CCM20031111
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD NOVEMBER 11, 2003
The meeting was called to order at 7:43 PM by Mayor Slocomb. Also present were Ald.
Petfalski, Buckmaster, Damaske, Madden, Patterson, and Schroeder, City Attorney
Molter, Clerk-Treasurer Marenda, Finance Director Gunderson, Engineering/Building
Inspection Director McMullen, and Deputy Clerk Blenski. Ald. Salentine was excused.
Those present recited the Pledge of Allegiance. The Clerk stated the meeting was
noticed in accordance with the open meeting law on 11/7/2003. The Clerk read the
notice of closed session.
APPROVAL OF MINUTES
Buckmaster moved for approval of the 10/28/2003 minutes. Madden seconded; motion
carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Slocomb read Proclamation for National Geographic Information System (GIS)
Day on November 19, 2003. He acknowledged all veterans for their service to our
country.
ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS
Petfalski moved for acceptance of the 11/5/2003 and 11/11/2003 Finance Committee
minutes. Schroeder seconded; motion carried.
Buckmaster moved for acceptance of the 10/27/2003 Public Works Committee minutes.
Petfalski seconded; motion carried.
Patterson moved for acceptance of the 10/27/2003 “Corrected” Public Services
Committee minutes. Damaske seconded. Petfalski moved for individual consideration
of the Waste/Refuse Contract issue so the Council could discuss it. Madden seconded;
motion carried. Discussion took place regarding service for the School District to be
identified an alternate as well as brush and leaf pickup. The Public Services Committee
recommended that all potential services be included so one quote could be submitted.
It was the Committee’s belief that doing so would result in a financial benefit. The
Mayor stated service for the schools has to be identified separately because different
equipment is required. Atty. Molter stated that the problem with incorporating the
School District is that it involves a percentage of residents outside of the City. Mr.
McMullen stated the specifications have been written to identify specific line items with
the City having the option to choose the ones that it wanted. He is attempting to
accomplish this as quickly and thoroughly as possible. Schroeder does not want the
rate to include the School District portion. Damaske disagreed. Madden stated her
experience confirms that dividing the services will provide a better financial result.
Damaske disagreed that this was the best way; it is the fastest way. Time is of the
essence, which is not the fault of the Committee. Atty. Molter agreed that we have to
move forward. December 9 is the last Council date of the year. Petfalski moved to
prepare contract specifications as Mr. McMullen has recommended. Madden
seconded. Buckmaster noted that internally we have to review how and why we are at
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the 11 hour regarding this issue and prevent it from occurring in the future. Motion
carried 5-1 with Damaske casting the “no” vote. The Committee minutes were accepted
unanimously.
Common Council Minutes Page 2
November 11, 2003
Minutes of the 11/4/2003 Plan Commission, 10/15/2003 and 10/30/2003 Community
Development Authority, 10/22/2003 Library Board and 10/16/2003 Teen Advisory Board
were received and placed on file.
OLD BUSINESS
Ord. #1157 - An Ordinance to Amend the Zoning Map of the City of Muskego (Park
Arthur - RSE to RSE/OIP). Second Reading. Buckmaster moved for adoption.
Petfalski seconded. Motion carried 6-0.
NEW BUSINESS
Reso. #239-2003 - Approval of Conveyance of Rights in Land to Waukesha County.
Buckmaster moved for adoption. Petfalski seconded. Mr. McMullen explained the
conveyance is part of the Janesville Road reconstruction project. The City has to
convey two sections of right-of-way (Durham Drive and Woodland Place) to the County.
Motion carried 6-0.
Reso. #240-2003 - Approval of Conveyance of Rights in Land to Wisconsin Department
of Transportation (DOT). Buckmaster moved for adoption. Schroeder seconded. Mr.
McMullen stated this is a conveyance to the Wisconsin Department of Transportation for
lands the City acquired for the EPI lift station. The minimum payment to a municipality
pursuant to DOT rules is $5,000. Buckmaster moved to amend the Lump Sum
Agreement for Payment for Lands to insert the amount of $5,000. Petfalski seconded;
motion carried. Reso. #240-2003, as amended, adopted 6-0. Mr. McMullen was
dismissed.
Reso. #229-2003 - Appropriating the Necessary Funds for the Operation of the
Government and Administration of the City of Muskego for the Year 2004. Petfalski
moved for adoption. Patterson seconded. Motion carried 6-0.
Reso. #230-2003 - Approval of 2004 Water Utility Budget. Schroeder moved for
adoption. Petfalski seconded. Finance Director Gunderson noted that the rates set by
the PCS in spring will be maintained. Motion carried 6-0.
Reso. #231-2003 - Approval of 2004 Sewer Utility Budget. Schroeder moved for
adoption. Buckmaster seconded. The Finance Director noted that residential sewer
rates for a single-family home would increase by $16/year. The increase is being
implemented so less reserve funds are used to supplement the rate. Motion carried 6-
0.
Reso. #232-2003 - Approval of 2004 Capital Budget. Petfalski moved for adoption.
Madden seconded. Petfalski moved to defer to allow Muskego Volunteer Fire Chief
Schaefer time to review options for a downscaled truck. Schroeder seconded; motion
carried.
Reso. #233-2003 - Approval of Lease Agreement Between the City of Muskego and
Chamber of Commerce. Schroeder moved for adoption. Madden seconded. As a
Chamber Director, Petfalski stated he would abstain from voting. The Mayor stated the
language is the same as in the existing lease. Damaske stated his concern that the
Common Council Minutes Page 3
November 11, 2003
Chamber is not pursuing business development in the community and questioned if City
Hall space should be leased to the organization. Motion carried with Madden,
Schroeder, Buckmaster and Patterson voting “yes,” Damaske voting “no,” and Petfalski
abstaining.
Reso. #234-2003 - Denial of Certified Survey Map - Simon Group. Madden moved for
adoption. Petfalski seconded. Mayor stated this was being denied because the
petitioner withdrew the proposal at this time. Motion carried 6-0.
Reso. #235-2003 - Final Resolution Authorizing Area Wide Water Capacity Assessment
for Water Services Under Wisconsin Statute 66.0703 and Levying Water Capacity
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Special Assessments Against Benefited Property (WCA) (14 Amended WCA District -
Brauch). Schroeder moved for adoption. Madden seconded. Motion carried 6-0.
Reso. #236-2003 - Approval of Fire Protection Agreement with Tess Corners Volunteer
Fire Department for 2004. Buckmaster moved for adoption. Schroeder seconded.
Motion carried 6-0.
Reso. #237-2003 - Approval of Fire Protection Agreement with Muskego Volunteer Fire
Company for 2004. Schroeder moved for adoption. Petfalski seconded. Motion carried
6-0.
Reso. #238-2003 - Approval of Agreement for Ambulance Services with the Tess
Corners Volunteer Fire Department for 2004. Schroeder moved for adoption.
Buckmaster seconded. Motion carried 6-0.
Ord. #1158 - An Ordinance to Amend Chapter 13, Section 13.01(2), of the Municipal
Code of the City of Muskego (Licensing and Regulation of Animals). First Reading.
LICENSES
Petfalski moved for approval of Operator’s License for Katelyn Best, Vicki Greggs,
Sharon Faherty, Clark Fischer and Arvind Patel. Buckmaster seconded; motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$608,458.32. Schroeder seconded. Motion carried 6-0. Schroeder moved for approval
of payment of Utility Vouchers in the amount of $129,907.90. Madden seconded.
Motion carried 6-0.
CITY OFFICIALS’ REPORTS
The Clerk-Treasurer stated she was requested to research the ability for a Council or
Committee member to participate in City meetings by phone. While the League of
Wisconsin Municipalities notes this can be done if authorized by the governing body,
there are many concerns. Atty. Molter stated there isn’t a conclusive answer but his
opinion is it is legally questionable and involves risks. A vote of someone not physically
present at a meeting could be legally challenged. No one requested that the issue be
pursued.
Common Council Minutes Page 4
November 11, 2003
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Schroeder stated it is time to pursue candidates to be appointed to the Teen Advisory
Board. He will work on a timeline and requested that the Clerk’s office distribute
application and instruction materials. Damaske noted communication by any Council
member regarding recruitment should be done through the district office.
Schroeder moved to convene into closed session pursuant to 19.85(1)(c) Wis. Stats.,
Considering employment, promotion, compensation or performance evaluation data of
any public employee over which the governmental body has jurisdiction or exercises
responsibility, more specifically the 2001 - 2003 Labor Agreement Between the
Muskego Police Association and the City of Muskego. Buckmaster seconded. Motion
carried 6-0. The City Atty., Clerk and Deputy were dismissed.
Petfalski moved to reconvene into open session. Schroeder seconded; motion carried.
ADJOURNMENT
Petfalski moved to adjourn at 10:05 PM. Schroeder seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer