CM020999
COMMON COUNCIL - CITY OF MUSKEGO (Approved - 2/23/99)
MINUTES OF MEETING HELD FEBRUARY 9, 1999
The meeting was called to order at 7:59 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 minutes of the 1/26/99 meeting. Woodard seconded;
motion carried.
The Clerk-Treasurer read the closed session notice.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor read Proclamation declaring 2/14 - 2/20 Vocational Education Week.
The Council determined that the joint Council meeting with the City of Franklin will be
held 3/25 at 7:00 p.m. with Franklin hosting.
Reso. #20-99 - Resolution Honoring Muskego Eagle Scout Todd Wallschlaeger.
Salentine moved for adoption. Sanders seconded. Motion carried 7-0. Todd
explained his Eagle Scout project following presentation of the resolution to him by
Mayor De Angelis.
Prior to discussion on Reso. #24-99, Mayor De Angelis noted that the City is
considering the creation of a TIF district to remove the blight and enhance the site.
Eligible items that the City believes are appropriate should be included in the district
because the City will make the final decision following the submittal of a plan. The
Mayor urged the Council members to keep in mind what their responsibilities are as
elected officials. The Mayor noted that correspondence has been received from Mr.
Dyer of Parkland Ventures making various allegations and demands. Attorney Molter
stated he received correspondence from Mr. Dyer demanding the disqualification of
Ald. Salentine from participation and deliberation on issues affecting the Parkland Mall
property. Attorney Molter presented his response. There is no procedure he is aware
of for the Common Council to disqualify any elected aldermen from voting. Only the
particular alderman may seek an excuse for voting on an issue for a special cause.
There are three categories of situations that an aldermen may use to attempt to be
excused from participating in certain Council decisions. One involves potential criminal
violations. Anyone who thinks that situation is present here should go to the district
attorney’s office. The second involves violations of the ethics code. These normally
involve allegations that people in public office are doing things for private gain. Also
enforced by the district attorney or attorney general. The third category involves an
alderman not acting on any matter that he/she believes cannot be done fairly or
impartially, or where the aldermen believes there will be an undue appearance of
impropriety to the public at large. This decision cannot be dictated by the Common
Council; it is up to each individual aldermen. Attorney Molter stated he will not be put
in a position to be used by any particular political faction to its advantage. Also in
response to an allegation contained in Mr. Dyer’s correspondence that an open
Common Council Minutes Page 2
February 9, 1999
meeting violation occurred on 2/5/99, the Mayor stated he does not believe that any
violation transpired.
Reso. #24-99 - Resolution to Place an Advisory Referendum Question on the April 6,
1999 Ballot. Salentine moved for adoption. Patterson seconded. Salentine stated she
requested that this be placed on the agenda. She believes she has properly
represented the interests of the people in her district. However, she would like to put
this issue in the hands of the people. The Council is divided on this issue and the
referendum will eliminate the accusations. Pionek opposes and moved to defer.
Woodard seconded. Motion defeated 4-3 with Slocomb, Patterson, Salentine, and
Sanders voting “no” and Chiaverotti, Pionek, and Woodard voting “yes.” Patterson
stated support for referendum. Chiaverotti stated a referendum does not always give
you a clear cut answer; the public can be misinformed. She stated the Council needs
to make a decision and move forward. Slocomb stated the referendum will address the
issue of public policy; feedback from the community is needed. Woodard agreed with
Chiaverotti. The issue is timing. If TIF is approved, project can move forward. Health
issues exist; the building needs to come down. The Mayor noted that the public will
have an opportunity to provide input at the TIF public hearings. Sanders stated the
issue is complicated and it may be difficult to educate the public. We are elected to
make decisions and have the background information to do so; let’s get the ball rolling.
Motion to adopt failed 4-3 with Chiaverotti, Pionek, Sanders, and Woodard voting “no”
and Slocomb, Patterson, and Salentine voting “yes.”
Reso. #26-99 - Resolution as to Defining and Establishing Potential TIF-Eligible
Expenses for Parkland Mall Property. Salentine moved for adoption. Chiaverotti
seconded. Salentine stated the resolution is written as recommended by Committee of
the Whole and she supports. Sanders asked if items can be added. Mayor suggested
better to add to list now. Sanders moved to amend to include “burying electric and
other wire carrying services underground” to the list. Slocomb seconded; motion
carried. Woodard moved to include “demolition” to the list. Sanders seconded.
Discussion took place about the dollar amounts of all the items with the Mayor stating
that they will have to be reviewed. He stated the financial decisions can be made later.
Mayor read letter he received in opposition to the tax incremental financing signed by
seven property owners. Chiaverotti states she can support demolition. It is allowed by
state statutes. TIF allows the developer to use funds that do not have to be spent on
the project to enhance the development. Slocomb stated the inclusion of demolition
changes the flavor of the resolution. He does not support. Motion to amend carried 4-
3 with Chiaverotti, Pionek, Sanders, and Woodard voting “yes” and Patterson,
Slocomb, and Salentine voting “no.” Woodard moved to include “signature feature” to
the list. Pionek seconded. Some aldermen believed the signature feature was already
included in the economic incentive category. Motion failed 4-3 with Slocomb,
Chiaverotti, Patterson, and Salentine voting “no” and Pionek, Sanders, and Woodard
voting “yes.” Reso. #26-99, as amended, adopted 4-3 with Chiaverotti, Pionek,
Sanders, and Woodard voting “yes” and Slocomb, Patterson, and Salentine voting “no.”
Common Council Minutes Page 3
February 9, 1999
COMMITTEE REPORTS
The Committee of the Whole minutes were not available. Slocomb moved for
acceptance of the Finance Committee minutes of 2/3/99 and 2/9/99. Salentine
seconded; motion carried.
Patterson moved for acceptance of the Public Services Committee minutes of 2/1/99.
Pionek seconded. Mayor requested that any action to continue the process to rename
Loomis Drive to Loomis Court be deferred until after the joint meeting is held with the
City of Franklin. Motion to accept carried.
Minutes of the 2/2/99 Plan Commission meeting were received and placed on file with
Mayor providing clarification regarding Reso. #P.C. 8-99.
Ord. #979 - An Ordinance to Amend Chapters 8, 20, and 26 of the Municipal Code of
the City of Muskego - Establishing Procedures for Naming of Public Property. Second
Reading. Slocomb moved for adoption. Woodard seconded. Intern Dave Bajkiewicz
was present to answer questions regarding the ordinance. Slocomb moved to amend
as follows: change 20.12 (2) “Proposed names for public waters require approval of
the Wisconsin Geographic Names Council in order to be recognized on maps outside
the City” to be placed as a note at the beginning of said section, create 20.12 (2) to
read, “Once a public body of water is named after a person, the name of the public
body of water cannot be changed for a period of one hundred years” and following “To
request the renaming of a City street” in 8.05 (1) add “by anyone other than the City.”
Pionek seconded; motion carried. Ord. #979, as amended, adopted 7-0.
Reso. #21-99 - Resolution to Rename Parkland Plaza Park (to Manchester Hill Park).
Patterson moved for adoption. Woodard seconded. Patterson moved to amend to
include “following the publication of Ordinance #979” at the end of the NOW,
THEREFORE, BE IT RESOLVED. Pionek seconded; motion carried. Reso. #21-99, as
amended, adopted 7-0.
Reso. #22-99 - Acceptance of Improvements - Bike Path - Boldt/Irgens Development.
Pionek moved for adoption. Patterson seconded. Motion carried 7-0.
Reso. #23-99 - Amendment to 1999 Budget. Slocomb moved for adoption. Salentine
seconded. Motion carried 7-0.
Reso. #25-99 - Approval of Revised Job Description, Pay Grade and Salary Range
(Civil Technician/Building Inspector Position). Salentine moved for adoption. Slocomb
seconded. The Mayor noted this position is a revision of a previous one. Motion
carried 6-1 with Patterson casting the “no” vote.
Ord. #980 - An Ordinance to Amend Chapter 17, to Add Section 9.11 and Amend
Section 2.02 of the Municipal Code of the City of Muskego (Wellhead Protection
District). First Reading. Slocomb requested the Plan Dept. provide support
documentation to the other aldermen.
Common Council Minutes Page 4
February 9, 1999
LICENSES
Slocomb moved for approval of operators’ licenses for Phillip Lima, Shana Bakke,
Kimberly Blake, and Daniel Gieseph (subject to 3, 6, 9, and 12 mo. review). Salentine
seconded; motion carried.
Slocomb moved for approval of “Class B” Retailers’ License for the Sale of Fermented
Malt Beverages and Intoxicating Liquor for Pioneer Inn, Inc. subject to reviews in March
and May Salentine seconded. Motion carried 7-0.
VOUCHER APPROVAL
Slocomb moved for approval of General Vouchers in amount of $523,757.52.
Salentine seconded. Motion carried 7-0.
Slocomb moved for approval of Tax Checks in the amount of $32,023.01. Sanders
seconded. Motion carried 7-0.
Sanders moved for approval of Utility Vouchers in amount of $57,426.02. Woodard
seconded. Motion carried 7-0.
Slocomb 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 compensation and classification study for represented employees.
Sanders seconded. Motion carried 7-0. Mr. Gethmann was present for closed session.
The clerk and deputy were dismissed.
Sanders moved to reconvene into open session. Pionek seconded; motion carried.
Salentine moved to adjourn at 10:48 p.m. Slocomb seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer