CM040902
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD APRIL 9, 2002
The meeting was called to order at 8:02 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, Parks & Recreation Director Anderson, 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 4/5/02.
Slocomb moved for approval of minutes of 3/26/02. Petfalski seconded; motion carried.
The Clerk read the closed session notices.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor De Angelis presented power plant update. The City received the Certificate of
Public Convenience and Necessity filed with the PSC from El Paso Power, which will be
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forwarded to consultants BT. Information from BT is forthcoming. To date, El Paso
has not submitted a Building, Site and Operational Plan to the City. The Mayor also
discussed the budget repair bill passed by the Senate, which calls for reduction and/or
elimination of shared revenue beginning in 2003.
Reso. #67-2002 - Approval of Practice/Show Dates on Little Muskego Lake (Water
Bugs Ski Team), on the floor, deferred 3/26/2002. Motion to adopt carried 7-0.
Reso. #68-2002 - Granting Placement of Water Bugs Ski Jump on Bed of Little
Muskego Lake and Placement of Pier at Idle Isle (Water Bugs Ski Team), on the floor,
deferred 3/26/2002. Petfalski stated a gentleman was present who lives off of Pearl
Drive and wanted his concern expressed regarding placement of the jump in the Bay
area. Motion to adopt carried 7-0.
Reso. #69-2002 - Resolution Honoring City of Muskego Eagle Scout Adam R.
McGregor. Le Doux moved for adoption. Petfalski seconded. Motion carried 7-0. The
Resolution was presented to Adam who briefly described his Eagle Scout project at
Bethel Lutheran Church and distributed pictures of what he accomplished. Motion
carried 7-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Review Survey for Community Center Project
Mr. Anderson distributed draft copies of three documents: introduction letter from the
Mayor, information sheet, and survey. He noted he just finished putting the materials
together with Russ Kashian this afternoon. Information contained in the letter was
discussed first regarding use of landfill monies and the statement that residents will not
be taxed. The Mayor requested that the presentation that was given regarding the
proposed center be replayed on cable and that the broadcast information be provided in
the letter. Patterson requested that the letter also contain information that daily rates
will be available.
Mr. Anderson turned over discussion regarding the survey to Mr. Russ Kashian who
prepared the survey questions. Mr. Kashian stated he currently teaches at UW-
Whitewater. He reviewed the survey (noted the correct term is actually “census”) with
the Council members. It will be used to gauge the level of support for the proposed
Common Council Minutes Page 2
April 9, 2002
community center and provide demographic information about those who respond. The
census will be sent to every household in the City and he projects a response rate of
about 15%. Aggressive marketing techniques can be used to increase the response
rate. Follow up correspondence, such as a postcard, can also increase the
responsiveness but time will not permit doing that in this case.
Wichgers stated the City will pay 3 to 4 times more for doing the census vs. holding a
(special) referendum election and the estimated response rate may be the same. The
Mayor stated each achieves two different goals. Mr. Kashian stated the census is not a
postcard that gives you a yes/no answer; it is to gauge levels of support and willingness
to pay. A census and an election are distinctly different.
Petfalski stated the response received from the census would represent more of the
population than that received from an election. Mr. Kashian pointed out that the
information that is obtained through a census could be more relevant.
Mr. Anderson stated that the Parks & Recreation program guide comes out the week of
April 29 and could include a reminder regarding completion of the census.
Patterson asked if offering some type of reduced rates would increase the responses.
Mr. Kashian did not believe that it would. Petfalski stated it could skew the results; only
those interested in the facility may respond.
Wichgers requested clarification on the census regarding question g. as to the
membership pass being annual. Mr. Anderson noted that the fees on the information
sheet were monthly but based on an annual commitment. A per month pass is not
available. It was agreed that further clarification regarding membership was needed on
the information sheet and then tied to the respective questions on the census.
Salentine also noted that while the membership fee was an annual fee, it was charged
to participants monthly and needed to be clarified.
Wichgers expressed concern about a public facility of this type competing with private
businesses. Salentine noted that counties own and operate golf courses. She also said
you could say public libraries compete with businesses, such as Barnes & Noble.
Patterson suggested adding a question regarding how people feel about the public vs.
the private sector issue. Slocomb stated that is beyond the scope of what the census is
to accomplish. Mr. Anderson stated the intent of the facility is not to compete but to
meet the needs and wants of the community. The private sector may see this as
competition. The facility will draw from neighboring communities. Salentine moved to
proceed with the census as follows: add box around questions f., g. (and i. if it fits),
clarifying “annual” membership in question g. and also on the information sheet,
changing the word “facilities” to “center” in question f., adding the word “Community” to
the title of the information sheet which will be in a trifold format to be visually appealing,
to include other noted changes in letter as discussed, such as times of presentation on
cable, subject to final approval of the Mayor. Slocomb seconded. Patterson moved to
amend to include a question if it is appropriate for the City to build a recreation facility
that will compete with private venture. Wichgers seconded. Mr. Kashian asked what
the result would produce. Wichgers stated it is a very difficult question to address.
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April 9, 2002
Petfalski called for the question on the amendment. Wichgers objected. Motion carried
6 in favor and Wichgers voting “no.” Motion to amend failed with Wichgers and
Patterson voting “yes” and Sanders, Petfalski, Salentine, Slocomb, and Le Doux voting
“no.” Slocomb called for the question on the original motion. There were no objections.
Motion carried 6 in favor and Wichgers voting “no.”
Petfalski 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. Le Doux seconded.
Motion carried 7-0.
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 purchase of Ethel Martin property for
expansion of Park Arthur. Salentine seconded. Motion carried 7-0.
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 purchase of Ewald-Engel property for
conservation purposes. Salentine seconded. Motion carried 7-0.
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 purchase of Kotnik property for Storm Sewer
Watercourse Control Improvement Project. Slocomb seconded. Motion carried 7-0.
Mr. Anderson and the Deputy Clerk were dismissed. The Clerk was not present for the
closed sessions and returned for open session.
Petfalski moved to reconvene into open session. Slocomb seconded. Motion carried 7-
0.
Salentine moved for acceptance of 4/3/2002 and 4/9/2002 Finance Committee minutes.
Sanders seconded; motion carried.
Salentine moved for acceptance of 3/25/2002, 3/28/2002 and 4/9/2002 Public Works
Committee minutes. Le Doux seconded; motion carried.
Wichgers moved for acceptance of 3/28/2002 and 4/9/2002 Public Utilities Committee
minutes. Slocomb seconded; motion carried.
Patterson moved for acceptance of 4/1/2002 Public Services Committee minutes.
Wichgers seconded; motion carried.
Minutes of the 3/27/2002 Library Board, 3/21/2002 Teen Advisory Board and 4/2/2002
Plan Commission were received and placed on file.
Reso.#70-2002 – Approval of Continuation of Police Liaison Officer Program. Petfalski
moved for adoption. Wichgers seconded. Slocomb moved to amend reference to
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April 9, 2002
“66.30” to “66.0301”. Salentine seconded; motion carried. Reso. #70-2002 As
Amended adopted 7-0.
Reso. #71-2002 – Final Resolution Authorizing Installation of Water Main Improvements
and Levying of Special Assessments for Moorland Road South to Candlewood Water
Project (Project MW-31-02; Assessment District “WS”). Sanders moved for adoption.
Petfalski seconded. Motion carried 7-0.
Reso. #72-2002 – Final Resolution Authorizing Special Assessment Police Powers
Under 66.0703, WI Statutes for Moorland Road-Janesville Road to Woods Road Road
Project (Project MR-3-02; Assessment District “RC”). Le Doux moved for adoption.
Petfalski seconded. Motion carried 7-0.
Reso. #73-2002 – Award of Bid – Moorland Road and Janesville Road. Wichgers
moved for adoption. Petfalski seconded. Motion carried 7-0.
Reso. #74-2002 – Award of Bid – McShane Inline Storage Facility. Le Doux moved for
adoption. Sanders seconded. Slocomb moved to amend to add to the end of the third
paragraph “and receipt of all applicable permits and approvals”. Petfalski seconded;
motion carried. Reso. #74-2002 As Amended adopted 7-0.
Reso. #75-2002 – Approval of Preliminary Plat – Prairie Meadows Estates. Le Doux
moved for adoption. Wichgers seconded. Motion carried 7-0.
Reso. #76-2002 – Establish Traffic Regulations. Patterson moved for adoption. Le
Doux seconded. Motion carried 7-0.
Reso. #77-2002 – Authorize Execution of the Labor Agreement between City
Hall/Library Unit of Local 2414 AFSCME and the City of Muskego January 1, 2002 –
December 31, 2003. Slocomb moved for adoption. Salentine seconded. Motion
carried 7-0.
Reso. #78-2002 – Authorize Execution of the Labor Agreement between
Telecommunicators Unit of Local 2414 AFSCME and the City of Muskego January 1,
2002 – December 31, 2003. Petfalski moved for adoption. Salentine seconded.
Motion carried 7-0.
Reso. #79-2002 – Authorize Execution of the Labor Agreement between the Public
Works and Utilities Department and the City of Muskego January 1, 2002 – December
31, 2003. Slocomb moved for adoption. Salentine seconded. Motion carried 7-0.
Reso. #80-2002 – Offer to Purchase – Martin. Le Doux moved for adoption. Salentine
seconded. Slocomb moved for defer. Le Doux seconded. Motion carried.
Reso. #81-2002 – Resolution as to Counter Offer-Kotnik. Wichgers moved for adoption.
Le Doux seconded. Petfalski moved to amend to add to third paragraph “and
documentation referred to in No. 2 of the counter offer will be deleted in the final offer.”
Sanders seconded; motion carried. Reso. #81-2002 As Amended adopted 7-0.
Common Council Minutes Page 5
April 9, 2002
Ord. #1099 - An Ordinance to Amend Chapter 17 of the Municipal Code of the City of
Muskego (Rustic Structures). Second Reading. Slocomb moved for adoption. Le Doux
seconded. Slocomb moved to amend Section 6 of the ord. to change word “existing” to
“existed” which appears in Section 6.03 (3) E. Salentine seconded; motion carried.
Ord. #1099, as amended, adopted 7-0.
Ord. #1100 - An Ordinance to Amend Chapter 17 of the Municipal Code of the City of
Muskego (Accessory Uses and Structures). Second Reading. Le Doux moved for
adoption. Slocomb seconded. Motion carried 7-0.
Ord. #1101 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Community Center - RS-2 and RS-3 to RS-2/OIP and RS-3/OIP). Second Reading.
Le Doux moved for adoption. Petfalski seconded. Motion carried 6 in favor and
Wichgers voting “no.”
Ord. #1102 - An Ordinance to Amend the Zoning Map of the City of Muskego (Strasser -
B-3/OIP to B-3). Second Reading. Le Doux moved for adoption. Salentine seconded.
Motion carried 7-0.
LICENSES
Slocomb moved for approval of Operators Licenses for Kevin Riley, Yvonne Rindahl
and Amy Van Ruden (temporary). Sanders seconded; motion carried.
VOUCHER APPROVAL
Slocomb moved for approval of payment of General Vouchers in the amount of
$533,553.45. Le Doux seconded. Motion carried 7-0. Slocomb moved for approval of
payment of Tax Checks in the amount of $378,726.05. Sanders seconded. Motion
carried 7-0. Sanders moved for approval of payment of Utility Vouchers in the amount
of $45,919.90. Petfalski seconded. Motion carried 7-0.
CITY OFFICIAL’S REPORTS
Clerk-Treasurer Marenda asked if there would be a Committee of the Whole meeting on
4/11/02, and the Council determined to cancel the meeting.
Atty. Molter provided his opinion of how the organizational meeting will be handled next
Tuesday. The three aldermen elected 4/2/02 will take their positions 4/16/02. A recount
is in process for the Mayor’s position, which should be completed before next Tuesday;
however, there is a Wisconsin Statute stating the certificate of election issued by the
municipal clerk cannot be issued until the recount has been completed and the time of
appeal of the recount has passed, which is five (5) business days after the recount is
final. Therefore, next Tuesday there won’t be a new Mayor. Mayor De Angelis’ term
will end. Ald. Wichgers’ term ends. Ald. Slocomb’s term is not up so he will continue as
District 7 Alderman. There will be no election of Council President or Plan Commission
Representative and Little Muskego Lake Representative can be delayed. Since the
Council President doesn’t have a specific term, the current Council President will
continue. Petfalski asked if the appeal rights on the recount could be waived. Atty.
Molter stated he asked Atty. George Dunst of the State Elections Board who stated he
wouldn’t vouch for its legality.
Common Council Minutes Page 6
April 9, 2002
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Discuss Replacement of District 7 Alderperson. The procedure established by the
Committee of the Whole on 2/8/01 was reviewed, and it was agreed to follow that same
procedure. Detailed plans and dates will be discussed at the 4/23/02 Council meeting.
Ald. Wichgers thanked the Council for the past two years, and indicated his plate was
full with the combined positions of County Supervisor and City Alderman. He wished he
could have given more time to either position, but it’s been a great experience.
ADJOURNMENT
Petfalski moved to adjourn at 11:31 PM. Sanders seconded; motion carried.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer