CCM20030325
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD MARCH 25, 2003
The meeting was called to order at 7:45 PM by Mayor Slocomb. Also present were Ald.
Damaske, Le Doux, Madden, Patterson, Salentine, Schroeder, and Petfalski arriving at
8:13 PM, City Attorney Molter, Plan Director Turk, Clerk-Treasurer Marenda, and
Deputy Clerk Blenski. The Clerk stated the meeting was noticed in accordance with the
open meeting law on 3/21/2003 and as amended on 3/24/2003. Those present recited
the Pledge of Allegiance.
APPROVAL OF MINUTES
Le Doux moved for approval of 3/11/2003 minutes. Patterson seconded; motion
carried.
The Clerk read the notice of closed session.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor proclaimed April as Child Abuse and Neglect Prevention Month.
Regarding the power plant issue, the Mayor stated the City has filed its comments with
the PSC regarding the draft EIS. Testimony at the hearings to be held in May will be
crucial. Atty. Molter stated the Athletic Field Agreement is close to being finalized. A
sweep for signs located in a right-of-way or vision corner will be done shortly.
Waukesha County may also do.
OLD BUSINESS
Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 3/11/2003.
Damaske moved to defer. Patterson seconded; motion carried.
Reso. #239-2002 - 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
(Woods Road). Introduced 11/12/2002. On the floor, deferred 1/14/2003. The Mayor
stated one letter of objection was received. SEWRPC has been requested to do a
wetland delineation, which will not be done for several months. Schroeder moved to
defer for six months, or until such time as the wetland delineation is completed. Le
Doux seconded; motion carried.
Reso. #042-2003 - Approval of Certified Survey Map - Payne & Dolan. On the floor,
deferred 3/11/2003. Le Doux moved to defer. Schroeder seconded; motion carried.
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). Second Reading. Le Doux moved for adoption. Salentine
seconded. Motion carried 6-0.
NEW BUSINESS
Reso. #056-2003 - Final Resolution Authorizing Area Wide Water Capacity Assessment
for Water Services Under Wisconsin Statute 66.0703 and Levying Water Capacity
Special Assessments Against Benefited Property (WCA) (Eighth Amended WCA
District). Le Doux moved for adoption. Schroeder seconded. Motion carried 6-0.
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March 25, 2003
Reso. #057-2003 - Final Resolution Authorizing Area Wide Water Capacity Assessment
for Water Services Under Wisconsin Statute 66.0703 and Levying Water Capacity
Special Assessments Against Benefited Property (WCA) (Tenth Amended WCA
District). Salentine moved for adoption. Le Doux seconded. Motion carried 6-0.
Reso. #058-2003 - Lease Agreement with U.S. Cellular - Police Department Tower Site.
Salentine moved for adoption. Madden seconded. The Clerk noted a revised Page 4
was received. Motion carried 6-0.
Reso. #059-2003 - Disallowance of Claim - Carmello Caputa. Salentine moved for
adoption. Madden seconded. Motion carried 6-0.
Reso. #060-2003 - Third Amended Relocation Order of the City of Muskego, Waukesha
County, Wisconsin (Martin Drive). Damaske moved for adoption. Le Doux seconded.
Motion carried 6-0.
Reso. #061-2003 - Resolution to Support Creation of Wisconsin Municipalities Health
Care Trust and to Consider Membership. Salentine moved for adoption. Patterson
seconded. The Mayor stated the City would continue to research this concept to
address increasing health insurance costs. Motion carried 6-0.
Reso. #062-2003 - Resolution of the City of Muskego Common Council Prohibiting New
Construction in the Redevelopment District No. 1 Project Area Unless First Approved by
the Common Council. Le Doux moved for adoption. Madden seconded. Mr. Turk
stated this is the final step in the creation of the first redevelopment district and required
by statute. The next step is for the CDA to meet and proceed with the issuance of
revenue bonds to the City for completion of the TID #9 improvements. This resolution
will require Council approval prior to the issuance of a building permit for anything within
the redevelopment district. The purpose is to ensure that proposed development within
the district is in line with the redevelopment plan. Motion carried 6-0.
Reso. #063-2003 - Resolution of the City of Muskego Common Council Finding and
Declaring that the Redevelopment District No. 2 Project Area is a Blighted Area and that
Specified Parcels within the Project Area are Blighted. Salentine moved for adoption.
Patterson seconded. Mr. Turk stated Planning staff has provided detailed information
about the conditions of the proposed redevelopment district, which is generally the
Janesville Road corridor from Pioneer Drive to Bay Lane. There are about 30 specific
properties identified as blighted in the district. Mr. Turk noted that the CDA does not
intend to take action on all of those but for any redevelopment to occur in the future, a
declaration of blight is necessary. Patterson asked if that could have a negative impact
on the value of those properties. Mr. Turk stated the opposite was actually true; just
declaring a property blighted does not reduce the property value. Motion carried 6-0.
Reso. #064-2003 - Resolution Authorizing the Community Development Authority to
Proceed with the Issuance of Not to Exceed $2,000,000 Community Development
Lease Revenue Bonds. Salentine moved for adoption. Le Doux seconded. Mr. Turk
stated this resolution enables the CDA to borrow funds. It does not commit the City to a
borrowing. The Council will have the final approval regarding the issuance of the
bonds. Motion carried 6-0. Ald. Petfalski arrived.
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March 25, 2003
Reso. #065-2003 - Approval of Continuation of Police Liaison Officer Program.
Patterson moved for adoption. Le Doux seconded. Motion carried 7-0.
Reso. #066-2003 - Appointment to Future Parkland Standing Committee (Harvey
Schweitzer). Madden moved for adoption. Le Doux seconded. Mayor Slocomb stated
he needed to confirm the appointment with Mr. Schweitzer. Motion carried 7-0.
Reso. #067-2003 - Establishing Traffic Regulations. Patterson moved for adoption.
Damaske seconded. Motion carried 7-0.
Reso. #068-2003 - Resolution of Concern - Muskego Energy Center. Petfalski moved
for adoption. Le Doux seconded. Petfalski stated there are many issues and concerns
regarding the proposed power plant. The State is the controlling entity but he supports
the City providing comments to the State about it. This resolution lists most of the City’s
comments as submitted to the PSC regarding the draft Environmental Impact
Statement. Many people have safety, financial, and environmental concerns regarding
the proposed plant. Petfalski encourages the PSC to investigate and act on all of these
issues. If approval is given, he would like it to be conditional and require submittal of a
Building, Site and Operational Plan to the City. Property values are also a great
concern to the people in the immediate area. Patterson stated there is another
proposed resolution that the Council will act on later. He would like the City to send one
strong message that would combine all the views of the Council. Patterson moved to
amend to include third Whereas from Reso. #070 which states, “WHEREAS, The
Village of Big Bend on September 5, 2002 and the Town of Vernon on March 6, 2003
have already passed their own resolutions opposing the construction of El Paso’s power
plant in Muskego.” Motion died for lack of second. Petfalski moved to amend to add
the second Whereas from Reso. #070 which states, “WHEREAS, The City of Muskego
has an approved Conservation Plan which identifies the northern power plant site as a
‘View Shed’ and candidate for maintaining green space and the southern power plant
site is located at a gateway creating a first impression of Muskego.” Patterson
seconded; motion carried. Damaske stated he did not object to his resolution being
reviewed and portions incorporated into this resolution. However, he believes the most
important statement in Reso. #070 is that the Council “stands in opposition to the
construction of Muskego Energy Center.” Petfalski moved to amend to replace
“objection to the siting of the gas turbine ‘peaking’ power plant within the City of
Muskego in the NOW, THEREFORE, BE IT RESOLVED with language from Reso.
#070, “stands in opposition to the construction of the Muskego Energy Center by El
Paso Corporation on the Payne and Dolan property west of Crowbar and north of
Janesville Road.” Damaske seconded; motion carried. Patterson suggested adding
language regarding El Paso’s financial stability and the source of that information.
Damasked stated the sources were articles in Reuters (Feb. 18, 2003) and Forbes
(March 6, 2003). Patterson moved to amend to include “WHEREAS, El Paso
Corporation’s financial stability and future is in question as reported in the news articles
in Reuters (Feb. 18, 2003) and Forbes (March 6, 2003).” Damaske seconded.
Discussion took place with some Council members being concerned about including
this statement. Petfalski stated he contacted people in five (out of the seven) homes on
Crowbar closest to the proposed plant to discuss the content of both resolutions. The
people wanted the resolution to reflect what the City has control over; he objects to any
further modifications to this resolution. Le Doux stated the PSC has this type of
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March 25, 2003
information; it does not need to be included in the resolution. Petfalski requested that
the minutes be forwarded to the PSC with any resolution that is passed, which will
include the concerns that need to be investigated. The Clerk stated motion to amend
refers to El Paso; however, the resolution being considered deals with Muskego Energy
Center LLC. In light of this, Patterson withdrew his motion. Damaske agreed.
Reso. #068,2003, as twice amended, adopted 7-0.
Reso. #069-2003 - Opposing the Transfer of Assessing Manufacturing Property to Local
Government. Petfalski moved for adoption. Le Doux seconded. The Mayor stated the
Governor has proposed the transfer of assessing manufacturing property to local
assessors as part of his budget bill; this will create an added burden for municipalities.
The resolution states opposition to this proposal. Motion carried 7-0.
Reso. #070-2003 - Resolution of Opposition - Muskego Energy Center. Damaske
moved for adoption. Patterson seconded. Damaske moved to table as Reso. #068 was
amended and adopted. Patterson seconded. Motion carried 5 in favor and Schroeder
and Petfalski voting “no.” Mr. Turk was dismissed.
COMMITTEE REPORTS
Salentine moved for acceptance of the 3/19/2003 and 3/25/2003 Finance Committee
minutes. Petfalski seconded. Regarding the first responder program for Muskego Vol.
Fire Company, Le Doux stated he would like the Committee of the Whole (or Council) to
review spending funds for training, not just the Finance Committee. The training could
be provided by Tess Corners at no cost to the City. The Mayor noted the Council has to
accept the Finance Committee minutes; the issue could be discussed by the Council
when the item appears in the committee’s minutes in the future. Motion to accept
minutes carried.
Le Doux moved for acceptance of the 3/18/2003 and 3/25/2003 Public Utilities
Committee minutes. Petfalski seconded; motion carried.
Minutes of the 3/10/2003 Parks & Recreation Board, 2/26/2003 Library Board,
3/12/2003 Community Development Authority and 2/20/2003 Teen Advisory Board were
received and placed on file.
LICENSES
Petfalski moved for approval of an Operator’s License for Cathy Safarik, Brooke Feest,
Scott Hart, Crystal Person, Lisa Rupp and Nicholas Schmidt. Le Doux seconded;
motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$326,723.89. Le Doux seconded. Motion carried 7-0. Madden moved for approval of
payment of Utility Vouchers in the amount of $1,371,706.24. Le Doux seconded.
Motion carried 7-0. Petfalski moved for approval of Tax Checks in the amount of
$1,088.68. Le Doux seconded. Motion carried 7-0.
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March 25, 2003
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
A draft of the April calendar was reviewed. The monthly Committee of the Whole
meeting will be moved to 4/24/2003 as the CDA is holding an open house and regular
meeting on 4/10/2003.
Damaske moved to convene into closed session pursuant to No. 1 §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 possible acquisition of
the Bennett property for conservation, park and recreational purposes. Petfalski
seconded. Motion carried 7-0. The Clerk and Deputy were dismissed.
Petfalski moved to reconvene into open session. Damaske seconded. Motion carried
7-0.
ADJOURNMENT
Petfalski moved to adjourn at 10:23 pm. Damaske seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer