CCM20040713
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD JULY 13, 2004
Mayor Slocomb called the meeting to order at 8:13 PM. Also present were Ald.
Salentine, Borgman, Buckmaster, Madden, and Melcher, City Attorney Molter, Interim
Plan Director Muenkel, Clerk-Treasurer Moyer and Deputy Clerk Blenski. Ald.
Patterson and Schroeder were absent. The Clerk-Treasurer stated the meeting was
noticed in accordance with the open meeting law on 7/9/04. The Clerk-Treasurer read
the notice of closed session.
APPROVAL OF MINUTES
Salentine moved for approval of the 6/22/2004 minutes. Madden seconded; motion
carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mill Valley Business Center (Valley Sand & Gravel) Meeting Schedule
The Mayor stated meeting information was provided by his office. Some members of
Council will attend the meetings from time to time in addition to City staff.
ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS
Salentine moved for acceptance of the 7/13/2004 Finance Committee minutes. Madden
seconded; motion carried.
Buckmaster moved for acceptance of the 6/28/2004 Public Works Committee minutes.
Borgman seconded; motion carried.
Melcher moved for acceptance of the 6/28/2004 Public Utilities Committee minutes.
Buckmaster seconded; motion carried.
Minutes of the 7/6/2004 Plan Commission and 6/23/2004 Library Board were received
and placed on file.
UNFINISHED BUSINESS
Ord. #1173 - An Ordinance to Amend Chapter 26, Section 26.02(8), of the Municipal
Code of the City of Muskego (Parks and Recreation Regulations - Water Areas).
Second Reading. Salentine moved for adoption. Melcher seconded. Salentine moved
to amend to add the word “public” between the words “any” and “lake access.” Madden
seconded; motion carried. Ord. #1173, as amended, adopted 5-0.
NEW BUSINESS
Reso. #119-2004 - Approval of Preliminary Plat - The Overlook at Crystal Lake
Subdivision. Buckmaster moved for adoption. Salentine seconded. Melcher asked
about the 60’ width for the public access to Crystal Lake. A width of 100’ is required.
The Mayor stated that staff has not been able to determine why the City’s code requires
100’. State law requires 60’. An amendment to Chapter 18 (to change the width from
100’ to 60’) is anticipated by the time the final plat is approved. Mr. Muenkel noted that
the width at the watermark is actually 87’. Motion carried 5-0.
Reso. #120-2004 - Approval of Preliminary Plat - Forest Glen Subdivision. Buckmaster
moved for adoption. Salentine seconded. Motion carried 5-0.
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July 13, 2004
Reso. #121-2004 - Approval of Partners for Fish and Wildlife Habitat Development
Agreement (The Ridges Sanctuary). Salentine moved for adoption. Borgman
seconded. Motion carried 5-0.
Ord. #1174 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Woodland Creek Estates - A to RS-2/OPD). First Reading.
Ord. #1175 - An Ordinance to Amend the Zoning Map of the City of Muskego and 2010
Comprehensive Plan (Meinerz - RSE and A to B-4). First Reading. Atty. Molter stated
that what Atty. Finerty was suggesting was conditional zoning. He does not encourage
that. Mr. Muenkel stated that what is suggested is that the Building, Site and Operation
Plan be recorded as a component of the Conditional Use Grant. However, if the
property is sold, a petition could be submitted to change the use. Mr. Muenkel stated
zoning and land uses should be kept separate. Buckmaster stated if the property were
zoned to B-4, it would set a policy for that area. Salentine supports this type of use for
that area. She does not believe it is spot zoning. The question is whether the Council
wants the zoning to change now or in the future. Buckmaster stated it is important to
listen to the people in the area and take that into consideration. He believes it will be
difficult for the Plan Commission if Conditional Use Grants are tied to zoning.
Ord. #1176 - An Ordinance to Amend Chapter 9, Sections 9.01(1)(b) and 9.02, of the
Municipal Code of the City of Muskego (Orderly Conduct). First Reading.
Ord. #1177 - An Ordinance to Amend Chapter 7 to Add Section 7.16 of the Municipal
Code of the City of Muskego (Traffic Code - Compression Braking). First Reading.
Mr. Muenkel was dismissed.
LICENSES
Salentine moved for approval of a Temporary Operator’s License for Robert
Bankenbusch for 8/27/2004 to 8/29/2004. Buckmaster seconded; motion carried.
Salentine moved for approval of an Operator’s license for Sandra Keller, Heather Kiefer,
Lisa Maciosek, and Barbara Picklesimer. Borgman seconded, motion carried.
Salentine moved for approval of a Temporary Class “B” License to Sell Fermented Malt
Beverages and Temporary “Class B” License to Sell Wine for the Muskego Community
Festival, Inc. for 8/27/2004 to 8/29/2004. Borgman seconded; motion carried.
Salentine moved for approval of a Temporary Class “B” License to Sell Fermented Malt
Beverages for the Muskego Volunteer Fire Co. Ladies Auxiliary for 7/30/2004. Borgman
seconded; motion carried.
Salentine moved for approval of Waterway Markers for Bay Breeze and Muskego
Shores Community Association. Borgman seconded; motion carried.
VOUCHER APPROVAL
Salentine moved for approval of payment of General Vouchers in the amount of
$947,459.30. Madden seconded. Motion carried 5-0. Salentine moved for approval of
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July 13, 2004
payment of Utility Vouchers in the amount of $48,462.42. Madden seconded. Motion
carried 5-0.
CITY OFFICIALS’ REPORT
Atty. Molter stated he and the Clerk-Treasurer have discussed the new policy of having
applicants for an Operator’s License take a written test. The policy was implemented to
replace the oral interview that the Finance Committee did. There are concerns that this
practice could be in conflict with the license requirements defined by state law. Atty.
Molter recommends the process be more about educating the applicants regarding the
regulations that are specific to Muskego. Salentine stated this was implemented on a
trial basis. The Committee will review at its next meeting.
Salentine requested a regular Committee of the Whole meeting be scheduled for
August.
Salentine 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 2004 - 2005 Labor Agreements for all bargaining
units. Madden seconded. Motion carried 5-0. The Clerk, Deputy and City Attorney
were dismissed.
Borgman moved to convene into open session. Salentine seconded; motion carried.
ADJOURNMENT
Borgman moved to adjourn at 9:31 PM. Salentine seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Janice Moyer, CMC, CMTW
Clerk-Treasurer