CM090898
COMMON COUNCIL - CITY OF MUSKEGO (Approved-9/22/98)
MINUTES OF MEETING HELD SEPTEMBER 8, 1998
The meeting was called to order at 7:30 PM by Mayor De Angelis. Also present were
Aldermen Slocomb, Chiaverotti, Patterson, Pionek, Salentine, Sanders and Woodard,
City Attorney Molter, and Deputy Clerk Blenski.
Slocomb moved for approval of the minutes of 8/25/98. Sanders seconded, carried.
The deputy clerk read the closed session notices.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor stated that the Negotiating Committee will consist of him, Ald. Slocomb and
Ald. Patterson. He stated the City was in receipt of quarter section maps from the
County. The Mayor also noted that he would appear before the County Board on
Wednesday to support the County Executive’s proposed 66% County share for the 800
mHz radio system. He urged residents to use extreme caution in the area of Hwy. 36,
which was recently reopened, and noted that the stop signs at the intersection of Hwys.
36 and 45 were removed.
Ord. #970 - An Ordinance to Amend the Zoning Map of the City of Muskego A/OHS to
B-4/OHS (Ludwig). Second Reading. Salentine moved for adoption. Sanders
seconded. Motion carried 7-0.
CLOSED SESSION NO. 1
Attorney Baxter, special counsel regarding Parkland Mall, was present. He stated that
the closed session is premised on likely litigation. He received information today
indicating that the remaining tenant in the mall will move by November 1 and Mr. Dyer
is seeking a permit to raze the structure. Discussion took place by Council members
and the attorney about the razing permit and the time frame of the permit. He stated
that the tenant departing the scene and having alternate space was crucial and will
make the situation easier to deal with. These developments make the litigation less
likely and he encouraged the Council not to convene into closed session at this time.
Pionek asked what if nothing happens by December. Attorney Baxter stated he is not
suggesting the matter be closed and put away. He is simply advising the Council that
the closed meeting exemption from the open meeting law is premised on likely litigation
which is now diminished. 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 Parkland Mall.
Chiaverotti seconded. Motion failed with 7 no votes cast.
CLOSED SESSION NO. 2
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 in favor. The deputy clerk was dismissed.
Common Council Minutes Page 2
September 8, 1998
The Council reconvened into open session at 9:40 p.m.
COMMITTEE REPORTS
Pionek moved for acceptance of the Public Works Committee minutes of meeting held
8/24/98. Salentine seconded. Motion carried.
Slocomb moved for acceptance of Finance Committee minutes of meetings held
8/27/98, 9/2/98 and 9/8/98. Salentine seconded. Motion carried.
Minutes of 9/1/98 Plan Commission meeting were received with Ald. Salentine noted
that she would request some corrections and additions to be made to the minutes.
The Mayor read results of the election.
Reso. #161-98 - Resolution Authorizing the Mayor to Hire Consultants - Parkland Mall,
on the floor, deferred from 8/25/98. Slocomb moved to defer. Sanders seconded;
carried.
Reso. #164-98 - Award of Bid - Earth Berm Construction for Regional Firearms Training
Facility. Sanders moved for adoption. Salentine seconded. Slocomb stated the facility
was not regional; it is local and will be used by the City of Muskego, the FBI, and the
Milwaukee Police Academy for rookie shotgun training. He moved to amend to remove
the word “regional” wherever it appears in the title of the project and all future
documentation. Salentine seconded; motion carried. Reso. #164-98, as amended,
adopted 7-0.
Reso. #165-98 - Award of Bid - Muskego Library Site Improvements. Salentine moved
for adoption. Pionek seconded. The Mayor noted the main items to be included: site
prep work, bringing building pad to grade for construction, leveling off driveway and
parking lot, construction of access road to Parkland Drive, crossing culvert, and pond
construction. He also stated that the work was estimated to cost $386,000, with the
actual award being for substantially less ($277,441). Motion carried 7-0.
Reso. #166-98 - Appointments to Superior Emerald Park Siting Committee. Slocomb
moved for adoption. Woodard seconded. Carried 7-0.
Reso. #167-98 - Amendment to 1998 Budget. Salentine moved for adoption. Sanders
seconded. The Mayor noted that the main item is for the settlement of the Police
Department contract. Carried 7-0.
Reso. #168-98 - Approval of Muskego Parks and Recreation Department Part-
Time/Seasonal Pay Classifications. Patterson moved for adoption. Woodard
seconded. Carried 7-0.
Reso. #169-98 - Resolution to Create Part-Time Data Entry Clerk. Salentine moved for
adoption. Woodard seconded. The Mayor explained the purpose for the position and
stated that it will be eliminated if an additional Floating Secretary position is approved
through the budget process. This will be made clear to all applicants. Slocomb
requested the goal of utilizing either position be that the phone in the Mayor’s office is
Common Council Minutes Page 3
September 8, 1998
always personally answered so calls will not go to voice mail. Salentine noted that
there is no guarantee as calls automatically go to voice mail if both incoming lines are
busy. Patterson asked if there was a lower paid classification that the proposed
position could fit within. The Mayor stated there was a filing assistant position;
however, he wants to hire an individual to do more than more than filing and copying.
Motion carried 7-0.
Reso. #170-98 - Approval of Certified Survey map - Knudsen. Salentine moved for
adoption. Chiaverotti seconded. Slocomb moved to amend to add “by amended
Resolution #P.C. 157-98” at the end of the NOW, THEREFORE, BE IT RESOLVED.
Salentine seconded; motion carried. Reso. #170-98, as amended, adopted 7-0.
Ord. #971 - An Ordinance to Amend Chapter 12, Section 12.06(1) of the Municipal
Code of the City of Muskego. (Taxicabs). First Reading.
LICENSES
Slocomb moved for approval of Operator Licenses for Matthew Stops, Nora Zaeske,
Dale Pterson, and Dale Neira. Salentine seconded. Motion carried.
Slocomb moved for approval of Outside Dance Permit for Kara-Oke Inn for 9/13/98.
Woodard seconded. Motion carried.
VOUCHER APPROVAL
Slocomb moved for approval of General Vouchers in amount of $429,363.33. Sanders
seconded. Motion carried 7-0.
Sanders moved for approval of Utility Vouchers in amount of $49,175.68. Woodard
seconded. Carried 7-0.
CITY OFFICIALS ‘ REPORTS
The deputy clerk noted that a draft of the 9/17/98 Committee of the Whole meeting was
prepared and only contained the 1999 budget review. She also announced that a
public hearing would be held on 9/22/98 at 7:25 p.m. to consider the petition of Bill
Carity to rezone property in the SE ¼ of Section 3 and NE ¼ and SE ¼ of Section 10
from RS-3 and RS-2 to RS-3/OPD, RS-2/OPD, RSM/OD/OPD, and B-3/OPD.
CLOSED SESSION NO. 3
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. Chiaverotti seconded. Motion carried 7-0.
The deputy clerk was dismissed.
Sanders moved to convene into open session. Chiaverotti seconded. Motion carried
7-0.
Sanders moved to adjourn at 10:26 p.m. Pionek seconded. Motion carried.
Common Council Minutes Page 4
September 8, 1998
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jill Blenski, CMC
Deputy Clerk