COMMON COUNCIL Minutes 05-13-1997COMMON COUNCIL - CITY OF MUSKEGO
MINUTES OF THE MEETING HELD MAY 13, 1997 (Approved 5/27/97)
The meeting was called to order at 7:45 P.M. by Mayor De Angelis.
Also present were Aldermen D'Acquisto, Patterson, Pionek, Salentine,
Sanders, Slocomb, and Woodard, City Attorney Molter, Clerk-Treasurer
Marenda, Finance Director Gunderson, Planning Director Sadowski, and
Deputy Clerk Blenski.
The Clerk-Treasurer reported that the meeting was noticed in
accordance with the Open Meeting Law on 5/9/97.
D'Acquisto moved for approval of the minutes of the 4/22/97 meeting.
Sanders seconded, carried.
Clerk-Treasurer read the Notices of Closed Sessions.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Mayor presented Certificate of Appreciation to Mr. Robert Kreuser in
recognition of his service to the Police and Fire Commission.
Mayor read Proclamation declaring May 16 and 17 as American Legion
Poppy Days. Mayor announced that Aldermen Patterson, Woodard and
Mayor provided the Council with an update on the transportation
D'Acquisto will serve on the Cable Contract Negotiating Subcommittee.
funding issue and pending legislation to allow municipalities to opt
out of county programs.
Muskego Business/Industrial Park (As Amended) for InPro Corporation
Reso. #93-97 - Approval of Amendment to Rules and Regulations for
(to allow 47% building coverage). Salentine moved for adoption.
D'Acquisto seconded. D'Acquisto requested privilege of the floor for
petitioner to clarify language in the Consent. There was no
objection. Motion carried 6 in favor and 1 abstention by Patterson.
COMMITTEE REPORTS
Sanders moved for acceptance of the minutes of the 4/29/97 Committee
of the Whole meeting. Salentine seconded, carried. D'Acquisto moved
for acceptance of the minutes of the 5/7/97 and 5/13/97 Finance
Committee Meetings. Salentine seconded. D'Acquisto moved for
Recreation Department (page 3, paragraph 4) with issue to be sent back
individual consideration regarding purchase of Lexmark printer for
minutes carried. Salentine moved for acceptance of the minutes of the
to committee. Slocomb seconded, carried. Motion to approve remaining
4/21/97 Public Utilities Committee Meeting. Woodard seconded.
Salentine requested correction be made to note that Slocomb was
present, however, not as a member of the committee and to correct page
4, paragraph 5 to read, "Ald. Salentine moved to send letter asking
costs associated with supporting 3-D groundwater simulation model."
The other committee members concurred with making said corrections.
Salentine moved to have committee review section on Boxhorn, Groveway,
Ryan status to add discussion regarding laterals that were not in
position as specified by as-built drawings. Slocomb seconded,
carried. Motion to accept minutes as corrected carried. Woodard moved
for acceptance of the minutes of the 4/28/97 Public Works Committee
Meeting. Pionek seconded, carried. Patterson moved for acceptance of
seconded. Salentine requested correction be made to page 1, paragraph
the minutes of the 5/6/97 Public Services Committee Meeting. Slocomb
committee's intent to have the subcommittee do that. The committee
7 to delete "negotiating a new cable contract" as it was not the
members concurred with making correction. Motion to accept minutes as
corrected carried. Minutes of the 5/6/97 Plan Commission Meeting,
Common Council Minutes
May 13, 1997
Page 2
4/23/97 Library Board Meeting and 4/14/97 Parks & Recreation Board
Meeting were received and placed on file.
OLD BUSINESS
Ord. #928 - An Ordinance to Amend Chapter 17 of the Municipal Code
of the City of Muskego to Create Section 9.10 - Overlay
Height District. On the floor, deferred 4/22/97. Slocomb moved to
defer until such time as a public hearing is scheduled regarding the
business district zoning. Pionek seconded. Motion carried 6-1 with
Salentine voting "no. "
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 or lease of
specified public business, whenever competitive or bargaining reasons
Parkland Mall, and discussion as to hiring a consultant regarding the
same. Salentine seconded. Carried 7-0.
The Council then reconvened into Open Session.
NEW BUSINESS
moved for adoption. Salentine seconded. Finance Director Gunderson
Reso. #103-97 - Award of Bid - Lannon Drive Bicycle Path. D'Acquisto
presented information on financing the project. Motion carried 7-0.
The Finance Director was dismissed.
Reso. #loo-97 - Denial of Final Plat - Denoon Point. Salentine moved
brief history. Motion carried 7-0.
for adoption. Woodard seconded. Planning Director Sadowski presented
Reso. #107-97 - Determination of Nonsubstantial Change to Original OPD
for Muskego Regency. Salentine moved for adoption. Slocomb seconded.
Mayor noted that the Plan Commission determined there was a substantial
change to the Conditional Use Grant and determined a public hearing
should be held. D'Acquisto expressed concern regarding emergency
point in the development. Patterson stated the layout will be
access to one large building and the petition for this change at this
completely changed. Motion carried 5-2 with D'Acquisto and Patterson
voting "no.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Mayor stated the Plan Commission recommended the fourth version for the
Business Park Zoning District as provided to the aldermen and is
looking for Council input if this should proceed to public hearing.
Discussion took place. Pionek stated the people is his district will
oppose. However, the other Council members determined to proceed with
the public hearing. The Planning Director was dismissed.
NEW BUSINESS (Cont.)
Reso. #92-97 - Establishing Launch Fees at Lake Accesses (Big Muskego
Lake and Lake Denoon). Patterson moved for adoption. Woodard
seconded. Salentine moved to amend to add, "BE IT FURTHER RESOLVED all
fees collected will be segregated and used for maintenance and
improvements at each respective site. Slocomb seconded. It was
clarified that the monies would only be allocated for the launch sites
and could not be used for other projects. D'Acquisto further clarified
Common Council Minutes
May 13, 1997
Page 3
that fees should be used for "capital" improvements and exclude labor
Costs. Salentine and Slocomb agreed to add further clarification to
the motion. Patterson expressed concern about setting up three
moved to add the word "trailer" before "launching" in the BE IT FURTHER
separate kitties to only be used at the specific sites. Salentine
RESOLVED. Slocomb seconded. Salentine moved to amend motion to say
seconded. The Clerk read the amendments for clarification, "BE IT
"respective lake access point" in place of "respective site." Slocomb
FURTHER RESOLVED all fees collected will be segregated and used for
maintenance and capital improvements at each respective lake access
point, excluding labor costs" and BE IT FURTHER RESOLVED that the $5
D'Acquisto called for the question. There were no objections. Motion
fee is strictly for trailer launching and does not include parking."
to amend carried 6-1 with Patterson voting "no." Reso. #92-97, as
amended adopted 6-1 with Patterson voting "no."
Reso. #94-97 - Appointment of Citizen Member to Future Parkland
Development Standing Committee (H. Schweitzer). Slocomb moved for
adoption. Salentine seconded. Carried 7-0.
Reso. #95-97 - Appointment of Citizen Members to Library Board (P.
Merz). Sanders moved for adoption, Slocomb seconded. Carried 7-0.
Reso. #96-97 - Amended Relocation Order of the City of Muskego,
Waukesha County, Wisconsin (North Cape Road Pumping
Station-Schweitzer). Sanders moved for adoption. Salentine seconded.
Carried 7-0.
Reso. #97-97 - Offer to Purchase - Schweitzer. Sanders moved for
adoption. Slocomb seconded. Sanders moved to amend the word "seller"
to "buyer" on lines 156 and 159 of the Offer. D'Acquisto seconded,
carried. Reso. #97-97, as amended, adopted 7-0.
Reso. #98-97 - Authorizing the Hiring of an Appraiser and Relocation
Expert to Carry Out the Amended Relocation Order Known as Resolution
#96-97. Sanders moved for adoption. Salentine seconded. Carried 7-0.
Reso. #99-97 - Reapproval of Final Plat (Lakewood Meadows Addition No.
2). Salentine moved for adoption. Slocomb seconded. Carried 7-0.
Lease of Park Arthur. Sanders moved for adoption. Slocomb seconded.
Reso. #101-97 - Approval of Lease Agreement with Karl Thiesenhusen for
D'Acquisto moved to amend lease to incorporate $1,000,000 liability
limits as recommended by Finance Committee. Sanders seconded, carried.
Reso. #101-97, as amended, adopted 7-0.
Reso. #102-97 - Accepting Community Newspapers, Inc. as Official
Newspaper of the City of Muskego. Sanders moved for adoption.
Salentine seconded. Carried 7-0.
Reso. #104-97 - Award of Bid - 1997 Road Program. D'Acquisto moved for
adoption. Woodard seconded. Carried 7-0.
D'Acquisto moved for adoption. Sanders seconded. Carried 7-0.
Reso. #105-97 - Acceptance of Improvements - Lakeview Highlands.
Reso. #106-97 - Resolution to Establish Fees (Code Compliance
Carried 7-0.
Inspections). Sanders moved for adoption. Salentine seconded.
Common Council Minutes
May 13, 1997
Page 4
Reso. #108-97 - Approve New Position for 1997 (Public Administrator
Intern). D'Acquisto moved for adoption. Salentine seconded. Carried
7-0.
Ord. #929 and Ord. #930 were removed for first reading as they were not
placed in the Council packets within the required amount of time.
LICENSES
D'Acquisto moved for approval of Operators' Licenses for Kim Schneider,
Rita Lufkin, Rosalie Scaffidi, Dennis Busse. Salentine seconded,
carried.
D'Acquisto moved for approval of Archery, Trap & Rifle license for
Schultz Resort Rod & Gun Club through 6/30/97. Slocomb seconded,
carried.
D'Acquisto moved for approval of Temporary Class "B"/"Class 13"
Carried 7-0.
Retailer's License for St. Leonard (6/28 - 6/29). Sanders seconded.
VOUCHER APPROVAL
D'Acquisto moved for approval of General Vouchers in the amount of
$536,110.25. Sanders seconded. Carried 7-0.
D'Acquisto moved for approval of Tax Checks in the amount of
$1,100,208.58. Sanders seconded. Carried 7-0.
Sanders moved for approval of Utility Vouchers in the amount of
$109,384.06. Salentine seconded. Carried 7-0.
CITY OFFICIALS' REPORTS
The Clerk stated that a public hearinq will be held on 5/27 at 7:20 PM
to consider rezoning petition of the Muskego-Norway School D.istrict for
property located on Kelsey and Crowbar. The Clerk also requested input
on the 5/21 and 5/20 Committee of the Whole agendas.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
D'Acquisto presented an update on the Linnie Lac Dam issue. A
committee has been formed to discuss alternatives regarding the dam and
it was determined that Ald. D'Acquisto would serve as Muskego's
representative on the committee.
D'Acquisto moved to convene into Closed Session pursuant to
§19.85(1)(9) Conferring with legal counsel for the governmental body
who is rendering oral or written advice concerning strategy to be
adopted by the body with respect to litigation in which it i:s or is
likely to become involved, more specifically dispute over sewer
connections with Town of Norway Sanitary District. Salentinaa seconded.
Carried 7-0. D'Acquisto moved to convene into Closed Session pursuant
to §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). Patterson
seconded. Carried 7-0.
The Clerk-Treasurer and Deputy Clerk were dismissed at 11:05 P.M.
Upon reconvening into Open Session, D'Acquisto moved to adjourn at
11:22 P.M. Salentine seconded, carried.
(Minutes taken and transcribed by J. Blenski.)
Common Council Minutes
May 13, 1997
Respectfully submitted,
Page 5
VOUCHER TOTALS
m GENERAL FUND:
BOARD CHECKS (regular)
VOIDED CHECKS "
END OF MONTH
WIRE TRANSFER
TOTALS :
TAX CHECKS: SETTLEMENT CHECKS
.
UTI;;;;;;:
e BOARD CHECKS (regular)
VOIDED CHECKS
END OF MONTH
WIRE TRANSFER
SINKING FUND
COUNCIL DATE 5/3-97
WATER :
VOIDED CHECKS
BOARD CHECKS (regular)
END OF MONTH
WIRE TRANSFER
TOTAL UTILITY VOUCHERS: /09