CM031098
COMMON COUNCIL - CITY OF MUSKEGO (Approved 3/24/98)
MINUTES OF MEETING HELD MARCH 10, 1998 CORRECTED
The meeting was called to order at 7:40 p.m. by Mayor De Angelis. Also present were
Aldermen D’Acquisto, Patterson, Pionek, Salentine, Sanders, Slocomb, and Woodard,
City Attorney Molter, Clerk-Treasurer Marenda.
The Clerk-Treasurer stated the meeting was noticed in accordance with the Open
Meeting Law on 3/6/98.
Salentine moved for approval of minutes of 2/24/98 and 3/4/98. Slocomb seconded,
carried. The Clerk-Treasurer read the notice of closed sessions.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor reported on request of Warner Cable to contact legislators to not pass proposed
action by federal government amending certain standards of the communications act to
exempt certain carriers. Mayor also reported he testified in Madison last week in
opposition of proposed legislation concerning impact fees, TIF reorganization, landfill
expansion and computer tax exemption.
CLOSED SESSION
D’Acquisto moved to convene into closed session pursuant to §19.85(1)(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 appointments of Assessor and Clerk-Treasurer. Woodard seconded.
Carried 7-0.
Sanders moved to convene into closed session pursuant to §19.85(1)(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 employee compensation and classification. Salentine seconded.
Carried 7-0. The Council reconvened into open session.
COMMITTEE REPORTS
D’Acquisto moved for acceptance of the minutes of the 3/4/98 and 3/10/98 Finance
Committee meeting. Salentine seconded; motion carried. Patterson requested his
“aye” vote be changed to “abstain” due to possible conflict of interest relating to the fax
machine purchase action in the 3/4/98 minutes. No objections were voiced. Vote
changed to “motion carried, with Patterson abstaining”.
Sanders moved for acceptance of the minutes of the 2/25/98 Public Utilities Committee
meeting. Woodard seconded, motion carried.
D’Acquisto moved for acceptance of the minutes of the 2/23/98 Public Works
Committee meeting. Pionek seconded, motion carried.
Patterson moved for acceptance of the minutes of the 3/2/98 Public Services
Committee meeting. Pionek seconded, motion carried.
Plan Commission minutes of the 3/3/98 meeting were received and placed on file.
OLD BUSINESS
Reso. #17-98 - Denial of Certified Survey Map - Wiza and Reso. #18-98 - Denial of
Certified Survey Map - Wiza. (Possible reconsideration). Mayor advised issues for
denial as to grading at last meeting have been resolved. Patterson moved to
reconsider. Slocomb seconded. Motion to reconsider failed 5-2 with Patterson and
Common Council Minutes Page 2
March 10, 1998
Slocomb voting “yes” and D’Acquisto, Pionek, Salentine, Sanders, and Woodard voting
“no.”
Reso. #30-98 - Authorize Execution of Labor Agreement Between Muskego Police
Association and City of Muskego (January 1, 1996 - December 31, 2000). (Possible
reconsideration). D’Acquisto moved to reconsider. Salentine seconded; motion
carried. D’Acquisto moved to amend settlement language in 1.f., 2.a., 7.a., 9.d. and
11.a. and b. as presented. Patterson seconded; motion carried. Reso. #30-98 as
amended adopted 7-0.
Ord. #956 - An Ordinance to Amend the Zoning Map of the City of Muskego (EA to R-1
- Melvin Duve). Second Reading. Salentine moved for adoption. Sanders seconded.
Carried 7-0.
NEW BUSINESS
Reso. #33-98 - Approval of Advance to Big Muskego Lake/Bass Bay Protection District.
D’Acquisto moved for adoption. Sanders seconded. Carried 7-0.
Reso. #34-98 - Approval of Certified Survey Map - Duve. Salentine moved for
adoption. Sanders seconded. Carried 7-0.
Reso. #35-98 - Approval of Amendment to the Certified Survey Map Conditions - Lowe.
Salentine moved for adoption. Woodard seconded. Carried 7-0.
Reso. #36-98 - Award of Bid - Mercury Drive Fueling Station (Badger Oil Equipment)
D’Acquisto moved for adoption. Pionek seconded. Carried 6-1.
Reso. #37-98 - Resolution to Clarify Parks Supervisor Position as Created by
Resolution #23-98. Salentine moved for adoption. Slocomb seconded. Carried 7-0.
Reso. #38-98 - Approval of Certified Survey Map - Darkow. Salentine moved for
adoption. D’Acquisto seconded. Carried 7-0.
LICENSES
D’Acquisto moved for approval of operators’ licenses for Rikki Peters, Sandra Jeske
and Brian Shanklin. Patterson seconded. Patterson requested individual consideration
of Shanklin license. No objection. Motion carried for approval of Peters and Jeske
licenses. D’Acquisto moved for approval of operator’s license for Brian Shanklin
subject to 3, 6, 9, and 12-month review. Salentine seconded. Carried 6 - 1 with
Patterson casting the “no” vote.
VOUCHER APPROVAL
D’Acquisto moved for approval of General Vouchers in the amount of $465,546.50.
Sanders seconded. Carried 7-0.
Sanders moved for approval of Utility Vouchers in amount of $33,609.36. Woodard
seconded. Carried 7-0.
D’Acquisto moved for approval of Tax Checks in the amount of $256.04. Salentine
seconded. Carried 7-0.
Common Council Minutes Page 3
March 10, 1998
CITY OFFICIALS’ REPORT
Clerk-Treasurer reported a petition was received from Robert Anton and Greg Francke
to rezone property in Section 5, northwest of Racine and Tans, from B-2 to B-3, with
st
the public hearing scheduled for 4/14/98 at 7:30 PM. She also asked that March 31
be set aside as a date for the possible revocation hearing for Alpine Lanes, if not
resolved at the 3/24/98 Council meeting.
Atty. Molter reported it appears the Muskego vs. Norway sewer dispute has been
resolved in principle basically along the lines of the City’s proposal.
Mayor advised that the holding tank agreement approved for Payne and Dolan was
rejected by the County due to missing language requiring a water meter since it is for
new construction, and that he would have the language inserted and the agreement re-
executed with Payne and Dolan.
Mayor reported that as directed by the Council he has attempted to secure a professor
from the University of Marquette to speak regarding TIF, and that he is available on
3/31. Mayor stated he is also attempting to locate a professor with an alternative
th
viewpoint. It may be after the April 7 election before the presentations can be made.
D’Acquisto advised that Warner Cable is conducting telephone solicitations in the City
attempting to market their cable guide, which will continue to be sent and charged for
unless told to stop. He expressed concern that this might be a negative-option contract
and asked the city attorney for an opinion and determination by the Council if they want
a business they are contracting with conducting this type of business in the City, to be
brought forward at the next Council meeting. Patterson advised he is working with
Warner Cable regarding this matter.
CLOSED SESSION NO. 2
D’Acquisto advised that after his term ends he may be employed by Tries McKay.
Tries McKay represents Waste Management regarding landfill issues and he asked if
he should be excused from the closed session. It was determined it was not
necessary. Slocomb 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. Salentine seconded. Carried 7-0.
The Council reconvened into open session. Sanders moved to adjourn at 11:10 p.m.
D’Acquisto seconded, carried.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer