CM012301
COMMON COUNCIL - CITY OF MUSKEGO
MINUTES OF MEETING HELD JANUARY 23, 2001
Approved: February 13, 2001
The meeting was called to order at 7:48 p.m. by Mayor De Angelis. Also present were
Ald. Slocomb, Chiaverotti, Le Doux, Patterson, Salentine, Sanders and Wichgers,
Engineering/Building Inspection Director McMullen, Plan Director Turk, Police Chief
Johnson, City Attorney Molter, and Deputy Clerk Blenski. The Deputy Clerk stated the
meeting was noticed in accordance with the open meeting law on 1/19/2001.
Le Doux moved for approval of the 1/9/01 minutes. Chiaverotti seconded. Slocomb
stated the amount of Tax Checks approved at 1/9/01 meeting should have been
$13,140,869.06. Motion to approve minutes as corrected carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor read a proclamation designating February 11 - 17, 2001 Career and
Technical Education Week. The Mayor gave an update on the City Hall remodeling.
As of 2/13/01 the Common Council meetings will be moved back to the Muskego Room
at City Hall. The Mayor will participate in the Polar Plunge to benefit Special Olympics
on 2/11/01.
Ord. #1053 - An Ordinance to Amend the Zoning Map of the City of Muskego (EA to A -
Dale Creek Gun Dogs). Second Reading. Salentine moved for adoption. Chiaverotti
seconded. Mayor stated that protest petitions filed are valid and a ¾ majority vote is
required. Atty. Molter recommends the City consider an amendment to the Municipal
Code regarding voting requirements because there is a conflict with state statutes.
Salentine stated the City made a commitment in the past to rezone EA properties back
to underlying zoning. The rezoning does not automatically mean the dog kennel will be
there. The Plan Commission will carefully need to review the conditional use petition.
Sanders agreed stating the new Comp Plan supports reverting EA properties back to
the underlying zoning. He also stated the Council must review zoning as a separate
issue from use. Wichgers expressed concern because the petitioner intends to put a
business there. This is a residential area and a business use is not a good fit.
Patterson also supported the City’s past commitment. This is a zoning issue and not a
usage issue. He does not believe the Plan Commission will view the rezoning as an
automatic green light. Chiaverotti stated the Council cannot make decisions about
zoning based on potential uses. Mr. Turk noted the Plan Commission has the
discretion to review a petition for a conditional use permit for a dog kennel under the
existing EA zoning. Rezoning to A was recommended to be consistent with that of the
other dog kennels. Slocomb stated the constraints on use must come from the Plan
Commission. The Plan Commission cannot view rezoning as approval for a particular
use. Wichgers stated he would consider the rezoning as a separate issue but requests
the petitioner find a different location for the intended use, or consider a different use
for that parcel because it does not fit with what exists in the area. Motion to adopt Ord.
#1053 adopted 7-0.
Reso. #9-2001 - Recognition of 29 Years of Service - James A. Budish - Muskego
Police Department. Salentine moved for adoption. Sanders seconded. Motion carried
7-0. Resolution was presented to Det. Lt. Budish.
Common Council Minutes Page 2
January 23, 2001
PERSONAL APPEARANCES
Thomas Tym of Ruekert & Mielke demonstrated an internet-based GIS System. Dustin
Wolff and Emily Champagne were also present. Following the presentation, Mr. Turk
and Plan Department staff were dismissed.
Reso. #19-2001 - Award of Bid - Outdoor Siren Warning System. Chief Johnson
presented preliminary information about the system and site locations before the
resolution was brought to the floor. The bid submitted by American Signal Corp. in the
amount of $140,808 is for 10 sirens. It is recommended that an additional siren be
included at a cost of $12,776. The site map reviewed reflected 11 sirens. Salentine
suggested that a schedule be developed so various system tests could be performed
consistently. Discussion also took place regarding citizen notification; use of the City
Newsletter was suggested. Chief Johnson stated the location is important to obtain
maximum coverage. Slocomb moved for adoption. Chiaverotti seconded. Slocomb
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moved to amend to add an 11 siren at a cost of $12,776. Salentine seconded; motion
carried. The consensus of the Council was to notify residents within a 300’ radius of a
siren location. Patterson requested a new map when final determination of the siren
locations is made. The Mayor stated an insert could be included in the next Newsletter
to provide general information for all residents. Reso. #19-2001, as amended, adopted
7-0.
Reso. #134-2000 - Establish Traffic Regulations, on the floor, deferred 1/9/2001.
Chiaverotti moved to defer. Sanders seconded; motion carried.
Reso. #206-2000 - Approval of Cable Television Franchise Agreement with Digital
Access of Wisconsin, Inc., on the floor, deferred 1/9/2001. Patterson moved to defer.
Le Doux 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 Zoning Ordinance: Official Map
(Plum Creek), on the floor, deferred 11/14/2000. Mr. McMullen presented information
on the final map as revised and noted the Rausch property was included. Sanders
moved to amend parcel description to include additional tax key numbers and change
section reference to 1.5(2)(o). Le Doux seconded; motion carried. Ord. #934, as
amended, adopted 7-0.
Ord. #1042 - An Ordinance to Adopt the 2010 Comprehensive Plan for the City of
Muskego, on the floor, deferred 1/9/2001. Slocomb moved to defer. Patterson
seconded; motion carried.
Ord. #1044 - An Ordinance to Repeal and Recreate Chapter 31 of the Municipal Code
of the City of Muskego (Cable Television Franchise), on the floor, deferred 1/9/2001.
Patterson moved to defer. Le Doux seconded; motion carried.
Ord. #1054 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-
2/OLR to RS-2 - Friedrich). Second Reading. Chiaverotti moved for adoption.
Slocomb seconded. Motion carried 7-0.
Common Council Minutes Page 3
January 23, 2001
Ord. #1055 - An Ordinance to Amend the Zoning Map of the City of Muskego (EA/OOS
to A - Kaebisch). Second Reading. Salentine moved for adoption. Chiaverotti
seconded. Motion carried 7-0.
Reso. #16-2001 - Approval of Agreement with Welch Hanson & Associates, Inc. for
Engineering Services. Salentine moved for adoption. Slocomb seconded. Mr.
McMullen reviewed the following revisions to the agreement: removal of paragraphs e.
and f., and the last sentence in paragraph k. under General Terms and Conditions. He
also stated that the nonexclusive language would be expanded under Scope of
Services. After further discussion, it was also determined that language in paragraph
g. requiring the reasons and details for termination would be removed. Slocomb moved
to amend the Agreement as discussed. Wichgers seconded; motion carried with 6 in
favor and Patterson abstaining because of potential conflict. Reso. #16-2001, as
amended, adopted 6 in favor and Patterson abstaining.
Reso. #17-2001 - Approval of Lease Agreement between the City of Muskego and
Muskego Chamber of Commerce. Slocomb moved for adoption. Salentine seconded.
Salentine moved to amend the Lease to add, “a Wisconsin nonprofit corporation”
following the “Muskego Chamber of Commerce” on page 1 and signature page.
Wichgers seconded; motion carried. Reso. #17-2001, as amended adopted 7-0.
Reso. #18-2001 - Resolution to Establish Fees (Table #1 - Schedule of Building Permit
Fees). Salentine moved for adoption. Le Doux seconded. Motion carried 7-0.
Reso. #20-2001 - Resolution to Accept the Racine Avenue Gateway Design Guide.
Chiaverotti moved for adoption. Salentine seconded. Salentine moved to remove the
word, “highly” under 3.01 B. Buildings on page 3. Chiaverotti seconded; motion carried.
Reso. #20-2001, as amended, adopted 7-0.
Reso. #21-2001 - Award of Bid - Superior EPI Lift Station and Force Main. Slocomb
moved for adoption. Sanders seconded. Sanders moved to amend NOW, BE IT
FURTHER RESOLVED paragraph to include, “and contingent upon all award and
contract documents being approved by the Mayor and receipt of DNR and DOT
permits.” Le Doux seconded; motion carried. Reso. #21-2001, as amended, adopted
7-0. Atty. Molter and Mr. McMullen were dismissed.
COMMITTEE REPORTS
Salentine moved for acceptance of the 1/9/2001 Public Works Committee minutes.
Patterson seconded; motion carried.
Slocomb moved for acceptance of the 1/17/2001 and 1/23/2001 Finance Committee
minutes. Salentine seconded; motion carried.
Minutes of the 1/22/2001 Public Utilities Committee were not available.
Minutes of the 1/8/2001 Parks and Recreation Board and 1/16/2001 Plan Commission
were received and placed on file.
Common Council Minutes Page 4
January 23, 2001
Reso. #10-2001 - Recognition of 29 Years of Service - Jerome W. Schmeling -
Muskego Police Department. Slocomb moved for adoption. Sanders seconded.
Motion carried 7-0.
Reso. #11-2001 - Resolution Authorizing Ehlers and Associates, Inc. to Solicit
Competitive Proposals for Not to Exceed $2,250,000 General Obligation Promissory
Notes of the City of Muskego, Wisconsin. Sanders moved for adoption. Slocomb
seconded. Motion carried 7-0.
Reso. #12-2001 - Approval of Certified Survey Map - Minelli. Chiaverotti moved for
adoption. Le Doux seconded. Motion carried 7-0.
Reso. #13-2001 - Approval of Certified Survey Map - Fairfield Place, Inc. Chiaverotti
moved for adoption. Le Doux seconded. Motion carried 7-0.
Reso. #14-2001 - Approval of Certified Survey Map - Kaebisch. Chiaverotti moved for
adoption. Le Doux seconded. Motion carried 7-0.
Reso. #15-2001 - Approval of Certified Survey Map - Valley Green Lift Station.
Chiaverotti moved for adoption. Sanders seconded. Motion carried 7-0.
LICENSES
Slocomb moved for approval of an Operator’s License for Bonnie Horner and Emily
Bowman and Temporary Operator’s License for Susan Ignaczak for 2/9, 3/9 and
3/23/2001. Salentine seconded; motion carried.
Slocomb moved for approval of Temporary Class “B” Retailer’s License for St. Leonard
Congregation for 2/9, 3/9 and 3/23/2001 and Temporary “Class B” Retailer’s License
for St. Leonard for 2/9/2001. Patterson seconded. Motion carried 7-0.
Slocomb moved for approval of Races on Ice Permit for Muskego Icetronauts for
2/11/2001. Sanders seconded; motion carried.
Slocomb moved for approval of Temporary Class “B” Retailer’s License for Muskego
Icetronauts for 2/11/2001. Patterson seconded. Motion carried 7-0.
VOUCHER APPROVAL
Slocomb moved for approval of payment of General Vouchers in the amount of
$968,444.03. Sanders seconded. Motion carried 7-0. Slocomb moved for approval of
Tax Checks in the amount of $26,945.41. Sanders seconded. Motion carried 7-0.
Sanders moved for approval of payment of Utility Vouchers in the amount of
$108,316.17. Le Doux seconded. Motion carried 7-0.
Slocomb moved to adjourn at 10:23 p.m. Sanders seconded; motion carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Common Council Minutes Page 5
January 23, 2001
Jill Blenski, CMC
Deputy Clerk