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CCM20080826 COMMON COUNCIL - CITY OF MUSKEGO Approved: 09/23/2008 MINUTES OF MEETING HELD AUGUST 26, 2008 Mayor Johnson called the meeting to order at 8:12 p.m. Present were Ald. Fiedler, Schaefer, Schneider, Werner, Borgman, and Pavelko, Deputy Clerk Blenski, Finance Dept. Supervisor Mueller, and City Attorney Molter. Ald. Snead was excused. Those present recited the Pledge of Allegiance. The deputy stated that the meeting was noticed in accordance with the open meeting law. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Johnson acknowledged the excellent job done by everyone to make this years community festival and parade a success. Fire Chiefs Mack and Wojnowski were present to give the Council an update. Chief Wojnowski distributed a “Transition Plan to Join Muskego Fire Department with Tess Corners.” At the present time, 22 individuals from Muskego have applied to be members of Tess Corners. He said the transition is moving forward. The Mayor stated progress needs to continue if the January 1, 2009 deadline is to be met. There are only six Council meetings left until the end of the year. Chief Mack stated he is committed to the transition. Mayor Johnson commended the efforts of both departments. No one registered to speak under Public Comment. NEW BUSINESS Reso. #157-2008 - A Resolution Authorizing the Issuance and Sale of $2,450,000 Water System Revenue Bonds of the City of Muskego, Waukesha County, Wisconsin, and Providing for the Payment of the Bonds and Other Details With Respect to the Bonds. Borgman moved for adoption. Schneider seconded. Mr. Paul Thompson of Hutchinson, Shockey, Erley & Co. was present. He noted that the Moody’s rating for the water utility was upgraded from A3 to A2. The utility is financially in good shape. The bonds are for a 20-year period with a final interest rate of 4.9%. Motion carried 6 in favor. CONSENT AGENDA Borgman moved to approve the Consent Agenda with the removal of Reso. #154- 2008 and Reso. #159-2008. Werner seconded. Motion carried 6 in favor. The following items were approved: Approval of Common Council Minutes of 8/12/2008 Approval of Operators’ Licenses for Michael Anders, Joan Andresek, Theresa Cameron, Tiffany Curler, Jeanne Everhart, Megan Grenz, Tirlochan Kler, Colleen Lonergan, Debra Obermiller, and Deana Ritzman Reso. #158-2008 - Approval of Purchase of Mini-Excavator for Public Works and Utilities Departments Reso. #160-2008 - Approval of City of Muskego/Muskego-Norway School District General Facilities Agreement Reso. #161-2008 - Resolution of Eligibility for Exemption from the County Library Tax Levy for 2009 Common Council Minutes Page 2 August 26, 2008 Reso. #154-2008 - Approval of Centrex Agreement with AT & T Global Services. Borgman moved for adoption. Werner seconded. Fiedler moved to defer. Pavelko seconded. Motion carried 5 in favor and Schaefer abstaining. Reso. #159-2008 - Approval of Contract with Tyler Technologies, Inc. for 2009 - 2010 Maintenance Services. Borgman moved for adoption. Werner seconded. Fiedler moved to defer. Pavelko seconded; motion carried. REVIEW OF COMMITTEE REPORTS Minutes of the 7/8/2008 Finance Committee, 7/21/2008 Public Works Committee, 7/14/2008 Public Utilities Committee, 7/28/2008 2020 Comprehensive Plan Committee, 7/17/2008 Mayor’s Task Force and 7/14/2008 Parks & Recreation Board were reviewed. OLD BUSINESS Ord. #1279 - An Ordinance to Amend the Zoning Map of the City of Muskego (Borst - Field Drive - EA/OWP to PD). On the floor, deferred 8/12/2008. Schaefer moved to defer. Schneider seconded; motion carried. Ord. #1280 - An Ordinance to Amend the Zoning Map of the City (Erwin - RS-1 to BP-1 and B-3 to BP-1). Second Reading. Werner moved for adoption. Fiedler seconded. Pavelko would like to have a better understanding of what is planned for the area. The Mayor stated the intent is to clean up some of the existing zoning. Mr. Carity was present. The Mayor asked if there was any objection to him addressing the Council. There was none. Mr. Carity stated the entire area to the north of the proposed Wal-Mart would be commercial in nature. Nothing has changed; the proposal is the same. Mr. Carity does not envision any bldg. being larger than 15,000 to 20,000 sq. ft. in size. Werner supports the rezoning; the area has been scrutinized. Schaefer agreed that the change made sense. Pavelko moved to defer. Motion died for lack of second. Motion to adopt carried 5 in favor and Pavelko voting no. Ord. #1281 - An Ordinance to Amend Chapter 1, Section 1.09(1), of the Municipal Code of the City of Muskego (Location of Polling Place - District 3). Second Reading. Borgman moved for adoption. Fiedler seconded. Motion carried 6 in favor. Borgman noted his support to move the polling place for his district. Reso. #146-2008 - A Resolution to Approve a Contract with the Tess Corners Fire Department to Serve All of the City of Muskego. On the floor, deferred 7/22/2008. Fiedler moved to amend to change the $10,000 amount referred to on page 2 of the contract to $20,000. Schneider seconded; motion carried. Werner moved to defer Reso. #146-2008 as amended. Fiedler seconded; motion carried. Reso. #147-2008 - A Resolution to Disband the Muskego Volunteer Fire Company and to Demand Transfer of Assets from the Muskego Volunteer Fire Company to the City of Muskego. On the floor, deferred 7/22/2008. Werner moved to defer. Schaefer seconded; motion carried. Common Council Minutes Page 3 August 26, 2008 LICENSES Werner moved to approve Outside Dance Permit and Amendment to Premise for Spitfires Food & Spirits, S76 W17957 Janesville Road, for September 12, 13 and 14. The approval is pursuant to the recommendation of the Finance Committee. Borgman seconded; motion carried. VOUCHER APPROVAL Pavelko moved for approval of payment of General Vouchers in the amount of $477,918.82. Borgman seconded. Motion carried 6-0. Pavelko moved for approval of payment of Utility Vouchers in the amount of $251,935.92. Schaefer seconded. Motion carried 6-0. Pavelko moved for approval of payment of Tax Checks in the amount of $136.06. Schaefer seconded. Motion carried 6-0. Pavelko moved for approval of Wire Transfers in the amount of $6,862,508.63 (Tax Settlement) and $78,060 (Debt Service). Schaefer seconded. Motion carried 6-0. CITY OFFICIALS’ REPORT The September calendar was reviewed. Fiedler stated that the 9/11/2008 Committee of the Whole meeting is scheduled to be held in District 7 at Tudor Oaks. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Ald. Schaefer thanked all those involved in making the dunk tank a success. The Teen Advisory Board raised just over $1,400. Borgman moved to convene into closed session pursuant to Wis. Stats. §19.85(1)(e) Deliberating or negotiating with purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, more specifically 2009 labor union negotiations. Action may be taken in closed session. The Common Council will then reconvene into open session to continue with agenda items. Schneider seconded. Motion carried 6-0. The deputy and City Atty. were dismissed. Fiedler moved to reconvene into open session. Borgman seconded; motion carried. ADJOURNMENT Borgman moved to adjourn at 9:27 p.m. Fiedler seconded; motion carried. Jill Blenski, CMC Deputy Clerk