CCM20050628
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD JUNE 28, 2005 Audio available
The meeting was called to order at 8:25 PM by Mayor Damaske. Also present
were Ald. Madden, Schroeder, Salentine, Melcher, Borgman, Buckmaster,
Patterson, City Attorney Molter, and Clerk-Treasurer Moyer. The Pledge of
Allegiance was recited at the Public Hearing prior to the Common Council
Meeting.
Several agenda items were moved. The agenda items moved are in the order
listed below. There were no objections from the Common Council.
NEW BUSINESS
Reso. #122-2005 Honoring City of Muskego Eagle Scout Kyle Krejci.
Salentine moved for adoption. Borgman seconded. Motion carried 7-0. Kyle
Krejci addressed the Mayor and Common Council informing them of his Eagle
Scout project that was building two duck hutches for the Wild Life In Need
Center located in Oconomowoc.
Reso. #123-2005 Recognition of 25 Years of Service Judith M. Stuckart-
Muskego Police Department. Schroeder moved for adoption. Melcher
seconded. Motion carried 7-0.
Reso. #124-2005 Recognition of 25 Years of Service Mary B. McGurk-
Muskego Police Department. Schroeder moved for adoption. Salentine
seconded. Motion carried 7-0.
Reso. #139-2005 Initial Resolution Authorizing the Borrowing of Not to Exceed
$33,168,178; Providing for the Issuance and Sale of General Obligation
Securities Therefore; and Levying a Tax in Connection Therewith. Salentine
moved for adoption. Madden seconded. Interim Finance Director, Sharon
Mueller, explained that this Resolution is in effect for five years. A previous
Resolution adopted in 2003 would be replaced by Resolution 139-2005.
Michael Harrigan from Ehlers and Associates also address the Common
Council. He stated that many communities are adopting this type of resolution to
protect their ability to undertake projects in the future. The state budget bill may
cause debt authorized after July 1, 2005, to be subject to levy limits or the debt
may need to be approved by referendum. The Resolution includes the cost of
items that were already listed in the City’s five-year capital improvement plan.
Any borrowing would require individual approval at a later date. This Resolution
preserves the Common Council’s ability to issue debt at a later date under the
current law. Motion carried 5-2, with Schroeder and Buckmaster voting no.
STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance
with the open meeting law on June 24, 2005, and as amended on June 27, 2005.
NOTICE OF CLOSED SESSION
Clerk-Treasurer Moyer read the notice of Closed Session as follows. Please
take notice that following Reso. #124-2005, the Common Council will convene,
upon passage of the proper motion, 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. Action may be taken
in closed session. The Common Council will then reconvene into open session
to continue with agenda items.
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. Borgman seconded. Motion carried 7-0.
The City Attorney and Clerk-Treasurer were dismissed.
Salentine moved to reconvene into open session at 8:55 PM. Madden
seconded; motion carried.
APPROVAL OF MINUTES
Salentine moved for approval of the 6/14/2005 minutes. Madden seconded.
Motion carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Four businesses have contributed to the Towne Hall project. They are Wiza
Industries $1,000, Gordon Flesch Co. $200, Jetz $250, and G&G pledged the
balance of their developers deposit.
An ad hoc committee to address senior needs in Muskego is in the process of
being organized. Four seniors and one other resident have volunteered for the
committee. The Mayor is looking for one more member. Parks and Recreation
Director, Craig Anderson, is the City staff person who will be working with the ad
hoc committee.
ACCEPTANCE OF COMMITTEE REPORTS
Salentine moved for acceptance of the 6/22/2005 and 6/28/2005 Finance
Committee minutes. Madden seconded. Motion carried 7-0.
Buckmaster moved for acceptance of the 6/20/2005 and 6/28/2005 Public Works
minutes. Melcher seconded. It was noted that the 6/20/2005 minutes were
amended at the Public Works meeting. The discussion that took place at the
6/28/2005 meeting regarding Lembezeder Drive was deferred. Motion carried 7-
0.
Schroeder moved for acceptance of the 6/20/2005 Public Utilities Committee
minutes. Madden seconded. Schroeder asked for a correction. The second for
the motion to adjourn, should be Schroeder instead of Madden. Motion carried
7-0.
REVIEW OF COMMITTEE REPORTS
The following minutes were received and placed on file:
Teen Advisory Board - 5/19/2005
Parks and Recreation Board - 6/13/2005
Plan Commission - 6/21/2005
Conservation Commission - 6/21/2005
Library Board - 5/25/2005
Community Development Authority - 6/13/2005
Melcher was asked to put on the next Common Council agenda placement of a
sign at the Idle Isle launch prohibiting powerboats from using motors while
loading and unloading, until they are in the water. The launch is being damaged
by powerboats using motors when they are put on a boat trailer. The sign
ordinance would need amending to allow the sign. The Mayor stated that it
would be checked to see where this discussion should take place. Buckmaster
stated that Public Works would have jurisdiction over this ordinance.
OLD BUSINESS
Reso. #120-2005 Approval of Amendment No. 1 to Retention Pond
Maintenance Agreement and Stormwater Management Plan for Fireside Orchard
Subdivision. On the floor, deferred 6/14/2005. Buckmaster stated that he would
like the City to see covenants for new subdivisions in the future. Motion carried
7-0.
NEW BUSINESS
Reso. #125-2005 Authorize Execution of Labor Agreement between City
Hall/Library Unit of Local 2414 AFSCME and the City of Muskego - January 1,
2004 - December 31, 2005. Buckmaster moved for adoption. Melcher
seconded. Motion carried 7-0.
Reso. #126-2005 Authorize Execution of Labor Agreement between
Telecommunicators Unit of Local 2414 AFSCME and the City of Muskego –
January 1, 2004 - December 31, 2005. Salentine moved for adoption. Madden
seconded. Motion carried 7-0.
Reso. #127-2005 Resolution to Retain Special Prosecutor. Salentine moved
for adoption. Borgman seconded. Motion carried 7-0.
Reso. #128-2005 Approval of Lions Club Pavilion Agreement between the City
of Muskego and Muskego Festival Committee. Melcher moved for adoption.
Salentine seconded. Motion carried 7-0.
Reso. #129-2005 Approval of Final Plat, Subdivider’s Agreement and Letter of
Credit for Crystal Lake. Schroeder moved for adoption. Madden seconded.
Motion carried 6-0-1, with Buckmaster abstaining.
Reso. #130-2005 Authorize Construction of a Retail Convenience Center in
the Redevelopment District No. 2 Project Area. Buckmaster moved for adoption.
Madden seconded. Motion carried 7-0.
Reso. #131-2005 Approval of Agreement with SBC Global Services, Inc. for
Centrex Contract. Salentine moved for adoption. Madden seconded. Motion
carried 7-0.
Reso. #132-2005 Approval of SBC CompleteLink Contract. Salentine moved
for adoption. Madden seconded. Motion carried 7-0.
Reso. #133-2005 Approval of Various License Applications for the City of
Muskego for the Licensing Period July 1, 2005 to June 30, 2006. Salentine
moved for adoption. Melcher seconded. Motion carried 7-0.
Reso. #134-2005 Appointment of Citizen Member to Library Board. Salentine
moved for adoption. Madden seconded. Motion carried 7-0.
Reso. #135-2005 Approval of Well #9 Agreement. Schroeder moved for
adoption. Madden seconded. Motion carried 7-0.
Reso. #136-2005 Approval of Agreement to Assume Certain Assets and
Liabilities of Lakewood Homeowners and Water Association, Inc. and to
Incorporate Said Water System into a Municipal System. Schroeder moved for
adoption. Patterson seconded. Motion carried 7-0.
Reso. #137-2005 Resolution Confirming the Selection of Plan Director for the
City of Muskego. Salentine moved for adoption. Madden seconded. The Interim
Plan Director, Jeffrey Muenkel, received a planning certification and was given a
merit increase for it. The amount was a 1.5 % increase. Schroeder questioned
why the merit increase was given mid-term. He stated that the planning
certification was supposed to make Jeffrey Muenkel eligible to be plan director
and that the Common Council did not approve a merit increase for attaining the
planning certification. Buckmaster and Madden agreed with the action taken by
the Mayor. They felt it was a good motivator for employees. Melcher did not
agree with the action and felt it could create poor morale among City staff by
singling certain positions out for a mid-term increase. Motion carried 6-1, with
Melcher voting no.
Reso. #138-2005 Resolution of Intent to Create Two Sewer Utility Districts.
Salentine moved for adoption. Madden seconded. The Mayor, Clerk-Treasurer
Moyer, and Building and Planning Director McMullen were asked to set the date
for the public hearing. Motion carried 7-0.
Ord. #1196 An Ordinance to Amend the Zoning Map of the City of
Muskego and 2010 Comprehensive Plan (Schill A to B-2) –
first reading.
LICENSES
Approval of Regular, Renewal and Temporary Operators. Melcher moved for
approval of the following operator’s licenses. Salentine seconded. Motion
carried.
RENEWAL
Allison Ransom April Kennedy
Suzette Roushia Sharon Faherty
Donne Mae Morris Belinda Smalley
Lynn Cira Clark Fischer
Kathleen Rynders Arvid Patel
Sally Mane Kathy Burk
Eric Sautbine Linda Rondeau
Michael Sommers Jessica Zaren
James Lovald (Approved 6/22/2005 FC) Jeffery Fohr
Matthew Wyland Laurie Myles
Leonard Pilak Christopher Marks
Debra Berthelsen Marissa Kramer
Sandra Gollwitzer James Gollwitzer
Rhonda Mead
NEW
Vanessa Szpara Kimberly Verburgt
David Lewis Billie Jo Peterson
John Strasser Jeffrey Strasser
April Kumlien Carey O’Connell
Mark Morin Andrew Peterson
TEMPORARY
Cynthia Krauss
Robert Bankenbusch
Temporary “Class B”/Class “B” Retailers’ License for the Sale of Fermented Malt
Beverages and Intoxicating Liquors Muskego Community Festival, Inc. -
8/26/2005, 8/27/2005 and 8/28/2005. Melcher moved for approval. Salentine
seconded. Motion carried.
VOUCHER APPROVAL
Approval of General Vouchers. Melcher moved for approval of General
Vouchers, $604,610.10. Salentine seconded. Motion carried 7-0.
Approval of Utility Vouchers. Schroeder moved for approval of Utility Vouchers,
$139,582.35. Salentine seconded. Motion carried 7-0.
Approval of Tax Checks – none.
CITY OFFICIALS’ REPORTS
Clerk-Treasurer Moyer asked the Common Council members to review the draft
of the July meeting calendar. Cathie Anderson should be notified of any
changes.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED
BY LAW
Ald. Melcher asked to have two items added to the July 14 Committee of the
Whole Meeting agenda; Contracts coming forward to the City, and aldermen
putting agenda items on the Common Council agendas. He also asked to be
excused from the July 6 Finance Committee Meeting.
Ald. Patterson questioned Attorney Molter regarding when aldermen can contact
him for legal opinions or advice. Attorney Molter stated that Wis. Stats. 62.09
lists the statutory duties of the city attorney. He stated that past policy has been
to funnel questions through the Mayor to eliminate duplication. He feels
obligated to respond to all requests from city officials. The policy as to how that
happens is a Common Council matter.
Ald. Patterson also asked how to phrase a resolution at Committee of the Whole
so that it is automatically acted on by the council or appropriate department.
Attorney Molter stated that the Committee of the Whole can direct the Mayor to
put something on a Common Council agenda.
Ald. Patterson asked if the City is liable if CGI Communications does not receive
the response from the community they estimate. Attorney Molter stated that he
was unable to answer the question.
ADJOURNMENT
Salentine moved for adjournment. Buckmaster seconded. Motion carried at
10:40 PM
Respectfully submitted,
Janice Moyer, CMC, CMTW
Clerk-Treasurer