CCM20050726
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD JULY 26, 2005
The meeting was called to order at 7:32 PM by Mayor Damaske. Also present were
Ald. Melcher, Borgman, Buckmaster, Madden, Patterson, and Schroeder, City Attorney
Molter, Clerk-Treasurer Moyer, Interim Finance Director Mueller and Deputy Clerk
Blenski. Ald. Salentine was excused. Those present recited the Pledge of Allegiance.
The Clerk stated the meeting was noticed in accordance with the open meeting law on
7/22/2005.
APPROVAL OF MINUTES
Borgman moved for approval of the 7/12/2005 minutes. Melcher seconded. Motion
carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Damaske announced additional contributions to the Town Hall/Settlement Center
project. Marine Time submitted a contribution in the amount of $100. In addition, a
letter was received from Inpro Corporation with a commitment of $30,000 in 2006.
ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS
Melcher moved for acceptance of the 7/20/2005 and 7/26/2005 Finance Committee
minutes. Madden seconded; motion carried.
Borgman moved for acceptance of the 7/18/2005 Public Works Committee minutes.
Buckmaster seconded; motion carried. Melcher noted a few minor corrections to be
made at the next committee meeting.
Patterson moved for acceptance of the 7/18/2005 Public Utilities Committee minutes.
Schroeder seconded; motion carried.
Minutes of the 7/11/2005 Parks & Recreation Board, 7/19/2005 Plan Commission and
7/12/2005 Community Development Authority were received and placed on file.
NEW BUSINESS
Reso. #153-2005 - Honoring City of Muskego Eagle Scout Ryan Agner. Schroeder
moved for adoption. Patterson seconded. Motion carried 6-0. Mayor Damaske
presented the resolution to Ryan who briefly described his Eagle Scout project.
OLD BUSINESS
Ord. #1196 - An Ordinance to Amend the Zoning Map of the City of Muskego and 2010
Comprehensive Plan (Schill - A to B-2). On the floor, deferred 7/12/2005. Motion to
adopt carried 6-0.
Ord. #1197 - An Ordinance to Amend the Zoning Map of the City of Muskego (Frey - A
to B-4). Second Reading. Madden moved for adoption. Schroeder seconded. Motion
carried 6-0.
Common Council Minutes Page 2
July 26, 2005
Ord. #1198 - An Ordinance to Amend the Zoning Map of the City of Muskego (Durham
Drive - RS-2/OHS to RS-2). Second Reading. Melcher moved for adoption.
Buckmaster seconded. Buckmaster stated the Plan Commission recommended
approval of the rezoning because the Committee of the Whole had studied the issue
and determined that none of the properties were utilizing the OHS overlay. Other
reasons cited were the future realignment of Durham Drive and the decrease in side
yard offsets, which help future development. In addition, the RS-2 zoning retains the
suburban character, which several people requested at the public hearing. The Plan
Commission did not approve the petition to retain the OHS overlay for the one parcel
(Tax Key No. 2213.984) because that was not compatible with the Comprehensive
Plan. The Plan Commission did not want to get into an issue of spot zoning. Atty.
Molter stated a letter was received from Atty. Greenberg on behalf of Mr. Birkley. The
objections outlined in the letter do not go to the rezoning but whether or not Mr. Birkley
has certain vested rights. The Plan Commission has not acted on those issues yet.
Whether the OHS stays or goes, Mr. Birkley would need approval for a Building, Site &
Operation Plan and a Conditional Use Grant, which would require a public hearing
before the Plan Commission. Motion carried 6-0.
NEW BUSINESS (Continued)
Reso. #146-2005 - A Resolution Amending the 2004 Budget of the City of Muskego.
Interim Finance Director Mueller stated this is the final amendment to the 2004 budget.
The amendment reflects an increase in total expenditures in the amount of $32,778.
The adjustment is for interest on the 2004 borrowing. The other adjustments of $10,500
to General Government and $96,000 to Public Safety were both offset to Contingency.
The $10,500 was a year-end adjustment to accrue for retroactive pay and health
allowance increases. The $96,000 adjustment is a combination of retroactive pay, costs
for additional contracted services, hydrant rental expense and wage allocations to other
funds. Madden moved for adoption. Melcher seconded. Motion carried 6-0.
Reso. #147-2005 - A Resolution Amending the 2005 Budget of the City of Muskego.
Interim Finance Director Mueller stated this amendment will maximize the level of
expenditures to cover any unanticipated costs. The amendments are $79,890 to
General Government for additional consultant services, $6,873 to Indebtedness for
additional interest on the 2005 borrowing, $15,281 in Transfers to Other Funds and the
balance to Contingency for potential lawsuits, unforeseen capital expenditures and
additional overhead costs for the administrator position. Madden moved for adoption.
Melcher seconded. Motion carried 6-0. Ms. Mueller was dismissed.
Reso. #148-2005 - Resolution of Support for Phase II of the Janesville Road
Reconstruction Project. Buckmaster moved for adoption. Patterson seconded. The
Mayor stated he may reconvene the Mayor’s Task Force to monitor the issue and obtain
input from citizens and businesses. Motion carried 6-0.
Reso. #149-2005 - Approval of Preliminary Plat - Woodland Creek Estates II.
Buckmaster moved for adoption. Madden seconded. Melcher moved to amend the
number of lots from 17 to 16. Buckmaster seconded; motion carried. Schroeder asked
where we are regarding the traffic study for Woodland I and II. Buckmaster stated the
City’s Public Works Director was asked to review the County’s traffic study for that area.
Mr. Jim Doering of Towne Realty was granted privilege of the floor. Mr. Doering stated
Common Council Minutes Page 3
July 26, 2005
Engineering/Building Inspection Director McMullen would contract for a traffic study with
the cost to be taken out of the Towne Realty Developer’s Deposit. That allows the City
to set the scope for the study. Reso. #149-2005, as amended, adopted 6-0.
Reso. #150-2005 - Authorizing the Placement of Telecommunicator at 36-Month Salary
Rate. Melcher moved for adoption. Schroeder seconded. Motion carried 6-0.
Reso. #151-2005 - Approval of Agreement for Software and Professional Services
Between Tyler Technologies, Inc. and the City of Muskego. Madden moved for
adoption. Schroeder seconded. Atty. Molter did not have an opportunity to review all
the exhibits. He does not approve of some of the contract language. Schroeder moved
to defer. Madden seconded; motion carried.
Reso. #152-2005 - Acceptance of Improvements - Rosewood Addition #1. Buckmaster
moved for adoption. Schroeder seconded. Motion carried 6-0.
LICENSES
Approval of Regular, Renewal and Temporary Operators. Melcher moved for approval
of the following operators’ licenses. Buckmaster seconded. Motion carried 6-0
NEW
Crystal Kellogg Stephen Panitzke
Danielle Sorensen
RENEWAL
Johanna Ackmann Julie Krueger
Ashley M. Smith
Melcher moved for approval of an Outside Dance Permit and Amendment to Premise
for Brick House Bar & Grill for 9/17/2005. Schroeder seconded; motion carried.
Melcher moved for approval of a Temporary Class “B” Retailer’s License for the Sale of
Fermented Malt Beverages for Muskego Volunteer Fire Co. Ladies Auxiliary for
9/24/2005. Schroeder seconded. Motion carried.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$567,618.34. Schroeder seconded. Motion carried 6-0. Schroeder moved for approval
of payment of Utility Vouchers in the amount of $192,537.84. Buckmaster seconded.
Motion carried 6-0. Melcher moved for approval of Tax Checks in the amount of
$2,117.62. Schroeder seconded. Motion carried 6-0.
CITY OFFICIALS’ REPORTS
The August calendar was reviewed.
Buckmaster moved to adjourn at 8:33 PM. Patterson seconded; motion carried.
Common Council Minutes Page 4
July 26, 2005
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Janice Moyer, CMC, CMTW
Clerk-Treasurer