CM120898
COMMON COUNCIL - CITY OF MUSKEGO (Corrected and
Approved 1/12/99)
MINUTES OF MEETING HELD DECEMBER 8, 1998
The meeting was called to order at 7:55 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. Woodard
was absent.
The Clerk-Treasurer stated the meeting was noticed in accordance with the open
meeting law on 12/4/98.
Slocomb moved for approval of the minutes of 11/24/98. Salentine seconded; motion
carried.
The Clerk-Treasurer read the closed session notices.
Salentine 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 with Town of
Norway Sanitary District. Sanders seconded. Also present were Bill Mielke, Atty.
Molter, and Intern Dave Bajkiewicz. The Clerk-Treasurer and Deputy were not present.
Motion carried 6-0.
The Council reconvened into open session.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor presented an update on the Barker/Johnson and Racine Avenue road
extensions and the 2020 Transportation Plan at the County level. He encouraged
attendance at Tuesday’s County Board meeting. The Mayor also stated Highway 36 is
now open; signals are working.
Reso. #245-98 - Denial of Legal Lot Status - Norgal. Salentine moved for adoption.
Slocomb seconded. Salentine stated the majority of the Plan Commission believed
approval would set a precedent. She voted in favor. Slocomb stated at the time the
subdivision was platted, the lots were considered legal. Salentine stated parcels (10
and 13) are under one tax key number. Legal lot status is now being petitioned for Lot
13. The Mayor stated the lot does not conform to meet existing zoning requirements.
The Plan Commission did not want to create additional legal, nonconforming lots.
Pionek asked for additional information. Was there a sanitary sewer assessment on
this parcel? How many parcels in the area exist that could also petition? Mayor
responded four in the general vicinity. Pionek stated a larger area should be checked.
Mayor estimated approximately 10 similar lots exist in the subdivision. Slocomb
requested a map and noted that when the subdivision was created, no zoning existed.
Salentine stated that an adjoining neighbor spoke at the Plan Commission meeting in
opposition. The Mayor noted that the petitioner has stated another neighbor was also
present and did not speak but is not in opposition. Pionek moved to defer for items to
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December 8, 1998
be addressed. Salentine seconded. Motion carried 5-1 with Slocomb casting the “no”
vote.
Reso. #246-98 - Approval of Certified Survey Map - Villages at Muskego Lakes.
Salentine moved for adoption. Slocomb seconded. The Mayor stated the four parcels
meet existing zoning requirements. Salentine requested privilege of the floor for Mr.
Pucillo to allow him to explain the location of the parcels in relationship to the golf
course and subdivision. There was not objection. Mr. Pucillo stated that Lots 1 and 3
would revert back to the golf course. Motion to adopt carried 6-0.
COMMITTEE REPORTS
Pionek moved for acceptance of minutes of the 11/23/98 Public Works Committee
meeting. Chiaverotti seconded. Motion carried.
Sanders moved for acceptance of minutes of the 12/2/98 and 12/8/98 Finance
Committee meetings. Slocomb seconded. Motion carried.
Minutes of the 12/1/98 Plan Commission meeting and 11/17/98 Library Board meeting
were received and placed on file.
Reso. #228-98 - Approval of Articles of Agreement Between the City of Muskego and
Day & Zimmerman LLC for Annual Maintenance Support Services (Possible
reconsideration). Slocomb moved to reconsider. Salentine seconded; motion carried.
Atty. Molter noted that the Council approved with the insertion of previously used
indemnification language. Day & Zimmerman did not approve that language.
Therefore, new indemnification language was drafted. Salentine moved to amend the
agreement to include the new indemnification language. Slocomb seconded; motion
carried. Resolution #228-98, as amended, adopted 6-0.
Reso. #233-98 - Nomination of Election Officials by Mayor of the City of Muskego.
Sanders moved for adoption. Pionek seconded. The Clerk-Treasurer thanked all of
those individuals who have come forward to accept the two-year term. Motion carried
6-0.
Reso. #234-98 - Intergovernmental Cooperation Agreement for Winter Maintenance of
Portions of West Loomis Road Between the City of Muskego and the City of Franklin.
Slocomb moved for adoption. Salentine seconded. Motion carried 6-0.
Reso. #235-98 - Resolution Amending the Assessment Policy for Construction of
Sanitary Sewers. Sanders moved for adoption. Slocomb seconded. Salentine
questioned the vagueness of the term “reasonable time.” Atty. Molter stated every
situation will have to be reviewed. The Mayor stated he has concerns with the
language. Slocomb stated it was intended in situations where government restricts the
beneficial use of a property. Salentine moved to defer to send the issue back to the
Public Utilities Committee to review language. Atty. Molter recommended that it be
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December 8, 1998
made as restrictive as it can be; specifically define and limit what you want. Sanders
seconded; motion carried.
Reso. #236-98 - Resolution Amending the Assessment Policy for Construction of Water
Mains. Sanders moved for adoption. Slocomb seconded. Sanders moved to defer to
also send back to Public Utilities Committee for the same reason as to the amendment
to the Sewer Assessment policy. Motion carried.
Reso. #237-98 - Approve New and Revised Positions. Salentine moved for adoption.
Slocomb seconded. Mayor requested the second item under the Mayor/Aldermen
heading (Reclass Administrative Assistant) be removed from the resolution at this time
due to the unavailability of the job description. Slocomb moved to amend to delete.
Chiaverotti seconded. The Mayor and Slocomb noted the issue would go back to the
Finance Committee. Motion carried. Reso. #237-98, as amended, adopted 6-0.
Reso. #238-98 - Authorize Execution of Health Insurance for 1999. Salentine moved
for adoption. Chiaverotti seconded. Salentine expressed concern about approving at
this time if Waukesha Memorial Hospital will not accept Compcare after 1/1. The
Mayor stated the problem was with Compcare Advanced Health Network. He has
requested written verification that the company will take the City to a full Compcare
policy in the event the benefits under the Advanced Health Network become
unavailable. The Mayor is requesting approval at this time with the understanding that
if a satisfactory resolution is not achieved, a special Council meeting will have to be
held to deal with the health insurance issue prior to year end. Pionek moved to amend
to reflect dollar amounts are monthly charges. Salentine seconded; motion carried.
Reso. #238-98, as amended, carried 6-0.
Reso. #239-98 - Authorize Execution of Dental Insurance for 1999. Salentine moved
for adoption. Slocomb seconded. Motion carried 6-0.
Reso. #240-98 - Approval of Carriers for the City’s Insurance for 1999. Salentine
moved for adoption. Sanders seconded. Salentine moved to defer for insurance
information to be obtained from the Mayor’s office to clarify deductibles. Slocomb
seconded; carried. The Mayor confirmed that the deductible under the Umbrella is
$10,000 and under the Public Officials, the $10,000 deductible is for damages.
Slocomb requested the deductible under the Umbrella be checked as it should carry
through from the general liability. Chiaverotti moved to amend to remove the $10,000
medical payment from general liability coverage. Sanders seconded. Chiaverotti
expressed concern that the coverage was added at all and the $10,000 limit was
chosen when $1,000 was recommended. Slocomb noted that was the recommendation
of the insurance company. He does not support the City’s exclusion to cover this
liability. Chiaverotti stated she would support a compromise as to the limit but is not
comfortable with the $10,000. Sanders stated he agreed. The Mayor stated the
premium amount has not been affected as the City does not have any history to date
regarding claims. Motion failed 4 to 2 with Slocomb, Patterson, Pionek, and Salentine
voting “no” and Chiaverotti and Sanders voting “yes.” Salentine moved to amend to
clarify the $10,000 deductible under the Public Officials and Employees coverage
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December 8, 1998
provided by Coregis is for damages. Chiaverotti seconded; motion carried. Chiaverotti
moved to change $10,000 medical payment limit to $1,000. Sanders seconded.
Motion failed 4 to 2 with Slocomb, Patterson, Pionek, and Salentine voting “no” and
Chiaverotti and Sanders voting “yes.” Reso. #240-98, as amended, adopted 6-0.
Reso. #241-98 - Disallowance of Claim - Brhely. Salentine moved for adoption.
Chiaverotti seconded. Motion carried 6-0.
Reso. #242-98 - Offer to Purchase - Machulak. Sanders moved for adoption. Slocomb
seconded. Motion carried 6-0.
Reso. #243-98 - Offer to Purchase - Bouraxis. Sanders moved for adoption. Slocomb
seconded. Motion carried 6-0.
Reso. #244-98 - Approval of Certified Survey Map - Kastello, Town of Norway.
Salentine moved for adoption. Sanders seconded. Motion carried 6-0.
Reso. #247-98 - Resolution Expressing Objections to SEWRPC’s Regional
Transportation System Plan for Southeastern Wisconsin: 2020. Salentine moved for
adoption. Pionek seconded. Motion carried 6-0.
Reso. #248-98 - Resolution as to Land Offered to the City by Waukesha County.
Sanders moved for adoption. Slocomb seconded. Salentine moved to amend to add
that the Council approves of “the concept” of the purchase in the first BE IT FURTHER
RESOLVED and to add that the Mayor and Clerk-Treasurer are authorized “to
investigate and proceed, if they deem appropriate, with the acquisition of the property
in question if they feel it is in the best interest of the City” in the last paragraph.
Attorney Molter recommends obtaining title report, determination as to the type of deed,
and physical condition of the property. Slocomb seconded; motion carried. Reso.
#248-98, as amended, adopted 6-0.
Reso. #249-98 - Authorize Execution of Engagement Letter Submitted by Virchow,
Krause & Company LLP for Audit Services for the Year Ending 12/31/98. Sanders
moved for adoption. Salentine seconded. Mayor noted that Conley, McDonald has
merged with Virchow, Krause. Patterson moved to amend to eliminate liability
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paragraph (3 paragraph on page 4) of engagement letter and to authorize the Finance
Director to negotiate new liability language and make any other technical changes to
the terms of the engagement , in consultation with the Mayor and City Attorney.
Chiaverotti seconded; motion carried. Reso. #249-98, as amended, adopted
6-0.
Reso. #250-98 - Approval of Agreement with Waukesha County Department of Aging
for Nutrition Program. Salentine moved for adoption. Patterson seconded. Motion
carried 6-0.
Reso. #251-98 - Approval of Agreement with Waukesha County for Computer Assisted
Mass Appraisal Processing. Slocomb moved for adoption. Salentine seconded.
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December 8, 1998
Salentine moved to defer; attorney concerns have not been addressed. Sanders
seconded; motion carried.
Reso. #252-98 - Resolution to Establish Rescue Fee. Patterson moved for adoption.
Chiaverotti seconded. Motion carried 6-0.
Reso. #253-98 - Approval of Fire Protection Agreement with Muskego Volunteer Fire
Company for 1999. Salentine moved for adoption. Patterson seconded. Salentine
moved to amend agreement to add “more commonly known as all lands west of Lannon
Drive extended north and south and all lands west of Muskego Canal south of Big
Muskego Lake” following the legal description for clarification. Patterson seconded;
motion carried. Reso. #253-98, as amended, adopted 6-0.
Ord. #974 - An Ordinance to Amend the Zoning Map of the City of Muskego. - EA to R-
1 (Duve). First Reading.
Ord. #975 - An Ordinance to Amend Chapter 1, Section 1.09(2) of the Municipal Code
of the City of Muskego (Election Officials). First Reading.
Ord. #976 - An Ordinance to Amend Chapter 12, Section 12.01(7)(d)4. Of the Municipal
Code of the City of Muskego (License Quota). First Reading.
LICENSES
Slocomb moved for approval of operators’ licenses for Melanie Mesich and Michelle
Turcotte. Salentine seconded; motion carried. Slocomb moved for Races on Ice permit
for Muskego Icetronauts to be held 2/14/99. Salentine seconded; motion carried.
VOUCHER APPROVAL
Slocomb moved for approval of General Vouchers in amount of $1,176,545.75.
Sanders seconded. Motion carried 6-0.
Sanders moved for approval of Utility Vouchers in amount of $644,095.20. Chiaverotti
seconded. Motion carried 6-0.
Slocomb moved for approval of Tax Checks in the amount of $2,900. Salentine
seconded. Motion carried 6-0.
CITY OFFICIALS’ REPORTS
The Clerk-Treasurer noted that tax bills were mailed 12/7/98.
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 with Tess
Corners Fire Department. Patterson seconded. Also in attendance were Attorney
Molter and Dave Bajkiewicz. The Clerk-Treasurer and Deputy Clerk were dismissed.
Motion carried 6-0.
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December 8, 1998
Slocomb moved to convene into open session. Pionek seconded; motion carried.
Sanders moved to adjourn at 10:57 p.m. Slocomb seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer