CM021301
COMMON COUNCIL - CITY OF MUSKEGO
MINUTES OF MEETING HELD FEBRUARY 13, 2001
Approved: February 27, 2001
The meeting was called to order at 8:08 p.m. by Mayor De Angelis. Also present were
Ald. Slocomb, Chiaverotti, Le Doux, Patterson, Salentine, and Sanders,
Engineering/Building Inspection Director McMullen, City Attorney Molter, Clerk-
Treasurer Marenda, and Deputy Clerk Blenski. Ald. Wichgers was absent. The Clerk-
Treasurer stated the meeting was noticed in accordance with the open meeting law on
2/9/2001.
Salentine moved for approval of the 1/23/01 minutes. Le Doux seconded. Motion
carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor De Angelis thanked everyone who supported him at the Polar Plunge for Special
Olympics on Sunday.
Reso. #27-2001 - Relocation Order - McIntosh. Salentine moved for adoption. Le
Doux seconded. Mr. McMullen stated acquisition of the McIntosh property was
recommended by the Committee of the Whole on 2/8. The property is completely
encompassed within the dam failure line and the 100-year floodplain. As part of the
watercourse improvement project for the area, it is proposed that acquisition be
pursued, the dwelling razed and the property reverted to a natural setting. Atty. Molter
noted that an appraiser and relocation expert would be hired as part of the acquisition
process. Motion carried 6-0.
Reso. #28-2001 - Authorizing the Hiring of an Appraiser and Relocation Expert to Carry
Out Relocation Order Known as Resolution #27-2001. Slocomb moved for adoption.
Salentine seconded. Motion carried 6-0.
Reso. #30-2001 - Approval of Certified Survey Map - Martin. Chiaverotti moved for
adoption. Salentine seconded. Mayor provided some background information. The
City passed a Resolution of Necessity to acquire the property in November. A title
search revealed that a small portion of the property had been previously sold. An
amended Resolution of Necessity with a corrected legal description was passed in
January. Mr. Martin has continued to go through the certified survey map process to
create the one-acre parcel he currently has accepted an offer on. If Reso. #33-2001 is
adopted, the City could also present an offer for the one-acre parcel. The City will have
to determine if it will continue with the acquisition process if the property is sold to the
other potential buyers. The condemnation process granted by state statute allows the
City to pursue the acquisition. Salentine stated the City has desired to acquire this
parcel for the past six years. The Mayor also noted that the remainder of the property
including the one-acre has been identified in the Park and Open Space Plan as one of
the priority acquisition sites. The City notified those properties that were identified in
the plan. Property owners who objected could have requested that their property be
removed. Motion to adopt carried 6-0.
Common Council Minutes Page 2
February 13, 2001
Reso. #33-2001 - Offer to Purchase - Martin (Park Arthur). Salentine moved for
adoption. Chiaverotti seconded. Atty. Molter noted the insertion of two dates:
3/20/2001 on line 44 and 2/16/2001 on the Addendum. The Mayor asked if the Council
wanted to pursue an environmental audit. If Mr. Martin closes with the other potential
buyers, an offer will have to be presented to the new owners if the City determines to
continue with the condemnation procedure. The Mayor noted that both Mr. Martin and
the potential buyers were present. Slocomb stated it has been the intent of the City to
acquire the property since 1995. Acquisition would provide protection to Little Muskego
Lake. Residential development of this parcel in the middle of park property may not be
in the best interest of the owner; he sees potential conflicts. Slocomb supports
pursuing acquisition. Salentine and Chiaverotti agreed. Le Doux stated this isn’t a
wide-open area. There is an existing house already there. He supports looking at
other options. The consensus of the Council was not to pursue an environmental audit.
Patterson moved for privilege of the floor to allow the potential buyers to speak. There
were no objections. The potential buyers stated they initially saw the property in
November and did not know anything about acquisition for park purposes. They have
an accepted offer and have proceeded to obtain financing and building plans. They
then became aware there was no certified survey map. The Martins’ attorney
presented them with an amendment that extends the closing date until March 30. They
do not know what is going on. Atty. Molter noted the situation is unfortunate. However,
these are issues between the potential buyers and the Martins. Motion carried 6-0.
Reso. #134-2000 - Establish Traffic Regulations, on the floor, deferred 1/23/2001.
Chiaverotti moved to amend to post “No Parking” signs on the west side of Lakeview
Drive from Ridge Road to a point approximately 175 feet north. Patterson seconded;
motion carried. Reso. #134-2000, as amended, adopted 6-0.
Reso. #206-2000 - Approval of Cable Television Franchise Agreement with Digital
Access of Wisconsin, Inc., on the floor, deferred 1/23/2001. Patterson moved to defer.
Le Doux seconded; motion carried.
Ord. #1042 - An Ordinance to Adopt the 2010 Comprehensive Plan for the City of
Muskego, on the floor, deferred 1/23/2001. Salentine moved to defer. Chiaverotti
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. Slocomb seconded; motion carried.
Reso. #23-2001 - Approval of Amendment to Intergovernmental Cooperation
Agreement (City of Muskego Firearms Training Facility). Slocomb moved for adoption.
Salentine seconded. Atty. Molter pointed out several substantial concerns he has with
the Amendment to the Agreement as noted in correspondence dated 2/13/2001. As
tactical shoot house will be constructed on property leased from Superior Emerald Park
Landfill, written permission should be obtained from them. He is concerned that the
entire $100,000 from the City of Milwaukee will be able to be obtained for both
contracts (Reso. #24-2001 and Reso. #25-2001). He recommends the following
changes: in the first Whereas on Page 1, add “which includes all of the work to be
Common Council Minutes Page 3
February 13, 2001
done pursuant to Resolution #24-2001 and Resolution #25-2001, as attached,”
following (“Tactical Shoot House”). The second sentence in Paragraph 1 on Page 2,
should read as follows, In the event the pole building in which the Tactical Shoot House
will be erected, or the Tactical Shoot House itself cannot be completed due to
unforeseen circumstances or expenses, Muskego reserves the right to end all
construction of the pole building and Tactical Shoot House at any time and this
amendment will be null and void. In addition, Atty. Molter recommends adding the
following language to Resolutions #24-2001 and #25-2001, “subject to written approval
of the landowner, Superior Emerald Park Landfill and the Mayor approving all contract
documents.” Mr. McMullen stated timing is an issue regarding the bids and the start of
construction itself. It is easier and cheaper for all parties involved to get the work done
expeditiously. Salentine moved to amend the Amendment to the Agreement as
recommended by Atty. Molter. Le Doux seconded; motion carried. Slocomb moved to
amend to add “subject to written approval of Superior Emerald Park Landfill.” Le Doux
seconded; motion carried. Reso. #23-2001, as twice amended, adopted 6-0.
Reso. #24-2001 - Award of Bid - Muskego Police Tactical Shoot House. Le Doux
moved for adoption. Salentine seconded. Slocomb moved to amend to include
language as recommended by Atty. Molter during discussion of Reso. #23-2001.
Sanders seconded; motion carried. Reso. #24-2001, as amended, adopted 6-0.
Reso. #25-2001 - Award of Bid - Muskego Police Firearms Range Building. Le Doux
moved for adoption. Chiaverotti seconded. Slocomb moved to amend to include
language as recommended by Atty. Molter during discussion of Reso. #23-2001.
Salentine seconded; motion carried. Reso. #25-2001, as amended, adopted 6-0.
Reso. #36-2001 - Mandatory Razing Order (Gem Drive). Salentine moved for
adoption. Chiaverotti seconded. Mr. McMullen presented the history of the property.
The site has been unused, unlivable and uninhabited for over two years. The cost to
make the necessary repairs exceeds 50% of the 2000 assessed value of the property.
Motion carried 6-0.
Atty. Molter was dismissed at 9:41 p.m.
Reso. #35-2001 - Resolution to Commit Financing for Purchase of Department of
Public Works Plow Truck. Salentine moved for adoption. Chiaverotti seconded.
Motion carried 6-0. Mr. McMullen was dismissed.
ELECTION OF COUNCIL REPRESENTATIVE TO PLAN COMMISSION
On the nominating ballot, the following nomination was received: Ald. Le Doux. On the
first election ballot, Le Doux was elected unanimously as the Council representative to
the Plan Commission.
COMMITTEE REPORTS
Slocomb moved for acceptance of the 2/7/2001 and 2/13/2001 Finance Committee
minutes. Salentine seconded. Chiaverotti moved for individual consideration of
Employee Claim for Personal Property Loss paragraph to be sent back to Committee.
Motion died for lack of second. Motion to accept minutes carried.
Common Council Minutes Page 4
February 13, 2001
Sanders moved for acceptance of the 1/22/2001 Public Utilities Committee minutes. Le
Doux seconded; motion carried.
Patterson moved for acceptance of 2/5/2001 Public Services Committee minutes. Le
Doux seconded; motion carried.
Minutes of the 1/24/2001 Library Board and 2/6/2001 Plan Commission were received
and placed on file.
Reso. #22-2001 - A Resolution Authorizing the City of Muskego to Borrow the Sum of
$2,250,000 By Issuing General Obligation Promissory Notes Pursuant to Section
67.12(12) of the Wisconsin Statutes and Authorizing the Sale of the Notes. Slocomb
moved for adoption. Salentine seconded. The Mayor noted the best bid received was
from U.S. Bancorp Piper Jaffray with a true interest rate of 4.179%. Motion carried 6-0.
Reso. #26-2001 - Approval of Preliminary Plat for Nature Estates. Chiaverotti moved
for adoption. Le Doux seconded. Motion carried 6-0.
Reso. #29-2001 - Approval of Certified Survey Map - Pellmann. Chiaverotti moved for
adoption. Le Doux seconded. Motion carried 6-0.
Reso. #31-2001 - Appointment of Members to Board of Appeals (Blumenfield and
Schmidt). Salentine moved for adoption. Chiaverotti seconded. Motion carried 6-0.
Reso. #32-2001 - Approval of License Agreement and Assignment of Savings Between
the City of Muskego and Voicestream PCS II Corporation for Water Tower Site. This
item was deferred at the 2/13 Finance Committee meeting.
Reso. #34-2001 - Resolution to Authorize the Illumination of the Outdoor Recreational
Facilities at the Muskego High School Athletic Fields. Salentine moved for adoption.
Le Doux seconded. Sanders stated he received no input or comments from any nearby
property owners who were notified. Motion carried 6-0.
Ord. #1056 - An Ordinance to Amend Chapter 1, Section 1.05, of the Municipal Code of
the City of Muskego (Board of Review). First Reading.
LICENSES
Slocomb moved for approval of an Operator’s License for Shari Kintop, Daniel Riepe,
Kristin Parrish, Gene Meyers, Sarah Fliss and Brian Beidatsch. Salentine seconded;
motion carried.
Slocomb moved for approval of “Class B” Retailers’ License for the Sale of Intoxicating
Liquors and Fermented Malt Beverages for Lisa Ann Rupp for Changes Pub & Grill. Le
Doux seconded. Motion carried 6-0.
VOUCHER APPROVAL
Slocomb moved for approval of payment of General Vouchers in the amount of
$965,834.35. Sanders seconded. Motion carried 6-0. Slocomb moved for approval of
Tax Checks in the amount of $3,853,506.69. Salentine seconded. Motion carried 6-0.
Common Council Minutes Page 5
February 13, 2001
Sanders moved for approval of payment of Utility Vouchers in the amount of
$276,809.83. Le Doux seconded. Motion carried 6-0.
CITY OFFICIALS’ REPORTS
The Clerk-Treasurer announced the following public hearings scheduled for 3/13/2001:
7:10 p.m. to consider petition of Stefaniak to rezone property in the NW ¼ of Sec. 21
from EA to A; 7:15 p.m. to consider petition to rezone lots in Plum Creek East
Subdivision regarding various zoning corrections; 7:20 p.m. to consider petition to
rezone lots in Plum Creek Subdivision and Plum Creek Addn. No. 1 regarding various
zoning corrections; 7:25 p.m. to consider termination of conditional use permit for
Parkside Inn property.
The next Committee of the Whole meeting is scheduled for 3/8/2001 and will be
another 5-yr. capital plan workshop.
Sanders moved to adjourn at 10:30 p.m. Le Doux seconded; motion carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer