CCM20060425
COMMON COUNCIL - CITY OF MUSKEGO Approved 5/9/2006
MINUTES OF MEETING HELD APRIL 25, 2006 as Corrected*
The meeting was called to order at 7:45 PM by Mayor Damaske. Present were Ald.
Salentine, Borgman, Buckmaster, Madden, Melcher, Schroeder and Snead, City
Attorney Molter, City Administrator Sheiffer, Engineering/Building Inspection Director
McMullen, and Clerk-Treasurer Moyer. Those present recited the Pledge of Allegiance.
The Clerk-Treasurer stated the meeting was noticed in accordance with the open
meeting law on 4/21/2006 and amended on 4/24/2006. The Mayor noted the Council
would later convene into closed session.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Damaske noted that a presentation regarding the Mill Valley development will be
held on Wednesday, May* April 26 at the New Berlin City Hall between 6:00 and 8:00
pm.
Reso. #057-2006 - Recognition of 30 Years of Service - Jeffery Kloskowski -
Department of Public Works. Schroeder moved for adoption. Salentine seconded.
Motion carried 7-0.
The Clerk read the Mayor’s Proclamation denoting Friday, April 28, 2006 as Arbor Day.
Mr. McMullen left the meeting.
PUBLIC HEARING
The Clerk read the public hearing notice to consider petition of Burke Properties to
rezone property in the NE 1/4 of Section 26 (Groveway Lane - Tax Key No.
2261.979.002) from RCE/OPD Country Estates District with a Planned Development
Overlay and A Agricultural to RSE Suburban Estate District and from RCE/OPD and A
to A Agricultural for the purpose of a future land division.
Wendy Slocum, 2429 East Wyoming Place in Milwaukee, was present on behalf of
Burke Properties. She stated the rezoning was being requested in order to subdivide a
portion of the property into three single-family parcels. There are some access issues
at the end of Groveway Lane, which should be resolved by the time the certified survey
map is approved.
Ed Herda, W145 S9685 Groveway Lane, stated the road access issue still has to be
resolved. Groveway is still deeded as a private drive. He is against any zoning change.
Tim Bara, W145 S9692 Groveway Lane, stated he is concerned about wetland and
road issues.
Madden stated that she would like to see the issues that exist in the area resolved
before the rezoning takes place. Buckmaster will place the issue on a future Public
Works Committee agenda.
The Mayor declared the hearing closed.
It was announced that the Common Council would convene into closed session
pursuant to Wis. Stats. §19.85(1)(f) Considering financial, medical, social or personal
Common Council Minutes Page 2
April 25, 2006
histories or disciplinary data of specific persons, preliminary consideration of specific
personnel problems or the investigation of charges against specific persons except
where par. (b) applies which, if discussed in public, would be likely to have a substantial
adverse effect upon the reputation of any person referred to in such histories or data, or
involved in such problems or investigations, more specifically discussion of pending
duty disability claim. Buckmaster moved to convene into closed session. Madden
seconded. Motion carried 7-0. The City Attorney and Clerk-Treasurer were not
present for closed session.
Salentine moved to convene into open session at 8:55 pm. Borgman seconded;
motion carried.
NEW BUSINESS
Reso. #082-2006 - Initial Resolution Authorizing the Borrowing of $5,275,000 and
Providing for the Issuance and Sale of General Obligation Refunding Bonds, Series
2006 Therefore. Dustin Avery and Paul Thompson of Hutchinson, Shockey, Erly & Co.
were present. The Finance Department Manager stated that this would result in a
savings of approximately $165,000. Salentine moved for adoption. Schroeder
seconded. Motion carried 7-0.
CONSENT AGENDA
The Mayor stated that Reso. #059-2006 and Reso. #060-2006 would be removed from
the Consent Agenda. Schroeder moved to approve the Consent Agenda items engross
with the exception of Reso. #059-2006 and Reso. #060-2006. Salentine seconded.
Schroeder amended his motion to also include the removal of Reso. #078-2006.
Salentine agreed; motion carried. The following items were approved:
Common Council Minutes of 4/11/2006 and 4/18/2006
Reso. #058-2006 - Approval of Extraterritorial Certified Survey Map - Kindler - Town of
Waterford.
Reso. #061-2006 - Resolution to Establish Traffic Regulations.
Reso. #062-2006 - Approval of Access Agreement between the City of Muskego and
Lyle Fickau.
Reso. #063-2006 - Approval of Reduction in Letter of Credit for Forest Glen.
Reso. #064-2006 - Approval of Reduction in Letter of Credit for Big Muskego Estates II.
Reso. #065-2006. Granting Placement of Water Ski Jump on Bed of Little Muskego
Lake (Water Bugs Ski Team).
Reso. #066-2006 - Approval of Practice/Show Dates and Placement of Pier at Idle Isle
(Water Bugs Ski Team).
Reso. #067-2006 - Appointment of Weed Commissioner for the City of Muskego.
Reso. #068-2006 - Declaring Certain Weeds to be Noxious.
Reso. #069-2006 - Appointment of Citizen Members to Board of Appeals.
Reso. #070-2006 - Appointment of Citizen Members to Library Board.
Reso. #071-2006 - Appointment of Citizen Member to Police and Fire Commission.
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April 25, 2006
Reso. #072-2006 - Appointment of Citizen Member to the Plan Commission.
Reso. #073-2006 - Appointment of Members to the Parks and Recreation Board.
Reso. #074-2006 - Appointment of Commissioner to the Community Development
Authority.
Reso. #075-2006 - Appointment of Citizen Members to the Conservation Commission.
Reso. #076-2006 - Appointment of Citizen Member to the Board of Review.
Reso. #077-2006 - Appointment of Citizen Member to the Future Parkland Development
Standing Committee.
Reso. #079-2006 - Resolution to Establish Regulatory Markers Requiring Slow, No
Wake Speed (Little Muskego Lake).
Reso. #080-2006 - Authorizing Cancellation of Certain Uncollectible Accounts
Receivable (Rescue).
Reso. #081-2006 - Re-approval of Certified Survey Map - Hrin.
NEW BUSINESS (Continued)
Reso. #059-2006 - Resolution to Extend Temporary Part-Time Clerk/Telecommunicator
Position. Salentine moved for adoption. Buckmaster seconded. City Administrator
Sheiffer stated that an employee has now been hired to fill this position beginning May
2. Salentine moved to amend to extend the temporary position to April 30, 2006
instead of July 1, 2006. Schroeder seconded; motion carried. Reso. #059-2006,
as amended, adopted 7-0.
Reso. #060-2006 - Approval of Roadway Easement Granted by WE Energies (Parkland
Drive). Schroeder moved for adoption. Salentine seconded. City Attorney Molter
stated that the roadway easement document required some minor revisions. Motion
carried 7-0.
Reso. #078-2006 - Re-approval of Certified Survey Map - Slocomb. Buckmaster
moved for adoption. Schroeder seconded. Buckmaster moved to amend to state
that the property owner would not be charged duplicate/additional fees.
Schroeder seconded; motion carried. Reso. #078-2006, as amended, adopted 7-0.
REVIEW OF COMMITTEE REPORTS
Minutes of the 3/28/2006 Finance Committee, 4/4/2006 Plan Commission, 3/13/2006
Parks and Recreation Board, 3/20/2006 Public Works Committee, 3/20/2006 Public
Utilities Committee, 3/23/2006 and 4/13/2006 Mayor’s Task Force on Janesville Road
Reconstruction and 3/13/2006 Conservation Commission were reviewed.
OLD BUSINESS
Ord. #1213 - An Ordinance to Amend the Zoning Map of the City of Muskego (Carity
Land Corporation/Belle Chasse - RS-2 to RS-3/OPD). On the floor, deferred 3/28/2006.
Buckmaster moved to defer pending submittal of a preliminary plat. Schroeder
seconded; motion carried.
Common Council Minutes Page 4
April 25, 2006
Ord. #1221 - An Ordinance to Amend Chapter 9, Section 9.01, of the Municipal Code of
the City of Muskego (Discharge of Firearms and Guns Prohibited). On the floor,
deferred 4/11/2006. It was noted that Chief Johnson removed his request for the
ordinance amendment. Motion defeated 7-0.
Ord. #1225 - An Ordinance to Amend Chapter 17, Section 9.08 (7) C. 4., of the
Municipal Code of the City of Muskego (OLR Lake Recreation District - Permitted Use
by Conditional Grant). Second Reading. Buckmaster moved for adoption. Madden
seconded. Madden requested permission to grant Steve Oschmann privilege of the
floor. Buckmaster objected. Madden requested that Mr. Oschmann’s statement be
read into the record, which she did. Mr. Oschmann’s letter (attached as a reference)
requested that multifamily use of an existing structure be retained as a permitted use by
conditional grant in the OLR District. Schroeder stated that he is not sure that there are
not other OLR properties that could be converted to condominiums. Buckmaster stated
that the Plan Commissioners have made it clear that they have no intent of placing
multifamily in this area. In addition, they support removal of the OLR overlay. Motion
carried 6 in favor and Salentine voting no.
Ord. #1226 - An Ordinance to Amend the Zoning Map of the City of Muskego (To
Remove the OLR Zoning Classification from Certain Properties). Second Reading.
Buckmaster moved for adoption. Schroeder seconded. Schroeder clarified that
adoption of the ordinance would remove the OLR overlay from 16 properties that
currently are not using it. Motion carried 7-0.
NEW BUSINESS (Continued)
Reso. #083-2006 - Award of Bid - Well 13 - Quietwood Creek East. Salentine moved
for adoption. Madden seconded. Motion carried 7-0.
Reso. #084-2006 - Resolution to Create the New Position of Assistant Library Director
and to Establish the Salary Range and Authorize Filling the Position. Salentine moved
for adoption. Madden seconded. The Mayor noted that Library Director Sanhuber
was present to respond to any questions. Schroeder requested a resolution to
terminate the existing Librarian III position as the funding for that position will be used
for the new position. Motion carried 7-0.
Reso. #085-2006 - Disallowance of Claim - Bishop. Madden moved for adoption.
Salentine seconded. Motion carried 7-0.
Ord. #1227 - An Ordinance to Amend the Zoning Map of the City of Muskego (Burke
Properties RCE/OPD and A to RSE/OPD and A to A). First Reading.
LICENSES
Salentine moved for approval of regular operators’ licenses for Lisa Ybanez, Lori
Terrill, Gary Terrill, Bernard Huber, Deni Grimslid, Candy Jentsch and Crystal
Kelly (with a 3, 6, 9 and 12-month review) as recommended by the 4/25/2006
Finance Committee. Schroeder seconded. Motion carried 7-0.
Salentine moved for approval of renewal operators’ licenses for Jayce Redmer
and Barbara Saladin. Schroeder seconded. Motion carried 7-0.
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April 25, 2006
Salentine moved to defer action on a change of agent for PH Green Bay, LLC
(Pizza Hut). Schroeder seconded; motion carried. The individual who is proposed
to be the new agent did not attend the 4/25/2006 Finance Committee meeting.
VOUCHER APPROVAL
Salentine moved for approval of payment of General Vouchers in the amount of
$449,309.52. Schroeder seconded. Motion carried 7-0. Schroeder moved for
approval of payment of Utility Vouchers in the amount of $449,309.52.
Buckmaster seconded. Schroeder moved to amend the amount to be
$844,678.72. Buckmaster seconded. Motion carried 7-0. Salentine moved for
approval of Tax Checks in the amount of $547.67. Borgman seconded. Motion
carried 7-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Schroeder announced that his term as aldermanic representative for District 6 would
end with the August 22 Council meeting as he is moving out of the district.
It was announced that the Common Council would convene into closed session.
Melcher moved to convene into closed session pursuant to Wis. Stats.
§19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the
investing of public funds, or conducting other specified public business,
whenever competitive or bargaining reasons require a closed session, more
specifically labor union negotiations. Schroeder seconded. Motion carried 7-0.
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 responsibility, more specifically to discuss continued
employment and compensation of Executive Assistant/Human Resource
Coordinator. Madden seconded. Motion carried 7-0. The Clerk and Atty. Molter
were dismissed.
Borgman moved to reconvene into open session. Salentine seconded; motion
carried 7-0.
Reso. #086-2006 - Resolution to Authorize Filling the Existing Accountant Position.
Salentine moved for adoption. Buckmaster seconded; motion carried.
ADJOURNMENT
Borgman moved to adjourn at 11:18 PM. Buckmaster seconded; motion carried.
(Minutes transcribed by J. Blenski.)
Respectfully submitted,
Janice Moyer CMC, CMTW
Clerk-Treasurer