CM051199
COMMON COUNCIL - CITY OF MUSKEGO (Approved as corrected
MINUTES OF MEETING HELD MAY 11, 1999 5/25/99)
The meeting was called to order at 9:00 p.m. by Mayor De Angelis. Also present were
Aldermen Slocomb, Chiaverotti, Le Doux, Patterson, Pionek, and Sanders, City
Attorney Trindl, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. Alderman
Salentine was absent.
The Clerk-Treasurer stated the meeting was noticed in accordance with the open
meeting law on 5/10/99, as amended.
Slocomb moved for approval of minutes of the 4/27/99 meeting. Sanders seconded;
motion carried.
The Clerk-Treasurer read the closed session notices.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor read proclamation declaring May 14 and 15, 1999 as American Legion
Poppy days. He stated that he was appointing Dan Schepp as Chairman of the Board
of Appeals.
PERSONAL APPEARANCES
Mr. Jay Armstrong, president of Delta Group, was present to explain the company’s
submittal to the DNR for a new furnace system. Mr. Ryan Berg of the DNR who works
with compliance issues was also present.
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, Town of Vernon Petition for
Incorporation. Sanders seconded. Motion carried 6-0.
The Council reconvened into open session.
Reso. #79-99 - Resolution as to Town of Vernon Petition for Incorporation. Sanders
moved for adoption. Chiaverotti seconded. Motion carried 6-0.
Ord. #984 - An Ordinance to Amend the Zoning Map of the City of Muskego R-3 to
RSE/OPD (Pipke/North Cape Farms). Second Reading. Pionek moved for adoption.
Chiaverotti seconded. Motion carried 6-0.
Reso. #80-99 - Resolution Indicating the City’s Present Intent to Approve the Concept
of RS-3/OPD, RS-2/OPD, and B-3/OPD (Carity). Sanders moved for adoption.
Chiaverotti seconded. Pionek stated that he prefers the business area be decreased,
possibly buffered by duplexes. The City’s downtown needs to be addressed first before
business outside of that area is established. Pionek also noted that he would like more
entrances to the development to the east. The Mayor noted that the inclusion of
duplexes could be a substantial change requiring another public hearing. Le Doux
submitted petition (dated 9/28/98) from constituents opposing Lakes Parkway as an
Common Council Minutes Page 2
May 11, 1999
access to the proposed development. Patterson noted that the people who spoke
favored the elimination of the multifamily units. They did not oppose the business
portion. Their concerns related to traffic and reducing the business area will not
address those concerns. The Mayor stated that there is work that has to be done
before final design and traffic flows are established for the development which may
dictate alternatives. Patterson requested privlege of the floor for Mr. Carity. There
were no objections. Patterson asked Mr. Carity for his response if Pionek’s proposal
were changed to replace duplexes with single family homes. Mr. Carity stated it is very
difficult to have single family homes abut business. The overall quality level he wants
to achieve would be compromised. He does not want to introduce the concept of
multifamily units due to public reaction in the past. Chiaverotti complimented the
developer for addressing the concerns expressed earlier. Additional discussion
regarding access points took place with Mr. Carity and Mr. Servi reviewing a map with
the Council members. Mr. Carity noted that the County Dept. of Transportation has a
major impact on where the access points to the development will be. Sanders stated
that the development will have a total of three exits. It will be phased in over time and
the increase in traffic will even out. Reso. #80-99 adopted 5 in favor and 1 opposed
(Pionek).
Reso. #83-99 81-99 - Denial of Certified Survey Map - Buechel. Mayor De Angelis
relinquished the chair to Council President Slocomb. Patterson moved for adoption.
Chiaverotti seconded. Slocomb stated he does not like the division due to increasing
the density on the lake. Pionek also stated he does not like. Discussion took place
regarding the vision corner on parcel 1 and the location of trees. The petitioner stated
that the trees are located in the City right-of-way but agreed to remove. City attorney
stated that the vision corner is identified on the certified survey map and must comply
with City code. Patterson moved to amend as follows: change title from “denial” to
“approval”; add W175 S7171 Lake Drive, Tax Key No. 2193.998.00A at the end of the
first WHEREAS; change “is contradictory” to “was felt to be contradictory” in the second
WHEREAS; add third “WHEREAS, The City Attorney and City Engineers have
reviewed the certified survey map and found the proposed certified survey map to be in
compliance with the City’s Land Division and Zoning ordinances”; amend “deny” to
“approve” in the NOW, THEREFORE, BE IT RESOLVED and remove the words in that
paragraph that follow “Section 9”; add “BE IT FURTHER RESOLVED That the
boathouse shown on Parcel 1 is to be razed within 12 months of recording this certified
survey map, or prior to sale of the parcel, whichever occurs sooner. BE IT FURTHER
RESOLVED That this approval is subject to receipt of all fees required by Section
18.14 of the Land Division Ordinance, any special assessments which may be due, and
approval of the City Engineer. BE IT FURTHER RESOLVED That a DXF or DGN file of
this CSM be submitted to the City prior to City signatures being placed upon the
certified survey map (3 ½” diskette).” Pionek seconded; motion carried. Pionek
requested privlege of the floor for Ken Fries. There were no objections. Mr. Fries
stated please make sure this loophole is closed for the future. Patterson stated issue
could be discussed at Public Services Committee and Pionek stated the Committee of
the Whole could review. Sanders initiated the idea of a moratorium until the issue was
sorted out with the City atty. noting that research would have to be done regarding that.
Reso. #89-99 81-99, as amended, adopted 6-0.
Common Council Minutes Page 3
May 11, 1999
COMMITTEE REPORTS
The 4/14/99 Committee of the Whole minutes were received.
Sanders moved for acceptance of the Finance Committee minutes of 5/5/99 and
5/11/99. Slocomb seconded; motion carried.
Pionek moved for acceptance of the Public Works Committee minutes of 4/26/99.
Chiaverotti seconded. Pionek moved for individual consideration of paragraph
regarding the “Muskego Theater” (pg. 1) with issue to go back to committee for
clarification. Chiaverotti seconded; motion carried. Motion to accept minutes without
said paragraph carried.
Patterson moved for acceptance of the Public Services Committee minutes of 5/3/99.
Pionek seconded; motion carried.
Minutes of the 4/28/99 Library Board and 5/4/99 Plan Commission were received and
placed on file.
Reso. #82-99 - Award of Bid - 1999 Road Program. Slocomb moved for adoption.
Chiaverotti seconded. Motion carried 6-0.
Reso. #83-99 - Award of Bid - Official City Newspaper. Slocomb moved for adoption.
Sanders seconded. Motion carried 6-0.
Reso. #84-99 - Disallowance of Claim - Norgal. Slocomb moved for adoption. Sanders
seconded. Motion carried 6-0.
Reso. #85 -99 - Establish Traffic Regulations. Patterson moved for adoption. Pionek
seconded. Motion carried 6-0.
Reso. #86-99 - Award of Bid - Muskego Police Department Landscaping. Sanders
moved for adoption. Slocomb seconded. Motion carried 6-0.
Reso. #87-99 - Appointment of Citizen Members to Board of Appeals (T. O’Neil, M.
Brandt, D. Conley, C. Wiken). Slocomb moved for adoption. Sanders seconded.
Motion carried 6-0.
Reso. #88-99 - Approval of Certified Survey Map - Duve and Reso. #89-99 - Approval
of Certified Survey Map - Duve were removed from the agenda.
Reso. #90-99 - Approval of Third Police Liaison Officer Position. Sanders moved for
adoption. Chiaverotti seconded. Motion carried 6-0.
Reso. #91-99 - Resolution to Hire Consultant for Review of Superior Emerald Park
Landfill Plan of Operation. Slocomb moved for adoption. Pionek seconded. Motion
carried 6-0.
Reso. #92-99 - Resolution to Hire Special Counsel to Represent Assessor at Board of
Review. Slocomb moved for adoption. Sanders seconded. Motion carried. 6-0.
LICENSES
Common Council Minutes Page 4
May 11, 1999
Slocomb moved for approval of operators’ licenses for Jason Zellmer and Susan
Wasson. Sanders seconded; motion carried.
VOUCHER APPROVAL
Slocomb moved for approval of General Vouchers in amount of $595,129.83. Sanders
seconded. Motion carried 6-0.
Slocomb moved for approval of Tax Checks in the amount of $1,342,379.98. Sanders
seconded. Motion carried 6-0.
Sanders moved for approval of Utility Vouchers in amount of $776,887.12. Slocomb
seconded. Motion carried 6-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
The Mayor noted that the date of the Committee of the Whole meeting was changed to
5/20/99. He noted that a brief Council meeting may be held prior regarding the
selection of a Plan Director. The Mayor also noted that interviewing for the City
Engineer position will begin shortly.
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,
labor negotiations with represented employees, and pay for performance plan for
nonrepresented employees. Pionek seconded. Motion carried 6-0.
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 contract negotiations with MMSD;
and, §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,
billing dispute with MMSD. Patterson seconded. Motion carried 6-0.
The Clerk and Deputy were dismissed.
Chiaverotti moved to reconvene into open session. Slocomb seconded; motion carried.
Sanders moved to adjourn at 12:23 a.m. Chiaverotti seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer