CCM20051025
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD OCTOBER 25, 2005
The meeting was called to order at 8:29 PM by Mayor Damaske. Present were Ald.
Melcher, Borgman, Buckmaster, Madden, Patterson, Schroeder and Salentine, City
Attorney Molter, City Administrator Sheiffer, Engineering/Building Inspection Director
McMullen, Clerk-Treasurer Moyer, Atty. Carlton and Deputy Clerk Blenski. Those
present recited the Pledge of Allegiance. The Mayor stated the meeting was noticed in
accordance with the open meeting law. The Clerk read the closed session notices.
APPROVAL OF MINUTES
Salentine moved for approval of the 10/11/2005 minutes. Schroeder seconded; motion
carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Damaske noted that the Finance Director received an adjusted levy limit
worksheet from the Department of Revenue. The worksheet reflects that the levy could
be increased by $119,000. The Mayor stated adjustments could be made prior to
adoption of the budget. Buckmaster noted his preference to reduce the amount and not
increase it.
NEW BUSINESS
Reso. #189-2005 - Honoring Muskego AFS-USA Student Kathy Torrico Ribera.
Salentine moved for adoption. Schroeder seconded. Motion carried 7-0. The Mayor
presented the resolution to Kathy.
Reso. #190-2005 - Honoring Muskego AFS-USA Student Teresa Haider. Salentine
moved for adoption. Madden seconded. Motion carried 7-0. The Mayor presented the
resolution to Teresa.
Reso. #191-2005 - Recognition of 25 Years of Service - Charlene Lenzen - Muskego
Public Library. Patterson moved for adoption. Schroeder seconded. Motion carried 7-
0. Mayor Damaske presented the resolution to Charlene who made a few brief
comments about her years of service to the library. Schroeder complimented Charlene
for her outstanding customer service.
OLD BUSINESS
Ord. #1199 - An Ordinance to Amend the Zoning Map of the City of Muskego (Borchardt
- RS-2, RSA and RSA/OIP to RS-2, RSA and RSA/OIP). On the floor, deferred
10/11/2005. Borgman recused himself while this issue was discussed. Buckmaster
stated he was directed to solicit input from people in the surrounding area. He received
26 e-mails. The proposed change detracts from the current plan because it minimizes
the buffer area between residential and commercial and it maximizes the visibility and
exposure of the RSA area. However, he does not have a compelling argument for
denial of the rezoning. He would like the Council to support the following statement to
be forwarded to the Plan Commission, “We the Council would like to make it known in
the minutes that the area residents of the proposed rezoning have some items of
concern that they would like to have passed on to the Plan Commission. The Aldermen
Common Council Minutes Page 2
October 25, 2005
of Muskego have received concerns from the residents in the surrounding subdivisions
regarding any Building, Site & Operation (BSO) plan that will tentatively be placed along
Martin Drive on the current or existing Borchardt property. The Council would like the
Plan Commission to examine and address where possible the following concerns to the
best of their ability. The Council would like to ask the Plan Commission to please keep
the residents in mind when the plans for a BSO are submitted to the Commission for
review.” Buckmaster further asked that residents of the surrounding area be allowed to
speak at future Plan Commission meetings regarding any BSO for any proposed
development in that area. Motion carried 5 to 1 with Patterson voting no and Borgman
abstaining.
Ord. #1204 - An Ordinance to Amend the Zoning Map of the City of Muskego (Brian
Schoenleber - RSE and R-2 to RS-2). Second Reading. Buckmaster moved for
adoption. Salentine seconded. Buckmaster stated that the Plan Commission
unanimously recommended denial for the following reasons: noncompliance with the
2010 Comprehensive Plan; the current zoning of RSE found on the southern portion of
the property meets the intent of the future comprehensive plan and is seen as more
favorable; the RS-2 zoning is too intense for the immediate area north of Ryan Road
and is out of character with the development intended for this area. Schroeder stated
he would support the recommendation of the Plan Commission for the reasons stated.
Salentine stated she also would vote no for the same reasons. Borgman, Patterson,
Madden and Melcher also stated they would vote no because the proposed rezoning is
out of character for the area. Motion defeated 7-0.
NEW BUSINESS Continued
Reso. #195-2005 - Approval of Agreement Between the City of Muskego and Water
Bugs Ski Team, Inc. for Use of Idle Isle Park and Idle Isle Pavilion. Salentine moved for
adoption. Borgman seconded. Schroeder stated his intent to send the issue back to
the Parks & Recreation Board. He still has concerns regarding the proposed
agreement. Schroeder moved to defer to the 11/22 Council meeting. Patterson
seconded. Motion carried with Salentine voting “no.”
ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS
Salentine moved for acceptance of the 10/19/2005 and 10/25/2005 Finance Committee
minutes. Madden seconded; motion carried.
Buckmaster moved for acceptance of the 10/17/2005 and 10/25/2005 Public Works
Committee minutes. Borgman seconded. Buckmaster moved for individual
consideration of paragraph regarding “Drawdown of Little Muskego Lake/Big Muskego
Lake” (Page 3) in the 10/17 minutes. Borgman seconded; motion carried. Discussion
took place regarding the Settlement Center (Old Town Hall) issue. Mr. McMullen stated
he would be able to issue an occupancy permit for the lower level as soon as the work
is completed. The Mayor confirmed that the “Treasure the Holiday” event is not in
jeopardy. Motion to accept minutes without said paragraph carried.
Minutes of the 10/10/2005 Parks and Recreation Board, 10/18/2005 Plan Commission
and 9/28/2005 Library Board were received and placed on file.
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October 25, 2005
Borgman moved to convene into closed session pursuant to Wis. Stats. §19.85 (1)(g),
Conferring with legal counsel for the governmental body who is rendering oral or written
advice concerning strategy to be adopted by the body with respect to litigation in which
it is or is likely to become involved, more specifically Notice of Claim from the
Department of Natural Resources and Notice of Claim from William Carity regarding fill
material at Northfield Green development. Madden seconded. Motion carried 7-0. Mr.
McMullen and Atty. Carlton were present for closed session. The Clerk-Treasurer and
Deputy Clerk were not present for closed session. Atty. Molter was dismissed.
Borgman moved to reconvene into open session at 10:25 PM. Madden seconded.
Motion carried 7-0. Mr. McMullen and Atty. Carlton were dismissed. The Clerk-
Treasurer and Deputy Clerk returned to the meeting.
OLD BUSINESS Continued
Reso. #175-2005 - Approval of Settlement and Release Agreement between the City of
Muskego and Laura Becker. On the floor, deferred 10/11/2005. Schroeder moved to
defer. Melcher seconded; motion carried.
Ord. #1205 - An Ordinance to Amend the Zoning Map of the City of Muskego (Bryon
Hrin - EA to RCE and A). Second Reading. Salentine moved for adoption. Borgman
seconded. Buckmaster noted that the Plan Commission recommended approval. He
clarified that the four proposed lots would not have access to Parker Drive. All
driveways will come off a private drive. Buckmaster stated the Public Works Committee
now has a policy regarding standards for unimproved roads. The first 50’ of the road off
of the improved road must be paved. If any further land division is proposed, full
improvement of the road will be required of the developer. Schroeder asked that the
Public Works Committee look at where the ditch line water is going when storm water
issues are reviewed. Motion carried 7-0.
NEW BUSINESS Continued
Reso. #192-2005 - Approval of Condominium Plat - Building No. 19 in Lake Ridge
Apartments, A Condominium. Buckmaster moved for adoption. Schroeder seconded.
Motion carried 7-0.
Reso. #193-2005 - Approval of Certified Survey Map - Loughney, Town of Vernon.
Schroeder moved for adoption. Patterson seconded. Motion carried 7-0.
Reso. #194-2005 - Approval of Subdivider’s Agreement, Letter of Credit and Final Plat -
Copper Oaks Subdivision. Salentine moved for adoption. Borgman seconded. Motion
carried 7-0.
Reso. #196-2005 - Award of Bid - Kelsey Drive Water Quality Pond. Patterson moved
for adoption. Schroeder seconded. Motion carried 7-0.
Reso. #197-2005 - Disallowance of Claim - Time Warner Cable. Schroeder moved for
adoption. Salentine seconded. Motion carried 6 in favor and Patterson voting no.
Common Council Minutes Page 4
October 25, 2005
Reso. #198-2005 - Resolution to Establish Traffic Regulations. Buckmaster moved for
adoption. Schroeder seconded. Motion carried 7-0.
Reso. #199-2005 - Approval of Certified Survey Map - Gnacinski. Schroeder moved for
adoption. Buckmaster seconded. Motion carried 7-0.
Reso. #200-2005 - Approval of Certified Survey Map - Hrin. Schroeder moved for
adoption. Salentine seconded. Motion carried 7-0.
Ord. #1206 - An Ordinance to Establish Salaries for Certain Elected Officials. First
Reading. Schroeder requested research be done regarding the judge’s salary.
LICENSES
Melcher moved for approval of the following regular operators’ licenses.
Kelly Banach Christine Smith
James O’Dwyer Amanda Sopa
Beth Plummer Theresa Wierzba
Joshua Pelzek with 3, 6, 9 & 12 month review
Salentine seconded; motion carried.
Melcher moved for approval of Temporary “Class B”/Class “B” Retailers’ License for St.
Leonard Congregation for 11/12/2005. Patterson seconded. Motion carried 7-0.
Melcher moved for amendment to licensed premise (to include main building and
parking lot and horseshoe area until midnight) and Class “A” Dance Hall license for
Muskego Moose Lodge #1057. Salentine seconded. Motion carried 7-0.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$537,611.84. Salentine seconded. Motion carried 7-0. Schroeder moved for approval
of payment of Utility Vouchers in the amount of $545,700.03. Buckmaster seconded.
Motion carried 7-0.
CITY OFFICIALS’ REPORTS
City Administrator Sheiffer reviewed a report she submitted to the Council. She
indicated that she has completed her meetings with the Aldermen and Department
Heads to receive input. She will summarize the comments she received so the Council
can prioritize the projects that it wants her to work on. She encouraged the Aldermen to
bring forward any questions or concerns.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
The November calendar was reviewed. It was determined that the December 27, 2005
Council meeting would be canceled.
Salentine moved to convene into closed session pursuant to Wis. Stats. §19.85(1)(c)
Considering employment, promotion, compensation or performance evaluation data of
any public employee over which the governmental body has jurisdiction or exercises
Common Council Minutes Page 5
October 25, 2005
responsibility, more specifically the 2006 - 2007 Labor Agreements for all bargaining
units. Borgman seconded. Motion carried 7-0. The Clerk-Treasurer and Deputy Clerk
were dismissed.
Borgman moved to reconvene into open session at 11:34 PM. Madden seconded.
Motion carried 7-0.
ADJOURNMENT
Borgman moved to adjourn at 11:34 PM. Melcher seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Janice Moyer, CMC, CMTW
Clerk-Treasurer