CM101398
COMMON COUNCIL - CITY OF MUSKEGO (Approved-10/27/98)
MINUTES OF MEETING HELD OCTOBER 13, 1998
The meeting was called to order at 7:45 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.
Salentine moved for approval of the minutes of 9/22/98 and 10/1/98. Woodard
seconded. Salentine moved to correct 9/22/98 minutes to reflect total Utility Vouchers
in the amount of $121,283.18 and not $236,067.65. Slocomb seconded; carried.
Minutes approved as corrected.
The Clerk-Treasurer read the closed session notices.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor stated that a draft summary report regarding shared dispatch services is
available through his office. Chief Johnson served on the review committee.
Discussion took place regarding shared dispatch and 800 mHz with the Mayor noting
they are two different issues. The Mayor also presented an update on the progress of
the new library. Ground has not been broken; it appears that the time table is not in
jeopardy. The Mayor has not received any information from the consultant hired
regarding Parkland Mall.
Reso. #182-98 - Honoring City of Muskego Eagle Scout - Mark Rommelfaenger.
Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. The Mayor
presented the resolution to Mark.
Reso. #186-98 - Approval of Access to Adrian Drive - Lakeview Highlands North.
Salentine moved for adoption. Chiaverotti seconded. Attorney Molter stated that
something needs to be recorded to officially amend the note on the recorded final plat.
Salentine moved to amend to add to the NOW, THEREFORE, BE IT RESOLVED,
“subject to the appropriate recordable document to amend the note on the final plat of
Lakeview Highlands North to allow such access being submitted by petitioner and
approved by the City.” Slocomb seconded; motion carried. Reso. #186-98, as
amended, adopted 7-0.
COMMITTEE REPORTS
Sanders moved for acceptance of minutes of 9/21/98 Public Utilities Committee.
Woodard seconded; motion carried.
Pionek moved for acceptance of minutes of 9/28/98 Public Works Committee.
Chiaverotti seconded. Slocomb noted discussion took place regarding starting the
draw down of Little Muskego Lake a week earlier next year. The minutes note that the
item will be placed on the agenda one month earlier. It was suggested the issue be
placed on the October committee agenda so specific details can be recorded in the
minutes to be used by the committee when reviewing the issue next year. Motion to
accept minutes carried.
Common Council Minutes Page 2
October 13, 1998
Patterson moved for acceptance of minutes of 10/5/98 Public Services Committee.
Woodard seconded. The Mayor requested that the waiver of refuse/recycling fees for
VIDCOM be sent back to the committee. He believes that the committee would have
made a different determination if background and history information regarding similar
requests had been provided. Patterson stated that the building is vacant. The Mayor
stated that it is available for occupancy and the committee has not excused the fee in
the past when similar requests have been received. Patterson moved for individual
consideration of said paragraph with the issue going back to the committee for further
review. Pionek seconded; motion carried. Motion to accept remainder of minutes
carried. It was determined that calls the aldermen receive regarding restoration
problems as a result of cable should be forwarded (e-mail) to Patterson. He will
contact Warner Cable.
Slocomb moved for acceptance of minutes of 10/7/98 and 10/13/98 Finance Committee
meetings. Sanders seconded. Patterson moved for individual consideration of last
paragraph on page 1 of 10/7/98 minutes regarding salaries for Mayor and Aldermen.
There was no second. Motion to accept minutes carried with 6 to 1 with Patterson
voting “no.”
Minutes of the 10/6/98 Plan Commission meeting and 9/23/98 Library Board meeting
were received and placed on file.
Reso. #183-98 - Resolution to Set Public Hearing Date for 1999 Budget (11/9/98 - 7:00
p.m.). Salentine moved for adoption. Woodard seconded. Motion carried 7-0.
Reso. #184-98 - Amended and Revised Final Resolution Authorizing Installation of
Sewer Improvements and Levying Special Assessments Against Benefited Property
(North Cape/Schaefer Drive Sewer Project MSS-1-98). Sanders moved for adoption.
Woodard seconded. Motion carried 7-0.
Reso. #185-98 - Amended and Revised Final Resolution Authorizing Installation of
Sewer Improvements and Levying Special Assessments Against Benefited Property
(North Cape/Ryan Road Sewer Project MSS-1B-96). Sanders moved for adoption.
Woodard seconded. Motion carried 7-0.
Reso. #187-98 - Acceptance of Quote - Forced Sewer Hookup. Sanders moved for
adoption. Woodard seconded. Motion carried 7-0.
Reso. #188-98 - Resolution for Urban Forestry Grant Program. Slocomb moved for
adoption. Sanders seconded. The Mayor provided explanation as resolution did not
come with a recommendation from the Finance Committee. The Clerk-Treasurer noted
that the City’s $5,000 contribution can be in-kind. Slocomb suggested that resolution
be passed with the specifics discussed at the next Finance Committee meeting. Motion
carried 7-0.
Reso. #189-98 - Relocation Order of the City of Muskego, Waukesha County,
Wisconsin (Loomis/North Cape Road Sanitary Sewer). Sanders moved for adoption.
Woodard seconded. Motion carried 7-0.
Common Council Minutes Page 3
October 13, 1998
Reso. #190-98 - Resolution to Commit Financing - Outboard Motor - Police
Department. Slocomb moved for adoption. Sanders seconded. Motion carried 7-0.
Reso. #191-98 - Authorization to Enter into Partnership Agreement with Coca-Cola
Bottling Co. of Wisconsin. Patterson moved for adoption. Salentine seconded. The
Mayor noted that the Finance Committee recommended approval by adding two minor
amendments to the agreement to address concerns expressed by the city attorney and
to include $100 carrying case. Slocomb moved to amend reso. to indicate the
agreement was amended. Salentine seconded; carried. Reso. #191-98, as amended,
adopted 7-0.
Reso. #192-98 - Resolution Declaring Certain Delinquent Personal Property Taxes to
be Uncollectible. Slocomb moved for adoption. Salentine seconded. It was noted that
the ’96 amounts reflected the portion remaining after payments obtained by the
collection agency. Motion carried 7-0.
Reso. #193-98 - Approval of Revised Pay Grade and Salary (Public Works
Superintendent). Salentine moved for adoption. Slocomb seconded. Discussion took
place about the PE/Civil Engineer requirement, or equivalent. The Mayor stated
equivalent was a combination of knowledge, education and years of service in the field.
The Mayor noted the primary change in the job description is the educational
requirement. Pionek is concerned that the requirement may eliminate qualified
applicants. Motion carried 7-0.
Reso. #194-98 - Establishment of Interim Salary for Acting Public Works
Superintendent. Slocomb moved for adoption. Sanders seconded. Pionek asked how
this relates to the past Superintendent’s pay. The Mayor stated it would be $7,500 to
$8,000 less. This reflects a 10% increase in the individual’s current salary. Motion
carried 7-0.
Reso. #195-98 - Authorize the Hiring of Consultant - Proposed Cable Contract.
Sanders moved for adoption. Slocomb seconded. The Mayor stated Mr. Evans has
extensive experience with the cable industry and that the city used his services for
review of the cell tower agreements. Motion carried 7-0.
Reso. #196-98 - Authorize the Hiring of Special Counsel (Gustafson Counterclaim
Action). Slocomb moved for adoption. Salentine seconded. Attorney Molter stated
that this is most cost effective method. The City would hire the same attorney provided
by its insurance carrier to file counterclaim action against Fidelity with the City paying
one third of the cost. Salentine asked if attorney fees can be recouped and Molter
responded no. Sanders expressed concerns. Salentine moved to amend reso. to
incorporate language as provided by city attorney. Sanders seconded; carried. Reso.
#196-98, as amended, adopted 7-0.
Reso. #197-98 - Resolution Designating Night Time Halloween Trick or Treat Hours.
Patterson moved for adoption. Slocomb seconded. Patterson stated he brought
forward to respond to numerous calls he has received requesting night time hours.
Common Council Minutes Page 4
October 13, 1998
Discussion took place about the 5:30 p.m. to 8:30 p.m. time period. Salentine moved to
amend hours to be from 6:00 p.m. to 8:00 p.m. on 10/31. Woodard seconded; motion
carried 6 to 1 with Pionek voting “no.” Sanders expressed concern about changing day
and time so late. Patterson stated there are many ways to get the message out.
Pionek expressed opposition. He suggested keeping day time this year and reviewing
the night time hours next year. We do not know what will happen in the communities
that have designed night time hours. Chiaverotti stated her constituents favor the night
time. She contacted Chief Johnson who indicated that the night time hours do not
present a safety issue; his concern is an increase in vandalism. Motion to adopt
carried 5 to 2 with Slocomb, Chiaverotti, Patterson, Salentine, and Woodard voting
“yes” and Pionek and Sanders voting “no.”
Ord. #972 - An Ordinance to Amend Chapter 12 to Repeal and Recreate Section 12.07
and Add Section 12.09 (Amusement Devices and Cigarette Licensing). First Reading.
No additional information was required.
Ord. #973 - Establishing Salaries for Certain Elected Officials. First Reading.
Patterson stated the proposed raise in the aldermen’s salaries will place the City on the
high end. This represents a 40% increase over two years. Slocomb stated the last
increase was done in 1991; this isn’t even minimum wage. Patterson requested
information as to where the salaries were in 1991 at the time of the last increase. He
does not favor the high end.
LICENSES
Slocomb moved for approval of Operator Licenses for Tammy Villwock, Cheryl
Cichanowicz, Mary Gruber, and Jonathan Fletcher. Salentine seconded. Motion
carried.
Slocomb moved for approval of Kathleen Farber as agent for “Class B” Retailers’
License for the Sale of Fermented Malt Beverages and Intoxicating Liquors for Favre &
Associates (Broke Spoke). Sanders seconded. Motion carried.
VOUCHER APPROVAL
Slocomb moved for approval of General Vouchers in amount of $914,337.87. Sanders
seconded. Motion carried 7-0.
Sanders moved for approval of Utility Vouchers in amount of $874,939.47. Woodard
seconded. Carried 7-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
It was determined that the presentation for the 2020 Transportation Plan would be
given at a Common Council or Committee of the Whole meeting depending on the
availability of the presenter.
CLOSED SESSION NO. 1
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
Common Council Minutes Page 5
October 13, 1998
is likely to become involved, more specifically Superior Emerald Park, Inc. contested
case. Woodard seconded; carried 7-0.
CLOSED SESSION NO. 2
Chiaverotti 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. Patterson seconded; carried 7-0.
The clerk-treasurer and deputy were dismissed.
Salentine moved to convene into open session. Pionek seconded; motion carried .
Sanders moved to adjourn at 10:58 p.m. Chiaverotti seconded; motion carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer