CCM20061128
COMMON COUNCIL - CITY OF MUSKEGO Approved: 12/12/06
MINUTES OF MEETING HELD NOVEMBER 28, 2006
The meeting was called to order at 7:30 PM by Mayor Johnson. Present were Ald.
Borgman, Buckmaster, Madden, Melcher, Salentine, Schaefer, and Snead, City
Attorney Molter, City Administrator Sheiffer, and Clerk-Treasurer Moyer. Those present
recited the Pledge of Allegiance. The Clerk stated that the meeting was noticed in
accordance with the open meeting law on 11/22/2006. The Mayor noted that the
Council would convene into closed session later in the meeting.
No one registered to speak under the Public Comment section.
CONSENT AGENDA
Salentine moved for individual consideration of Reso. #215-2006. Borgman
seconded; motion carried. Salentine moved for individual consideration of Reso.
#214-2006. Borgman seconded; motion carried.
Salentine moved to approve the remainder of the Consent Agenda items engross.
Madden seconded; motion carried. The following items were approved:
Common Council Minutes of 11/14/2006 and 11/20/2006
Reso. #210-2006 - Relocation Order of the City of Muskego, Waukesha County,
Wisconsin (Storm Sewer Watercourse Control Improvement Project - Hochschild
Property)
Reso. #211-2006 - Authorizing the Hiring of an Appraiser and Relocation Expert to
Carry Out Relocation Order Known as Resolution #210-2006
Reso. #212-2006 - Approval of Extraterritorial Certified Survey Map - Sims, Town of
Waterford
Reso. #213-2006 - Approval of Extraterritorial Preliminary Plat for the Woods of Still
Water Subdivision - Town of Waterford
Reso. #216-2006 - Approval of Depository Services Resolution for Governmental
Entities for U.S. Bank
Reso. #217-2006 - Appointments to the Board of Review
Reso. #218-2006 - Approval of Virchow, Krause & Company, LLP Engagement Letter
Reso. #219-2006 - Approval of Lease Agreement Between the City of Muskego and
Muskego Area Chamber of Commerce
Reso. #220-2006 - Resolution to Retain Special Counsel for Representation at Liquor
License Suspension and/or Revocation Hearing
NEW BUSINESS
Reso. #214-2006 - Approval of Weed-Tipping Lease for Park Arthur. Borgman moved
to adopt the lease as revised with the changes suggested by the City Attorney.
Schaefer seconded; motion carried.
Reso. #215-2006 - Approval of Agreement for Ambulance Services with the Tess
Corners Volunteer Fire Department. Salentine moved for adoption. Borgman
seconded. Salentine stated that the Finance Committee changed the term of the
Common Council Minutes Page 2
November 28, 2006
agreement to end on April 30, 2007 (instead of December 31). Mayor Johnson
requested that the resolution be deferred to give the City time to discuss the change
with the fire department. Madden stated the agreement should be for the entire year.
She believes that any potential changes that may come as a result of the fire study
would not be done until the end of 2007 or later. Salentine moved to amend the
agreement to be for a four-month period. Borgman seconded. Buckmaster stated
it was his understanding that the study was regarding fire service. The City
Administrator noted that the main focus of the study is fire service; however, there will
be a link to rescue service because one department provides both of those services.
The Mayor stated he does not believe the language in the agreement will change
regardless of what the study indicates. Buckmaster stated that he does not want to
change the rescue agreement at this time; he prefers to concentrate on fire service. If
recommendations are made regarding rescue service, changes can be made later.
Melcher stated he has issues with training and equipment regarding rescue service; he
prefers a four-month term. The Mayor stated there are too many issues on the table
with the fire department already. Atty. Molter recommended that any potential changes
to the agreement be discussed with the fire department first. Motion to amend the
agreement carried with Schaefer, Melcher, Salentine and Borgman voting yes and
Madden, Buckmaster and Snead voting no. Salentine moved to defer the
resolution as amended. Borgman seconded; motion carried.
REVIEW OF COMMITTEE REPORTS
Minutes of the 10/24/2006 Finance Committee, 11/7/2006 Plan Commission, 10/9/2006
Parks and Recreation Board, 10/16/2006 and 10/20/2006 Public Utilities Committee,
11/6/2006 Citizen Study Committee on the Future of City Owned Settlement Center
Property, and 10/25/2006 Library Board were reviewed.
OLD BUSINESS
Ord. #1237 - An Ordinance to Establish the Salary for Mayor for 2008-2011 Term.
Second Reading. On the floor, deferred 11/14/2006. Salentine moved to defer.
Madden seconded; motion carried.
Ord. #1240 - An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan of
the City of Muskego (Edgewood Contractors/Heather’s Way - A to RSA). Second
Reading. Buckmaster moved for adoption. Salentine seconded. Buckmaster
reiterated what was stated at the Plan Commission. The City’s 2010 Comp Plan depicts
the area as having rural density and zoning. That is not what is being proposed. The
proposal is possibly in the wrong place, at the wrong time; it doesn’t fit. The Common
Council did adopt an ordinance to amend the zoning and Comprehensive Plan to
RCE/COPD for this property. The Plan Commission is not against senior housing or the
plat itself. The issue is the existing Comprehensive Plan. He recommends defeating
the ordinance. Buckmaster stated the reasons for denial: rural atmosphere, the
proposal did not meet the objectives of the Comprehensive Plan and the Council just
reviewed the Comprehensive Plan and did not believe any changes should be made for
this area. Borgman also stated that the Council just finished reviewing the Comp Plan
and did not see any need to change the zoning; we should stay with the Plan. Salentine
agreed with the previous statements to defeat the ordinance. Melcher also agreed and
noted that the services the senior population would need (shopping) are located too far
from this property. Schaefer stated she would vote no because the Council needs to
Common Council Minutes Page 3
November 28, 2006
stay with the Comprehensive Plan. Madden stated she would vote no because the
Council spent much time and effort reviewing the Comp Plan and determined open
space needed to be retained in this area. Snead stated she would vote no because of
the previous statements that were made and also because of public opinion. Ord.
#1240 defeated 0-7.
Ord. #1241 - An Ordinance to Establish Salary for Aldermen (Districts 2, 4, 6 and 7).
Second Reading. Salentine moved for adoption. Madden seconded. Motion
carried 7-0.
LICENSES
Salentine moved for approval of a Temporary “Class B”/Class “B” License for the
Muskego Area Chamber of Commerce for 12/2/2006 and for approval of operators’
licenses for Tracy Bergmann, Elaine Blonigen, Stephanie Gauthier, Lyndsey
Daggett, Ronald Klimeck, Tonia McPherson and Sheena Rich (subject to a 3, 6, 9
and 12-month review). Borgman seconded; motion carried.
VOUCHER APPROVAL
Salentine moved for approval of payment of General Vouchers in the amount of
$1,248,008.52. Borgman seconded. Motion carried 7-0. Madden moved for
approval of payment of Utility Vouchers in the amount of $114,659.10. Borgman
seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORT
The December calendar was reviewed.
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)(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 the lawsuit filed by Richard Lucht. Melcher seconded. Motion carried
7-0.
Salentine 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 the lawsuit filed by Veolia ES Emerald Park Landfill, LLC. Melcher
seconded. Motion carried 7-0.
Buckmaster 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 compensation and
performance of Engineering/Building Inspection Director. Madden seconded.
Motion carried 7-0.
Common Council Minutes Page 4
November 28, 2006
The Clerk-Treasurer was dismissed. Those present for closed session 1. and 2.: City
Atty. Molter, Attys. Ray Pollen and Julie Kirby and Engineering/Building Inspection
Director McMullen.
Buckmaster moved to reconvene into open session. Melcher seconded; motion
carried.
ADJOURNMENT
Melcher moved to adjourn at 9:33 PM. Salentine seconded; motion carried.
Respectfully submitted,
Janice Moyer, CMC, CMTW
Clerk-Treasurer