CCM20071127
COMMON COUNCIL - CITY OF MUSKEGO Approved: 12/11/2007
MINUTES OF MEETING HELD NOVEMBER 27, 2007
Mayor Johnson called the meeting to order at 7:40 p.m. Present were Ald. Fiedler,
Melcher, Werner, Borgman, Pavelko and Snead, City Administrator Sheiffer, Clerk-
Treasurer Moyer, Plan Director Muenkel, City Engineer White, Police Chief Geiszler,
and City Attorney Molter. Ald. Schaefer was excused. Those present recited the
Pledge of Allegiance. The Clerk stated that the meeting was noticed in accordance with
the open meeting law on 11/21/2007.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor noted that a combination Community Development Authority/Committee of
the Whole meeting would be held on 12/4/2007 to review the results of the Town Hall
meeting regarding the Parkland Mall site.
PUBLIC COMMENT
CPA Dan Hau - completed the audited financial statements for Muskego Volunteer Fire
Company.
Andy Mack - combining departments will cost the taxpayers more money down the
road. Need more time for department to prove itself. They are on the right track.
Mike Kersky - Asking on behalf of Muskego Volunteer Fire Co. to reconsider idea of
merging. Progress has been made to get everything up to speed, including the audit.
The projected savings of $119,000 is not realistic.
Jeff Verburgt - what will start-up costs be? Difficult to determine if projected savings are
accurate.
Steve Andrews - Do not defer decision. Both departments do an excellent job, but a
combined department is better to meet long-term needs of citizens, especially regarding
EMS.
Nancy Salentine - Emphasis has been placed on getting the audit for Muskego, but prior
to April of this year an audit was never required. It sounds good to the taxpayers that
$100,000 will be saved. What about the $300,000 that has already been invested to
make this work? The wrong message is being sent to both departments.
Suzi Link - disagrees with public comment rules. Council should address giving a 5-yr.
agreement to a group (Muskego Historical Society) at no rent that has already received
the benefit of over a half million dollars of improvements to a single building. Barn is
unsafe and is where most of the society’s assets are stored. She objects to the
society’s by-laws, which has an exclusion clause. Also objects to merging fire
departments.
PUBLIC HEARINGS
The Clerk-Treasurer read the public hearing notice to consider an amendment to the
sanitary sewer service area. Tim McCauley of SEWRPC was present. He stated that
what would be considered is an amendment to the Regional Water Quality Management
Plan for the City of Muskego. The amendment proposes to add land to the sewer
service area. The area to be added encompasses 13.5 acres located along the south
Common Council Minutes Page 2
November 27, 2007
side of Boxhorn Drive. The area contains about one-quarter of an acre of wetlands.
There are three existing housing units within the area, with one being served by public
sewer. The purpose of the proposed amendment is to provide sewer service to the
other two existing housing units and include the one already being served into the
sewer service area. SEWRPC has determined that the amendment would have very
little impact. No one requested to be heard
The Mayor stated that the next public hearing was to consider the petition of John
Diekfuss to rezone property on Parker Drive from A-1 - Agricultural District to RCE -
Country Estate District for the purpose of a future land division. Plan Director Muenkel
stated the subject property was located on Parker Drive (the portion east of Racine
Avenue). The current zoning allows parcels of at least 2.75 acres in size and 300’ in
width. The RCE district requires the same lot size with 250’ in width. The rezoning
petition is in compliance with the 2010 Comprehensive Plan. The purpose of the
petition is to allow a future land division. No one requested to be heard. The Mayor
declared the hearing closed at 8:07 p.m.
OLD 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. On the floor, deferred 11/13/2007. Pavelko expressed
concern about the start-up costs for one dept. Fiedler stated that is one issue the
committee will review. He noted that the Council considered many issues, which led to
the consensus to merge the departments. The Mayor clarified the fact that all this
resolution does is establish a committee that will make recommendations to the Council
by April 1 for one volunteer fire/rescue department. Chief Mack was allowed to speak
and expressed his objection to merge the departments. Fiedler stated the responsibility
of the Council is to the City as a whole, not a single subcontractor. He bases his vote to
move forward because of the following: excessive and duplicative costs,
communication issues, unified command structure and coordination of service, most
citizens (he believes 80%) support unified service. It will be the job of this committee to
ensure that the unified service is fair and equitable and that the history and tradition of
both departments is preserved. Borgman stated the issue of unifying the departments
has never been about money for him; he does not believe the City will save money.
The issue for him is the ability to get an answer from the fire departments. We need a
professional command structure. In addition, fire engine purchases should be one
brand. He does not agree with the structure of the proposed committee. Werner stated
he supports the resolution because it is in the best interest of the City. It is an
opportunity to look to the future to make things better. Ald. Fiedler, Borgman and
Werner recognized the dedication and commitment of all the volunteers that serve both
departments. Motion carried 6-0.
Reso. #213-2007 - Appointment of Members to the Fire/Rescue Service Committee.
On the floor, deferred 11/13/2007. The Mayor explained that a member of each fire
department would serve on the committee. The departments would determine who
would be chosen to serve. Fiedler moved to amend to appoint Jeff Rolfe as the
Professional Representative. Melcher seconded. Motion carried 6-0. Reso. #213-
2007, as amended, adopted 6-0.
Common Council Minutes Page 3
November 27, 2007
CONSENT AGENDA
Borgman moved to approve the Consent Agenda. Werner seconded. Motion
carried 6-0.
The following items were approved:
Common Council Minutes of 11/13/2007
Reso. #209-2007 - Resolution to Renew Service Agreement with National EMS Billing,
Inc.
Reso. #223-2007 - Approval of Certified Survey Map - Malchine.
Reso. #224-2007 - Approval of Lease Agreement with Jack King for Kelsey Drive
Conservation Land.
Reso. #225-2007 - Approval of Reduction in Letter of Credit for Oakridge Glen
Development.
Reso. #226-2007 - Approval of Reduction in Letter of Credit for Belle Chasse.
Reso. #227-2007 - Rejection of Bids - Pilak Creek Stream Bank Stabilization Project.
Reso. #228-2007 - Resolution to Retain Special Counsel for Representation at Liquor
License Suspension and/or Revocation Hearing.
Reso. #229-2007 - Authorize Execution of Health Insurance Contract for 2008.
REVIEW OF COMMITTEE REPORTS
Minutes of the 11/5/2007 Committee of the Whole, 10/23/2007 Finance Committee,
10/8/2007 and 10/19/2007 Parks and Recreation Board, 11/6/2007 Plan Commission,
10/10/2007 Mayor’s Task Force on Economic Development, 10/15/2007 Public Works
Committee were reviewed.
OLD BUSINESS (Continued)
Mr. Muenkel stated that the City’s consultants regarding the proposed Tax Incremental
District were present if there were any questions. Mr. Muenkel noted that the exhibits
still have to be attached to the Development Agreement. City Engineer White stated
that funding for the Moorland Road Water Tower would be paid by the TID, if approved.
Reso. #218-2007 - A Resolution Approving the Project Plan for Tax Incremental District
Number 10 of the City of Muskego, Wisconsin. On the floor, deferred 11/13/2007.
Motion carried 6-0.
Reso. #219-2007 - A Resolution Creating Tax Incremental District Number 10 of the
City of Muskego, Wisconsin. On the floor, deferred 11/13/2007. Motion carried 6-0.
Reso. #220-2007 - Resolution Authorizing Development Agreement with Ace Industrial
Properties, Inc. On the floor, deferred 11/13/2007. Fiedler moved to amend to reflect
the final agreement presented. Borgman seconded. Motion carried 6-0. Reso.
#220-2007, as amended, adopted 6-0.
Common Council Minutes Page 4
November 27, 2007
NEW BUSINESS
Reso. #230-2007 - Approval of Certified Survey Map - Ace Industrial Properties.
Borgman moved for adoption. Melcher seconded. Mr. Muenkel stated this certified
survey map creates the four parcels for the Muskego Commerce Center. One of the
parcels will be for the GE Healthcare structure. The next resolution redivides one of the
parcels to create an outlot for water tower purposes. The water tower is needed for any
development to occur in that area. The tower will probably be 90 ft. in height, which is
substantially lower than the one in the Industrial Park. Motion carried 6-0.
Reso. #231-2007 - Approval of Certified Survey Map - Ace Industrial Properties.
Borgman moved for adoption. Werner seconded. The Mayor noted that this is the
property for the water tower. Mr. Muenkel stated that the Plan Commission would
review the structure of the water tower. Motion carried 6-0.
Reso. #232-2007 - Acceptance of Proposal Submitted by Ruekert & Mielke for Design
and Construction Services for Moorland Road Water Tower. Borgman moved for
adoption. Pavelko seconded. City Engineer White noted that it would take
approximately one year to complete the tower. This will only proceed if the tax
incremental district is approved. Motion carried 6-0.
Reso. #222-2007 - Removed from agenda.
Reso. #233-2007 - Resolution for Adoption of a Muskego Sanitary Sewer Service Area
Agreement. Borgman moved for adoption. Melcher seconded. Motion carried 6-
0.
Reso. #234-2007 - Approval of City of Muskego/Muskego Historical Society Old
Muskego Settlement Centre Agreement. Werner moved for adoption. Melcher
seconded. The Mayor confirmed that all the parties involved and their legal counsel
have reviewed and approved the agreement. Pavelko expressed concern about the
term of the agreement being five years. Snead stated the agreement was a working
document and could be reviewed and changed during the five-year period. She stated
the Committee worked very diligently to bring the agreement forward. Pavelko moved
to amend the term to two years. Motion failed for lack of a second. Motion to
adopt carried 6-0.
Ord. #1271 - An Ordinance to Amend the Zoning Map of the City of Muskego (Diekfuss
A-1 to RCE). First Reading.
LICENSES
Borgman moved for approval of an Operator’s License for Vimal Kapila, Kyra
Kachikis, Vishnu Patel, Linda Reinke, Sandy Roller and Katrina Slomski. Werner
seconded. Motion carried 6-0.
Common Council Minutes Page 5
November 27, 2007
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$287,244.16. Borgman seconded. Motion carried 6-0. Melcher moved for
approval of payment of Utility Vouchers in the amount of $114,995.66. Werner
seconded. Motion carried 6-0. Melcher moved for approval of payment of Wire
Transfers in the amount of $855,193.75. Borgman seconded. Motion carried 6-0.
CLOSED SESSION
Borgman 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. Melcher seconded.
Motion carried 6-0. The Clerk-Treasurer, City Administrator and City Attorney were
dismissed.
OPEN SESSION
Borgman moved to convene into open session. Fiedler seconded; motion
carried.
Reso. #235-2007 - Resolution Approving Amendments to the City Administrator’s
Existing Employment Agreement. Borgman moved for adoption. Werner seconded.
Borgman moved to amend as follows: to extend existing agreement for the
period 1/1/2008 to 12/31/2008, to establish an annual salary of $88,520 effective
1/1/2008 and to insert “20” in Section 5. of the agreement regarding vacation.
Motion carried. Reso. #235-2007, as amended, adopted 6-0.
CITY OFFICIALS’ REPORTS
The December calendar was reviewed. Ald. Melcher announced that he would not seek
re-election as the Alderman of District 5.
ADJOURNMENT
Snead moved to adjourn at 9:50 p.m. Fiedler seconded; motion carried.
Janice Moyer, CMC, CMTW
Clerk-Treasurer