ccm19961022COMMON COUNCIL - CITY OF MUSKEG0
MINUTES OF MEETING HELD OCTOBER 22, 1996
present were Aldermen D'Acquisto, Patterson, Pionek, Rasmussen,
The meeting was called to order at 9:56 P.M. by Mayor De Angelis. Also
Salentine, Sanders, and Suhr, Clerk-Treasurer Marenda, City Attorney 4 Molter, and Deputy Clerk Blenski.
The Clerk-Treasurer reported that the meeting was noticed in accordance
with the Open Meeting Law on 10/18/96.
Salentine moved for approval of minutes of 10/8/96 meeting. Suhr
seconded, carried.
The Clerk-Treasurer read the Notice of Closed Session.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Trick or Treat is Sunday, 10/27 from 1:00 to 4:OO P.M.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Pionek requested privileqe of the floor for Little Muskeqo Lake Assn.
President-Ken Friks. There was no objection. Mr. Fries-stated the
association did not want to jeopardize the Big Muskego Lake drawdown.
The past drawdowns of Little Muskego have been beneficial to the
properties. There is concern about shoreline damage with the water
level remaining at the OHWM. The DNR did state that a one foot
drawdown would be acceptable. The LML Association would pay for the
additional pumping that would be required. Mr. Fries suggested that
the additional water from LML might help detoxify the BML water so it
could be released earlier. Mayor stated that the DNR permit requires
the LML drawdown be done in a one-week period prior to November 1.
Patterson requested privilege of the floor for Jim Jackley of the DNR
water in the BML is still toxic and cannot be released, freeze out of problems or areas that would be affected: island construction, the
milfoil and sediments may not occur, the carp barrier is being built,
and the Muskego Wind Lake canal dredging project. D'Acquisto asked
about the potential for flooding if the LML elevation is not lowered.
Mr. Jackley stated he is not that familiar with the LML, however, L.
Nesta has told him that the dam has more than enough capabilities.
A special .meeting would have to be called. Patterson requested that
Mayor stated that the Council cannot take any action at this meeting.
the Council members be polled as to their opinion on the matter.
Patterson would support the one foot drawdown, Suhr and Sanders oppose,
Pionek stated his constituents want the drawdown, however, he does not
think it is fair to the BML people, D'Acquisto has concerns about the
effect to the BML projects; he recommends Mr. Fries and someone from
BML get together to see if something could be worked out, Salentine
stated it is too late to change the elevation now; L. Nesta stated that
the original LML permit was not to protect the shoreline but it was to
welfare when making decisions and BML has major projects going on, she
address flooding concerns, the Council has to consider everyone's
is not sure she can support a LML drawdown, Rasmussen is willing to
listen to options, he does not want to jeopardize the BML projects and
opposes unless something can be worked out. Patterson moved to explore
possibilities and hold special Council meeting on 10/24 at 7:OO P.M. if
something can be agreed upon. D'Acquisto seconded. D'Acquisto asked
for privilege of the floor for lake representatives to see if they are a willing and able to meet. There was no objection. Mr. Fries and Mr.
Pilak agreed. Sanders stated that the Council has heard from the
professionals who stated any water coming in to BML would be
to respond. There was no objection. Mr. Jackley summarized the
Common Council Minutes
October 22, 1996
Page 2
detrimental. The majority of the Council members have already stated
their concerns. Motion carried 7-0.
Patterson read letter written to all residents in the Fountainwood area '4 participation in Neighborhood Watch program.
from Chief Johnson regarding recent crime in the area and encouraged
Reso. #239-96 - Resolution to Amend the Overlay Planned Development of
the Meadow Green West Addition #2 Subdivision (Redelineation of Wetland
Boundaries). Salentine moved for adoption. Sanders seconded.
Salentine moved to amend to remove second last BE IT FURTHER RESOLVED
paragraph regarding the 100' preserve. Sanders seconded; motion
carried with Patterson voting "no." Reso. #239-96, as amended, adopted
6 to 1 with Patterson voting "no. 'I
Meadow Green Subdivision. Salentine moved for adoption. Pionek
Reso. #240-96 - Resolution to Amend the Overlay Planned Development of
seconded. Rasmussen and Patterson expressed concern about the existing
residence being given duplex status immediately. Patterson moved to
amend to add, "BE IT FURTHER RESOLVED that formal conversion of the
residence to a duplex take place prior to it being granted duplex
status." Rasmussen seconded. Sanders requested that any duplex or
conversion require Plan Commission review and approval. Patterson and
extra conditions. Motion carried 4-3. Reso. #240-96, as amended,
Rasmussen agreed to include in motion. Pionek stated he opposed the
adopted 6-1 with Suhr voting "no."
Reso. #247-96 - Approval of Developer's Agreement and Letter of Credit
for Boldt Development. Sanders moved for adoption. Suhr seconded.
Mayor stated the Finance Committee recommended approval with a few
changes subject to approval of City Attorney. The changes were to
Section I. D. and $5,000 will be placed in the Developer's Deposit to
cover engineering fees. Attorney Molter stated areas of concern
regarding easement language contained in Sections I. C. 3. and I. D.,
Section I1 regarding completion date of improvement and Section XIV.
THEREFORE, BE IT RESOLVED "subject to the approval of the Mayor in
regarding the 15-day notice. Molter recommended adding in the NOW,
consultation with the City Attorney as to technical changes and
specific changes to I. C. 3. and I. D. and Section I1 and also possibly
Patterson expressed concern regarding the five-year time limit for the
to the Section on Building and Occupancy permits." Rasmussen and
a separate account. D'Acquisto stated the five-year time period was
traffic light contribution and suggested the contribution be placed in
placed on Deer Creek to contribute to the proposed traffic light. It
Patterson moved to delete "If the traffic lights are not installed
is not fair to this developer to require something different.
within 5 years after the effective date hereof, Developer shall be
seconded. Suhr expressed concern. Motion failed 4 to 3. Suhr moved
forever relieved by this obligation" from Section I. A. Rasmussen
to amend to add language as stated by the City Attorney and to include
approval is subject to grading plans and drainage plans being approved
by the Public Works Committee. Rasmussen seconded, carried. Reso.
#247-96, as amended, carried 7-0.
Reso. #248-96 - Amendment to Offer to Purchase - Thiesenhusen. 0 Patterson moved for adoption. Rasmussen seconded. Carried 7-0.
Attorney Molter was dismissed at 11:31 P.M.
COMMITTEE REPORTS
Common Council Minutes
October 22, 1996 Page 3
Suhr moved for acceptance of the minutes of the 10/10/96 and 10/17/96
Committee of the Whole Meetings. Sanders seconded, carried.
Patterson moved for acceptance of the 10/7/96 Public Services Committee
Meeting. Rasmussen seconded, carried.
D'Acquisto moved for acceptance of the 10/16/96 and 10/22/96 Finance
Committee Meetings. Suhr seconded, carried.
Minutes of the 10/15/96 Plan Commission Meeting, 9/23/96 Library Board
Meeting and 10/14/96 Parks & Recreation Board Meeting were received and
placed on file.
Reso. #241-96 - Approval of the Agreement between the City of Muskego
and Muskego Woman's Club for Use of Facilities. D'Acquisto moved for
adoption. Rasmussen seconded. Carried 7-0.
Reso. #244-96 - Approval of Agreement between the City of Muskego and
Wisconsin Department of Agriculture (Weights and Measures). D'Acquisto
moved for adoption. Suhr seconded. Carried 7-0.
Waukesha County (Computer Assisted Mass Appraisal and Tax Billing).
Reso. #245-96 - Approval of Agreement between the City of Muskego and
Sanders moved for adoption. Rasmussen seconded. Carried 7-0.
Reso. #246-96 - Authorizing Cancellation of Certain Uncollectible
Accounts Receivable. Suhr moved for adoption. D'Acquisto seconded.
Carried 7-0.
Reso. #249-96 - Approval of Certified Survey Map - DeBack, Town of
Norway. Salentine moved for adoption. Sanders seconded. Carried 7-0.
D'Acquisto moved to convene into Closed Session pursuant to
performance evaluation data of any public employe over which the
$19.85(1)(c) Considering employment, promotion, compensation or
governmental body has jurisdiction or exercises responsibility, more
specifically 1996 labor negotiation strategies. Salentine seconded.
Carried 7-0.
The Council then reconvened into Open Session.
Reso. #228-96 - Authorize Execution of the 1996 - 1998 Labor Agreement
Between Local 2414 AFSCME and the City of Muskego Telecommunicators
Unit (Possible Reconsideration). D'Acquisto moved to reconsider.
Patterson seconded, carried. Patterson moved to amend to insert in
second paragraph "including the Letter of Understanding dated October
22, 1996 and language changes attached". D'Acquisto seconded, carried.
Reso. #228-96 As Amended adopted 7-0.
Reso. #242-96 - A Resolution of Inclusion Under the Wisconsin
Retirement System. D'Acquisto moved for adoption. Suhr seconded,
carried 7-0.
Reso. #243-96 - Freeze of Benefit Accruals and Termination of City of
Rasmussen seconded, carried 7-0.
Reso. #250-96 - Authorize Execution of the Labor Agreement between the
Public Works and Utilities Departments and the City of Muskego 1/1/96 -
Muskego Pension Plan and Trust. D'Acquisto moved for adoption.
Page 4 Common Council Minutes
October 22, 1996
D'Acquisto moved to amend to include changes as presented. Patterson
12/31/98. D'Acquisto moved for adoption. Patterson seconded.
seconded, carried. Reso. #250-96 As Amended adopted 7-0.
D'Acquisto moved for approval of Operators' Licenses for Donna Lentz,
Carrie Kowalski, Angela Lunetta, and a 60-day provisional for Randall
Martens. Suhr seconded, carried.
D'Acquisto moved for approval of "Class B" Liquor/Beer License for
Denoon Saloon Corp., Jerome Stenstrup, Agent. Suhr seconded. Carried
7-0.
D'Acquisto moved for approval of General Vouchers in the amount of
$1,133,014.71. Suhr seconded. Carried 7-0.
Sanders moved for approval of Utility Vouchers in the amount of
$792,445. Rasmussen seconded. Carried 7-0.
Mayor announced that the joint Council/School Board meeting originally
scheduled for 10/29/96 had been changed to 11/14/96 at 8:00 P.M.
Rasmussen requested the Assessor provide the assessed value of property
proposed to be purchased for the 11/14 meeting. D'Acquisto requested
guidance from Atty. Molter as to sewer REC allocation.
Rasmussen asked for a determination if Sealer of Weights and Measures
charges to City can be passed on to the business involved.
Rasmussen asked the Mayor to discuss at his Waukesha County Executives
meeting the possibility of an Information Systems floater position to
be shared by the municipalities.
Salentine moved to adjourn at 12:25 AM, Sanders seconded, carried.
(Minutes taken and transcribed by Jill Blenski).
Respectfully submitted,
VOUCHER TOTALS
GENERAL FUND:
BOARD CHECKS (regular)
VOIDED CHECKS
END OF MONTH
WIRE TRANSFER
TOTALS :
TAX CHECKS:
UTILITIES:
SEWER:
e BOARD CHECKS (regular)
VOIDED CHECKS
END OF MONTH
WIRE TRANSFER
SINKING FUND
COUNCIL DATE /#?A
WATER :
VOIDED CHECKS
BOARD CHECKS (regular) d?,J 7.5- J/
CK# AMOUNT
END OF MONTH
WIRE TRANSFER
TOTAL UTILITY VOUCHERS: