CCM20050510
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD MAY 10, 2005
The meeting was called to order at 7:49 PM by Mayor Damaske. Also present were
Ald. Melcher, Borgman, Buckmaster, Madden, Patterson, Salentine and Schroeder, City
Attorney Molter, 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 5/6/2005. The Clerk-Treasurer noted that the
Council would convene into closed session following Communications and
Miscellaneous Business.
APPROVAL OF MINUTES
Salentine moved for approval of the 4/26/2005 minutes. Melcher seconded; motion
carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Clerk read the following Proclamations: American Legion Auxiliary Poppy Days -
May 20 and 21, 2005 and National Safe Boating Week - May 21 to May 27, 2005.
The Mayor stated that Resolutions #93-2005 and #97-2005 would be taken out of order.
ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS
Salentine moved for acceptance of the 5/4/2005 and 5/10/2005 Finance Committee
minutes. Melcher seconded; motion carried.
Salentine moved for acceptance of the 4/26/2005 Public Works Committee minutes.
Borgman seconded; motion carried. It was clarified that the Common Council will
review the Building Inspection position because a start date earlier than July 1 has been
requested.
Minutes of the 5/2/2005 Community Development Authority, 5/3/2005 Plan Commission
and 4/21/2005 Police & Fire Commission were received and placed on file.
NEW BUSINESS
Reso. #093-2005 - Honoring City of Muskego Eagle Scout Nicholas Cichucki. Salentine
moved for adoption. Madden seconded. Motion carried 7-0. Mayor Damaske
presented the resolution to Nicholas.
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 4/26/2005. Buckmaster moved to defer pending Committee of the
Whole discussion. Schroeder seconded; motion carried.
Ord. #1194 - An Ordinance to Amend the Zoning Map of the City of Muskego (Rustic
Trail Estates Subdivision - RCE to RCE/COPD). Second Reading. Buckmaster moved
for adoption. Salentine seconded. Schroeder stated he would abstain because of a
Common Council Minutes Page 2
May 10, 2005
personal relationship with the developer. Buckmaster stated that when the Plan
Commission and Council review the Comprehensive Plan, the decisions are based
upon protection of the public interest and prevention of nuisance to private interests as
well. They consider: (1) the effect of the proposed amendment to the entire
municipality; (2) the changes in community characteristics that may take place because
of the change; (3) justification for the change; and (4) is the amendment designed to
correct an improper situation. He noted his concerns were that this was a cluster
development that would engender a concentration of population that would lead to
higher density, there was no threat to the conservation areas located within the
proposed development, and that the area needs to stay RCE. He recommends denial.
Melcher stated he met with 21 constituents and the people were overwhelmingly against
the rezoning. We need to listen to the people and preserve the area as it is for both the
wildlife and the residents in the area. He also recommends denial. Motion to adopt
defeated 6 against and Schroeder abstaining. It was determined that the preliminary
plat for Rustic Trail would be discussed next.
Reso. #098-2005 - Consideration of Preliminary Plat - Rustic Trails Subdivision.
Buckmaster moved for adoption to reject the plat. Melcher seconded. The following
reasons were stated for rejection: (1) the existing zoning does not fit the proposed land
division; (2) the effect on the entire municipality; (3) changes in community
characteristics that may take place; (4) wishes of the existing residents in the area; (5)
preservation of the area and maintenance cost to the City for the conservation area; (6)
change does not fit in with the existing lots. Madden moved to amend the resolution to
include the stated reasons for rejection. Melcher seconded; motion carried. Reso.
#098-2005, as amended, adopted 6 in favor and Schroeder abstaining.
Ord. #1192 - An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan of
the City of Muskego (Watson - RSE to RS-2). Second Reading. Buckmaster moved for
adoption. Salentine seconded. Motion carried 7-0.
NEW BUSINESS (Continued)
Reso. #097-2005 - Resolution to Temporarily Increase Part-Time Hours - Finance
Department. Salentine moved for adoption. Melcher seconded. Buckmaster requested
a date be included in the resolution to allow the issue to be reviewed in the future.
Schroeder moved to amend to include that the approval is subject to review in six
months. Salentine seconded; motion carried. Reso. #097-2005, as amended, adopted
7-0.
Reso. #076-2005 - Appointment of Citizen Members to Board of Appeals (H. Schmidt
and B. Blumenfield). Schroeder moved for adoption. Salentine seconded. Motion
carried 7-0.
Reso. #077-2005 - Appointment of Citizen Members to Library Board (C. Gore, T. Uttke
and S. Oneson). Schroeder moved for adoption. Madden seconded. Motion carried 7-
0.
Reso. #078-2005 - Appointment of Citizen Member to Police and Fire Commission (E.
Gleason). Buckmaster moved for adoption. Madden seconded. Discussion ensued
regarding why Michael Kuwitzky was not being reappointed. Mayor Damaske stated he
Common Council Minutes Page 3
May 10, 2005
is appointing Mr. Gleason because of his involvement in various areas of homeland
security. Concern was expressed about a new member being appointed to the
commission because of outstanding legal issues. Borgman believed Mr. Kuwitzky’s
knowledge and experience were important to the commission at this time. Buckmaster
stated the new appointment is not a reflection on Mr. Kuwitzky; the appointment is the
Mayor’s privilege. Melcher agreed with Borgman regarding the value of retaining Mr.
Kuwitzky.
Schroeder praised Mr. Kuwitzky’s integrity and willingness to serve on the commission.
While Mr. Gleason is a very good candidate for the Police and Fire Commission, it was
his belief that Mr. Kuwitzky should be reappointed. The City will lose a valuable asset
and a willing participant. Madden agreed that the City will be losing a great individual.
However, she supports the Mayor’s appointment. Patterson requested deferral to give
him an opportunity to speak to Mr. Gleason. Salentine stated Mr. Kuwitzky has been an
asset. She did not support the item being deferred and called for the question. The
vote to call for the question was 4-3 with Madden, Salentine, Melcher and Borgman
voting “yes” and Schroeder, Buckmaster and Patterson voting “no.” Discussion
continued with Buckmaster stating he holds high the idea of executive privilege. This
has nothing to do with the past individual who served on the commission; the seat is
now vacant. The Council cannot force the Mayor to bring a specific name forward.
Patterson moved to defer. Schroeder seconded. Motion to defer failed 4-3 with and
Schroeder, Melcher and Patterson voting “yes” and Madden, Borgman, Buckmaster and
Salentine voting “no.” Schroeder asked for privilege of the floor for Mr. Kuwitzky to
address the Council. Salentine objection. Motion to confirm Edward Gleason as a
member of the Police and Fire Commission carried 4-3 with Madden, Schroeder,
Salentine and Buckmaster voting “yes” and Melcher, Borgman and Patterson voting
“no.”
Reso. #082-2005 - Appointment of Members to the Conservation Commission.
Salentine moved to defer. Madden seconded; motion carried.
Reso. #094-2005 - Accepting Muskego Sun as the Official Newspaper of the City of
Muskego. Salentine moved for adoption. Madden seconded. Motion carried 7-0.
Reso. #095-2005 - Approval of Certified Survey Map - Watson. Buckmaster moved for
adoption. Salentine seconded. Motion carried 7-0.
Reso. #096-2005 - Resolution to Approve Notice Terminating Tenancy (Muskego
Historical Society, Inc.). Mayor Damaske stated there are several issues regarding the
Muskego Historical Society that need to be resolved, including its by-laws, non-profit
status and maintenance of the various buildings. He asked for a 90-day deferral to
clarify the outstanding issues. Mr. McMullen is working with the society to obtain quotes
for the repairs that need to be done. The work will have to be publicly bid. Discussion
took place regarding the society’s historical days held in July. Schroeder suggested a
60-day deferral to see if the issues could be resolved prior to the July event. Patterson
suggested placing the item on a special Committee of the Whole agenda. Mr. McMullen
told him there were certain things the society could do that would help move things
along. If we don’t start communicating for a month or two, we are crippling everyone.
Salentine stated that the existing lease is in place. Schroeder withdrew his suggestion
regarding a 60-day deferral with the stipulation that the issue be reviewed at the July
Common Council Minutes Page 4
May 10, 2005
Committee of the Whole meeting. Melcher requested Mr. McMullen provide a
timeframe regarding the public bidding process. Salentine moved for adoption.
Borgman seconded. Salentine moved to defer for 90 days. Melcher seconded. Motion
carried 7-0.
LICENSES
Melcher moved for approval of an Operator’s License for Shizuko Gregoric, Marvin
Strasser, Marilyn Hagen, Lisa Kisting, and Ryan Schlueter-Beckner (with a 3, 6, 9 and
12-month review). Salentine seconded; motion carried. Melcher moved for approval of
a Class “A” Retailer’s License for the Sale of Fermented Malt Beverages for Johnny’s
Petroleum Products, Inc. Salentine seconded; motion carried.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$432,234.93. Salentine seconded. Motion carried 7-0. Schroeder moved for approval
of payment of Utility Vouchers in the amount of $30,437.71. Salentine seconded.
Motion carried 7-0. Melcher moved for approval of Tax Checks in the amount
$2,044,901.84. Salentine seconded. Motion carried 7-0.
Buckmaster 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. Salentine seconded. Motion carried 7-0. The City Attorney, Clerk-Treasurer and
Deputy Clerk were dismissed.
Buckmaster moved to reconvene into open session at 9:54 PM. Melcher seconded;
motion carried. Melcher moved to adjourn at 9:54 PM. Patterson seconded; motion
carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Janice Moyer, CMC, CMTW
Clerk-Treasurer