CCM20070724
COMMON COUNCIL - CITY OF MUSKEGO Approved: 08/14/2007
MINUTES OF MEETING HELD JULY 24, 2007
Mayor Johnson called the meeting to order at 7:48 PM. Present were Ald. Fiedler,
Schaefer, Melcher, Werner, Borgman, Pavelko, and Snead, City Administrator Sheiffer,
Finance Department Supervisor Mueller, Parks & Recreation Director Anderson,
Conservation Coordinator Zagar, Parks & Recreation Intern Gruenberg, City Attorney
Molter, and Deputy Clerk Blenski. Those present recited the Pledge of Allegiance. The
Deputy Clerk stated that the meeting was noticed in accordance with the open meeting
law on 7/20/2007 and as amended on 7/23/2007.
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Reso. #141-2007 - Resolution Acknowledging the 150 Anniversary of the Founding of
St. Paul’s Church. Borgman moved for adoption. Schaefer seconded. Motion
carried 7-0. The Mayor presented the resolution to Pastor Peter Panitzke on behalf of
St. Paul’s Church.
Chief Paul Geiszler introduced the eight Police Department Supervisors. The Deputy
Clerk swore in the following:
Captain John Z. La Tour
Captain Craig A. Moser
Lieutenant Richard L. Rens
Detective Lieutenant David J. Constantineau
Lieutenant Craig D. Simuncak
Lieutenant Andrew C. Kraus
Lieutenant James P. Kaebisch
Sergeant Chad S. Dornbach
The Mayor congratulated the officers on their promotions. Police and Fire
Commissioner Rammer was present and acknowledged the conscientiousness and
dedication of the officers that serve the community.
PUBLIC HEARING
The Deputy Clerk read the public hearing notice to consider the petition to update
Chapter 41, Section 41.06, of the Municipal Code pertaining to adopting the newly
proposed Parks and Conservation Plan and to also consider revisions to Chapter 18,
Sections 18.22, 18.31 (2)(e), 18.32 (1)(h) and 18.32 (2)(h), of the Municipal Code
relating to Letter of Credit amounts for public improvements.
An overview of the draft Parks and Conservation Plan for the City of Muskego for 2007 -
2011 was given by Conservation Coordinator Zagar and Parks & Recreation Director
Anderson. The plan updates and consolidates two existing documents: A Park and
Open Space Plan for the City of Muskego 2003 - 2007 and City of Muskego
Conservation Plan, which was adopted in 2001. The plan will become a component of
the City’s Comprehensive Plan.
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July 24, 2007
City Administrator Sheiffer stated that the proposed amendments to Chapter 18 would
increase the letter of credit amount required for public improvements from 100% to
125%. Other municipalities already require that amount.
No one present requested to be heard on either issue. The Mayor declared the hearing
closed at 8:12 PM.
NEW BUSINESS
Reso. #150-2007 - Authorizing the Issuance of a Summons as to Complaint Regarding
the “Class B” Retailers’ License for the Sale of Fermented Malt Beverages and
Intoxicating Liquors of Richard Lucht d/b/a The Lakeview Tavern. Snead moved for
adoption. Borgman seconded. Motion carried 7-0.
Reso. #151-2007 - Approving the Stipulation and Entering the Determination Regarding
the “Class B” Retailers’ License for the Sale of Fermented Malt Beverages and
Intoxicating Liquors of Richard Lucht d/b/a The Lakeview Tavern. Borgman moved for
adoption. Werner seconded. Motion carried 7-0. Captain La Tour and Mr. Lucht
signed the Stipulation and Determination and agreed to a 10-day license suspension
beginning 8/20/2007.
Reso. #148-2007 - Approval of General Fund Reserve and Annual General Fund
Budgeted Contingency Policy. Borgman moved for adoption. Melcher seconded.
Pavelko expressed concern that the policy was creating a fund that has to be spent.
The Mayor stated the money is not necessarily spent. Werner moved to amend to
replace the requirement of a 2/3 vote with a simple majority. Fiedler seconded.
Motion carried 7-0. Reso. #148-2007, as amended, adopted 7-0.
Reso. #149-2007 - Designation of Unreserved General Fund Balance. Borgman
moved for adoption. Snead seconded. The Mayor stated that the Finance
Committee recommended that $1,070,735 be designated to fund the unfunded portion
of the City’s 2006 Accrued Compensated Absences Liability. Motion carried 7-0.
CONSENT AGENDA
Reso. #145-2007 - Approval of Expenditure for Skateboard Park Fencing at Moorland
Park was removed from the Consent Agenda as the Finance Committee tabled the
item.
Borgman moved to approve the Consent Agenda. Fiedler seconded. Motion
carried 7-0. The following items were approved:
7/10/2007 Common Council Minutes
Reso. #142-2007 - Approval of Certified Survey Map and Subdivider’s Agreement for
McIntyre
Reso. #143-2007 - Acceptance of Proposal Submitted by Bonestroo, Inc. to Complete a
Master Plan for Park Arthur
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July 24, 2007
Reso. #144-2007 - Acceptance of Proposal Submitted by Bonestroo, Inc. to Complete a
Grading Plan for Moorland Park
Reso. #146-2007 - Appointment of Library Board Member
Reso. #147-2007 - Appointment of Citizen Member to Police and Fire Commission
REVIEW COMMITTEE REPORTS
Minutes of the 6/26/2007 Finance Committee, 6/19/2007 Plan Commission, 6/11/2007
Parks & Recreation Board, 6/26/2007 Committee of the Whole, 5/17/2007 and
5/31/2007 Teen Advisory Board and 4/19/2007 Police & Fire Commission were
reviewed.
OLD BUSINESS
Ord. #1254 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Oschmann - BL-2 to RM-2 and BL-2 to RS-3). On the floor, deferred 7/10/2007.
Werner moved to defer. Borgman seconded; motion carried
Ord. #1259 - An Ordinance to Amend the Zoning Map of the City of Muskego and the
2010 Comprehensive Plan (Villages of Muskego Lakes Partnership/Murifield
Development - RM-1, B-4 and A-1 to RM-1 and RM-1, B-4 and A-1 to B-4). Second
Reading. Schaefer moved for adoption. Melcher seconded. Melcher moved to
defer. Schaefer seconded; motion carried.
NEW BUSINESS (Continued)
Ord. #1260 - An Ordinance to Adopt the 2007 - 2011 Parks and Conservation Plan and
to Amend Chapter 41, Section 41.06, of the Municipal Code of the City of Muskego
(Components of the Comprehensive Plan). First Reading.
Ord. #1261 - An Ordinance to Amend Chapter 18, Sections 18.22, 18.31 (2)(e), 18.32
(1)(h), 18.32 (2)(h), of the Municipal Code of the City of Muskego (Letter of Credit
Amounts for Public Improvements). First Reading.
LICENSES
Melcher moved for approval of an Operator’s License for Rebecca Heinz, Nancy
Hilts, Daniel Kendall, Kristi Miller and Pamela Rose and approval to renew the
following Operators’ Licenses: Dani Chic, Sally Mane, Aaron Polak and Nicole
Voelkel. Werner seconded; motion carried.
Borgman moved for approval of Temporary Class “B” License for Bethlehem
Lutheran Church for 9/16/2007. Werner seconded; motion carried.
Snead moved for approval of Temporary Class “B”/“Class B” License for
Muskego Lions Club for 9/15/2007. Pavelko seconded; motion carried.
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July 24, 2007
Borgman moved for approval to amend the licensed premise for Edward Rupp
d/b/a Mug-Z’s Pub & Grill, W194 S7060 Hillendale Drive, to include the parking
lots on 8/5/2007 from 11:00 AM to 10:00 PM. Melcher seconded; motion carried.
VOUCHER APPROVAL
Borgman moved for approval of payment of General Vouchers in the amount of
$519,944.78. Schaefer seconded. Motion carried 7-0. Borgman moved for
approval of payment of Utility Vouchers in the amount of $222,902.67. Werner
seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
The August calendar was reviewed.
COMMUNICATION FROM THE MAYOR’S OFFICE
The Mayor stated that he would have the attorney present at the next meeting to give
an update regarding the landfill lawsuit. He will also have Plan Director Muenkel
present to give a report on Parkland Mall. Mr. Muenkel will also be able to present an
update regarding the streetscape project. A fundraiser will be held at the Regency on
7/27/2007 to benefit the senior taxi service.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Borgman thanked Tom Zagar for the time and effort he put into last week’s tour of Big
Muskego Lake. Schaefer stated the Teen Advisory Board is looking at putting in a sand
volleyball court by the skateboard park.
CLOSED SESSION
Snead 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 discussion regarding performance
and compensation for City Administrator. Borgman seconded. Motion carried 7-
0. The City Administrator and Deputy Clerk were dismissed.
Borgman moved to reconvene into open session. Werner seconded; motion
carried.
ADJOURNMENT
Snead moved to adjourn at 9:20 PM. Fiedler seconded; motion carried.
Jill Blenski, CMC
Deputy Clerk