CM091200
COMMON COUNCIL - CITY OF MUSKEGO Approved 9/26/2000
MINUTES OF MEETING HELD SEPTEMBER 12, 2000
The meeting was called to order at 7:42 p.m. by Mayor De Angelis. Also present were Ald.
Slocomb, Chiaverotti, Le Doux, 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 9/8/00.
Le Doux moved for approval of minutes of 8/22/00. Sanders seconded; motion carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor De Angelis gave an update on the City Hall remodeling project noting it is on schedule.
Reso. #184-2000 – Relocation Order of the City of Muskego, Waukesha County, Wisconsin
(Storm Sewer Watercourse Control Improvement Project-Somogji Property). Salentine moved
for adoption. Slocomb seconded. Atty. Molter stated he reviewed property acquisitions of this
type done by other communities. The condemnation procedures must be followed. A
relocation expert is also necessary. He encouraged the City to develop a definitive policy on
the types of properties eligible for acquisition. Sanders stated he opposes the City acquiring
these properties. Motion carried 6 in favor and Sanders voting “no.”
Reso. #185-2000 – Authorizing the Hiring of an Appraiser and Relocation Expert to Carry Out
Relocation Order Known as Resolution #184-2000 (Storm Sewer Watercourse Control
Improvement Project – Somogji Property). Salentine moved for adoption. Slocomb seconded.
Motion carried 6 in favor and Sanders voting “no.”
Reso. #188-2000 – Approval of Final Plat, Subdivider’s Agreement, Letter of Credit and Model
Home Agreement for Lakewood Development. Salentine moved for adoption. Slocomb
seconded. Slocomb moved to amend to include revised Retention Pond Agreement as
presented by Mr. Turk. Chiaverotti seconded; motion carried. Reso. #188-2000, as amended,
adopted 7-0.
Reso. #189-2000 – Approval of Subdivider’s Agreement and Letter of Credit for Pegarl LLP.
Salentine moved for adoption. Chiaverotti seconded. Salentine moved to amend Section XIII
of the Subdivider’s Agreement to remove the word “water” from Item 1. Slocomb seconded;
motion carried. Reso. #189-2000, as amended, adopted 7-0.
Reso. #190-2000 – Approval of Certified Survey Map – Pegarl LLP/Rausch. Chiaverotti
moved for adoption. Le Doux seconded. Motion carried 7-0.
Reso. #191-2000 – Approval of Certified Survey Map – Pegarl LLP/Rausch. Chiaverotti
moved for adoption. Sanders seconded. Motion carried 7-0.
Ord. #1041 – An Ordinance to Amend the Zoning Map of the City of Muskego (RS-2/W/L to
RSA/OPD/L/W – Rausch). First Reading.
Reso. #134-2000 - Establish Traffic Regulations, on the floor, deferred 8/22/2000. Chiaverotti
moved to defer to Public Services Committee. Patterson seconded; motion carried.
Reso. #175-2000 - A Resolution Creating, Describing and Making Certain Findings and
Approving Project Plan for Tax Incremental District No. 8, City of Muskego, Wisconsin.
Slocomb moved for reconsideration. He believes the plan must also address water quality
Common Council Minutes Page 2
September 12, 2000
issues. Chiaverotti seconded. Motion carried 7-0. Slocomb stated the water quality
component was not included in the plan as adopted. Both water quantity and quality
standards must be satisfied to comply with the City’s ordinance. He suggests that the most
cost effective way to accomplish this is to alter the existing ponds and establish storage
capacity and water quality structures adjacent to the existing ponds. The cost of the water
quality component is estimated to be $275,000, with $161,000 available through existing grant
funds. He recommends that the remainder of $114,000 be included in TID 8 for storm water
improvements and development incentives be reduced by the same amount. Patterson moved
to increase storm water improvements by $114,000 and reduce development incentives in the
02-04 column by the same amount. Slocomb seconded. Discussion continued with Wichgers
expressing concern that the maximum potential of the project will not be achieved with a
further reduction of development incentives. He noted that correspondence from Don Pionek
expresses the same concern. The developer needs the development incentives to obtain
financing for the project. The Mayor stated that the water quality component is still a
responsibility of the developer whether included in the TID or not. Wichgers stated that the
plan was put together following meetings the developer had with City officials. A further
reduction of the development incentives may “blow the deal.” Mayor De Angelis noted that it
was pointed out to the developer that the Council might not agree to the removal of this portion
of storm water management from the plan and could decide to put it back; it was the
developer’s wish. The total TID is still $2.8 million. He does not understand how reducing
development incentives has anything to do with the quality of the TID and the developer’s
ability to borrow money. Wichgers stated that the developer would not be able to bring the
retail here that the City has sought in the past. Salentine noted $856,000 remains in
development incentives. Wichgers stated too much was removed last time and now more may
be removed; take the money from some other source. The Mayor stated the bulk of the $2.8
million is going for developer responsibilities. The $114,000 amount should not be the
difference between making or breaking the project; it is still staying within the TIF. Chiaverotti
called for the question on the motion. Sanders objected. Motion failed for lack of 2/3 majority.
Slocomb, Chiaverotti, Le Doux and Salentine voted “yes” and Patterson, Sanders, and
Wichgers voted “no.” Sanders also expressed concern about reducing the development
incentives and the effect on the overall quality of the project. He asked if landfill money could
be used to address some of the storm water issues. The Mayor stated other money could be
used at some point in the future. Decisions can be made later once a plan is in place. Other
alternatives are available. Patterson asked if underground wiring was critical and had to be
done now? Mayor stated it is an aesthetic issue but if the underground wiring is done, it
should be done now for cost savings. Salentine called for the question; there were no
objections. Motion carried 6 in favor and Wichgers voting “no.” Patterson moved to add the
word “underground” to the Economic Development Incentives paragraph on Page 3 of the Plan
relating to the on-site public parking. Slocomb seconded. Wichgers disagreed because of the
changes made. The Mayor stated the underground parking is necessary to help the developer
meet storm water and building requirements. It was clarified that the developer receives
money on a reimbursable basis. Motion failed with Slocomb, Le Doux, Sanders and Wichgers
voting “no” and Chiaverotti, Patterson and Salentine voting “yes.” Reso. #175-2000, as
amended, adopted 6 in favor and Wichgers casting a “no” vote.
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 8/22/00. Salentine moved to defer to 11/14/2000. Chiaverotti seconded; motion
carried.
Common Council Minutes Page 3
September 12, 2000
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 8/22/00.
Slocomb moved to defer. Le Doux 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 8/22/00. Slocomb moved to defer to 10/10/2000. Chiaverotti seconded; motion
carried.
Ord. #1037 - An Ordinance to Amend the Zoning Map of the City of Muskego (Tess Corners
Volunteer Fire Department - RSE to RSE/OIP), on the floor, deferred 8/22/00. Slocomb moved
to defer. Le Doux seconded; motion carried.
Reso. #181-2000 - Amendment to the Deposit and Forfeiture Schedule (Chapter 21). Sanders
moved for adoption. Le Doux seconded. Motion carried 7-0.
Reso. #182-2000 – Third Amended Final Resolution Authorizing Installation of Sanitary Sewer
Improvements and Levying of Special Assessments Against Benefited Property (North
Cape/Ryan Road Sewer Project MSS-1B-96 – Assessment District “SN”). Sanders moved for
adoption. Le Doux seconded. Motion carried 7-0.
Reso. #183-2000 - Approval of Agreement with Muskego-Norway School District for Liaison
Officers. Sanders moved for adoption. Salentine seconded. Motion carried 7-0.
Reso. #186-2000 – Approval of Certified Survey Map – Schneider, Town of Norway.
Chiaverotti moved for adoption. Slocomb seconded. Motion carried 7-0.
Reso. #187-2000 – Approval of Certified Survey Map – Lekfield. Chiaverotti moved for
adoption. Salentine seconded. Motion carried 7-0.
Reso. #192-2000 – Approval of Certified Survey Map – Krause. Removed from agenda.
Reso. #193-2000 – Relocation Order of the City of Muskego, Waukesha County, Wisconsin
(Superior Emerald Park Sewer). Salentine moved for adoption. Slocomb seconded. Motion
carried 7-0.
Ord. #1040 – An Ordinance to Amend Chapter 29 of Municipal Code of the City of Muskego
(Erosion Control). First Reading.
Ord. #1042 – An Ordinance to Adopt the 2010 Comprehensive Plan for the City of Muskego.
First Reading. Mr. Turk, Mr. McMullen and Atty. Molter were dismissed at 10.06 p.m.
COMMITTEE REPORTS
Sanders moved for acceptance of the 8/21/2000 Public Utilities Committee minutes. Slocomb
seconded; motion carried.
Salentine moved for acceptance of the 8/28/2000 and 9/12/2000 Public Works Committee
minutes. Chiaverotti seconded; motion carried.
Salentine moved for acceptance of the 9/6/2000 and 9/12/2000 Finance Committee minutes.
Sanders seconded; motion carried.
Common Council Minutes Page 4
September 12, 2000
Patterson moved for acceptance of the 9/5/2000 Public Service Committee minutes. Le Doux
seconded; motion carried.
Minutes of the 8/23/2000 Library Board and 9/5/2000 Plan Commission were received and
placed on file.
LICENSES
Slocomb moved to approve Operator’s Licenses for Julia Hebbring and Jeremy Bronner.
Salentine seconded; motion carried.
VOUCHER APPROVAL
Slocomb moved for approval of payment of General Vouchers in the amount of $1,423,218.07.
Sanders seconded. Motion carried 7-0. Sanders moved for approval of payment of Utility
Vouchers in the amount of $525,210.03. Le Doux seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
The deputy clerk stated a public hearing was scheduled for 9/26/2000 at 7:25 p.m. to consider
an amendment to Chapter 18 of the City of Muskego Land Division Ordinance regarding
existing substandard lots.
Chiaverotti moved to adjourn at 10:12 p.m. Sanders seconded; motion carried.
Respectfully submitted,
Jill Blenski, CMC
Deputy Clerk