CCM20030311
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD MARCH 11, 2003
The meeting was called to order at 9:06 PM by Mayor Slocomb. Also present were Ald.
Petfalski, Damaske, Le Doux, Madden, Patterson, Salentine, and Schroeder, City
Attorney Molter, Engineering/Building Inspection Director McMullen, and Deputy Clerk
Blenski. The Deputy Clerk stated the meeting was noticed in accordance with the open
meeting law on 3/7/2003.
APPROVAL OF MINUTES
Le Doux moved for approval of 2/25/2003 minutes. Damaske seconded; motion
carried.
The Deputy Clerk read the notice of closed session.
Reso. #047-2003 - Honoring City of Muskego Eagle Scout - Matthew Surprenant.
Salentine moved for adoption. Petfalski seconded. Motion carried 7-0. Mayor Slocomb
presented the resolution to Matthew, who told the Council about his project and future
plans to attend the U.S. Naval Academy.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Regarding the power plant issue, the Mayor stated the City is preparing to file its
comments this week with the PSC. Ald. Petfalski stated the Athletic Field Agreement is
in the process of being finalized and should be at the next Council meeting.
COMMITTEE REPORTS
Petfalski moved for acceptance of the 3/5/2003 and 3/11/2003 Finance Committee
minutes. Le Doux seconded; motion carried.
Patterson moved for acceptance of the 3/3/2003 Public Services Committee minutes.
Damaske seconded; motion carried.
Salentine moved for acceptance of the 2/24/2003 Public Works Committee minutes.
Schroeder seconded; motion carried.
Minutes of the 3/4/2003 Plan Commission were received and placed on file.
Petfalski 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
require a closed session; more specifically purchase of Parkland Venture LLC property
for permanent utility easement. Le Doux seconded. Motion carried 7-0. The Deputy
Clerk was not present for closed session. Following the closed session, Mr. McMullen
was dismissed.
Petfalski moved to reconvene into open session. Salentine seconded. Motion carried
7-0.
OLD BUSINESS
Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 2/25/2003. Le
Doux moved to defer. Madden seconded; motion carried.
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March 11, 2003
Reso. #042-2003 - Approval of Certified Survey Map - Payne & Dolan. On the floor,
deferred 2/25/2003. Revised map is still needed. Petfalski moved to defer. Le Doux
seconded; motion carried.
Reso. #044-2003 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit
for Chamberlain Hill Subdivision. On the floor, deferred 2/25/2003. Motion carried 7-0.
Reso. #045-2003 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit
for The Settlement on Woods Road Subdivision. On the floor, deferred 2/25/2003.
Discussion took place regarding sight draw language in the Letter of Credit. The City
has experienced problems in the past dealing with M & I Bank. Atty. Molter stated
banks are allowed three business days to act on a Letter of Credit. He encouraged the
City to meet with officials from M & I to resolve the problems experienced in the past.
The City is the beneficiary of the Letter of Credit and cannot choose the financial
institution the developer uses. Atty. Molter had a copy of the Letter of Credit and
indicated he approved the format and that it contained sight draw language. Motion
carried 6 in favor and Patterson voting “no.”
Ord. #1134 - An Ordinance to Amend Chapter 41, Section 41.06 (1), of the Municipal
Code of the City of Muskego (Detailed Components of Comprehensive Plan - 2003 -
2007 Park and Open Space Plan). Second Reading. Le Doux moved for adoption.
Madden seconded. By adoption of the ordinance, the 2003 - 2007 Park and Open
Space Plan will be adopted. The ordinance at first reading indicated Section 41.06 (9)
would be added. However, Section 41.06 (1) refers to the Park and Open Space Plan
and that is the section that should be amended. Petfalski moved to amend. Le Doux
seconded; motion carried. Ord. #1134, as amended, adopted 7-0.
Ord. #1135 - An Ordinance to Amend Chapter 21, Section 21.05 (6) (c) of the Municipal
Code of the City of Muskego (Sewer Utility - Rules and Regulations - Users). Second
Reading. Le Doux moved for adoption. Damaske seconded. Motion carried 7-0.
Reso. #048-2003 - Approval of Certified Survey Map, Developer’s Agreement and Cash
Deposit - Wernette. Le Doux moved for adoption. Petfalski seconded. Petfalski
requested developer make potential buyers aware of the recreation trail to be installed.
Motion carried 7-0.
Reso. #049-2003 - Establish Traffic Regulations. Patterson moved for adoption.
Schroeder seconded. Motion carried 7-0.
Reso. #050-2003 - Resolution to Amend Charge Back Policy in Accordance with
Section 3.085 (1) b. Salentine moved for adoption. Patterson seconded. Motion
carried 7-0.
Reso. #051-2003 - Siting Resolution for Proposed Expansion of Metro Recycling and
Disposal Facility (Waste Management of Wisconsin, Inc.). Petfalski moved for adoption.
Schroeder seconded. The Mayor stated the notification received last year for a
proposed expansion has been withdrawn. Waste Management has now submitted
notification proposing a new expansion of the Metro Recycling Facility. This expansion
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March 11, 2003
proposal is larger in scope than what was previously submitted. As part of the siting
resolution, the Mayor would be appointed to the local committee. Motion carried 7-0.
Reso. #052-2003 - Determination of Nonsubstantial Change to the Approved Sarah
Estates Planned Development District. Le Doux moved for adoption. Madden
seconded. The Mayor explained that the petition for the change relates to a specific
property in the subdivision that would not meet the open space requirement if a
driveway and sidewalk were installed. Determinations of this nature will be done on a
per lot basis. Motion carried 7-0.
Reso. #053-2003 - Award of Bid - Janesville Road Water Main Project (MW-32-02). Le
Doux moved for adoption. Madden seconded. Petfalski moved to correct the resolution
number from “2002” to “2003.” Le Doux seconded; motion carried. Reso. #053-2003,
as amended, adopted 7-0.
Reso. #054-2003 - Offer to Purchase - Jane and Adolph Lindemann. Damaske moved
for adoption. Petfalski seconded. The Mayor stated the offer was for the Martin Drive
intersection realignment. Atty. Molter stated the dates on lines 24 and 44 have been
filled in but should be left blank. Salentine moved to amend the offer accordingly. Le
Doux seconded; motion carried. Schroeder requested to abstain because he knows the
family through church. There were no objections. Reso. #054-2003, as amended,
adopted 6 in favor and Schroeder abstaining.
Reso. #055-2003 - Agreement with Waukesha County for Sharing Photogrammetic
Data. Salentine moved for adoption. Madden seconded. Motion carried 7-0.
The following Ordinance had first reading:
Ord. #1136 - An Ordinance to Impose a Moratorium on Certain Parcels Located in a
Potential OWP Well Head Protection Overlay Zoning District in the City of Muskego
(Moorland and Janesville).
LICENSES
Petfalski moved for approval of an Operator’s License for Lori Baker, Pamela Boelk,
Kristin Brockway, and Brooke Conley. Salentine seconded; motion carried. Petfalski
moved for approval of a “Class A” Retailers’ License for the Sale of Liquor and
Fermented Malt Beverages for Muskego Oil LLC (Inderjeet Dhillon, agent). Le Doux
seconded; motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$695,730.71. Le Doux seconded. Motion carried 7-0. Madden moved for approval of
payment of Utility Vouchers in the amount of $303,306.49. Le Doux seconded. Motion
carried 7-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Petfalski stated that the Parks & Recreation Board reviewed the 2003 agreements with
the Water Bugs Ski Team on Monday. His concern in the past was accessibility of the
public beach during the time the Water Bugs were using the area. That issue was
addressed last year. The minutes reflect that the Council had an issue with the number
of dates last year, which was not the case. Petfalski requested Mr. Anderson be
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March 11, 2003
contacted if any Council member did have an issue with the number of days in the
proposed agreement. A reminder was given for the 6:00 PM Joint Plan
Commission/Committee of the Whole meeting scheduled for 3/13, with the regular
meeting to follow. The Mayor stated he and Assessor Mecha met with Mr. Erdmann
regarding lake fees.
ADJOURNMENT
Petfalski moved to adjourn at 10:44 pm. Madden seconded; motion carried.
Respectfully submitted,
Jill Blenski, CMC
Deputy Clerk