CCM20080226
COMMON COUNCIL - CITY OF MUSKEGO Approved: 03/11/2008
MINUTES OF MEETING HELD FEBRUARY 26, 2008
Mayor Johnson called the meeting to order at 7:30 p.m. Present were Ald. Fiedler,
Melcher, Werner, Borgman, Pavelko and Snead, City Administrator Sheiffer, Clerk-
Treasurer Moyer and City Attorney Larson. 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 2/22/2008, and as amended on 2/25/2008.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor noted that communication from Virchow Krause & Company dated
January 23, 2008 was addressed to the Common Council and Big Muskego Lake
Commissioners regarding new auditing standards. Any questions should be directed to
the auditors.
No one registered to speak under Public Comment.
CONSENT AGENDA
Borgman moved to approve the Consent Agenda subject to removal of Reso.
#048-2008. Fiedler seconded. Motion carried 6-0.
The following items were approved:
Common Council Minutes of 2/12/2008
Reso. #047-2008 - Approval of Request by Tess Corners Volunteer Fire Department to
Purchase Phoenix Software and Hardware for Fire and Rescue Vehicles
Reso. #049-2008 - Approval of Revolving Loan Fund Application (Alpha Plastics).
Werner stated that City tax dollars are not used for this fund. The Community
Development Authority is recommending approval of the application.
NEW BUSINESS
Reso. #048-2008 - Resolution Authorizing the Payment of Voucher for Legal Services of
Muskego Volunteer Fire Company (MVFC). Borgman moved for adoption. Werner
seconded. Borgman stated that this issue was coming to the Council without a
recommendation from the Finance Committee. The voucher amount is $7,145.15 for
legal fees incurred in December of 2007. Borgman does not want to pay for legal fees
with the possibility that Muskego Volunteer Fire Company will sue the City. The Mayor
stated the invoice reflects that the services were for contract negotiations. Werner
stated that the line item in the 2007 budget that the funding would be taken from is
already over expended. He does not want to authorize payment not knowing if there
are any funds remaining in the 2007 MVFC budget. Borgman stated that he still does
not support authorizing payment even if 2007 funds are available. Mayor Johnson
stated that the attorney indicated that the City has no legal obligation to pay the invoice
because there is no contract. Fiedler agrees with Werner’s position. This is just
another issue that needs to be negotiated. Snead also agreed with Ald. Werner. She is
uncertain about what is happening and does not support payment in light that the
Common Council Minutes Page 2
February 26, 2008
potential for litigation does exist. Pavelko stated that the invoice is for the contract,
which at this point the City does not have. Motion defeated 6-0.
REVIEW OF COMMITTEE REPORTS
Minutes of the 1/22/2008 Finance Committee, 1/21/2008 Public Works Committee,
1/28/2008 Public Utilities Committee, 1/14/2008 Parks and Recreation Board, 1/31/2008
Fire/Rescue Service Committee, and 10/22/2007 and 12/4/2007 Community
Development Authority were reviewed.
OLD BUSINESS
Ord. #1272 - An Ordinance to Amend the Zoning Map of the City of Muskego (Kuehn
Properties, LLC - M-2 to B-2). Second Reading. Borgman moved for adoption.
Fiedler seconded. Motion withdrawn with agreement by the second because the
Plan Commission has not made a recommendation. Werner moved to table.
Melcher seconded; motion carried.
LICENSES
Borgman moved for approval of an Operator’s License for Donna Sherman-Ryan
and Dennis Flitsch. Melcher seconded. Motion carried 6-0.
Borgman moved for approval of a Class “A” Dance Hall License and “Class B”
Retailers’ License for the Sale of Fermented Malt Beverages and Intoxicating
Liquor for Addis Management, LLC d/b/a Danny Haskell’s, W171 S7260 Lannon
Drive. Werner seconded. Motion carried 6-0.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$567,713.40. Werner seconded. Motion carried 6-0. Melcher moved for approval
of payment of Utility Vouchers in the amount of $34,118.21. Borgman seconded.
Motion carried 6-0. Melcher moved for approval of payment of Tax Checks in the
amount of $6,003,182.45. Borgman seconded. Motion carried 6-0. Melcher
moved for approval of Wire Transfers in the amount of $536,197.50. Werner
seconded. Motion carried 6-0.
CITY OFFICIALS’ REPORTS
The March calendar was reviewed.
ADJOURNMENT
Snead moved to adjourn at 8:05 p.m. Fiedler seconded; motion carried.
Janice Moyer, CMC, CMTW
Clerk-Treasurer