CM081198
COMMON COUNCIL - CITY OF MUSKEGO (Approved 8/25/98)
MINUTES OF MEETING HELD AUGUST 11, 1998
The meeting was called to order at 8:00 PM by Mayor De Angelis. Also present were
Aldermen Slocomb, Chiaverotti, Patterson, Pionek, Salentine, Sanders and Woodard,
City Attorney Molter and Clerk-Treasurer Marenda.
The Clerk-Treas. stated the meeting was noticed in accordance with the Open Meeting
Law on 8/7/98 and amended on 8/10/98.
Slocomb moved for approval of the minutes of 7/28/98. Patterson seconded, carried.
The Clerk-Treas. read the closed session notices.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor announced a meeting of the larger community libraries will be held next
Tuesday with the State Dept. of Instruction to discuss the Federated Library System’s
crossover borrowing funding.
COMMITTEE REPORTS
Chiaverotti moved for acceptance of Public Works Committee minutes of meeting held
7/27/98. Pionek seconded. Motion carried.
Salentine moved for acceptance of Finance Committee minutes of meeting held
8/11/98. Slocomb seconded. Motion carried.
Patterson moved for acceptance of Public Services Committee minutes of meeting held
8/3/98. Woodard seconded. Motion carried.
Plan Commission minutes of meeting held 8/4/98 were received and placed on file.
OLD BUSINESS
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 Commission). Second Reading. Salentine moved for adoption. Slocomb
seconded. Proposed amendments resulting from public hearing comments were
reviewed. Pionek and Patterson expressed concern about applying the new language
to sheds and other secondary structures. Patterson also questioned how to address
the fire department’s safety concerns. Mayor responded he spoke with the Fire Chief
who recognized we currently have zoning districts which already allow 35’ buildings
and he said they may have to buy one or two additional ladders to handle those current
zoning areas. Slocomb moved for the following amendments: Amend (8) in Section 1
to read:
“(8) Building, Height of: (A) The vertical distance for one and two family primary
structures and for all commercial and industrial structures is measured from the
average finished grade at the front building line (front of building) to the highest point
of: (a) the coping of a flat roof, (b) to the deck line of a false mansard roof, or (c) to the
mid point of the highest gable of a traditional mansard, gambrel, hip or pitch roof. Mid
point is determined by drawing a horizontal (zero degrees) line between the points
where the walls intersect the roof deck or an average thereof. Then draw a vertical (90
degrees) line from the horizontal line to the highest point of the gable. The mid point of
this vertical line shall be the height of a gable roof for the purposes of this ordinance.
(B) The height of any other structure types shall be defined as the total height of the
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August 11, 1998
structure measured with a vertical line from the average finished grade at the front line
of the structure to the highest point of the structure.”; delete Section 2 in its entirety;
and add to 6.12 in Section 4: “This section shall be in force and effect for all
applications filed after the date of adoption and publication of Ord. #966.” Salentine
seconded, motion carried. Ordinance #966, as amended adopted 7-0.
Ord. #967 - An Ordinance to Amend Chapter 1, Section 1.10 of the Municipal Code of
the City of Muskego (Engineering/Building Department). Second Reading. Slocomb
moved for adoption. Salentine seconded. Motion carried 7-0.
NEW BUSINESS
Reso. #145-98 - Appointment of Members to the Capital Budget Committee (De
Angelis, Gunderson, Slocomb, Pionek, N.Schaumberg, R.Stephens, R.Christenson,
D.Warhanek; H.Schuster; G.Stewart). Slocomb moved for adoption. Woodard
seconded. Motion carried 7-0.
Reso.#146-98 - Proceedings by the Common Council of the City of Muskego to
Discontinue and Vacate a Road Right-of-Way in the City of Muskego, Wisconsin
(Enterprise Drive). Salentine moved for adoption. Sanders seconded. Due to revised
map and legal from owner, required to publish an amended pending resolution. Motion
to adopt defeated 0-7.
Reso.#147-98 - Approval of Preliminary Plat - Clearview Subdivision, Town of Vernon.
Salentine moved for adoption Woodard seconded. Motion carried 7-0.
Reso.#148-98 - Approval of Certified Survey Map - Kastello/Kau/Himes, Town of
Norway. Salentine moved for adoption. Woodard seconded. Slocomb asked that the
record reflect these land divisions will be impacted by the potential expansion of the
Superior Emerald Park Landfill. Motion carried 7-0.
Reso.#149-98 - Approval of Certified Survey Map - Kastello/Kau/Himes, Town of
Norway. Salentine moved for adoption. Chiaverotti seconded. Slocomb asked that the
record reflect these land divisions will be impacted by the potential expansion of the
Superior Emerald Park Landfill. Motion carried 7-0.
Reso#150-98 - Approval of Certified Survey Map - Kastello/Kau/Himes, Town of
Norway. Salentine moved for adoption. Woodard seconded. Slocomb asked that the
record reflect these land divisions will be impacted by the potential expansion of the
Superior Emerald Park Landfill. Motion carried 7-0.
Reso.#151-98 - Approval of Certified Survey Map - Wiza/Inpro. Salentine moved for
adoption. Sanders seconded. Motion carried 7-0.
Reso.#152-98 - Resolution Authorizing Increase in Special Charges for Garbage and
Refuse Disposal and Recycling Service. Patterson moved for adoption. Pionek
seconded. Patterson moved to amend proposed fee effective 1/1/99 to $80.00/unit for
residential units containing 5 units or less; and to $68.00/unit for residential units
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August 11, 1998
containing 6 units and over. Pionek seconded, motion carried. Resolution #152-98 as
amended adopted 7-0.
Reso.#153-98 - Approval of Amendment to Cooperative Agreement and License
Agreement Between the City of Muskego and the Federal Bureau of Investigation for
Construction and Operation of a Firearms Training Facility. Sanders moved for
adoption. Salentine seconded. Motion carried 7-0.
Reso.#154-98 - Approval of Permanent Sanitary Sewer Easement Agreement -
Muskego-Norway School District Development. Sanders moved for adoption.
Woodard seconded. Salentine moved to amend the first paragraph of page 2 of the
Agreement to insert date of September 1, 1999; and, to insert “substantially” after “in” in
the phrase “in the manner described”. Slocomb seconded, motion carried. Resolution
#154-98, as amended, adopted 7-0.
Reso.#155-98 - Resolution to Approve Agreements Between Commonwealth Personnel
Management Services and the City of Muskego (Non-Represented and Represented
Employees). Slocomb moved for adoption. Sanders seconded. It was noted that the
Finance Committee recommended acceptance of Option A for the represented
employees classification plan; and, not to accept Option A for the non-represented
performance management and evaluation program. Motion carried 7-0.
Ord.#968 - An Ordinance to Amend the Zoning Map of the City of Muskego, B-1 to
RSM/OIP (New Markets, Inc.) First Reading. Attorney Molter was directed to work with
M.Sadowski on sunset clause language per recommendation of the Plan Commission.
Ord.#969 - An Ordinance to Amend §21.05(2)(c)2, §21.06(8) and §21.07 of Chapter 21
of the Municipal Code of the City of Muskego. First Reading. Referred to Public
Utilities Committee for further review.
LICENSES
Slocomb moved for approval of Operator License for Cheryl Miracle. Salentine
seconded. Motion carried.
Slocomb moved for approval of amended Class B Liquor License and Outside Dance
Permit for The Chesapeake for 8/23/98. Salentine seconded. Motion carried 7-0.
VOUCHER APPROVAL
Slocomb moved for approval of General Vouchers in amount of $560,066.36. Sanders
seconded. Motion carried 7-0.
Slocomb moved for approval of Tax Checks in amount of $2,734,212.14. Sanders
seconded. Motion carried 7-0.
Sanders moved for approval of Utility Vouchers in amount of $51,138.35. Woodard
seconded. Carried 7-0.
CITY OFFICIALS’ REPORTS
Common Council Minutes Page 4
August 11, 1998
The Clerk-Treasurer reported a petition had been received from Thomas H. Ludwig to
rezone property in the NW ¼ of Section 34 from A/OHS to B-4/OHS, and a public
hearing has been scheduled for 8/25/98 at 7:25 PM.
CLOSED SESSIONS 1 AND 2
Sanders 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. Woodard seconded. Motion carried 7-0.
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 Superior Emerald Park, Inc. contested
case. Salentine seconded. Motion carried 7-0.
Pionek moved to convene into open session. Sanders seconded. Motion carried 7-0.
Slocomb moved to adjourn at 11:48 PM. Sanders seconded. Motion carried.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer
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