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CCM20050426 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD APRIL 26, 2005 The meeting was called to order at 8:21 PM by Mayor Damaske. Also present were Ald. Melcher, Borgman, Buckmaster, Madden, Patterson, Salentine and Schroeder, City Attorney Molter, Interim Plan Director Muenkel, Clerk-Treasurer Moyer and Deputy Clerk Blenski. Those present recited the Pledge of Allegiance. The Clerk stated the meeting was noticed in accordance with the open meeting law on 4/22/2005. The Clerk-Treasurer read the closed session notice. APPROVAL OF MINUTES Salentine moved for approval of the 4/12/2005 and 4/19/2005 minutes. Madden seconded. Schroeder requested correction on second page of the 4/19 minutes to reflect the vote on the third ballot for Council President to be “Melcher 4 and Schroeder 2.” Motion to approve minutes as corrected carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE Friday, April 29, 2005 was proclaimed “Arbor Day” by Mayor Damaske. The Mayor announced his committee appointments. It was noted that Resolutions #76-2005, #77- 2005, #78-2005 and #82-2005 would be removed. Discussion ensued regarding the recently adopted ordinance, which allows for an appointment of the Mayor to be overridden by a supermajority of six members. Atty. Molter stated the ordinance language refers to an appointment by the Mayor to Standing or Special Committees. However, clarification is needed regarding appointments to special committees as some of the Mayor’s appointments are required to be confirmed by the Council. It was noted that Reso. #073-2005 was on the agenda and appointed aldermanic representatives to the Library Board, Parks & Recreation Board, Conservation Commission and Community Development Authority subject to confirmation of the Council. No motion was made to override any of the Mayor’s appointments. Schroeder requested clarification at a future Committee of the Whole meeting. Patterson commented that he felt someone else could do a better job on the Teen Advisory Board but he would accept the appointment. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Melcher moved for acceptance of the 4/20/2005 and 4/26/2005 Finance Committee minutes. Schroeder seconded. Melcher requested the following correction under Review Request for Unified Messaging System paragraph on Page 2: “SB” should be “SBC.” Motion to accept minutes with correction carried. Salentine moved for acceptance of the 4/18/2005 Public Works Committee minutes. Schroeder seconded; motion carried. Patterson moved for acceptance of the 3/21/2005 Public Utilities Committee minutes. Schroeder seconded. Schroeder moved for individual consideration of the Water Service for Valley View Estates issue and to send it back to committee until research is complete. Madden seconded; motion carried. Motion to accept minutes without said paragraph carried. Common Council Minutes Page 2 April 26, 2005 Minutes of the 4/11/2005 Parks and Recreation Board, 4/13/2005 Community Development Authority and 4/19/2005 Plan Commission were received and placed on file. OLD BUSINESS Ord. #1190 - An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan of the City of Muskego (A to RS-2/OPD - Towne Realty/Woodland Creek Addition 1). On the floor, deferred 4/12/2005. Buckmaster moved to defer because he has placed on the next Committee of the Whole agenda. Patterson seconded; motion carried. Ord. #1191 - An Ordinance to Amend the Zoning Map of the City of Muskego to Include the OWP Wellhead Protection Overlay District (Champions Village Subdivision). On the floor, deferred 4/12/2005. Motion to adopt carried 7-0. Ord. #1192 - An Ordinance to Amend Chapter 37 to Repeal Section 37.06 and Amend Chapter 1, Section 1.05 (9) of the Municipal Code of the City of Muskego (Urban Forestry Committee/Conservation Commission. Second Reading. Schroeder moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #072-2005 - Resolution to Amend the Muskego Sanitary Sewer Service Area. Patterson moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #073-2005 - Appointment of Aldermen. Schroeder moved for adoption. Madden seconded. Motion carried 7-0. Reso. #074-2005 - Appointment of Weed Commissioner (Wayne Delikat) for the City of Muskego. Salentine moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #075-2005 - Declaring Certain Weeds to be Noxious. Borgman moved for adoption. Melcher seconded. Motion carried 7-0. The following resolutions were removed: Reso. #076-2005 - Appointment of Citizen Members to Board of Appeals Reso. #077-2005 - Appointment of Citizen Members to Library Board Reso. #078-2005 - Appointment of Citizen Member to Police and Fire Commission Reso. #082-2005 - Appointment of Members to the Conservation Commission Reso. #079-2005 - Appointment of Citizen Member to Plan Commission (Michael Michalski). Buckmaster moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #080-2005 - Appointment of Citizen Members to the Parks and Recreation Board (Richard Manchester and Kelly Koble). Schroeder moved for adoption. Madden seconded. Motion carried 7-0. Reso. #081-2005 - Appointment of Citizen Member to the Community Development Authority (Suzi Link). Salentine moved for adoption. Borgman seconded. Motion carried 7-0. Common Council Minutes Page 3 April 26, 2005 Reso. #083-2005 - Approval of Certified Survey Map - Moor, Town of Norway. Schroeder moved for adoption. Madden seconded. Motion carried 7-0. Reso. #084-2005 - Approval of Certified Survey Map - Stern. Buckmaster moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #085-2005 - Approval of Certified Survey Map - Kastello. Buckmaster moved for adoption. Melcher seconded. Motion carried 7-0. Reso. #086-2005 - Approval of Condominium Plat for Overlook Bay Apartments, Building #5. Melcher moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #087-2005 - Approval of Practice/Show Dates on Little Muskego Lake (Water Bugs Ski Team ). Melcher moved for adoption. Salentine seconded. Schroeder noted the number of practice and show dates are the same as last year. Motion carried 7-0. Reso. #088-2005 - Granting Placement of Water Ski Jump on Bed of Little Muskego Lake and Placement of Pier at Idle Isle (Water Bugs Ski Team). Salentine moved for adoption. Melcher seconded. Motion carried 7-0. Reso. #089-2005 - Approval of Lease Agreement between the City of Muskego and Water Bugs Ski Team, Inc. for Idle Isle Park Pavilion. Melcher moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #090-2005 - Approval of Subdivider’s Agreement and Letter of Credit Amount - Knudsen. Schroeder moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #091-2005 - Approval of Boxhorn Reserve Subdivision Development Model Home Agreement. Salentine moved for adoption. Melcher seconded. Mr. Muenkel stated a model home agreement is typically approved at the same time as the subdivider’s agreement. It allows building permits for certain lots to be obtained early while the development progresses. Motion carried 7-0. Reso. #092-2005 - Approval of Certified Survey Map, Subdivider’s Agreement and Letter of Credit Amount - Thota. Salentine moved for adoption. Madden seconded. Motion carried 7-0. Ord. #1194 - An Ordinance to Amend the Zoning Map of the City of Muskego (Rustic Trail Estates Subdivision - RCE to RCE/COPD). First Reading. Melcher noted this development was located in District 5 and opposition to the rezoning was expressed at the public hearing. Ord. #1195 - An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan of the City of Muskego (RSE to RS-2 - Watson). First Reading. LICENSES Melcher moved for approval of an Operator’s License for Jason Plew and Erica Thompson. Schroeder seconded. Motion carried 7-0. Common Council Minutes Page 4 April 26, 2005 VOUCHER APPROVAL Melcher moved for approval of payment of General Vouchers in the amount of $458,907.30. Schroeder seconded. Motion carried 7-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $542,023.16. Melcher seconded. Motion carried 7-0. Melcher moved for approval of Tax Checks in the amount $775. Salentine seconded. Motion carried 7-0. Melcher moved to convene into closed session at 9:17 PM pursuant to §19.85(1)(e) Wis. Statutes - Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session; more specifically land acquisitions along Janesville Road. Madden seconded. Motion carried 7-0. The Clerk, Deputy Clerk and City Attorney were dismissed. Salentine moved to reconvene into open session at 9:34 PM. Borgman seconded; motion carried. Melcher moved to adjourn at 9:34 PM. Borgman seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Janice Moyer, CMC, CMTW Clerk-Treasurer