CM072898
COMMON COUNCIL - CITY OF MUSKEGO (Approved 8/11/98)
MINUTES OF MEETING HELD JULY 28, 1998
The meeting was called to order at 8:54 p.m. by Mayor De Angelis. Also present were
Aldermen Slocomb, Chiaverotti, Patterson, Pionek, Salentine, and Woodard, City
Attorney Molter, Finance Director Gunderson, and Deputy Clerk Blenski. Alderman
Sanders was not present.
The deputy clerk stated the meeting was noticed in accordance with the Open Meeting
Law on 7/24/98.
Salentine moved for approval of the minutes of 7/14/98 and 7/15/98. Woodard
seconded; motion carried.
The deputy clerk read the closed session notices.
PERSONAL APPEARANCES
Mr. Don Vilione of Conley McDonald LLP presented 1997 financial report information
and noted that the City’s financial condition was very sound.
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 discussion, interview and possible confirmation of City
Engineer/Building Director. Salentine seconded. Motion carried 6-0. The city
attorney, finance director, and deputy clerk were not present for the closed session
Salentine moved to reconvene into open session. Chiaverotti seconded. Motion
carried 6-0.
Reso. #132-98 - Resolution to Create Position of City Engineer/Building Director.
Salentine moved for adoption. Pionek seconded. Motion carried 6-0.
Reso. #133-98 - Resolution Confirming the Selection of City Engineer/Building Director
(Christopher Zoppa). Slocomb moved for adoption. Pionek seconded. Motion carried
6-0.
Slocomb moved to convene into closed session pursuant to §19.85(1)(e) Deliberating
or negotiating the purchasing of public properties, the investing of public funds, or
conducting other specified public business, whenever competitive or bargaining
reasons require a closed session; more specifically negotiating contract for Tess
Corners Volunteer Fire Department. Salentine seconded. Motion carried 6-0. The
deputy clerk was not present for the closed session. Slocomb moved to reconvene into
open session. Salentine seconded. Motion carried 6-0. Finance Director Gunderson
was not present for the remainder of the meeting.
Salentine moved for acceptance of the 7/22/98 and 7/28/98 Finance Committee
meeting minutes. Slocomb seconded; motion carried.
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July 28 1998
Woodard moved for acceptance of the 7/20/98 Public Utilities Committee meeting
minutes. Pionek requested correction be made on page 3 under review of sewer plans
for Avion Estates. The sentence, “The contractor determined that it could eliminate the
manhole” should be changed to read, “The engineers determined that they could
eliminate the manhole.” Slocomb seconded; motion carried.
Two minor corrections were requested to be made to the 7/13/98 Parks & Recreation
Board minutes. On page 1, line 8 under personal appearances, the word “property”
should be corrected to “properly” and line 6 under Idle Isle Park - request to erect a
tent, the word “up” should be corrected to “upon.” The 7/21/98 Plan Commission
minutes and 6/24/98 Library Board minutes and 7/13/98 Parks & Recreation Board
minutes were accepted.
Reso. #134-98 - Appointment of Citizen Members to the Superior Emerald Park Siting
Committee. Slocomb moved for adoption. Woodard seconded. Motion carried 6-0.
Reso. #135-98 - Approval of Certified Survey Map - Prince, Town of Norway. Salentine
moved for adoption. Woodard seconded. Motion carried 6-0.
Reso. #136-98 - Acceptance of Improvements - Lakewood Meadows Addn. #1.
Salentine moved for adoption. Slocomb seconded. Motion carried 6-0.
Reso. #137-98 - Approval of Lease Agreement with Karl Thiesenhusen for Lease of
Park Arthur. Patterson moved for adoption. Woodard seconded. Motion carried 6-0.
Reso. #138-98 - Acceptance of Quote - Grinder Pumps/Holz Drive Sewer Project.
Woodard moved for adoption. Slocomb seconded. Motion carried 6-0.
Reso. #139-98 - Resolution to Retain Special Counsel. Salentine moved for adoption.
Slocomb seconded. The Mayor noted that two names were discussed at the 7/22/98
Finance Committee meeting. The Mayor recommends retaining Attorney Michael
Morse of von Briesen, Purtell & Roper, S.C. at a cost of $125 an hour for Carity
Development and Town of Vernon border agreement. He has municipal experience
and has worked on border agreements. For Parkland Mall, the Mayor recommends
retaining Attorney James Baxter of Quarles & Brady. He stated that Quarles & Brady
did extensive research and do not believe there is any conflict of interest with regard to
Mr. Dyer and their representation of the City on this issue. The rate is $100 an hour
through the month of August and then a blended rate of $160 an hour. As the City’s
bond counsel, Quarles & Brady would have to review the TIF anyway which could
provide cost savings. The Mayor noted that both names have come with favorable
recommendations. Attorney Molter stated that his firm will continue to represent the
City regarding Parkland Mall unless there is a conflict. Patterson questioned why the
City had to pay for legal counsel regarding the border agreement; what is the
advantage to the City? The Mayor stated it is long-range planning; it will decrease
attorney costs regarding future issues, such as annexation. Slocomb moved to amend
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July 28 1998
the resolution to incorporate the Mayor’s recommendation to retain Attorney Michael
Morse and Attorney James Baxter. Patterson seconded. Motion carried 6-0.
Reso. #140-98 and Reso. #141-98 were removed; titles were inadvertently typed twice.
Reso. #142-98 - Resolution of Necessity (Parkland Drive - Bike Path). Patterson
moved for adoption. Woodard seconded. Motion carried 6-0.
Reso. #143-98 - Relocation Order of the City of Muskego, Waukesha County,
Wisconsin (Parkland Drive). Patterson moved for adoption. Woodard seconded.
Attorney Molter explained that this is for a drainage easement and the previous
resolution was for an access easement for the bike path. Motion carried 6-0.
Reso. #144-98 - Resolution Authorizing the Commencement of Litigation Against
Fidelity & Deposit Company of Maryland (Boxhorn, Ryan, Groveway Sewer Project).
Slocomb moved for adoption. Salentine seconded. Motion carried 6-0.
Ord. #967 - An Ordinance to Amend Chapter 1, Section 1.10 of the Municipal Code of
the City of Muskego (Engineering/Building Department). First Reading.
Ord. #966 - An Ordinance to Amend Chapter 17, Sections 2.02(8), 5.03(1) and 6.12 of
the Municipal Code of the City of Muskego (Building Height and Time Restrictions for
Plan). First Reading. Slocomb requested concerns he expressed at public hearing be
addressed, including how the fire departments can service this. The Mayor noted any
proposed amendments would be done at the time of second reading.
LICENSES
Slocomb moved for approval of temporary operators’ licenses for Robert
Brankenbusch, John Werderitch, Raymond Musolf and John Romanszewski and
regular licenses for Shirley Salmen, Joan Hayes, Liane DeZur, Erin Grober, and David
Davidson subject to a 3, 6, 9 and 12-month review. Salentine seconded. Motion
carried. Slocomb moved for approval of Temporary Class “B”/”Class B” Retailer’s
License for St. Paul’s Church for 8/2/98. Salentine seconded. Motion carried 6-0.
VOUCHER APPROVAL
Slocomb moved for approval of General Vouchers in the amount of $447,712.10.
Salentine seconded. Carried 6-0.
Slocomb moved for approval of Tax Checks in the amount of $1,547.26. Salentine
seconded. Carried 6-0.
Woodard moved for approval of Utility Vouchers in amount of $351,151.19. Slocomb
seconded. Carried 6-0.
CITY OFFICIALS’ REPORTS
A draft of the August calendar was distributed with a Committee of the Whole meeting
scheduled for 8/6/98 at 7:00 p.m.
Common Council Minutes Page 4
July 28 1998
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
The Mayor stated that he and other city personnel will be meeting with Mr. Dyer and his
team later in the week regarding Parkland Mall and the proposed TIF.
Slocomb moved to convene into closed session pursuant to §19.85(1)(c) Considering
§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. Patterson seconded. Motion carried 6-0. The city attorney and
deputy clerk were dismissed at 11:30 p.m.
Woodard moved to convene into open session. Salentine seconded. Motion carried 6-
0.
Reso. #47-98 - Resolution to Adopt Compensation and Classification Study for
Nonrepresented Employees as Performed by Commonwealth Personnel Management
Services, on the floor, deferred 7/14/98. Salentine moved to amend to add
“retroactively to July 1, 1998 except as to the Police Captain position retroactive to May
23, 1998” following “implementation to be done.” Woodard seconded; motion carried.
Reso. #47, as amended, adopted 6-0.
Salentine moved to adjourn at 11:55 p.m.. Chiaverotti seconded, carried.
Respectfully submitted,
Jill Blenski, CMC
Deputy Clerk