CCM20060912
COMMON COUNCIL - CITY OF MUSKEGO Approved: 09/26/2006
MINUTES OF MEETING HELD SEPTEMBER 12, 2006
The meeting was called to order at 7:40 PM by Mayor Damaske. Present were Ald.
Salentine, Borgman, Madden, Melcher, Schaefer and Snead, City Attorney Molter, City
Administrator Sheiffer, and Deputy Clerk Blenski. Ald. Buckmaster was absent. Those
present recited the Pledge of Allegiance. The Deputy Clerk stated that the meeting was
noticed in accordance with the open meeting law on 9/8/06 and as amended on
9/11/06. The Mayor noted that the Council would go into closed session at the end of
the meeting.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Reso. #169-2006 - Honoring City of Muskego Eagle Scout Dane Reimer. Salentine
moved for adoption. Melcher seconded. Motion carried 6-0. Mayor Damaske
presented the resolution to Dane who gave details about his Eagle Scout project.
Reso. #170-2006 - Resolution Expressing Appreciation to Eric Schroeder. Madden
moved for adoption. Borgman seconded. Motion carried 6-0. Mayor Damaske
presented the resolution to Mr. Schroeder who made a few comments.
No one registered to speak under the Public Comments section.
CONSENT AGENDA
Borgman moved to approve the Consent Agenda items engross with the
exception of Reso. #172-2006 and Reso. #173-2006. Salentine seconded. Motion
carried. The following items were approved:
Common Council Minutes of 8/22/2006 and 8/24/2006
Reso. #171-2006 - Approval of Certified Survey Map - Grimord
Reso. #174-2006 - Appointment of Citizen Member to Board of Review
Reso. #175-2006 - Resolution to Set Salary for GIS Coordinator Position
Reso. #176-2006 - Approval of Reduction in Letters of Credit - Quietwood East,
Candlewood Village, Kenwood Estates and Crystal Lake
Reso. #177-2006 - Approval of Reimbursement Request - Forest Glen Subdivision
NEW BUSINESS
Reso. #172-2006 - Approval of Fourth Quarter Fire Protection Agreement with Tess
Corners Volunteer Fire Department. Salentine moved for adoption. Madden
seconded. Salentine moved to amend second paragraph to read, “IN
CONSIDERATON of the mutual covenants herein contained, it is agreed: That
party of the second part will pay to the party of the first part for services rendered
between October 1, 2006 and December 31, 2006 funds based entirely on
submissions from the party of the first part of written documentation
(invoices/statements) to the City Finance Department from vendors or service
providers and that payments of those invoices/statements shall be two party
checks from the party of the second part to the party of the first part and the
vendor or service provider subject to approval of the City Finance Committee.
Common Council Minutes Page 2
September 12, 2006
Fire runs are to be made by the party of the first part to any fire within the area
hereinafter described, and in compliance with the call from any resident of said
area” and to amend eighth paragraph to read, “Any previous contracts between
the parties as to payments for services are hereby declared null and void as of
October 1, 2006.” Madden seconded; motion carried. Reso. #172-2006, as
amended, adopted 6-0.
Reso. #173-2006 - Approval of Fourth Quarter Fire Protection Agreement with Muskego
Volunteer Fire Company. Salentine moved for adoption. Borgman seconded.
Salentine moved to amend to incorporate the same changes in this agreement
that were made to the fourth quarter Tess Corners agreement. Borgman
seconded; motion carried. Reso. #173-2006, as amended, adopted with 5 in favor
and Schaefer abstaining.
REVIEW OF COMMITTEE REPORTS
Minutes of the 8/15/2006 Plan Commission, 7/11/2006 Finance Committee, 7/26/2006
Library Board were reviewed.
OLD BUSINESS
Ord. #1236 - An Ordinance to Amend the Zoning Map of the City of Muskego (Towne
Realty, Inc. - R-2 to RS-2/OPD). Second Reading. The Mayor stated that the petition
to rezone was withdrawn by the developer.
Ord. #1237 - An Ordinance to Establish the Salary for Mayor for 2008-2011 Term.
Second Reading. Salentine moved for adoption. Madden seconded. Salentine
moved to defer. Borgman seconded; motion carried. This item is to be placed on
the 9/28/06 Committee of the Whole agenda.
Ord. #1238 - An Ordinance to Grant an OPD Planned Development Amendment to the
Approved RS-2/OPD Zoning for Woodland Creek Estates and Woodland Creek Estates
Addition #1. Second Reading. Salentine moved for adoption. Madden seconded.
Madden stated, on behalf of Buckmaster, that the Plan Commission recommended
denial of the amendment request to retain the 2010 Comprehensive Plan as written.
The following Council members stated they would vote for denial: Madden, Schaefer,
Melcher, Salentine, Borgman and Snead. The reasons stated for denial were because
of the recommendation of the Plan Commission and the established 2010
Comprehensive Plan. Borgman noted that many hours were spent reviewing the
Comprehensive Plan and he did not believe the Council should deviate from what has
been developed. Motion denied 0-6.
NEW BUSINESS (Continued)
Reso. #178-2006 - Award of Bid - Wetland Restoration Project - Engel Conservation
Area. Salentine moved for adoption. Melcher seconded. Motion carried 6-0.
Reso. #179-2006 - Award of Bid - Settlement Center Decorative Lighting Project.
Borgman moved for adoption. Snead seconded. Motion carried 6-0.
Common Council Minutes Page 3
September 12, 2006
Reso. #180-2006 - Approval of Condominium Plat for Lakewood Commercial Center
and Amendment No. 1 to Lakewood Development - City of Muskego Retention Pond
Maintenance Agreement. Salentine moved for adoption. Madden seconded.
Salentine moved to amend No. 2. under the NOW, THEREFORE paragraph to read
“Except as modified by this Amendment No. 1, all provisions of the Agreements
referred to above executed September 25, 2000 remain in full force and effect and
in addition thereto, Subdivider, Lakewood Commercial Development, LLC, shall
be jointly and severally responsible with the Association as to all responsibilities
pursuant to the Retention Pond Maintenance Agreement.” Schaefer seconded;
motion carried. Reso. #180-2006, as amended, adopted 6-0.
LICENSES
Salentine moved for approval of regular operators’ licenses for Timothy Okonek
and Jamie Hansen (both with a 3, 6, 9, 12-mo. review), Ann Zimmer, Christine
Brooks, Kandy Nemetz, Kevin Plummer, Aaron Resar, and Jodie Massey. Madden
seconded. Motion carried 6-0.
Salentine moved for approval of an Outside Dance Permit and Temporary
Amendment to Licensed Premise for The Brick House for 9/16/2006 and Spitfires
Food & Spirits for 9/22/2006 and 9/23/2006. Borgman seconded. Motion carried
6-0.
VOUCHER APPROVAL
Salentine moved for approval of payment of General Vouchers in the amount of
$640,939.09. Madden seconded. Motion carried 6-0. Madden moved for approval
of payment of Utility Vouchers in the amount of $16,702.03. Borgman seconded.
Motion carried 6-0. Salentine moved for approval of payment of Tax Checks in
the amount of $1,648.90. Borgman seconded. Motion carried 6-0.
It was announced that the Common Council would convene into closed session.
Borgman 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 update on labor contracts for AFSCME employees including but not
limited to City Leave Donation Policy and 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 discussion regarding compensation
for Acting Chief of Police. Melcher seconded. Motion carried 6-0.
The City Atty. was dismissed at 8:07 PM. The Deputy Clerk was not present for closed
session.
Salentine moved to reconvene into open session. Borgman seconded; motion
carried.
Common Council Minutes Page 4
September 12, 2006
NEW BUSINESS (Continued)
Reso. #181-2006 - Authorize Execution of the Labor Agreement Between the City
Hall/Library Unit of Local 2414 AFSCME and the City of Muskego - January 1, 2006 -
December 31, 2008. Salentine moved for adoption. Madden seconded. Motion
carried 6-0.
Reso. #182-2006 - Authorize Execution of the Labor Agreement Between the
Telecommunicators Unit of Local 2414 AFSCME and the City of Muskego - January 1,
2006 - December 31, 2008. Salentine moved for adoption. Schaefer seconded.
Motion carried 6-0.
Reso. #183-2006 - Resolution to Adopt City of Muskego Leave Donation Policy.
Melcher moved for adoption. Snead seconded. Motion carried 6-0.
ADJOURNMENT
Borgman moved to adjourn at 9:07 PM. Snead seconded; motion carried.
Respectfully submitted,
Jill Blenski, CMC
Deputy Clerk