COMMON COUNCIL Minutes 08-26-1997
1. COMMON COUNCIL - CITY OF MUSKEGO (Approved-9/9/97)
MINUTES OF MEETING HELD AUGUST 26, 1997
The meeting was called to order at 7:32 P.M. by Mayor De Angelis. Also present were
Aldermen D’Acquisto, Patterson, Pionek, Salentine, Slocomb and Woodard, City
Attorney Molter, Plan Director Sadowski, Clerk-Treasurer Marenda, and Deputy Clerk
Blenski. Alderman Sanders was absent.
The Clerk-Treasurer noted the meeting was noticed in accordance with the Open
Meeting Law.
Salentine moved for approval of minutes of 8/12/97. Slocomb seconded, carried.
Clerk-Treasurer read the Notice of Closed Session.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor commended the Community Festival Committee on another successful event.
COMMITTEE REPORTS
D’Acquisto moved for acceptance of the 8/20/97 and 8/26/97 Finance Committee
minutes. Salentine seconded, carried.
Slocomb moved for acceptance of the 8/18/97 Public Utilities Committee minutes and
requested paragraph 2, page 4 go back to committee for clarification. Woodard
seconded, carried.
Pionek moved for acceptance of the 8/21/97 Public Works Committee minutes.
Woodard seconded. Pionek moved for separate consideration of paragraph 1, page 2
to go back to committee for clarification. Woodard seconded, carried. Motion to
approve minutes carried.
Minutes of the 8/11/97 Parks and Recreation Board and 8/19/97 Plan Commission
meetings were received and placed on file.
Reso. #194-97 - Approval of Lease Agreement Between the City of Muskego and
Superior Emerald Park Landfill, Inc. for Police Department Firearms’ Facility. Lt. Daley
was present for this issue. D’Acquisto moved for adoption. Slocomb seconded.
Slocomb identified several concerns. He stated the site plan sketch referred to is not
attached. Regarding the legal description, Mayor noted that it was supplied by SEP,
reviewed by the City and corrections made. It needs to be reviewed by SEP. Slocomb
discussed the impact to the Mittelstaedt property. Sadowski stated the property was
properly zoned; however, a site plan needs to be submitted for the City to review in
more detail. Salentine moved to amend to incorporate amended lease with two
changes and allow Mayor to make any additional technical changes. D’Acquisto
seconded, carried. D’Acquisto moved to defer so Lt. Daley could obtain site plan.
Slocomb seconded, carried.
Ord. #944 - An Ordinance to Amend Chapter 17 of the Municipal Code of the City of
Muskego to Create Section 8.01(7)B. 13 (Permitted Accessory Uses-Hobby Kennels).
Second Reading. Salentine moved for adoption. Woodard seconded. Carried 6-0.
Ord. #921 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-2 to
RS-2/OD-Miller. D’Acquisto moved for reconsideration. Salentine seconded, carried.
Common Council Minutes Page 2
August 26, 1997
D’Acquisto moved to amend zoning to RS-2/OPD and add “and upon adoption of
Resolution #178-97, approving the certified survey map and developer’s agreement” to
the end of Section 3. Salentine seconded, carried. Ord. #921, as amended, adopted
6-0.
Ord. #936 - An Ordinance to Amend Chapter 17 of the Municipal Code of the City of
Muskego to Create Section 8.145 (B-P Business Park District), on the floor, deferred
8/12/97. Mr. Sadowski reviewed latest changes. D’Acquisto moved to amend to
incorporate revisions as on gray sheet. Slocomb seconded, carried. D’Acquisto moved
to amend F. 7. Noise to correct hour to 6:01 (from 7:01) p.m. contained in last line.
Slocomb seconded, carried. Pionek spoke in favor of sliding scale to determine
maximum floor ratio and moved to amend for parcels over 160,000 sq. ft. Slocomb
seconded. Slocomb expressed concern that the sliding scale could restrict the
marketability of the park. Patterson stated it should be a demand of all lots. Sadowski
stated the sliding scale may be viewed as punishing the owner of a larger parcel.
Motion defeated 5-1 with Pionek voting “yes.” D’Acquisto moved to amend to delete E.
4. Building Design as documents referenced do not exist or are in draft form. Patterson
seconded, carried. Ord. #936, as amended, adopted 6-0.
Reso. #194-97, on the floor, deferred. Upon review of the site plan, motion to adopt
resolution, as amended, carried 6-0.
Ord. #943 - An Ordinance to Amend Chapter 30 of the Municipal Code of the City of
Muskego to Repeal Section 30.51 and Create Chapter 33 (Residential Point of Sale
Code). Second Reading. Pionek moved for adoption. D’Acquisto seconded. Carried
6-0.
Reso. #191-97 - Resolution to Amend City Policy for Depositing and Investing City
Funds. D’Acquisto moved for adoption. Salentine seconded. Carried 6-0.
Reso. #192-97 - Amendment to Deposit and Forfeiture Schedule. D’Acquisto moved
for adoption. Salentine seconded. Carried 6-0.
Reso. #193-97 - Approval of Amended Conditions of Certified Survey Map - Ferrito.
Salentine moved for adoption. Woodard seconded. D’Acquisto moved to amend last
two paragraphs to read: “NOW, THEREFORE, BE IT RESOLVED, that the Common
Council of the City of Muskego, upon the recommendation of the Plan Commission,
does hereby conditionally approve an amended condition of Certified Survey Map for
Ferrito, No. 7960, that the 491 square foot garage structure be dismantled within 60
days and removed from the site within 120 days from the date of this approval. The
condition of said approval is that the Mayor and any other appropriate City Official
agree to approve and execute said amendment to Certified Survey Map No. 7960 upon
it being submitted and executed by all the owners of all of the parcels included in said
CSM and upon the Mayor being satisfied that adequate provision has been made for
the dismantling and removal from the site as referred to above within the time required.
Common Council Minutes Page 3
August 26, 1997
BE IT FURTHER RESOLVED that said amendment to the condition as to Certified
Survey Map No. 7960 be recorded with the Register of Deeds to amend the same
accordingly.” Woodard seconded, carried. Reso. #193-97, as amended, adopted 6-0.
Reso. #195-97 - Resolution to Establish Fees (Table #4). Salentine moved for
adoption. D’Acquisto seconded. Carried 6-0.
Reso. #196-97 - Rejection of Hoorman’s Offer to Sell Property - Muskego Industrial
Park. D’Acquisto moved for adoption. Salentine seconded. Carried 6-0.
Reso. #197-97 - Approval of Proposal and Contract Agreement Between the City of
Muskego and Dixon Engineering, Inc. (Water Tower Inspection). Woodard moved for
adoption. Slocomb seconded. D’Acquisto moved to amend Agreement for clarification
as to terms of payment and change State of Michigan to State of Wisconsin under
Dispute Resolution paragraph. Woodard seconded, carried. Reso. #197-97, as
amended, adopted 6-0.
Resolutions #198-97 and #199-97 removed from agenda.
Reso. #200-97 - Authorizing the Issuance of a Summons as to Complaint Regarding
the Liquor License of B. J. Macks, Inc. D’Acquisto moved for adoption. Salentine
seconded. D’Acquisto noted there will be a continuing effort to seek surrender of the
license and hearing could then be canceled. Salentine moved to hold hearing 9/23 at
6:30 p.m. prior to Finance. Pionek seconded, carried. Motion to adopt carried.
Reso. #201-97 - Approval of Temporary Use of Undesignated Fund Balance Purchase
of Land for Construction of Public Library. Patterson moved for adoption. Salentine
seconded. Carried 6-0.
Ord. #945 - An Ordinance to Amend Chapter 14, Section 1.5(2)(b) of the Municipal
Code of the City of Muskego (Floodplain Zoning Ordinance: Official Floodplain Map).
First Reading. It was noted Mr. Sadowski is working with Ruekert & Mielke regarding
Pufall property. Mayor stated he has discussed removal from floodplain with Mr. Holtz.
Ord. #946 -An Ordinance to Create Chapter 12.06 of the Municipal Code of the City of
Muskego (Taxicabs). First Reading. Molter stated he will review.
LICENSES
D’Acquisto moved for approval of Operators’ Licenses for Steve Grabowski, Katie
Brumner, Melissa Zimmer, Jessica Cramer, Martin Klicinski, Cynthia Alaniz, Lucia
Janke, Sharon Radler, Kristine Nimmer, Elizabeth Gerlach, Allan Kusch, Nicole
Dunaway, Kathleen Karcher and Paula Posbrig. Salentine seconded, carried.
D’Acquisto moved for approval of Amendment to Outside Premise Time Restriction for
“Class B” for Favre & Associates for 9/1/97 subject to all conditions outlined by the 8/20
Finance Committee. Salentine seconded. Carried 6-0.
Common Council Minutes Page 4
August 26, 1997
D’Acquisto moved for approval of “Class B” Fermented Malt Beverage/Intoxicating
Liquor license for Delta Family Restaurant Inc., J. Poulos, Agent. Salentine seconded.
Carried 6-0.
D’Acquisto moved to deny “Class B” Fermented Malt Beverage/Intoxicating Liquor
license for Brian Shanklin for reasons stated in the 8/20 Finance Committee minutes.
Salentine seconded. Carried 6-0.
D’Acquisto moved for approval of Outside Dance permit for 9/13/97. Salentine
seconded. Carried 6-0.
VOUCHER APPROVAL
D’Acquisto moved for approval of General Vouchers in the amount of $2,151,582.21.
Salentine seconded. Carried 6-0.
Slocomb moved for approval of Utility Vouchers in amount of $508,238.70. Woodard
seconded, carried 6-0.
CITY OFFICIALS’ REPORTS
Clerk-Treasurer reminded everyone that Capital Budget Committee will meet on 8/28 at
7:00 p.m. She stated that her certification regarding the petition requesting no rezoning
of certain land for business use for two years has been forwarded to Mr. Peterson. The
number of signatures has been determined to be sufficient; however, the form of the
ordinance is not. They have 10 days to resubmit in proper form.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Discussion took place regarding the citywide survey which will be finalized at the next
Council meeting.
D’Acquisto moved to convene into closed session pursuant to §19.85 (1)(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 is or
is likely to become involved, more specifically contract dispute with Gustafson
regarding Boxhorn, Ryan, Groveway Sewer Project. Salentine seconded. Carried 6-0.
The Clerk and Deputy were dismissed.
The Council reconvened into open session and D’Acquisto moved to adjourn at 9:25
p.m. Pionek seconded, carried.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer