CCM20071023
COMMON COUNCIL - CITY OF MUSKEGO Approved: 11/13/2007
MINUTES OF MEETING HELD OCTOBER 23, 2007
Mayor Johnson called the meeting to order at 7:35 p.m. Present were Ald. Fiedler,
Schaefer, Melcher, Werner, Borgman, Pavelko and Snead, City Administrator Sheiffer,
Clerk-Treasurer Moyer, and City Attorney Larson. Those present recited the Pledge of
Allegiance. The Clerk stated that the meeting was noticed in accordance with the open
meeting law on 10/19/2007.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Clerk read a Proclamation urging people to purchase VFW Buddy Poppies on
November 2 and 3, 2007.
The Mayor noted that a Town Hall meeting would be held on November 12, 2007 to
deal with the topic of the Parkland Mall site.
PUBLIC COMMENT
Mayor Johnson stated that he has removed himself from publicly discussing the
ordinance proposed by Ald. Werner (to change the position from part time to full time).
The ultimate determination of the Council regarding the position will not be a factor in
his decision to further serve the City.
The Mayor stated that this portion of the meeting may exceed 30 minutes because 17
people have registered to speak. He noted that the procedure allows for each speaker
a maximum of two minutes.
The following individuals spoke in favor of Ord. #1268 and/or Ord. #1270:
John Mooney, S67 W13826 Fleetwood Road
Keith Hammitt, S66 W15079 Woodland Place
Brett Hyde, S71 W14458 Hidden Creek Court
Gerald Boisits, W174 S6815 East Drive
Wayne Salentine, S79 W20465 Tyler Drive
Michael Kuwitzky, W188 S10793 Kelsey Drive
Bill Madsen, S76 W16085 Bridgeport
David Woida, S75 W18650 Kingston Drive
Kathy Chiaverotti, spoke on behalf of the Chamber of Commerce
Charles Lustig, S97 W13767 Stonebridge Way
Skip Bartes, S98 W12878 Loomis Road
William Engelking, W188 S7642 Oak Grove Drive
The following individuals spoke in opposition of Ord. #1268 and/or Ord. #1270:
Nancy Salentine, W174 S7482 Michi Drive
Dean Strom, W173 S8011 Scenic Drive
Suzi Link, W172 S7297 Lannon Drive
The following individuals also registered to speak
Common Council Minutes Page 2
October 23, 2007
Chris Buckmaster, W150 S7191 Westcot Drive. He believes the issue of the
referendum needs to be addressed. The process used by the Council to make a
decision should be clear to the public.
Rick Petfalski, W194 S8184 Highland Park Drive, submitted a registration form, but did
not speak.
The Clerk read correspondence from Suzanne Church, S73 W17121 Briargate Lane,
Michael Cowling, W130 S9571 Jimmy Demaret Drive, and Stephen Ziegler, InPro
Corporation. All three letters supported a full-time Mayor. (Letters attached to these
minutes.)
OLD BUSINESS
Ord. 1268 - An Ordinance to Amend Chapter 1, Section 1.07, of the Municipal Code of
the City of Muskego (Full-Time Office - Mayor). Second Reading. Werner moved for
adoption. Fiedler seconded. Werner stated he has proposed the ordinance for the
Mayor to be full time without an increase in the current salary so that the individual in
the position could assume additional community development responsibilities. He
believes that the results of the 2006 advisory referendum were directly tied to the
performance of the Mayor at the time. It also did not allow the voters to have a say in
the City’s form of government. That was determined in 2005 with the hiring of a City
Administrator. The Mayor is the face of the City and key to attracting new commercial
development to Muskego. The money that will be spent on a full-time salary for the
Mayor will be money well spent. He believes the Mayor’s position being full time is in
the best interest of the City.
Borgman stated those that support the Mayor being full time are criticizing the Council
for trying to keep Muskego rural and a small town. That is why the City Administrator
was hired; the Council wanted to have professional administration. Every Mayor comes
with different skills. It is the role of the CDA to develop the property on Janesville Road.
The developers of the property in the Moorland Corridor will bring business to that area.
He supports the results of the referendum; they did not have anything to do with the
previous administration.
Pavelko also stated that he supports the results of the referendum. The Council studied
the option of having a City Administrator and part-time Mayor at great length.
Fiedler stated the Council has been elected to make decisions. The previous Council
determined the present form of government without a referendum. That was done when
the City Administrator was hired. This is a budget issue. This is a matter of investing in
the future of our City. Last week the Council determined that it was important enough to
fund the Mayor’s administrative assistant position. How much more important is it to
have the Mayor in the office on a regular basis. The demands of the position require
that it be full time. In the business world, you would not run a $13 million business with
a part-time CEO. If the position is part time, the voters will be shortchanged. He will
make his decision based on what he was told repeatedly while campaigning -- the City
needs commercial development.
Common Council Minutes Page 3
October 23, 2007
Melcher stated the voters should be listened to. The results of the referendum provided
direction to the Council. The additional $33,000 does not seem like a lot of money.
However, it could be used to fund one of the vacant positions that will not be filled
because of financial constraints. The decision to hire the City Administrator was not
made in haste. He will vote based on the results of the referendum.
Schaefer stated having an Administrator and full-time Mayor has not been a waste of
taxpayer money. Both have been an asset to the City. Several of her constituents
stated they voted for a part-time Mayor because of the negative publicity surrounding
the office at that time. She received 39 e-mails: 6 for a part-time Mayor and 33 for a
full-time Mayor. Schaefer read a few of the e-mails. She believes the Council members
should make these types of decisions and not put it to a referendum. She supports the
position being full time.
Snead believes there is so much activity in the City that a full-time Mayor is a necessity.
She appreciates the availability of the current Mayor and the ability to communicate with
him on short notice. This will be lost if the position becomes part time and concerns
her. She believes the electorate may not have understood that the referendum was
advisory. Snead supports a full-time Mayor. A position she held two years ago and
continues to hold today.
Motion to adopt carried 4-3 with Fiedler, Schaefer, Werner and Snead voting yes,
and Melcher, Borgman and Pavelko voting no.
CONSENT AGENDA
Borgman moved to approve the Consent Agenda. Fiedler seconded. Motion
carried 7-0.
The following items were approved:
Common Council Minutes of 10/9/2007
Reso. #197-2007 - Resolution Combining Wards for Election Purposes.
Reso. #198-2007 - Approval of 2008 Agreement with Jani-King, Inc. for Cleaning
Services.
Reso. #199-2007 - Renewal of Agreement with NEAS, Inc. for Employee Assistance
Program.
Reso. #200-2007 - Approval of Preliminary Plat - Wildflower Farms Subdivision.
Reso. #201-2007 - Award of Bid - Moorland Park Grading Project.
Reso. #202-2007 - Resolution Authorizing the Mayor to Approve Year-End Vouchers.
Reso. #203-2007 - Approval in Reduction in Letter of Credit - Belle Chasse Subdivision.
Reso. #204-2007 - Approval of Virchow, Krause & Company, LLP for 2007 City Audit
Engagement Letter.
Common Council Minutes Page 4
October 23, 2007
REVIEW OF COMMITTEE REPORTS
Minutes of the 9/25/2007 Finance Committee, 9/26/2007 Public Works Committee,
9/13/2007, 9/20/2007, 9/25/2007, 9/27/2007 and 10/9/2007 Committee of the Whole,
10/2/2007 Plan Commission, 9/10/2007 Parks & Recreation Board, 8/28/2007 Mayor’s
Task Force, 8/29/2007 Conservation Commission and 4/19/2007, 6/11/2007 and
7/19/2007 Police & Fire Commission were reviewed.
OLD BUSINESS (Continued)
Ord. #1259 - An Ordinance to Amend the Zoning Map of the City of Muskego and 2010
Comprehensive Plan (Villages of Muskego Lakes Partnership/Muirfield Development -
RM-1, B-4 and A-1 to RM-1 and RM-1, B-4 and A-1 to B-4). On the floor, deferred
10/9/2007. Fiedler moved to amend the ordinance to reflect the revised legal
descriptions for the area to be rezoned to RM-1 and the area to be rezoned to B-4
as recommended by the Plan Commission and to reflect Section 4 to read as
follows: “This ordinance is in full force and effect from and after passage and
publication.” Schaefer seconded. Motion carried 7-0. Ord. #1259, as amended,
adopted 7-0.
Ord. #1267 - An Ordinance to Amend the Zoning Map of the City of Muskego and the
2010 Comprehensive Plan (Petri/Quality Express Companies, LLC - RS-2 to B-2).
Second Reading. Fiedler moved for adoption. Borgman seconded. Schaefer
stated she supports the rezoning because the area is prime for business; her
constituents in the area also support the rezoning. Motion carried 7-0.
PUBLIC HEARINGS
The Mayor explained the proposed amendment to Chapter 17 (Zoning Ordinance) is to
remove Section 8.27 (3) D. of the Municipal Code, which restricts off-street parking in
the BP-3 Business Park District. The BP-3 zoning district is mainly located in the
Moorland Road area. After working with prospective developers, Plan staff found that
meeting the existing ordinance is not feasible for just about any type of business use
when setting up a site plan. Staff recommends approval or the proposed ordinance. No
one present requested to be heard. The Mayor declared the hearing closed.
NEW BUSINESS
Ord. #1269 - An Ordinance to Amend Chapter 17 of the Municipal Code of the City of
Muskego to Remove Section 8.27 (3) D. (Off-Street Parking in BP-3 Business District).
First Reading.
Ord. #1270 - Establishing Salary for Mayor (2008 - 2011). First Reading. Werner noted
for the record that the proposed salary is the same as that for the current term.
LICENSES
Melcher moved for approval of an Operator’s License for William O’Dom, Timothy
Villwock, and Michael Wilson. Borgman seconded. Motion carried 7-0.
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October 23, 2007
Werner moved for approval of a Temporary “Class B”/Class “B” License for St.
Leonard Congregation for 11/10/2007. Pavelko seconded. Motion carried 7-0.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$649,725.10. Borgman seconded. Motion carried 7-0. Schaefer moved for
approval of payment of Utility Vouchers in the amount of $321,505.14. Borgman
seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORT
The November calendar was reviewed.
ADJOURNMENT
Werner moved to adjourn at 9:20 p.m. Schaefer seconded; motion carried.
Janice Moyer, CMC, CMTW
Clerk-Treasurer
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