CM112602
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD NOVEMBER 26, 2002
The meeting was called to order at 8:04 pm by Mayor Slocomb. Also present were Ald.
Petfalski, Damaske, Le Doux, Madden, Patterson, Schroeder, City Attorney Molter,
Clerk-Treasurer Marenda, Finance Director Gunderson and Deputy Clerk Blenski. Ald.
Salentine was absent. Those present recited the Pledge of Allegiance. The Clerk
stated the meeting was noticed in accordance with the open meeting law on
11/22/2002.
APPROVAL OF MINUTES
Petfalski moved for approval of minutes of the 11/12/2002 and 11/14/2002 meetings.
Madden seconded. Petfalski moved to correct minutes of 11/12/2002 regarding
Resolutions #223-2002 and #224-2002 to clarify the termination of the conditional use
grants. Damaske seconded; motion carried. Motion to approve minutes carried.
The Mayor stated that the Council would not reconvene into closed session.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Slocomb distributed the amended committee appointments. Correspondence
continues to be received regarding El Paso. The company’s submittal to the PSC will
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be reviewed by the City’s consultant, BT. There was nothing new to report regarding
the high school athletic fields.
NEW BUSINESS
Reso. #249-2002 - A Resolution Authorizing the Issuance and Sale of $1,850,000
General Obligation Promissory Notes, Series 2002. Le Doux moved for adoption.
Patterson seconded. Mr. Dave Anderson of Ehlers was present to report that the City
received five bids with the best bid submitted by Robert W. Baird & Co. with a TIC of
3.5696%. He noted that the interest rate was substantially lower than originally
estimated resulting in a savings to the City of approximately $65,000. Motion carried 6-
0. Mr. Anderson and Finance Director Gunderson were dismissed.
COMMITTEE REPORTS
Patterson requested reconsideration of acceptance of the 11/12/2002 Finance
Committee minutes. Schroeder seconded. Motion to reconsider defeated with Madden,
Schroeder and Patterson voting “yes” and Petfalski, Damaske and Le Doux voting “no”
and the Mayor voting “no” to break the tie.
Le Doux moved for acceptance of the 11/20/2002 Finance Committee minutes.
Petfalski seconded; motion carried.
Petfalski moved for acceptance of the 11/18/2002 Public Utilities Committee minutes.
Madden seconded; motion carried.
Le Doux moved for acceptance of the 11/18/2002 and 11/26/2002 Public Works
Committee minutes. Patterson seconded; motion carried.
Minutes of the 11/19/2002 Plan Commission, 11/13/2002 Community Development
Authority and 11/11/2002 City of Muskego/Muskego-Norway School District Athletic
Field Exploration Committee were received and placed on file.
Common Council Minutes Page 2
November 26, 2002
OLD BUSINESS
Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 11/12/2002.
Petfalski moved to defer. Le Doux seconded; motion carried.
Reso. #197-2002 - Proceedings by the Common Council of the City of Muskego to
Discontinue and Vacate a Road Right-of-Way in the City of Muskego, Wisconsin
(Beltline Freeway). Introduced 10/8/2002. Patterson moved for adoption. Le Doux
seconded. Motion carried 6-0.
Reso. #238-2002 - Approval of Amendment No. 1 to Subdivider’s Agreement for
Quietwood Creek Subdivision. On the floor, deferred 11/12/2002. The Mayor stated
that Atty. Feeley was preparing the amendments to the agreement. Petfalski moved to
defer. Le Doux seconded; motion carried.
Ord. #1120 - An Ordinance to Amend Chapter 16, Section 16.20, of the Municipal Code
of the City of Muskego (Sump Pump Discharge). Second Reading. Le Doux moved for
adoption. Petfalski seconded. Motion carried 6-0.
NEW BUSINESS (cont.)
Reso. #241-2002 - Preliminary Resolution Declaring Intent to Exercise Special
Assessment Police Powers Under §66.0703 WI Statutes as to Water Improvement
Assessment Area for Janesville Road-Golden Country to College Water Project (Project
MW-32-02, Assessment District “WV”). Le Doux moved for adoption. Patterson
seconded. Motion carried 6-0.
Reso. #242-2002 - Approval of Preliminary Plat - Big Muskego Estates Addition II. Le
Doux moved for adoption. Madden seconded. Petfalski requested to abstain; there
were no objections. Motion carried with 5 in favor and Petfalski abstaining.
Reso. #243-2002 - Resolution Adopting a Joint Powers Agreement for the 911
Emergency System with Waukesha County. Le Doux moved for adoption. Schroeder
seconded. Motion carried 6-0.
Reso. #244-2002 - Determination of Nonsubstantial Change to the Approved Reserve
at Champions Village Planned Development District. Le Doux moved for adoption.
Madden seconded. Motion carried 6-0.
Reso. #245-2002 - Determination of Nonsubstantial Change to the Approved
Dreamland Planned Development District (Kohls Department Store). Le Doux moved
for adoption. Madden seconded. Motion carried 6-0.
Reso. #246-2002 - Resolution Authorizing the Mayor to Approve Vouchers. Petfalski
moved for adoption. Le Doux seconded. Motion carried 6-0.
Reso. #247-2002 - Nomination of Election Officials by the Mayor of the City of Muskego.
Patterson moved for adoption. Schroeder seconded. Motion carried 6-0. Clerk-
Treasurer Marenda thanked all of the individuals who agreed to work as election
officials during the next two-year term.
Common Council Minutes Page 3
November 26, 2002
Reso. #248-2002 - Authorize Execution of Health Insurance Contract for 2003. Le Doux
moved for adoption. Petfalski seconded. Motion carried 6-0.
Reso. #250-2002 - Approval of Cellular Service Agreement with U.S. Cellular. Le Doux
moved for adoption. Petfalski seconded. Motion carried 6-0.
Reso. #251-2002 - Proceedings by the Common Council of the City of Muskego to
Discontinue and Vacate a Road Right-of-Way (Parker Road) in the City of Muskego,
Wisconsin (Introduction Only). Hearing to be held on January 14, 2003 at 7:15 pm.
Reso. #252-2002 - Relocation Order of the City of Muskego, Waukesha County,
Wisconsin (Freedom Square/Water/Improvements). Le Doux moved for adoption.
Madden seconded. Motion carried 6-0.
Reso. #253-2002 - Authorizing the Hiring of an Appraiser and Relocation Expert to
Carry Out Relocation Order Known As Resolution #252-2002 (Freedom
Square/Water/Improvements). Le Doux moved for adoption. Madden seconded.
Motion carried 6-0.
Ord. #1121 - An Ordinance to Amend Chapter 4, Section 4.01 of the Municipal Code of
the City of Muskego (Police and Fire Commission). First Reading. Mayor Slocomb
stated the proposed ordinance would allow an elected official to be appointed to the
Police & Fire Commission. Atty. Molter stated this would be a policy decision for the
City to make. The idea has been that not allowing an elected official to serve on the
Commission keeps politics out of it. Petfalski disagreed with that philosophy. Some
communities have attempted to have an elected official serve on the Police & Fire
Commission. He does not advocate that but supports the ordinance, which would not
preclude a member of the Police & Fire Commission from running for office. The voters
will determine if the person should be elected. We need to expand the pool of available
candidates to serve in office. He requested information from cities within Waukesha
and Milwaukee counties regarding this issue. Petfalski also noted that the Chairman of
the Police and Fire Commission would like to address the Council at the next meeting
regarding this issue.
Ord. #1122 An Ordinance to Amend the Zoning Map of the City of Muskego (Dixon
Property - RS-2/OLR to RS-2). First Reading.
Ord. #1123 - An Ordinance to Create Chapter 41 of the City of Muskego Municipal
Code - Comprehensive Plan. First Reading.
Ord. #1124 - An Ordinance to Amend the Zoning Map of the City of Muskego (Big
Muskego Estates Addition II - RSE to RSE/COPD). First Reading.
LICENSES
Petfalski moved for approval of an Operator’s License for Keith Allen, Rachelle Rudolf,
Melissa Betz and Rachel Green. Schroeder seconded; motion carried.
It was clarified that Vira Pires appeared before the Finance Committee on 11/20/2002
regarding an application she submitted for a liquor license. Petfalski moved for
approval of “Class B” Retailers’ License for the Sale of Fermented Malt Beverages and
Common Council Minutes Page 4
November 26, 2002
Intoxicating Liquors for Vira Pires to operate at S76 W17957 Janesville Road (formerly
Fill Ups). Madden seconded; motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$1,394,930.53. Madden seconded. Motion carried 6-0. Madden moved for approval of
payment of Utility Vouchers in the amount of $116,788.65. Le Doux seconded. Motion
carried 6-0. There were no tax checks.
CITY OFFICIALS’ REPORTS
The Clerk announced public hearings to be held on 12/10 to consider the following:
7:10 pm - Moorland Design District and amendment to Chapter 41; 7:15 pm - Tess
Corners Design District and amendment to Chapter 41; 7:20 pm - creation of HC-1
zoning district; 7:25 pm - petition to rezone to HC-1. A draft of the December calendar
was reviewed.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Petfalski reminded Council members that there are three openings on the Teen
Advisory Board. The Board asked if it could have a representative participate in the
interview process. There were no objections. The interviews and appointments are
scheduled to take place at the 12/12/02 Committee of the Whole meeting.
ADJOURNMENT
Le Doux moved to adjourn at 9:09 pm. Madden seconded; motion carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer