ccm19950725COMMON COUNCIL - CITY OF MUSKEGO MINUTES OF MEETING HELD JULY 25, 1995
The meeting was called to order at 7:43 P.M. by Mayor De
Angelis. Also present were Aldermen D'Acquisto, Misko,
Patterson, Rasmussen, Sanders, Suhr, City Clerk Jean Marenda, I and City Attorney Molter. Alderman Salentine was absent.
The Clerk reported that the meeting was noticed in accordance
with the Open Meeting Law.
D'Acquisto moved for approval of minutes of the 7/11/95 Common
Council meeting. Patterson seconded. The following corrections
were requested to be made: Under Reso. #142-95, page 1, vote on
motion to amend to remove road reconstruction costs should have
indicated Rasmussen voted "yes" along with Patterson, Salentine,
and Suhr and on page 2, remove "motion carried" following
"Seconded by Ald. D'Acquisto." Motion to approve minutes as
corrected carried.
Clerk read the Notice of Closed Session
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Mayor announced Aldermen D'Acquisto and Patterson as
appointments to Negotiating Committee.
Reso. #146-95 - Final Resolution Authorizing Installation of
Water Improvements and Levying of Special Assessments Against
Benefited Property (Racine Avenue and City Hall Watermain,
Project MW-19-95, Assessment District "WO"). On the floor,
deferred 7/11/95. Clerk read letters of opposition to the
project from David Jahnke, Brian Schneider, and Stephen Will who
financial hardships that need to be addressed. Mayor stated the
issue of hardship cases was being reviewed by Public Utilities
Committee. Molter stated the ramifications of such a policy
should carefully be reviewed and the City's financial advisor
without involving the other property owners. Mayor stated the
consulted. Suhr asked if City Hall properties could be serviced
project may not be able to be completed in that manner. The
project was not bid that way. D'Acquisto requested deferral
until next Public Utilities Committee. Patterson stated it has
been the City's policy not "to shove it down people's throats."
Sanders stated we are not trying to do that. It is needed. The
Clerk stated there is a major need for water for the City's
municipal buildings. The Mayor stated a good portion of the
project is being funded by the utility. This loop is needed and
development such as the proposed Senior Housing. D'Acquisto
should have been done previously. It is needed for future
stated the property owners that would "benefit" from this are
not in favor of it. He opposes burdening the affected
properties to provide service for potential development, City
Hall, and the loop for the utility. Patterson moved to amend to
D'Acquisto requested this go back to Public Utilities Committee
include only City's municipal buildings. Suhr seconded.
to see if the project is still viable. Molter agreed. If only
City is serviced, assessment resolution is not needed. Sanders
it are serviced. It is not cost effective. He objected to
learning that there is a hardship at this late date. Motion to
amend carried 5-1 with Sanders voting "no." Rasmussen stated a
wrote on behalf of Calvary Church. D'Acquisto stated there are
stated it does not benefit the utility if only those that want
Common Council Minutes
July 25, 1995
Page 2
meeting. D'Acquisto moved to defer action and send back to
hardship policy will not be able to be resolved in one utility
Public Utilities Committee. Suhr seconded. Sanders stated the
project may be dead. Rasmussen outlined the items that needed
to be addressed: how long is the bid good for, will the
contractor still complete the project if amended, how will this
affect the proposed senior housing development. Motion to defer
carried 5-1 with Sanders voting "no."
Reso. #147-95 - Award of Bid - Racine Avenue and City Hall
Watermain Project. On the floor, deferred 7/11/95. Suhr moved
to defer. Patterson seconded, carried.
Muskego from RS-2/0HS to B-4/0HS (Bohrer). On the floor,
Ord. #E70 - An Ordinance to Amend the Zoning Map of the City of
deferred 7/11/95. Misko moved to amend "B-4" to "B-2" per
recommendation of the Plan Commission. D'Acquisto seconded.
Carried 6-0. Ord. #870, as amended, adopted 6-0.
D'Acquisto moved to convene into Closed Session pursuant to
§19.85(l)(g) Conferring with legal counsel for the governmental
body who is rendering oral or written advice concerning strategy
to be adopted by the body with respect to litigation in which it
Claim and Claim from Thomas J. and Helen M. Ludwig. The Council
is or is likely to become involved, more specifically Notice of
will then reconvene into Open Session for continuation of agenda
Clerk were not present for Closed Session).
items. Misko seconded. Carried 6-0. (The Clerk and Deputy
The Council reconvened into Open Session.
Reso. #149-95 - Resolution Approving Settlement as to Claim of
Misko seconded. Carried 6-0.
Thomas J. and Helen M. Ludwig. D'Acquisto moved for adoption.
Reso..#151-95 - Approval of Certified Survey Map - Salentine.
Misko moved for approval. Sanders seconded. Carried 6-0.
Muskego from RS-3 to RSM/OPD/OIP (Woods Road and Racine Avenue - Ord. #872 - An Ordinance to Amend the Zoning Map of the City of
National Regency of New Berlin, Inc.). First Reading.
Molter stated all issues should be resolved prior to adopting
this rezoning ordinance. Mayor stated the Agreement in Lieu of
Taxes will be executed prior to passage.
Charter Ord. #14 - A Charter Ordinance Relating to Dispensing
with the Office of Comptroller and Treasurer and Relating to the
Muskego. First Reading. D'Acquisto stated he supports a
Term of the Office of the Clerk and Assessor for the City of
constituents oppose appointing the positions and extending
referendum at a special election. Patterson stated his
terms. Patterson supports referendum at the regular spring
his district did not really understand the issue. He opposes
election. Suhr supports referendum. Rasmussen stated people in
eliminated. He realizes there is a cost factor to holding a
referendum at Spring election to elect a position that could be
special election but that is what should be done. D'Acquisto
agreed. Misko does not favor changes. Do not take individuals'
Common Council Minutes
July 25, 1995
Page 3
referendum in Spring if need be. Rasmussen stated peoples'
rights away who want to run for these positions. Hold
opportunity to apply for the appointed positions if they are
rights are not being taken away. Individuals will have an
qualified. If positions are appointed, the City can establish
qualifications which are needed. This is a $10 million
operation. The City has been lucky; I would like to see a
guarantee. The Council needs to exercise its responsibility to
address this issue. Sanders supports appointed and agreed with
Rasmussen about the need for qualified individuals to handle the
responsibilities. There is too much responsibility to "learn on
the job." Molter stated the Charter Ordinance can be placed on
the ballot. If it passes, it's law. Molter cautioned having
separate ordinances on the ballot. Mayor supports approval by
with the appointed/elected issue later. Mayor also stated there
the Council to hire a finance director at this time and deal
is concern about the length of terms and staggering the terms of
office so that the key City officials are not all up for
election at the same time which is the case in 1996. Molter
to special election. Suhr stated we should move forward and not
stated that six unanimous votes were needed to send referendum
delay. He favors special election. Mayor took a poll. Four
members were in favor of the referendum at a special election
and two were in favor of the referendum at the next spring
election. No action was taken on Charter Ordinance #14. The
agenda. The Clerk stated that if the issue would go to
issue will be placed as a discussion item on the 8/8 Council
referendum this fall, the language would have to be created and
agreed to by the Council at the 8/8 meeting.
COMMITTEE REPORTS
Misko requested reading of minutes be suspended; no objections
were voiced.
D'Acquisto moved for acceptance of minutes of 7/19/95 and
7/25/95 Finance Committee Meetings. Sanders seconded, carried.
Suhr moved for acceptance of minutes of 7/12/95 Public Welfare
Committee Meeting. Patterson seconded, carried.
Misko moved for acceptance of minutes of 7/13/95 Public Safety
Committee Meeting. Rasmussen seconded, carried.
Sanders moved for acceptance of minutes of 7/20/95 Public
Utilities Committee Meeting. Rasmussen seconded, carried.
Minutes of 7/18/95 Plan Commission Meeting, 7/5/95 Library Board
Meeting, and 7/10/95 Parks & Recreation Board were received and
placed on file.
Reso. #117-95 - Award of Bid - Well NO. 7 (Muskego County Park).
On the floor, deferred 6/27/95, 7/11/95. Sanders moved to
defer. D'Acquisto seconded, carried.
0
0 Reso. #148-95 - Approval of Jurisdictional Transfer Agreement
between the Wisconsin Department of Transportation and the City
of Muskego. On the floor, deferred 7/11/95. Molter explained
the indemnification language proposed per his letter dated
Common Council Minutes
July 25, 1995
Page 4
7/12/95.' Sanders moved to amend to add Indemnification
paraqraph E. to Aqreement. Misko seconded. Carried 6-0
voting "no. 18
Resoiution #148-95, as amended, adopted 5-1 with D'Acquisto
Creek. Misko moved for adoption. D'Acquisto. Carried 6-0.
Reso. #150-95 - Disapproval of Preliminary Plat - Candlewood
Reso. #152-95 - Establishing Traffic Regulations. Misko moved
for adoption. Rasmussen seconded. Carried 6-0.
Reso. #153-95 - Amendment to Contract of Sale (Twin Oaks).
Removed from agenda.
Reso. #154-95 - Resolution to Establish Fees (Knox Boxes).
D'Acquisto moved for adoption. Sanders seconded. Carried 6-0.
Reso. #155-95 - Appointment of Members to Capital Budget
Committee. Removed from agenda.
Reso. #156-95 - Appointment of Citizen Member to Library Board
Carried 6-0.
(P. Martinez). D'Acquisto moved for adoption. Suhr seconded.
Reso. #157-95 - Authorize Execution of Professional Services
Agreement between the City of Muskego and Rust (Freedom Square
Design Project). Misko moved for adoption. D'Acquisto
seconded. D'Acquisto moved to amend to add Section 5.5 for both
Task 1 and Task 2: "Rust acknowledges that Client is a
municipal corporation and, therefore, is subject to statutory
requirements regarding the awarding of bids for public projects.
Rust shall be responsible for preparing all bidding documents,
contract documents, and related documents in conformity with
Wisconsin bidding laws and shall ensure that the bids are
awarded and contracts prepared pursuant to State Statutes
regarding public projects." Misko seconded, carried.
Reso. #157-95, as amended, adopted 6-0.
LICENSE APPROVAL
D'Acquisto moved for approval of Operator's Licenses for Eric " Wigdahl, Stacy Young, James Larson; and Michele Fountaine.
Misko seconded, carried.
D'Acquisto moved for approval of Outside Dance Permit for
Sharon Kollenbroich (The Last Chance) for 1/29/95 and 8/13/95.
Patterson seconded, carried,
D'Acquisto moved for approval of Salvage ti Recycling Permit for
John Glockner subject to quarterly review. Misko seconded,
carried.
D'Acquisto moved for approval of Class "A" Beer License for
Clark Oil and Kathryn Borchardt as agent of the corporation.
Sanders seconded. Carried 6-0.
D'Acquisto moved to deny Operator's License for Linda Kolander
due to two recent DWI arrests within a short period of time.
Sanders seconded. Carried 6-0.
Common Council Minutes
July 25, 1995
Page 5
D'Acquisto moved for approval of General Vouchers in the amount
of $300,681.10. Sanders seconded. Carried 6-0.
Sanders moved for approval of Utility Vouchers in the amount of
$1,711.49. Suhr seconded. Carried 6-0.
$626,159.90. Rasmussen seconded. Carried 6-0.
D'Acquisto spoke of the July 31 Blood Drive for Chris Povlich.
Rasmussen stated he is organizing a goal setting meeting for
August 21 and invited the aldermen to attend.
D'Acquisto 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 labor negotiation strategies. Action may
be taken in Closed Session. The Common Council will then
reconvene into Open Session for the purpose of adjournment.
Patterson seconded. Carried 6-0. (The Clerk and Deputy Clerk
were not present for Closed Session).
Patterson moved to adjourn at 11:36 PM. Rasmussen seconded,
carried.
Minutes taken and transcribed by Deputy Clerk, Jill Blenski.
D'Acquisto moved for approval of Tax Vouchers in the amount of
Sincerely, Fo7d JEAN K. MARENDA, CMC
City Clerk
VOUCHER TOTALS
GENERAL FUND:
BOARD CHECKS (regular)
VOIDED CHECKS
END OF MONTH
WIRE TRANSFER
TOTALS :
TAX CHECKS:
UTILITIES:
SEWER: e VOIDED CHECKS
BOARD CHECKS (regular)
END OF MONTH
WIRE TRANSFER
SINKING FUND
WATER:
BOARD CHECKS (regular)
VOIDED CHECKS
END OF MONTH
WIRE TRANSFER
0 TOTAL UTILITY VOUCHERS:
COUNCIL DATE ,?A;(&-