CCM20070213
COMMON COUNCIL - CITY OF MUSKEGO Approved: 02/27/2007
MINUTES OF MEETING HELD FEBRUARY 13, 2007
The meeting was called to order at 7:30 PM by Mayor Johnson. Present were Ald.
Borgman, Madden, Melcher, Salentine, Schaefer and Snead, City Attorney Larson, City
Administrator Sheiffer, and Clerk-Treasurer Moyer. Ald. Buckmaster 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 2/9/2007.
PUBLIC COMMENT
The following individuals spoke in opposition of the Stagecoach Trail Preliminary Plat:
Marq Stankowski, Warren Miller and Mary Springer. The following individuals
registered an opinion against the Stagecoach Trail Preliminary Plat: Alan Brockman
and Jeanette Brockman.
CONSENT AGENDA
The Mayor requested the removal of Reso. #027-2007 from the Consent Agenda.
Salentine requested the removal of Reso. #024-2007 from the Consent Agenda.
Melcher moved to approve the Consent Agenda items engross with the exception
of Reso. #024-2007 and Reso. #027-2007. Salentine seconded. Motion carried 6-
0. The following items were approved:
Common Council Minutes of 1/23/2007
Reso. #020-2007 - Reapproval of 2007 Capital Budget Purchase - 3/4 Ton Truck with
Plow.
Reso. #021-2007 - Recreation of Committee - Mayor’s Task Force on Economic
Development.
Reso. #022-2007 - Resolution Designating Public Depository for Miscellaneous Public
Accounts and Authorizing Withdrawal of Public Moneys - Foundations Bank.
Reso. #023-2007 - Approval of Amendment to Personnel Code for Certain
Nonrepresented Employees.
Reso. #025-2007 - Approval of Certified Survey Map - Dovic/James.
Reso. #026-2007 - Approval of Amendment No. 1 to Lakewood Development - City of
Muskego Retention Pond Maintenance Agreement.
Reso. #028-2007 - Approval of Letter of Credit Reduction - Oakridge Glen and Lindale
Villas.
Reso. #030-2007 - Appointment of Citizen Member to the Police and Fire Commission
(Michael Kuwitzky).
Reso. #031-2007 - Authorize Final Distribution of Tax Incremental Districts #3, #4, #5,
#6 and #7 Funds.
Common Council Minutes Page 2
February 13, 2007
NEW BUSINESS
Reso. #024-2007 - Approval of Preliminary Plat - Stagecoach Trail. Melcher moved
for adoption. Schaefer seconded. Melcher moved to defer. Schaefer seconded.
Motion carried 6-0.
Reso. #027-2007 - Approval of Condominium Plat, Developer’s Agreement and Letter of
Credit for St. Andrews Phase 2. Salentine moved for adoption. Borgman
seconded. Atty. Larson stated that the Letter of Credit must be reissued because the
one in the packet is dated June of 2006. Salentine moved to defer. Melcher
seconded. Motion carried 6-0.
REVIEW OF COMMITTEE REPORTS
Minutes of the 1/9/2007 Finance Committee, 1/16/2007 Plan Commission, 1/11/2007
Citizen Study Committee on the Future of City Owned Settlement Center Property,
12/4/2006 Conservation Commission and 11/30/2006 and 1/25/2007 Muskego Senior
Focus Committee were reviewed.
OLD BUSINESS
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). On the floor, deferred 1/23/2007. Mayor Johnson stated that the
petitioner has withdrawn the rezoning request.
Reso. #029-2007 - Approval of Fire Department Agreement with Tess Corners
Volunteer Fire Department for 2007. Borgman moved for adoption. Madden
seconded. The Mayor stated that the City’s accountant recommended the audit
language in the proposed agreement. The audit language in the agreement with the
Muskego Volunteer Fire Company is different. However, the Mayor will contact
Muskego and ask if they will agree to the same language as that incorporated in the
Tess Corners agreement. Salentine expressed concern that the fire department could
use one of its members to perform the required audit. The City Administrator noted that
the Finance Committee amended the language of the second last paragraph on the first
page as recommended by the City Attorney. Motion carried 6-0.
NEW BUSINESS
Reso. #032-2007 - Preliminary Resolution Declaring Intent to Exercise Special
Assessment Police Powers Under §66.0703 WI Statutes as to the Lakewood Meadows
Detention Pond and Storm Sewer Rehabilitation Project. Borgman moved for
adoption. Salentine seconded. Motion carried 6-0.
Reso. #033-2007 - Denial of Claim - Weisner. Salentine moved for adoption.
Borgman seconded. Motion carried 6-0.
Reso. #034-2007 - Approval of Purchase of Phoenix Software for Muskego Police
Department. Salentine moved for adoption. Borgman seconded. Salentine noted
that the Finance Committee recommended approval contingent upon the Mayor and
City Attorney approving new contract language. Salentine moved to amend the
Common Council Minutes Page 3
February 13, 2007
resolution to include “That the Common Council approves the concept outlined
in Proposal #06-000010 subject to a software acquisition and license agreement
and software support agreement being drafted in a form approved by the City
Attorney and the Common Council.” Melcher seconded. Attorney Larson stated
the documentation provided to the Council is merely a proposal that outlines some
prices. The City needs to see a contract that outlines the specific terms and costs
associated with this purchase. The Common Council should review and approve that
document. Motion to amend carried 5 -1 with Schaefer, Melcher, Salentine,
Borgman and Snead voting yes and Madden voting no. Salentine moved to defer.
Schaefer seconded. Motion carried 6-0.
Ord. #1250 - An Ordinance to Amend Chapter 9, Section 9.05 (3), of the Municipal
Code of the City of Muskego (Loud and Unnecessary Noise Prohibited). First Reading.
LICENSES
Salentine moved for approval of an Operator’s license for Colleen Lesser and
Theresa Myers, approval of a Temporary “Class B”/Class “B” License for Friends
of the Muskego Public Library - 5/12/2007 and St. Leonard Congregation -
2/17/2007. Borgman seconded. Motion carried 6-0.
VOUCHER APPROVAL
Salentine moved for approval of payment of General Vouchers in the amount of
$2,813,564.60. Borgman seconded. Motion carried 6-0. Madden moved for
approval of payment of Utility Vouchers in the amount of $114,607.01. Borgman
seconded. Motion carried 6-0. Salentine moved for payment of Tax Checks in the
amount of $19,121.70. Borgman seconded. Motion carried 6-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Schaefer noted that the Teen Advisory Board was sponsoring a dance on March 17 at
ththth
the high school for 6, 7 and 8 grade students. Chaperones are needed.
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 purchase of property in the floodway (S76 W18109 Janesville Road).
Madden seconded. Motion carried 6-0.
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 Associate Planner
position. Madden seconded. Motion carried 6-0.
The Clerk-Treasurer was dismissed. Attorney Larson was present for the first closed
session.
Common Council Minutes Page 4
February 13, 2007
ADJOURNMENT
Salentine moved to reconvene into open session. Schaefer seconded; motion
carried. Borgman moved to adjourn at 8:50 PM. Schaefer seconded; motion
carried.
Janice Moyer, CMC, CMTW
Clerk-Treasurer