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CCM20070109 COMMON COUNCIL - CITY OF MUSKEGO Approved: 01/23/2007 MINUTES OF MEETING HELD JANUARY 9, 2007 The meeting was called to order at 7:30 PM by Mayor Johnson. Present were Ald. Borgman, Buckmaster, Madden, Salentine, Schaefer, and Snead, City Attorney Molter, City Administrator Sheiffer, and Clerk-Treasurer Moyer. Ald. Melcher was absent. Those present recited the Pledge of Allegiance. The Clerk stated that the meeting was noticed in accordance with the open meeting law on 1/5/2007 and as amended on 1/8/2007. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Clerk read a Proclamation declaring January 19, 2007 as Anna Jensen Day in th honor of Mrs. Jensen’s 100 birthday. The Mayor reported that the contract with the Tess Corners Volunteer Fire Department has not been settled. PUBLIC COMMENT Renee Schoenbach, S71 W16652 Glen Cove Court, spoke regarding the Ener-Con proposal. She questioned the need for more condominium units in the community. She asked that the Council consider if the proposed development is something that will fit the community and is needed and wanted. CONSENT AGENDA Buckmaster moved to approve the Consent Agenda items engross. Borgman seconded. Motion carried 6-0. The following items were approved: Common Council Minutes of 12/11/2006 and 12/12/2006 Reso. #001-2007 - Resolution to Amend the City Engineer/Director of Public Works Projects Position Description. Reso. #002-2007 - Resolution Adopting a Joint Powers Agreement for the 911 Emergency System with Waukesha County. Reso. #003-2007 - Approval of Cooperative Agreement Between the City of Muskego and Waukesha County Department of Senior Services. Reso. #004-2007 - Establishing Traffic Regulations (Speed Limit - Martin Drive). Reso. #005-2007 - Acceptance of Improvements - MRED Commercial. REVIEW OF COMMITTEE REPORTS Minutes of the 11/28/2006 Finance Committee, 12/4/2006 Citizen Study Committee on the Future of City Owned Settlement Center Property and 10/16/2006 Public Works Committee were reviewed. Common Council Minutes Page 2 January 9, 2007 OLD BUSINESS Ord. #1237 - An Ordinance to Establish the Salary for Mayor for 2008-2011 Term. On the floor, deferred 12/12/2006. Salentine moved to defer. Madden seconded; motion carried. Ord. #1242 - An Ordinance to Amend the Zoning Map of the City of Muskego (Ener-Con Companies LLC/Parkland View Development - B-4/OPD/OWP and RS-2/OIP/OWP to B-4/OPD/OWP). Second Reading. Borgman stated the following reasons he does not support the proposal: condominium building is too large and is not in keeping with the surrounding area, the need for additional housing of this type should be re-evaluated, and locating the parking area in the rear of the commercial building is not consistent with other businesses in the vicinity. Buckmaster moved for adoption. Salentine seconded. Buckmaster moved to defer. Madden seconded; motion carried. Ord. #1243 - An Ordinance to Repeal and Recreate Chapter 17 Zoning Code and the Official Zoning Map of the City of Muskego. Second Reading. Salentine moved for adoption. Madden second. Salentine moved to defer. Madden seconded; motion carried. Ord. #1244 - An Ordinance to Amend Chapter 18 of the Municipal Code of the City of Muskego (Land Division Ordinance). Second Reading. Borgman moved for adoption. Madden seconded. Borgman moved to defer. Madden seconded; motion carried. Ord. #1245 - An Ordinance to Amend the 2010 Comprehensive Plan of the City of Muskego. Second Reading. Buckmaster moved for adoption. Salentine seconded. Salentine moved to defer. Madden seconded; motion carried. Ord. #1246 - An Ordinance to Amend Chapter 36, Sections 36.04 (4)(a) and 36.04 (5)(b) of the Municipal Code of the City of Muskego (Wireless Communications Facilities Siting). Second Reading. Borgman moved for adoption. Salentine seconded. Salentine moved to defer. Madden seconded; motion carried. Ord. #1247 - An Ordinance to Amend Chapter 28, Section 28.02 (2) and Chapter 33, Section 33.02, of the Municipal Code of the City of Muskego. Second Reading. Borgman moved for adoption. Schaefer seconded. Salentine moved to defer. Madden seconded; motion carried. Ord. #1248 - An Ordinance to Amend Chapter 30, Sections 30.05 (6), 30.07 (4) and (5), 30.12 and 30.14 (1)(a), of the Municipal Code of the City of Muskego. Second Reading. Borgman moved for adoption. Buckmaster seconded. Salentine moved to defer. Madden seconded; motion carried. NEW BUSINESS Ord. #1249 - An Ordinance Repealing the Chapter 39 Traditional Neighborhood Development Ordinance of the City of Muskego. First Reading. Common Council Minutes Page 3 January 9, 2007 LICENSES Salentine moved for approval of a Temporary Operator’s license for Matthew Anderson for 2/18/2007. Borgman seconded; motion carried. VOUCHER APPROVAL Salentine moved for approval of payment of General Vouchers in the amount of $187,720.42. Borgman seconded. Motion carried 6-0. Madden moved for approval of payment of Utility Vouchers in the amount of $31,915.42. Borgman seconded. Motion carried 6-0. Salentine moved for payment of Tax Checks in the amount of $80, 777.31. Borgman seconded. Motion carried 6-0. CLOSED SESSION It was announced that the Common Council would convene into closed session at 7:57 PM. 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 Richard Lucht. Schaefer seconded. Motion carried 6-0. Borgman 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 determine compensation for new Police Chief. Madden seconded. Motion carried 6-0. 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. Snead seconded. Motion carried 6-0. The Clerk-Treasurer was dismissed. Atty. Molter was present for the first closed session and then dismissed. Salentine moved to reconvene into open session. Madden seconded; motion carried. NEW BUSINESS (Continued) Reso. #006-2007 - Resolution to Establish Compensation for City of Muskego Police Chief. Salentine moved for adoption. Schaefer seconded. Motion carried 6-0. Common Council Minutes Page 4 January 9, 2007 ADJOURNMENT Salentine moved to adjourn at 9:07 PM. Madden seconded; motion carried. Janice Moyer, CMC, CMTW Clerk-Treasurer