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CCM20040511 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD MAY 11, 2004 Mayor Slocomb called the meeting to order at 8:09 PM. Also present were Ald. Salentine, Borgman, Buckmaster, Madden, Patterson, Schroeder, and Melcher, City Attorney Molter, Engineering/Building Inspection Director McMullen and Acting Clerk- Treasurer Blenski. The Clerk stated the meeting was noticed in accordance with the open meeting law on 5/7/04 and as amended on 5/10/04. The Mayor noted that the Council would not convene into closed session regarding labor agreements. The Clerk read the closed session notice regarding filling the Clerk-Treasurer position. APPROVAL OF MINUTES Salentine moved for approval of the 4/27/2004 minutes. Buckmaster seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Slocomb read a proclamation declaring May 21 and May 22, 2004 as American Legion Auxiliary Poppy Days. He also noted that the closing for acquisition of the Ewald-Engel property took place last week. The Mayor reminded everyone that May is Electrical Safety month and the how important safety is. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Salentine moved for acceptance of the 5/5/2004 and 5/11/2004 Finance Committee minutes. Schroeder seconded; motion carried. Discussion ensued regarding the Outside Dance Permit and Extension of Time for Outside Premise for Bushy’s. Buckmaster moved to clarify “that a memo be sent to the Muskego Police Department to have the Police Department present at midnight on Friday and Saturday and at 10:00 p.m. on Sunday to monitor that the outside band/music discontinues playing at the prescribed times.” Salentine seconded; motion carried. Schroeder discussed the e- mail correspondence received regarding the Tess Corners Ice Cream Social to be held on Friday, June 4 from 6:00 to 8:00 pm. Mayor Slocomb stated he discussed with Chief Johnson who did not believe the events would conflict with each other. Bushyfest does not get started until about 10:00 pm on Friday and the school event would be over by then. Buckmaster stated he talked to Lynn Kurer and she will attempt to keep her customers off of school property on Friday evening. Schroeder moved to amend to reflect that Ms. Kurer is encouraged to do what she can on Friday, June 4 until 8:30 - 9:00 to be a good neighbor for the benefit of the school event that is scheduled. The City will review any negative input received this year if the license holder does request approval for the event next year. Buckmaster seconded; motion carried. Atty. Molter stated while these may be clarifications of the action that the Committee already took, our past practice has been that minutes of a specific body can only be amended by that body. It was determined that the items discussed would be placed in the Council minutes under approval of the license. Buckmaster asked why the ending time for music on Sunday was 10:00 p.m. Schroeder responded that is how it was in the past. There were no past complaints regarding the activities that took place on Sunday, only Friday and Saturday. Reso. #092-2004 - Recognition of 25 Years of Service - Wayne Delikat. Salentine moved for adoption. Patterson seconded. Motion carried 7-0. The Council congratulated Mr. Delikat and Mayor Slocomb presented the resolution to him. Mr. McMullen was dismissed. Common Council Minutes Page 2 May 11, 2004 Reso. #093-2004 - Recognition of 25 Years of Service - Marvin Palubicki. Patterson moved for adoption. Madden seconded. Motion carried 7-0. Mr. Palubicki received the resolution from Mayor Slocomb and was congratulated for his achievement. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS (Continued) Salentine moved for acceptance of 4/26/2004 and 5/11/2004 Public Works Committee minutes. Buckmaster seconded; motion carried. Schroeder moved for acceptance of the 4/26/2004 Public Utilities Committee minutes. Patterson seconded; motion carried. Minutes of the 4/28/2004 Library Board, 4/15/2004 Teen Advisory Board and 4/29/2004 Community Development Authority were received and placed on file. OLD BUSINESS Reso. #079-2004 - Appointment of Member to the Conservation Commission. On the floor, deferred 4/27/2004. Buckmaster moved to amend to insert name of Howard Schneider who accepted a reappointment to the Commission. Salentine seconded; motion carried. Reso. #079-2004, as amended, adopted 7-0. Ord. #1166 An Ordinance to Amend Chapter 18, Sections 18.21 (5) and 18.46 (2) of Municipal Code of the City of Muskego (Parks and Conservation Dedication Fees). On the floor, deferred 4/27/2004. Schroeder moved to defer. Salentine seconded, motion carried. 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 filling position of Clerk-Treasurer. Candidate Janice Moyer was present for the closed session. The City Attorney and Acting Clerk were not. NEW BUSINESS Reso. #094-2004 - Accepting Muskego Sun as the Official Newspaper of the City of Muskego. Salentine moved for adoption. Buckmaster seconded. Motion carried 7-0. Reso. #095-2004 - Resolution Confirming the Selection of Clerk-Treasurer for the City of Muskego. Salentine moved for adoption of resolution confirming Janice Moyer to fill the position of Clerk-Treasurer. Buckmaster seconded. Motion carried 7-0. Reso. #096-2004 - Approval of Lease Agreement with Lyle Fickau for Engel-Ewald Property. Schroeder moved for adoption. Madden seconded. Motion carried 7-0. Reso. #097-2004 - Approval of Revocable Occupancy Permit - Strelow. Buckmaster moved for adoption. Salentine seconded. Motion carried 7-0. Common Council Minutes Page 3 May 11, 2004 Ord. #1171 - An Ordinance to Amend the Zoning Map of the City of Muskego (Burke Properties - R-3 and A to RSA/OPD). First Reading. Patterson requested original concept plans for the development. LICENSES Salentine moved for approval of an Operator’s license for Angela Lord, Martha Shepherd, Tina Verhalen and Brandon Wier (Class A establishments only). Schroeder seconded, motion carried. Salentine moved for approval of a “Class B” Retailer’s License for The Brick House Bar and Grill, Inc., William Webber, Agent, The Brick House (Formerly B. Michaels). Schroeder seconded motion carried. Salentine moved for an Outside Dance Permit and Amendment to Premise for Bushy’s Pub & Grill, LLC for 6/4, 6/5 and 6/6 allowing music until midnight on 6/4 and 6/5 and no outside sales after 1:30 AM on those dates and allowing music until 10:00 PM on 6/6 and no outside sales after 11:00 PM. Schroeder seconded. At its meeting of 5/5/2004, the Finance Committee recommended approval subject to the Police Department being present at midnight and 6/4 (Friday) and 6/5 (Saturday) and at 10:00 PM on 6/6 (Sunday) to monitor that the band discontinued playing at the prescribed times. Salentine moved to amend to clarify that the outside band/music must be discontinued and that the license holder is encouraged to do what she can on Friday, June 4 until 8:30 - 9:00 PM to be a good neighbor for the benefit of the school event that is scheduled. Schroeder seconded; motion carried. Schroeder noted that review and approval of the event for 2005 will be contingent on what happens this year. VOUCHER APPROVAL Salentine moved for approval of payment of General Vouchers in the amount of $1,954,277.79. Schroeder seconded. Motion carried 7-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $74,424.34. Salentine seconded. Motion carried 7-0. Salentine moved for approval of Tax Checks in the amount of $2,008,243.42. Schroeder seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS Acting Clerk noted that the Committee of the Whole would meet on 5/13 at 7:00 PM. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Melcher wanted his constituents to know that his correct phone number is now on the City’s website. ADJOURNMENT Madden moved to adjourn at 9:34 PM. Salentine seconded; motion carried. Respectfully submitted, Jill Blenski Acting Clerk-Treasurer