CM012202
COMMON COUNCIL - CITY OF MUSKEGO
MINUTES OF MEETING HELD JANUARY 22, 2002
Approved: February 12, 2002
The meeting was called to order at 8:19 PM by Mayor De Angelis. Also present were
Ald. Slocomb, Le Doux, Patterson, Petfalski, Salentine, Sanders, and Wichgers, City
Attorney Molter, Clerk-Treasurer Marenda, Engineering/Building Inspection Director
McMullen, Lakes Project Coordinator Zagar, Assistant Plan Director Wolff, 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 1/18/02.
Le Doux moved for approval of minutes of 1/8/02. Salentine seconded; motion carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor stated Payne & Dolan is working on a reclamation plan. A joint meeting of
the Community Center and Theatre Study Groups will be held on 1/23. The City just
signed a lease to provide an additional public access at Big Muskego Lake. The Mayor
noted that he continues to work with the State Teach Board regarding the City’s
agreement to share the T-1 line. He also discussed the adverse effects the Governor’s
budget reform would have on municipalities.
PERSONAL APPEARANCES
Mr. Jim Jackley appeared on behalf of the DNR to discuss the interest in the area of Big
Muskego Estates located on the west side of Durham Drive. The Mayor said the City
has concerns about the DNR’s potential participation in the stormwater detention pond
for wildlife enhancement. Mr. Jackley stated there would be no compromise to
stormwater management. He does have some concerns about using the pond for
wildlife enhancement without knowing the content of the runoff that may go into it and
the responsibility for long-term maintenance. He stated that the DNR has not
developed specific plans for development of the conservation area. Some of the
primary goals would be to restore any wetlands, protect the water quality of the lake and
encourage the growth of grassland in the area.
Ord. #1090 - An Ordinance to Amend the Zoning Map of the City of Muskego (Big
Muskego Estates R-2, RSE and SW to RS-2/OPD/SW). Second Reading. Le Doux
moved for adoption. Sanders seconded. Discussion ensued regarding rezoning the
property now prior to final approvals for the proposed development. Slocomb
expressed concerns. This is not the City’s normal procedure; rezoning is generally
approved at the time of the final plat and developer’s agreement. The DNR requested
the rezoning take place to proceed with acquisition of the land on the west side of
Durham Drive. The City Attorney also expressed concerns especially regarding the
stormwater management plan and ownership of the property that the detention pond will
be on. The Mayor stated that the pond would be on a separate outlot and not owned by
the DNR. Mr. McMullen stated it was similar to the development of Sarah Estates
where a separate outlot for stormwater was created with ownership and maintenance
remaining with the subdivision. Mr. Jim Doering of Towne Realty requested privilege of
the floor; there were no objections. He stated that the DNR has expressed a desire to
own all land west of Durham Drive (except the five-acre parcel the home is on) including
the land that the stormwater detention pond would be on. It is his understanding that
the subdivision homeowners’ association would be responsible for maintenance of the
pond. The DNR is interested in ownership of the land so it would have greater control
of the pond construction and maintenance of the area around the pond. The Mayor
Common Council Minutes Page 2
January 22, 2002
suggested adding language to the ordinance to tie the rezoning to the approval of the
final plat and developer’s agreement. Salentine moved to amend to add the following
words at the end of Section 3, “and further execution of the final developer’s agreement
and accompanying documents acceptable to the City on or before March 1, 2005 and
approval of the final plat in substantial conformance to the preliminary plat on or before
March 1, 2005.” Slocomb seconded. The developer did not perceive a problem with
the provisions of the amendment as it provided an adequate amount of time to obtain
final approvals. Petfalski requested to abstain because of a business relationship with
the developer. Motion to amend carried with Petfalski abstaining. Ord. #1090, as
amended, adopted 6 in favor and Petfalski abstaining.
Reso. #14-2002 - Approval of Pre-Development Agreement for Big Muskego Estates.
Le Doux moved for adoption. Salentine seconded. Salentine moved to amend Section
2 of the Deed of Conservation Easement (attached to Pre-Development Agreement) to
add subsection (d) in accordance with recommendation of City Attorney. Le Doux
seconded; motion carried with Petfalski abstaining. Reso. #14-2002, as amended,
adopted 6 in favor and Petfalski abstaining.
Reso. #15-2002 - Approval of Preliminary Plat - Big Muskego Estates. Slocomb moved
for adoption. Le Doux seconded. Motion carried 6 in favor and Petfalski abstaining.
Mr. Wolff was dismissed.
Reso. #29-2002 - Resolution to Support and Participate in DNR Acquisition of the
Hendrickson Property. Slocomb moved for adoption. Le Doux seconded. Petfalski
moved to add, “BE IT FURTHER RESOLVED That in the event the DNR does not
maintain the property in a manner consistent with the Big Muskego Lake Wildlife Area,
any said change in use shall require approval of the City of Muskego.” Salentine
seconded; motion carried. Reso. #29-2002, as amended, adopted 7-0. Mr. Jackley left
the meeting.
Ord. #1092 - An Ordinance to Amend the Zoning Map of the City of Muskego (Martin
Estates - RCE to RCE/COPD). First Reading.
Reso. #18-2002 - Resolution to Establish Fees (Building Permits and Engineering
Review). Salentine moved for adoption. Le Doux seconded. Motion carried 7-0.
Reso. #19-2002 - Authorization to Submit Lake Management Planning Grant. Le Doux
moved for adoption. Sanders seconded. Motion carried 7-0. Mr. Zagar was dismissed.
Reso. #17-2002 - Final Resolution Authorizing Area Wide Water Capacity Assessment
for Water Services Under Wisconsin Statute 66.0703 and Levying Water Capacity
Special Assessments Against Benefited Property (WCA) (Seventh Amended WCA
District). Sanders moved for adoption. Petfalski seconded. Motion carried 7-0.
Reso. #28-2002 - Approval of Three-Party Agreement for Moorland/Janesville Road
Intersection Improvements. Sanders moved for adoption. Salentine seconded. Motion
carried 7-0.
Common Council Minutes Page 3
January 22, 2002
ACCEPTANCE OF COMMITTEE REPORTS
Slocomb moved for acceptance of the 1/16/02 and 1/22/02 Finance Committee minutes.
Sanders seconded; motion carried.
Patterson moved for acceptance of the 1/7/02 Public Services Committee minutes.
Petfalski seconded; motion carried.
Minutes of the 1/15/2002 Plan Commission and 1/14/2002 Parks and Recreation Board
were received and placed on file.
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), on the
floor, deferred 1/8/2002. Mayor noted that the Plan Commission deferred action as
some issues were still being reviewed. Slocomb moved to defer. Petfalski seconded;
motion carried.
Reso. #12-2002 - Reapproval of Agreement for Ambulance Services with the Tess
Corners Volunteer Fire Department (Possible Reconsideration). Slocomb moved to
reconsider. Salentine seconded; motion carried. Slocomb moved to amend agreement
pursuant to recommendation made at the 1/16/2002 Finance Committee meeting.
Salentine seconded; motion carried. Reso. #12-2002, as amended, adopted 7-0.
Reso. #16-2002 - Approval of Condominium Plat - Pleasant View Condos. Le Doux
moved for adoption. Sanders seconded. Motion carried 7-0.
Reso. #20-2002 - Approval of Certified Survey Map - Schweitzer. Le Doux moved for
adoption. Petfalski seconded. Motion carried 7-0.
Reso. #21-2002 - Approval of Certified Survey Map - Bridgford/Ouimet. Le Doux moved
for adoption. Salentine seconded. Motion carried 7-0.
Reso. #22-2002 - Resolution Indicating Support for the Proposed Legislation That
st
Would Implement the “21 Century Vision for Waukesha County Municipalities.”
Slocomb moved for adoption. Le Doux seconded. Motion carried 7-0.
Reso. #23-2002 - Joint Powers Agreement - County 911 Emergency System. Le Doux
moved for adoption. Slocomb seconded. Motion carried 6 in favor and Wichgers voting
“no.”
Reso. #24-2002 - Resolution Declaring Certain Delinquent Personal Property Taxes to
be Uncollectible. Slocomb moved for adoption. Salentine seconded. Motion carried 7-
0.
Reso. #25-2002 - Acceptance of Nonpoint Source Grant (Tess Corners Creek).
Salentine moved for adoption. Patterson seconded. Motion carried 7-0.
Reso. #26-2002 - Approval of Five-Year Capital Improvements Program (2002-2006).
Petfalski moved for adoption. Sanders seconded. Motion carried 7-0.
Common Council Minutes Page 4
January 22, 2002
Reso. #27-2002 - Approval of Extension of Time to Complete Public Improvements -
Dreamland Development. Le Doux moved for adoption. Petfalski seconded. Motion
carried 7-0.
Ord. #1091 - An Ordinance to Amend Chapter 1, Section 1.09(1) of the Municipal Code
of the City of Muskego (Location of Polling Places - District 7). First Reading.
LICENSES
Slocomb moved to approve Temporary Class “B” License to Sell Fermented Malt
Beverages for St. Leonard Congregation on 3/1/2002. Le Doux seconded; motion
carried.
Slocomb moved to approve Temporary Operator’s License for Amy Van Ruden for
2/9/2002 and 3/1/2002 events at St. Leonard. Salentine seconded; motion carried.
Slocomb moved to approve “Class B”/Class “B” Retailer’s License and Races on Ice
Permit for the Muskego Icetronauts Snowmobile Club on 2/10/2002. Patterson
seconded. Motion carried 7-0.
Slocomb moved to approve Operator’s License for Christopher Struck to work in a
“Class A”/Class “A” establishment only. Salentine seconded; motion carried.
VOUCHER APPROVAL
Slocomb moved for approval of payment of General Vouchers in the amount of
$918,973.13. Sanders seconded. Motion carried 7-0. Sanders moved for approval of
payment of Utility Vouchers in the amount of $439,578.14. Petfalski seconded. Motion
carried 7-0. Slocomb moved for approval of Tax Checks in the amount of $47,594.40.
Sanders seconded. Motion carried 7-0. .
CITY OFFICIALS’ REPORTS
The Clerk-Treasurer stated that the next Committee of the Whole meeting was
scheduled for 2/7/2002. She also announced that that the following public hearings
were scheduled for 2/12/2002: 7:15 PM to consider amendment to Chapter 18
regarding certified survey maps; 7:20 PM to consider amendment to the 2010 Street
System Plan; 7:25 PM to consider an amendment to the 2010 Comprehensive Plan to
reclassify lands located in the SE ¼ of Section 23 from low density to medium density.
Petfalski moved to adjourn at 10:16 PM. Sanders seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer