CM102400
COMMON COUNCIL - CITY OF MUSKEGO
MINUTES OF MEETING HELD OCTOBER 24, 2000
Approved November 14, 2000
The meeting was called to order at 8:01 p.m. by Mayor De Angelis. Also present were
Ald. Slocomb, Chiaverotti, Le Doux, Patterson, Salentine, Sanders and Wichgers
(arrived at 8:18 p.m.), Engineering/Building Inspection Director McMullen, Plan Director
Turk, City Attorney Molter, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. The
Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting
law on 10/20/00 and 10/23/00 as amended.
Salentine moved for approval of minutes of 10/10/00. Sanders seconded; motion
carried.
The Clerk-Treasurer read the notice of closed session. The Mayor noted it would not
be necessary to convene into closed session as Mr. Randall of Digital Access
appeared at the public hearing.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor and several City officials will visit the Midwest Power plant in Omaha. The
City has received a copy of the protest petition submitted to the City of New Berlin by
Muskego residents on Tans Drive regarding rezoning for a proposed power plant.
Reso. #207-2000 - Honoring City of Muskego Eagle Scout Eric Rommelfaenger.
Patterson moved for adoption. Salentine seconded. Motion carried 6-0. The Mayor
congratulated Eric and presented the resolution to him.
Reso. #134-2000 - Establish Traffic Regulations, on the floor, deferred 10/10/2000.
Salentine moved to defer. Slocomb seconded; motion carried.
Reso. #202-2000 - Resolution as to Offer to Purchase – Sewer Utility Easements –
Superior Emerald Park, on the floor, deferred 10/10/2000. Slocomb moved to defer.
Le Doux seconded; motion carried.
Reso. #206-2000 - Approval of Cable Television Franchise Agreement with Digital
Access of Wisconsin, Inc., on the floor, deferred 10/10/2000. Slocomb moved to defer.
Patterson 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 10/10/2000. Mr. McMullen stated the revised
map would be ready for the next meeting. Slocomb moved to defer. 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
10/10/2000. Slocomb moved to defer. Sanders seconded; motion carried.
Common Council Minutes Page 2
October 24, 2000
Ord. #1042 – An Ordinance to Adopt the 2010 Comprehensive Plan for the City of
Muskego, on the floor, deferred 10/10/00. (Wichgers arrived at 8:18 p.m.) Council
members reviewed Chapters 1 through 3 of the plan with Mr. Turk. Discussion took
place regarding the City’s flexibility to change zoning once the plan is adopted.
Patterson stated the citizens believe changes should not take place. Slocomb stated
there is a process for the Council to review and approve changes; it is unrealistic to
assume that changes will not occur within a 10-year period. Mr. Turk noted that in the
future if the City approves a rezoning, the plan will also have to be amended. It was
noted that changes to the plan proposed by the Council will be forwarded to the Plan
Commission for review. Patterson moved to defer. Chiaverotti seconded; motion
carried. Mr. Turk was dismissed.
Reso. #212-2000 - Resolution Authorizing Filing, Serving and Taking All Necessary
Actions to File a Judicial Review of the October 6, 2000 Department of Natural
Resources (DNR) Approval of the Sewer User Ordinance and User Fees Adopted by
the Sanitary District No. 1 of the Town of Norway and a Notice of Circumstances of
Claim and Claim by the City of Muskego Against the Sanitary District No. 1 of the Town
of Norway (District). Sanders moved for adoption. Le Doux seconded. Atty. Molter
stated the City has 30 days to appeal the 10/6/2000 decision of the DNR to court.
Motion carried 7-0.
Reso. #215-2000 - Approval of Amendment to Agreement Between Steven and
Catherine Zmudzinski and the City of Muskego. Salentine moved for adoption.
Slocomb seconded. Motion carried 7-0.
Reso. #216-2000 - Amendment to Final Resolution Authorizing Installation of
Improvements and Levying of Special Assessments Against Benefited Property -
Resolution #137-2000 (Movie Plex - S67 W19491 Tans Drive). Slocomb moved for
adoption. Le Doux seconded. Motion carried 7-0. Atty. Molter was dismissed.
Reso. #217-2000 - A Relocation Order Pursuant to Resolution Approving Acquiring
Property for Additional Right-of-Way for Moorland Road Extension and Acquisition of
Land for a Community Center. Salentine moved for adoption. Le Doux seconded.
Motion carried 7-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Council Chambers Decor
Mr. McMullen discussed details for the Council table and background area. He is
recommending the front of the table be wood with a laminate top. Storage cabinets for
each Alderman are proposed. The architect has suggested a wood background for the
Council table at a cost of $80,000, which was determined to be too costly. Mr.
McMullen stated an alternative would be to use a fabric similar to what is in the
Alderman’s Room in a neutral color for the background. Mr. McMullen will obtain cost
estimates.
Parkland Mall Demolition
Common Council Minutes Page 3
October 24, 2000
Mr. McMullen stated that Parkland Ventures has not signed the Settlement Agreement
to date. He has provided assistance to Mr. Dyer to accomplish the demolition. The
Mayor noted that Mr. Dyer’s attorney has indicated that it is his intent to sign the
agreement and raze the building. He asked for input regarding initiation of the process
for mandatory razing. Mr. McMullen explained the time frame. The City could begin
the process and if Mr. Dyer signs the settlement and proceeds with the demolition in
accordance with the agreement, the City does not have to proceed. Patterson moved
to direct Mr. McMullen to begin the process for a mandatory razing order. Chiaverotti
seconded; motion carried.
Special Council Meeting
Mr. McMullen requested a special Council meeting be held to authorize submittal of a
Brownfield Site Assessment Grant for the Somogji property, which is due in Madison on
11/1. Meeting scheduled for 10/27/2000 at 10:00 a.m. at City Hall. Mr. McMullen was
dismissed at 10:51 p.m.
COMMITTEE REPORTS
Salentine moved for acceptance of the 10/18/2000 and 10/24/2000 Finance Committee
minutes. Sanders seconded; motion carried.
Sanders moved for acceptance of the 10/16/2000 Public Utilities Committee minutes.
Slocomb seconded; motion carried.
Minutes of the 10/9/2000 Parks and Recreation Board and 10/17/2000 Plan
Commission were received and placed on file.
Ord. #1044 - An Ordinance to Repeal and Recreate Chapter 31 of the Municipal Code
of the City of Muskego (Cable Television Franchise). Second Reading. Slocomb
moved for adoption. Patterson seconded. The Mayor stated written correspondence
was submitted by Robert LeClaire encouraging the City to pursue negotiations with
Digital Access; the competition will decrease rates and increase responsiveness.
Patterson moved to defer. Slocomb seconded; motion carried.
Reso. #208-2000 - Recognition of 25 Years of Service - Jean K. Marenda. Salentine
moved for adoption. Patterson seconded. Motion carried 7-0. The Mayor presented
the resolution to Jean who stated she has enjoyed her employment with the City. She
expressed her gratitude to the Council and fellow employees.
Reso. #209-2000 - Approval of Certified Survey Map - Bagley. Chiaverotti moved for
adoption. Le Doux seconded. Motion carried 7-0.
Reso. #210-2000 - Approval of Condominium Plat - Lakewood Development.
Chiaverotti moved for adoption. Le Doux seconded. Motion carried 7-0.
Reso. #211-2000 - Approval of 2001 Salary Increase for Nonrepresented Employees of
the City of Muskego. Salentine moved for adoption. Slocomb seconded. Motion
carried 7-0.
Common Council Minutes Page 4
October 24, 2000
Reso. #213-2000 - Resolution to Establish Fee for Rescue Service ($244-residents;
$350-nonresidents). Sanders moved for adoption. Slocomb seconded. Motion carried
7-0.
Reso. #214-2000 - Approval of General Facility Agreement Between the City of
Muskego and Muskego-Norway School District. Slocomb moved for adoption. Sanders
seconded. Motion carried 7-0.
Reso. #218-2000 - Resolution as to Modifications Regarding Compensation and
Classification Plan for Nonrepresented Employees. Sanders moved for adoption.
Slocomb seconded. Slocomb moved to amend to include points for the Accountant
position as follows: KN 6VM 215, PR 5De 81, A/R D112c 81, W/C A1L 0 with a total
of 377 points. Salentine seconded; motion carried. Reso. #218-2000, as amended,
adopted 7-0.
Reso. #219-2000 - Resolution Adopting a Joint Powers Agreement for the 911
Emergency System. Le Doux moved for adoption. Sanders seconded. Motion carried
7-0. The Mayor stated that the agreement automatically renews, but the Council must
pass the resolution to comply with state statutes.
Reso. #220-2000 - Resolution for Urban Forestry Grant Program 2001. Slocomb
moved for adoption. Salentine seconded. Motion carried 7-0.
Ord. #1046 - An Ordinance to Establish Salaries for Elected Officials. First Reading. It
was noted that the Finance Committee recommended the 2001 salary be $286.62 and
the 2002 salary be $293.79. Discussion took place regarding increasing the additional
amount received by the Council president. The Mayor will research.
LICENSES
Slocomb moved to approve an Operator’s Licenses for Gregory Zajac, Scott Sill, David
Markowiak and Brandi Retzlaff. Sanders seconded; motion carried.
VOUCHER APPROVAL
Slocomb moved for approval of payment of General Vouchers in the amount of
$1,049,933.46. Sanders seconded. Motion carried 7-0. Sanders moved for approval
of payment of Utility Vouchers in the amount of $578,329 13. Le Doux seconded.
Motion carried 7-0.
Sanders moved to adjourn at 11:23 p.m. Chiaverotti seconded; motion carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Common Council Minutes Page 5
October 24, 2000
Clerk-Treasurer