CCM20031028
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD OCTOBER 28, 2003
The meeting was called to order at 7:52 PM by Mayor Slocomb. Also present were Ald.
Petfalski, Buckmaster, Damaske, Madden, Patterson, Salentine and Schroeder, City
Attorney Trindl, Clerk-Treasurer Marenda and Deputy Clerk Blenski. Those present
recited the Pledge of Allegiance. The Clerk stated the meeting was noticed in
accordance with the open meeting law on 10/24/2003.
APPROVAL OF MINUTES
Salentine moved for approval of the 10/14/2003 minutes. Damaske seconded.
Schroeder requested minutes be corrected to add, “Schroeder stated by removing
Wauwatosa and West Allis as comparables, this action would fiscally benefit the City
during upcoming represented employee negotiations” on page 1 under discussion of
Resolution #208-2003. Motion to approve minutes as corrected carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Slocomb proclaimed Saturday, November 8, 2003 as World Town Planning Day.
He also read a Proclamation for VFW Buddy Poppy Days to be held November 7 and 8.
The Mayor stated that after 28 years of dedicated service, Clerk-Treasurer Marenda
announced her plans to retire in the spring of 2004.
ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS
Petfalski moved for acceptance of the 10/22/2003 and 10/28/2003 Finance Committee
minutes. Salentine seconded; motion carried.
Schroeder moved for acceptance of the 10/20/2003 Public Utilities Committee minutes.
Petfalski seconded; motion carried.
Minutes of the 10/21/2003 Plan Commission, 10/13/2003 Parks and Recreation Board
and 10/16/2003 Police & Fire Commission were received and placed on file.
OLD BUSINESS
Ord. #1155 An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan
of the City of Muskego (Meinerz - RSE and A to B-4). Second Reading. Salentine
moved for adoption. Damaske seconded. Mayor Slocomb noted the public hearing
was held on 10/14. The Plan Commission did not recommend approval. The Mayor
acknowledged receipt of a letter from the petitioner. It was stated that petitions filed did
not meet the statutory requirements to qualify as protest petitions requiring a 3/4 vote of
the Council. Patterson expressed concerns about the rezoning. The Mayor stated the
2010 Comp Plan depicts land in the area for future commercial use. This was done to
let people know the area would transition over time. However, it was not anticipated
that the transition would take place until 2020. The decision is if this is a good location
for this type of business now. Salentine stated this would be a low impact business.
While people in the vicinity are opposed, none of the adjoining property owners have
protested. She is not sure this should be turned down. Tomorrow’s petition could be
more intrusive on the area. Petfalski agreed that what is proposed will be low impact
but stated he supports the wishes of the neighborhood residents. He suggested the
Comp Plan be reviewed and possibly be amended if we say no to this. Buckmaster
stated that while the structure is low impact, he has an issue with increased traffic.
Petfalski further noted that once the rezoning to commercial takes place, the use could
Common Council Minutes Page 2
October 28, 2003
change in time. Ord. #1155 defeated 5-2 with Madden, Petfalski, Damaske,
Buckmaster and Patterson voting “no” and Schroeder and Salentine voting “yes.”
Ord. #1156 An Ordinance to Amend Chapter 3 of the Municipal Code of the City of
Muskego (Sewer Utility). Second Reading. Schroeder moved for adoption. Damaske
seconded. Motion carried 7-0.
NEW BUSINESS
Reso. #224-2003 - Approval of Agreement Between the City of Muskego and Loreen
Klauser. Petfalski moved for adoption. Damaske seconded. Motion carried 7-0.
Reso. #225-2003 - Preliminary Resolution Declaring Intent to Levy Area-Wide Reserve
Capacity Assessment for Debt Service for Sewer Service Under §66.0703, Wisconsin
Statutes (Amended Sewer Service Area). Salentine moved for adoption. Patterson
seconded. Motion carried 7-0.
Reso. #226-2003 - Resolution of Intent to Support the Study of Redevelopment of the
New Valley Sand & Gravel Quarry in the City of New Berlin. Petfalski moved for
adoption. Damaske seconded. As the potential developer of the property, Mr. Carity
was granted privilege of the floor. He stated an offer to purchase has been made for
the 226-acre site to potentially be redeveloped. This is in the very early preliminary
stage with discussion taking place with both New Berlin and Muskego. It is anticipated
that both municipalities could benefit from redevelopment of this area. Water and sewer
service would potentially be provided by Muskego. Mr. Carity reviewed the preliminary
concept at this time, which would include a 45-acre commercial site, a multifamily
component along Tans Drive, and the remainder being light industrial. Tax incremental
districts may be created. Mr. Carity stated he would like to proceed to move forward. A
timeline is vague because of all the details that have to be worked out; the
redevelopment would probably be three or four years out. Schroeder expressed
concern that this development could potentially “pull away” or compete with
development in Muskego. Mr. Carity indicated that Mr. Turk has expressed the same
concern and that is one of the details that has to be worked out. Petfalski stated he
would like his constituents to have input regarding access to Tans Drive and the quality
of the multifamily buildings. Patterson stated that the resolution of intent encourages
the developer to go ahead and then makes it more difficult to say no. He is concerned
that it will come back to bite us. Atty. Trindl stated the resolution does not bind the City
to approve anything in the future; it indicates support for redevelopment of the site.
Salentine supports the intent to study the redevelopment. She does not believe we are
committing to anything at this time. Buckmaster moved to amend the NOW,
THEREFORE, BE IT RESOLVED to replace the word “development” with “study of the
redevelopment.” Salentine seconded; motion carried. Schroeder asked whose retail
development would have priority. Petfalski stated that New Berlin did not have an issue
with Muskego’s retail development taking place first. Mayor Slocomb noted that all
these issues would have to be addressed in an agreement. Petfalski stated this area
has been the source of a decrease in the quality of life for residents. This provides an
opportunity to remove the gravel pit and the environmental hazards associated with it.
The fact that Muskego will be able to provide input in the redevelopment is positive.
The resolution lets the public know this is out there. Patterson has concerns that this
could cripple what Muskego wants to do in the next 4 to 10 years. Mayor Slocomb
stated Muskego will be in control and benefit because it will provide the required
infrastructure. Petfalski stated we want to increase business development in the City to
Common Council Minutes Page 3
October 28, 2003
provide tax relief. Conservatively, this development will bring in $1.4 million annually.
Salentine also supports the study because it encourages continued cooperation
between municipalities, which has worked with the Tess Corners pond area. Reso.
#226-2003, as amended adopted 6-1 with Patterson casting the “no” vote.
Reso. #227-2003 - Resolution Authorizing the Mayor to Approve Vouchers. Petfalski
moved for adoption. Salentine seconded. Motion carried 7-0.
Reso. #228-2003 - Preliminary Resolution Declaring Intent to Levy Area-Wide Water
Capacity Assessment for Debt Service for Water Service Under §66.0703, Wisconsin
th
Statutes (14 Amended WCA District - Brauch). Salentine moved for adoption.
Schroeder seconded. Motion carried 7-0.
Ord. #1157 - An Ordinance to Amend the Zoning Map of the City of Muskego (Park
Arthur - RSE to RSE/OIP). First Reading.
LICENSES
Petfalski moved for approval of Operator’s License for Jennifer Akset, Vicki Helg,
Consiglio Cirillo, April Bullian, Jamie Freda, Patricia Becker, Alvina Gomez, Michael
Sommers, and Udayan Patel. Salentine seconded; motion carried.
Petfalski moved for approval of amended premise description for Edward Rupp (Mug-
Z’s Pub & Grill) to include the parking lot until midnight for 11/1/2003 only. Salentine
seconded; motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$688,329.05. Schroeder seconded. Motion carried 7-0. Schroeder moved for approval
of payment of Utility Vouchers in the amount of $396,833.23. Salentine seconded.
Motion carried 7-0.
CITY OFFICIALS’ REPORTS
The Clerk-Treasurer announced that a public hearing would be held at 7:15 on
th
11/11/2003 to consider the 13 Amended WCA District.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Drafts of the November calendar and 11/13/2003 Committee of the Whole meeting were
th
reviewed. Ald. Petfalski announced that he would not seek re-election as 5 District
Alderman in 2004 for personal and business reasons.
ADJOURNMENT
Petfalski moved to adjourn at 9:05 PM. Madden seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer