 2 Common Council Agenda March 25, 1997 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.). Second moved to amend Section 2 to include "Conditions Imposed" as prepared by Reading. Sanders moved for adoption. D'Acquisto seconded. Sanders City Attorney, renumber the existing Sections 2 and 3 to 3 and 4 and amend Section 4 to read "This Ordinance shall be in full force and effect from and after its passage and publication and subject to all conditions stated above being met within the time stated, time being of the essence, and this Ordinance is null and void and RS-2 zoning in effect with no further notice if any condition is not complied with on the terms and conditions stated herein. Mayor requested privilege of the floor for the petitioner, Mr. Berg. There was no objection. Mr. Berg stated he had no objection to the Conditions Imposed. Motion to amend carried. Ord. #925, as amended, adopted 6-0. D'Acquisto moved to reconsider. Patterson seconded, carried. D'Acquisto moved to further amend Ord. #925 for title to read "An Ordinance to Conditionally Amend the Zoning Map" and to add "if all of the conditions stated in Section 2 of this Ordinance are complied with on or before the date indicated herein, time being of the essence" in Section 1 following "The following described property is hereby rezoned from RS-2 to RS-2/OOS." Patterson seconded, carried. Ord. #925, as further amended, adopted 6-0. 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). Second Reading. D'Acquisto moved for adoption. Rasmussen seconded. Carried 6-0. Reso. #50-97 - Approval of Preliminary Plat - Park Estates. Suhr moved for adoption. Rasmussen seconded. Sanders moved to amend the last paragraph to change the words following "objecting agencies" to "and completion of the rezoning conceptually approved by Resolution #51-97 prior to the approval of the final plat." Rasmussen seconded, carried. D'Acquisto submitted correspondence from Mr. Berg and Mr. Salentine with this resolution. Reso. #50-97, as amended, adopted 6-0. indicating items offered to residents of Kimberly Estates to be filed Reso. #51-97 - Resolution Indicating City's Present Intent to Approve the Concept of RS-l/RS-Z/OPD Zoning (Park Estates). D'Acquisto moved for adoption. Rasmussen seconded. Carried 6-0. Norway. Suhr moved for adoption. Rasmussen seconded. Carried 6-0. Reso. #52-97 - Approval of Certified Survey Map - De Back, Town of Norway. Suhr moved for adoption. Rasmussen seconded. Carried 6-0. Reso. #53-97 - Approval of Certified Survey Map - De Back, Town of Planning Director Sadowski was dismissed. COMMITTEE REPORTS D'Acquisto moved for acceptance of the 3/19/97 and 3/25/97 minutes of the Finance Committee Meetings. Suhr seconded, motion carried. Utilities Committee Meeting. Rasmussen seconded. Carried 6-0. Sanders moved for acceptance of the minutes of the 3/17/97 Public Minutes of the 3/18/97 Plan Commission Meeting, 2/26/97 Library Board Meeting and 3/10/97 Parks & Recreation Board Meeting were received and placed on file. Common Council Agenda March 25, 1997 Page 3 §19.85(l)(e) Deliberating or negotiating the purchasing of public D'Acquisto moved to convene into Closed Session pursuant to 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. Pionek seconded. Carried 6-0. The Deputy Clerk was dismissed. The Clerk-Treasurer was not present for Closed Session. The Council reconvened into Open Session. Reso. #41-97 - Award of Bid - Freedom Square Storm Sewer Reroute and Outlet Structure. D'Acquisto moved for adoption. Pionek seconded. D'Acquisto moved to defer due to questions about type of material being bid and other issues discussed by Public Works Committee. Pionek seconded, carried. Reso. #42-91 - Approval of Continuation of Police Liaison Officer Program. D'Acquisto moved for adoption. Patterson seconded. D'Acquisto moved to amend to add: Be it further resolved that one of the Liaison Officers would be utilized for increased water patrol as well as other duties during the non-school season. Suhr seconded, carried. Reso. #42-97, as amended, adopted 6-0. Reso. #43-97 - Acceptance of Quote for Forced Well Abandonment adoption. Rasmussen seconded. Carried 6-0. (Hochschild, Schimmel, Wiedmann Properties). Sanders moved for Reso. #44-97 - Initial Resolution Authorizing $2,600,000 General Obligation Bonds of the City of Muskego for Library Projects. D'Acquisto moved for adoption. Rasmussen seconded. Financial Consultant Dave Anderson and Finance Director Gunderson were present. Mr. Anderson noted resolutions 44-97 through 49-97 were all related. This is a G.O. Bond issue for all costs to convert a portion of Parkland Mall for a library, with debt payment over 20 years. Mayor noted these initial resolutions are just the start of the process and not acceptance of bids to borrow the money. Motion carried 6-0. Reso. #45-97 - Initial Resolution Authorizing $3,625,000 General Obligation Bonds of the City of Muskego for Community Development Projects. D'Acquisto moved for adoption. Patterson seconded. Mr. Anderson advised this is also a bond issue and is for the portion of the Parkland Mall project the City would acquire and lease out to private entities. Carried 6-0. Reso. #46-97 - Resolution Directing Publication of Notice to Electors. Suhr moved for adoption. Rasmussen seconded. Carried 6-0. Reso. #47-97 - Resolution Providing for the Sale of $2,600,000 General Obligation Library Bonds. Sanders moved for adoption. Rasmussen seconded. Mr. Anderson stated this describes how the bonds will be sold. Carried 6-0. Reso. #48-97 - Resolution Providing for the Sale of Taxable General Obligation Bonds or Promissory Notes for Parkland Mall Project. D'Acquisto moved for adoption. Patterson seconded. Mr. Anderson noted this describes how to sell and allows City more flexibility in determining payment schedule for the future. Carried 6-0. Common Council Agenda March 25, 1997 Page 4 Reso. #49-97 - Resolution Providing for the Sale of $2,700,000 General Obligation Promissory Notes. Suhr moved for adoption. Rasmussen seconded. Mr. Anderson reported these will be G. 0. Promissory Notes to finance the 1997 Capital Budget, Refund 1992 Notes, Loomis Dr. road project and a community center at Parkland Mall. D'Acquisto reported project by $20,000, and moved to amend to increase sale of notes to the Public Works Committee recommended increasing the Loomis Dr. $2,720,000. Suhr seconded, carried. Resolution #49-97 As Amended adopted 6-0. Mr. Anderson reported the total debt issue for all these projects is $8,945,000. Ald. Rasmussen questioned the impact to the taxpayers, since original discussions were $4 million for a library. Mr. Anderson said instead of $4 million the library debt for the taxpayers would be $2.6 million. The rest of the debt will not be paid by taxpayers. Mayor stated that depending on how the final project takes shape there may be additional coverage for the citizens. There has been considerable discussion on all these items over the past several months. The G.O. notes for capital budget items have already been committed to as well as refunding. A portion of this borrowing of over $6 million is for the library renovation and their portion of acquisition of the center and furnishing, and $3.625 million is for renovation of Parkland Mall for which there will be rent-paying tenants, or always the opportunity to discuss selling the retail portion of the center after renovation to recoup expenses. There is still time for more discussion and appreciate any comments from the public. D'Acquisto stated up to this time it has been difficult to share reasons. He urged anyone with concerns to contact their alderman for information discussed in closed sessions for competitive bargaining details. Reso. #54-97 - Approval of Certified Survey Map - Boehm. Suhr moved Patterson and Suhr voting "no" and Pionek, Rasmussen and Sanders for adoption. Rasmussen seconded. Carried 4-3 with D'Acquisto, voting "yes" with Mayor casting the "yes" tie-breaker vote. Reso. #55-97 - Approve Revised Position for 1997 (Recreation Supervisor). Suhr moved for adoption. Patterson seconded. Carried 6-0. Reso. #56-97 - Offer to Purchase - Buechel. Sanders moved for adoption. Rasmussen seconded. Carried 6-0. Reso. #57-97 - Offer to Purchase - Schweitzer. Sanders moved for adoption. Rasmussen seconded. Carried 6-0. Reso. #58-97 - Offer to Purchase - Benke. Sanders moved for adoption. Rasmussen seconded. Carried 6-0. Reso. #59-97 - Resolution to Adopt Usage Fee Chart for Park Buildings/Shelters and Establish Permit for Beer. Patterson moved for adoption. D'Acquisto seconded. Carried 6-0. Reso. #60-97 - Resolution to Authorize Renaming of Muskego Creek (Pilak Creek). Rasmussen moved for adoption. Sanders seconded. Rasmussen spoke of Leonard Pilak's time and efforts dedicated to the rehabilitation of Big Muskego Lake/Bass Bay and asked he be honored in Common Council Agenda March 25, 1997 Page 5 this manner. Sanders added his support as Pilak was instrumental in not done posthumously. Pilak has been very dedicated in his work with turning the lake around. Mayor noted this was first naming of item the lake, as others have before him. Pilak accomplished a monumental task in spearheading the rehabilitation program. Carried 6-0. Ord. #927 - An Ordinance to Amend Chapter 17 of the Municipal Code of the City of Muskego to Create Section 8.145 - B-5 Business Park District. First Reading. Consideration of public hearing comments and Plan Commission recommendat'ions to be made after second reading. Ord. #928 - An Ordinance to Amend Chapter 17 of the Municipal Code of the City of Muskego to Create Section 9.10 - Overlay Height District. Commission recommendations to be made after second reading. First Reading. Consideration of public hearing comments and Plan There were no licenses to approve. VOUCHER APPROVAL D'Acquisto moved for approval of General Vouchers in the amount of $1,595,087.82. Sanders seconded. Carried 6-0. Sanders moved for approval of Utility Vouchers in the amount of $194,792.74. Rasmussen seconded. Carried 6-0. CITY OFFICIALS' REPORTS Clerk-Treasurer asked for comments on April calendar. Preserve Muskego meeting added for April 3rd. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Rasmussen expressed concerns about where the EPI Standing Committee is heading relating to the proposed Firing Range; the comments from citizens wanting substantial increase in sociological payments; about regulation; and the intent of the Council that the Standing Committee be an oversite committee, not to dictate details of the contract; and, the Standing Committee/EPI relationship in light of a letter received funds from FBI for the range. from the Committee on EPI letterhead. He doesn't want to jeopardize The Council did not convene into Closed Session No. 2. D'Acquisto moved to convene into Closed Session No. 3 pursuant to performance evaluation data of any public employe over which the S19.85(l)(c) Considering employment, promotion, compensation or governmental body has jurisdiction or exercises responsibility, more Report. Sanders seconded. Carried 6-0. The Clerk-Treasurer was specifically Compensation and Classification Study Preliminary Final dismissed. The Council reconvened into Open Session and Sanders moved to adjourn at 1:21 A.M. Rasmussen seconded, carried. Respectfully submitted, P KW& J n K. Marenda, CMC erk-Treasurer j mb VOUCHER TOTALS COUNCIL DATE 32377 END OF MONTH WIRE TRANSFER TOTALS : TAX CHECKS: UTILITIES: SEWER: BOARD CHECKS freaularl .- VOIDED CHECKS END OF MONTH WIRE TRANSFER SINKING FUND WATER : BOARD CHECKS freaularl .- VOIDED CHECKS END OF MONTH WIRE TRANSFER TOTAL UTILITY VOUCHERS: