CM022602
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD FEBRUARY 26, 2002
The meeting was called to order at 7:33 PM by Mayor De Angelis. Also present were
Ald. Slocomb, Le Doux, Patterson, Petfalski, Salentine, Sanders, and Wichgers, City
Attorney Trindl, Clerk-Treasurer Marenda, Engineering/Building Inspection Director
McMullen, Plan 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 2/22/02.
Salentine moved for approval of minutes of 2/12/02. Le Doux seconded; motion carried.
The Clerk read the closed session notices.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor De Angelis presented power plant update. Submittals to the DNR for permits are
still pending. E-mail correspondence received from PSC representative indicates no
application has been submitted by El Paso.
The Mayor attended League Lobby Day in Madison and met with various state
representatives on the budget reform issue. It is anticipated that the Governor’s
proposal will not pass but no alternatives have come forward. Two replacement
appointments to the Urban Forestry Committee were announced. They are Jeff
Musialowski and Bill Miller.
Reso. #34-2002 - Approval of Final Plat, Subdivider’s Agreement, Retention Pond
Maintenance Agreement, Open Space Management Plan Agreement, Deed of
Conservation Easement and Letter of Credit for Martin Estates. On the floor, deferred
2/12/2002. A proposed amendment was presented to allow a maximum of 16
domesticated livestock and a single accessory structure on Outlot 2 as a result of
discussion at the Finance Committee level. Slocomb moved to amend to include
language as presented. Salentine seconded. Le Doux stated this is a step in the right
direction. Motion to amend carried. The approvals are contingent upon rezoning the
property; Petfalski and Wichgers noted concerns that they would state under discussion
of Ord. #1092. Reso. #34-2002, as amended, adopted 5-2 with Sanders, Petfalski,
Salentine, Slocomb and Le Doux voting “yes” and Wichgers and Patterson voting “no.”
Ord. #1092 - An Ordinance to Amend the Zoning Map of the City of Muskego (Martin
Estates - RCE to RCE/COPD). On the floor, deferred 2/12/2002. Petfalski stated
people who attended the rezoning public hearing expressed concerns and opposition.
He held a neighborhood meeting to explain the concept of conservation subdivisions.
The people understand that development will take place but still oppose the rezoning.
He requested the Council vote against the rezoning. He agrees that conservation
subdivisions are good planning. However the current zoning of this parcel allows the
development of 3-acre lots; he supports that his constituents prefer the existing zoning.
Patterson stated he also believed conservation subdivisions were good but supported
voting against the rezoning because the people in the area oppose. Wichgers also
opposed because the flow and flavor of the area would not be maintained. Salentine
supported the rezoning saying it was being responsive to what the community wanted
as a whole regarding conservation and preservation of open space. The amendment
recommended by the Finance Committee addressed the concerns regarding livestock.
Petfalski requested privilege of the floor for developer to respond to whether most of the
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February 26, 2002
lots are spoken for; there were no objections. Mr. Carrow stated the lots are being
marketed as a conservation subdivision, subject to approval by the City, and a good
percentage are reserved for sale. Petfalski stated the livestock issue was only one of
the concerns people had. The amendment to allow just took place and the
development was not marketed as equestrian. The Mayor stated sales have not taken
place, as the final plat has not been signed; potential buyers will have to be made aware
of the final conditions approved for the development. Slocomb stated the Council
adopted the Conservation Ordinance and it can only be applied to large parcels. It was
developed in response to what the community said needed to be done to conserve
natural resources and provide open space. The conservation subdivision accomplishes
this. Wichgers stated the impact of the rezoning is not dramatic; only 13 to 16 lots will
be developed. The function of this area is special; he encouraged development of 3-
acre lots, which will retain open space. Le Doux stated people want areas kept open
and this is one way to do without putting a burden on the taxpayers to purchase land for
open space. Petfalski stated the open space would only be for the people who live in
the subdivision. The biggest impact of the rezoning is on the people who live there;
they want to keep the area consistent with what is there. His vision of the conservation
subdivision was to limit the development of subdivisions with 1/2 or 3/4-acre lots. The
Mayor noted that the conservation plan itself was designed to address the carving up of
farms and woodlands into 3-acre lots because it does not promote good open space
management. It can only be applied in larger, contiguous areas. People will continue to
make the argument that their area is special and should be protected and development
as a conservation subdivision not apply. Slocomb stated if the Council responds to the
“not in my backyard” opposition, it will ignore the community-wide aspect of the
conservation plan and it will be abandoned. Petfalski argued that responding to what
specific neighborhoods want might be better than implementation citywide. Salentine
called for the question. Sanders objected; Salentine and Le Doux voted “yes” to the call
for the question and Sanders, Petfalski, Slocomb, Wichgers and Patterson voted “no.”
Sanders stated if the Council uses the “not in my backyard” theory to vote on other
issues, such as a business park, the City will not have one. He favors the rezoning.
Petfalski objected stating that the business park issue affects everyone in the City by
increasing the tax base. He reiterated his position that this rezoning has no real benefit
to people in the other districts; the people most affected by it don’t want it. Petfalski
called for the question; there were no objections. Motion carried 4-3 with Sanders,
Salentine, Slocomb and Le Doux voting “yes” and Petfalski, Wichgers, and Patterson
voting “no.”
Ord. #1093 - An Ordinance to Amend Chapter 18 of the Municipal Code of the City of
Muskego (Jurisdiction and Compliance/Recordation). Second Reading. Le Doux
moved for adoption. Salentine seconded. Motion carried 7-0.
Ord. #1094 - An Ordinance to Amend the 2010 Comprehensive Plan. Second Reading.
Slocomb moved for adoption. Sanders seconded. Motion carried 7-0.
Mr. Turk was dismissed. Petfalski 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 purchase
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February 26, 2002
of Kotnik property for Storm Sewer Watercourse Control Improvement Project. Le Doux
seconded. Motion carried 7-0. Mr. McMullen was present and the Clerk and Deputy
were not during closed session.
Petfalski moved to reconvene into open session. Salentine seconded. Motion carried
7-0.
Reso. #42-2002 - Appointment of Members to Conservation Commission. Le Doux
moved for adoption. Salentine seconded. Motion carried 7-0.
Reso. #43-2002 - Approval of Certified Survey Map - City of Muskego and Janesville
Road Remnant Parcel LLC. Le Doux moved for adoption. Salentine seconded. Motion
carried 7-0.
Reso. #44-2002 - Offer to Purchase - Kotnik (Storm Sewer Watercourse Control
Improvement Project). Slocomb moved for adoption. Petfalski seconded. The Mayor
stated the purchase price was $270,800. Motion carried 7-0.
Reso. #45-2002 - Approval of Open Space Management Plan Agreement for Pleasant
View Condominiums. Le Doux moved for adoption. Sanders seconded. Motion carried
7-0.
Reso. #46-2002 - Resolution to Establish Fees - Planning and Zoning. Slocomb moved
for adoption. Wichgers seconded. Motion carried 7-0.
Reso. #47-2002 - Approval of Road Assessment Policy - Moorland Road South
Extension. Salentine moved for adoption. Le Doux seconded. Motion carried 7-0.
Reso. #48-2002 - Approval of Certified Survey Map - Moorland Road Extension. Le
Doux moved for adoption. Petfalski seconded. Motion carried 7-0.
Reso. #49-2002 - Appointment of Citizen Member to the Library Board (C. Bartes).
Slocomb moved for adoption. Petfalski seconded. Motion carried 7-0.
Reso. #50-2002 - Approval of Extension of Time to Complete Public Improvements -
Dreamland Development. Le Doux moved for adoption. Salentine seconded. The
Mayor noted the closing was scheduled for 3/6/2002. Motion carried 7-0.
Reso. #51-2002 - Resolution Amending the City of Muskego Employee Deferred
Compensation Plan (Equitable Life Assurance Society of the United States). Salentine
moved for adoption. Sanders seconded. Motion carried 7-0.
Ord. #1095 - An Ordinance to Impose a Moratorium on Certain Parcels Located in a
Potential OWP Well Head Protection Overlay Zoning District in the City of Muskego.
First Reading.
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February 26, 2002
LICENSES
Slocomb moved to approve Operator’s License for Nancy Frier. Le Doux seconded;
motion carried. Slocomb moved to approve a Class “B” Retailer’s License to Sell
Fermented Malt Beverages for Wings & Whitetails Taxidermy Archery LLC, Kimberly
Spiel, agent. Sanders seconded; motion carried.
VOUCHER APPROVAL
Slocomb moved for approval of payment of General Vouchers in the amount of
$515,656.35. Wichgers seconded. Motion carried 7-0. Sanders moved for approval of
payment of Utility Vouchers in the amount of $292,858.52. Le Doux seconded. Motion
carried 7-0.
CITY OFFICIALS’ REPORTS
The Clerk-Treasurer announced the following public hearings: 3/12/2002 at 7:25 pm to
consider amendment to Chapter 17 relating to accessory structures; 3/26/2002 at 7:15
pm to consider an amendment to Chapter 17 relating to rustic structures; 3/26/2002 at
7:20 pm to consider petition to rezone property located in Sec 10 to include OIP overlay;
3/26/2002 at 7:30 pm to consider petition to rezone property located in Sec. 9 to remove
OIP overlay.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
A draft of the March calendar was reviewed. Notification for the public informational
hearings was discussed. It was also noted that the Committee of the Whole would meet
on 3/7/2002 and 3/14/2002. Petfalski requested the public access channel be used to
provide more information about scheduled public hearings. In addition, Le Doux would
like to see photographs from local events used as background on the public access
channel.
ACCEPTANCE OF COMMITTEE REPORTS
Slocomb moved for acceptance of the 2/20/02 and 2/26/02 Finance Committee minutes.
Sanders seconded; motion carried.
Sanders moved for acceptance of the 2/18/02 Public Utilities Committee minutes.
Petfalski seconded; motion carried. Petfalski moved for individual consideration of
paragraph regarding purchase of the Jacobus property for it to be sent back to
committee. Slocomb seconded; motion carried. Motion to accept minutes without said
paragraph carried.
Minutes of the 2/19/2002 Plan Commission and 2/11/2002 Parks and Recreation Board
were received and placed on file.
Slocomb moved to convene into closed session pursuant to §19.85(1)(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 labor negotiations with represented employees. Sanders seconded.
Motion carried 7-0.
The City Attorney, Clerk-Treasurer, Deputy and Mr. McMullen were dismissed.
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February 26, 2002
Patterson moved to reconvene into open session. Salentine seconded. Motion carried
7-0. Petfalski moved to adjourn at 10:25 pm. Wichgers seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer