CM102301
COMMON COUNCIL - CITY OF MUSKEGO
MINUTES OF MEETING HELD OCTOBER 23, 2001
APPROVED: NOVEMBER 13, 2001
The meeting was called to order at 9:03 PM by Mayor De Angelis. Also present were
Ald. Slocomb, Le Doux, Patterson, Petfalski, Salentine, Sanders, and Wichgers, City
Attorney Molter, Clerk-Treasurer Marenda, Planning Director Turk, and Deputy Clerk
Blenski. Those present recited the Pledge of Allegiance. The Clerk-Treasurer stated
the meeting was noticed in accordance with the open meeting law on 10/19/01.
The Clerk-Treasurer read the closed session notices.
Slocomb moved for approval of the 10/09/01 minutes. Le Doux seconded; motion
carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor De Angelis read Proclamation declaring November 14 as National GIS Day. He
also read Proclamation to support the VFW sale of Buddy Poppies on November 9, 10
and 11. A service will be held at Veterans Memorial Park on November 11 at 11:00 AM.
Regarding the power plant issue, the Mayor stated that review of a conceptual building,
site and operational plan submitted by El Paso will be on the November 6 Plan
Commission agenda. Deferral is anticipated as the City has not completed the terms of
the agreement with consulting engineers. Negotiations with the Police Association are
going to mediation. Mayor De Angelis also stated if the general public has any
concerns regarding suspicious mail, the Police Department should be contacted.
Slocomb moved to convene into closed session pursuant to §19.85(1)(g) 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 is or
is likely to become involved, more specifically claims or potential claims filed against the
City growing out of and related to the US Environmental Protection Agency Superfund
Site located in Muskego, including but not limited to, potential claims of Art Dyer, claims
of A.W. Holding Company, claims of Litton Systems, Inc., and claims of Transportation
Technologies Industries, Inc. and Bostrom Seating, Inc. Sanders seconded. The Clerk-
Treasurer requested to be present because she handles all claims; there were no
objections. Atty. Thomas Lyons was also present. Motion carried 7-0.
Petfalski moved to reconvene into open session. Le Doux seconded. Motion carried 7-
0.
Reso. #196-2001 - Approval of Preliminary Plat - Martin Estates. Le Doux moved for
adoption. Salentine seconded. Petfalski moved to amend to add “and rezoning of the
property from RCE to RCE/COPD” at the end of the NOW, THEREFORE, BE IT
RESOLVED paragraph. Le Doux seconded; motion carried. Discussion took place
regarding the proposed development and the objections expressed at the public
hearing. Slocomb supports because the development responds to the Conservation
Plan. It appears people are not opposed to this specific plan but do not want the
property to be developed at all. Petfalski agreed and stated the majority of the people
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October 23, 2001
do understand property rights and may accept the development as they become more
educated about it. Sanders and Le Doux both expressed support for the development.
Petfalski asked if the impact on traffic in the area was looked at. Mr. Turk stated a
development of this size will have little impact. The problem with Field Drive is the
design. Salentine requested that the potential for horses in the development be
reviewed. Reso. #196-2001, as amended, adopted 7-0.
Reso. #202-2001 - Approval of Yield Plan and Concept to Develop the Benke-
Schweitzer Property. Le Doux moved for adoption. Salentine seconded. Mr. Turk
explained that the developer has requested that the Council review the concept to
develop this property because it is unique. Current zoning would allow 54 lots. The
DNR has expressed interest in acquiring the portion of the property to the west of
Durham Drive for conservation. The developer proposes using a planned unit
development making the conservation area west of Durham Drive the required open
space and placing 54 half acre lots (using RS-2 standard) on the property to the east of
Durham Drive. There were no objections to grant privilege of the floor to
representatives of Towne Realty. Representatives displayed the yield plan depicting
development of the entire property into one-acre lots and a sketch showing the planned
unit development, which places 54 lots all to the east of Durham Drive. The proposal
would increase the amount of open space and place detention on the west side of the
property. Atty. Molter believes the proposed concept would be allowed under the City’s
PUD ordinance; everything must be properly recorded. The Mayor stated many issues
had to get ironed out but he asked if the Council was interested in the concept.
Slocomb supports because the development meets the objectives of the Conservation
Plan for that area. Salentine and Le Doux agreed. Slocomb requested all drainage be
directed to the proposed detention facility and away from Holz Drive. Petfalski
requested to abstain from voting on the issue because his company does business with
Towne Realty. There were no objections. Motion carried with 6 in favor and Petfalski
abstaining. Mr. Turk was dismissed at 10:16 PM.
ACCEPTANCE OF COMMITTEE REPORTS
Sanders moved for acceptance of the 10/17/01 and 10/23/01 Finance Committee
minutes. Salentine seconded; motion carried.
Sanders moved for acceptance of the 10/15/2001 Public Utilities Committee minutes.
Petfalski seconded; motion carried.
Minutes of the 10/16/2001 Plan Commission, 9/26/2001 Library Board and 10/8/2001
Parks and Recreation Board were received and placed on file.
Ord. #1083 - An Ordinance to Establish Salaries for Elected Officials. Second Reading.
Slocomb moved for adoption. Sanders seconded. Patterson moved to amend to
remove the 2003 increase for the aldermanic positions. He objects to raises being
automatic. Wichgers seconded. In 2002, all the aldermanic positions would be at the
same compensation level. Sanders supports that and suggests leaving at that level for
awhile. Le Doux supports the increase as a cost of living. Patterson stated the issue
can be reviewed next year. Petfalski stated he can support the proposed amendment at
this time but noted that there has been a lack of candidates. An increase in the future
could encourage people to run. Motion to amend carried 4 - 3 with Sanders, Petfalski,
Wichgers and Patterson voting “yes” and Salentine, Slocomb and Le Doux voting “no.”
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October 23, 2001
Petfalski moved that biweekly salary of Municipal Judge in the amount of $423.08 is for
the 2002 - 2004 term. Slocomb seconded; motion carried. Ord. #1083, as twice
amended, adopted 7-0.
Reso. #195-2001 - Recognition of 30 Years of Service - Grover Castine. Wichgers
moved for adoption. Le Doux seconded. Motion carried 7-0.
Reso. #197-2001 - Reapproval of Certified Survey Map, Amendment No. 1 to
Developer’s Agreement and Letter of Credit - Dreamland Development. Sanders
moved for adoption. Le Doux seconded. Motion carried 7-0.
Reso. #198-2001 - Reapproval of Certified Survey Map - Bonnert, Town of Norway. Le
Doux moved for adoption. Petfalski seconded. Motion carried 7-0.
Reso. #199-2001 - Second Amendment to Final Resolution Authorizing Installation of
Improvements and Levying of Special Assessments Against Benefited Property -
Resolution #137-2000 (Movie Plex - S67 W19491 Tans Drive). Petfalski moved for
adoption. Le Doux seconded. Motion carried 7-0.
Reso. #200-2001 - Second Amended and Revised Final Resolution Authorizing
Installation of Sewer Improvements and Levying Special Assessments Against
Benefited Property (North Cape Road - Ryan Road to Boxhorn Project MSS-1-99;
Assessment District “SR”). Sanders moved for adoption. Slocomb seconded. The
resolution changes the payment due date from 11/1/2001 to 11/1/2002. Motion carried
7-0.
Reso. #201-2001 - Appointment of Citizen Member to the Plan Commission (Russ
Stinebaugh. Slocomb moved for adoption. Le Doux seconded. Motion carried 7-0.
Reso. #203-2001 - Approval of Amendment to License Agreement Between the City of
Muskego and Sprint Spectrum Realty Company L.P. Le Doux moved for adoption.
Sanders seconded. Motion carried 7-0.
Reso. #204-2001 - Determination of Compensation for Personnel Called to Active
Military Duty of The Reserve. Salentine moved for adoption. Petfalski seconded.
Motion carried 7-0.
Reso. #205-2001 - Initial Resolution Authorizing $3,150,000 General Obligation Bonds
for Street Improvements Projects. Salentine moved for adoption. Le Doux seconded.
Motion carried 7-0.
Reso. #206-2001 - Resolution Directing Publication of Notice to Electors. Le Doux
moved for adoption. Salentine seconded. Motion carried 7-0.
Reso. #207-2001 - Resolution Providing for the Sale of $3,150,000 General Obligation
Street Improvement Bonds. Salentine moved for adoption. Le Doux seconded. Motion
carried 7-0.
Common Council Minutes Page 4
October 23, 2001
Ord. #1084 - An Ordinance to Amend Chapter 17, Sections 2.02 and 6.09, of the
Municipal Code of the City of Muskego (Zoning Code Definitions and Signs). First
Reading.
LICENSES
Slocomb moved for approval of Operators’ Licenses for Teresa Foster and Rebecca
Johnson. Sanders seconded; motion carried.
Slocomb moved for approval of Temporary “Class B”/Class “B” License for St. Leonard
Congregation for 2/9/2002 and 2/10/2002 (as the event will end at 1:00 AM). Petfalski
seconded; motion carried.
VOUCHER APPROVAL
Slocomb moved for approval of payment of General Vouchers in the amount of
$444,928.03. Sanders seconded. Motion carried 7 -0. Sanders moved for approval of
payment of Utility Vouchers in the amount of $298,149.22. Petfalski seconded. Motion
carried 7-0.
CITY OFFICIALS’ REPORTS
The Clerk-Treasurer announced the following public hearings: 11/12/2001 at 7:00 PM
regarding 2002 budget and 11/13/2001 at 7:20 PM which is an informational hearing
regarding a petition to designate Tans Drive and Crowbar Road as “Rustic Roads.”
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
The Clerk gave the status of the Teen Advisory Board Nominations. To date, seven
nominations have been received. Petfalski encouraged participation by the aldermen
who have not yet submitted nominations. Final review of nominations at 11/8/01
Committee of the Whole meeting. The November calendar was reviewed. The Clerk
reminded everyone that a Special Referenda Election would be held on 11/6/2001 with
polls open from 7:00 AM to 8:00 PM. The City Attorney was dismissed.
Le Doux 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. Sanders seconded. Motion carried 7-0. The Clerk and Deputy were dismissed.
Slocomb moved to reconvene into open session. Wichgers seconded. Motion carried
7-0. Petfalski moved to adjourn at 11:20 PM. Wichgers seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer