CCM20030624
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD JUNE 24, 2003
The meeting was called to order at 10:05 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 6/20/2003 and amended on 6/23/2003.
APPROVAL OF MINUTES
Salentine moved for approval of the 6/10/2003 minutes and the 6/10/2003 minutes of
the joint meeting with the CDA. Madden seconded. Petfalski moved to correct page 3
of 6/10/03 minutes of regular meeting to reflect first reading of Ord. #1141 and to
replace, “Schroeder stated limits might be proper but need to be done on the local level”
with “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” regarding Reso. #144-
2003. Patterson seconded. Motion to approve minutes as corrected carried.
ACCEPTANCE OF COMMITTEE REPORTS
Petfalski moved for acceptance of the 6/18/2003 and 6/24/2003 Finance Committee
minutes. Schroeder seconded; motion carried.
Schroeder moved for acceptance of the 6/16/2003 Public Utilities Committee minutes.
Petfalski seconded; motion carried.
Salentine moved for acceptance of the 6/24/2003 Public Works Committee minutes.
Petfalski seconded; motion carried.
Patterson moved for acceptance of the 6/23 2003 Public Services Committee minutes.
Salentine seconded; motion carried.
Minutes of the 6/9/2003 Parks and Recreation and 6/17/2003 Plan Commission were
received and placed on file.
OLD BUSINESS
Reso. #120-2003 - Approval of Water Easement Agreement Between the City of
Muskego and St. Leonard Congregation, on the floor, deferred 6/10/2003. Mayor noted
outstanding issues have been resolved. Schroeder moved to amend to attach the
revised Water Easement Agreement and to add “and Waiver of Potential Condemnation
Rights” at the end of the BE IT RESOLVED paragraph. Madden seconded; motion
carried. Reso. #120-2003, as amended, adopted 7-0.
Reso. #133-2003 - A Resolution Requesting the Milwaukee Metropolitan Sewerage
District to Install the Ryan Creek Interceptor Sewer, on the floor, deferred 5/27/2003.
Mayor Slocomb stated an amendment was being proposed. The issue was sent back
to Public Utilities Committee but timing is an issue with the reconstruction of Hwy. 100.
The proposed amendment requests that the City of Franklin agrees and supports the
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installation from 68 Street to the County line to meet the future needs of the City of
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Muskego. The City will support the extension from 60 to 68, which will benefit the
City of Franklin. The Mayor will not sign the resolution until Franklin concurs. Petfalski
stated this would give Franklin the ability to expand its business park, which could
directly compete with a park the City may want to establish. What does our Planning
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June 24, 2003
Dept. think? Mr. Turk noted that the City of Muskego would probably not consider a
business development in that area until 2015 to 2025. If the interceptor were extended,
Franklin’s business park could be expanded as early as 2007. Mr. Turk stated he did
not believe the type of development in the Moorland Road corridor would directly
compete with an expansion of the Franklin business park. Salentine moved to amend
the resolution as proposed. Damaske seconded; motion carried. Reso. #133-2003, as
amended, adopted with 6 in favor and Petfalski 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). Second Reading.
Salentine moved for adoption. Damaske seconded. Motion carried 7-0.
NEW BUSINESS
Reso. #145-2003 - Approval of Business Associate Agreement Between the City of
Muskego and Tess Corners Volunteer Fire Department for Ambulance Billing Services
in Compliance with HIPAA. Salentine moved for adoption. Patterson seconded.
Motion carried 7-0.
Reso. #146-2003 - Approval of Various License Applications for the City of Muskego for
Licensing Period July 1, 2003 to June 30, 2004. Salentine moved for adoption.
Schroeder seconded. Motion carried 7-0.
Reso. #147-2003 - Approval of Library Services Agreement Between the City of
Muskego Public Library and City of Waukesha Public Library. Petfalski moved for
adoption. Madden seconded. Motion carried 7-0.
Reso. #148-2003 - Approval of Revolving Loan Fund (RLF) Plan. Salentine moved for
adoption. Petfalski seconded. Motion carried 7-0.
Reso. #149-2003 - Approval of Amended and Restated Subdivider’s Agreement and
Revised Final Plat - The Settlement Subdivision. Madden moved for adoption.
Salentine seconded. Motion carried 7-0.
Reso. #150-2003 - Approval of Final Plat, Letter of Credit and Subdivider’s Agreement
and Reapproval of Conservation Easement - Big Muskego Estates. Madden moved for
adoption. Schroeder seconded. Motion carried 6 in favor and Petfalski abstaining
because of a business relationship with Towne Realty.
Reso. #151-2003 - Approval of Well Site Agreement Between Homes by Towne of Big
Muskego Estates LLC, Candlewood Creek LLC and the City of Muskego. Salentine
moved for adoption. Madden seconded. Motion carried 6 in favor and Petfalski
abstaining because of a business relationship with Towne Realty.
Reso. #152-2003 - Determination of Nonsubstantial Change to the Approved Deer
Creek Addition No. 1 Planned Development District. Madden moved for adoption.
Schroeder seconded. Motion carried 7-0.
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June 24, 2003
Reso. #153-2003 - Determination of Nonsubstantial Change to the Approved Sarah
Estates Planned Development District. Petfalski moved for adoption. Madden
seconded. Motion carried 7-0.
Reso. #154-2003 - Resolution as to Substantial Change to the Approved Muskego
Centre Planned Development District for Discovery Days Day Care. Madden moved for
adoption. Salentine seconded. Motion carried 7-0.
Reso. #155-2003 - Initial Resolution Authorizing the Borrowing of Not to Exceed
$9,450,000; Providing for the Issuance and Sale of General Obligation Securities
Therefor; and Levying a Tax in Connection Therewith. Salentine moved for adoption.
Petfalski seconded. Finance Director Gunderson stated that the $9 million represents
the 2004, 2005 and 2006 capital plan items that were identified as being financed
through borrowing. Buckmaster moved to amend the $9,450,000 amount to $5,500,000
to be achieved by eliminating the reconstruction of Durham Drive. Damaske seconded.
Mayor Slocomb encouraged the Council not to remove the project this evening but to
review carefully at budget time. The City has applied and is likely to receive grant funds
to provide assistance to pay for the project. Petfalski agreed. Buckmaster expressed
concern that adoption of the resolution could lead to an increase in taxes. Patterson
agreed and said this is what the people are telling us they want. Petfalski said then do
it; hold the tax rate at what it is but leave options open. The Finance Director explained
that borrowing is done because it pays for capital projects that benefit future residents;
the borrowing spreads the payment out and does not overburden current taxpayers.
Buckmaster withdrew his motion and Damaske agreed. Schroeder stated if the
resolution is adopted, his priority would be to approve current financial obligations,
which he estimates at approximately $2.5 million and emergencies. Any future capital
wants would be an extremely low priority. Reso. #155-2003 adopted 6 in favor and
Patterson voting “no.”
Reso. #156-2003 - Initial Resolution Authorizing the Borrowing of Not to Exceed
$16,155,693; Providing for the Issuance and Sale of General Obligation Refunding
Securities Therefor; and Levying a Tax in Connection Therewith. Petfalski moved for
adoption. Buckmaster seconded. Finance Director Gunderson clarified that this
borrowing is very restrictive and only for refinancing purposes. Motion carried 7-0.
Reso. #157-2003 - Establishing Traffic Regulations. Patterson moved for adoption.
Damaske seconded. Mayor Slocomb stated the no parking regulations for weekdays
from 7:00 am to 9:00 am were proposed to coincide with existing no parking signage in
the high school vicinity. Petfalski stated he objects to parking restrictions in the
Industrial Park. The Mayor stated the proposal is to establish a 3/4-mile “No Parking”
radius from the high school and that is why Saturn Drive is included. Petfalski moved to
amend to delete “Saturn Drive - Racine Avenue to Mercury Drive on both sides of the
street.” Madden seconded. Schroeder stated discussion took place to begin with a 3/4-
mile zone, which could be extended to one mile if needed. Patterson expressed
concern with changing the resolution since the other parties involved have agreed to
this. Motion carried with Madden, Schroeder, Salentine, Petfalski and Damaske, voting
“yes” and Buckmaster and Patterson voting “no.” Schroeder moved to amend to add
the portion of Saturn Drive between Racine Avenue and Challenger (“No Parking
Monday thru Friday 7:00 am to 9:00 am). He noted that it was important for entry and
exit traffic. That portion is adjacent to Racine Avenue and within the 3/4-mile zone.
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June 24, 2003
Damaske seconded. Motion carried with Schroeder, Damaske, Buckmaster and
Patterson voting “yes” and Madden, Salentine, and Petfalski voting “no.” Reso. #157-
2003, as twice amended, adopted with Madden, Schroeder, Damaske, Buckmaster and
Patterson voting “yes” and Salentine and Petfalski voting “no.”
Reso. #158-2003 - Establish Parking Restrictions - Muskego High School. Damaske
moved for adoption. Buckmaster seconded. Petfalski moved to amend to add, “from
7:00 AM to 9:00 AM, Monday thru Friday” in the BE IT FURTHER RESOLVED
paragraph after the words, “parking restrictions.” Salentine seconded. Schroeder
expressed concern because the County has indicated it may agree to the parking
restrictions but determines what the signs say; specific times are generally not posted.
Motion carried 6 in favor and Patterson voting “no.” Reso. #158-2003, as amended,
adopted 6 in favor and Salentine voting “no.”
Ord. #1142 - An Ordinance to Amend Chapter 26, Section 26.02(1)(d) of the Municipal
Code of the City of Muskego (Park and Recreation Regulations - Alcoholic Beverages).
First Reading.
Ord. #1143 - An Ordinance to Amend the Zoning Map of the City of Muskego from A- R-
3 (Schmitt/Hilldendale Drive). First Reading.
Ord. #1144 - An Ordinance to Amend the Zoning Map of the City of Muskego from RS-
2, RSA and RSM to RS-2/OPD, RSA/OPD and RSM/OPD. First Reading.
Mr. Turk was dismissed.
LICENSES
Petfalski moved for approval of a Temporary Operator’s License for Cynthia Krauss (for
July 3) and Regular Operator’s Licenses for Melissa Schim, Marc Ciske, and Bobbi Jo
Butler. Salentine seconded; motion carried.
Petfalski moved for approval of Salvage and Recycling Permit for John Glockner.
Salentine seconded; motion carried.
It was noted that the Public Services Committee deferred the Kohne Salvage and
Recycling Permit for clarification regarding the Engineering/Building Inspection
Department’s condition that the fence be painted. Petfalski moved for approval of
Salvage and Recycling Permit for James Kohne and to remove the condition that the
gate be painted. He inspected the site; the gate cannot be seen from the road and does
not look bad. It can be done next year. Damaske seconded; motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$458,029.34. Damaske seconded. Motion carried 7-0. Schroeder moved for approval
of payment of Utility Vouchers in the amount of $87,191.12. Petfalski seconded.
Motion carried 7-0. Petfalski moved for approval of payment of Tax Checks in the
amount of $5.64. Schroeder seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
The Clerk-Treasurer announced the following public hearings to be held on 7/8:
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June 24, 2003
7:20 PM to consider an implementation of a 6-mo. moratorium for area of Janesville and
Moorland Roads and 7:25 PM to consider petition of O’Connor Petroleum for a
substantial change to the approved MRED planned development district.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
The July calendar was reviewed. Schroeder noted he could attend the 7/2/03 Finance
Committee meeting. It was noted that the 7/24/03 Committee of the Whole meeting
would be confirmed. The Clerk noted that a member of the Teen Advisory Board had
resigned.
Buckmaster requested that the state legislators be requested to attend a future Council
meeting to discuss the budget. July 22 was chosen as the target date; the Clerk will
extend invitations.
Mayor Slocomb stated that U.S. Cellular requested technical changes to the approved
agreement regarding insurance issues. There were no objections to the changes as
requested being made.
Petfalski noted the tour of the high school was scheduled for 6/26/03; spouses can
attend but a count was needed.
ADJOURNMENT
Buckmaster moved to adjourn at 11:53 pm. Madden seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer