CCM20030128
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD JANUARY 28, 2003
The meeting was called to order at 7:37 pm by Council President Petfalski. Also
present were Ald. Damaske, Le Doux, Madden, Patterson, Salentine, and Schroeder,
City Attorney Molter, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. Department
Heads Turk, Anderson and McMullen were also present for portions of the meeting.
The Clerk stated the meeting was noticed in accordance with the open meeting law on
1/24/2003. As Mayor Slocomb could not be present, Ald. Petfalski stated he would
chair the meeting as Acting Mayor. He noted that he would retain his right to vote.
APPROVAL OF MINUTES
Salentine moved for approval of 1/14/2003 minutes. Patterson seconded; motion
carried.
The Clerk-Treasurer read the notice of closed session.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Regarding the power plant, Petfalski stated the PSC draft Environmental Impact
Statement was forthcoming. Comments regarding the statement must be submitted in
writing by March 14, 2003. The Exploration Committee met on 1/27/2003 to finalize a
plan for the high school athletic field project. The School Board will review in early
February.
COMMITTEE REPORTS
Patterson moved for acceptance of the 1/22/2003 and 1/28/2003 Finance Committee
minutes. Salentine seconded; motion carried.
Madden moved for acceptance of the 1/20/2003 Public Utilities Committee minutes.
Schroeder seconded; motion carried.
Minutes of the 1/14/2003 Plan Commission, 1/13/2003 Parks & Recreation Board, and
1/15/2003 Community Development Authority were received and placed on file.
OLD BUSINESS
Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 1/14/2003.
Salentine moved to defer. Le Doux seconded; motion carried.
Ord. #1126 - An Ordinance to Amend Chapter 17 of the Municipal Code of the City of
Muskego to Create Section 8.30 (Establish HC-1 Tess Corners Historic Crossroads
District). Second Reading. Salentine moved for adoption. Le Doux seconded. Motion
carried 7-0.
Ord. #1127 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Stonebridge Subdivision - A to RS-2/OPD). Second Reading. Le Doux moved for
adoption. Madden seconded. Salentine moved to amend last paragraph to read, “This
ordinance is in full force from and after passage, publication, and approval and
execution of a final plat, a Subdivider’s Agreement and Letter of Credit for Stonebridge
Subdivision on or before January 28, 2005.” Damaske seconded; motion carried. Ord.
#1127, as amended, adopted 7-0.
Common Council Minutes Page 2
January 28, 2003
Ord. #1128 - An Ordinance to Amend the Zoning Map of the City of Muskego (Redmond
Construction/Janesville Road and Racine Avenue - RS-2/OOS to B-2). Second
Reading. Le Doux moved for adoption. Schroeder seconded. Motion carried 7-0.
Reso. #024-2003 - Resolution of Necessity (Conservation, Park and Recreational
Purposes). Salentine moved for adoption. Patterson seconded. Atty. Molter explained
this was the first step a governmental entity must take to acquire land. It does not
commit the City to purchase the property. Petfalski requested the Council make a
determination about the acquisition in a timely manner to give the property owner some
direction. Damaske stated this is putting the cart before the horse. Salentine stated
preliminary work has to be done for the City to make a determination about the
acquisition in the future. Petfalski agreed that this is typically the way the City proceeds;
the appraisal needs to be done. Patterson also expressed concern that adoption of the
resolution was sending a message and putting the acquisition on the fast track.
Salentine stated this is an opportunity for the City. Taking the preliminary steps does
not commit us; it lets the property owner know we are interested. Parks & Recreation
Director Anderson confirmed that the property owner wants to know if the City is
interested; otherwise, he will list. Motion carried 5 in favor and 2 opposed (Damaske
and Patterson).
Reso. #025-2003 - Authorizing the Hiring of an Appraiser and Relocation Expert to
Carry Out Resolution of Necessity Known as Reso. #024-2003. Salentine moved for
adoption. Madden seconded. Motion carried 6 in favor and Damaske voting “no.” Mr.
Anderson was dismissed.
Reso. #016-2003 Recognition of 25 Years of Service - Debra L. Kujawa - Muskego
Police Department/Municipal Court. Le Doux moved for adoption. Madden seconded.
Motion carried 7-0.
Reso. #017-2003 - Approval of Preliminary Plat - Stonebridge Subdivision. Le Doux
moved for adoption. Salentine seconded. Motion carried 7-0.
Reso. #018-2003 - Preliminary Resolution Declaring Intent to Levy Area-Wide Water
Capacity Assessment for Debt Service for Water Service Under §66.0703, Wisconsin
Statutes (Tenth Amended WCA District). Salentine moved for adoption. Le Doux
seconded. Motion carried 7-0.
Reso. #019-2003 - Approval of Developer’s Agreement, Cost Breakdown and Cash
Deposit Account - John Ihde/Russet Court Utility Extensions. Salentine moved for
adoption. Patterson seconded. Motion carried 7-0.
Reso. #020-2003 - Disallowance of Claim - Sochurek. Salentine moved for adoption.
Le Doux seconded. Motion carried 7-0.
Reso. #021-2003 - Authorizing Cancellation of Certain Uncollectible Accounts
Receivable (Rescue). Patterson moved for adoption. Salentine seconded. The
amount to be written off for Medicare and Medicaid is substantially higher. Motion
carried 7-0.
Common Council Minutes Page 3
January 28, 2003
Reso. #022-2003 - Third Amended and Revised Final Assessment Resolution
Authorizing Installation of Sewer Improvements and Levying Special Assessments
Against Benefited Property (North Cape Road - Ryan Road to Boxhorn Road, Project
MSS-1-99, Assessment District “SR”). Madden moved for adoption. Schroeder
seconded. Motion carried 7-0.
Reso. #023-2003 - Approval of Fee Schedule for Department of Public Works.
Salentine moved for adoption. Schroeder seconded. It was noticed that the fees were
being increased because of salaries and materials. Motion carried 7-0.
Reso. #026-2003 - Approval of Amendment to Five-Year Capital Plan. Le Doux moved
for adoption. Madden seconded. Motion carried 7-0.
Reso. #027-2003 - Acceptance of Improvements. Salentine moved for adoption. Le
Doux seconded. Motion carried 7-0.
Ord. #1129 - An Ordinance to Amend Chapter 12, Section 12.03, of the Municipal Code
of the City of Muskego (Peddlers, Canvassers and Transient Merchants). First
Reading.
Ord. #1130 - An Ordinance to Amend Chapter 17, Section 4.01, of the Municipal Code
of the City of Muskego (Establishment of Zoning Districts). First Reading.
LICENSES
Petfalski moved for approval of an Operator’s License for Todd Schultz, Susan
Yokofich, Ryan Wojczak, Adam Drake, and Robin Potter. Salentine seconded; motion
carried.
Petfalski moved for approval of Temporary “Class B” License to Sell Wine and a
Temporary Class “B” License to Sell Fermented Malt Beverages for St. Leonard
Congregation for 2/8/2003. Le Doux seconded; motion carried.
Petfalski moved for approval of Races on Ice permit and Temporary Class “B” License
to Sell Fermented Malt Beverages for Muskego Icetronauts for 2/9/2003. Le Doux
seconded; motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$652,100.62. Salentine seconded. Motion carried 7-0. Madden moved for approval of
payment of Utility Vouchers in the amount of $53,286.03. Le Doux seconded. Motion
carried 7-0. Petfalski moved for approval of Tax Checks in the amount of $8,689.83.
Salentine seconded. Motion carried 7-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
The February calendar was reviewed.
Madden moved to convene into closed session pursuant to §19.85(1)(e) Deliberating or
negotiating the purchasing of public properties, the investing of public funds, or
conducting other specified public business, whenever competitive or bargaining reasons
Common Council Minutes Page 4
January 28, 2003
require a closed session; more specifically purchase of Lindemann and Basse
properties for Martin Drive realignment. Le Doux seconded. Motion carried 7-0.
Mr. McMullen was present for closed session. The Clerk and Deputy were dismissed.
Salentine moved to reconvene into open session. Le Doux seconded; motion carried.
ADJOURNMENT
Salentine moved to adjourn at 9:20 pm. Le Doux seconded; motion carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer