CM030999
COMMON COUNCIL - CITY OF MUSKEGO (Approved-3/23/99)
MINUTES OF MEETING HELD MARCH 9, 1999
The meeting was called to order at 7:41 p.m. by Mayor De Angelis. Also present were
Aldermen Slocomb, Chiaverotti, Patterson, Pionek, Salentine, Sanders, and Woodard,
City Attorney Molter, Plan Director Sadowski, Utilities Superintendent Kloskowski,
Clerk-Treasurer Marenda, and Deputy Clerk Blenski.
The Clerk-Treasurer stated the meeting was noticed in accordance with the open
meeting law on 3/5/99
Salentine moved for approval of minutes of the 2/23/99 meeting. Sanders seconded;
motion carried.
The Clerk-Treasurer read the closed session notices.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor read Proclamation declaring Friday, 4/30/99 as Arbor Day.
COMMITTEE REPORTS
Patterson moved for acceptance of the Public Services Committee minutes of 3/1/99.
Pionek seconded. Motion carried.
Slocomb moved for acceptance of the Finance Committee minutes of 3/3/99 and
3/9/99. Sanders seconded. Motion carried.
Pionek moved for acceptance of the Public Works Committee minutes of 2/22/99.
Chiaverotti seconded. Motion carried. Sanders discussed the County’s response that
traffic signals were not warranted at the intersection of Racine and Kelsey at this time.
Minutes of the 3/2/99 Plan Commission meeting and 2/24/99 Library Board were
received and placed on file. The Mayor noted that groundbreaking for the new library
would be held at 5:00 on 3/15/99.
OLD BUSINESS
Ord. #934 - An Ordinance to Amend Chapter 14 to Add Section 1.5(2)(n) of the
Municipal Code of the City of Muskego - Floodplain Zoning Ordinance: Official Map
(Plum Creek), deferred 6/24/97. Removed from the agenda.
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). On the floor, deferred 2/23/99. Mr. Sadowski noted that the public hearing to
rezone the affected properties was scheduled for 3/23 and representatives from
Ruekert & Mielke would be present . He outlined the primary and secondary areas of
the district using GIS mapping. He stated that notices were sent to the affected
property owners in both areas with a copy of the proposed ordinance and an
explanation as to restrictions. Superintendent Kloskowski stated that the five year Time
of Travel (TOT) was located within the primary area. Salentine asked about
grandfathering existing uses. Mr. Kloskowski stated that there were no existing uses
that would be prohibited. The operation of Kohne salvage is within the secondary zone
and would be permitted. Slocomb asked if any surveying was done regarding the
presence of underground tanks used for heating purposes. Mr. Kloskowski responded
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March 9, 1999
no. Slocomb presented specific concerns about the ordinance iteself. He requested
clarification of “fuel oil storage tank” referred to under 9.11(7) A. 2. Mr. Kloskowski
stated documentation he has refers to an “oil storage tank.” Slocomb asked if the
reference to facilities referred to in 9.11(7) A. 8. pertained to both the primary and
secondary areas. Mr. Kloskowski responded yes. Slocomb noted that the section
pertained to prohibited uses and requested that it be better defined. Slocomb
requested clarification of some of the other items contained in section A. 8. with
Superintendent Kloskowski responding. Mr. Kloskowski noted that none of these
facilities currently exist in the wellhead protection area. Salentine moved to defer.
Slocomb seconded; motion carried.
Ord. #981 - An Ordinance to Amend Chapter 28, Section 28.02 of the Municipal Code
of the City of Muskego (Water Utility - Control of Water Quality, Wellhead Protection
District). Second Reading. Sanders moved for adoption. Woodard seconded.
Sanders moved to defer to coincide with action taken on Ord. #980. Slocomb
seconded; motion carried.
Planning Director Sadowski and Utilities Superintendent Kloskowski were dismissed
from the meeting at 8:15 p.m.
NEW BUSINESS
Reso. #35-99 - Recognition of 25 Years of Service - Sgt. Paul Manske. Patterson
moved for adoption. Salentine seconded. Motion carried 7-0. Mayor De Angelis
acknowledged and applauded the fine efforts of Sgt. Manske who was unable to attend
the meeting.
Reso. #36-99 - Approval of Fire Protection Contract with Tess Corners Volunteer Fire
Department for 1999. The Clerk noted that the reference to the date of 1/1/2000 in the
contract was corrected to 1/1/1999 at the Finance Committee level. Salentine moved
for adoption. Patterson seconded. Carried 7-0.
Reso. #37-99 - Authorize Execution of Agreement between the City of Muskego and
Tess Corners Volunteer Fire Department. Patterson moved for adoption. Salentine
seconded. Slocomb moved to amend the last BE IT FURTHER RESOLVED to read
“that for 1999 funds will be reserved from the general undesignated fund balance and a
separate trust and agency fund created during the 2000 budget process.” Chiaverotti
seconded; motion carried. Patterson thanked the fire department personnel for working
with the Council to bring a resolution to this issue. Reso. #37-99, as amended,
adopted 7-0.
Reso. #38-99 - Initial Resolution Authorizing the Issuance of General Obligation
Promissory Note to Finance Infrastructure Costs to Countywide Trunked Radio System.
Sanders moved for adoption. Salentine seconded. Motion carried 7-0.
Reso. #39-99 - Resolution of City Appointment to Joint Review Board. Woodard
moved for adoption. Sanders seconded. Mayor noted that he generally makes a
recommendation to the Council regarding appointments. Ald. Woodard requested
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March 9, 1999
this resolution be brought forward. The Mayor noted it would be his recommendation
that he or the City’s Finance Director serve on the board. Woodard stated there is
more accountability if the appointee is an elected official. She noted her reasons for
choosing Pionek were contained in the resolution. Salentine stated she takes the
opposite position in that an elected official should not be appointed. She prefers
appointment of the City’s Finance Director. She asked if there could be a conflict with a
voting member of the Council also serving and voting on the Joint Review Board. Atty.
Molter stated Quarles & Brady was the City’s bond counsel. The Mayor noted that the
Council has a representative that sits on the Plan Commission and votes on issues as
a member of both bodies. Slocomb stated issues of the Joint Review Board are
financial; he recommends appointment of the Finance Director. Woodard noted that
input and advice of the Finance Director will be available even if she is not a member of
the board. Slocomb moved to amend the reso. to take out the third WHEREAS and
change appointment to the City’s Finance Director Dawn Gunderson. Chiaverotti
seconded. Discussion continued with Patterson stating that the appointment should be
someone from the Council; he has a problem with it being a staff member. Slocomb
stated this is a watchdog group. You want to take it out of the political arena. The
review should be financially based. Salentine asked who usually represents the other
taxing entities. The Mayor responded it is often a person from their Finance
Department. Pionek stated it will still be political. The Mayor looks over the finance
director’s shoulders. Pionek stated there are rumors that he is getting something under
the table all because he changed his mind regarding tax incremental financing. He
said his reason for changing his mind was primarily to save the taxpayers two million
dollars for stormwater management. Chiaverotti stated some Council members do not
think it should be someone political no matter who it is; this is not personal against him.
She stated Finance Director is the best choice to answer the financial issues.
Woodard stated that the Finance Director was not an expert on stormwater
management. Salentine responded that dollars are what is involved. Salentine called
for the question. Patterson objected. Motion failed 6-1 with Salentine casting the only
“yes” vote. Patterson stated the appointee should be someone who represents the
constituents. Mayor De Angelis stated that the person representing the City will be
voting based on the recommendation and direction given by the Plan Commission and
Common Council. Sanders noted that since the bottom line dollar impact is involved,
Dawn Gunderson is better as to the numbers. He questioned the amount of two million
dollars referred to by Pionek for stormwater as that is not the amount reflected in the
plan. The Mayor stated that the total for the entire plan is just over two million dollars
and if the entire amount is spent on stormwater management, the other items will have
to be eliminated. Pionek stated that is the amount needed to do the project the correct
way; other funding sources will be explored. Motion to amend to appoint Finance
Director Dawn Gunderson carried 4-3 with Slocomb, Chiaverotti, Salentine, and
Woodard voting “yes” and Patterson, Pionek, and Sanders voting “no.” Reso. #39-99,
as amended, adopted 5-2 with Slocomb, Chiaverotti, Salentine, Sanders, and Woodard
voting “yes” and Patterson and Pionek voting “no.”
LICENSES
Slocomb moved for approval of operators’ licenses for Susan Wysk, Kathy Golubski,
Zanie Tsopelas, Tina Ehlers, and Angela Williams. Salentine seconded; motion
carried.
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March 9, 1999
VOUCHER APPROVAL
Slocomb moved for approval of General Vouchers in amount of $440,204.53.
Salentine seconded. Motion carried 7-0.
Slocomb moved for approval of Tax Checks in the amount of $687.62. Sanders
seconded. Motion carried 7-0.
Sanders moved for approval of Utility Vouchers in amount of $86,926.40. Slocomb
seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
The Clerk-Treasurer noted that the Loomis Road sewer assessment public hearing was
scheduled for 3/11/99 at 7:00 p.m.
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.
Sanders 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 Interim Construction
Agreement with Superior Emerald Park, Inc. Patterson seconded. Motion carried 7-0.
Salentine 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. Patterson seconded. Motion carried 7-0. The Clerk and Deputy were dismissed.
Pionek moved to reconvene into open session. Slocomb seconded; motion carried.
Pionek moved to adjourn at 10:31 p.m. Slocomb seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer