CM072302
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD JULY 23, 2002
The meeting was called to order at 7:38 PM by Mayor Slocomb. Also present were Ald.
Petfalski, Damaske, Le Doux, Madden, Patterson, Salentine, and Sanders, City
Attorney Molter, Plan Director Turk, Finance Director Gunderson, Clerk-Treasurer
Marenda, 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 as amended on July 22, 2002.
APPROVAL OF MINUTES
Le Doux moved for approval of minutes of the 7/9/2002 meeting. Sanders seconded;
motion carried.
The Clerk-Treasurer read the notice of closed session.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Slocomb stated there was discussion last week with a representative of El Paso.
The company continues to work with the PSC and has indicated that no groundwater
would be used; water needed would be trucked in. The issue of consolidated dispatch
continues to be discussed. If Muskego joins, it would cost taxpayers an additional
$1,000 per year. It will cost other communities more. There may be benefits to
consolidated dispatch but it will not be the big money saver as initially projected.
PERSONAL APPEARANCES
Donald Vilione of Virchow, Krause & Co. presented highlights of the City’s 2001
financial statements noting the City experienced a successful year financially. Mr.
Vilione and Ms. Gunderson were excused following the presentation.
COMMITTEE REPORTS
Petfalski moved for acceptance of 7/17/2002 and 7/23/2002 Finance Committee
minutes. Sanders seconded; motion carried.
Patterson moved for acceptance of 7/10/2002 Public Services Committee minutes.
Damaske seconded. Petfalski moved for individual consideration of Status of
Recycling/Refuse paragraph to be sent back to committee for further discussion with
Superior Onyz regarding pickup from private roads. Sanders seconded; motion carried.
Motion to accept minutes without said paragraph carried.
Sanders moved for acceptance of 7/15/2002 Public Utilities Committee minutes. Le
Doux seconded; motion carried.
Minutes of the 7/8/2002 Parks and Recreation Board and 7/16/2002 Plan Commission
were received and placed on file.
OLD BUSINESS
Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 7/9/2002.
Petfalski moved to defer. Le Doux seconded; motion carried.
Reso. #130-2002 – Appointments to Community Development Authority. On the floor,
deferred 7/9/2002. Mayor stated he is still waiting for commitment from one individual
and wanted to make all the appointments at one time. Patterson moved to defer.
Petfalski seconded; motion carried.
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July 23, 2002
Reso. #132-2002 - Appointment of Citizen Member to Board of Appeals. On the floor,
deferred 7/9/2002. Sanders moved to defer. Patterson seconded; motion carried.
Ord. #1109 – An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan
of the City of Muskego (Maciolek Limited Partnership and MRED Commercial
Development Corporation – RS-2 and RS-3 to B-3/OPD and RSA/OPD. Second
Reading. Salentine moved for adoption. Le Doux seconded. Motion carried 7-0.
Ord. #1110 – An Ordinance to Amend the Zoning Map of the City of Muskego (Freedom
Square Condominium Area to Include the OWP Wellhead Protection Overlay District).
Second Reading. Sanders moved for adoption. Salentine seconded. Sanders moved
to amend to add, “and the City closing on the acquisition of the Freedom Square
Condominium community well property” at the end of Section 3. Le Doux seconded;
motion carried. Ord. #1110, as amended, adopted 7-0.
Ord. #1111 – An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan
of the City of Muskego (Freedom Square Stormwater Pond Expansion – RS-2, RSA and
B-4/OPD to RS-2/OIP and B-4/OPD. Second Reading. Salentine moved for adoption.
Damaske seconded. Motion carried 7-0.
Reso. #141-2002 - Approval of Certified Survey Maps (Maciolek Limited Partnership
and MRED). On the floor, deferred 7/9/2002. Petfalski moved to amend to remove
language following the words “City Engineer” in the first BE IT FURTHER RESOLVED
paragraph. Sanders seconded; motion carried. Reso. #141-2002, as amended,
adopted 7-0.
Reso. #142-2002 - Approval of Certified Survey Maps (Maciolek Limited Partnership
and MRED). On the floor, deferred 7/9/2002. Petfalski moved to amend the reso. in the
same manner as Reso. #141-2002. Sanders seconded; motion carried. Reso. #142-
2002, as amended, adopted 7-0.
Reso. #143-2002 - Approval of Certified Survey Maps (Maciolek Limited Partnership
and MRED). On the floor, deferred 7/9/2002. Petfalski moved to amend the reso. in the
same manner as Reso. #141-2002. Sanders seconded; motion carried. Reso. #143-
2002, as amended, adopted 7-0.
NEW BUSINESS
Reso. #145-2002 - Recognition of 25 Years of Service - Linda Brown - Muskego Public
Library. Patterson moved for adoption. Damaske seconded. Motion carried 7-0.
Those present applauded Linda on her accomplishment and Mayor Slocomb presented
the resolution to her.
Reso. #146-2002 - Resolution as to Direct Legislation Petition Regarding Contracts for
Construction of Publics Works in Excess of $3,000,000. Salentine moved for adoption.
Petfalski seconded. Atty. Molter outlined the three alternatives: adopt the ordinance as
submitted, submit the ordinance to the electors, or not to do either for the various
reasons stated. Petfalski moved to amend to delete the first two options under the
NOW, THEREFORE, BE IT RESOLVED paragraph. Salentine seconded. Motion
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July 23, 2002
carried with 6 in favor and Damaske voting “no.” Reso. #146-2002, as amended,
adopted with 6 in favor and Damaske voting “no.”
Reso. #147-2002 - Approval of Certified Survey Map - Miedzybrocki. Le Doux moved
for adoption. Petfalski seconded. Motion carried 7-0.
Reso. #148-2002 - Approval of Certified Survey Map - Knickelbine. Le Doux moved for
adoption. Salentine seconded. Motion carried 7-0.
Reso. #149-2002 - Resolution to Establish Fees (Planning/Zoning). Salentine moved
for adoption. Sanders seconded. The Mayor noted that the proposed schedule
reflected a base fee and what services that fee would provide. Table 3 identified hourly
rates for services after the base fee. Petfalski stated this was primarily being done for
commercial development. Motion carried 7-0.
Reso. #150-2002 - Approval of Nondisturbance Agreement - Pleasant View
Condominiums. Le Doux moved for adoption. Sanders seconded. The Mayor stated
this is to protect the City’s interest if there is a foreclosure on the property. Motion
carried 7-0.
Reso. #151-2002 - Approval of Preliminary Plat - Quietwood East Subdivision. Le Doux
moved for adoption. Sanders seconded. Mr. Turk stated the proposal was for an
approximately 50-acre subdivision with 50 lots on Woods Road. The Plan Commission
has recommended approval. A recreational trail is proposed for Woods Road with Mr.
Turk noting the specifics will be determined as the development proceeds through the
approval process. Motion carried 7-0.
Reso. #152-2002 - Resolution to Establish Regulatory Markers Requiring Slow, No-
Wake Speed (Little Muskego Lake). Patterson moved for adoption. Damaske
seconded. Motion carried 7-0.
Reso. #153-2002 - Resolution Clarifying the Land Management Duties of the Park and
Recreation Board and Conservation Commission. Petfalski moved for adoption.
Salentine seconded. Motion carried 7-0.
Reso. #154-2002 - Approval of Agreement Between the City of Muskego and Humane
Animal Welfare Society (HAWS). Salentine moved for adoption. Le Doux seconded.
Motion carried 7-0.
Reso. #155-2002 - Establish Traffic Regulations. Patterson moved for adoption.
Damaske seconded. The resolution proposes to extend the “No Parking” area in the
vicinity of the high school. Discussion took place about the restrictions only being in
effect during school hours. Petfalski stated parking should be allowed during nonschool
hours. There was concern that the new signage be consistent with the existing “No
Parking” signs in the area. Petfalski moved to amend to reflect that the signage to
extend the “No Parking” area on Woods Road includes language consistent with
existing “No Parking” signs on Jean Drive. Le Doux seconded; motion carried.
Patterson moved to further amend to remove “during high school hours of operation” in
the BE IT FURTHER RESOLVED regarding recommendation to the County to extend
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July 23, 2002
the “No Parking” area south on Racine Avenue. He stated the County could then have
any new signage be consistent with the existing signs already on Racine Avenue.
Madden seconded; motion carried. Reso. #155, 2002, as twice amended, adopted 5-2
with Madden, Sanders, Damaske, Le Doux and Patterson voting “yes” and Salentine
and Petfalski voting “no.”
Reso. #156-2002 - Approval of Candlewood Creek Subdivision Model Home
Agreements. Salentine moved for adoption. Sanders seconded. Petfalski requested to
abstain; there were no objections. Motion carried with 6 in favor and Petfalski
abstaining.
Ord. #1112 - An Ordinance to Amend the Zoning Map of the City of Muskego (Cedar
Mill Homes/Chamberlain Hill Subdivision - RSE to RSE/COPD). First Reading.
Ord. #1113 - An Ordinance to Amend Chapter 21 of the Municipal Code of the City of
Muskego (Sewer Utility). First Reading. Mr. Turk was dismissed at 9:05 PM.
LICENSES
Petfalski moved for approval of an Operator’s License for Matthew Zupek, Melissa Bast,
Katie Retzlaff, Jonathan Heller and Ramona Grunow (Class A only). Salentine
seconded; motion carried.
Petfalski moved for approval of “Class A” Retailer’s License to Sell Liquor and Beer for
Loomis Petro Mart, Inc., Baljit Dhillon Agent. Salentine seconded; motion carried.
Petfalski moved for approval of Outside Dance permit for D. J.’s Pub & Grill for 8/3/2002
with the conditions from 7/23/2002 Finance Committee. Sanders seconded; motion
carried.
Petfalski moved for approval of Temporary Class “B” Retailer’s for Muskego Corvette
Club for 8/24/2002. Damaske seconded; motion carried.
Petfalski moved for approval of Salvage and Recycling Permit for John Glockner. Le
Doux seconded; motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$621,561.49. Sanders seconded. Motion carried 7-0. Sanders moved for approval of
payment of Utility Vouchers in the amount of $294,571.38. Le Doux seconded. Motion
carried 7-0. Petfalski moved for approval of payment of Tax Checks in the amount of
$585. Sanders seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
There was nothing to report.
COMMUNICATIONS AND MISCELLANOUS BUSINESS AS AUTHORIZED BY LAW
Discuss Possible Joint School Board/Common Council Meeting
The Mayor stated the meeting was proposed to be held on Monday, August 19 at 7:30
pm at the Educational Service Center to discuss participation in the athletic fields. A
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July 23, 2002
presentation will be made by Craig Anderson and Gary Rosploch. The August calendar
was also reviewed and the Public Utilities Committee meeting moved to Thursday,
August 15 at 7:00 pm following Teen Advisory Board at 6:30 pm.
Possible Action on School Building Permit Fees
The school administration has requested that fees be waived for the high school project.
The Building Inspection Department has reviewed what the fees would be if only direct
labor plus labor overhead (FICA, insurance) over 2 1/2 years were charged. The result
is an estimated fee of $82,091.67. In contrast, the standard building permit fees for that
type of facility would be $406,484. Salentine was concerned that the $82,000 would not
cover any additional outside help that might be needed. The Mayor said the fees could
also be based on a (monthly) time and materials basis. He noted that the City did not
bill for the middle school because it was a much smaller project with one occupancy
permit. The high school project, however, is much larger and may have as many as
seven occupancy permits because of the nature of the project. The total number of
inspection hours done over a one-year period at the middle school was 90. At the high
school, we already have 70 inspection hours. Sanders supports billing on a time and
materials basis versus using the estimate. Damaske stated he is not speaking for the
Board but believes billing on a time and materials basis would be acceptable. Sanders
moved to base fee on a time and materials basis as developed by the Building
Inspection Department. Salentine seconded; motion carried.
Discuss Referendum Date - Community Center
The Mayor stated if the Council determined that the referendum question would be on
the Nov. 5 ballot, the wording had to be finalized at the 9/10/2002 Council meeting.
Atty. Molter recommended working on the wording prior to that date. Petfalski said the
Council could continue to work through the process using that timeline but could make
the final determination regarding the election date later. Salentine disagreed and
supported definitely having on the November ballot. Patterson questioned if everything
could be accomplished by that date. He stated those that supported would need time to
organize. He asked if other things should be looked at to make the community center
more acceptable to people. Salentine stated she believes both sides are ready to go;
either people want this or they don’t. Campaigning is done just before an election
anyway. Petfalski stated it is not the Council’s role to promote one position or another.
The Mayor stated the City’s role would be to provide information only. Le Doux also
supported the issue being on the November ballot. The Clerk suggested having the
issue on the Aug. 13 Council agenda to allow as much time as possible for input, which
was agreed upon by the Council.
Discuss Quorum of the Committee of the Whole
The Mayor stated a quorum of the Committee of the Whole is five members. In the
past, four was considered a quorum. He would like an ordinance to be drafted to
officially allow a quorum to consist of four members.
Review 7/25/2002 Committee of the Whole Agenda
The Mayor stated that the Consolidated Dispatch issue would be added to the agenda
because of two meetings he would be attending on Thursday regarding that issue.
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July 23, 2002
Le Doux requested that the Quietwood Creek recreational trail issue be placed on the
next Parks & Recreation Board agenda with the Mayor confirming that the item would
be on. Petfalski requested privilege of the floor for Karen Kumm. There were no
objections. Ms. Kumm stated a neighborhood meeting regarding the issue would be
held on Wednesday, 7/24, at her home located at W157 S7380 Martin Drive. The Clerk
noted that time did not permit the required 24-hr. meeting notice to be given to the press
for a quorum of either the Council or a Committee to attend the meeting. Le Doux
stated he did plan to attend.
Petfalski announced that a meeting was held today with the Municipal Judge and others
regarding a possible Teen Court. Research will be done to pursue implementation.
Petfalski moved to convene into closed session subject 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. The Clerk-Treasurer and Deputy were dismissed.
Petfalski moved to reconvene into open session. Salentine seconded; motion carried.
ADJOURNMENT
Petfalski moved to adjourn at 10:25 PM. Salentine seconded; motion carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer