CM092899
COMMON COUNCIL - CITY OF MUSKEGO Approved-10/12/99
MINUTES OF MEETING HELD SEPTEMBER 28, 1999 CORRECTED
The meeting was called to order at 7:47 p.m. by Mayor De Angelis. Also present were Ald.
Slocomb, Chiaverotti, Le Doux, Patterson, Pionek, and Sanders, City Attorneys Molter and
Riffle, Clerk-Treasurer Marenda, and Deputy Clerk Blenski, and Plan Director Turk. Ald.
Salentine was absent.
The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting
law on 9/24/99.
Slocomb moved for approval of minutes of the 9/14/99 meeting. Sanders seconded.
Motion carried.
The Clerk-Treasurer read the closed session notices.
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 pending and threatened litigation involving Superior
Emerald Park Landfill, Inc. Patterson seconded. Motion carried 6-0. City Attorneys Molter
and Riffle were present. The Clerk and Deputy were excused. Following closed session,
Atty. Riffle was dismissed.
Slocomb moved to reconvene into open session at 8:36 p.m. with Clerk and Deputy
present. Pionek 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. Second Reading. Slocomb moved for adoption. Le Doux
seconded. Motion carried 6-0.
Reso. #157-99 - Determination of Nonsubstantial Change to the OPD of Champions Village
of Country Club Villages. Slocomb moved for adoption. Sanders seconded. Motion
carried 6-0.
Reso. #158-99 - Approval of Certified Survey Map - Mercer. Slocomb moved for adoption.
Le Doux seconded. Plan Director Turk stated that the property is zoned RS-3 with a
lakeshore overlay district; a minimum square footage of 10,000 is required. Motion carried
6-0.
Reso. #159-99 - Approval of Certified Survey Map - Sobczak. Slocomb moved for
adoption. Sanders seconded. Motion carried 6-0.
Reso. 165-99 - Approval of Certified Survey Map - Burke Properties, Inc. Slocomb moved
for adoption. Chiaverotti seconded. Plan Director Turk noted that this map combines two
existing parcels. Motion carried 6-0.
Ord. #1000 - An Ordinance to Amend Chapter 17, Section 8.20 (7)C. of the Municipal Code
of the City of Muskego (Permitted Uses by Conditional Grant - EA District). First Reading.
Plan Director Turk was excused.
Common Council Minutes Page 2
September 28, 1999
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor noted that an accelerated timeline for the library was distributed with the project
being 11 weeks behind.
COMMITTEE REPORTS
Slocomb moved for acceptance of the 9/28/99 Finance Committee minutes. Sanders
seconded; motion carried.
Sanders moved for acceptance of the 9/20/99 Public Utilities Committee minutes. Le Doux
seconded; motion carried.
Pionek moved for acceptance of the 9/17/99 Public Works Committee minutes. Chiaverotti
seconded; motion carried.
Minutes of the 9/13/99 Parks and Recreation Board and 9/21/99 Plan Commission were
received and placed on file. Regarding the Parks and Recreation Board minutes, Le Doux
noted that he will request correction be made to change item heading “Horse Trails” to
“Recreational Trails.” The Mayor presented update on the decision of the Linnie Lac Lake
District to take dredging materials to Johnson Sand & Gravel Pit and not place at Park
Arthur.
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). Second Reading. Le
Doux moved for adoption. Slocomb seconded. The Mayor stated that a meeting was held
with key City officials and consultants to discuss the proposed ordinance. It was
recommended that the ordinance not be passed at this time. The calculations for REC fees
and sewer service charges need to be reviewed. The issue will be sent back to the (Public
Utilities) Committee with ample notification given to customers regarding any changes in
billing methods. Billing after the fact is also being explored. It is proposed to have the
revised ordinance adopted in the summer of 2000. Atty. Molter agreed that the City is
moving in the proper direction but more research was needed to accomplish. Sanders
moved to table Ord. #997. Slocomb seconded; motion carried unanimously.
Ord. #998 - An Ordinance to Repeal and Recreate Chapter 30 of the Municipal Code of the
City of Muskego (Building Code). Second Reading. Slocomb moved for adoption.
Chiaverotti seconded. The Deputy Clerk was requested to retrieve information for
clarification of language in the ordinance. Slocomb moved to defer. Le Doux seconded;
motion carried.
Reso. #160-99 - Final Resolution Authorizing Area-Wide Water Capacity Assessment for
Water Services Under Wisconsin Statutes 66.60 and Levying Water Capacity Special
Assessments Against Benefited Property (WCA) (Third Amended WCA District).
Chiaverotti moved for adoption. Slocomb seconded. Motion carried 6-0.
Reso. #161-99 - Final Resolution Authorizing Area-Wide Water Capacity Assessment for
Water Services Under Wisconsin Statutes 66.60 and Levying Water Capacity Special
Assessments Against Benefited Property (WCA) (Fourth Amended WCA District). Sanders
moved for adoption. Le Doux seconded. Motion carried 6-0.
Common Council Minutes Page 3
September 28, 1999
Reso. #162-99 - Waiver of Special Assessment Notice and Hearing and Final Special
Assessment Resolution Authorizing Installation of Water Improvements and Levying
Special Assessments Against Benefited Properties (Lannon Drive). Sanders moved for
adoption. Le Doux seconded. Motion carried 6-0.
Reso. #163-99 - Preliminary Resolution Declaring Intent to Levy Area-Wide Water Capacity
Assessment for Debt Service for Water Service Under §66.60, Wisconsin Statutes (Fifth
Amended WCA District). Sanders moved for adoption. Le Doux seconded. Motion carried
6-0.
Reso. #164-99 - Resolution as to Board of Review Hours. Chiaverotti moved for adoption.
Slocomb seconded. Motion carried 6-0.
Reso. #166-99 - Award of Bid - Well No. 3 Pump Replacement. Sanders moved for
adoption. Slocomb seconded. Motion carried 6-0. The Deputy returned to the meeting.
Ord. #999 - An Ordinance Relating to the Confidentiality of Information About Income and
Expenses Requested by the Assessor in Property Assessment Matters in the City of
Muskego. First Reading.
Ord. #998 - An Ordinance to Repeal and Recreate Chapter 30 of the Municipal Code of the
City of Muskego (Building Code). Second Reading. Deferred, on the floor. Pionek moved
to amend as follows: Second paragraph of Section 30.08 (2)(a) containing the word
“twelve” months should be “eighteen” months; Section 30.091 (4)(e)(3) the number “3”
should be added before “calendar months for Type C structures”; and to incorporate all
other changes as in the proposed amendment to the ordinance as provided. Slocomb
seconded; motion carried. Slocomb moved to further amend Section 30.091 (7)(g) to
replace language with “Chapter 34 of City ordinances shall apply for all C, C1, D, and D1
demolition sites.” Slocomb seconded; motion carried. Ord. #998, as amended, adopted 6-
0.
There were no licenses to approve.
VOUCHER APPROVAL
Slocomb moved for approval of payment of general vouchers in amount of $388,197.43.
Sanders seconded. Motion carried 6-0.
Sanders moved for approval of payment of utility vouchers in amount of $312,912.27.
Le Doux seconded. Motion carried 6-0.
CITY OFFICIALS’ REPORTS
The Clerk noted that a public hearing was scheduled regarding the fifth amended WCA
District to be held at 7:20 p.m. on 10/26/99. A liquor license revocation and/or suspension
hearing is scheduled for 10/21/99 at 7:30 p.m.; Chiaverotti stated she cannot attend.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Le Doux discussed the City’s current fire code which is more restrictive than what the State
requires. His concern is whether the requirements really result in added safety. They
generally have a financial impact. He would like to see revisions. Atty. Molter stated that
the present code was created by the fire departments. Slocomb requested an analysis be
Common Council Minutes Page 4
September 28, 1999
done to show the differences between the City and State requirements. Mayor responded
that he will request the individual from the department who wrote the City’s code to do and
then have placed on future Public Services agenda.
Le Doux 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). Chiaverotti seconded. Motion carried 6-0.
Patterson 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 1998 Cable Contract with Time Warner Cable. Slocomb
seconded. Motion carried 6-0. The Clerk and Deputy were excused.
Chiaverotti moved to reconvene into open session. Sanders seconded; motion carried.
Slocomb moved to adjourn at 10:30 p.m. Pionek seconded; motion carried.
Minutes taken and transcribed by Jill Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer
jmb