CM080800
COMMON COUNCIL - CITY OF MUSKEGO
MINUTES OF MEETING HELD AUGUST 8, 2000
(Approved as corrected 8/22/2000)
The meeting was called to order at 7:52 p.m. by Mayor De Angelis. Also present were Ald.,
Slocomb, Chiaverotti, Patterson, Salentine, Sanders, and Wichgers, Plan Director Turk,
Engineering and Building Inspection Director McMullen, City Attorney Molter, and Deputy Clerk
Blenski. The deputy clerk stated the meeting was noticed in accordance with the open
meeting law on 8/4/00.
Salentine moved for approval of minutes of 7/25/00. Sanders seconded; motion carried.
The deputy read the closed session notice.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor De Angelis stated there has been a settlement regarding the Overlook Bay lawsuit
because the property has been sold. He gave an update on the City Hall remodeling project
noting it is on schedule. The Mayor stated he met with Ann Kinney of MMSD regarding a new
initiative to approve future service extensions, which would adversely affect the City. The
Mayor also stated that he met with various Waukesha County officials regarding Library Act
150.
COMMITTEE REPORTS
Sanders moved for acceptance of the 8/2/2000 and 8/8/2000 Finance Committee minutes.
Salentine seconded; motion carried.
Minutes of the 8/1/2000 Plan Commission were received and placed on file.
OLD BUSINESS
Reso. #134-2000 - Establish Traffic Regulations, on the floor, deferred 7/25/2000. Chiaverotti
moved to defer for the issue to go back to Public Services Committee. Slocomb seconded;
motion carried.
Ord. #934 - An Ordinance to Amend Chapter 14, to Add Section 1.5 (2)(n) of the Municipal
Code of the City of Muskego Floodplain Ordinance: Official Map (Plum Creek), on the floor,
deferred 7/25/00. Sanders moved to defer. Slocomb seconded; motion carried.
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 7/25/00.
Salentine moved to defer. Chiaverotti seconded; motion carried.
Ord. #1032 - An Ordinance to Amend Chapter 14 to Add Section 1.5(2)(o) of the Municipal
Code of the City of Muskego Floodplain Zoning Ordinance: Official Map (Jewel Creek), on the
floor, deferred 7/25/00. Mr. McMullen reviewed the map. Letters are being sent to the 19
property owners with structures in the floodplain advising them of any areas that may be filled
to be taken out of the floodplain. Chiaverotti moved to defer. Salentine seconded; motion
carried.
Ord. #1035 - An Ordinance to Repeal and Recreate Chapter 21 of the Municipal Code of the
City of Muskego (Sewer Utility). Second Reading. Sanders moved for adoption. Salentine
seconded. The Mayor outlined the proposed changes. Atty. Molter discussed his concerns
with the proposed changes to Appendix A (Residential Equivalent Connection Chart) because
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August 8, 2000
the chart that exists is referred to on all previous RCA assessments. A new chart would cause
confusion and create potential legal problems. Slocomb stated the proposed change is to
document what we are currently doing. The Mayor stated the information proposed to be
added could be clarified with a notation referenced as “c” on the bottom in the Notes section.
Sanders moved to amend Section 21.06 (2) and Appendix A as outlined on the sheet provided
with the addition of note c to read as follows: “As determined by the City Engineer and Public
Utilities Committee (with the date inserted) per Note a.” Slocomb seconded; motion carried.
Ord. #1035, as amended, adopted 5-0.
Ord. #1036 - An Ordinance to Amend Chapter 18, Section 18.60(3), of the Municipal Code of
the City of Muskego (Street Trees). Second Reading. Chiaverotti moved for adoption.
Slocomb seconded. Slocomb moved to amend to delete paragraph e. Sanders seconded;
motion carried. Ord. #1036, as amended, adopted 5-0.
NEW BUSINESS
Reso. #161-2000 - Amendment to the 2000 Budget. Salentine moved for adoption. Sanders
seconded. Motion carried 5-0.
Reso. #162-2000 - Disallowance of Claim - Pachowitz. Sanders moved for adoption.
Chiaverotti seconded. Motion carried 5-0.
Reso. #163-2000 - Appointment of Members to Capital Budget Committee. Sanders moved
for adoption. Slocomb seconded. Motion carried 5-0.
Reso. #164-2000 - Resolution Authorizing Increase in Special Charges for Garbage and
Refuse Disposal and Recycling Service. Salentine moved for adoption. Slocomb seconded.
Wichgers moved to defer. Chiaverotti seconded; motion carried. The issue will be placed on
the next Public Services agenda with the Mayor noting the Council may need to take action at
its next meeting.
Reso. #165-2000 - Resolution to Establish Fees (Chapter 21 - Sewer Utility). Sanders moved
for adoption. Salentine seconded. Motion carried 5-0.
Reso. #166-2000 - Approval of Agreement Between the City of Muskego and Muskego High
School Reunion Committee. Slocomb moved for adoption. Wichgers seconded. Chiaverotti
stated that the street area also needs to be cleaned up following the event. She will
communicate with Parks and Recreation Director Anderson regarding this issue. The Mayor
clarified that the committee knew about the security deposit but did ask the City to waive the
requirement, which was not approved. Motion carried 5-0.
Reso. #167-2000 - Approval of Certified Survey - Ganos. Chiaverotti moved for adoption.
Salentine seconded. Motion carried 5-0.
Reso. #168-2000 - Approval of Preliminary Plat for Twilight Heights, Town of Norway.
Chiaverotti moved for adoption. Sanders seconded. Motion carried 5-0.
Reso. #171-2000 - Approval of Revised Job Description, Pay Grade and Salary Range (Full-
Time Maintenance Position). Slocomb moved for adoption. Sanders seconded. Motion
carried 5-0.
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August 8, 2000
Reso. #172-2000 - Approval of Holding Tank (Superior Emerald Park Landfill). Slocomb
moved for adoption. Sanders seconded. Motion carried 5-0.
Reso. #173-2000 - Resolution to Accept Quotes for City Hall Furnishings. Mr. McMullen
presented information on the quote submitted. He and the Mayor determined the cost
submitted for chairs was high and the amount was removed. Movable filing systems at a cost
of $23,178 are requested to be added. The Mayor stated some items, such as the movable
files, were not initially budgeted. Additional funding needed for the project can be taken from
unexpended capital from the library building project. Slocomb moved to accept the quote of
$172,259.32 submitted by Boise Cascade. Salentine seconded. Motion carried 5-0. The
Mayor stated that the purchase of chairs will be brought forward in the future as well as a
budget transfer.
Reso. #174-2000 - Approval of Settlement Agreement Between Parkland Venture LLC and the
City of Muskego. Chiaverotti moved for adoption. Sanders seconded. Mr. McMullen stated
the agreement was drafted by Atty. Baxter. The attorney has requested that the LLC
documentation be attached as an exhibit. The legal description is also being researched and
will be attached. Mr. McMullen presented an overview of the agreement. Salentine moved to
amend to add, “BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer, in
consultation with the City’s Attorney, may make technical changes to the agreement. Sanders
seconded; motion carried. Reso. #174-2000, as amended, adopted 5-0. Mr. McMullen was
dismissed at 9:25 p.m.
Ord. #1037 - An Ordinance to Amend the Zoning Map of the City of Muskego (Tess Corners
Volunteer Fire Department - RSE to RSE/OIP). First Reading.
Ord. #1038 - An Ordinance to Create Chapter 36 of the Municipal Code of the City of Muskego
(Wireless Facilities). First Reading. Slocomb confirmed that Mr. Turk would review the
comments expressed at the public hearing and attempt to incorporate them in the ordinance
and provide a redlined version.
Ord. #1039 - An Ordinance to Create Chapter 35 of the Municipal Code of the City of Muskego
(Property Maintenance Code). First Reading. Atty. Molter reiterated concerns regarding
proposed ordinance language as expressed in correspondence from his office dated March 1,
2000. The Council determined that alternative language should be reviewed prior to second
reading.
LICENSES
Slocomb moved to approve Operator’s Licenses for Margaret Bissell, Jeanette Paul, and
Sandra Thiel. Salentine seconded; motion carried.
VOUCHER APPROVAL
Slocomb moved for approval of payment of General Vouchers in the amount of $645,646.46.
Sanders seconded. Motion carried 5-0. Slocomb moved for approval of Tax Checks in the
amount of $16,032.07. Salentine seconded. Motion carried 5-0. Sanders moved for approval
of payment of Utility Vouchers in the amount of $322,655.53. Slocomb seconded. Motion
carried 5-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Discuss rezoning process for Planned Unit Developments
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August 8, 2000
The Mayor stated the City had three options: pass a resolution of intent, rezone the property
at the beginning of the development, or rezone it at the end. Atty. Molter provided what he
believed was the rationale for using the concept resolution; he opposes the idea of rezoning
property up front. Mr. Turk stated that the rezoning should be done as the development is
finalized and tied to a developer’s agreement. He further noted that the City can streamline
the process so it would take less time. Mr. Turk stated that developers often do not know what
the concept resolution is but they have certain expectations following adoption by the City. No
other communities do this. Wichgers requested clarification and expressed concern about
changing the procedure and eliminating the resolution. Slocomb and Chiaverotti stated their
opposition to giving a developer a resolution of intent. Slocomb said it is unfair and some
expectation of rights is acquired by a developer. Chiaverotti stated using the concept
resolution was the policy of the City at a certain point in time. There are other ways to do
things and the policy can be changed;. Slocomb moved to eliminate the resolution and tie
rezoning for planned unit developments to a developer’s agreement. Chiaverotti seconded;
motion carried. Mr. Turk was dismissed at 10:15 p.m.
Discuss lake district fees
The Mayor provided a proposal to calculate the City’s payment of lake fees on a unit basis. It
could be used by the other lake districts and would be re-evaluated every year. Chiaverotti
moved to use the proposed methodology to determine the City’s payment of fees for all lake
districts. Wichgers seconded; motion carried.
It was not necessary to convene into closed session as the Mayor noted there was nothing to
report. Chiaverotti moved to adjourn at 10:56 p.m. Sanders seconded; motion carried.
Respectfully submitted,
Jill Blenski, CMC
Deputy Clerk