CCM20051122
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD NOVEMBER 22, 2005
The meeting was called to order at 7:59 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 and Deputy Clerk Blenski. Those present recited the Pledge of Allegiance.
The Deputy Clerk stated the meeting was noticed in accordance with the open meeting
law.
APPROVAL OF MINUTES
Salentine moved for approval of the 11/8/2005 minutes. Melcher seconded; motion
carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Damaske reported that WE Energies would be hooking up the lights in Tess
Corners. The Mayor distributed a questionnaire regarding Committee of the Whole.
The Aldermen were requested to complete the questionnaire to provide input to the City
Administrator.
Reso. #211-2005 - Resolution Acknowledging the Muskego High School Girls’
Volleyball Team. Salentine moved for adoption. Buckmaster seconded. Motion carried
7-0. The Mayor presented the resolution to the team representatives.
Reso. #212-2005 - Resolution Acknowledging the Muskego High School Boys’ Soccer
Team. Patterson moved for adoption. Borgman seconded. Motion carried 7-0. Mayor
Damaske presented the resolution to the team representatives.
ACCEPTANCE OF COMMITTEE REPORTS
Salentine moved for acceptance of the 11/8/2005 and 11/16/2005 Finance Committee
minutes. Madden seconded; motion carried.
Schroeder moved for acceptance of the 11/14/2005 Public Utilities Committee minutes.
Patterson seconded; motion carried.
Buckmaster moved for acceptance of the 11/8/2005 Public Works Committee minutes.
Melcher seconded; motion carried.
Minutes of the 11/14/2005 Parks and Recreation Board, 11/15/2005 Plan Commission
and 10/26/2005 Library Board were received and placed on file.
OLD BUSINESS
Reso. #195-2005 - Approval of Agreement Between the City of Muskego and Water
Bugs Ski Team, Inc. for Use of Idle Isle Park and the Idle Isle Pavilion. On the floor,
deferred 10/25/2005. Schroeder asked if the other Council members thought a
maximum number of dates should be included in the Agreement. He suggests 15 show
and 31 practice dates. This would eliminate the political discussion that occurs every
spring. Salentine agreed with including a maximum but was not sure that one more
date in each category was enough. Borgman felt two additional show and practice
Common Council Minutes Page 2
November 22, 2005
dates was preferred with the organization having to come back if additional dates were
needed. Schroeder could support a maximum of 15 show dates and 32 practice dates.
He requested privilege of the floor for Mr. Christopher, President of the Water Bugs.
Buckmaster objected. Schroeder moved to amend to add, “A maximum number of
show dates will be set at 15 and practices will be set at 32 per calendar year” to Section
Three A. of the Agreement. Borgman seconded. Patterson asked why are we trying to
decide now what will be appropriate 10 years from now? He stated the issue should be
left up to the Parks and Recreation Board. We are pulling numbers out of the air.
Schroeder noted in addition to removing the annual discussion every spring having a
maximum number of dates was advantageous to the Water Bugs. Melcher agreed with
Patterson that the Parks and Recreation Board does a good job administering the issue;
it’s time to approve the contract. Buckmaster agreed. Motion defeated 5-2 with
Schroeder and Borgman voting yes. Buckmaster moved to amend the portion that the
Water Bugs will pay ($94,390) to reflect the action taken by the Finance Committee.
Salentine seconded; motion carried. Salentine moved to amend Section Twelve A. of
the Agreement to add “Complaints are substantiated by the Muskego Police
Department.” Schroeder seconded; motion carried. Schroeder asked what happens if
the contingency money is expended? The Mayor believed it would come out of Park
Dedication funds. Atty. Molter stated there is some escape language in the Agreement.
Mr. McMullen stated that once the walls start going up, the building must be finished
based on the permit issued by the Department of Commerce. Reso. #195-2005, as
amended, adopted 7-0.
Reso. #205-2005 - Approval of 2006 Sewer Utility Budget and Rates. On the floor,
deferred 11/8/2005 to obtain information regarding MMSD. Mr. McMullen stated the
change is that MMSD will borrow money to pay for capital projects. Schroeder stated
he supported an 8% rate increase. The Public Utilities Committee voted 2-1 to increase
the rates by 15%. Madden and Patterson explained the rationale of the Committee.
Motion carried 5-2 with Schroeder and Melcher voting no.
NEW BUSINESS
Reso. #213-2005 - Approval of Service Agreement Between the City of Muskego and
National EMS Billing, Inc. (Ambulance Billing). Salentine moved for adoption. Madden
seconded. Schroeder stated he was hoping to recoup money for the program by
bringing unpaid bills to payment. However, it appears there are very few bills that
actually go unpaid. Mayor Damaske stated the company would be able to better
scrutinize the bills. Items may have been missed in the past. Patterson said the cost of
the service could be passed on to the user. The Mayor believes the revenues may
increase. Melcher complimented the individual who retired for the fine job she did.
Salentine noted that if the fee is raised, the write-off amounts may increase because the
governmental entities only pay a set amount. She also noted that the fees were
different for residents vs. nonresidents. Motion carried 6 in favor and Schroeder voting
no.
Reso. #214-2005 - Approval of Amendment to Agreement for Access and Groundwater
Monitoring Dated August 11, 2004. Salentine moved for adoption. Schroeder
seconded. Mr. McMullen stated this is an amendment to the existing agreement for the
monitoring wells being put in by the Muskego Site Groundwater Remediation Group.
The amendment adds an additional well monitoring site. Motion carried 7-0.
Common Council Minutes Page 3
November 22, 2005
Reso. #215-2005 - Rejection of Bid - ADA Accessibility to Parks. Schroeder moved for
adoption. Borgman seconded. Mr. McMullen stated several companies were expected
to bid on the project; only one bid was received, which was high. The project will be
rebid in spring. The project covers four parks. Motion carried 7-0.
Reso. #216-2005 - Approval of Lease Agreement Between the City of Muskego and
Muskego Chamber of Commerce. Salentine moved for adoption. Madden seconded.
Motion carried 7-0.
Reso. #217-2005 - Approval of Agreement for Employee Assistance Program.
Schroeder moved for adoption. Salentine seconded. Schroeder requested a report on
how many employees have used the program. Schroeder moved to defer. Salentine
seconded; motion carried.
Reso. #218-2005 - Approval of Dental Insurance Contracts for 2006. Salentine moved
for adoption. Melcher seconded. Motion carried 7-0.
Reso. #219-2005 - Approval of Health Insurance Contract for 2006. Salentine moved
for adoption. Buckmaster seconded. Motion carried 7-0.
Reso. #220-2005 - Resolution Authorizing Special Quarterly Charges ($20.60) for
Garbage and Refuse Disposal and Recycling Service. Schroeder moved for adoption.
Borgman seconded. Motion carried 7-0.
Reso. #221-2005 - Resolution as to Revocable Occupancy Permit - Hughes/Loizzo.
Borgman moved for adoption. Buckmaster seconded. Mr. McMullen stated the permit
is for a deck that encroaches into a drainage easement. The City has no objection.
Buckmaster noted that the Public Works Committee recommended approval. Motion
carried 7-0.
Reso. #222-2005 - Approval of Purchase and Installation of Callware UC System from
Computer Telephony Inc. Salentine moved for adoption. Madden seconded. Motion
carried 7-0.
Reso. #223-2005 - Determination of Nonsubstantial Change to the Tudor Oaks Planned
Development District. Buckmaster moved for adoption. Madden seconded. Motion
carried 7-0.
Reso. #224-2005 - Authorizing Cancellation of Certain Uncollectible Accounts
Receivable (Rescue). Salentine moved for adoption. Borgman seconded. The
amounts are $52,214.90 (Medicare and Medicaid) and $4,822.73 (Others). Motion
carried 7-0.
Reso. #225-2005 - Appointment of Citizen Member to Board of Appeals (Richard
Ristow). Madden moved for adoption. Buckmaster seconded. Motion carried 7-0.
Ord. #1207 - An Ordinance to Amend the Zoning Map of the City of Muskego (Burke
Homes - RSM and B-4 to RSM/OPD). First Reading.
Common Council Minutes Page 4
November 22, 2005
The Council took a brief recess.
LICENSES
Melcher moved for approval of the following operators’ licenses.
New
Christine Angelone Michael Rekowski
Michael Bucek Russell Thomas
Angela Kintop with 3,6,9,12 Month Review Tonya Trzecinski
Wendy Kurt Corene Lane
Eldora Lochowicz Jessica Heinzen
Heidi Reise
Schroeder seconded. Motion carried 7-0.
Melcher moved to deny “Class B” Liquor and Beer License for Villa Italian Pizza
Restaurant of Muskego LLC for the reasons stated at the 11/16/2005 Finance
Committee meeting. Salentine seconded. Motion carried 7-0.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$1,312,281.73. Schroeder seconded; motion carried. Schroeder moved for approval of
payment of Utility Vouchers in the amount of $98,568.44. Buckmaster seconded;
motion carried.
CITY OFFICIALS’ REPORTS
City Administrator Sheiffer distributed information to the Aldermen recommending use of
a consent agenda at future Council meetings. The Mayor suggested use of the consent
agenda could begin in January. A resolution will be brought forward. Initial proposals
have been submitted to the four labor groups. The December calendar was reviewed.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
Melcher proposed that at the next Council meeting Chapter 2, Section 2.09 be reviewed
to determine if changes are needed including, but not limited to, Common Council,
Committee of the Whole and the Committees and how items are put on the agenda.
Schroeder also requested an agenda item for the next Council meeting. It would be in
reference to a resolution approving a possible referendum question for the April 4, 2006
election.
The Mayor noted that the Council would not convene into Closed Session No. 1 and No.
3.
Salentine moved to convene into Closed Session No. 2 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 potential lawsuit with the
Wisconsin Attorney General related to the May 2004 Sanitary Sewer overflows of
MMSD. Borgman seconded. Motion carried 7-0.
Common Council Minutes Page 5
November 22, 2005
Borgman moved to convene into Closed Session No. 4 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 responsibility, more specifically annual compensation and
benefit adjustments for nonrepresented employees and status of negotiations for
represented employees. Madden seconded. Motion carried 7-0.
The Deputy Clerk was dismissed.
Buckmaster moved to convene into open session. Borgman seconded. Motion carried
7-0.
OLD BUSINESS (Continued)
Reso. #175-2005 - Approval of Settlement and Release Agreement between the City of
Muskego and Laura Becker. On the floor, deferred 11/8/2005. Salentine moved for
adoption. Borgman seconded. Motion carried 7-0.
NEW BUSINESS (Continued)
Reso. #226-2005 - Disallowance of Claim - William Carity (Northfield Green
Development). Buckmaster moved for adoption. Salentine seconded. Motion carried
7-0.
Reso. #227-2005 - Resolution Approving Settlement Related to May 2004 Sanitary
Sewer Overflows of Milwaukee Metropolitan Sewerage District (MMSD). Borgman
moved for adoption. Salentine seconded. Motion carried 7-0.
Borgman moved to adjourn at 10:52 PM. Buckmaster seconded. Motion carried 7-0.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jill Blenski CMC
Deputy Clerk