CM012798
COMMON COUNCIL - CITY OF MUSKEGO (Approved 2/10/98)
MINUTES OF MEETING HELD JANUARY 27, 1998
The meeting was called to order at 7:55 p.m. by Mayor De Angelis. Also present were
Aldermen Patterson, Pionek, Salentine, Sanders, Slocomb, City Attorney Molter,
Finance Director Gunderson, Clerk-Treasurer Marenda, and Deputy Clerk Blenski.
Aldermen D’Acquisto and Woodard were absent.
The Clerk-Treasurer stated the meeting was noticed in accordance with the Open
Meeting Law on 1/23/98.
Patterson moved for approval of minutes of 1/13/98. Sanders seconded, carried.
The Clerk-Treasurer read the notice of closed session.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor noted that there was a strike against BFI and refuse pick up was running
about one day behind schedule.
Reso. #13-98 - Honoring City of Muskego Eagle Scout - Jason Alt. Patterson moved
for adoption. Salentine seconded. Carried 5-0. The Mayor acknowledged Jason’s
efforts and presented the resolution to him.
Reso. #14-98 - A Resolution Authorizing the City of Muskego to Borrow the Sum of
$2,300,000 by Issuing General Obligation Promissory Notes Pursuant to Section
67.12(12) of the Wisconsin Statutes and Authorizing the Sale of the Notes. Salentine
moved for adoption. Sanders seconded. Mr. Dave Anderson of Ehlers and Associates
presented the bid received for the notes as well as the sewer system revenue bonds.
He recommended the bid received from Dain Rauscher Inc. of Chicago with a of 4.36%.
Mr. Anderson also recommended the bid received from Banc One Capital Corporation,
Milwaukee, on the City’s $1,100,000 sewer system revenue bonds, with an interest rate
of 4.57%. He noted that this rate was higher because the debt will be paid off over a
longer period of time and only sewer revenues would be used. Motion carried 5-0.
Reso. #15-98 - A Resolution Authorizing the Issuance and Sale of $1,100,000 Sewer
System Revenue Bonds of the City of Muskego, Waukesha County, Wisconsin and
Providing for the Payment of the Bonds and Other Details with Respect to the Bonds.
Sanders moved for adoption. Salentine seconded. Carried 5-0.
COMMITTEE REPORTS
Salentine moved for acceptance of the minutes of the 1/21/98 and 1/27/98 Finance
Committee meetings. Sanders seconded, carried. The Finance Director was
dismissed at 8:12 p.m.
Sanders moved for acceptance of the minutes of the 1/19/98 Public Utilities Committee
meeting. Slocomb seconded, carried. The Mayor noted that Mr. Mielke made a
presentation at the meeting regarding the upcoming MMSD public hearing.
Minutes of the 1/12/98 Parks & Recreation Board and 1/20/98 Plan Commission
meetings were received and placed on file.
Common Council Minutes Page 2
January 27, 1998
Reso. #4-98 - Approval of Agreement between the City of Muskego and Durrant
Architects, Inc. for Library, on the floor, deferred 1/13/98. The Mayor noted that the
language of the agreement is still being finalized. Article 12.1 is being stricken as
Durrant will retain their own engineering services. Atty. Molter requested that the final,
revised agreement be forwarded to him for review prior to execution. Pionek
questioned the reference contained in Article 11.3.1 to Article 3.2, which has been
stricken. Molter will review deletion of 11.3.1. It was noted that the resolution
authorizes the Mayor to make any necessary technical changes in consultation with the
attorney. Patterson moved to amend to reduce percentage contained in Part 1 of
Article 11.2.1 (Compensation) from 8.5% to 8% for construction costs. Motion died for
lack of second. Discussion continued about the overall project and time frame.
Clarification was requested regarding Parts 1 and 2 of Article 11.2.1. Pionek moved to
recommend any technical corrections be made to the Agreement as to Article 11.3.1
and reference to Article 3.2, Article 11.2.1, Parts 1 and 2, and Article 12.3. Salentine
seconded. Motion carried. Motion to adopt Reso. #4-98 carried 5-0.
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, on the floor, deferred
1/13/98. Mayor noted that he and the Finance Director did not have an opportunity to
meet with the affected Department Heads. They will do that and report to the 2/5/98
Committee of the Whole meeting. Patterson moved to defer. Slocomb 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, on the floor, deferred 1/13/98. Sanders
moved to defer until receipt of DNR review. Slocomb seconded, carried.
Ord. #954 - An Ordinance to Amend Chapter 8, Section 8.01(1), of the Municipal Code
of the City of Muskego (Street Widths). Second Reading. Slocomb moved for
adoption. Pionek seconded. Slocomb moved to amend date to January 27, 1998.
Salentine seconded, carried. Ord. #954, as amended, carried 5-0. Slocomb stated that
correspondence received from Ruekert & Mielke does not provide the information he
requested as to road design criteria, foundation information, how road widths and road
right-of-ways are established. He requests information be provided.
Ord. #955 - An Ordinance Establishing Salaries for Certain Elected Officials. Second
Reading. Sanders moved for adoption. Slocomb seconded. Discussion took place
regarding passing this ordinance to establish biweekly salaries for aldermen in Districts
1, 3, and 5 in an effort to move toward one uniform payroll system. Patterson,
Salentine, and Pionek supported deferral to discuss further at the next Committee of
the Whole meeting. Salentine verbally read legal opinions obtained from Mary Lazich’s
office regarding paying employees in advance of work performed. Slocomb and
Sanders stated there was no reason to defer this item. It will bring the City closer to its
goal. Ord. #955 adopted 5-0.
Common Council Minutes Page 3
January 27, 1998
Reso. #16-98 - Preliminary Resolution Declaring Intent to Exercise Special Assessment
Police Powers Under §66.60 WI Statutes as to Sanitary Sewer Assessment Area for
Martin Drive Sewer Project (Project MSS-2-98; Assessment District “SR”). Sanders
moved for adoption. Slocomb seconded. Sanders presented a brief update regarding
the project which has been ongoing for over two years. Motion carried 4 - 1 with
Patterson voting “no.”
Reso. #17-98 - Approval of Certified Survey Map - Wiza. Salentine moved for
adoption. Patterson seconded. Salentine moved to defer due to drainage concerns
expressed by the City’s engineers. Slocomb seconded, carried.
Reso. #18-98 - Approval of Certified Survey Map - Wiza. Salentine moved for
adoption. Patterson seconded. Salentine moved to defer for same reason as previous
resolution. Pionek seconded, carried.
There were no licenses to review.
VOUCHER APPROVAL
Sanders moved for approval of General Vouchers in the amount of $738,903.82.
Salentine seconded. Carried 5-0.
Sanders moved for approval of Utility Vouchers in amount of $96,001.45. Slocomb
seconded. Carried 5-0.
Sanders moved for approval of Tax Checks in the amount of $13,380.74. Salentine
seconded. Carried 5-0.
CITY OFFICIALS’ REPORT
Discussion took place to finalize the 2/5/98 Committee of the Whole agenda items.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
The Council discussed the legal opinion obtained from the City Attorney regarding the
fire departments. Salentine stated she thought legal opinions would be sent to Police &
Fire Commission to be taken out of the political arena. They should review. Mayor
noted that he has forwarded the opinions he received to date to the commission.
Salentine moved to forward all of the legal advice to our Police & Fire Commission for
review and let them decide what they want to do, or if they want to go out and get a
fourth opinion; it’s up to them. Pionek seconded. Patterson asked what are we asking
them to do? Mayor noted if there ever is a chief to be appointed, it is the responsibility
of the Police and Fire Commission to do so. Patterson and Sanders stated the legal
opinions support that a fire chief does not have to be appointed so why would the
Council ask the commission to make a determination. Salentine called for the question.
Patterson objected. Patterson, Salentine, Sanders, and Slocomb voted “no” and
Pionek voted “yes.” Sanders requested clarification of motion. Salentine requested to
add “and tell us what their opinion of all of the information we sent them is” to her
motion. Pionek agreed. Atty. Molter expressed concern. Salentine called for the
question. There were no objections. Motion failed with Patterson, Sanders, and
Slocomb voting “no” and Pionek and Salentine voting “yes.” Slocomb moved to forward
all material received to the Police and Fire Commision for the commission’s
Common Council Minutes Page 4
January 27, 1998
information. Salentine seconded. Motion carried with Pionek, Salentine, Sanders, and
Slocomb voting “yes” and Patterson voting “no.”
The February calendar was also discussed and a February 19 Committee of the Whole
meeting was added.
Atty. Molter presented an update on the Metro East Landfill expansion. There was no
need to convene into closed session.
ADJOURNMENT
Sanders moved to adjourn at 10:20 p.m. Salentine seconded, carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer