CM051298
COMMON COUNCIL - CITY OF MUSKEGO (Corrected & approved 5/26/98)
MINUTES OF MEETING HELD MAY 12, 1998
The meeting was called to order at 7:39 p.m. by Mayor De Angelis. Also present were
Aldermen Slocomb, Chiaverotti, Patterson, Pionek, Salentine, Sanders, and Woodard,
City Attorney Molter, Clerk-Treasurer Marenda, and Deputy Clerk Blenski.
The Clerk-Treasurer stated the meeting was noticed in accordance with the Open
Meeting Law on 5/8/98.
Salentine moved for approval of minutes of 4/28/98. Woodard seconded, carried. The
Clerk-Treasurer read the notice of closed session.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor read Proclamation declaring May as “Green Up” Muskego month. The
Mayor also read Proclamation noting May 15 and 16 as American Legion Auxiliary
Poppy Days. The Mayor encouraged participation in the upcoming Relay for Life on
June 19 - 20 to fight cancer.
Reso. #96-98 - Development of Business Park Along the Moorland Road Corridor.
Slocomb moved for adoption. Pionek seconded. Salentine listed the details the
Committee of the Whole based their decision on and suggested they be included in
resolution. She moved to amend to add “due to additional land, sewer and Moorland
Road improvement expenses, and the shortened time period as required by the
County. Slocomb seconded. Patterson stated it was never the intent of the Council to
go out 23 years for the TIF and questioned if the shortened time period as required by
the County should be included as one of the reasons. The Clerk noted that Salentine
also referred to the City’s loss of a business partner. Salentine and Slocomb agreed to
include in motion. Slocomb stated he agreed with Patterson; to use that is probably not
appropriate. Patterson asked Salentine if she would eliminate the County reference.
She agreed as did Slocomb. Motion to amend to add “due to additional land, sewer
and Moorland Road improvements expenses, and loss of business partner” carried.
Reso. #96-98, as amended, adopted 7-0.
Reso. #81-98 - Honoring City of Muskego Eagle Scout - Anthony S. Dargiewicz.
Sanders moved for adoption. Salentine seconded. Carried 7-0. The Mayor presented
the resolution to Tony who briefly talked about his Eagle Scout project.
Ord. #961 - An Ordinance to Amend §16.19(1) and §16.19(1)(c) of Chapter 16 of the
Municipal Code of the City of Muskego (Holding Tank). Second Reading. Patterson
moved for adoption. Pionek seconded. Slocomb moved to amend reference to
Wisconsin Department of “Industry, Labor and Human Relations” to “Commerce.”
Sanders seconded; motion carried. Ord. #961, as amended, adopted 7-0.
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May 12, 1998
Reso. #82-98 - Resolution Approving Execution of Metro Recycling and Disposal
Facility: Southeast Expansion Negotiated Agreement and Amendment to Agreement.
Salentine moved for adoption. Woodard seconded. Slocomb moved to amend to add,
“WHEREAS, the City of Muskego objects to the overall height because of the
unsightliness of the landfill and its expansion.” Patterson seconded, carried. Reso.
#82-98, as amended, adopted 7-0. The Mayor stated that the City engineers have
verified that the legal description is correct.
Reso. #93-98 - Approval of Certified Survey Map - Wiza. Salentine moved for
adoption. Woodard seconded. Slocomb stated this property and property across the
street were supposed to have a drainage study. Property across the street cannot be
divided until drainage study is completed. The Mayor stated the drainage study for this
property has been done and reviewed by the City engineers. The Mayor stated he was
not sure what the status of the drainage issue was for the property across the street; he
clarified that no additional work is required in terms of any study on this side of the
street. Pionek noted that this is a four-lot certified survey map and the next resolution
is to divide one of those parcels so we will end up with five lots. How does that relate
to state statute or our own ordinances? Is it legal? Attorney Molter responded that Mr.
Sadowski assured him that he has been over this with everyone involved. He cannot
remember the reasoning but he knows it was researched and this procedure complied
with the state and our ordinances. He believes some of the lots are over an acre and
one half. Motion carried 6-1 with Pionek voting “no.”
Reso. #94-98 - Approval of Certified Survey Map - Wiza. Salentine moved for
adoption. Woodard seconded. Carried 6 to 1 with Pionek voting “no.”
Reso. #54-98 - Authorize Wausau Insurance to Provide Additional Insurance. On the
floor, deferred 4/28/98. The Clerk-Treasurer stated coverage cannot be split. The
City’s insurance would be primary in some instances and secondary in others. Mr.
Murphy recommends the City not provide this benefit at all, and if it does, the limit
should be reduced to $500 or $1000. The Clerk stated the average claim for the past
year was $1400 and over the past eight years, $1096. Chiaverotti stated the City will
receive more claims if this coverage is offered. Patterson asked if the City was setting
a precedent. Molter responded once you provide a service, it is hard to get rid of it.
Slocomb stated a business is expected to provide this type of coverage. The Mayor
noted that the City’s exposure is greater due to the amount of property it owns or
controls. Sanders said we are opening ourselves up. He moved to amend limit of
coverage not to exceed $500. Patterson seconded. Discussion ensued with Salentine
stating $500 may be too low; $1500 may be fairer. Sanders amended limit to $1000.
Patterson agreed to amend. He is concerned, however, that is still too low; the costs of
medical expenses continues to go up. Sanders responded that the $1000 shows good
will on the part of the City. Hopefully people will have other insurance. Chiaverotti
stated she has a hard time jumping in when the City is not at fault. Motion to amend
failed 6 -1 with Sanders casting the “no” vote. Discussion continued regarding the
average claim figure. Pionek noted you do not know if the average claim is the amount
Common Council Minutes Page 3
May 12, 1998
left after other insurance paid. Slocomb supports $10,000 limit. Reso. #54-98 adopted
4-3 with Slocomb, Pionek, Salentine, and Woodard voting “yes” and Chiaverotti,
Patterson and Sanders voting “no.”
The City Attorney was dismissed at 8:50 p.m. Slocomb 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 study. Salentine seconded. Motion carried 7-0.
The Council reconvened into open session.
COMMITTEE REPORTS
The 5/7/98 Committee of the Whole minutes were received. Slocomb clarified that the
goals of the dept. heads can be presented in written format.
Salentine moved for acceptance of the minutes of the 5/6/98 and 5/12/98 Finance
Committee meetings. Sanders seconded; motion carried.
Patterson moved for acceptance of the minutes of the 5/4/98 Public Services
Committee meeting. Pionek seconded. Salentine requested clarification regarding
Culvers’ lighting.
Pionek moved for acceptance of the minutes of the 4/27/98 Public Works Committee
meeting. Woodard seconded; motion carried.
Minutes of the 4/22/98 Library Board and 5/5/98 Plan Commission were received and
placed on file. The Mayor noted that the Federated Library System is again proposing
new crossover borrowing.
Reso. #46-98 - Approval of Agreement with Continuum Architects for Services for Kurth
Park. On the floor, deferred 4/28/98. Mayor stated terms of contract with Continuum
have still not been worked out. If they cannot be resolved prior to Council’s next
meeting, he recommends the Council deny bid submitted by Continuum. Salentine
moved to defer. Slocomb seconded; motion carried.
Reso. #47-98 - Resolution to Adopt Compensation and Classification Study for
Nonrepresented Employees as Performed by Commonwealth Personnel Management
Services. On the floor, deferred 4/28/98. Patterson moved to defer. Woodard
seconded; motion carried.
Reso. #83-98 - Appointment of Citizen Member to Board of Appeals (William Le Doux).
Salentine moved for adoption. Woodard seconded. Carried 7-0.
Reso. #84-98 - Appointment of Citizen Member to Police and Fire Commission.
Removed from agenda.
Reso. #85-98 - Appointment of Citizen Members to Library Board (P. Merz and R.
Jankowski). Patterson moved for adoption. seconded. Carried 7-0.
Common Council Minutes Page 4
May 12, 1998
Reso. #86-98 - Accepting Community Newspapers, Inc. as Official Newspaper of the
City of Muskego. Slocomb moved for adoption. Chiaverotti seconded. Pionek asked
how prices compared to last year. Mayor noted this was the only bid received and the
per line first insertion rate for Council proceedings and legal notices went down $.01.
Motion carried 7-0.
Reso. #87-98 - Award of Bid - 1998 Road Program. Pionek moved for adoption.
Woodard seconded. Carried 7-0.
Reso. #88-98 - Approval of Certified Survey Map - Serfort. Salentine moved for
adoption. Slocomb seconded. Carried 7-0.
Reso. #89-98 - Approval of Certified Survey Map - King. Salentine moved for adoption.
Woodard seconded. Carried 7-0.
Reso. #90-98 - Approval of Certified Survey Map - Krzman, Town of Norway. Salentine
moved for adoption. Woodard seconded. Carried 7-0.
Reso. #91-98 - Approval of Certified Survey Map - Otto, Town of Norway. Salentine
moved for adoption. Woodard seconded. Carried 7-0.
Reso. #92-98 - Approval of Final Plat - High View Estates of Vernon Addition #1, Town
of Vernon. Salentine moved for adoption. Woodard seconded. Carried 7-0.
Reso. #95-98 - Approval of Assignment of Letter of Credit for Deer Creek and Deer
Creek Addition #1. Salentine moved for adoption. Slocomb seconded. Slocomb
moved to defer. Sanders seconded; motion carried.
Reso. #97-98 - Approval of Amendment to Subdivider’s Agreement for Deer Creek
Addition No. 1 Regarding Assignment. Sanders moved for adoption. Salentine
seconded. Slocomb moved to defer. Sanders seconded; motion carried.
LICENSES
Slocomb moved for approval of Operators’ Licenses for Karen Paddock and Kevin
House. Salentine seconded; carried.
Slocomb moved to approve change of agent for Favre & Associates (Broke Spoke) to
Robert Doyle. Salentine seconded. Carried 7-0.
VOUCHER APPROVAL
Voucher amounts corrected at 5/26/98 Council meeting.
Slocomb moved for approval of General Vouchers in the amount of $1,445,703.82
$414,982.26. Salentine seconded. Carried 7-0.
Slocomb moved for approval of Tax Checks in the amount of $1,163,049.56
$1,164,273.15. Sanders seconded. Carried 7-0.
Common Council Minutes Page 5
May 12, 1998
Sanders moved for approval of Utility Vouchers in amount of $75,502.11. Woodard
seconded. Carried 7-0.
CITY OFFICIALS’ REPORT
The Council determined it would hold the next Committee of the Whole meeting on
June 25. Patterson stated he may not be able to attend. Chiaverotti noted Mayor’s
Task Force and Library Board are on same day and she serves on both.
Salentine moved to adjourn at 10:30 p.m. Woodard seconded, carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer