CM041399
COMMON COUNCIL - CITY OF MUSKEGO (Approved)
MINUTES OF MEETING HELD APRIL 13, 1999
The meeting was called to order at 7:44 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 4/9/99 and on 4/12/99, as amended.
Salentine moved for approval of minutes of the 3/23/99 and 3/25/99 meetings.
Slocomb seconded; motion carried.
The Clerk-Treasurer read the closed session notices.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor stated that he will be reorganizing the Stormwater Management Committee
reducing the number of members to seven. Interviewing for the Plan Director position
will begin shortly with the Mayor, Ald. Slocomb, the Finance Director, and a planner
from another community serving on the selection committee.
COMMITTEE REPORTS
Slocomb moved for acceptance of the Finance Committee minutes of 4/7/99 and
4/13/99. Sanders seconded; motion carried.
Pionek moved for acceptance of the 3/22/99 Public Works Committee minutes.
Salentine seconded; motion carried.
Pionek moved for acceptance of the 4/5/99 Public Services Committee minutes.
Chiaverotti seconded; motion carried.
Reso. #50-99 - Honoring City of Muskego Eagle Scout Matthew R. Anger. Salentine
moved for adoption. Pionek seconded. Motion carried 6-0.
Reso. #51-99 - Honoring City of Muskego Eagle Scout Christopher J. Hagen. Slocomb
moved for adoption. Patterson seconded. Motion carried 6-0.
Reso. #52-99 - Honoring City of Muskego Eagle Scout Kurtis R. Hammitt. Sanders
moved for adoption. Salentine seconded. Motion carried 6-0.
The Mayor applauded the efforts of the three scouts who achieved the rank of Eagle
and thanked them for their contributions to the community.
Ord. #982 - An Ordinance to Amend the Zoning Map of the City of Muskego - I-2,
RS1/RS-3/OIP, RS-1/OPD, RS-1/OED, RS-1/R-I/L/RS-2, RS-1/OIP, RS-1/A, RS-1, RS-
2, RS-2/R-1, RS-3, RS-3/OIP, RS-3/OPD, R-1, RCE, RCE/OA, RCE/OIP, EA and EA/R-
1/L to Add the OWP Overlay (Wellhead Protection District). Second Reading.
Sanders moved for adoption. Slocomb seconded. Motion carried 6-0.
Common Council Minutes Page 2
April 13, 1999
Ord. #983 - An Ordinance to Amend Chapter 20, Section 20.02 (3) of the Municipal
Code of the City of Muskego (Additional Regulations - Motorboats). Second Reading.
Salentine moved for adoption. Chiaverotti seconded. Motion carried 6-0.
Reso. #41-99 - Final Resolution Authorizing Installation of Sewer Improvements and
Levying of Special Assessments Against Benefited Property (Loomis Road/State Hwy.
45 Sewer Project MSS-1C-96, Assessment District “SO”). Slocomb moved for
reconsideration. Sanders seconded; motion carried. Slocomb moved to amend
st
paragraph 7. to strike, “on or before the first November 1 after the end of the deferral”
and add “pursuant to the policy of the City set forth in Resolution #283-97 and
amended in Resolution #235-98, to the extent not modified by this Resolution” following
the words “said assessment shall be paid in cash in full.” Sanders seconded; motion
carried. Reso. #41-99, as amended, adopted 6-0.
Reso. #48-99 - Resolution to Create Interim Deputy Building Director. Slocomb moved
for reconsideration. Salentine seconded; motion carried. Slocomb moved to amend
resolution as proposed. The position, with 475 points, will be in the M3 pay range. The
current employee would continue to receive $22.26 per hour until the City
Engineer/Building Director position is filled at which time the hourly salary will be
$21.63. Salentine seconded; motion carried. Reso. #48-99, as amended, adopted 6-0.
There was no reason for the Council to convene into Closed Session No. 1.
Reso. #57-99 - Resolution as to Interim Agreement with Superior Emerald Park, Inc.
Slocomb moved for adoption. Salentine seconded. Slocomb provided a synopsis as to
the interim agreement. The purpose is twofold. It sets certain guarantees to the City
by Superior Emerald Park in exchange for the City dropping out of the contested case.
It also guarantees that should negotiations in the contract come to a halt, Superior
would submit Exhibit 2 as attached to the Interim Construction Agreement to the Waste
Facility Siting Board. Slocomb noted that Exhibit 2 represents what the Siting
Committee has negotiated thus far. There is additional work that needs to be done to
produce the final agreement. Slocomb stated some of the benefits to be received. The
City would receive $1,296,000 in addition to the 76 cents per ton currently received for
the additional material deposited in the existing landfill. Superior has also agreed to a
maximum elevation of 960 feet, as well as allowing the City to have plan operation
review for the landfill. The City will also receive funds to help pay off the expenses
incurred as a result of the contested case. Superior will also fund a landfill liaison
compliance officer position and indemnify the City against costs incurred to connect to
the MMSD sewer system. Upon execution of this Agreement, Superior will be able to
start clay extraction for the first 25 feet of depth subject to approval by the DNR. If a
final agreement cannot be reached, the issue will go to arbitration before the Waste
Facility Siting Board. Patterson requested privlege of the floor for Siting Committee
Chairman Jackie Schweitzer. There were no objections. Ms. Schweitzer stated the
siting committee has worked very diligently to represent the City’s interests and
concerns. She noted that this was an interim construction agreement and that the
committee’s vote was unanimous to forward it to the Council. She further stated that
the committee will continue to work toward reaching a final agreement. The Mayor
thanked Chairman Schweitzer and the siting committee for their efforts. It is anticipated
that negotiations can be concluded by the May 15 deadline. Slocomb moved to amend
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April 13, 1999
reso. to add the word “construction” prior to the word “agreement” and to add “BE IT
FURTHER RESOLVED That the Mayor is authorized to sign the agreement in the
name of the City.” Patterson seconded; motion carried. Reso. #57-99, as amended,
adopted 6-0.
Reso. #53-99 - Denial of Claim of Reservco, Inc. as to 1998 Personal Property Tax.
Sanders moved for adoption. Salentine seconded. City attorney noted the assessor
did not receive substantial proof which is the reason for the denial. Motion carried 6-0.
Reso. #54-99 - Granting Placement of Water Ski Jump on Bed of Little Muskego Lake
and Placement of Pier at Idle Isle. Patterson moved for adoption. Slocomb seconded.
Motion carried 6-0.
Reso. #55-99 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit
(Avian Estates). Salentine moved for adoption. Sanders seconded. Salentine moved
to amend “Park” Estates to “Avian” Estates in the NOW, THEREFORE, BE IT
RESOLVED, and in the first BE IT FURTHER RESOLVED paragraph to remove “or
COGO” file and change “Road to be Extended” sign to read “Future Road Extension.”
Chiaverotti seconded; motion carried. Reso. #55-99, as amended, adopted 5 in favor
with Pionek abstaining.
Reso. #56-99 - Approval of Amendment to 1998 Budget. Salentine moved for adoption.
Sanders seconded. Motion carried 6-0.
Reso. #58-99 - Resolution for Outdoor Recreation Aids (Kurth Park). Patterson moved
for adoption. Salentine seconded. Motion carried 6-0.
Reso. #59-99 - Resolution for Outdoor Recreation Aids (Leisure Park). Patterson
moved for adoption. Slocomb seconded. Motion carried 6-0.
LICENSES
Slocomb moved for approval of operators’ licenses for Camille Cohen, Randy
Sheppard, Sara Frievalt, Karen Bowen, Robin Gigl, Sandra Kusch, and Mary Campion.
Salentine seconded; motion carried. Slocomb moved for outside dance events for
Broke Spoke for 5/23/99, 6/12/99, 7/30/99 and 7/31/99 subject to Finance Committee
restrictions. Salentine seconded. Motion carried 6-0.
VOUCHER APPROVAL
Slocomb moved for approval of General Vouchers in amount of $804,065.82. Sanders
seconded. Motion carried 6-0.
Slocomb moved for approval of Tax Checks in the amount of $329,305.61. Sanders
seconded. Motion carried 6-0.
Sanders moved for approval of Utility Vouchers in amount of $86,986.93. Slocomb
seconded. Motion carried 6-0.
CITY OFFICIALS’ REPORTS
Common Council Minutes Page 4
April 13, 1999
The Clerk-Treasurer noted that the Joint Review Board meeting for TID No. 8 was
scheduled to be held at 5:30 on 4/14/99 followed by Committee of the Whole at 7:00
p.m.
Salentine 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.
Slocomb seconded. Motion carried 6-0. The Clerk and Deputy were dismissed.
Salentine moved to reconvene into open session. Pionek seconded; motion carried.
Sanders moved to adjourn at 9:49 p.m. Slocomb seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer