ccm19840828COMMON COUNCIL
CITY OF MUSKEG0
MINUTES OF MEETING HELD AUGUST 28, 1984
Called to order by Chairman Salentine. Also present were
Aldermen Tomczyk, DeAngelis, Dumke, Gaetzke, Hilt, Nilsson and
Penovich, City Clerk Stewart and City Atty. Molter.
Mayor Salentine announced that following the conclusion of the
regular agenda, the Council would convene, upon passage of the
proper motion, into Closed Session pursuant to State Statute
19.85(1)(g) and (e) to confer with legal counsel with respect to
litigation in which the FLOW Coalition is or is likely to become
involved; and to deliberate or negotiate the purchasing of public
properties, the investing of public funds, or conducting other
specified public business, whenever competitive or bargaining
and noted action may be taken by the Council in this Closed
reasons require a closed session, specifically the above matter,
Session, and pursuant to State Statute 19.85(1)(c) to consider
employment, promotion, compensation or performance evaluation
announced Council would then reconvene into Open Session for the
data of public employees, namely 1985 salary proposals. Mayor
purpose of adjournment.
Tomceyk moved, Penovich seconded, to approve minutes of meeting
held August 20, 1984. Carried.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Johnson. The Oath of Office was given by Clerk Stewart.
Police Officer Sherri Besson was introduced to the Council by Lt.
Proclamation honoring Muskego resident John I. Moravec for his
services to the Wisconsin Slovak Historical Society was read by
Clerk.
Proclamation proclaiming Saturday, August 25, 1984 as National
Day of Recognitition for Volunteer Fire Departments, and honoring
the volunteers of the Muskego Volunteer Fire Company and Tess
Corners Volunteer Fire Department was read by Clerk.
COMMITTEE REPORTS
Tomczyk presented minutes of Finance Committee meetings held
8/22/84 and 8/28/84 and moved same be accepted. Penovich
seconded, carried.
Gaetzke presented minutes of Public Welfare Committee meeting
held 8/23/84 and moved same be accepted. At request of Gaetzke
with permission of Council, Brian Spencer presented his plans for
the restoration of Luther Parker Cemetery. Carried.
8/28/84 - Page 2
Common Council Minutes
DeAngelis presented minutes of Public Works Committee meeting
held 8/23/84 and moved same be accepted. Hilt seconded, carried.
Nilsson presented minutes of Rules, Laws, Ordinance Committee
meeting held 8/27/84 and moved same be accepted. Gaetzke
seconded, carried.
Plan Commission minutes of meeting held 8/21/84 were received and
placed on file.
UNFINISHED BUSINESS
Reso.#166-84 - Report of DandiLion Park Feasibility Committee.
-deferred 8120184. Pros and cons of purchasing
DandiLion Park property for park purposes and the sale of Idle
Isle Park discussed at length. With permission of Council,
Committee Chairman Spann responded to questions and concerns.
DeAngelis moved to amend the last paragraph to add "and directs
the Finance Committee to prepare a proposed referendum question to be presented to the Council in the form of a resolution prior
to their meeting of September 11, 1984, as to the possible
acquisition of the DandiLion Park property." Gaetzke seconded,
carried 5-2 with Tomczyk, DeAngelis, Gaetzke, Hilt and Nilsson
voting "yes" and Dumke and Penovich voting "no". Motion to adopt
DeAngelis, Gaetzke, Hilt and Nilsson voting "yes" and Dumke and
Penovich voting Irno".
Reso.#169-84 - Final Resolution Authorizing Area Wide Reserve
Capacity Assessments for Sewer Services Under Wisconsin Statute
66.60 and Levying Reserve Capacity Special Assessments Against
Benefited Property (RCA). On floor, deferred 8120184. Motion to
adopt carried unanimously.
Reso.#170-84- Final Resolution Authorizing Installation of
Sanitary Sewer Improvements and Levying Special Assessments
District flOtt). To conform payment due date with Bass Bay
Against Benefited Property (Kurtze Lane Project - Assessment
Project, Gaetzke moved to reconsider. DeAngelis seconded,
dates from November 1, 1984 to November 1, 1985. DeAngelis
carried unanimously. Gaetzke moved to amend No. 5 to change
seconded, carried unanimously. Motion to adopt #170-84 As
Amended carried unanimously.
Reso.#171-84 - Final Resolution Authorizing Installation of
Sanitary Sewer Improvements and Levying Special Assessments
Against Benefited Property (Woods Road Project - Assessment
District l'P"). To conform payment due date with Bass Bay and
Kurtze Lane Projects, Gaetzke moved to reconsider. Tomczyk
seconded, carried unanimously. Gaetzke moved to amend No. 5 to change dates from November 1 , 1984 to November 1 , 1985.
@ Resolution #166-84 As Amended carried 5-2 with Tomczyk,
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8/28/84 - Page 3
DeAngelis seconded, carried unanimously. Motion to adopt #171-84
As Amended carried unanimously.
Reso.#177-84 - Authorizing Execution of the 1984 Labor Agreement
Between Muskego Professional Policeman's Association and the City
of Muskego. In order to clarify attachment so language Council
Tomczyk moved for reconsideration. Dumke seconded, carried
voted on is consistent with that the Police Assn. voted on,
unanimously. Tomczyk moved to amend attachment to acknowledge
change in language. Dumke seconded, carried unanimously. Motion
Hilt, Nilsson and Penovich voting "yest1 and DeAngelis and Gaetzke
to adopt #177-84 As Amended carried 5-2 with Tomczyk, Dumke,
voting "no".
Municipal Code (Police Powers). On floor, deferred 8/20/84.
Ord.#498 - An Ordinance to Amend Chapter 1, Section 1.02 of the
Gaetzke moved to amend Section I to add after Police Officers
certified by the Muskego Police Chief". Nilsson seconded. Atty.
"except that carrying a firearm will not be permitted unless
Molter stated his opposition to the ordinance and recommended it
question. Nilsson seconded, motion defeated for lack of 213
not be passed. Discussion followed. Tomczyk called for the
majority, with Tomczyk, Gaetzke, Hilt and Nilsson voting "yes"
discussion, motion to amend carried 6-1 with Penovich casting
and DeAngelis, Dumke and Penovich voting "no" . After further
only "no" vote. Dude moved to amend amendment to add after
Police Officers "except the right to carry a gun". Gaetzke
seconded, motion carried with 6 "yes" and Tomczyk abstaining.
Motion to adopt Ord. #498 As Amended carried 5-2 with Tomczyk,
Dumke, Gaetzke, Hilt and Ni.lsson voting "yes" and DeAngelis and
Penovich voting llno'f.
Municipal Code (Traffic Code). Second reading by Clerk. Dude
Ord.#500 - An Ordinance to Amend Chapter 7, Section 7.055 of the
moved for adoption. Tomczyk seconded, carried unanimously.
Ord.#501 - An Ordinance to Amend Chapter 3, Section 3.05(3) of the Municipal Code (Budget) Second reading by Clerk. Dumke
moved for adoption. Tomczyk seconded, carried unanimously.
NEW BUSINESS
Reso.#178-84 - Authorizing Public Officials to Issue Non-Traffic
Citation in Accordance with Ordinance 316. Penovich moved for
adoption. DeAngelis seconded. Gaetzke moved to defer to obtain
opinion from Atty. Molter to determine if Fire Inspectors can be
classified as public officials for this purpose and to determine
liability insurance coverage. Tomczyk seconded, carried
unanimously. 0
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8/28/84 - Page
Reso.#l79-84 -
Penovich moved
Minutes
4
Acceptance of Quote (Tractor and Mowers).
for adoption. DeAngelis seconded, carried
unanimously.
Denial of Claim (S. Beckner). Penovich moved for
Reso.#181-84 - Settlement Proposal - Minnesota Title vs. City of
Muskego. Tomczyk moved for adoption. Nilsson seconded. At
suggestion of Atty. Molter, Tomczyk moved to amend to delete
question" in the second paragraph and "granting buildable lot "granting complete buildable lot status to the property in
status to that property at that time" in the last paragraph.
Hilt seconded, carried. Motion to adopt #181-84 As Amended
carried unanimously.
LICENSE APPROVAL - Tomczyk moved for approval of operators
Bruce Jacomet, Sandra Laux, Mark Youssi, Allen Spitzner, John
licenses for Grace Krawigroch, Edna Giesegh, Patrick Whiting,
Wolfgram and Cheryl Boruch. Penovich seconded, carried.
0 VOUCHER APPROVAL - Tomczyk moved for approval of payment of
General Vouchers in the amount of $426.260.76. Nilsson seconded.
carried unanimously.
Gaetzke moved for approval of payment of Sewer Utility Vouchers
in the amount of $24,329.62. DeAngelis seconded, carried
unanimously.
ADJOURNMENT TO CLOSED SESSION - Tomczyk moved, Gaetzke seconded
pea Session ursuant to State
Statutes 19.85(1) 7 g) and (e) and 19.85(1 P (c), repeating purpose
as announced at start of meeting. Carried unanimously.
ADJOURNMENT - At the conclusion of the Closed Session and after
motion to return to Open Session, Dumke moved to adjourn at 11:40
P.M. Nilsson seconded, carried.
.I
Respectfully submitted,
Charlotte L. Stewart
City Clerk