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CM011398 COMMON COUNCIL - CITY OF MUSKEGO (Approved 1/27/98) MINUTES OF MEETING HELD JANUARY 13, 1998 The meeting was called to order at 8:03 p.m. by Mayor De Angelis. Also present were Aldermen D’Acquisto (left the meeting at 8:10 p.m. and returned at 10:00 p.m.), Patterson, Pionek, Salentine, Sanders, Slocomb, Woodard, City Attorney Molter, Finance Director Gunderson, Clerk-Treasurer Marenda, and Deputy Clerk Blenski The Clerk-Treasurer stated the meeting was noticed in accordance with the Open Meeting Law on 1/9/98. D’Acquisto moved for approval of minutes of 12/9/97 and 12/18/97. Sanders seconded, carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor presented an update on proposed state legislation to amend the new $10,000 fee for reserved “Class B” liquor licenses. He stated he received correspondence from the Teamsters Local Union that there is potential for a strike against BFI. PERSONAL APPEARANCES Mr. Don Vilione of Conley, McDonald presented a summary of the City’s 1996 TIF reports. Ald. D’Acquisto left the meeting. COMMITTEE REPORTS The minutes of the 12/18/97 Joint Committee of the Whole/Library Board/Library Building Committee meeting were received. Sanders moved for acceptance of the minutes of the 12/15/97 Public Utilities Committee meeting. Woodard seconded, carried. Patterson moved for acceptance of the minutes of the 1/5/98 Public Services Committee meeting. Pionek seconded, carried. Sanders moved for acceptance of the minutes of the 1/7/98 and 1/13/98 Finance Committee meetings. Salentine seconded, carried. Minutes of the 11/19/97 and 12/18/97 Library Board, 12/8/97 Parks & Recreation Board and 12/16/97 and 1/6/98 Plan Commission meetings were received and placed on file. OLD BUSINESS Reso. #250-97 - Approval of Certified Survey Map - Graves and Reso. #251-97 - Approval of Certified Survey Map -Graves, on the floor, deferred 11/25/97. The Clerk- Treasurer noted an extension was received. Salentine moved to defer until they are ready to come back to Council. Pionek seconded, carried. Ord. #953 - An Ordinance to Amend Chapter 20, Section 20.03(3) of the Municipal Code of the City of Muskego - Water Skiing. Second Reading. Patterson moved for adoption. Pionek seconded. Patterson moved to defer until receipt of DNR review. Pionek seconded, carried. NEW BUSINESS Common Council Minutes Page 2 January 13, 1998 Reso. #1-98 - Authorize Distribution of Tax Incremental Districts #4 and #6 Funds. Sanders moved for adoption. Salentine seconded. Carried 6-0. Reso. #2-98 - Establishing Traffic Regulations. Patterson moved for adoption. Pionek seconded. Carried 6-0. Reso. #3-98 - Approval of Certified Survey Map - Bushberger/Kurer. Salentine moved for adoption. Patterson seconded. Carried 6-0. Reso. #4-98 - Approval of Agreement between the City of Muskego and Durrant Architects, Inc. for Library. Salentine moved for adoption. Sanders seconded. Sanders moved to defer to next meeting as agreement has not yet been revised. Salentine seconded, carried. Reso. #5-98 - Acceptance of Quote for Forced Well Abandonment and Hookup. Sanders moved for adoption. Slocomb seconded. Carried 6-0. Reso. #6-98 - Amendment to the City of Muskego Personnel Code for Management and Other Nonrepresented Personnel for 1/1/96 to 12/31/98. Salentine moved for adoption. Sanders seconded. Patterson noted a letter was received from Chief Johnson requesting this issue be deferred and sent back to the Finance Committee for further discussion. Dawn Gunderson recommended the Council honor the Chief’s request. Patterson moved to defer. Sanders seconded. Motion carried by a voice vote with Salentine and Pionek voting “no.” Reso. #7-98 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under §66.60 WI Statutes as to Sanitary Sewer Assessment Area for North Cape Road/Schaeffer Drive Sewer Project (Project MSS-1-98), Assessment District “SQ.” Slocomb moved for adoption. Sanders seconded. Carried 6-0. Reso. #8-98 - Disallowance of Claim - Hegler. Salentine moved for adoption. Sanders seconded. The Clerk presented some facts about the accident and subsequent claims. A claim submitted by Mrs. Hegler was denied by the insurance company earlier. The insurance company is recommending that the City disallow the claim that has now been filed by Mr. Hegler. Discussion took place and the Clerk suggested a presentation by the insurance company to review how claims submitted are reviewed. Attorney Molter suggested that recommendations received from the City’s insurance carrier be considered carefully. Motion carried 5-1 with Pionek casting the “no” vote. Reso. #9-98 - Designating 1997 Unexpended Capital Project Funds to be Carried Over into 1998. Sanders moved for adoption. Slocomb seconded. Carried 6-0. Reso. #11-98 - Resolution Authorizing Ehlers and Associates, Inc. to Solicit Competitive Proposals for Not to Exceed $2,300,000 General Obligation Promissory Notes of the City of Muskego. Salentine moved for adoption. Sanders seconded. Dave Anderson of Ehlers appeared before the Council to present information on the Common Council Minutes Page 3 January 13, 1998 upcoming financing for the library, capital and water projects noting at the next Council meeting the City would act on the sale . Carried 6-0. Reso. #12-98 - Resolution Authorizing Ehlers and Associates, Inc. to Solicit Competitive Proposals for Not to Exceed $1,100,000 Sewer Revenue Bonds of the City of Muskego. Sanders moved for adoption. Slocomb seconded. Mr. Anderson was also present for this item. Carried 6-0. Sanders 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 Metro East Landfill Expansion. Slocomb seconded. Carried 6-0. The Deputy Clerk was dismissed from the meeting. The Clerk-Treasurer was not present for the closed session. The Council reconvened into open session. Reso. #10-98 - Resolution as to Metro Landfill. Patterson moved for adoption. Slocomb seconded. Carried 6-0. Ord. #954 - An Ordinance to Amend Chapter 8, Section 8.01(1) of the Municipal Code of the City of Muskego (Street Widths). First Reading. Slocomb requested Matt provide him with a copy of the map. Ord. #955 - An Ordinance Establishing Salaries for Certain Elected Officials. First Reading. Mayor advised this relates to going from “annual” to “biweekly” salaries for future terms. LICENSES Salentine moved for approval of Operators’ Licenses for Dave Halula and Shannon Ehredt. Sanders seconded, carried. Salentine moved for approval of Outside Dance Permit for Broke Spoke for 1/25 to allow live band until 4:45 PM and TV’s until 10:00 PM. Woodard seconded. Sanders expressed concern about acting on request so quickly, not allowing enough time for neighbors to react due to previous complaints. Patterson moved to amend motion to require TV’s be turned off ½ hour after completion of the Super Bowl game, and require snow fence or other protection around parking lot to protect property to east. D’Acquisto returned at 10:04 PM. Motion to amend carried 5-1 with Salentine voting no and D’Acquisto abstaining due to absence during debate. Motion as amended carried 6-1 with Sanders voting no. VOUCHER APPROVAL D’Acquisto moved for approval of General Vouchers in the amount of $994,905.90. Salentine seconded. Carried 7-0. Common Council Minutes Page 4 January 13, 1998 D’Acquisto moved for approval of Tax Checks in the amount of $10,823,185.26. Sanders seconded. Carried 7-0. Sanders moved for approval of Utility Vouchers in amount of $285,575.75. Woodard seconded. Carried 7-0. CITY OFFICIALS’ REPORT The Clerk-Treasurer noted that the next Committee of the Whole meeting has been scheduled for 2/5/98 and requested agenda items be submitted to her by 1/27. She was requested to try to have a representative of Wausau Ins. present to review claims and liability issues. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Salentine questioned the Mayor if legal opinion had been received from League attorney regarding the fire chief position since the quarterly meeting of the Police and Fire Commission was scheduled for this week. Mayor advised opinion not yet received. ADJOURNMENT Pionek moved to adjourn at 10:16 p.m. Slocomb seconded, carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer