CM091499
COMMON COUNCIL - CITY OF MUSKEGO Approved 9/28/99
MINUTES OF MEETING HELD SEPTEMBER 14, 1999
The meeting was called to order at 7:40 p.m. by Mayor De Angelis. Also present were Ald.
Slocomb, Chiaverotti, Le Doux, Patterson, Salentine and Sanders, City Attorney Molter,
and Deputy Clerk Blenski. Plan Director Turk was also present for a portion of the meeting.
Ald. Pionek was absent.
The Deputy Clerk stated the meeting was noticed in accordance with the open meeting law
on 9/10/99.
Sanders moved for approval of minutes of the 8/24/99 meeting. Salentine seconded. It
was noted some minor corrections were made on page 4. Motion carried.
The Deputy Clerk read the closed session notice.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor De Angelis noted the budget process had begun.
Reso. #146-99 - Recognition of 25 Years of Service John J. Daley. Slocomb moved for
adoption. Sanders seconded. Motion carried 6-0. Mayor De Angelis presented the
resolution to Captain Daley and thanked him for his dedicated years of service to the Police
Department.
Reso. #156-99 - Determination of Nonsubstantial Change to the PUD of Lake Forest.
Salentine moved for adoption. Chiaverotti seconded. Mr. Turk noted that a conceptual
drawing was displayed for review. He stated that the Plan Commission’s determination of
nonsubstantial change and recommendation to the Council was based on two key elements
of the plan. One was the restored second access point that was part of the original
proposal, and the other was a reduction in density. There is no access to Sunset Drive.
The existing tree line is to be maintained and on-site stormwater accommodated. Land
acquisitions from the Muskego Center and gun shop must be obtained. Mr. Turk indicated
that stormwater plans have not been prepared but the intent is to meet the requirements of
the new ordinance. There would be two stream/wetland crossings. Mr. Turk also noted
that a tree survey of the property was conducted and it is intended that development work
around a number of large, substantial trees to preserve them. The petitioner, Mr. Gary
Januszewski, was present and stated that he was anticipating a spring start. Motion to
adopt carried 6-0.
COMMITTEE REPORTS
Slocomb moved for acceptance of the 9/8/99 and 9/14/99 Finance Committee minutes.
Sanders seconded; motion carried.
Patterson moved for acceptance of the 9/8/99 Public Services Committee minutes.
Chiaverotti seconded; motion carried.
Chiaverotti moved for acceptance of the 8/23/99 Public Works Committee minutes.
Salentine seconded; motion carried.
Sanders moved for acceptance of the 8/31/99 Public Utilities Committee minutes. Le Doux
seconded; motion carried.
Common Council Minutes Page 2
September 14, 1999
Minutes of the 8/25/99 Library Board and 9/7/99 Plan Commission were received and
placed on file. Slocomb noted the 1999 library statistics indicate a decrease from 1998.
Chiaverotti stated it is believed the new, larger facility will show an increase.
Ord. #994 - An Ordinance to Create Chapter 34 of the Municipal Code of the City of
Muskego (Storm Water Management). Second Reading. Slocomb moved for adoption.
Chiaverotti seconded. Slocomb clarified that while Section 34.06(4) provides for fees in
lieu of on-site stormwater management, a regional facility must exist or be constructed prior
to discharge. Mr. Turk stated that the ordinance does not specify how the in-lieu-of fees
are collected. The dollar amount of impact will vary from sub-basin to sub-basin. A needs
assessment will have to be done. Salentine moved to amend Section 34.06(3)(a) striking
the words, “and that is required to be implemented by local ordinance” from the end of the
section. Sanders seconded; motion carried. Ord. #994, as amended, adopted 6-0.
Ord. #995 - An Ordinance to Amend Chapter 17, Section 4.05(2)(G), of the Municipal Code
of the City of Muskego (Accessory Buildings). Second Reading. Salentine moved for
adoption. Le Doux seconded. Slocomb moved to amend to correct “(G)” in the section
reference to “G.” Salentine seconded; motion carried. Ord. #995, as amended, adopted 6-
0.
Reso. #145-99 - Authorize Execution of Labor Agreement between the Public Works and
Utilities Departments and the City of Muskego for 1/1/99 through 12/31/2001. Slocomb
moved for reconsideration. Patterson seconded; motion carried. Slocomb moved to amend
to delete the out-of-class pay section under 5.02 of Article V - Wages. Patterson
seconded; motion carried. Reso. #145-99, as amended, adopted 6-0.
Reso. #147-99 - Amendment to Deposit and Forfeiture Schedule. Sanders moved for
adoption. Salentine seconded. Motion carried 6-0.
Reso. #148-99 - Approval of Storm Water Management Plan Phase 2. Salentine moved for
adoption. Chiaverotti seconded. Motion carried 6-0.
Reso. #149-99 - Approval of Certified Survey Map - Helminger, Town of Norway. Salentine
moved for adoption. Sanders seconded. Motion carried 6-0.
Reso. #150-99 - Approval of Certified Survey Map - Schaumberg. Salentine moved for
adoption. Sanders seconded. Motion carried 6-0.
Reso. #151-99 - Resolution Authorizing Increase in Special Charges for Garbage and
Refuse Disposal and Recycling Service (effective 1/1/2000: 5 units or less $82.40/unit; 6
units and over $70/unit). Patterson moved for adoption. Chiaverotti seconded. Slocomb
stated that the rate is supported by landfill funds and state recycling monies. Patterson
noted that the rate may have to be reviewed in the future if there is a change in the subsidy
from the state. Motion carried 6-0.
Reso. #152-99 - Award of Bid - Jewel Creek Dredging Project ($53,250 - Werner Bros.,
Inc.). Salentine moved for adoption. Slocomb seconded. Motion carried 6-0.
Common Council Minutes Page 3
September 14, 1999
Reso. #153-99 - Resolution to Retain Special Counsel for Representation at Liquor License
Suspension and/or Revocation Hearing. Slocomb moved for adoption. Sanders seconded.
Motion carried 6-0.
Reso. #154-99 - Authorizing City Attorney to Appeal Decision of New Berlin Municipal
Court (Citation No. M244542 - City of Muskego vs. Parkland Venture LLC). Slocomb
moved for adoption. Sanders seconded. The Mayor stated that the court’s dismissal of the
citation is a gross misrepresentation of how the City’s ordinances are to be interpreted.
There is concern about setting a precedent for the future. The Plan Director and City
Attorney also believe the decision should be appealed as the judge took a narrow view of
one paragraph and did not give meaning to the reading of the entire ordinance. Motion
carried 6-0. Plan Director Turk was dismissed at 8:26 p.m.
Reso. #155-99 - Appointment of Emergency Management Coordinator (Police Chief John
Johnson). Salentine moved for adoption. Chiaverotti seconded. Motion carried 6-0.
Ord. #996 - An Ordinance to Amend the Zoning Map of the City of Muskego (North Cape
and Ryan Roads) R-3 to RS-2. First Reading.
Ord. #997 - An Ordinance to Amend Chapter 21, Sections 21.06(2)(b) and 21.13(1.) of the
Municipal Code of the City of Muskego (Metering Sewer Service). First Reading.
Atty. Molter noted that proposed changes are being worked on.
Ord. #998 - An Ordinance to Repeal and Recreate Chapter 30 of the Municipal Code of the
City of Muskego (Building Code). First Reading. Discussion took place about why section
regarding signs was not part of the proposed ordinance. Slocomb also stated verification
was needed to ensure that this fits with State’s new UDC. Atty. Molter also encouraged the
language be reviewed prior to passage. Chiaverotti asked what the difference between
demolition and razing is. Atty. Molter responded that razing is a legal act pursuant to a
state statute where you force someone to remove a building. Demolition can be a voluntary
act, or it could be done pursuant to a razing.
LICENSES
Slocomb moved for approval of a Temporary Class “B”/“Class B” Retailer’s License for St.
Leonard Parish 9/17/99 to 9/19/99. Salentine seconded; motion carried.
Slocomb moved for approval of “Class B” Retailers’ License for the Sale of Fermented Malt
Beverages and Intoxicating Liquors for the 1999-2000 License Year for P. & D. DeMarinis
LLC (Denoon Saloon). Sanders seconded. Motion carried 6-0.
VOUCHER APPROVAL
Slocomb moved for approval of payment of general vouchers in amount of $876,401.33.
Salentine seconded. Motion carried 6-0.
Sanders moved for approval of payment of utility vouchers in amount of $637,046.04.
Le Doux seconded. Motion carried 6-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Common Council Minutes Page 4
September 14, 1999
Mayor presented update on Superior Emerald Park landfill issues noting the City just
received a default judgment from municipal court regarding the City’s lawsuit over the
interim construction agreement.
Chiaverotti 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 and labor negotiations for
represented employees (AFSCME). Sanders seconded. Motion carried 6-0. Atty. Molter
and Deputy were dismissed.
Slocomb moved to reconvene into open session. Salentine seconded; motion carried.
Sanders moved to adjourn at 9:06 p.m. Chiaverotti seconded; motion carried.
Minutes taken and transcribed by Jill Blenski.
Respectfully submitted,
Jill Blenski, CMC
Deputy Clerk
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