CCM20070828
COMMON COUNCIL - CITY OF MUSKEGO Approved: 09/11/2007
MINUTES OF MEETING HELD AUGUST 28, 2007
Mayor Johnson called the meeting to order at 7:55 PM. Present were Ald. Fiedler,
Schaefer, Melcher, Werner, Borgman, and Pavelko, City Administrator Sheiffer, City
Attorneys Molter and Riffle, 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 8/24/2007. Ald. Snead arrived at 8:30 PM.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor stated that he met with the mayors from Milwaukee and New Berlin
regarding the MMSD freeze.
Reso. #168-2007 - Recognizing Linda Brown for Thirty Years of Service to the City of
Muskego. Library Director Sanhuber and Library Clerk Wojciechowski were present.
Borgman moved for adoption. Fiedler seconded. Motion carried 6-0. The Mayor
presented the resolution to Linda.
PUBLIC COMMENT
Mr. Martin Goodson, W198 S7436 Hillendale Drive, stated he had concerns regarding
the certified survey map for Knudsen (Reso. #152-2007) and would like the issue to go
back to the Plan Commission. He submitted a map of the property (dated 1996) that
depicted the wetland area at that time. There is concern that the wetland area is now
smaller and some filling took place. (Following the meeting, the map was forwarded to
the Plan Department for filing.)
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 update from City Attorney regarding lawsuit entitled Veolia ES
Emerald Park Landfill, LLC vs. City of Muskego, for 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 pursuant to §19.85(1)(e), specifically respecting the
current contract between the City and Emerald Park Landfill, as it relates to the
potential expansion of the landfill. Pavelko seconded. Motion carried 6-0. City
Administrator Sheiffer, and City Attorneys Molter and Riffle were present for closed
session. Everyone else present was requested to leave.
OPEN SESSION
Borgman moved to convene into open session at 8:32 PM. Melcher seconded;
motion carried. Attorney Riffle was dismissed. Ald. Snead was now present.
Common Council Minutes Page 2
August 28, 2007
OLD BUSINESS
Reso. #152-2007 - Approval of Certified Survey Map - Knudsen. On the floor, deferred
8/14/2007. Melcher stated constituents located in the vicinity of this property have
concerns that wetlands were possibly filled in. He suggests that the issue be referred
back to the Plan Commission. A new resident in the area was recently told that this
property would not be developed. However, now there is a proposed land division and
there is concern that a subdivision will be developed. Werner stated a verbal statement
that the land would not be developed carries little weight. In addition, wetlands are
often re-evaluated and redelineated. The Mayor stated that the issue before the
Council at this time is approval of a land division and not a question of whether or not
the land will be developed. Fiedler agreed with the Mayor and stated it is not the role of
the Council to act as a court. The wetland issue is also not under the Council’s
jurisdiction. Fiedler stated he does not support sending the map back to the Plan
Commission. He does not believe there is any reason to not approve the land division
as presented. Motion to adopt carried 6 in favor and Melcher voting no.
CONSENT AGENDA
Borgman moved to approve the Consent Agenda. Werner seconded. Motion
carried 7-0.
The following items were approved:
8/14/2007 Common Council Minutes
Reso. #169-2007 - Resolution of Eligibility for Exemption from the County Library Tax
Levy for 2008.
Reso. #170-2007 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit
for Rustic Trail Estates Subdivision.
Reso. #171-2007 - Approval of the City of Muskego Grant Application for the
Development of a Comprehensive Plan.
REVIEW OF COMMITTEE REPORTS
Minutes of the 7/24/2007 Finance Committee, 3/29/2007 Community Development
Authority, 7/10/2007 Committee of the Whole, 7/9/2007 Parks and Recreation Board,
7/23/2007 Public Works Committee, 6/18/2007 Public Utilities Committee and 6/21/2007
Teen Advisory Board were reviewed.
OLD BUSINESS (Continued)
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 8/14/2007.
Schaefer moved to defer. Melcher seconded; motion carried
Ord. #1262 - An Ordinance to Amend Chapter 8 to Delete Section 8.025 of the
Municipal Code of the City of Muskego (Driveway Construction to Streets and Alleys
Common Council Minutes Page 3
August 28, 2007
Containing Curb and Gutter). Second Reading. Fiedler moved for adoption.
Borgman seconded. Motion carried 7-0.
NEW BUSINESS
Reso. #172-2007 - Authorization to Enter into Agreement between the City of Muskego
and Planning and Design Institute, Inc. (PDI) for Professional Services for the Janesville
Road Streetscaping Planning/Design. Werner moved for adoption. Borgman
seconded. Atty. Molter stated the he recommended several changes and none of them
have been made. Werner withdrew his motion. The Mayor stated he has a copy of
the final agreement. Melcher stated he objects to receiving items to be approved the
night of the meeting. Atty. Molter agreed that if substantial changes are required, the
Council should review the final documentation. Fiedler agreed and stated he does not
want to spend time reviewing drafts that are then revised. The Mayor stated he would
like to see this finalized as the company is already representing the City without a
signed agreement. Werner moved for adoption of the final draft subject to
approval of the City Attorney. Borgman seconded. Motion carried 7-0.
Ord. #1263 - An Ordinance to Amend Chapter 12, Sections 12.01(3), 12.01(5),
12.01(10) and to Repeal and Recreate Section 12.01(6) and to Create Sections
12.01(6.3), 12.01(6.5) and 12.01(6.7) of the Municipal Code of the City of Muskego
(Licensing Sales of Alcoholic Beverages). First Reading.
Ord. #1264 - An Ordinance Creating Sections 1.9(4) and (5) of the Municipal Code of
the City of Muskego to Provide for the Canvassing of Absentee Ballots for All Elections
in the City of Muskego by the Municipal Board of Absentee Ballot Canvassers. First
Reading.
LICENSES
Borgman moved for approval of an Operator’s License for Richard Andrews,
Jesse Helm, Jamie Kieliszewski, Amber Puranen and John Williams and approval
to renew Operators’ Licenses for Jason Bradley, Jacquelyn Corso, Gary Cropper
and Andrew Peterson, approval of a change of agent for Beef’s Muskego, Inc.
(Beef ‘O’ Brady’s) to Tracy Williams, and approval of an amendment to the
licensed premise and outside dance permit for Brickhouse Bar & Grill for
9/8/2007. Werner seconded. Motion carried 7-0.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$464,189.26. Borgman seconded. Motion carried 6 in favor and Schaefer
abstaining. Schaefer moved for approval of payment of Utility Vouchers in the
amount of $64,122.28. Melcher seconded. Motion carried 7-0. Melcher moved for
approval of Tax Checks in the amount of $66.12. Borgman seconded. Motion
carried 7-0. Melcher moved for approval of Wire Transfers in the amount of
$86,197.50. Borgman seconded. Motion carried 7-0.
Common Council Minutes Page 4
August 28, 2007
CITY OFFICIALS’ REPORTS
The September calendar was reviewed. The Mayor noted that capital budget items
would be reviewed at the first budget meeting (9/13) as the operating budget may not
be ready.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Ald. Schaefer thanked everyone who assisted with the Teen Advisory Board dunk tank
at the community festival. Ald. Melcher noted that on 9/19 the Muskego Historical
Society would hold its annual general meeting. Ald. Werner was thanked for
coordinating the purchase of the logo shirts.
CLOSED SESSION
Borgman moved to convene into closed session at 9:16 PM 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.
Schaefer seconded. Motion carried 7-0. The City Administrator, Clerk-Treasurer and
Atty. Molter were dismissed.
OPEN SESSION
Borgman moved to reconvene into open session. Fiedler seconded; motion
carried.
ADJOURNMENT
Snead moved to adjourn at 9:55 PM. Fiedler seconded; motion carried.
Janice Moyer, CMC
Clerk-Treasurer