CM072799
COMMON COUNCIL - CITY OF MUSKEGO Approved 8/10/99
MINUTES OF MEETING HELD JULY 27, 1999
The meeting was called to order at 7:37 p.m. by Mayor De Angelis. Also present were
Aldermen Slocomb, Chiaverotti, Le Doux, Patterson, Pionek, Salentine and Sanders, City
Attorney Molter and Clerk-Treasurer Marenda
The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting
law on 7/23/99.
Salentine moved for approval of minutes of the 7/13/99 and 7/19/99 meetings. Sanders
seconded; motion carried.
The Clerk-Treasurer read the closed session notice.
PERSONAL APPEARANCES
Don Vilione of Virchow Krause, the City’s auditor, presented the 1998 Audit Review of the
General Fund, Sewer Utility and Water Utility, and distributed and explained a summary of
financial highlights. He reported the City uses standard accounting policies and practices
and is in a strong financial condition.
Bill Mielke of Ruekert & Mielke, the City’s consulting engineer, was present to review Reso.
#131-99 and the proposed agreement between the City and the Milwaukee Metropolitan
Sewerage District to terminate their governmental cooperation agreement dated 12/29/90.
He presented the history of sewer service in the City and the previous agreements with
MMSD, along with the intent of the proposed agreement. It will require the City to pay
MMSD based on equalized value as other communities do, but will exempt the City from all
watercourse work payments. It is anticipated that sewer service rates currently paid by
property owners will remain the same at this time.
Reso. #131-99 - Resolution as to Agreement between the City of Muskego and the
Milwaukee Metropolitan Sewerage District to Terminate Their Governmental Cooperation
Agreement Dated December 20, 1990. Sanders moved for adoption. Slocomb seconded.
Motion carried 7-0.
OLD BUSINESS
Reso.#116-99 - Approval of Agreement Between the City of Muskego and Waste
Management of Wisconsin, Inc. On the floor, deferred 7/13/99. Atty. Molter explained the
Agreement and the Escrow Agreement. Waste Management requests amendment to No. 5
as presented due to awaiting requirements from the EPA. Sanders and Patterson
expressed concern about the statement in No. 7 as to the reserved rights of the group, and
Mayor explained the group wouldn’t agree without that statement. Atty. Molter presented a
proposed amendment to No. 10. Sanders moved to amend the Agreement in No. 5, line 7
to read after Expanded Water System “and shall have the right but not the obligation to,”
and amend No. 10 to delete the word “expense” from “operational expense problems” in the
last line, and to amend the resolution to add “Be it further resolved that the Common
Council of the City of Muskego approves of the form of the Escrow Agreement, which is
also attached.” ; and, to recognize a revised Exhibit A as submitted. Slocomb seconded,
motion carried. Reso. #116-99 As Amended adopted 7-0.
Reso. #117-99 - Final Resolution Authorizing Area Wide Capacity Assessments for Water
Services Under Wisconsin Statute 66.60 and Levying Water Capacity Special
Common Council Minutes Page 2
July 27, 1999
Assessments Against Benefited Property (WCA). On floor, deferred 7/13/99. Motion to
adopt carried 7-0.
NEW BUSINESS
Reso. #127-99 - Approval of Legal Lot Status - Sobczak. Salentine moved for adoption.
Chiaverotti seconded. Planning Director Turk explained Plan Commission’s
recommendation to approve. Motion carried 7-0.
COMMITTEE REPORTS
Slocomb moved for acceptance of the 7/27/99 Finance Committee minutes. Sanders
seconded. Motion carried.
Slocomb moved for acceptance of the7/19/99 and 7/27/99 Public Utilities Committee
minutes. Le Doux seconded; motion carried.
Minutes of the 7/12/99 Parks and Recreation Board meeting and 7/20/99 Plan Commission
meeting were received and placed on file.
Reso. #124-99 - Approval of Amendment to Personnel Code for Management and Other
Nonrepresented Employees of the City of Muskego. Possible reconsideration. Mayor
explained correction necessary to Article X - Overtime to retain reference to Lieutenants,
which had been deleted in error. Salentine moved to reconsider. Chiaverotti seconded,
motion carried. Salentine moved to amend the attachment to Reso. #124-99 to delete
“10.01 Delete reference to Lieutenants”. Slocomb seconded, carried. Reso. #124-99 as
amended adopted 7-0.
Ord. #990 - An Ordinance to Amend Chapter 12, Section 12.01(8) of the Municipal Code of
the City of Muskego (Nude Dancing). Second Reading. Patterson moved for adoption.
Chiaverotti seconded, motion carried 7-0.
Ord. #991 - An Ordinance to Repeal and Recreate Chapter 6 of the Municipal Code of the
City of Muskego (Emergency Management, formerly Emergency Government). Second
Reading. Salentine moved for adoption. Le Doux seconded, motion carried 7-0.
CLOSED SESSION
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. Landfill litigation. Le Doux
seconded, motion carried 7-0. Atty. Molter was present. The Clerk-Treasurer was
excused.
Sanders moved to reconvene into open session with Clerk-Treasurer present. Salentine
seconded. Motion carried 7-0.
Reso.#126-99 - Resolution (Superior Emerald Park Landfill, Inc.) Slocomb moved for
adoption. Sanders seconded, motion carried 7-0.
Reso.#128-99 - Designating 1999 Halloween Trick or Treat Hours (SUNDAY, OCTOBER
31, 1999 - 6:00 PM TO 8:00 PM). Patterson moved for adoption. Le Doux seconded,
motion carried 7-0.
Common Council Minutes Page 3
July 27, 1999
Reso. #129-99 - Award of Bid - McShane Drive Wastewater Pump Station (Bentley
Company - $199,900). Slocomb moved for adoption. Sanders seconded, motion carried 7-
0.
Reso. #130-99 - Resolution Adopting Municipal Emergency Operations Plan (MEOP).
Salentine moved for adoption. Le Doux seconded. It was noted the unnumbered pages
with names and phone numbers was attached as support material only and not a part of the
resolution. Motion carried 7-0.
Reso. #132-99 - Acceptance of Improvements - Kelly Estates. Salentine moved for
adoption. Sanders seconded, motion carried 7-0.
Reso. #133-99 - Recognition of 30 Years of Service - Carl (Zeke) Bergmann, Jr. (Public
Works Dept.) Slocomb moved for adoption. Salentine seconded, motion carried 7-0.
Reso. #134-99 - Award of Bid - Woodland Court/Sablich Lateral. Le Doux moved for
adoption. Slocomb seconded, motion carried 7-0.
Reso. #135-99 - Amendment to Deposit and Forfeiture Schedule. Salentine moved for
adoption. Slocomb seconded, motion carried 7-0.
Ord. #992 - An Ordinance to Amend Chapter 9, Section 9.03 (3) of the Municipal Code of
the City of Muskego (Use of Fireworks). First Reading. It was determined that a new
fireworks permit would be necessary for the New Year’s Eve date.
Ord. #993 - An Ordinance to Amend Chapter 9, Section 9.03 (3) of the Municipal Code of
the City of Muskego (Loomis Road, Loomis Drive, North Cape Road and Hwy. 45).
Removed from Agenda.
VOUCHER APPROVAL
Slocomb moved for approval of payment of general vouchers in amount of $539,403.29.
Sanders seconded; motion carried 7-0.
Slocomb moved for approval of payment of tax checks in amount of $3,856.49. Sanders
seconded; motion carried 7-0.
Sanders moved for approval of payment of utility vouchers in amount of $774,156.53.
Slocomb seconded; motion carried 7-0.
CITY OFFICIALS’ REPORTS
The Clerk-Treasurer presented a draft August calendar for review. It was determined there
would be no Special Public Works meeting nor Committee of the Whole meeting in August.
Slocomb moved to adjourn at 10:06 p.m. Chiaverotti seconded; motion carried.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer