CM121002
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD DECEMBER 10, 2002
The meeting was called to order at 7:39 pm by Mayor Slocomb. Also present were Ald.
Petfalski, Damaske, Le Doux, Madden, Patterson, Salentine, and Schroeder, City
Attorney Molter, Clerk-Treasurer Marenda, 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 12/6/2002.
APPROVAL OF MINUTES
Le Doux moved for approval of minutes of the 11/26/2002. Damaske seconded; motion
carried.
The Mayor stated that the Council would not convene into closed session.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
El Paso continues to work through the approval process with the PSC. Regarding the
high school athletic fields, Petfalski stated that City and School staff are working on the
percentage of use. The Exploration Committee will finalize its recommendation at the
12/16/2002 meeting.
PERSONAL APPEARANCES
Mr. Gene Kramer appeared before the Council to display the Solid Waste Assn. of
North America Landfill Excellence Award received by the Superior Emerald Park
Landfill.
COMMITTEE REPORTS
Salentine moved for acceptance of the 12/4/2002 and 12/10/2002 Finance Committee
minutes. Patterson seconded; motion carried.
Patterson moved for acceptance of the 12/2/2002 Public Services Committee minutes.
Madden seconded; motion carried.
Minutes of the 12/3/2002 Plan Commission, 11/11/2002 Parks & Recreation Board and
12/2/2002 City of Muskego/Muskego-Norway School District Athletic Field Exploration
Committee were received and placed on file.
OLD BUSINESS
Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 11/26/2002.
Petfalski moved to defer. Salentine seconded; motion carried.
Reso. #238-2002 - Approval of Amendment No. 1 to Subdivider’s Agreement for
Quietwood Creek Subdivision. On the floor, deferred 11/26/2002. Salentine moved to
amend pursuant to revised documentation received by Atty. Feeley. Damaske
seconded; motion carried. Reso. #238-2002, as amended, adopted 7-0.
Ord. #1121 - An Ordinance to Amend Chapter 4, Section 4.01 of the Municipal Code of
the City of Muskego (Police and Fire Commission). Second Reading. Petfalski moved
for adoption. Salentine seconded. Petfalski stated his reasons for supporting the
ordinance. He believes there is not conflict with a member of the Police & Fire
Commission being allowed to serve as an elected official. The voters will make the
determination if the individual should be elected. This does not take any protection
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December 10, 2002
away from the people. Petfalski requested privilege of the floor for Michael Kuwitzky,
President of the Police & Fire Commission, to address the Council. There was no
objection. Mr. Kuwitzky outlined his rationale for support of the ordinance. He would
not allow politics to enter into any decision he makes as a member of the Police & Fire
Commission. Why penalize people by not allowing them to run for public office because
they serve as Commissioners? He also noted that Police Chief Johnson did not have
any objections to the proposed change. Patterson stated the decision to be made by
the Council would not only affect any present situation but the future. The premise to
not allow an individual to serve in both roles was to keep the Commission a nonpolitical
entity and Atty. Claire Silverman of the League supports this position. Petfalski said
politics are involved because the appointments are made by the Mayor. Schroeder
gave his input from the perspective of a Franklin police officer. The Commissioners
have a dual role not only to protect the citizenry but also the police officers and fire
fighters. The current ordinance is an added benefit and safeguard for the City of
Muskego. He supports the existing language. Regarding the ordinance being proposed
to add to the pool of potential candidates, Le Doux stated as the City expands, there will
be more people who want to run for office. There was some disagreement with that
position. Atty. Molter stated there is no legal requirement to keep the existing language;
this is a policy decision of the City. Ord. 1121, defeated 5-2 with Damaske, Le Doux,
Patterson, Salentine, and Schroeder voting “no” and Petfalski and Madden voting “yes.”
Ord. #1122 - An Ordinance to Amend the Zoning Map of the City of Muskego (Dixon
Property - RS-2/OLR to RS-2). Second Reading. Salentine moved for adoption. Le
Doux seconded. Motion carried 7-0.
Ord. #1123 - An Ordinance to Create Chapter 41 of the City of Muskego Municipal
Code - Comprehensive Plan. Second Reading. Le Doux moved for adoption.
Schroeder seconded. Salentine expressed concern that with adoption of this ordinance,
the City’s various guides will become law. That was not the intent of the guides. There
will not be any leeway. Atty. Molter outlined some questions and concerns: 1) Are the
design guides required as part of the Smart Growth statute to be part of the
Comprehensive Plan? 2) How can changes to the design guides be accomplished?
Language would be necessary in this ordinance, or in the design guides themselves to
allow revisions. 3) Are the guides written in concrete? Even if adopted by ordinance,
you want to have language that allows flexibility. Mr. Turk’s input will be needed.
Petfalski moved to defer. Salentine seconded; motion carried.
Ord. #1124 - An Ordinance to Amend the Zoning Map of the City of Muskego (Big
Muskego Estates Addition II - RSE to RSE/COPD). Second Reading. Le Doux moved
for adoption. Salentine seconded. Motion carried 7-0.
NEW BUSINESS
Reso. #254-2002 - Resolution Clarifying Ordinance #1043 Existing Legal Lot Status.
Petfalski moved for adoption. Schroeder seconded. Motion carried 7-0.
Reso. #255-2002 - Approval of Legal Lot Status and Certified Survey Map - Lapp. Le
Doux moved for adoption. Damaske seconded. Motion carried 7-0.
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December 10, 2002
Reso. #256-2002 - Approval of Certified Survey Map - Wachowiak. Le Doux moved for
adoption. Salentine seconded. Motion carried 7-0.
Reso. #257-2002 - Approval of Carriers for City’s Insurance for 2003. Petfalski moved
for adoption. Salentine seconded. Motion carried 7-0.
Reso. #258-2002 - Approve New and Revised Positions. Salentine moved for adoption.
Petfalski seconded. Motion carried 7-0.
Reso. #259-2002 - Approval of Agreement for Ambulance Services with the Tess
Corners Volunteer Fire Department. Patterson moved for adoption. Le Doux
seconded. Motion carried 7-0.
Reso. #260-2002 - Approval of Dental Insurance Contract for 2003. Petfalski moved for
adoption. Patterson seconded. Motion carried 7-0.
Reso. #261-2002 - Approval of Cleaning Service Contract for 2003. Petfalski moved for
adoption. Patterson seconded. Motion carried 7-0.
Reso. #262-2002 - Resolution to Establish Fees for Rescue Service ($290 for residents
and $410 for nonresidents plus mileage and supplies). Patterson moved for adoption.
Salentine seconded. Motion carried 7-0.
Reso. #263-2002 - Resolution Establishing Salaries. Petfalski moved for adoption.
Patterson seconded. Motion carried 7-0.
Reso. #264-2002 - Approval of Salary Increase for Nonrepresented Employees of the
City of Muskego. Salentine moved for adoption. Patterson seconded. Motion carried
7-0.
Reso. #265-2002 - Approval of Revised Pay Grade (Public Works Superintendent).
Salentine moved for adoption. Patterson seconded. Motion carried 7-0.
Reso. #266-2002 - Creation of Committee - Mayor’s Task Force on Economic
Development. Le Doux moved for adoption. Damaske seconded. Petfalski stated
there are qualified business people located within the City who do not reside here but
could be an asset to the Committee. The citizen requirement is limiting. Petfalski
moved to amend to remove “who are citizens of the City” in the NOW, THEREFORE,
BE IT RESOLVED. Motion died for lack of a second. Salentine disagreed. Le Doux
stated there are enough citizens to serve without including nonresidents. Schroeder
moved to amend that three (3) of the nonaldermanic members must be citizens.
Petfalski seconded. This could allow nonresidents to serve if there were more than five
members on the Committee. Patterson suggested a total of seven members be
required. The Mayor responded he prefers the flexibility; locating individuals to serve
can be difficult. Petfalski called for the question on the amendment. There was no
objection. Motion carried. Patterson moved to establish fixed terms for the
appointments. Motion died for lack of second. Reso. #266-2002, as amended, adopted
7-0.
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December 10, 2002
Reso. #267-2002 - Approval of Amendment to Flexible Benefits Plan. Salentine moved
for adoption. Petfalski seconded. Motion carried 7-0.
Reso. #268-2002 - Intent to Accept Improvements to Qualify for General Transportation
Aids. Petfalski moved for adoption. Salentine seconded. Motion carried 7-0.
LICENSES
Petfalski moved for approval of an Operator’s License for Jeffrey Schnitzler. Salentine
seconded; motion carried. Petfalski moved for approval of an Operator’s License for
Brian Ward subject to a 3, 6, 9 and 12-mo. review. Salentine seconded; motion carried.
Petfalski moved for approval of “Class B” Retailers’ License for the Sale of Fermented
Malt Beverages and Intoxicating Liquors for Bushy’s Pub & Grill LLC. Patterson
seconded; motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$847,390.71. Salentine seconded. Motion carried 7-0. Madden moved for approval of
payment of Utility Vouchers in the amount of $375,879.86. Petfalski seconded. Motion
carried 7-0. Petfalski moved for approval of Tax Checks in the amount of $1,754.60.
Salentine seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
The Clerk announced public hearings to be held on 1/14/2003 to consider the following:
7:15 pm - Vacation of Road Right-of-Way for Parker Road; 7:20 pm - Petition of
Harmony Homes to Rezone Property to RS-2/OPD for Stonebridge Subdivision; 7:25
pm - Vacation of Road Right-of-Way for Woods Road; 7:30 pm - Petition of Redmond
Construction to Rezone Property to B-2. A reminder that the Committee of the Whole
meeting was scheduled for 12/12/2002.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Petfalski discussed the applications received for the Teen Advisory Board. A draft of
the January calendar was provided. The Mayor requested more detail be included in
the public hearing notices and Council agenda to better identify the property
owner/location.
ADJOURNMENT
Le Doux moved to adjourn at 9:46 pm. Madden seconded; motion carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer