CCM20030610
COMMON COUNCIL - CITY OF MUSKEGO Approved as corrected
MINUTES OF MEETING HELD JUNE 10, 2003 6/24/2003
The meeting was called to order at 8:03 PM by Mayor Slocomb. Also present were Ald.
Petfalski, Buckmaster, Damaske, Madden, Patterson, Salentine and Schroeder, City
Attorney Molter, Clerk-Treasurer Marenda, Finance Director Gunderson, Plan Director
Turk and Deputy Clerk Blenski. The Clerk stated the meeting was noticed in
accordance with the open meeting law on 6/6/2003.
APPROVAL OF MINUTES
Salentine moved for approval of the 5/27/2003 minutes. Madden seconded; motion
carried.
ACCEPTANCE OF COMMITTEE REPORTS
Petfalski moved for acceptance of the 6/4/2003 and 6/10/2003 Finance Committee
minutes. Salentine seconded; motion carried.
Salentine moved for acceptance of the 6/10/2003 Public Works Committee minutes.
Buckmaster seconded; motion carried.
Minutes of the 5/28/2003 Conservation Commission, 5/28/2003 Library Board,
5/15/2003 Teen Advisory Board, and 6/3/2003 Plan Commission were received and
placed on file.
OLD BUSINESS
Reso. #137-2003 - Amended Resolution of Necessity of the City of Muskego,
Waukesha County, Wisconsin (Conservation Purposes/Bennett). Salentine moved for
adoption. Madden seconded. Mayor Slocomb noted the amendment was to delete the
Chesapeake restaurant and identify only the vacant parcel. Buckmaster expressed
concern that the boat launch access would not be obtained through the purchase of the
vacant parcel. The Council determined that it would take action on the Offer to
Purchase (Reso. #118-2003) first.
Reso. #118-2003 - Offer to Purchase - Bennett, on the floor, deferred 5/27/2003. It was
noted the resolution was amended at the last meeting for only the vacant parcel and
Atty. Molter has prepared the new Offer for $87,000. Finance Director Gunderson
presented a recap of the Conservation Fund as of 6/10/03. There are uncommitted
funds of $85,537.04, which could be used for the purchase. Petfalski stated he does
not support the purchase for conservation, especially since it is a single parcel. Mayor
Slocomb noted that is how the City acquires most of the land that it does. Schroeder
asked about the purchase of the Ewald-Engel property. Ms. Gunderson explained how
that purchase would be financed. Some of the money for the purchase has been
borrowed and will be repaid with future conservation dollars. There is also a potential to
receive grant funding for the purchase. A discussion then ensued regarding use of
landfill dollars. Ms. Gunderson stated she does not believe those funds should be used
for operating costs because eventually they will cease and the money will have to be
obtained from another source. However, she is comfortable with using them to pay the
debt schedule of the borrowing that was done for the Ewald-Engel property as it funnels
through the Conservation Fund. Petfalski reiterated he does not support this
acquisition. Motion to adopt Reso. #118-2003, as amended, defeated with Salentine
voting “yes” and the others voting “no.”
Common Council Minutes Page 2
June 10, 2003
Reso. #137-2003 - Amended Resolution of Necessity of the City of Muskego,
Waukesha County, Wisconsin (Conservation Purposes/Bennett). The Council then
continued discussion on this resolution. Patterson moved to amend to create a new No.
2. as follows, “That this Resolution of Necessity is deleted in its entirety as the City at
this time is not proceeding with this acquisition” and to delete the remainder of the
resolution. Petfalski seconded. Motion carried 6 in favor and Salentine voting “no.”
Reso. #137-2003, as amended, carried 6 in favor and Salentine voting “no.”
Reso. #120-2003 - Approval of Water Easement Agreement Between the City of
Muskego and St. Leonard Congregation, on the floor, deferred 5/27/2003. Mayor noted
the agreement was deferred at the Finance Committee level, as it has not been
finalized. Salentine moved to defer. Patterson seconded; motion carried.
NEW BUSINESS
Reso. #138-2003 - Approval of Certified Survey Map - Lindemann. Salentine moved for
adoption. Buckmaster seconded. Motion carried 7-0.
Reso. #139-2003 - Approval of Certified Survey Map - City of Muskego. Madden
moved for adoption. Salentine seconded. Motion carried 7-0.
Reso. #140-2003 - Approval of Amended Subdivider’s Agreement for Key Bridge Group
(Chamberlain Hill Subdivision). Schroeder moved for adoption. Madden seconded.
Motion carried 7-0.
Reso. #141-2003 - Approval of MRED Planned Development District Consolidated
Storm Water Management Plan, MRED Planned Development District Consolidated
Retention Pond Maintenance Agreement, Amendment No. 1 to MRED
(Residential/Moorland) Associates-City of Muskego/MRED Planned Development
District-Developer’s Agreement, Amendment No. 1 to MRED (Janesville/Moorland)
Associates-City of Muskego/MRED Planned Development District Developer’s
Agreement and Termination Agreement MRED Planned Development Retention Pond
Maintenance Agreement #2 (Lands West of Moorland Road). Salentine moved for
adoption. Buckmaster seconded. It was noted that minor revisions were made to the
documents and forwarded to the Council electronically for review. Motion carried 6 in
favor and Petfalski abstaining because of a business relationship with Towne Realty.
Reso. #142-2003 - Approval of Various License Applications for the City of Muskego for
Licensing Period July 1, 2003 to June 30, 2004. Petfalski moved for adoption.
Schroeder seconded. Patterson questioned granting a license to Osco Drug because
they still have not located here. Mayor Slocomb responded one “Class A” license
remains and the City can increase that quota if so desired. Motion carried 7-0.
Reso. #143-2003 - Authorize Construction of an Aldi, Inc. Retail Facility in the
Redevelopment District No. 1 Project Area. Salentine moved for adoption. Madden
seconded. Motion carried 7-0. Mr. Turk was dismissed at 9:01 PM.
Reso. #144-2003 - Resolution Opposing Property Tax Levy Limits or a Tax Rate
Freeze. Madden moved for adoption. Salentine seconded. Mayor Slocomb stated he
brought forward with Ald. Madden and Salentine because accountability for the state’s
Common Council Minutes Page 3
June 10, 2003
financial problems are being deflected to the municipal level. Levy limits and a tax rate
freeze may be appealing initially; however, it will hurt our growing community. People
expect more services. Infrastructure dollars will be the first to be cut, with the burden
put on the future for someone else to make up. Schroeder moved to amend to add,
“mandated by state government” after the words “tax rate freeze” in the NOW,
THEREFORE, BE IT RESOLVED. Petfalski seconded; motion carried. Petfalski stated
citizens need to know that the City intends to keep its tax rate in check; he objects to a
higher level of government telling us what to do. Buckmaster stated he is not sure at
this point because nothing has been decided by the state. He wants to look at how
citizens will be affected. The budget crisis must be resolved. Petfalski stated the
proposed levy freeze is serious as local government will not be able to benefit from the
increase in property values. Commercial development will be stifled. Waiting for the
state’s final determination will be too late. We need to lobby now to encourage this not
to happen. The Mayor noted that freezing our tax levy does not assist the state. Ms.
Gunderson explained the state budget proposal and its impact on the City. State
shared revenue (approximately $400,000) will be lost for 2004. In addition, Muskego
could lose another $800,000. That does not help the state; only hurts us. Schroeder
stated he believes that the imposition of limits or freezes may very well be proper but it
needs to be done on the local level by the local politicians if mandated by your
constituents. We have a better understanding at this level of how we can put limits or
freezes in effect to be most appropriate for our City. Petfalski and Schroeder stated
they would also sponsor the resolution. Motion carried 4-3 with Madden, Schroeder,
Salentine and Petfalski voting “yes” and Damaske, Buckmaster and Patterson voting
“no.”
Ord. #1141 - An Ordinance to Amend Chapter 8, Section 8.01 (1), of the Municipal
Code of the City of Muskego (Street System Plan Revision). First Reading.
LICENSES
Petfalski moved for approval of an Operator’s License for Eric Sautbine, Bhajan Singh
and Julie Krueger. Salentine seconded; motion carried.
Petfalski moved for approval of Temporary Class “B” Retailer’s License for the Water
Bugs Water Ski Association for July 3, 2003. Damaske seconded; motion carried.
Petfalski moved for approval of an Outside Dance Permit for Bushy’s Pub & Gill LLC
(Lynn Kurer, Agent) for June 14, 2003. Schroeder seconded; motion carried.
Petfalski moved for approval of a Swim Beach/Waterway Marker license for the City of
Muskego at Idle Isle. Schroeder seconded; motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$510,630.95. Damaske seconded. Motion carried 7-0. Schroeder moved for approval
of payment of Utility Vouchers in the amount of $104,997.11. Petfalski seconded.
Motion carried 7-0. Petfalski moved for approval of payment of Tax Checks in the
amount of $446.43. Schroeder seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
The Clerk-Treasurer announced the following public hearings to be held on 6/24/2003:
7:20 pm to consider petition to rezone property on Janesville Road from A to R-3; 7:25
pm to consider petition to rezone the Basse-Lindemann property from RS-2, RSA and
RSM to include the OPD Planned Development District; 7:30 pm to consider petition to
Common Council Minutes Page 4
June 10, 2003
grant a substantial change to the approved Muskego Centre Planned Development
District for Discovery Days Child Care.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Regarding future land acquisitions for conservation, Petfalski stated that the Council
should continue to review each property as it becomes available.
ADJOURNMENT
Petfalski moved to adjourn at 9:30 pm. Buckmaster seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer