CCM20040323
COMMON COUNCIL - CITY OF MUSKEGO Unapproved
MINUTES OF MEETING HELD MARCH 23, 2004
The meeting was called to order at 7:33 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, Interim Plan
Director Muenkel, Engineering/Building Inspection Director McMullen and Deputy Clerk
Blenski. The Clerk stated the meeting was noticed in accordance with the open
meeting law on 3/19/04. The Mayor stated the Council would not need to convene into
closed session.
NEW BUSINESS
Reso. #046-2004 - Honoring City of Muskego Eagle Scout Anthony Christopher.
Petfalski moved for adoption. Buckmaster seconded. Motion carried 7-0. Mayor
Slocomb presented the resolution to Anthony.
The Mayor presented a Certificate of Appreciation to Mr. Tom Riese. Mr. Riese served
as staff support to the Teen Advisory Board since its inception. Ald. Schroeder and
Petfalski acknowledged the important contribution Mr. Riese made to the Board.
The Council adjourned at 7:41 PM to hold the scheduled public hearings. The Council
then reconvened at 10:13 PM.
APPROVAL OF MINUTES
Madden moved for approval of the 3/9/2004 minutes. Salentine seconded; motion
carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Slocomb announced that the members of the selection committee to fill the
Clerk-Treasurer position will the Mayor, Jean Marenda, Dawn Gunderson and Ald.
Schroeder. Interviews will begin next week. The Mayor proclaimed March 25 as the
Day of the Unborn.
ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS
Salentine moved for acceptance of the 3/17/2004 and 3/23/2004 Finance Committee
minutes. Finance Director Gunderson provided further explanation regarding the
restatement of the 2002 fund balance related to an advance from the sewer utility. She
stated this issue would not have impacted the decisions made for the 2004 budget.
Petfalski seconded; motion carried.
Schroeder moved for acceptance of the 3/15/2004 Public Utilities Committee minutes.
Patterson seconded; motion carried.
Minutes of the 2/25/2004 Library Board, 2/19/2004 Teen Advisory Board, 3/8/2004
Parks & Recreation Board and 3/16/2004 Plan Commission were received.
OLD BUSINESS
Ord. #1164 - An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan of
the City of Muskego (A to RCE/COPD – Schmitt/Hillendale Drive). (Second Reading).
Buckmaster moved for adoption. Salentine seconded. City Atty. Molter stated a valid
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March 23, 2004
protest petition was filed. In addition, other protest petitions were filed which reflected
opposition to the rezoning. Mr. Muenkel confirmed that the petition filed by Vern and
Russell Moeller did meet the criteria and is valid. Plan Commission did recommend
approval of the rezoning. Atty. Molter stated the petition requires a 3/4 vote of the
Council. Mr. Muenkel stated the conceptual yield plan proposes 10 lots, which will
probably be reduced. Petfalski asked what the advantage was to the City. The area
that will be preserved is not buildable anyway. The Mayor stated the proposal provides
protection to the wetlands because they will not be part of people’s lots. Buckmaster
agreed that the wetlands are better protected if outside residential properties. He also
noted the COPD concept was recommended to the developer when her previous
rezoning petition was not approved. Petfalski requested that the Conservation
Subdivision ordinance be reviewed so that there are more stringent requirements in
place for a developer to obtain bonus lots. This should be a win-win situation for both
the City and developers. Mayor Slocomb stated that the Committee of the Whole could
review in the future. Motion carried 6-1 with Schroeder casting the “no” vote.
Charter Ordinance #20 - A Charter Ordinance Providing for the Appointment of the
Clerk-Treasurer for the City of Muskego. (Second Reading). Salentine moved for
adoption. Damaske seconded. Atty. Molter stated interpretation of the statutes is not
clear. He outlined his concerns in correspondence dated 3/15/2004. The Mayor noted
that proceeding with the Charter Ord. would delay the start date for the person to be
appointed to the position. This ordinance provides that the Clerk-Treasurer would be
appointed for an indefinite term serving at the pleasure of the Council subject to removal
by the Common Council by the affirmative votes of 3/4 of all members. Petfalski moved
to amend to correct the state statute reference number §66.01 to §66.0101. Madden
seconded; motion carried. Charter Ordinance #20, as amended, adopted 7-0.
Reso. #047-2004 - Acceptance of Reservation of Land for Highway Purposes (Outlot 3
of Rosewood Estates). Salentine moved for adoption. Schroeder seconded. Mr.
McMullen stated the outlot will be acquired for possible future public improvements.
Several companies have requested that small utility pedestals be allowed on the
property. Petfalski moved to amend to add “contingent upon the purchase referred to in
Reso. #048-2004” at the end of the BE IT RESOLVED paragraph. Schroeder
seconded; motion carried. Buckmaster requested notification if trees on the property
are to be removed. Reso. #047-2004, as amended, adopted 7-0.
Reso. #048-2004 - Offer to Purchase – Rosewood Estates, Inc. (Land for Future Public
Improvement Purposes). Buckmaster moved for adoption. Petfalski seconded. Motion
carried 7-0. Mr. McMullen was dismissed.
Reso. #049-2004 - Approval of a Certified Survey Map – Smart. Madden moved for
adoption. Schroeder seconded. Motion carried 7-0.
Reso. #050-2004 – Establishment of Interim Salary for Acting Clerk-Treasurer.
Petfalski moved for adoption. Schroeder seconded. Patterson asked how it was
determined that additional compensation would be paid for hours worked over 50.
Clerk-Treasurer Marenda stated that management personnel are typically expected to
work at least 50 hours per week. In this case, the employee will be acting as the Clerk-
Treasurer for an interim period and it is not known exactly how many hours it will take to
do the job. Ms. Marenda estimates that 50 hours will be adequate. Schroeder stated
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March 23, 2004
that the Finance Committee would review and monitor the situation on a monthly basis.
The Mayor anticipates that the interim period will not be longer than two and a half
months. Motion carried 7-0.
Reso. #051-2004 – Designating Public Depositories and Authorizing Withdrawal of City
of Muskego Monies. Salentine moved for adoption. Schroeder seconded. Motion
carried 7-0.
Reso. #052-2004 – A Resolution to Authorize Prepayment to Sewer Utility. Schroeder
moved for adoption. Petfalski seconded. Finance Director Gunderson stated the
resolution would authorize the payment of an outstanding debt to the Sewer Utility as of
12/31/03. The funds will be taken from the City’s fund balance. The Sewer Utility will
then be able to pay off $1.5 million of its debt. The total debt obligations for the City will
be reduced and the need to levy for that debt will be eliminated. There will be
substantial savings for interest costs. Motion carried 7-0.
Reso. #053-2004 – Resolution to Create the Position of Planner and Approve the Job
Description, Points and Salary Range. Schroeder moved for adoption. Salentine
seconded. Motion carried 7-0.
Ord. #1165 -- An Ordinance to Amend Chapter 17, Sections 8.147(12) A. and 8.147(12)
C., of the Municipal Code of the City of Muskego (BP-2 Office Park District). First
Reading.
Ord. #1166 – An Ordinance to Amend Chapter 18, Sections 18.21 (5) and 18.46 (2), of
the Municipal Code of the City of Muskego (Park and Conservation Dedication Fees).
First Reading. The Mayor stated implementation would be reviewed at the next Finance
Committee meeting.
Ord. #1167 – An Ordinance to Amend the Zoning Map of the City of Muskego
(Moorland Road Corridor). First Reading. Buckmaster requested that working drafts of
other options be forwarded prior to the next Council meeting. Atty. Molter stated the
moratorium should not be extended. Petfalski requested one option be to replace the
proposed multifamily with single family residential.
Ord. #1168 – An Ordinance to Repeal and Recreate Chapter 3 of the Municipal Code of
the City of Muskego (Finance and Taxation). First Reading.
Ord. #1169 – An Ordinance to Amend Chapter 1, Section 1.10 (2) (d) and (f), Chapter 2,
Section 2.09 (1) (b) (c) (d), Chapter 8, Section 8.05 (1), and Chapter 12, Section 12.08
(6) (d), of the Municipal Code of the City of Muskego (Committees). First Reading. Mr.
Muenkel was dismissed.
LICENSES
Petfalski moved for approval of an Operator’s license for Laurie Myles, Lynda Kisting,
Kristopher De Ment and Joshua Stewart (with a 3, 6, 9 and 12-mo. review). Salentine
seconded; motion carried.
Petfalski moved for approval of a Temporary “Class B” Retailer’s License for Friends of
the Library for May 8, 2004. Salentine seconded; motion carried.
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March 23, 2004
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$264,521.34. Buckmaster seconded. Motion carried 7-0. Schroeder moved for
approval of payment of Utility Vouchers in the amount of $1,323,637.85. Petfalski
seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
The draft April calendar was reviewed. Clerk-Treasurer Marenda stated this was her
last Council meeting, as she will be retiring. The Council wished her well.
ADJOURNMENT
Petfalski moved to adjourn at 11:38 PM. Buckmaster seconded; motion carried.
(Minutes taken and transcribed by J. Blenski)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer