CM062502
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD JUNE 25, 2002
The meeting was called to order at 7:35 PM by Mayor Slocomb. Also present were Ald.
Damaske, Le Doux, Madden, Patterson, Petfalski, Salentine, and Sanders, City Attorney Molter,
Plan Director Turk, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. Those present recited
the Pledge of Allegiance. The Mayor stated the meeting was noticed in accordance with the
open meeting law.
APPROVAL OF MINUTES
Salentine moved for approval of minutes of the 6/11/2002 meeting. Le Doux seconded; motion
carried.
The Mayor stated the Council would not need to convene into closed session.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Slocomb stated there was nothing new to report regarding the power plant issue.
COMMITTEE REPORTS
Petfalski moved for acceptance of 6/25/2002 Finance Committee minutes. Sanders seconded;
motion carried.
Minutes of the 5/22/2002 Library Board, 6/10/2002 Parks & Recreation Board, 6/18/2002 Plan
Commission and 6/12/2002 Conservation Commission were received and placed on file.
Petfalski moved for acceptance of 6/17/2002 Public Utilities Committee minutes. Sanders
seconded; motion carried.
OLD BUSINESS
Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 6/11/2002. Salentine
moved to defer. Le Doux seconded; motion carried.
Reso. #130-2002 – Appointments to Community Development Authority. On the floor, deferred
6/11/2002. Petfalski moved to defer. Sanders seconded; motion carried.
Ord. #1105 - An Ordinance to Amend Chapter 3 of the Municipal Code of the City of Muskego
(Common Council Planning and Approval of Public Works Projects). Second Reading.
Petfalski moved for adoption. Patterson seconded. Patterson expressed concern about
emergency situations. Mayor Slocomb responded this is not a list of items that have to be done.
It outlines all the issues and resources available for projects. A determination would be made
for each specific project. Atty. Molter stated what brings this ordinance (and Ord. #1106) before
the Council is the petition submitted for direct legislation. He stated within 30 days after the
Clerk’s final certification, the Council could either pass the ordinance or submit the same to the
electors, or it could, under certain circumstances as determined by the Wis. courts, refuse to
accept either alternative and reject both indicating it is not a proper subject matter for direct
legislation. Generally speaking the courts have set forth five exceptions. One of the exceptions
is if an ordinance or resolution is in direct conflict with a prior ordinance or resolution and would
constitute an implied repeal. If the ordinances are adopted by the Council tonight, Atty. Molter
will use that as part of the legal argument. Motion to adopt carried 6 in favor and Damaske
voting “no.”
Ord. #1106 - An Ordinance to Amend Chapter 3 of the Municipal Code of the City of Muskego
(Limit on Construction of Public Works Projects Whose Estimated Costs Exceed $15 Million).
Second Reading. Le Doux moved for adoption. Sanders seconded. The Mayor stated that the
ordinance addresses two issues: one is a dollar limit and the other is spending during
emergency situations. The Mayor read a memo to the aldermen, which outlined his rationale for
establishing the limit of $15 million dollars. It is not based on a specific project but the
development/redevelopment of the downtown area as a whole. Petfalski wanted to clarify that
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June 25, 2002
passage of the ordinance does not affect the decision to take the Community Center issue to
referendum. Le Doux suggested that the dollar limit be based on a percentage of the City’s
valuation, which would allow for future growth. In response to an inquiry by Damaske, the
Mayor stated the CDA could not build the Community Center on its own. Patterson expressed
concerns about the $15 million dollar amount and would like to see it lower. We need to find a
middle ground that is right for the community. He noted that the $3 million limit contained in the
petition may be too low and cannot be changed. The petition also does not address emergency
situations. The Mayor stated concerns in reducing the limit and the effect on potential
development. The entire project area could suffer. Petfalski stated the number needs to be
accurate and based on fact. Discussion took place about lowering the limit now with the
understanding that it could be changed in the future. Patterson moved to amend the $15 million
limit to $10 million. Petfalski seconded. Damaske stated why not use the $3 million based on
the petition submitted. Motion to amend carried with Madden, Sanders, Salentine, Petfalski and
Patterson voting “yes” and Damaske and Le Doux voting “no.” Ord. #1106, as amended,
adopted 6 in favor and Damaske voting “no.”
Ord. #1107 - An Ordinance to Amend Chapter 1, Section 1.05(3) of the Municipal Code of the
City of Muskego (Board of Zoning Appeals). Second Reading. Salentine moved for adoption.
Le Doux seconded. Motion carried 7-0.
NEW BUSINESS
Reso. #132-2002 - Appointment of Citizen Member to Board of Appeals. Petfalski moved for
adoption. Le Doux seconded. Petfalski moved to defer. Le Doux seconded; motion carried.
Reso. #133-2002 - Approval of Various License Applications for the City of Muskego for the
Licensing Period July 1, 2002 to June 30, 2003. Salentine moved for adoption. Le Doux
seconded. Mayor Slocomb stated that while the Council may grant a license, the Clerk could
not issue it if there are outstanding issues. Motion carried 7-0.
Reso. #134-2002 - Approval of Subdivider’s Agreement, Letter of Credit and Final Plat for
Candlewood Creek Subdivision. Salentine moved for adoption. Le Doux seconded. Mr. Turk
stated there are minor technical corrections that need to be made to the Subdivider’s
Agreement. Two (of the six) outlots are being reserved for future development. The developer
will complete the portion of the recreational trail on Woods Road from Moorland to Kathryn
Drive. Petfalski requested to abstain on this issue and the next (Reso. #135-2002) because of a
business relationship with the developer. Motion carried 6 in favor and 1 abstention.
Reso. #135-2002 - Approval of Certified Survey Map - Towne Realty. Le Doux moved for
adoption. Sanders seconded. Motion carried 6 in favor and Petfalski abstaining.
Reso. #136-2002 - Determination of Nonsubstantial Change - Muskego Centre Planned
Development District. Petfalski moved for adoption. Damaske seconded. Mr. Turk stated
McDonald’s has installed a menu board and intercom ordering system, which constitutes a
change to the OPD. The Plan Commission determined the change is nonsubstantial. Motion
carried 7-0.
Reso. #137-2002 - Resolution to Establish Fees - GIS Land Records Fee ($50). Salentine
moved for adoption. Sanders seconded. Mr. Turk proposes to increase the fee to cover the
cost of having the work done by outside consultants. Motion carried 7-0. Mr. Turk was
dismissed.
Ord. #1108 - An Ordinance to Amend Chapter 3, Sections 3.05(4) and (5), of the Municipal
Code of the City of Muskego. First Reading. The ordinance is in response to discussion that
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June 25, 2002
took place at Committee of the Whole to eliminate the Capital Budget Committee. The Clerk
noted that the Finance Director might propose other amendments to Chapter 3.
LICENSES
Petfalski moved for approval of a regular Operator’s License for Kathleen Hoffman, a temporary
Operator’s License for Cynthia Krauss for 7/3/02 and a temporary Operator’s License for Arthur
Benotti for 8/23/02 - 8/25/02. Salentine seconded; motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of $432,716.70. Le
Doux seconded. Motion carried 7-0. Sanders moved for approval of payment of Utility
Vouchers in the amount of $96,911.49. Damaske seconded. Motion carried 7-0. Petfalski
moved for approval of payment of Tax Checks in the amount of $1,006.00. Le Doux seconded.
Motion carried 7-0.
CITY OFFICIALS’ REPORTS
A draft of the July calendar was provided for review with the Clerk noting that the next
Committee of the Whole meeting was scheduled for 7/25. The Clerk announced the following
public hearings to be held on 7/9/2002: 7:15 pm to consider petition of Maciolek Limited
Partnership to rezone property in the SW 1/4 of Sec. 2 to B-3/OPD and RSA/OPD; 7:20 pm to
consider petition to rezone properties located in the Freedom Square Condominium area to
include the OWP Overlay Wellhead Protection designation; 7:25 pm to consider petition to
rezone property in the NW 1/4 of Sec. 10 to add the OIP designation.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Petfalski stated he met with Ray Schrank and a joint meeting between the School Board and
Council was discussed.
ADJOURNMENT
Petfalski moved to adjourn at 8:51 PM. Madden seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer