CCM20071113
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD NOVEMBER 13, 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, Finance Department Supervisor Mueller, City Engineer White,
and City Attorney Alexy. Those present recited the Pledge of Allegiance. The Clerk
stated that the meeting was noticed in accordance with the open meeting law on
11/9/2007.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Clerk read a Proclamation stating that November 14, 2007 is National Geographic
Information System (GIS) Day.
Reso. #207-2007 – Resolution Acknowledging the Eighth Grade Muskego Junior
Warriors Football Team. Borgman moved for adoption. Schaefer seconded.
Motion carried 7-0. Mayor Johnson presented the resolution to Coach Bennie Lewis,
who thanked the Council for the acknowledgement.
PUBLIC COMMENT
The following registered to speak:
Suzi Link, W172 S7297 Lannon Drive. She made the following comments:
TID # 10 - favors; Ord. #1270 (Mayor’s Salary) - Insulting to people who voted in the
referendum; Reso. #217-2007 (Razing Order) - There is a structure on City property
that should be razed; the same rules should apply; Fire Departments - City should not
choose one over the other, have departments get together and work out a single
contract proposal to present to the City.
The following registered to speak regarding the Fire Department issue:
Elsie Stolz, spoke in favor of the Muskego Volunteer Fire Co.
Joan Kohne, spoke in favor of the Muskego Volunteer Fire Co. Retain status quo.
Nancy Salentine - spoke regarding the study done by TriData.
Tom Schaefer - asked for more time to rectify issues.
Terry Sindic - proud of both departments. Concerned that consolidation may increase
taxes. Give Muskego Volunteer Fire Co. more time.
OLD BUSINESS
Reso. #106-2007 - Establishing an Ad Hoc Committee to Make Recommendations on
Addressing the Fire Study Recommendations Found in the April 2007 Master Plan for
the Provision of Fire/Rescue Service. On the floor, deferred 8/14/2007. Motion to
adopt defeated 7 in favor.
Common Council Minutes Page 2
November 13, 2007
NEW BUSINESS
Reso. #212-2007 - Resolution Establishing an Ad Hoc Committee to Make
Recommendations for Establishing the Framework from which the City May Contract
with One Volunteer Fire/Rescue Department for the Provision of Fire/Rescue Service
for the City of Muskego. Werner moved for adoption. Borgman seconded. Mayor
Johnson read a portion of the TriData study regarding Recommendation 1, “In Muskego
the fire and rescue services are provided by two independent fire companies, both not-
for-profit incorporated businesses. This is where the current system begins to become
dysfunctional. The dysfunction is a result of two factors. First, is the lack of a single
point of accountability for all fire/rescue functions within the jurisdiction. The current
private fire companies are autonomous operations and act as private corporations that
contract to provide emergency services for the City of Muskego. The second area of
dysfunction is the ‘one upmanship’ between the individual fire companies, which is
driving duplications of services and unnecessary duplication of equipment. Again,
centralized administration will be needed to correct this potentially costly practice and
use fire/rescue resources to their maximum potential.” He stated that the first
recommendation of the study is to establish a single Department of Fire/Rescue
Services responsible for these emergency services with the City of Muskego. The fire
departments had from April to November to come up with a plan to address the
recommendations in the study. Mayor Johnson stated that the two departments
discussed Recommendation 1, but believed it was a decision for the Common Council
to make.
Discussion took place regarding the audits required by both departments. The City
Administrator stated that the documentation submitted by Muskego was not an audit.
Several members from Muskego confirmed that the audit was in the process of being
completed. Pavelko moved to defer to give Muskego an opportunity to have the
audit completed. Borgman seconded. Motion carried 4-3 with Melcher, Borgman,
Pavelko, and Snead voting yes and Fiedler, Schaefer, and Werner voting no.
CONSENT AGENDA
The Clerk stated that because renewal of the service agreement with National EMS
Billing was not discussed at the Finance Committee, the resolution (#209-2007) would
be removed. Borgman moved to approve the Consent Agenda. Schaefer
seconded. Motion carried 7-0.
The following items were approved:
Common Council Minutes of 10/23/2007 and 11/5/2007
Reso. #205-2007 - Acceptance of Proposal Submitted by J. M. Brennan, Inc. to Replace
Compressor for City Hall Air Conditioning Unit.
Reso. #206-2007 - Acceptance of Proposal Submitted by Pro Electric, Inc. to Install
Emergency Vehicle Pre-emption Equipment at Racine Avenue and Hillendale Drive
Signals.
Reso. #210-2007 - Resolution Declaring Certain Delinquent Personal Property Taxes to
be Uncollectible.
Common Council Minutes Page 3
November 13, 2007
Reso. #211-2007 - Approval of Golf View Estates Subdivision Preliminary Plat.
NEW BUSINESS (Continued)
Reso. #216-2007 - Relocation Order of the City of Muskego, Waukesha County,
Wisconsin (Watercourse Improvements/Lemke). Borgman moved for adoption.
Fiedler seconded. Motion carried 7-0.
Reso. #217-2007 - Resolution Authorizing City Staff and City Attorney to Take Steps
Necessary to Order Razing or Repair of Structure Located at S98 W12742 Loomis
Road. Borgman moved for adoption. Fiedler seconded. The Mayor stated that the
property was in very poor condition and should be razed. Motion carried 7-0. City
Engineer White was dismissed.
OLD BUSINESS (Continued)
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).
Second Reading. Fiedler moved for adoption. Borgman seconded. Motion
carried 7-0.
Ord. #1270 - Establishing Salary for Mayor (2008 - 2011). Second Reading. Werner
moved for adoption. Fiedler seconded. Pavelko stated that he did not support the
ordinance to change the position to full time and cannot support the ordinance to
increase the salary. He said this is not about the current Mayor and the job he is doing.
Motion carried 4-3 with Fiedler, Schaefer, Werner, and Snead voting yes and
Melcher, Borgman, and Pavelko voting no.
Reso. #027-2007 - Approval of Condominium Plat, Developer’s Agreement and Letter of
Credit for St. Andrews Village Condominiums Phase 2. Tabled 5/22/2007. Fiedler
moved to remove the item from the table. Snead seconded. Motion carried 7-0.
The outstanding issue was the Letter of Credit, which has now been approved. Motion
to adopt carried 7-0.
NEW BUSINESS (Continued)
Reso. #213-2007 - Appointment of Members to the Fire/Rescue Service Committee.
Borgman moved for adoption. Werner seconded. Schaefer moved to defer.
Borgman seconded. Motion carried 7-0.
Reso. #214-2007 - Approval of 2008 General Fund Operating Budget and Tax Levy.
Fiedler moved for adoption. Werner seconded. Ms. Mueller reviewed the changes
made pursuant to Committee of the Whole meeting. Intergovernmental Revenues were
increased by $42,487 to reflect the revised transportation aids estimate. The Public
Safety expenditure was reduced by $38,408 for the Bldg. Inspector position; the amount
was moved to Unclassified. The last adjustment was to Transfers from Other Funds,
which was also decreased by the $38,408. Borgman stated that while the budget
overall is good; he is concerned about the use of fund balance to pay the expenses of
the City. However, he believes this budget is setting an agenda; the change in the
Mayor’s salary is one piece, which creates a fiscally top heavy executive branch. He is
Common Council Minutes Page 4
November 13, 2007
troubled that this Council took action to undo what the previous Council did with very
little regard. We are now back to a situation that the previous Council strove to change.
His priority is the representation of his constituents. He will not support the budget.
Motion carried 5-2 with Borgman and Pavelko casting the no votes.
Reso. #215-2007 - Approval of 2008 Capital Budget ($1,363,349). Borgman moved
for adoption. Fiedler seconded. Motion carried 7-0.
The Mayor stated that Mr. Paul Thompson of Hutchinson, Shockey, Erley & Co. was
present for the next three resolutions regarding TID Number 10. The resolutions will
have to be deferred because of timing. Mr. Thompson stated he and Mr. Muenkel
wanted the Council to receive copies of the project plan so it could be reviewed prior to
final approval. A developer’s agreement with Ace Industrial Properties is also being
worked on. Mr. Thompson highlighted some key elements of the agreement. The
developer has to complete the purchase of the property no later than 12/31/2007.
Construction on the new building has to begin no later than 4/1/2008. Upon completion,
the building must have a value of not less than $25 million. The building has to be
substantially complete by 6/1/2009. The developer has agreed that if there is a shortfall
of tax increment revenue relative to debt service, the difference will be made up by a
special assessment. The final agreement should be presented to the Council in
December.
Reso. #218-2007 - A Resolution Approving the Project Plan for Tax Incremental District
Number 10 of the City of Muskego, Wisconsin. Melcher moved for adoption.
Borgman seconded. Melcher moved to defer. Borgman seconded; motion
carried.
Reso. #219-2007 - A Resolution Creating Tax Incremental District Number 10 of the
City of Muskego, Wisconsin. Melcher moved for adoption. Borgman seconded.
Melcher moved to defer. Borgman seconded; motion carried.
Reso. #220-2007 - Resolution Authorizing Development Agreement with Ace Industrial
Properties, Inc. Melcher moved for adoption. Borgman seconded. Melcher moved
to defer. Borgman seconded; motion carried.
REVIEW OF COMMITTEE REPORTS
Minutes of the 10/18/2007, 10/23/2007 and 10/25/2007 Committee of the Whole,
10/9/2007 Finance Committee, 10/16/2007 Plan Commission, 9/24/2007 Community
Development Authority, 9/17/2007 Public Utilities, 9/26/2007 Library Board and
8/16/2007, 8/29/2007 and 9/12/2007 Teen Advisory Board were reviewed.
LICENSES
Borgman moved for approval of an Operator’s License for *Jessica Nuss, Karen
Bublitz, Jaime Czechorski, Nicole Daggett, Jessica Heinzen, Bethany Hunter,
Katherine Kamenz, Jean Rogers, and Gregory Skudlarczyk. Melcher seconded.
Motion carried 7-0.
Werner moved for approval of a “Class A” Retailers’ License for the Sale of
Fermented Malt Beverages and Intoxicating Liquors for Phil Express Mart, LLC,
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November 13, 2007
d/b/a Muskego Mobil, S73 W16680 Janesville Road. Borgman seconded. Motion
carried 7-0.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$667,359.52. Schaefer seconded. Motion carried 7-0. Schaefer moved for
approval of payment of Utility Vouchers in the amount of $123,790. Pavelko
seconded. Motion carried 7-0.
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 Richard Lucht Easement Matter. Action may be taken in closed
session. The Common Council will then reconvene into open session to continue
with agenda items. Schaefer seconded. Motion carried 7-0. Atty. Ray Pollen was
present for closed session.
OPEN SESSION
Borgman moved to convene into open session. Melcher seconded; motion
carried.
Reso. #221-2007 - Consideration of Agreement to Resolve Lucht Matter. Fiedler
moved for adoption. Borgman seconded. Motion carried 7-0.
Reso. #222-2007 - Removed.
ADJOURNMENT
Snead moved to adjourn at 8:55 p.m. Fiedler seconded; motion carried.
Janice Moyer, CMC, CMTW
Clerk-Treasurer