COMMON COUNCIL Minutes 02-25-1997(Minutes approved at 3/11/97 Council meeting WITHOUT Paragragh I regarding Resolutlon C33-97; paragraph to be reviewed and
sent back to Councll for approval.)
COMMON COUNCIL - CITY OF MUSKEGO
MINUTES OF THE MEETING HELD FEBRUARY 25, 1997
The meeting was called to order at 9:44 P.M. by Mayor De Angelis.
Also present were Aldermen D'Acquisto, Patterson, Pionek, Rasmussen,
Salentine, Sanders, and Suhr, City Attorney Molter, Clerk-Treasurer
Marenda, Planning Director Sadowski, Finance Director Gunderson, and
Deputy Clerk Blenski.
The Clerk-Treasurer reported that the meeting was noticed in
was noticed on 2/24/97.
accordance with the Open Meeting Law on 2/21/97 and an amended agenda
D'Acquisto noted that vote recorded on Reso. #7-97 should be "6-0"
Sanders moved for approval of the minutes of the 2/11/97 meeting.
instead of "7-0" as he was absent. Rasmussen seconded, carried.
Clerk-Treasurer read the Notices of Closed Sessions.
The Mayor had nothing to report under Communications from the Mayor's
Office. The new police officer did not appear at the meeting as he
was not on duty.
COMMITTEE REPORTS
Suhr moved for acceptance of the minutes of the 2/13/97 Committee of . the Whole Meeting. Sanders seconded. Salentine moved for individual
consideration of Item 2 as paragraph does not reflect statements she
made and Item 3 for further clarification of motion and refer back to
Motion to approve remaining minutes carried.
D'Acquisto moved for acceptance of the minutes of the 2/19/97 (as
corrected) and 2/25/97 Finance Committee Meetings. Suhr seconded,
carried.
Sanders moved for acceptance of the minutes of the 2/17/97 Public
Utilities Committee Meeting. Rasmussen seconded, carried.
The minutes of the 2/18/97 Plan Commission Meeting and 2/10/97 Parks h
Recreation Board Meeting were received and placed on file.
Ord. #919 - An Ordinance to Amend the Zoning Map of the City of
Muskego from EA to RS-1 (Stefaniak). Second Reading. Salentine moved
for adoption. D'Acquisto seconded. Carried 7-0.
Ord. #920 - An Ordinance to Amend Chapter 14, to Add Section 1.5
(2)(m) of the Municipal Code of the City of Muskego. Floodplain
Zoning Ordinance: Official Map (Ryback). Second Reading. Salentine
moved for adoption. Sanders seconded. Carried 7-0.
Muskego from R-2 to RS-2/0D (Miller). Second Reading. Salentine
Ord. #921 - An Ordinance to Amend the Zoning Map of the City of
moved for adoption. D'Acquisto seconded. D'Acquisto requested
objection. Mr. Sadowski explained the OPD concept which offers
flexibility to the developer and control by the City. Mr. Miller
Ord. #921. Suhr seconded, carried.
responded that the OPD was fine with him. D'Acquisto moved to defer
@ Committee of the Whole. D'Acquisto seconded. Motion carried 5-2.
privilege of the floor for petitioner, Mr. Miller. There was no
Common Council Minutes
February 25, 1997 I
Page 2
I Reso. 837-97 - Resolution Indicating City's Present Intent to Approve the Concept of RS-2/0PD Zoning Proposed by Miller Development.
-@ constituents in his district are split down the middle on this issue.
Salentine moved for adoption. D'Acquisto seconded. D'Acquisto stated
Additional traffic is a concern. Motion carried 7-0.
Reso. #29-97 - Approval of Certified Survey Map - Stefaniak.
Salentine moved for adoption. D'Acquisto seconded. Carried 7-0.
D'Acquisto moved to convene into Closed Session pursuant to
§19.85(l)(e) Deliberating or negotiating the purchasing of public
properties, the investing of public funds, or conducting other
require a closed session, more specifically acquisition of Parkland
specified public business, whenever competitive or bargaining reasons
Mall, possibly hiring a consultant regarding the same, and considering
possible sale of a portion of said Mall. Rasmussen seconded. Carried
7-0.
The Deputy Clerk was dismissed.
Reso. #30-97 - Offer to Purchase - Parkland Mall. Rasmussen moved for
adoption. Patterson seconded. Carried 7-0.
Reso. #31-97 - Amended Preliminary Resolution Declaring Intent to
Exercise Special Assessment Police Powers Under S66.60 WI Statutes as
to Sanitary Sewer Assessment Area for Hi View Drive Sewer Project
(Projects MSS-1-97 and MSS-2-97; Assessment District "SL"). Sanders
moved for adoption. Rasmussen seconded. Carried 7-0.
Reso. #32-97 - Amended Preliminary Resolution Declaring Intent to
Exercise Special Assessment Police Powers Under S66.60 WI Statutes as
to Sanitary Sewer Assessment Area for Holz Drive Sewer Project
(Project MSS-3-97; Assessment District "SP"). Sanders moved for
adoption. Salentine seconded. Carried 7-0.
Reso. #33-97 - Autho
Sanders moved for ad
took place regarding
policy decision; you
of it later. Rasmussen stat
for not doing anything about
get done knowing the
summarized the following points m
Clerk-Treasurer receive compensat
the issue. Should the
worked performing th
Council establish a policy decision th
for work after the fact. Is there ano echanism available as
discussion take place with Clerk-Treasurer
compensation for the Clerk. D'Acquisto p
Committee and Commit
to negotiate amount
There was no objecti
Pionek, Salentine, a
Sanders voting "yes.
additional compensat
nance Director. The Mayor
ith D'Acquisto,
Rasmussen, and
Committee for an agreement to be worked out as it re
Common Council Minutes
February 25, 1997
Page 3
Reso. #34-97 - Resolution to Create Position of Recording Secretary.
Salentine moved for adoption. Pionek seconded. Carried 6-1 with
Patterson voting "no. "
Reso. #35-97 - Designating 1996 Unexpended Capital Project Funds to be
Carried Over into 1997. D'Acquisto moved for adoption. Sanders
seconded. Carried 7-0.
Reso. #36-97 - Resolution to Establish Lake Level for Little Muskego
Lake. Suhr moved for adoption. D'Acquisto seconded. Mayor noted
that the DNR may be receptive to lowering the lake outside of the
April 1 date if it is warranted. Carried 7-0.
Reso. #38-97 - Amended Relocation Order of the City of Muskego,
Waukesha County, Wisconsin (Durham Drive Lift Station/Hi View-Holz
Project). Sanders moved for adoption. Salentine seconded. Mayor
noted amendment is to include the Buechel property as well as the
additional temporary access drive easement on the Benke property.
Carried 7-0.
Reso. #39-97 - Proceedings by the Common Council of the City of
Muskego to Discontinue and Vacate a Road Right-of-way (Freedom Avenue)
Introduction Only. Removed from agenda.
Ord. #922 - An Ordinance to Amend the Zoning Map of the City of
Muskego from 1-2 to 1-2/OIP (Fire Arms Range). First Reading.
Rasmussen requested more information about federal interest in the
range the implication of accepting federal monies to support. Are
exclusions allowed?
Ord. 8923 - An Ordinance to Amend Chapter 17, Section 6.11 (3) of the
Municipal Code of the City of Muskego (Approval of Building, Site and
Operational Plans-Criteria). First Reading.
Ord. #924 - An Ordinance to Amend Chapter 17, Section 8.01 (7) B. of
the Municipal Code of the City of Muskego (Permitted Accessory Uses).
First Reading. Salentine moved to remove Ord. #924 from first
reading. She stated the ordinance we have is adequate. This is just
new verbiage to accomplish grandfathering. We have spent enough time
and money on this issue. Farmers can still sell their sweet corn; Mr.
De Back can go across the street and sell his flowers. D'Acquisto
seconded. Discussion took place with Sanders, Rasmussen, and
Patterson disagreeing with not taking this to a vote. This short-
changes the citizens who have come forward to be heard. This should
be carried through the normal process. D'Acquisto requested Salentine
remove her motion in light of the comments made by the other Aldermen.
Salentine removed her motion and D'Acquisto agreed to remove his
second. First Reading. Rasmussen stated that the citizens have asked
the Council to look at ways to permit Mr. De Back's operation to
continue. Salentine moved to suspend the rules to allow second
thirds vote. Patterson objects as this issue is not time sensitive.
reading. D'Acquisto seconded. Mayor noted that this takes a two
Sanders agreed. Suhr asked if Mr. De Back was approached about
selling across the street. Mayor responded that Mr. De Back has
stated he is not willing to move his operation. Motion defeated 4-3
with D'Acquisto, Pionek, Salentine, and Suhr voting "yes" and
Patterson, Rasmussen, and Sanders voting "no."
The City Attorney was dismissed.
Common Council Minutes
February 25, 1997
Page 4
LICENSES
D'Acquisto moved for approval of Operator's Licenses for Beth Hamley,
Roxanne Jankowski, Michelle Jenkins, Julie Snyder, Tammy L. Sieglaff.
Suhr seconded, carried.
VOUCHER APPROVAL
D'Acquisto moved for approval of General Vouchers in the amount of
$6431305.92. Sanders seconded. Carried 7-0.
Sanders moved for Approval of Utility Vouchers in the amount of
$214,227. Rasmussen seconded. Carried 7-0.
D'Acquisto moved for approval of Tax Checks in the amount of
$4,948,890.49. Salentine seconded. Carried 7-0.
CITY OFFICIALS' REPORTS
The Clerk noted that two public hearinqs will be held on 3/11/97 as
property in the SE 1/4 of Section 8 to rezone property from RS-2 to
follows: 7:20 to conslde; petition of-S. Sorrentino to rezone
RS-2/00S and at 7:25 to consider petition of R. Berg & W. Salentine to
rezone property in the NE and SE 1/4 of Section 18 from RS-1 and RS-2
to RS-l//RS-Z/OPD. The next Committee of the Whole meeting was
scheduled for 3/12 at 7:OO P.M.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Mavor acknowledaed receiDt of letter from Bev Greenbera (Warner Cable)
who will be present at the next Public Services Commitfee. D'Acquisto
Warner. Patterson stated he will look into.
requested audited financial statements per contract we have with
D'Acquisto moved to convene into Closed Session pursuant to
who is rendering oral or written advice concerning strategy to be
§19.85(1)(g) Conferring with legal counsel for the governmental body
adopted by the body with respect to litigation in which it is or is
likely to become involved, more specifically dispute over sewer
connections with Town of Norway Sanitary District. Pionek seconded.
Carried 7-0.
D'Acquisto moved to convene into Closed Session pursuant to
performance evaluation data of any public employe over which the
$19.85(1)(c) Considering employment, promotion, compensation or
governmental body has jurisdiction or exercises responsibility, more
specifically Compensation and Classification Study Preliminary Final
D'Acquisto moved to convene into Closed Session pursuant to
Report. Salentine seconded. Carried 7-0.
§19.85(l)(c) Considering employment, promotion, compensation or
performance evaluation data of any public employe over which the
governmental body has jurisdiction or exercises responsibility, more
specifically 1996 labor negotiation strategies (Police). Suhr
seconded. Carried 7-0. The Clerk-Treasurer was dismissed.
Salentine moved to adjourn at 1:30 AM. Pionek seconded, carried.
(Transcribed from tape recording of meeting by Deputy Clerk.)
Respectfully submitted,
n K. Marenda, CMC
VOUCHER TOTALS
END OF MONTH
END OF YEAR ( @ )
WIRE TRANSFER
TOTALS :
- -TAX CHECKS: Checks
Interest & Penalty J
UTILITIES:
SEWER:
BOARD CHECKS (regular)
VOIDED CHECKS ”
END OF MONTH
END OF YEAR ( f$b )
WIRE TRANSFER
SINKING FUND
WATER:
VOIDED CHECKS
BOARD CHECKS (regular)
END OF YEAR
END OF YEAR (9b )
WIRE TRANSFER
TOTAL UTILITY VOUCHERS: ( 9b ) . TOTAL UTILITY VOUCHERS: (qq )
TOTAL UTILITY VOUCHERS : (Qbp$” )
b43-7