CM03142000
COMMON COUNCIL - CITY OF MUSKEGO Approved - 3/28/00
MINUTES OF MEETING HELD MARCH 14, 2000
The meeting was called to order at 7:39 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, Director of Planning Turk, and Deputy Clerk
Blenski. The Clerk-Treasurer stated the meeting was noticed in accordance with the
open meeting law on 3/10/2000.
Salentine moved for approval of minutes of the 2/22/2000 and 3/2/2000 meetings. Le
Doux seconded; motion carried.
The Clerk-Treasurer read the closed session notice.
Reso. #52-2000 - Approval of Certified Survey Map - Burkart Property. Salentine
moved for adoption. Le Doux seconded. Plan Director Turk noted that the petitioner
owns two adjoining parcels on North Shore Drive which both have residential structures
on them. He wishes to adjust the lot lines between the parcels. Both lots are currently
nonconforming. The City’s land division ordinance exempts lot line adjustments
between adjoining parcels when the result does not increase the degree of
nonconformity. The proposed certified survey map results in both lots being legal and
conforming. Mr. Turk stated that the owner could file a deed to transfer the land from
one lot to another. This does not provide a clean record and staff, therefore,
recommends approval of the map. The Mayor stated that the primary reason for the
land division is to raze and reconstruct one of the dwellings. He noted that the City
received comments from some surrounding property owners opposing the land division
for aesthetic reasons. Slocomb stated he can understand the concerns of the Plan
Commission because of the proposed configuration of the lot line. He recommends
approval because the CSM will provide a cleaner record. It was noted that the
petitioner would not be able to create two lots if this were a proposed land division of
one property. Sanders noted he also received calls regarding the aesthetic effect a
new dwelling would have on surrounding properties and concern that this would set a
precedent. He prefers that the map be approved to provide a clean record noting the
petitioner has a right to do this even if the City does not approve. He said that the
Council is aware of the detriment small lots have on the lakes and is striving to prevent
their creation. Motion to adopt carried 7-0.
Reso. #51-2000 - Approval of Preliminary Plat - Sarah Estates. Salentine moved for
adoption. Le Doux seconded. Mr. Turk stated that planned development overlay
zoning is intended. Parkland Drive will be extended to Woods Road with this
development. Slocomb reiterated his request that all plat maps be provided to the
Council. Slocomb moved to defer. Patterson seconded; motion carried.
Reso. #57-2000 - Reapproval of Final Plat and Subdivider’s Agreement - Rosewood
Estates. Salentine moved for adoption. Slocomb seconded. Mr. Turk stated that the
time to record the plat expired. Motion to adopt carried 6 in favor and Pionek
abstaining.
Mr. Turk was dismissed at 8:07 p.m.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
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March 14, 2000
The Mayor stated he did not have an appointment to the Milwaukee Regional Cable
Commission. Muskego’s representatives to the Franklin Subcommittee will be Ald.
Slocomb, as well as Jackie Schweitzer, Don Reidy, and a third citizen member. The
final agreements regarding Superior Emerald Park were signed on 3/13/2000. The
Mayor gave an update on legislative issues. He encouraged all residents to return
their census forms.
COMMITTEE REPORTS
Slocomb moved for acceptance of the 3/8/2000 and 3/14/2000 Finance Committee
minutes. Sanders seconded; motion carried.
Patterson moved for acceptance of the 3/6/2000 Public Services Committee minutes.
Pionek seconded; motion carried.
Pionek moved for acceptance of the 2/28/2000 Public Works Committee minutes.
Chiaverotti seconded and requested that the paragraph on page 3 regarding the Final
Release for the Wiza Cad-Cam settlement include that the City’s execution of the
acknowledgment was recommended by legal counsel. Motion carried.
Minutes of the 2/23/2000 Library Board and 3/7/2000 Plan Commission were received
and placed on file.
Reso. #49-2000 - Approval of City of Muskego and Muskego Police Association Retiree
Health Trust. On the floor, deferred 2/22/2000. The Mayor highlighted the changes to
the trust agreement which included the effective date of 4/1/2000 and substituted Paul
Geiszler as a trustee in place of the Mayor to assure representation to those
nonrepresented employees covered by the trust. Slocomb moved to amend. Salentine
seconded; motion carried. Reso. #49-2000, as amended, adopted 7-0.
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), on the floor, deferred
2/22/2000. Slocomb moved to defer. Le Doux seconded; motion carried.
Reso. #50-2000 - Approval of Preliminary Plat - Lilac Meadows, Town of Norway.
Salentine moved for adoption. Sanders seconded. Motion carried 7-0. Slocomb
requested that extraterritorial plats be provided to the Council when action was to be
taken.
Reso. #53-2000 - Amendment to Deposit and Forfeiture Schedule. Patterson moved
for adoption. Pionek seconded. Motion carried 7-0.
Reso. #54-2000 - Resolution to Establish Fee for Return of Nonsufficient Fund Checks.
Sanders moved for adoption. Salentine seconded. Motion carried 7-0.
Reso. #55-2000 - Award of Bid - City Hall Remodeling. Sanders moved for adoption.
Salentine seconded. The Mayor reported that the deduct was if the City provided the
temporary power. Sanders moved to amend to include “contingent upon all contract
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March 14, 2000
documents being satisfactory to the Mayor in consultation with the City Attorney” at the
end of the NOW, THEREFORE, BE IT RESOLVED. Slocomb seconded; motion
carried. Reso. #55-2000, as amended, adopted 7-0. The Mayor provided an update
on when the various departments would be moving.
Reso. 56-2000 - Approval of Amendment to Personnel Code for Management and
Other Nonrepresented Employees of the City of Muskego. Salentine moved for
adoption. Sanders seconded. Slocomb moved to amend the language, “terminates
employment” with “vacates the position.” Sanders seconded; motion carried. Reso.
#56-2000, as amended, adopted 7-0.
Reso. 57-2000 - Resolution Opposing Assembly Bill 747 and Senate Bill 385. Slocomb
moved for adoption. Chiaverotti seconded. The Mayor presented an update on the
legislation. It was determined that the resolution should also be forwarded to the
legislative committee chairs. Motion to adopt carried 7-0.
Ord. #1020 - An Ordinance to Amend Chapter 12, Section 12.16(2), of the Municipal
Code of the City of Muskego (Regulating Swimming Pools - Permits Required). First
Reading. The Mayor noted that the proposed ordinance would remove the fees from
the Municipal Code.
Ord. #1021 - An Ordinance to Amend Chapter 15, Section 15.23, of the Municipal Code
of the City of Muskego (Underground Wiring). First Reading.
Ord. #1022 - An Ordinance to Amend Chapter 12 to Repeal and Recreate Section
12.01(7)(d) of the Municipal Code of the City of Muskego (License Quota). First
Reading.
Ord. #1023 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Henneberry - EA to RCE and EA to A). First Reading. It was noted that second
reading of the ordinance would be placed on the agenda in conjunction with approval of
the certified survey map.
LICENSES
Slocomb moved for approval of operators’ licenses for Chad Wollenzien, Cristy Clark,
Patricia Sanborn, Rebecca Saulsbury, Karl Kluck and Jill Karch. Sanders seconded;
motion carried.
Slocomb moved for approval of “Class “A” Retailers’ License for the Sale of Fermented
Malt Beverages and Intoxicating Liquor for American Drug Stores, Inc. d/b/a Osco Drug
#1410, Brett Jasper Agent. Salentine seconded. Motion carried with 5-2 with Slocomb,
Chiaverotti, Le Doux, Salentine, and Sanders voting “yes” and Patterson and Pionek
voting “no.” It was noted that the license was granted by the Council’s action but could
not be issued at this time.
VOUCHER APPROVAL
Slocomb moved for approval of payment of general vouchers in the amount of
$1,793,792.38. Sanders seconded. Motion carried 7-0. Slocomb moved for approval
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March 14, 2000
of payment of tax checks in the amount of $2,221.07. Sanders seconded. Motion
carried 7-0. Sanders moved for approval of payment of utility vouchers in amount of
$112,514.04. Le Doux seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
The Clerk-Treasurer reminded the Council of the joint meeting with City of New Berlin
scheduled for 3/15/2000.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
The Mayor stated that Parkland Ventures is requesting a Council liaison to meet with
them and prospective tenants. Ald. Pionek has been doing this informally as the
representative of the district. Mayor De Angelis stated Parkland Ventures prefers that
Pionek be the City representative and continue in that position after his term expires.
Pionek stated this is to get information from outside and bring it back to the Council.
Slocomb supports if this is a means of promoting economic development which is done
in other municipalities. Patterson stated the position should be filled by someone
actively on the Council. Salentine stated Pionek is currently acting in this position; it
could be reviewed when his term expires. The Mayor stated he is doing that as the
representative of the district. The developer is looking for a representative of the entire
Council. Slocomb agreed that the individual should be a member of the Council. The
Mayor stated that the individual will not be able to make any representations on what
would be acceptable to the City. Atty. Molter noted concern about the individual
receiving privileged information during these meetings and being placed in a difficult
position as a member of the Council. He further stated that if the Council does appoint
an individual to this position, the reasons supporting the City’s position should be
clearly spelled out which would set this action apart from other potential development.
The Clerk-Treasurer asked if expenses incurred would be reimbursable if the position
were not filled by an employee. Other issues were raised if the person in the position
were not an employee.
Patterson moved to appoint an active member of the Council as a liaison to work with
Parkland Ventures. Chiaverotti seconded. Slocomb requested that the motion include
that the appointee be eligible to receive reimbursement for out-of-pocket expenses.
Patterson and Chiaverotti approved. Pionek stated he does not believe reimbursement
will be an issue. Sanders asked for a definition of exactly what this person will do. The
Mayor stated the person would listen to prospective proposals and bring the
information back to the Council and provide the City’s support for development in that
area. Chiaverotti suggested that the Mayor perform this function. He responded that
the developer wants someone else. Motion carried with Slocomb, Chiaverotti, Le Doux
and Patterson voting “yes” and Pionek, Salentine, and Sanders voting “no.” Pionek
stated he voted no because he is not interested in being reimbursed for his expenses.
Slocomb moved to appoint Ald. Pionek until the expiration of his term. Le Doux
seconded; motion carried.
Salentine 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
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March 14, 2000
Volunteer Fire Co. Chiaverotti seconded. Motion carried 7-0. The Clerk and Deputy
were dismissed.
Patterson moved to convene into open session. Sanders seconded. Motion carried 7-
0.
Reso. #215-99 - Approval of Fire Protection Contract with Muskego Volunteer Fire
Company for 2000, on the floor, deferred 2/22/2000. Patterson moved to defer.
Slocomb seconded; motion carried.
Le Doux moved to adjourn at 11:22 p.m. Sanders seconded; motion carried.
Minutes taken and transcribed by Jill Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer
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