ccm19961126COMMON COUNCIL - CITY OF MUSKEGO
MINUTES OF MEETING HELD NOVEMBER 26, 1996
The meeting was called to order at 8:45 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, and Deputy Clerk Blenski, and Plan Director Matt Sadowski.
The Clerk-Treasurer reported that the meeting was noticed in
accordance with the Open Meeting Law on 11/22/96.
Reso. #252-96 - Recognition of 25 Years of Service
Grover L. Castine - Public Works and Public Utilities Departments.
D'Acquisto moved for adoption. Sanders seconded. Carried 7-0.
Approval of Minutes
Sanders moved for amroval of minutes of 11/12/96 meetina LL Rasmussen seconded. Assessor Laura Mecha appeared before the Council
to review land values as they relate to the proposed school site as
requested at the 11/12/96 meeting. Under Reso. #256-96 (CSM-Knudsen),
Salentine requested the words, "by landowner" be stricken at the end
of "Parcel 2 is not to be further divided until drainage study is
submitted." Motion to approve minutes as corrected carried.
The Clerk-Treasurer read the Notice of Closed Session.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Mayor wished everyone a Happy Thanksgiving.
Ord. #908 - An Ordinance to Amend Chapter 17 of the Zoning Ordinance
of the City of Muskego to Create Sections 8.01 (7) B. 12 and 8.11 (7
B. 1. f. Second Reading. Matt Sadowski presented information
requested by the Council at their previous meeting. D'Acquisto
stated that rather than coming out with a whole new ordinance, let's
review and revise what we have. Mayor asked which ordinance should be
reviewed. D'Acquisto discussed reviewing the current licensing
exemptions and the zoning ordinance in an effort to establish
consistency and determine what the original intent was. D'Acquisto
proposed ordinance to him. Salentine asked D'Acquisto why he accepted
stated Mr. De Back's attorney presented potential loopholes with the
the legal threats of Mr. De Back but lambasted Mr. Patch for doing the
were in trouble. She stated this is setting a precedent because the
same thing. The Plan Commission was led to believe that all farmers
City would change the ordinance for one person. D'Acquisto stated
Atty. Schober's correspondence did not contain threats. The
Clerk-Treasurer clarified the different types of licenses. Mayor
public hearing notice included a grandfather clause but was not
stated that the Plan Commission tabled. Salentine stated that the
included in the Plan resolution. D'Acquisto moved to table at this
time because the proposal has just as many problems as what we
currently have; let's craft something that will address the situation
totally and completely. Salentine seconded. Patterson asked who will
craft and suggested review by Public Services Committee. Rasmussen
stated this needs to be resolved. You need a goal; will the sale of
farm produce be allowed in residential areas or not. Both sides had
legitimate concerns; it is not fair for the citizens without some idea
of where this is going. The consensus of the Council was to send the
issue to the Public Services Committee. Attorney Molter offered the
carried. Matt Sadowski was dismissed.
language contained in his 11/14/96 letter for review. Motion to table
D'Acquisto moved to convene into Closed Session pursuant to
Common Council Minutes
November 26, 1996 Page 2
0
0
e
§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
Carried 7-0.
specifically 1996 labor negotiation strategies. Salentine seconded.
The Council reconvened into Open Session.
D'Acquisto moved to convene into Closed Session pursuant to
§19.85(1)(9) Conferring with legal counsel for the govenmental body
who is rendering oral or written advice concerning strategy to be
adopted by the body with respect to litigation in which it is or is
likely to become involved, more specifically dispute over sewer
Deliberating or negotiating the purchasing of public properties, the
connections with Town of Norway Sanitary District, and §19.85(l)(e)
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. Suhr
seconded. Carried 7-0 for each closed session.
The Council reconvened into Open Session.
Reso. #270-96 - Resolution to File Necessary Claim and Take Necessary
Legal Action as to Contract Dispute Over Sewer Connections with Town
of Norway Sanitary District. Sanders moved for adoption. Rasmussen
seconded. Sanders moved to amend to add, "WHEREAS, the Norway
Sanitary District has granted 35 connections for the use of the
Muskego-Norway School District only" and "BE IT FURTHER RESOLVED,
that the City may grant the 35 connections approved by the Norway
Sanitary District for use by the Muskego-Norway School District only
if the school district agrees to indemnify and hold harmless the City
for any claims growing out of this action in a form acceptable to the
Mayor in consultation with the City Attorney and BE IT FURTHER
RESOLVED that this action shall not be considered as the City
relinquishing any of its rights under the Norway Sanitary District
sewer contract as it relates to the allocation of capacity."
Patterson seconded. Mayor stated the action is contingent upon
indemnification of the City by the school district and the Public
Utilities Committee's allocation of the recs. Motion to amend carried
with 6 in favor and Pionek abstaining due to conflict of interest.
Reso. #270-96, as amended, adopted with 6 in favor and Pionek
abstaining. Patterson asked for privilege of the floor for a
representative of the School Board to address the indemnification
their consideration of the issue and stated that the board would have
issue. Mr. Olson, School Board President, thanked the Council for
Utilities Committee meeting is scheduled for 12/16/96.
to consult with its legal counsel. Mayor stated that the next Public
Municipal Code to Utilize Section 66.60(16), Wis. Stats. to Charge
Ord. #909-96 - An Ordinance to Amend Chapter 3 of the City of Muskego
Back Engineering, Attorney and Other Fees to Landowners Benefitting.
First Reading. Suhr noted that the Finance Committee requested a
policy be established to administer. Mayor stated he is drafting.
Attorney Molter was dismissed at 12:16 A.M. 1
COMMITTEE REPORTS
Common Council Minutes
November 26, 1996
Page 3
D'Acquisto moved for acceptance of minutes of the 11/20/96, as
corrected, and 11/26/96 Finance Committee Meetings. Sanders seconded,
carried.
Committee Meeting. Pionek seconded. D'Acquisto moved to defer.
Suhr moved for acceptance of minutes of the 11/14/96 Public Works
Motion to defer carried.
Pionek seconded. Mayor requested HEC-2 study be forwarded to DNR.
Utilities Committee Meeting. Salentine seconded. Salentine moved for
Sanders moved for acceptance of minutes of the 11/18/96 Public
connections/Schuler) and requested it be sent back to committee for
individual consideration of paragraph 2, page 4 (sewer
clarification. Rasmussen seconded. Motion to approve minutes without
said paragraph carried.
Minutes of the 11/19/96 Plan Commission Meeting and 11/11/96
Parks & Recreation Board Meeting were received and placed on file.
#237-96 - Award of Bid Well No. 7 Repair, Deferred 10/8/96.
Salentine moved to reject all bids as the City has determined to
proceed to redrill. Sanders seconded, carried. Reso. #237-96, as
amended, carried 7-0.
Ord. #907 - An Ordinance to Establish Salaries for Certain Elected
Officials. Second Reading. Suhr moved for adoption. Salentine
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 - 12/31/98. Suhr moved to reconsider. Rasmussen seconded, carried.
Suhr moved to amend to include increase in longevity pay which was
inadvertently omitted from the settlement agreement. Rasmussen
seconded, carried. 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 1/1/96 -
Motion carried. D'Acquisto moved to amend position title of "Mayor's
12/31/98. D'Acquisto moved to reconsider. Salentine seconded.
carried. Reso. #255-96, as amended, adopted 7-0.
Secretary" to "Administrative Assistant." Patterson seconded,
Reso. #278-96 - Authorize Execution of Health Insurance Contract for
stated that the City can offer Compcare Health Insurance which he
1997. D'Acquisto moved for adoption. Sanders seconded. Mayor
considers comparable at a savings for 1997 of $64,573. Discussion
CompCare which were not favorable. D'Acquisto stated the savings
took place regarding the change and the City's past experiences with
were worthy. Sanders moved to amend to contract with CompCare
($172.35 single and $448.11 family) for health insurance for 1997
carried. Reso. #278-96, as amended, carried 7-0.
contingent upon the labor unions approving. Rasmussen seconded,
the Government and Administration of the City of Muskego for the Year
Reso. #265-96 - Appropriating the Necessary Funds for the Operation of
1997. D'Acquisto moved to reconsider to amend the budget to reflect
Discussion took place about amending the budget to reduce
reduction in health insurance costs. Suhr seconded. Carried 7-0.
expenditures by the additional $64,573 savings for health insurance
Page 4 Common Council Minutes
November 26, 1996
and reflect the employee contributions for health insurance. It was
determined that the employee contributions would not be put into the
budget since funds will be needed for added tuition reimbursement.
The Clerk-Treasurer stated a reduction of $64,573 will result in a
budget of $11,750,192 with a tax levy of $4,231,468 which is 8.1%
higher than 1996 and would call for a tax rate of $4.75 per $1,000.
Mayor stated any amendment as it relates to this issue is contingent
upon the Unions' agreeing on change in insurance. Rasmussen called
for point of order stating only the line item relating to health
insurance can be changed as stated in the motion to reconsider and no
other figures can be amended. No support was received. Sanders
moved to reduce expenditures and tax levy by $64,573 contingent upon
the bargaining units approval of the change in health insurance.
Suhr seconded, carried. Reso. #265-96, as amended, adopted 6-1 with
Rasmussen voting "no. "
Reso. #266-96 - Approval of 1997 Capital Budget (Possible
Reconsideration). There was no motion to reconsider.
Muskego Police Department. D'Acquisto moved for adoption. Salentine
Reso. #251-96 - Recognition of 25 Years of Service James A. Budish -
seconded. Carried 7-0.
Reso. #269-96 - Recognition of 25 Years of Service Jerome W. Schmeling
seconded. Carried 7-0.
- Muskego Police Department. Suhr moved for adoption. Pionek
Works. D'Acquisto moved for adoption. Salentine seconded, carried.
Reso. #271-96 - Approval of Fee Schedule for Department of Public
Conley McDonald for Audit Service of General Fund and Sewer and Water
Reso. #272-96 - Approval of Agreement Between the City of Muskego and
Utilities for Year Ending 12/31/96. Suhr moved for adoption. Sanders
seconded, carried.
Reso. #273-96 - Approval of Certified Survey Map - De Back, Town Of
Norway. Salentine moved for adoption. D'Acquisto seconded, carried.
Reso. #274-96 - Rejection of Luterbach Offer to Sell Property in
Industrial Park Addition to the City of Muskego. Suhr moved for
adoption. D'Acquisto seconded, carried.
Reso. #275-96 - Rejection of Bid - Freedom Square Storm Sewer Reroute
Project. Salentine moved for adoption. Pionek seconded, carried.
Reso. #276-96 - Approval of 1997 Sewer Budget. Sanders moved for
adoption. Rasmussen seconded. Carried 7-0.
Reso. #277-96 - Acceptance of Improvements - MSI Development (Water).
Sanders moved for adoption. Salentine seconded, carried.
Reso. #279-96 - Acceptance of Quote for New Squad Cars. Suhr moved
for adoption. Sanders seconded, carried.
Reso. #280-96 - Resolution as to Elected Officials' Level of Benefit
for Participation in the Wisconsin Retirement System. D'Acquisto
moved for adoption. Suhr seconded. Suhr moved to amend to reflect
that City will contribute 12.6% in 1997 and fully fund in 1998.
Page 5 Common Council Minutes
November 26, 1996
D'Acquisto seconded, carried. Motion to adopt Reso. #280-96, as
amended, carried.
LICENSES
D'Acquisto moved for approval of Operators' Licenses for Mariann
Sankey, Linda Musch, Joshua Abbey and Karyn Lane. Salentine seconded,
carried. ,
VOUCHER APPROVAL
D'Acquisto moved for approval of General Vouchers in the amount of
$777,937.86. Sanders seconded. Carried 7-0.
Sanders moved for approval of Utility Vouchers in the amount of
$1,211,573.02. Rasmussen seconded. Carried 7-0.
CITY OFFICIALS' REPORTS
Clerk-Treasurer stated that the Public Hearing scheduled for 12/10
regarding amending the WCA district has been canceled at the request
of the developer.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Mavor stated that there will only be one Council meeting held in
December. Mayor requested a meeting of the Finance Director Personnel
Selection Committee be held in near future to interview candidates.
Rasmussen stated he was displeased with the inability to reduce the
City's tax rate and moved to adjourn at 1:20 AM. Patterson seconded,
carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
K. Marenda, CMC
rk-Treasurer
GENERAL FUND :
BOARD CHECKS (regular)
VOIDED CHECKS
END OF MONTH
WIRE TRANSFER
TOTALS :
TAX CHECKS:
VOUCHER TOTALS
UTILITIES:
SEWER:
BOARD CHECKS (regular)
VOIDED CHECKS
END OF MONTH
WIRE TRANSFER
SINKING FUND
WATER 8. .. -
VOIDED CHECKS
BOARD CHECKS (regular)
END OF MONTH
WIRE TRANSFER
TOTAL UTILITY VOUCHERS:
Y/3 179 47 CK# AMOUNT