CCM20050111
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD JANUARY 11, 2005
The meeting was called to order at 8:57 P.M. by Mayor Slocomb. Also present were
Ald. Salentine, Buckmaster, Madden, Melcher, Patterson and Schroeder, City Attorney
Molter, Clerk-Treasurer Moyer, and Deputy Clerk Blenski. Ald. Borgman was excused.
Those present recited the Pledge of Allegiance. The Clerk stated the meeting was
noticed in accordance with the open meeting law on 1/7/2005.
APPROVAL OF MINUTES
Salentine moved for approval of the 12/14/2004 minutes. Madden seconded; motion
carried.
ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS
Salentine moved for acceptance of the 1/11/2005 Finance Committee minutes.
Schroeder seconded; motion carried.
Minutes of the 1/4/2005 Plan Commission, 12/13/2004 Parks and Recreation Board,
12/16/2004 Teen Advisory Board, 12/14/2004 and 1/4/2005 Conservation Commission,
12/16/2004 Community Development Authority and 12/22/2004 Library Board were
received and placed on file.
OLD BUSINESS
Ord. #1186 - An Ordinance to Amend Chapters 1, 2, 17, 18 and 41 of the Municipal
Code of the City of Muskego. Second Reading. Salentine moved for adoption.
Schroeder seconded. Schroeder moved to amend to remove the cover ordinance.
Buckmaster seconded; motion carried. Melcher stated he has problems with Section
17.9.04 (7) B. 3. He does not want any new boathouses constructed on Little Muskego
Lake. That was the sentiment expressed at the public hearing. Atty. Molter clarified
that the only new language that is being proposed is Sections 17.9.04 (7) B. 3. (d.) and
(e.). Mayor Slocomb stated if changes were made to the existing language, such as
limiting new boathouses, another public hearing would have to be held. Melcher
requested that the entire section be reviewed by the Committee of the Whole for
possible revision. Discussion took place about striking the proposed language in (d.)
and (e.). The Mayor and several aldermen did not support that because the proposed
language is more restrictive and necessary because of an issue that occurred.
Schroeder moved to amend proposed language in Section 1.05 (2) as follows: “The
Plan Commission shall consist of the Mayor or in the case of the Mayor’s absence or
inability the Alderman elected to the Plan Commission by the Common Council ….” and
to amend Section 2.07 to strike the proposed language in bold. Buckmaster seconded.
Schroeder explained his motion. When the President of the Common Council sits on
the Plan Commission, that person has a vote. That person may not have followed the
issues to the same level as the other Plan Commission members. He sees the
President of the Council’s vote as a possible “proxy” vote for the Mayor. Mayor
Slocomb disagreed with that opinion. You could then question the votes of the Plan
Commission members appointed by the Mayor. Salentine did note that when she
presided over the Plan Commission, she received all the necessary materials in
advance and could do her homework. However, she believed that there could be a
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January 11, 2005
perception that the Council President is voting for the Mayor. She supports that the
Aldermanic representative to the Plan Commission serve if the Mayor cannot.
Patterson said there should be a specific chain of command to define who takes over if
the Mayor is absent. His concern is that if it is the Aldermanic representative, the
Commission membership is decreased. Schroeder stated that “proxy” was not a good
choice of words. His primary concern, like Salentine’s, is perception. Patterson
believes it should be the “Acting Mayor.” Schroeder did not object with the condition
that the individual would not be able to vote.
Mayor Slocomb stated there are two different issues. One is where the Mayor recuses
himself from a specific agenda item. The other is where the Mayor could be
incapacitated for a long period of time. The Plan Commission should continue to
operate with a Chair that represents the community and brings cohesiveness.
Buckmaster noted that the appointed Plan Commissioners want an elected official to
chair the meeting. He believes the Council representative to the Plan Commission
brings cohesiveness in the absence of the Mayor. That person is elected with a 2/3
vote of the Council. He also believes there is a perception issue if the Council President
is the presiding officer. Atty. Molter stated it should be made clear one way or the other.
In the past, it has been done both ways. There could be a legal argument that it should
be the Council President who serves as the “Acting Mayor” by state statute in the
Mayor’s absence. The question is if presiding over the Plan Commission is one of
those duties.
The Mayor said it could be split. Under a recusal, the Aldermanic representative could
serve. However, when the Mayor will be absent for some length of time, someone
needs to step in and take on all the Plan Commission responsibilities that the Mayor
performs. That would be the Council President. Schroeder supports the split and
moved to rescind his motion with Buckmaster agreeing as the second. Atty. Molter
stated he is not sure if it can be done that way and will need to research from a legal
standpoint. Melcher asked if an alternate should be designated if the Acting Mayor
cannot serve. Schroeder moved to defer. Buckmaster seconded; motion carried. Ord.
#1186, as amended, deferred.
Reso. #208-2004 - Resolution to Amend the Business Credit Card Policy. On the floor,
deferred 12/14/2004. Schroeder moved to defer. Buckmaster seconded; motion
carried.
NEW BUSINESS
Reso. #001-2005 - Approval of Cooperative Agreement Between City of Muskego and
Waukesha County Department of Senior Services. Salentine moved for adoption. Schroeder
seconded. Motion carried 6-0.
Reso. #002-2005 - Approval of Certified Survey Map - Heberling and Jacobson, Town of
Vernon. Buckmaster moved for adoption. Madden seconded. Motion carried 6-0.
Reso. #003-2005 - Approval of Certified Survey Map - King, Town of Vernon. Buckmaster
moved for adoption. Schroeder seconded. Motion carried 6-0.
Reso. #004-2005 - Approval of Preliminary Plat - Fireside Orchard Addition #1 Subdivision.
Buckmaster moved for adoption. Schroeder seconded. Motion carried 6-0.
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January 11, 2005
Reso. #005-2005 - Approval of Certified Survey Map - Henrichs. Buckmaster moved for
adoption. Salentine seconded. Motion carried 6-0.
Reso. #006-2005 - Approval of 2005 Salary Increase for Nonrepresented Employees of the City
of Muskego. Salentine moved for adoption. Madden seconded. Motion carried 6-0.
Reso. #007-2005 - Approval of Lease Agreement with Lyle Fickau for Engel-Ewald Property for
2005. Schroeder moved for adoption. Salentine seconded. Motion carried 6-0.
Reso. #008-2005 - Approval of Lease Agreement with Jack King for the Kelsey Drive
Conservation Land for 2005. Salentine moved for adoption. Schroeder seconded. Schroeder
requested the City notify Mr. King that the land to be leased may be disbursed for construction
of a pond. Motion carried 6-0.
Reso. #009-2005 - Approval of Lease Agreement with Eddie Schaefer for the South Section of
Park Arthur. Salentine moved for adoption. Schroeder seconded. Motion carried 6-0.
Reso. #010-2005 - Resolution to Amend Agreement Between the City of Muskego and Ruekert
& Mielke, Inc. for Engineering Services. Schroeder moved for adoption. Salentine seconded.
Motion carried 6-0.
Reso. #011-2005 - Resolution to Amend Agreement Between the City of Muskego and R. A.
Smith and Associates, Inc. Schroeder moved for adoption. Salentine seconded. Motion
carried 6-0.
Reso. #012-2005 - Approval of Agreement with Waukesha County Department of Administration
Services for Computer Assisted Mass Appraisal (CAMA). Salentine moved for adoption.
Schroeder seconded. The Mayor stated that the Agreement was amended at the Finance
Committee meeting. Schroeder moved to amend to remove the first BE IT FURTHER
RESOLVED paragraph. Madden seconded; motion carried. Reso. #012-2005, as amended,
adopted 6-0.
LICENSES
The Mayor noted that four Dog Fancier permits were approved at the Finance
Committee meeting of 1/11/2005.
VOUCHER APPROVAL
Salentine moved for approval of payment of General Vouchers in the amount of
$659,699.58. Madden seconded. Motion carried 6-0. Schroeder moved for approval of
payment of Utility Vouchers in the amount of $75,440.06. Madden seconded. Motion
carried 6-0. Salentine moved for approval of Tax Checks in the amount
$18,658,973.04. Schroeder seconded. Motion carried 6-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Melcher requested that when new rates are presented to the Council, the existing rates
be provided along with the new ones. Mayor Slocomb stated that the Community
Development Authority (CDA) will be meeting the fourth Thursday of the month.
Melcher stated that the Parks and Recreation Board requested that its recommendation
regarding the Idle Isle structure and the Waterbugs be placed on the February
Committee of the Whole agenda.
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January 11, 2005
ADJOURNMENT
Buckmaster moved to adjourn at 10:22 P.M. Salentine seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Janice Moyer, CMC, CMTW
Clerk-Treasurer