CM011299
COMMON COUNCIL - CITY OF MUSKEGO (Approved-1/26/99)
MINUTES OF MEETING HELD JANUARY 12, 1999
The meeting was called to order at 8:00 p.m. by Mayor De Angelis. Also present were
Aldermen Slocomb, Chiaverotti, Patterson, Pionek, Salentine, and Sanders, City
Attorney Molter, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. Alderman
Woodard was absent.
The Clerk-Treasurer stated the meeting was noticed in accordance with the open
meeting law on 1/8/99.
Salentine moved for approval of minutes of 12/8/98 and 12/23/98 meetings. Chiaverotti
seconded. Salentine requested correction to 12/8 minutes to remove Woodard’s name
from those present as she was absent. Motion to approve minutes with correction
carried.
The Clerk-Treasurer read the closed session notices.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor noted the beginning of a new state legislative period which will deal with
land use issues and town bills. In addition, there are concerns about the proposed
computation of the shared revenue formula and the Mayor will bring a resolution
forward at the next Council meeting to indicate the City’s opposition to the proposed
change. The Mayor also indicated that a joint meeting between the Council and the
City of Franklin may be scheduled in February. Patterson requested meeting be
scheduled in March, if possible.
PERSONAL APPEARANCES
Mr. Dave Anderson of Ehlers and Associates appeared before the Council. The
Finance Director was also present. Mr. Anderson noted the Finance Committee has
recommended that the City refinance existing debt with the purchase of water revenue
refunding bonds and that the water utility repay $1,010,000 of debt which would then
be used to pay off existing debt of the general fund.
Reso. #1-99 - Resolution Authorizing Ehlers and Associates, Inc. to Solicit Competitive
Proposals for Approximately $2,035,000 Water System Revenue. Sanders moved for
adoption. Salentine seconded. Motion carried 6-0.
Reso. #2-99 - Prepayment of Advances Owed to the City by the Water Utility. Sanders
moved for adoption. Salentine seconded. Motion carried 6-0. Mr. Anderson and
Finance Director Gunderson were dismissed.
Pionek 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 discussion and interview for Public Works Superintendent. Slocomb
seconded. Motion carried 6-0. The Clerk-Treasurer, Deputy and City Attorney were
not present. Sanders moved to reconvene into open session. Salentine seconded.
Motion carried 6-0.
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January 12, 1999
Reso. #3-99 - Resolution Confirming the Selection of Public Works Superintendent.
(Wayne Delikat). Slocomb moved for adoption. Pionek seconded. Motion carried 6-0.
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 6-0. Also present were City Attorney Molter
and Attorney Harrington (Godfrey & Kahn). Clerk-Treasurer and Deputy were not
present. Sanders moved to reconvene into open session. Pionek seconded. Motion
carried 6-0.
Reso. #245-98 - Denial of Legal Lot Status - Norgal, on the floor, deferred 12/8/98.
The Mayor noted map and assessment information was provided. The Mayor stated
the combined lots indicated on the map were at one time owned individually. Pionek
stated it is a lot due to an assessment levied for sewer. Salentine moved to amend to
change denial to approval noting she supported at the Plan Commission level. Pionek
seconded; motion carried. Reso. #245-98, as amended, adopted 5 -1 with Patterson
casting the “no” vote.
Reso. #6-99 - Approval of Certified Survey - Wilkinson Estates Addition No. 1.
Salentine moved for adoption. Slocomb seconded. Salentine moved to amend to
include condition that a sign be placed (at end of Pasadena Drive) indicating future
extension of the road and that any future land divisions will require the remainder of the
road to be constructed. Slocomb seconded; motion carried. Pionek asked about the
size of the temporary cul de sac. Salentine requested privlege of the floor to allow Mr.
Pelzmann to respond. There were no objections. Mr. Pelzmann stated he believes it is
90’. Pionek asked if there was also an easement on Outlot No. 3. Mr. Sadowski
responded that he will have to check. Reso. #6-99, as amended, adopted 6-0.
Ord. #978 - An Ordinance to Amend the Zoning Map of the City of Muskego RS-3 to
RS-3/OOS (Rozeski). First Reading. Sanders asked how the conditions desired by the
Plan Commission, such as retaining the residential appearance and the use of wooden
signage, would be achieved. The Mayor stated they will be addressed under review of
the building, site and operation plan. Any future modifications to the plan once
approved would have to go back to the Plan Commission for review.
Reso. #4-99 - Resolution to Establish Fees (Plan Department). Salentine moved for
adoption. Sanders seconded. Salentine asked for the rationale of increasing the
zoning permit fee for sheds under 120 sq. feet from $10 to $13 and leaving the same
fee for garages over 120 sq. feet at $35. Mr. Sadowski stated his review indicated the
need for the increase but what specifically caused it was not outlined in the information
he had with him. He said it was most likely due to increased labor costs. Sanders
asked what was involved in review of smaller sheds. Mr. Sadowski responded the
review of subdivision deed restrictions and zoning, the review of offsets and setbacks,
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January 12, 1999
height and square footage of the building. Sanders asked how many there were for the
year? Mr. Sadowski stated an estimate of 60. Salentine asked for justification for the
Board of Appeals fee. Mr. Sadowski stated that there are publication and mailing
costs, as well as mileage and extensive staff time involved. Sanders stated he
supports leaving the fee for small sheds at $10. Slocomb expressed concern that both
building permit and zoning permit fees could amount to 10% of the project cost, for a
$500 shed, for example. The Mayor explained that the fees cover the actual costs
which has been the object in the past. He noted that they could be subsidized using
other funding sources. Slocomb moved to amend the proposed $13 zoning permit for
sheds under 120 sq. feet to $10. Sanders seconded; motion carried 5 - 1 with Pionek
casting “no” vote. Reso. #4-99, as amended, adopted 5 - 1 with Pionek casting the “no”
vote.
Reso. #222-98 - Resolution as to Appeal Regarding Compensation and Classification
Plan for Nonrepresented Employees (IS Director), on the floor, deferred 11/24/98.
Chiaverotti moved to amend to support the recommendation of Mr. Gethmann and
approve appeal upgrading position to 796 points and a grade of M9 with salary at 90%
of midpoint. Patterson seconded. Motion carried 4 to 2 with Slocomb, Chiaverotti,
Pionek, and Sanders voting “yes” and Patterson and Salentine voting “no.” Slocomb
and Patterson stated they cannot support; they have concerns with reworking of
numbers. Salentine stated the resolution is about the appeal that was submitted and
not about Mr. Gethmann’s recommendation. She cannot support as she does not
believe the appeal was justified. She stated it is her belief that some of the issues
contained in the appeal were taken into consideration at the time of the initial review of
the position by Mr. Gethmann. Reso. #222-98, as amended, defeated 4 - 2 with
Slocomb, Patterson, Pionek, and Salentine voting “no” and Chiaverotti and Sanders
voting “yes.”
Reso. #8-99 - Resolution as to Appeals Regarding New Payment Plan Implementation
Schedule. Sanders moved for adoption. Patterson seconded. Motion carried 5 - 1
with Slocomb casting the “no” vote.
COMMITTEE REPORTS
Slocomb moved for acceptance of minutes of the 1/6/99 and 1/12/99 Finance
Committee meetings. Sanders seconded. Clerk requested minor correction on page 1
of 1/6/99 minutes changing “RCA” to “WCA” under Bond Refunding issue. Motion
carried.
Patterson moved for acceptance of minutes of the 1/4/99 Public Services Committee
meeting. Pionek seconded. Patterson moved for individual consideration of Naming
and Signage for STH 36 with issue to be sent back to committee for clarification.
Pionek seconded. Motion carried. Pionek moved to add the word “renting” (for
clarification) before “vaccuum equipment” in the last line of the Status of
Recycling/Refuse - Yard Waste Pickup paragraph (on page 1). Patterson seconded;
motion carried. Motion to accept minutes as noted above carried.
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January 12, 1999
Minutes of the 12/15/98 and 1/5/99 Plan Commission meetings were received and
placed on file. Salentine noted that the Plan Commission minutes need to be clarified
regarding the Santi rezoning petition. Minutes of the 12/3/98 Library Board meeting
were received and placed on file with Chiaverotti acknowledging the generous donation
of Mr. Christenson to the new library.
Reso. #251-98 - Approval of Agreement with Waukesha County for Computer Assisted
Mass Appraisal Processing, on the floor, deferred 12/8/98. Attorney Molter outlined the
amended indemnification language noting the county already entered into an
agreement with CLT and the language in this agreement needs to reflect that language.
Salentine moved to amend to approve with amended agreement as attached. Sanders
seconded; motion carried. Reso. #251-98, as amended, adopted 6-0.
Ord. #974 - An Ordinance to Amend the Zoning Map of the City of Muskego. - EA to R-
1 (Duve). Second Reading. Salentine moved for adoption. Sanders seconded.
Motion carried 6-0.
Ord. #975 - An Ordinance to Amend Chapter 1, Section 1.09(2) of the Municipal Code
of the City of Muskego (Election Officials). Second Reading. Sanders moved for
adoption. Chiaverotti seconded. Motion carried 6-0.
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). Second Reading. Sanders moved for
adoption. Salentine seconded. Motion carried 6-0.
Reso. #5-99 - Approve Revised Position - Administrative Assistant. Patterson moved
for adoption. Salentine seconded. Salentine moved to amend to state effective “upon
passage of this resolution” and insert hourly wage of $16.10 which represents a 5.5%
increase. Patterson seconded; motion carried. Reso. #5-99, as amended, carried 6-0.
Reso. #7-99 - Resolution as to Appeal Regarding Compensation and Classification
Plan for Nonrepresented Employees (Deputy City Clerk). Slocomb moved for adoption.
Sanders seconded. Chiaverotti moved to amend to support recommendation of Bart
Gethmann and approve appeal upgrading position from 269 points to 299 points and
pay range from G6 to G7 with employee to receive a 1% increase retroactive to July 1,
1998, with new hourly rate to be $16.17. Slocomb seconded; motion carried. Reso.
#7-99, as amended, adopted 6-0.
Reso. #9-99 - Authorization for City Attorney to File a Memorandum with the State of
Wisconsin Waste Facility Siting Board Relative to the Application for Arbitration
Regarding Superior Emerald Park Landfill Expansion. Slocomb moved for adoption.
Salentine seconded. Slocomb moved to amend changing the word “application” to
“petition” in the title. Sanders seconded; motion carried. Reso. #9-99, as amended,
adopted 6-0.
Reso. #10-99 - Resolution as to Appeal Regarding Compensation and Classification
Plan for Nonrepresented Employees (City Clerk-Treasurer). Salentine moved for
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January 12, 1999
adoption. Chiaverotti seconded. Chiaverotti moved to amend to deny appeal based on
recommendation of Bart Gethmann. Slocomb seconded, carried. Reso. #10-99, as
amended, adopted 5 - 1 with Patterson voting “no.”
Ord. #977 - An Ordinance to Amend the Zoning Map of the City of Muskego RS-2 to I-1
(Santi). First Reading. Attorney Molter noted he will contact Mr. Sadowski to review
any proposed restrictions regarding the rezoning.
LICENSES
Slocomb moved for approval of operators’ licenses for Patrick Mead, Jennifer Doleshal,
Gerald Gerth, Gretchen Howell, and Lisa Dick (with 3, 6, 9 and 12 mo. review).
Sanders seconded; motion carried.
VOUCHER APPROVAL
Slocomb moved for approval of General Vouchers in amount of $644,591.04. Sanders
seconded. Motion carried 6-0.
Slocomb moved for approval of Tax Checks in the amount of $11,846,073.75. Sanders
seconded. Motion carried 6-0.
Sanders moved for approval of Utility Vouchers in amount of $1,287,651.43. Slocomb
seconded. Motion carried 6-0.
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 with Tess
Corners Fire Department. Slocomb seconded. Also in attendance were Attorney
Molter and Dave Bajkiewicz. The Clerk-Treasurer and Deputy Clerk were dismissed.
Motion carried 6-0.
Salentine moved to convene into open session. Slocomb seconded; motion carried.
Pionek moved to adjourn at 12:34 a.m. Chiaverotti seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer