CCM20071211
COMMON COUNCIL - CITY OF MUSKEGO Approved: 01/08/2008
MINUTES OF MEETING HELD DECEMBER 11, 2007
Mayor Johnson called the meeting to order at 7:30 p.m. Present were Ald. Fiedler,
Schaefer, Melcher, Werner, Borgman, Pavelko and Snead, Clerk-Treasurer Moyer and
City Attorney Molter. Those present recited the Pledge of Allegiance. The Clerk stated
that the meeting was noticed in accordance with the open meeting law on 12/7/2007.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Reso. #236-2007 Recognition of Service for Cathie Anderson. Borgman moved for
adoption. Schaefer seconded. Mayor Johnson stated that Cathie’s presence would
be missed. Motion carried 7-0.
No one registered to speak under Public Comment.
CONSENT AGENDA
Schaefer requested that Reso. #247-2007 be removed from the Consent Agenda. Also
removed were Resolutions #246-2007 and 248-2007.
Fielder moved to approve the Consent Agenda. Werner seconded. Motion
carried 7-0.
The following items were approved:
Common Council Minutes of 11/27/2007
Reso. #237-2007 - Appointment of Election Officials by Mayor of the City of Muskego.
Reso. #238-2007 - Dedication of Public Improvements within Quietwood East II
Subdivision Located East of Quietwood Drive and North of Woods Road.
Reso. #239-2007 - Resolution Authorizing Special Quarterly Charges for Garbage and
Refuse Disposal and Recycling Service.
Reso. #240-2007 - Reduction in Letter of Credit - Quietwood East II.
Reso. #241-2007 - Resolution to Approve Deductible for Auto Physical Damage Policy
with the State of Wisconsin Property Insurance Fund and Approve Insuring All City-
Owned Licensed Vehicles.
Reso. #242-2007 - Resolution to Approve Use of I-Stream Check Processing for
Deposits by the City’s Rescue Billing Service, National EMS, Inc.
Reso. #243-2007 - Resolution Rescinding Resolution #210-2007 and Requesting
Removal of Certain Delinquent Personal Property Taxes from the City’s General Ledger
Balance.
Reso. #244-2007 - Approval of Agreement for Ambulance Services with the Tess
Corners Volunteer Fire Department.
Reso. #245-2007 - Approval of 2008 Cost of Living Adjustment for Nonrepresented
Employees of the City of Muskego.
Common Council Minutes Page 2
December 11, 2007
Reso. #249-2007 - Approval of Amendment to Health Reimbursement Arrangement
(HRA) Plan Document and Adoption Agreement.
NEW BUSINESS
Reso. #246-2007 - Resolution to Establish the Wages Which Shall Be Paid by the City
of Muskego to Its Non-Union Employees. Borgman moved for adoption noting that
the Finance Committee removed the City Engineer position from the schedule.
Melcher seconded. Motion carried 7-0.
Reso. #247-2007 - Approval of Dental Insurance Contracts for 2008. Borgman moved
for adoption. Melcher seconded. Motion carried 6 in favor and Schaefer
abstaining because her husband is a City employee.
Reso. #248-2007 - Approval of Carriers for the City’s Insurance for 2008 (Liability,
Workers’ Compensation, Property and Auto Physical Damage). Borgman moved to
defer. Fiedler seconded. Motion carried 6 in favor and Schaefer abstaining.
REVIEW OF COMMITTEE REPORTS
Minutes of the 11/13/2007 Committee of the Whole, 11/13/2007 Finance Committee,
10/24/2007 Library Board, 11/20/2007 Plan Commission, and 10/29/2007 Public Utilities
Committee were reviewed.
OLD BUSINESS
Ord. #1271 - An Ordinance to Amend the Zoning Map of the City of Muskego (Diekfuss
A-1 to RCE). Second Reading. Fiedler moved for adoption. Schaefer seconded.
Schaefer stated that she did not receive any negative feedback; she believes the
reason is that the rezoning is in compliance with the Comprehensive Plan. Motion
carried 7-0.
NEW BUSINESS
Reso. #222-2007 - Approval of Stipulation and Order (Veolia ES Emerald Park Landfill,
LLC vs. City of Muskego). Fiedler moved for adoption. Werner seconded. Motion
carried 7-0.
Reso. #250-2007 - Reorganization of the City of Muskego Police Association Retiree
Health Trust and Associated Memorandum of Agreement with the Muskego Police
Association. Werner moved for adoption. Borgman seconded. Motion carried 7-0.
Reso. #251-2007 - Approval of 2008 Sewer Utility Budget and Rates. Borgman moved
for adoption. Pavelko seconded. Motion carried 7-0.
Reso. #252-2007 - Approval of 2008 Water Utility Budget and Rates. Melcher moved
for adoption. Pavelko seconded. Motion carried 7-0.
Reso. #253-2007 - Approval of Fire Protection Agreement with Muskego Volunteer Fire
Company. Borgman moved for adoption. Fiedler seconded. Fiedler moved to
Common Council Minutes Page 3
December 11, 2007
amend to add “BE IT FURTHER RESOLVED That the City of Muskego will
continue to provide bill paying service for the Muskego Volunteer Fire Company
as provided in the previous year.” Werner seconded. Fiedler moved to amend to
include the term of the agreement, January 1, 2008 to December 31, 2008.
Melcher seconded. Fiedler moved to amend the agreement to include that the
term is January 1, 2008 to December 31, 2008 and that the quarterly payment is
$72,280.50. Melcher seconded. Pavelko questioned the proposed amendment
regarding the City paying the fire company’s bills because that language is not in the
agreement. Following discussion with Atty. Molter, Fiedler withdrew all motions
made with Werner and Melcher agreeing as the second. Fiedler moved to amend
the agreement to include the term of January 1, 2008 to December 31, 2008 and to
have the second sentence in the second paragraph to read, “Additionally, that
party of the second part will pay bills up to the amount of $289,122 annually,
payable upon receipt of bills or invoices from the department.” Melcher
seconded. Motion carried 7-0. Reso. #253-2007, as amended, adopted 7-0.
Reso. #254-2007 - Approval of Fire Protection Agreement with Tess Corners Volunteer
Fire Department. Fiedler moved for adoption and to include that the term of the
agreement is January 1, 2008 to December 31, 2008 and that the quarterly
payment is $39,393.75. Melcher seconded. Fiedler moved to amend the
resolution to include the term of the agreement and to add, “BE IT FURTHER
RESOLVED That the parties to the contract may open the contract in the fourth
quarter to address budget shortfall or unification costs.” Melcher seconded.
Motion carried 7-0. Reso. #254-2007, as amended, adopted 7-0.
Reso. #255-2007 - Disallowance of Claim - Herdeman. Borgman moved for
adoption. Fiedler seconded. Motion carried 7-0.
Reso. #256-2007 - Preliminary Resolution Declaring Intent to Exercise Special
Assessment Police Powers Under §66.0703 WI Statutes as to Hillside Drive Drainage
Improvements. Borgman moved for adoption. Fiedler seconded. Melcher
expressed concern that the City was considering levying a special assessment for
drainage improvements that property owners on Hillside do not want. Borgman stated
the Public Works Committee rejected the bids and determined to go through the
assessment process because a public hearing would be held. Melcher believes this
sets a precedent. Fiedler stated that he never believed it was the City’s responsibility to
address the drainage issues for those properties at the bottom of the hill. The previous
Council approved an expenditure of $40,000 for this issue. The low bid received was
$61,000. The Public Works Committee determined that the only way to do the project
was to assess the people that would benefit from the work being done. Fiedler stated
that if the alderman of the district does not want to pursue, he is in agreement as he
opposed spending the $40,000 from the beginning. Schaefer noted that this was only a
preliminary resolution and the project did not have to proceed depending on the input
from the public hearing. Motion carried 7-0.
LICENSES
Borgman moved for approval of an Operator’s License for Keri Holzschuh and
Susannah Leroy. Werner seconded; motion carried.
Common Council Minutes Page 4
December 11, 2007
Borgman moved for approval of a Temporary Class “B” License to Sell
Fermented Malt Beverages for St. Leonard Congregation for 1/12/2008. Melcher
seconded; motion carried.
Werner moved to approve a change of agent for the “Class B” license held by
Club Durham, Inc., S98 W12532 Loomis Court, to Roger Andrews. Borgman
seconded; motion carried.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$798,269.72. Borgman seconded. Motion carried 6 in favor and Schaefer
abstaining because of two items: fire department payroll and clothing
reimbursement for a family member. Schaefer moved for approval of payment of
Utility Vouchers in the amount of $37,864.44. Borgman seconded. Motion carried
7-0. Melcher moved for approval of payment of Tax Checks in the amount of
$98.97. Borgman seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
Melcher requested to be excused from the meetings to be held on January 8, 2008. He
also requested that the Public Utilities Committee be held the fourth Monday in January.
ADJOURNMENT
Snead moved to adjourn at 8:45 p.m. Fiedler seconded; motion carried.
Janice Moyer, CMC, CMTW
Clerk-Treasurer