ccm19961112COMMON COUNCIL - CITY OF MUSKEGO (Approved as corrected 11/26/96)
MINUTES OF MEETING HELD NOVEMBER 12, 1996
The meeting was called to order at 9:37 P.M. by Mayor De Angelis.
Also present were Aldermen D'Acquisto, Patterson, Pionek, Rasmussen,
Salentine, Sanders, and Suhr, Clerk-Treasurer Marenda, City Attorney
Molter, Building Director Chuck Dykstra, Sr. and Deputy Clerk
Blenski.
The Clerk-Treasurer reported that the meeting was noticed in
accordance with the Open Meeting Law on 11/8/96 and 11/11/96.
Suhr moved for approval of minutes of 10/22/96 meeting. D'Acquisto
seconded, carried.
The Clerk-Treasurer read the Notice of Closed Session.
Reso. #251-96 - Recognition of 25 Years of Service - James A. Budish
Muskego Police Department Employee. Removed from agenda.
Reso. #252-96 - Recognition of 25 Years of Service - Grover L.
Castine Public Works and Public Utilities Departments Employee.
Removed from agenda.
Reso. #253-96 - Honoring Muskego AFS-USA Student (Nicholas
Manriquez). D'Acquisto moved for adoption. Suhr seconded. Carried
7-0.
Reso. #254-96 - Change in Assignment of Developer's Agreement from
moved for adoption. Suhr seconded. D'Acquisto moved to correct the
Boldt Development to St. Luke's Medical Center, Inc. D'Acquisto
word "assigned" in the second last paragraph to read "Assignment"
document. Suhr carried. Reso. #254-96, as amended, adopted 7-0.
D'Acquisto 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 1996 labor negotiation strategies. Patterson seconded.
Carried 7-0.
The Clerk, Deputy Clerk and City Attorney were not present for Closed
Session. The Council then reconvened into Open Session
Reso. #257-96 - Relocation Order of the City of Muskego, Waukesha,
County, Wisconsin (Durham Drive Lift Station/Hi View-Holz Project).
Salentine moved for adoption. Sanders seconded. Carried 7-0.
Reso. #260-96 - Resolution to Adopt Engineer's Revised Report on
Water Capacity Assessments for the City of Muskego. Sanders moved
for adoption. Rasmussen seconded. Carried 7-0.
Reso. #264-96 - Determination of Substantial Change to Original Lake
adoption. Suhr seconded. D'Acquisto requested support as his
Forest OPD (Overlook Bay Development Plan). Salentine moved for
constituents have concerns regarding the proposed change. Carried
I
I
0 7-0.
Ord. #908 - An Ordinance to Amend Chapter 17 of the Zoning Ordinance
of the City of Muskego to Create Sections 8.01 (7) E. 12 and 8.11 (7)
B. 1. f. First Reading. There was discussion about the issue and
the comments made at the Public Hearing. Attorney Molter stated it
Common Council Minutes
November 12, 1996
Page 2
The proposed ordinance could say grown by the occupant in conjuction
is a zoning issue even though licensing exemptions were discussed.
with farm operation on this site or on a site adjacent thereto. It
cannot grandfather people into zoning. Mayor stated that it was
is possible this (Mr. DeBack's) is a legal, nonconforming use. You
deemed by the Plan Department that a violation occurred and the Plan
Commission determined that the ordinance should be amended. Suhr
requested definition of terms used in the ordinance. D'Acquisto
asked if alternative language could be drafted by City Attorney if
usage of area has not changed. He asked what other situations will
result; will a precedent be set? Rasmussen stated changes should be
done for pressing reasons. Chuck Dykstra stated that Mrs. DeBack
indicated they have been selling for four years. Further research
could be done to determine time element of past use of the property.
The City Attorney was dismissed at 11:35 P.M.
COMMITTEE REPORTS
D'Acquisto moved for acceptance of minutes of the 11/6/96 and
11/12/96 Finance Committee Meetings. Suhr seconded, carried.
Sanders moved for acceptance of minutes of the 10/21/96
Public Utilities Committee Meeting. Salentine seconded, carried.
D'Acquisto moved for acceptance of the minutes of the 10/28/96 Public
Works Committee Meeting. Pionek seconded, carried.
Patterson moved for acceptance of the 11/4/96 Public Services
Committee Meeting. Patterson moved for separate consideration of
paragraph regarding Fireworks Permit Ordinance and requested
without said paragraph seconded by Rasmussen; motion carried.
clarification at next committee agenda. Motion to accept minutes
Minutes of the 11/5/96 Plan Commission Meeting and 10/23/96 Library
Board Meeting were received and placed on file.
Reso. #250-96 - Authorize Execution of the Labor Agreement between
the Public Works and Utilities Departments and the City of Muskego
1/1/96 - 12/31/98. Possible Reconsideration. D'Acquisto moved for
reconsideration. Rasmussen seconded, carried. Suhr moved to amend
to replace underlined language in Article IV, Retirement Program,
with "If any increase in the cost is necessary, the City will pick up
that share or if a decrease, they shall receive the benefit of that
action." Sanders seconded, carried. D'Acquisto moved to further
amend Article IV to indicate City agrees to contribute 9.7% for 1997
and 11.4% for 1998. Pionek seconded. Carried 7-0. Reso. #250-96,
as amended, adopted 7-0.
Reso. #255-96 - Approval of Amendment to Personnel Code for
Management and Other Nonrepresented Employees of the City of Muskego
D'Acquisto moved to amend Article IV, Retirement Program, to include
1/1/96 - 12/31/98. Patterson moved for adoption. Sanders seconded.
same language and contribution as contained in the Public Works and
moved to amend to include additional language changes as per the
Utilities Departments Agreement. Sanders seconded, carried. Sanders
handout. Pionek seconded, carried. D'Acquisto moved to amend title
of Mayor's secretary to Administrative Assistant and salary range to
be equal to that of the Deputy Clerk. Salentine seconded. Rasmussen
and Patterson objected to the amendment being proposed this late in
Common Council Minutes
November 12, 1996
Page 3
the budget process. Patterson asked why this was not presented
during the budget review. D'Acquisto stated he was informed the
amendment had to be presented when the Personnel Code was being
by D'Acquisto. Salentine agreed. Patterson moved to defer. Sanders
reviewed and brought to the Council for adoption. Motion withdrawn
to defer defeated 4-3 with D'Acquisto, Pionek, Salentine, and Suhr
seconded. D'Acquisto stated this should be voted on tonight. Motion
voting "no." Reso. #255-96, as amended, adopted 7-0.
Reso. #256-96 - Approval of Certified Survey Map - Knudsen.
Salentine moved for adoption. Patterson seconded. Salentine moved
to amend to add note to read, "Parcel 2 is not to be further divided
until drainage study is submitted by landowner." Patterson
seconded. There was discussion regarding Mr. Knudsen's
responsibility to submit the drainage study. Salentine and Patterson
Motion carried. Reso. #256-96, as amended, carried. agreed to remove that the landowner submit the drainage study.
Reso. #258-96 - Approval of Agreement with Waukesha County Department
of Aging for Nutrition Program. Suhr moved for adoption. Sanders
seconded, carried.
Reso. #259-96 - Approval of Carriers for the City's Insurance for
1997. Sanders moved for adoption. Suhr seconded, carried.
Reso. #261-96 - Resolution to Designate Hours for Annual Meeting of
the Board of Review. Salentine moved for adoption. Rasmussen
seconded, carried.
Reso. #262-96 - Resolution to Establish Undesirable Weed List.
D'Acquisto voting "no."
Patterson moved for adoption. Pionek seconded, carried 6-1 with
Muskego Police Department. Removed as the position is now in the
Reso. #263-96 - Approve Position of Administrative Assistant for
Personnel Code.
The Deputy Clerk was dismissed at 12:40 AM.
Reso. #265-96 - Appropriating the Necessary Funds for the Operation
of the Government and Aministration of the City of Muskego for the
Year 1997. Prior to any motions, Rasmussen spoke about
misrepresentations in recent newspaper articles. Also expressed
concerns about comments made at budget reviews he felt were totally
inappropriate. There are a lot of pieces yet to come together. He
stated he would not be a rubber stamp. He believed the Council in
setting their goals determined how to allocate the money. Rasmussen
moved for adoption of Reso. #265-96. Sanders seconded. Rasmussen
moved to postpone this matter until the Finance Committee meeting on
11/20/96 at 7:OO PM. Patterson seconded. Rasmussen changed motion,
with permission of second, to call for a Committee of Whole meeting
to reconsider budget and bring levy down to what was agreed to by
this Council. D'Acquisto stated he was prepared to vote on the
budget tonight. If there is something specific we haven't gone over,
we can discuss. After the last Comm. of Whole meeting, we agreed to
go to Council with the budget as amended that night. Motion to
postpone failed 2-5 with Rasmussen and Patterson voting "yes".
Page 4 Common Council Minutes
November 12, 1996
D'Acquisto moved, Sanders seconded, to reduce Revenue Acct.
$18,925 and not increase Class A and B Liquor License Fees by $100 in
100.0042.0741, Liquor & Fermented Beverage License Fees by $4,900 to
1997. Patterson felt the increase wasn't a large increase.
D'Acquisto spoke in favor of motion. Rasmussen stated the increase
was proposed to cover the cost of administering the license and to
keep taxes down. Motion carried 5-2, with Rasmussen and Patterson
voting "no".
Patterson moved to reduce Expenditure Acct. 100.8400.3219, Cable TV
Club, by $1,040 to $7,500 and eliminate the $20 stipend for cable
operators. Suhr seconded, carried 4-3, with Patterson, Pionek,
Rasmussen and Suhr voting "yes", and D'Acquisto, Salentine and
Sanders voting "no".
Pionek moved, D'Acquisto seconded, to increase Revenue Acct.
100.0042.0765, Fireworks, by $700 to $1,000, increasing the permit
fee from $10 to $25.00. Patterson reviewed concerns of Public
Services Committee as to insurance limits. Motion carried 5-2 with
Patterson and Salentine voting "no".
Patterson moved to eliminate $1,025 Capital Outlay Revenue from
Transfer from Library Trust Fund and reduce Capital Outlay
Expenditures by $1,025, eliminating the Library Receipt Printer.
D'Acquisto seconded, motion carried.
Rasmussen moved to increase Library Overtime Acct. 100.7100.1101 by
$2,544 and reduce Print Materials 100.7100.3213 by $2,544. Patterson
seconded, carried 6-1 with D'Acquisto voting "no".
Patterson questioned the moving of $312,000 Road Improvements, $40,000
Rural and Urban Drainage and $81,200 Truck from Capital Budget into
Operating Budget all in one year. He suggested spreading out over two
or three year period. D'Acquisto felt the advice has been from
financial advisors to move annual expenses into operating budget.
Capital, and $45,132 Reimbursement from TIF, now proposed to partially
Rasmussen moved to increase revenue by $32,400 Surplus Applied for
action, with previous actions tonight, would result in approximately
fund the Capital Budget. Patterson seconded. It was noted this
an 84 decrease in tax rate. D'Acquisto called for the question. No
objection. Motion failed 2-5 with Patterson and Rasmussen voting
"yes" .
Patterson moved to move the Highway Truck for $81,200 from the
Operating budget to the Capital budget. Rasmussen seconded. Motion
failed 2-5 with Patterson and Rasmussen voting "yes".
D'Acquisto called for the question on the motion to adopt resolution
#265-96. Rasmussen objected. Roll call vote 5-2 in favor of calling
the question with Patterson and Rasmussen voting "no". Resolution
#265-96 adopted 5-2 with Patterson and Rasmussen voting "no".
Reso. #266-96 - Approval of 1997 Capital Budget. D'Acquisto moved
delete Library Trust Fund funding in amount of $1,025 for Library
for adoption. Sanders seconded. Suhr moved, Salentine seconded, to
receipt printer, and to delete expense. Carried. Rasmussen stated
debate. The tax rate adopted was unconscionable. Don't believe
there was no point to try to further discuss without allowing
Page 5 Common Council Minutes
November 12, 1996
we've done a good service to this community. We've not taken the
tough line on this budget. Suhr took exception, stating he was not
happy with the levy increase. However, I don't feel we've ramrodded
this through as Rasmussen indicated. We certainly didn't rubber stamp
this. We've discussed this at length at Committee of the Whole. We
have searched for areas to cut. D'Acquisto said we have a 5%
reduction in state shared revenues, and a 3.5% wage increase, plus
benefits, plus buying into the Wisconsin Retirement System. Health
insurance still increased 8%. The goal set might not be achievable.
The operating budget has been gone over with a fine tooth comb. The
objectives were good, but sometimes intervening circumstances
presented this evening are different from what we've gone through at
interfere with attaining the goals. I don't believe the alternatives
Committee of the Whole meetings.
Patterson moved to delete the Voice Stress Analyzer. Motion died for
lack of a second.
Rasmussen stated discussion was cut off on the budget even after
making a statement that we would stay here all night. So there's no
point in discussing Capital Budget. My constituents have instructed
me to speak against the budget as proposed. Rasmussen called for the
question on adoption of Reso. #266-96. D'Acquisto objected. Vote was
Amended was adopted 5-2, with Patterson and Rasmussen voting "no".
7-0 in favor of the question being called. Resolution #266-96 As
Reso. #267-96 - Approval of 1997 Water Utility Budget. Sanders moved
for adoption. Rasmussen seconded. Sanders moved to increase the
redrilling of Well #7 from $225,000 to 277,000 to add connection of
the well to the main. Salentine seconded, motion carried. Resolution
#267-96 As Amended adopted 7-0.
Reso. #268-96 -Resolution as to Exclusion of Part-Time Elected
Officials in the Wisconsin Retirement System. D'Acquisto moved for
adoption. Salentine seconded. Mayor noted this is a discretionary
call on the part of the municipality. Motion carried 7-0.
Ord. #907 - An Ordinance to Establish Salaries for Certain Elected
Officials. First Reading.
D'Acquisto moved for approval of Operators' Licenses for Jennifer
Theresa Moore (with 3, 6, 9 month review). Suhr seconded, carried.
Zak, Todd Duellman, Kami Kluss, Ronald Kusters, Nicolan Reyes
VOUCHER APPROVAL
D'Acquisto moved for approval of General Vouchers in the amount of
$570,905.71. Sanders seconded. Carried 7-0.
Sanders moved for approval of Utility Vouchers in the amount of
$386,301.01. seconded. Carried 7-0.
CITY OFFICIALS' REPORTS
Clerk-Treasurer announced a Dublic hearinu would be held on 11/26 at
amend Lake Forest OPD.
7:25 P.M. to consider petition of Heartland Development Group LTD to
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
The Joint School Board/Common Council Meeting was scheduled for
Common Council Minutes
November 12, 1996
Page 6
meeting to review land values. The Parkland Mall discussion will
12/5/96 at 8:OO PM. The Assessor will be present at the next Council
take place in closed session due to pending litigation. Mayor
advised he had received a request from the Post Office for a
statement that the old Sentry store was a good location for the Post
Office relocation. A Committee of the Whole meeting will be set for
the first week in January to continue review of DMG Personnel Study.
A Preserve Muskego meeting has been set for 12/12/96 at 7:OO PM. An
update on the Lannon Drive construction was presented.
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
Mall. Salentine seconded. Carried 7-0. require a closed session, more specifically acquisition of Parkland
The Clerk-Treasurer was dismissed and not present for Closed Session.
D'Acquisto moved to adjourn at 3:30 A.M. Pionek seconded, carried.
(Minutes taken and transcribed by J. Blenski & J. Marenda)
Respectfully submitted,
. Marenda, CMC
erk-Treasurer
VOUCHER TOTALS
GENERAL FUND:
BOARD CHECKS (re4ularl
VOIDED CHECKS .~
END OF MONTH
WIRE TRANSFER
TOTALS :
TAX CHECKS:
UTILITIES:
SEWER:
BOARD CHECKS (regular)
VOIDED CHECKS
END OF MONTH
WIRE TRANSFER
SINKING FUND
WATER :
BOARD CHECKS (regular)
VOIDED CHECKS ~-
END OF MONTH
WIRE TRANSFER
TOTAL UTILITY VOUCHERS:
COUNCIL DATE ///i-qb
L24Luud - CK# AMOUNT
/L 7 273- 7 7