CM061201
COMMON COUNCIL - CITY OF MUSKEGO
MINUTES OF MEETING HELD JUNE 12, 2001
Approved: June 26, 2001
The meeting was called to order at 7:33 PM by Mayor De Angelis. Also present were
Ald. Slocomb, Le Doux, Petfalski, Salentine, Sanders, and Wichgers, City Attorney
Molter, Lakes Project Coordinator Zagar, Parks and Recreation Director Anderson, and
Clerk-Treasurer Marenda. Ald. Patterson was absent. The Clerk stated the meeting
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was noticed in accordance with the open meeting law on June 8.
Slocomb moved for approval of the 522/01 and 6/11/01 minutes. Salentine seconded;
motion carried.
The Clerk administered the Oath of Office to Gerald S. Boisits as Municipal Judge
effective June 15, 2001. Boisits was selected at a special meeting of the Council on
6/11/01 to fill the unexpired term of Judge Peter Lentz, who has resigned.
The Clerk read the closed session notice.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor De Angelis thanked everyone who participated in the City Hall Open House on
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June 2 which was an outstanding success with about 400 people touring the building.
He thanked Aldermen Le Doux and Petfalski for their work on the photo-opportunity.
The outdoor siren warning system is up and operational. The warnings did not go off
last night because the City was not under a tornado warning, just northern Waukesha
County. Power plant update: El Paso Power has submitted a developer’s deposit so it
is anticipated an application will be forthcoming. Correspondence was distributed
regarding signage placed in the right-of-way by the Citizen Power group.
Reso.#116-2001 – Approval of Condominium Plat – Lakewood Condominiums. Le
Doux moved for adoption. Wichgers seconded, motion carried 6-0.
MISCELLANEOUS BUSINESS
Review correspondence from Citizen Power, Inc. dated June 2, 2001. Mayor reported
still haven’t received submittal from Midwest Power. Reviewing deed restrictions which
seem to relate to residential and commercial. Looking at reviewing this property as
being industrial development, but without a submittal will not be doing a final review at
this time. Talked to Carol Stemrich of the PSC today, and they haven’t had an
opportunity to review the deed restrictions yet. Also referred to a letter to Sheri
Bianchin of the EPA regarding a site walk-through done in April, and the engineers for
Midwest Power were to be setting up a meeting between the DNR, PSC and EPA to go
over issues, but that has not yet been scheduled. Due to the lack of activity within
Muskego and the alternative site the PSC may do a scoping meeting (public
informational meeting). If Midwest Power submits an application that is deemed
complete by the PSC and goes through the approval process, they may or may not hold
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June 12, 2001
a scoping meeting. Mayor also asked the PSC about a newspaper article that El Paso
Power bought A & R pipeline, which is the pipeline going through the City which would
be expected to serve either power plant, and if that would affect Midwest Power’s ability
to be served by the pipeline. The PSC advised there are federal regulations that would
preclude that exclusion. Ald. Sanders requested a copy of a site report if available of
the walk-through. Mayor will request copy from PSC if available.
Reso.#95-2001 – Resolution to Adopt the 2001-2005 Park and Open Space Plan.
Deferred 5/22/01. Craig Anderson and Tom Zagar were present. Zagar presented
additional amendments relating to removal of the ice rink, adding Bay Lane recreational
trail, and deleting archery range at Park Arthur. Noted that potentially future acquisition
of additional parcels at Park Arthur could reinstate the archery range. Summary was
re-worded relating to equestrian use and cross country skiing on the trail system. All
references to pedestrian and bike paths were changed to recreational trail. Petfalski
moved to amend as presented. Salentine seconded. With the approval of the maker of
the motion and the second, the resolution was further amended to add at the end, “with
technical spelling errors to be corrected prior to final publication”. Motion carried.
Reso.#95-2001 As Amended adopted 6-0.
Ord. #1070 - An Ordinance to Amend Chapter 1 to Repeal Section 1.05(6)(g), and to
Amend Chapter 10 to Repeal Section 10.05 and to Amend Section 10.06(5), and to
Amend Chapter 18 to Repeal Section 18.60(3) and to Create Chapter 37 of the
Municipal Code of the City of Muskego (Trees). Second Reading. Salentine moved for
adoption. Wichgers seconded. Mr. Zagar reviewed proposed amendments with the
Council. Salentine moved to amend the ordinance as proposed. Wichgers seconded;
motion carried. Ordinance #1070 As Amended adopted 6-0.
Reso. #118-2001 – Appointment of City Forester (Tom Zagar). Slocomb moved for
adoption. Petfalski seconded; motion carried 6-0. Tom Zagar and Craig Anderson
were dismissed.
COMMITTEE REPORTS
Slocomb moved for acceptance of the 6/6/2001 and 6/12/2001 Finance Committee
minutes. Sanders seconded; motion carried.
Petfalski moved for acceptance of the 6/4/2001 Public Services Committee minutes. Le
Doux seconded; motion carried.
Sanders moved for acceptance of the 5/21/01 Public Utilities Committee minutes.
Slocomb seconded; motion carried.
Salentine moved for acceptance of the 5/21/01 Public Works Committee minutes. Le
Doux seconded; motion carried.
Minutes of the 6/5/2001 Plan Commission were received and placed on file.
Reso.#45-2001 – Approval of Cash Deposit Agreement – Verizon Wireless, deferred
5/8/01. Finance Committee recommended defeat of resolution as Verizon has decided
to submit a letter of credit instead of a cash deposit. Motion to adopt was defeated 5-1,
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June 12, 2001
with Sanders voting yes. Sanders requested re-vote. Wichgers moved for
reconsideration. Slocomb seconded; motion carried. Motion to adopt was defeated 6-
0.
Ord. #1066 - An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan
of the City of Muskego (Tess Corners Volunteer Fire Department - RSE and A to
RSE/A/OIP), on the floor, deferred 5/22/2001. The Plan Commission has
recommended this matter be denied without prejudice at this time due to change in the
wetland delineation regulations and TCVFD feels they will be able to accommodate the
proposed expansion on the existing site. TCVFD would re-petition if necessary in the
future. Motion to adopt defeated 5-1 with Le Doux voting yes.
Ord. #1071 - An Ordinance to Amend the Zoning Map of the City of Muskego (W180
S7677 Pioneer Drive - B-3 to B-3/OIP). Second Reading. Salentine moved for
adoption. Le Doux seconded; motion carried 6-0.
Reso.#112-2001 – Amendment to Deposit and Forfeiture Schedule. Le Doux moved
for adoption. Salentine seconded; motion carried 6-0.
Reso.#113-2001 – Establishing Traffic Regulations. Salentine moved for adoption.
Petfalski seconded. Salentine moved to amend to change location of “Parking for
Official Vehicles Only” sign to: At the turnaround at the end of Lake Drive off of Park
Drive. Petfalski seconded; motion carried. Reso.#113-2001 As Amended adopted 6-0.
Reso.#114-2001 – Approval of Various License Applications for the City of Muskego for
the Period July 1, 2001 to June 30, 2001. Slocomb moved for adoption. Sanders
seconded; motion carried 6-0.
Reso#115-2001 – Adoption of a City of Muskego Sanitary Sewer Service Area
Amendment (Nature Estates). Sanders moved for adoption. Petfalski seconded;
motion carried 6-0.
Reso.#117-2001 – Approval of City of Muskego Debt Policy. Sanders moved for
adoption. Salentine seconded; motion carried 6-0.
Reso.#119-2001 – Award of Bid – City Hall Landscape Project (Earth Works Services
$34,450.00). Salentine moved for adoption. Sanders seconded. Sanders moved to
amend to add to the end of the third paragraph “subject to the company’s financial
stability and quality of work history acceptable to the Engineering/Building Inspection
Director”. Slocomb seconded; motion carried. Reso. #119-2001 As Amended adopted
6-0.
Reso.#120-2001 – Award of Bid – 2001 Road Program (Payne and Dolan $638,105).
Salentine moved for adoption. Sanders seconded; motion carried 6-0.
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June 12, 2001
Ord.#1072 – An Ordinance to Amend Chapter 21, Section 21.07(2) of the Municipal
Code of the City of Muskego (Penalty for Sewer Service Charges). First Reading.
Ord.#1073 – An Ordinance to Amend Chapter 13, Sections 13.01(2), 13.01(3), 13.01(6)
and 13.01(7) of the Municipal Code of the City of Muskego (Dogs). First Reading.
LICENSES
Slocomb moved to approve Operators’ Licenses for Rhonda Mead, Susan Niedziejko,
Kelly MacKenzie, Nicholas Willick, Carey Sorensen, Stacy Anderson and Eric
Oberhifer. Salentine seconded; motion carried.
Slocomb moved to approve Change of Agent, 2000-01 “Class B” Retailers’ License for
Muskego Moose Family Center – Joseph Thibedeau. Sanders seconded; motion
carried 6-0.
Slocomb moved for approval of Temporary Class “B” Retailers License for Waterbugs
Ski Association on 7/3/01. Salentine seconded; motion carried 6-0.
VOUCHER APPROVAL
Slocomb moved for approval of payment of General Vouchers in the amount of
$762,995.69. Salentine seconded. Motion carried 6-0. Sanders moved for approval of
payment of Utility Vouchers in the amount of $226,313.52. Petfalski seconded. Motion
carried 6-0.
CITY OFFICIALS’ REPORTS
Clerk-Treasurer announced petition was received from Kohls Department Stores
requesting a change to the approved Dreamland Planned Development and a rezoning
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from RSE to B-3 (OPD). A public hearing is scheduled for July 10.
A reminder was given that the Committee of the Whole would meet at 7:00 PM on June
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COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Possible change to Chapter 17 relating to floor area ratio (F.A.R.). Slocomb provided
advance information as to proposal to be reviewed by Plan Commission. F.A.R. is one
of the items used to control building mass on a given site. Historically F.A.R. was used
for commercial and industrial control, which was carried over to residential. But there
are already controls in residential with a limit in building height and percent of lot
coverage, which results in a clash with floor air ratio. The recommendation to Plan
Commission is to immediately remove F.A.R. requirements in the OLS area, and by
winter after tests done to completely remove from all residential. Petfalski moved to
recommend this matter be placed on the Plan Commission agenda for consideration
with recommendation that a public hearing be held on this matter. Le Doux seconded;
motion carried.
Common Council Minutes Page 5
June 12, 2001
Salentine questioned the barricading of Woods Rd. between Racine and Lannon and if
police and fire departments are informed of the closure. Mayor responded they are,
and access must be maintained for emergency vehicles. She expressed concern on
behalf of Clearbrook residents who have had difficulty gaining access to their
properties. Mayor stated the State made the determination that the construction would
not be made under traffic and that street would be closed.
The Clerk-Treasurer was dismissed.
Slocomb moved to convene into closed session pursuant to §19.85(1)(e) Deliberating
or negotiating the purchasing of public properties, the investing of public funds, or
conducting other specified public business, whenever competitive or bargaining
reasons require a closed session; more specifically Carity land purchase for community
center site. Petfalski seconded. Motion carried 6-0.
Salentine moved to reconvene into open session. Petfalski seconded. Motion carried
6-0.
Petfalski moved to adjourn at 9:30 PM. Sanders seconded; motion carried.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer