CM082598
COMMON COUNCIL - CITY OF MUSKEGO (Approved - 9/8/98)
MINUTES OF MEETING HELD AUGUST 25, 1998
The meeting was called to order at 7:40 PM by Mayor De Angelis. Also present were
Aldermen Slocomb, Chiaverotti, Patterson, Pionek, Salentine, Sanders and Woodard,
City Attorney Molter, Plan Director Sadowski, Clerk-Treasurer Marenda, and Deputy
Clerk Blenski.
The Clerk-Treasurer stated the meeting was noticed in accordance with the Open
Meeting Law on 8/24/98.
Slocomb moved for approval of the minutes of 8/11/98. Salentine seconded, carried.
The Clerk-Treasurer read the closed session notices.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor invited everyone to participate in the Muskego Community Festival on 8/28,
8/29, and 8/30/98.
COMMITTEE REPORTS
The 8/12/98 Committee of the Whole minutes were received.
Sanders moved for acceptance of the Public Utilities Committee minutes of meeting
held 8/17/98. Woodard seconded. Motion carried.
Slocomb moved for acceptance of Finance Committee minutes of meetings held
8/19/98 and 8/25/98. Sanders seconded. Motion carried.
Minutes of 8/18/98 Plan Commission meeting, 7/22/98 Library Board meeting and
8/10/98 Parks & Recreation Board meeting were received and placed on file.
OLD BUSINESS
Ord. #968 - An Ordinance to Amend the Zoning Map of the City of Muskego, B-1 to
RSM/OIP (New Markets, Inc.). Second Reading. Salentine moved for adoption.
Slocomb seconded. Salentine moved to amend to include the language for conditional
rezoning and declaration of restrictions as submitted by City Attorney. Sanders
seconded; motion carried. Mr. Wayne Salentine, a representative of the seller of the
property, was present in the audience. He stated the developer was aware of the
conditions and they did not pose any problems. Ord. #968, as amended, adopted 7-0.
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. Second Reading. Slocomb moved
for adoption. Woodard seconded. Sanders stated there are about six properties in his
district that have sewer service available. He asked if this will forced them to connect
in addition to paying $375 for sewer usage. The Mayor stated that this ordinance does
not address that issue and does not force connections to be made. The issue is
reviewed by the Public Utilities Committee on an annual basis and the committee
should continue to do so. Slocomb stated that Scott Kloskowski was requested to
provide additional information to the Public Utilities Committee for the next meeting
regarding this issue. Slocomb moved to amend Section 2 to read, Section 21.06(8) of
Chapter 21 of the Municipal Code of the City of Muskego is hereby deleted and
replaced with the following: (8) The owner of each premise to which sewer service has
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August 25, 1998
been provided by the City but not connected to the Wastewater Works for sewer
service where no indoor plumbing is available shall pay for the availability thereof a
“ready-to-serve charge” equal to the rate provided by Section 21.06(3). A “ready-to-
serve charge” is not a standby charge and applies only to existing structures without
indoor plumbing. Any “ready-to-serve charge” becoming effective during any year shall
be charged on a pro rata basis for that year in which such charge becomes effective.
Woodard seconded; motion carried. Ord. #969, as amended, adopted 7-0.
Reso. #157-98 - Determination of Nonsubstantial Change to Planned Unit Development
of Tudor Oaks. Salentine moved for adoption. Chiaverotti seconded. Carried 7-0.
Mr. Sadowski left the meeting at 8:00 p.m.
Reso. #158-98 - Resolution of Intent to Participate in Countywide Trunked Radio
Project. Salentine moved for adoption. Pionek seconded. Patterson noted that County
Executive Finley is proposing to increase the portion the county would pay. He moved
to amend to add BE IT FURTHER RESOLVED that the Common Council and the
Mayor of the City of Muskego do support County Executive Finley’s 66% funding
proposal in the 1999 budget for the Trunked Radio System. Sanders seconded; motion
carried. Reso. #158-98, as amended, adopted 7-0.
Reso. #159-98 - Offer to Purchase - Parkland Drive Bike Path. Patterson moved for
adoption. Woodard seconded. The Mayor stated the offer covered all of the necessary
easements for the project. Motion carried 7-0.
Reso. #160-98 - Award of Bid - Parkland Drive Bike Path. Patterson moved for
adoption. Sanders seconded. The Mayor stated the project would be paid out of Park
Dedication funds with Boldt paying for a small portion. There will not be the need for
an agreement. Patterson moved to amend “and entering agreement satisfactory to the
City for payment of construction costs owed by third party” to “and a third party
agreeing to pay their portion of construction and related costs satisfactory to the Mayor
contained in the RESOLVED paragraphs. Woodard seconded; motion carried. The
Mayor noted that a letter of recommendation was received from Ruekert & Mielke. The
engineers did not evaluate the bidder’s current financial condition or previous
experiences. Sanders and Pionek expressed concern because the bidder’s
qualifications were not reviewed. Salentine moved to amend to add language at the
end of the NOW, THEREFORE, BE IT RESOLVED to read “and review of past job
performances and financial situation to the satisfaction of the Mayor.” Sanders
seconded; motion carried. Reso. #160-98, as amended, adopted 7-0.
Reso. #161-98 - Resolution Authorizing the Mayor to Hire Consultants - Parkland Mall.
The Mayor stated this resolution is an effort to keep the process going. The remaining
tenant requested deferral to give him time. The attorney representing the City in this
matter will have names for Mayor to review next week. Slocomb moved to defer.
Sanders seconded. Motion carried with voice vote of 6 to 1, with Pionek voting “no.”
Reso. #162-98 - Resolution Authorizing Agreement with Coca Cola. Removed from
agenda.
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August 25, 1998
Reso. #163-98 - Amended Relocation Order of the City of Muskego, Waukesha
County, Wisconsin (Kogelman). Salentine moved for adoption. Woodard seconded.
Attorney Molter explained that at the time the original relocation order was prepared,
the City’s existing easements were not known. The relocation order is being amended
to include a small portion of land to the City’s existing storm drainage easement on the
property. Motion carried 7-0.
Ord. #970 - An Ordinance to Amend the Zoning Map of the City of Muskego A/OHS to
B-4/OHS (Ludwig). First Reading.
LICENSES
Slocomb moved for approval of Operator License for Marlaena Schnitzler, Denise
Zaborski, Richard Bagley, and David Marson. The license for Mr. Marson is subject to
a 3, 6, 9 and 12-month review with the operator to appear before the Finance
Committee. Salentine seconded. Motion carried.
Slocomb moved for approval of Outside Dance Permit for D. J.’s Pub and Grill on
9/27/98 from 3:00 to 8:00 p.m. subject to discussion with the license holder at the
Finance Committee. Salentine seconded. Motion carried 7-0.
VOUCHER APPROVAL
Slocomb moved for approval of General Vouchers in amount of $404,030.69.
Salentine seconded. Motion carried 7-0.
Slocomb moved for approval of a credit to Tax Checks in amount of $580.51. Sanders
seconded. Motion carried 7-0.
Sanders moved for approval of Utility Vouchers in amount of $768,880.45. Woodard
seconded. Carried 7-0.
CLOSED SESSIONS
Salentine 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 appeal regarding nonrepresented wage and compensation study.
Chiaverotti seconded. Motion carried 7-0.
Patterson 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.
Patterson 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 cable contract negotiations.
Slocomb seconded. Motion carried 7-0. The Clerk and Deputy Clerk were dismissed.
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August 25, 1998
Salentine moved to convene into open session. Slocomb seconded. Motion carried 7-
0.
Reso. #156-98 - Resolution as to Appeal Regarding Nonrepresented Wage and
Compensation Study. Slocomb moved for adoption with the following language added
to following NOW, THEREFORE, BE IT RESOLVED That the Common Council of the
City of Muskego, upon the recommendation of the Finance Committee, does hereby
“deny the requested change by the Parks & Recreation Director as that position is still
in step process and on probation.” Salentine seconded. Motion carried 7-0.
Sanders moved to adjourn at 11:22 p.m. Chiaverotti seconded. Motion carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer
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