CCM20070424
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD APRIL 24, 2007
The meeting was called to order at 8:15 PM by Mayor Johnson. Present were
Ald. Fiedler, Melcher, Werner, Borgman, Pavelko, and Snead, City Attorney
Molter, City Administrator Sheiffer, and Clerk-Treasurer Moyer. Ald. Schaefer
was excused. Assessor Laura Mecha, Engineer David White, and Police Chief
Paul Geiszler were also present. Those present recited the Pledge of Allegiance.
Ms. Moyer stated that the meeting was noticed in accordance with the open
meeting law on 4/20/2007.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
A Certificate of Appreciation for Neome Schaumberg for her years of service on
the Plan Commission was read.
A Proclamation declaring April 27, 2007, as Arbor Day was read.
Mayor Johnson asked the Common Council to consider scheduling a Committee
of the Whole meeting in May for a workshop on finances presented by Ehlers &
Associates. Two topics will be presented, the City’s bond rating and tax
incremental financing. A meeting was scheduled tentatively for May 10.
Mayor Johnson stated that he would like to change the format for meetings held
ndth
on the 2 and 4 Tuesday of each month. He proposed Finance Committee
beginning at 5:45 PM. A Committee of the Whole meeting was proposed for 6:30
ndth
PM the 2 and possibly the 4 Tuesday of each month. The Committee of the
Whole meeting will allow for an open discussion of items. The regular Common
Council meeting would follow at 7:30 PM. Having the Committee of the Whole
Meeting on Tuesday would replace most of the Thursday meetings held in the
past. The Mayor asked to try this format for a few months. Aldermen were
asked to give their Committee of the Whole agenda items to the Mayor. The May
th
8 Committee of the Whole agenda will include the Fire Department Study and
discussion of the format for the Committee of the Whole meetings.
PUBLIC COMMENT - no one spoke or presented comments.
CONSENT AGENDA
Borgman moved to approve the Consent Agenda items engross with the
exception of Resolution #081-2007 and 96-2007. Werner seconded. Motion
carried, 6-0. Ald Pavelko asked to have a bio for each appointee included with
the appointment resolutions. The Mayor stated that this could be done in the
future.
The following items were approved:
Common Council Page 2
April 24, 2007
Common Council Minutes of 4/10/2007 and 4/17/2007
Reso. #082-2007 Approval of Certified Survey Map - Rupp
Reso. #083-2007 Approval of Certified Survey Map - Matt Pell Properties, LLC
Reso. #084-2007 Appointment of Weed Commissioner for the City of Muskego
Reso. #085-2007 Declaring Certain Weeds to be Noxious
Reso. #086-2007 Appointment of Citizen Members to Board of Appeals
Reso. #087-2007 Appointment of Citizen Member to the Police and Fire
Commission
Reso. #088-2007 Appointment of Citizen Member to the Plan Commission
Reso. #089-2007 Appointment of Citizen Members to the Parks and
Recreation Board
Reso. #090-2007 Appointment of Commissioners to the Community
Development Authority
Reso. #091-2007 Appointment of Citizen Members to the Conservation
Commission
Reso. #092-2007 Appointment of Citizen Members to the Board of Review
Reso. #093-2007 Appointment of Citizen Members to the Library Board
Reso. #094-2007 Appointment of Citizen Member to the Future Parkland
Standing Committee
Reso. #095-2007 Appointment of Citizen Member to Veolia Environmental
Services Emerald Park Landfill, LLC Standing Committee
NEW BUSINESS
Reso. #081-2007 Resolution Regarding Proposed Video Franchising
Legislation. Mayor Johnson stated that the Finance Committee recommended
the Resolution be withdrawn because of changes in proposed legislation made at
the state level. The changes made the comments inappropriate. A new
resolution may be drafted in the future based on the changes in the proposed
legislation. The Common Council withdrew Resolution #081-2007.
Reso. #096-2007 Resolution Regarding June Meier vs. Loreen Klauser, Et Al.
Borgman moved for adoption. Melcher seconded. Attorney Molter stated
that this is a lawsuit started to clear title to the June Meier property. The City was
listed as a defendant because of a vague reference in an old deed or document
alleging a possible interest for highway purposes. City staff has been consulted,
there is no interest in developing a street or road in this area. Attorney Molter
asked to have the resolution amended to more clearly refer to both cases.
Common Council Page 3
April 24, 2007
Borgman moved to amend the title of Resolution #096-2007 to read,
Resolution Regarding Two June Meier Cases, Case #2006-CV-003-249 and
Case #2006-CV-003-250. Melcher seconded the motion to amend. Motion
carried to approve the amendment, 6-0. Motion carried to adopt the
Resolution as amended, 6-0.
REVIEW COMMITTEE REPORTS
Minutes of the Finance Committee 3/27/2007, Plan Commission 4/3/2007, Parks
& Recreation Board 3/12/2007, Public Works Committee 3/19/2007 and
3/27/2007, and Police & Fire Commission 2/8/2007.
OLD BUSINESS
Reso. #027-2007 -Approval of Condominium Plat, Developer’s Agreement and
Letter of Credit for St. Andrews Phase 2. On the floor, deferred 4/10/2007.
Borgman moved to defer. Melcher seconded. Motion carried on a voice
vote.
Reso. #061-2007 - Granting Placement of Water Ski Jump on Bed of Little
Muskego Lake (Water Bugs Ski Team). On the floor, deferred 4/10/2007. Mayor
Johnson stated that the Finance Committee is recommending approval with an
amendment. Borgman moved to amend the Resolution to read, that the
placement of the water ski jump, when it is not in use, is subject to the
review of the conservation committee. Melcher seconded the motion to
amend. Motion carried to approve the amendment on a voice vote. Ald.
Fiedler asked Attorney Molter to comment as to whether the indemnification
language in the ski jump agreement is adequate to protect the City. The
question was whether the current liability insurance policy from the Water Bugs
covers insured contracts. Liability insurance that included insured contracts
would cover the City for potential damages and defense costs in the event of a
lawsuit. Melcher moved to amend the second Be it Further Resolved to
state “and the City’s insurance consultant indicating that the coverage is
adequate to protect the City’s interests.” Snead seconded the motion to
amend. Motion carried to approve the amendment on a voice vote. Motion
carried to adopt the Resolution as twice amended, 6-0.
Reso. #068-2007 - Resolution to Amend the City’s Official Map Regarding
Durham Drive Realignment. On the floor, deferred 4/10/2007. Borgman
moved to defer. Melcher seconded. Motion carried on a voice vote. The
Plan Director and Mayor Johnson will meet with the Department of Natural
Resources on April 26 to discuss the realignment.
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). On the floor, referred back to Public Works Committee 2/27/2007.
Deferred 4/10/2007. The Mayor indicated that other communities have the same
hours for construction on weekends as the current City ordinance. He requested
Common Council Page 4
April 24, 2007
that no additional work be done on an ordinance revision at this time. Motion to
adopt Ordinance #1250, defeated on a 0-6 vote.
Ord. #1252 - An Ordinance to Amend Chapter 1, Section 1.10. of the Municipal
Code of the City of Muskego (Department of Engineering). Second Reading.
Fiedler moved for adoption. Borgman seconded. Motion carried, 6-0.
The City Administrator noted that this ordinance will separate the Engineering
and Building Department.
NEW BUSINESS
Reso. #097-2007 - Resolution Outlining City of Muskego’s Position Regarding
the Proposed 2020 MMSD Facility Plan. Borgman moved for adoption.
Melcher seconded. Motion carried, 6-0. Mayor Johnson noted that this
resolution states the City’s position regarding development of the MMSD 2020
Plan. The City is asking for a water quality approach versus regulatory measures
as suggested by the Department of Natural Resources. This will have a more
positive affect on water quality at an approximate savings of 50 million dollars.
Reso. #098-2007 - Approval of Salary Ranges for Non-represented Police
Department Positions. Borgman moved for adoption. Fiedler seconded.
Melcher moved to amend the Resolution to request a spot check of other
non-represented employee position salaries. Borgman seconded the
motion to amend. Motion carried to approve the amendment on a voice
vote. Motion carried to adopt the Resolution as amended, 6-0.
Reso. #099-2007 - Approval of Preliminary Plat - Belle Chasse Subdivision.
Fiedler moved for adoption. Borgman seconded. Motion carried, 6-0.The
amendment includes removal of six lots from the original preliminary plat to allow
for a proposed plan for the realignment of Durham Drive. If the realignment is
not approved by the Department of Natural Resources, then the lots can be
added back to the plat as buildable lots.
LICENSES
Borgman moved for approval of Operator’s Licenses for Lisa Nohelty, Mike
Lyman, Joel Chappelle, Frederick Hoeppner, and Eva Ewaskowitz and
Robert McGowan with a 3,6,9,12 month review. Melcher seconded. Motion
carried, 6-0.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount
of $293,613.25. Borgman seconded. Motion carried, 6-0. Melcher moved
for approval of payment of Utility Vouchers in the amount of $909,401.84.
Borgman seconded. Motion carried, 6-0. Melcher moved for approval of
payment of Tax Checks in the amount of $29,332.25. Borgman seconded.
Motion carried, 6-0.
Common Council Page 5
April 24, 2007
CITY OFFICIALS’ REPORTS
The May Meeting Calendar was reviewed.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS
AUTHORIZED BY LAW
No comments or business was noted.
ADJOURNMENT
Borgman moved to adjourn at 9:05 PM. Fiedler seconded. Motion carried
on a voice vote.
Janice Moyer, CMC, CMTW
Clerk-Treasurer