CM112399
COMMON COUNCIL - CITY OF MUSKEGO (Approved 12/14/99)
MINUTES OF MEETING HELD NOVEMBER 23, 1999
The meeting was called to order at 7:33 p.m. by Mayor De Angelis. Also present were
Ald. Slocomb, Chiaverotti, Le Doux, Patterson, Pionek, Salentine, and Sanders, City
Attorney Molter, Clerk-Treasurer Marenda, Finance Director Gunderson, and Deputy
Clerk Blenski.
The Clerk-Treasurer stated the meeting was noticed in accordance with the open
meeting law on 11/19/99.
Slocomb moved for approval of minutes of the 11/9/99 meeting. Salentine seconded;
motion carried.
The Clerk-Treasurer read the closed session notices.
Reso. #202-99 - Resolution Authorizing the Issuance and Sale of $2,600,000 General
Obligation Promissory Notes. Salentine moved for adoption. Sanders seconded. Mr.
Dave Anderson of Ehlers & Associates was present. He reported that 11 bids were
received with the lowest interest rate of 4.87% being submitted by Hutchinson,
Shockey, Erley & Co. Motion to adopt carried 7-0. Mr. Anderson left the meeting.
Ord. #1006 - An Ordinance to Amend the Zoning Map of the City of Muskego - College
Avenue/Milwaukee SMSA Ltd. Partnership (I-1 to I-1/OIP). First Reading. As the Plan
Commission deferred action on this issue, Slocomb asked what its philosophy was
regarding cell towers. Mr. Turk responded that the City must make accommodations for
carriers as a result of the Telecommunications Act of 1996. The City does not have to
approve every tower proposal. A set of standards was developed for the City by its
consultants, Evans & Associates, which recommended three general locations. All
three locations have been filled by providers to capacity. We are now seeing a second
generation of providers and in fill of gaps in service coverage. The City has requested
Evans review this tower proposal as well as one for a site on Muskego Dam Road.
Other options, such as locating on Wisconsin Electric Power lines, also exist. The
review by Evans will ensure the City’s compliance with the law. Any proposed gaps in
service coverage are also being reviewed by the technical consultants. Sanders stated
his concern about the height of future towers which could be a nuisance to the
neighborhood where located. Mr. Turk stated that height is being considered. The
Mayor noted that action on the ordinance may have to be deferred.
Reso. #199-99 - Approval of Carriers for the City’s Insurance for 2000. On the floor,
deferred 11/9/99. The Finance Director discussed the medical payment portion of the
general liability coverage. The annual premium is $489 for this coverage with the
$10,000 payment limit. However, it was noted that the City has not had any claims and
the potential for the premium to increase exists. The minimum annual premium for the
coverage is $300 if amount to be paid out is reduced. The Finance Director clarified
that this coverage is supposed to pay secondary. Chiaverotti noted that an individual’s
medical insurance may not pay with the City having this type of coverage in place. Ms.
Gunderson stated conflicts regarding coverage would have to be resolved by the
insurance companies. Sanders also expressed concern about the potential liability for
the City. Salentine stated it could be reviewed in the future if problems arose. Motion
to adopt the resolution carried 7-0.
Common Council Minutes Page 2
November 23, 1999
Reso. #206-99 - Amendment to 1999 Budget. Sanders moved for adoption. Salentine
seconded. Motion carried 7-0. The Finance Director was dismissed.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor distributed information compiled by Atty. Lehmann regarding land-use and
planning related issues contained in the state budget. The law contains a change
relating to the composition and appointment of the Plan Commission. The Mayor also
noted he and Ald. Slocomb will attend a meeting on 11/30/99 to discuss land use
development issues, such as annexations and border agreements. The Mayor also
wished everyone a Happy Thanksgiving.
COMMITTEE REPORTS
Sanders moved for acceptance of the 11/17/99 and 11/23/99 Finance Committee
minutes. Slocomb seconded; motion carried.
Sanders moved for acceptance of the 11/15/99 Public Utilities Committee minutes
noting tax key # on page 2 should be 2223.990. Le Doux seconded; motion carried.
Chiaverotti moved for acceptance of the 11/15/99 Public Works Committee minutes.
Salentine seconded; motion carried.
Minutes of the 11/16/99 Plan Commission and 10/27/99 Library Board were received
and placed on file.
Reso. #203-99 - A Resolution Approving Trunked Radio Services Agreement and
Authorizing the Issuance of a General Obligation Promissory Note to Waukesha
County to Pay Infrastructure Cost of the Trunked Radio System. Salentine moved for
adoption. Slocomb seconded. Motion carried 7-0.
Reso. #204-99 - Approve New and Revised Positions. Salentine moved for adoption.
Le Doux seconded. The Mayor noted another resolution will be forthcoming regarding
the grant administrator position. Motion carried 7-0.
Reso. #205-99 - Resolution Establishing Salaries for Election Workers. Le Doux
moved for adoption. Chiaverotti seconded. Motion carried 7-0.
Reso. #207-99 - Resolution Authorizing the Mayor to Approve Vouchers. Slocomb
moved for adoption. Chiaverotti seconded. Motion carried 7-0.
Reso. #208-99 - Resolution to Adopt City of Muskego Sanitary Sewer Service Area
Amendment. Sanders moved for adoption. Le Doux seconded. The Mayor noted that
if SEWRPC does make changes to the plan, it will have to come back to Council. The
City engineers and MMSD engineers have reviewed. Motion carried 7-0.
Reso. #209-99 - Resolution Adopting a Joint Powers Agreement for the 911 Emergency
System. Le Doux moved for adoption. Sanders seconded. Motion carried 7-0.
Common Council Minutes Page 3
November 23, 1999
Reso. #210-99 - Resolution of Necessity Under 32.06 and §32.07, Wis. Stats., for
Acquisition of Land for a Community Center. Sanders moved for adoption. Slocomb
seconded. The Mayor stated before discussion with the property owner can take place,
an agricultural assessment was needed. A Reso. of Necessity for the other property
(Boehm) was not brought forward at this time at the owner’s request. Atty. Feeley will
determine if the City can request an agricultural assessment for that property now.
Motion carried 7-0.
Ord. #1007 - An Ordinance to Amend Chapter 30 of the Municipal Code of the City of
Muskego to Create Section 30.081 (Regulations for Moving Buildings). First Reading.
The Mayor explained that Chapter 30 previously contained regulations for moving
buildings but when the chapter was revised that section was not included. The
ordinance contains the same language previously contained in Chapter 30. The Mayor
requested suspension of the rules to put regulations back which are needed. Salentine
so moved. Patterson seconded; motion carried 7-0. Ord. #1007. Second Reading.
Patterson moved for adoption. Pionek seconded. Motion carried 7-0. Patterson
requested the issue be placed on the December Public Services agenda for review.
LICENSES
Slocomb moved for approval of Operators’ Licenses for Dana Pindel, Jim Michalek,
Michele King, Katie Bromberek, and Tracy Schneider with a 3, 6, 9 and 12-month
review. Salentine seconded; motion carried.
VOUCHER APPROVAL
Slocomb moved for approval of payment of general vouchers in amount of
$2,145,823.42. Sanders seconded. Motion carried 7-0. Sanders moved for approval
of payment of utility vouchers in amount of $1,136,968.28. Le Doux seconded. Motion
carried 7-0.
CITY OFFICIALS’ REPORTS
The Clerk reported that a public hearing would be held on 12/14/99 at 7:20 p.m. to
consider petition of Sue and Wayne Sholbe to rezone property in the NW ¼ of Section
30 to be rezoned from EA to A.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
The Mayor noted the holiday party would be held 12/4/99. The December calendar
was reviewed as well as a draft of the Committee of the Whole agenda for 12/2/99.
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. Le Doux seconded. Motion carried 7-0.
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 negotiating contract with Muskego
Common Council Minutes Page 4
November 23, 1999
Volunteer Fire Co. Le Doux seconded. Motion carried 7-0. The Clerk-Treasurer and
Deputy were dismissed.
Chiaverotti moved to reconvene into open session. Salentine seconded; motion carried
unanimously.
Sanders moved to adjourn at 10:06 p.m. Slocomb seconded; motion carried.
Minutes taken and transcribed by Jill Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer
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