CM111202
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD NOVEMBER 12, 2002
The meeting was called to order at 8:16 pm by Mayor Slocomb. Also present were Ald.
Petfalski, Damaske, Le Doux, Madden, Patterson, Salentine, City Attorney Trindl, Clerk-
Treasurer Marenda, Plan Director Turk, Finance Director Gunderson and Deputy Clerk
Blenski. Those present recited the Pledge of Allegiance. The Clerk stated the meeting
was noticed in accordance with the open meeting law on 11/8/2002 and as amended on
11/11/2002.
APPROVAL OF MINUTES
Le Doux moved for approval of minutes of the 10/22/2002 meeting. Damaske
seconded; motion carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Slocomb read Proclamation for National GIS Day - November 20, 2002. Mr.
Turk stated a Community Vision Workshop sponsored by the Mayor’s Task Force on
Economic Development as presented by Vandewalle & Assoc. would be held on
11/21/2002 from 6:00 pm to 9:00 pm. All citizens are invited to attend. The Mayor
indicated that El Paso remains the only viable candidate to put a power plant in
Muskego or New Berlin but the company has been experiencing financial difficulties.
The Mayor also discussed the consolidated dispatch issue. The County Board voted
not to add employees to staff the project but did approve consolidated dispatch which
will be staffed with contracted employees. Regarding the high school athletic fields, Ald.
Petfalski stated that the joint exploration committee met for the third time yesterday.
Two more meetings will be held with a recommendation forthcoming in the near future.
COMMITTEE REPORTS
Le Doux moved for acceptance of the 11/6/2002 and 11/12/2002 Finance Committee
minutes. Petfalski seconded; motion carried.
Patterson moved for acceptance of the 11/4/2002 Public Services Committee minutes.
Madden seconded; motion carried.
Petfalski moved for acceptance of the 10/21/2002 Public Utilities Committee minutes.
Madden seconded; motion carried.
Le Doux moved for acceptance of the 10/22/2002 and 10/28/2002 Public Works
Committee minutes. Patterson seconded. Le Doux moved for individual consideration
of the paragraph in the 10/22/2002 minutes that contained the motion to leave the
Quietwood Creek path at 8’ asphalt. Petfalski seconded. Motion carried with 4 in favor
and Patterson and Salentine voting “no.” Motion to accept the minutes without said
paragraph carried. Le Doux moved for installation of the path as follows: a 6’ wide
concrete recreation trail per our City specs, consisting of 5” thick concrete and a stone
base of 3” thick with a DOT (Grade) AFA concrete mix consistency in the same location
to replace the proposed 8’ wide asphalt trail in the Quietwood Creek Subdivision; in
addition the stub between Lots 20 and 21 will still be 8’ wide asphalt (going toward the
school property). Petfalski seconded. Le Doux further clarified that the equipment used
to plow the trails is 5’ wide and should not create any problems with the width of the
path being 6’. Petfalski moved to amend that the Public Works Committee approve the
specifications for the 6’ wide concrete path. Le Doux seconded; motion carried.
Patterson expressed concern that this changes the City’s current 8’ wide asphalt
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November 12, 2002
standard for recreation trails. Salentine stated the specifications for the 6’ wide
concrete should be adopted by Resolution. Mr. Turk did confirm that adopting
specifications for the 6’ wide concrete does address the concerns of the attorney. The
Parks & Open Space Plan outlines where the specifications apply. A plan amendment
will be needed for this new classification. Mr. Turk stated standards change over time.
The City may find other areas where a 6’ wide concrete path is appropriate. Motion as
amended adopted with 4 in favor and Patterson and Salentine voting “no.”
Minutes of the 10/23/2002 Library Board, 11/5/2002 Plan Commission and 10/14/2002
and 10/28/2002 City of Muskego/Muskego-Norway School District Athletic Field
Exploration Committee were received and placed on file. Mr. Turk was dismissed at
8:40 pm.
OLD BUSINESS
Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 10/22/2002.
Petfalski moved to defer. Le Doux seconded; motion carried.
NEW BUSINESS
Reso. #217-2002 - Appropriating the Necessary Funds for the Operation of the
Government and Administration of the City of Muskego for the Year 2003. Damaske
moved for adoption. Le Doux seconded. Finance Director Gunderson was present to
review the minor corrections made as discussed at the public hearing. The proposed
budget reflects a property tax levy of $9,658,850, with a tax rate of $6.28 per $1,000.
Petfalski stated the increased tax rate indicates the need for economic diversity to shift
some of the tax burden away from the citizens. In addition, he encouraged the City to
explore different alternatives to control rising health care costs. Motion carried 6-0.
Reso. #218-2002 - Approval of 2003 Water Utility Budget. Petfalski moved for adoption.
Madden seconded. Finance Director Gunderson stated the budget was presented to
the Public Utilities Committee. She noted that the City’s financial advisors recommend
that the utility apply to the PSC for a full rate case. The current rates were established
in fall of 2001 following a simplified rate increase. A rate increase, if approved, could go
into effect in April. Motion carried 6-0.
Reso. #219-2002 - Approval of 2003 Sewer Utility Budget. Le Doux moved for
adoption. Petfalski seconded. Finance Director Gunderson stated the sewer budget
was also presented to the Public Utilities Committee. It reflects a 3% rate increase with
the annual charge for sewer usage on a single-family residence to be $400 in 2003.
Motion carried 6-0.
Reso. #220-2002 - Approval of 2003 Capital Budget. Le Doux moved for adoption.
Petfalski seconded. Finance Director Gunderson stated the 2003 capital budget is in
the amount of $5,997,900 and reviewed the funding sources to be used. Motion carried
6-0. The Finance Director was dismissed at 9:00 pm.
Reso. #221-2002 - Approval of Lease Agreement Between the City of Muskego and
Muskego Chamber of Commerce. Le Doux moved for adoption. Damaske seconded.
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November 12, 2002
As a member of the Chamber, Petfalski stated he would abstain. Motion carried 5 in
favor and 1 abstention.
Reso. #222-2002 - Resolution to Terminate Conditional Use Grant - Residential Use of
a Commercial Building for the Choir Practice Property. Petfalski moved for adoption.
Le Doux seconded. The Mayor stated the present occupants are concerned about the
language contained in the resolution. They have requested deferral until such time as
the County does acquire the property. The Plan Director has no objection. Le Doux
moved to defer. Damaske seconded; motion carried.
Reso. #223-2002 - Resolution to Terminate Conditional Use Grant - Repair and Painting
of Automobiles, Boat Repair and Boat Parking for the Prestige Auto Property. Le Doux
moved for adoption. Petfalski seconded. Mayor Slocomb noted this termination
was the subject of a public hearing held earlier and, as indicated, there were no
issues regarding complete termination. Petfalski moved to amend the last
paragraph to read as follows: “BE IT FURTHER RESOLVED That complete termination
of said Conditional Use Grant shall be effective immediately upon adoption of this
Resolution.” Le Doux seconded; motion carried. Reso. #223-2002, as amended
adopted 6-0. Petfalski moved for reconsideration. Patterson seconded; motion carried
6-0. Petfalski moved to amend sixth paragraph to read as follows: “NOW,
THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego,
upon consideration of the recommendation of the Plan Commission, does hereby
completely terminate Conditional Use Grant No. 111 on Prestige Auto located at S67
W14543 Janesville Road (Tax Key No. 2165.984). Le Doux seconded; motion carried.
Reso. #223-2002, as further amended, adopted 6-0.
Reso. #224-2002 - Resolution to Terminate Conditional Use Grant - Sales and Service
of Snowmobiles, Personal Watercraft and ATV’s for the Former G & G Power Sports
Property on Saturn Drive. Le Doux moved for adoption. Madden seconded. Mayor
Slocomb briefly reviewed what Mr. Turk had stated at tonight’s public hearing. G
& G Power Sports has relocated and is in support of complete termination of the
Conditional Use Grant at this location. Petfalski moved to amend the last paragraph
to read as follows: “BE IT FURTHER RESOLVED That complete termination of said
Conditional Use Grant shall be effective immediately upon adoption of this Resolution.”
Le Doux seconded; motion carried. Reso. #224-2002, as amended adopted 6-0.
Petfalski moved for reconsideration. Le Doux seconded; motion carried 6-0. Petfalski
moved to amend fifth paragraph to read as follows: “NOW, THEREFORE, BE IT
RESOLVED That the Common Council of the City of Muskego, upon consideration of
the recommendation of the Plan Commission, does hereby completely terminate the
Conditional Use Grant on the property located at S83 W18410 Saturn Drive (Tax Key
No. 2223.001). Le Doux seconded; motion carried. Reso. #224-2002, as further
amended, adopted 6-0.
Reso. #225-2002 - Resolution to Establish Traffic Regulations (Moorland Road -
Janesville to Woods - 35 mph). Patterson moved for adoption. Petfalski seconded.
Motion carried 6-0.
Reso. #238-2002 - Approval of Amendment No. 1 to Subdivider’s Agreement for
Quietwood Creek Subdivision. The Mayor noted this item was removed from tonight’s
Finance Committee agenda. Revisions need to be made by the attorney. Petfalski
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November 12, 2002
moved for adoption. Le Doux seconded. Le Doux moved to defer. Petfalski seconded;
motion carried.
Reso. #226-2002 - Resolution Adopting a Joint Powers Agreement for the 911
Emergency System. Le Doux moved for adoption. Madden seconded. Motion carried
6-0.
Reso. #227-2002 - Approval of Amendment to Personnel Code for Management and
Other Nonrepresented Employees of the City of Muskego. Petfalski moved for
adoption. Le Doux seconded. Motion carried 6-0.
Reso. #228-2002 - 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. Patterson moved for adoption. Le Doux seconded. Motion
carried 6-0.
Reso. #229-2002 - Authorize Execution of the Labor Agreement Between
Telecommunicators Unit of Local 2414 AFSCME and the City of Muskego January 1,
2002 - December 31, 2003. Patterson moved for adoption. Le Doux seconded. Motion
carried 6-0.
Reso. #230-2002 - Resolution Expressing Appreciation to David Sanders. Petfalski
moved for adoption. Salentine seconded. Patterson commented that it was a pleasure
to have worked with Dave and that he will be greatly missed. He should be
complimented for what he has done for the City. Motion carried. 6-0.
Reso. #231-2002- Recognition of Police Captain John J. Daley Upon His Retirement.
Petfalski moved for adoption. Madden seconded. Motion carried 6-0.
Reso. #232-2002 - Approval of Quit Claim Deed Between the City of Muskego and Paul
Schaumberg. Le Doux moved for adoption. Petfalski seconded. Mayor Slocomb
explained some of the history relating to this issue and asked if the deed should be
between the City and Paul and Richard Schaumberg because of a previous partnership
that has since been dissolved. City Atty. Trindl stated the issue would have to be
researched by his office. He recommended amending the resolution so the approval
would be subject to review by the City Attorney. Petfalski so moved. Damaske
seconded; motion carried. Reso. #232-2002, as amended, adopted 6-0.
Reso. #233-2002 - Denial of Preliminary Plat - Weatherwood Courts. Le Doux moved
for adoption. Petfalski seconded. Petitioner requested the denial. Motion carried 6-0.
Reso. #234-2002 - Approval of Certified Survey Map - Lewins, Town of Waterford. Le
Doux moved for adoption. Madden seconded. Motion carried 6-0.
Reso. #235-2002 - Approval of Legal Lot Status and Certified Survey Map - Bowen
Property. Le Doux moved for adoption. Petfalski seconded. Motion carried 6-0.
Reso. #236-2002 - Approval of Fire Protection Agreement with Tess Corners Volunteer
Fire Department. Patterson moved for adoption. Madden seconded. Motion carried 6-
0.
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November 12, 2002
Reso. #237-2002 - Approval of Fire Protection Agreement with Muskego Volunteer Fire
Company. Petfalski moved for adoption. Patterson seconded. Motion carried 6-0.
Reso. #239-2002 - Proceedings by the Common Council of the City of Muskego to
Discontinue and Vacate a Road Right-of-Way (Woods Road) in the City of Muskego,
Wisconsin (Introduction Only). Hearing to be held on January 14, 2003 at 7:25 pm.
Reso. #240-2002 - Determination of Nonsubstantial Change to the Approved Muskego
Centre Planned Development District. Petfalski moved for adoption. Le Doux
seconded. The Mayor explained that the change would allow a split rail fence along the
north lot line of the Muskego Centre. Petfalski stated the owner was aware that cross
access between the properties could be required in the future resulting in the fence
having to be removed. Motion carried 6-0.
Ord. #1120 - An Ordinance to Amend Chapter 16, Section 16.20, of the Municipal Code
of the City of Muskego (Sump Pump Discharge). First Reading. No further information
was requested.
LICENSES
Petfalski moved for approval of an Operator’s License for Steven Kulpa, Andree
Buelow, Mark Rausch, Jeffrey Miersch, Amanda Little and Anthony Guzman (“Class A”
only with a 3, 6, 9-mo. review). Le Doux seconded; motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$1,543,891.57. Patterson seconded. Motion carried 6-0. Petfalski moved for approval
of payment of Utility Vouchers in the amount of $626,345.89. Le Doux seconded.
Motion carried 6-0. There were no tax checks.
CITY OFFICIALS’ REPORTS
The Clerk announced the following public hearings to be held on 11/26: 7:10 pm
petition to rezone the Dixon property on Racine Avenue to remove the OLR designation;
7:15 pm creation of Chapter 41 relating to Comprehensive Planning; 7:20 pm petition to
rezone Big Muskego Estates 2 from RSE to RSE/COPD; 7:25 pm discontinuance and
vacation of road right-of-way (Beltline Freeway). She also distributed a draft agenda of
the Special Council meeting to be held on Thursday, 11/14/2002 beginning at 5:15 pm
followed by a Committee of the Whole meeting. Petfalski distributed interview
questions. The Mayor recommended starting the 11/26/2002 and 12/10/2002 Finance
Committee meetings at 6:30 pm because of the public hearings.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Petfalski encouraged the Council members to work on submitting nominations of
candidates for the Teen Advisory Board.
Patterson stated he would consider requesting that the 11/12/2002 Finance Committee
minutes be reconsidered regarding the Old Town Hall issue. Once the facility is
operational, it is anticipated to generate substantial revenue. He would like to see the
City recoup the additional $100,000 that is now being requested for the project with the
specifics to be worked out with the Historical Society.
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November 12, 2002
ADJOURNMENT
Madden moved to adjourn at 10:31 pm. Damaske seconded; motion carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer