CCM20081125
COMMON COUNCIL - CITY OF MUSKEGO Approved: 12/16/2008
MINUTES OF MEETING HELD NOVEMBER 25, 2008
Mayor Johnson called the meeting to order at 7:37 p.m. Present were Ald. Fiedler,
Schneider, Werner, Borgman, Pavelko, and Snead, Deputy Clerk Blenski, and City
Attorney Larson. Ald. Schaefer was excused. Those present recited the Pledge of
Allegiance. The Deputy stated that the meeting was noticed in accordance with the
open meeting law.
PUBLIC COMMENT
Suzi Link-Manson (W172 S7297 Lannon Drive) registered to speak. She expressed
concern that fire service will be diminished with the consolidation.
NEW BUSINESS
Reso. #193-2008 - A Resolution to Approve the Agreement with the Muskego Volunteer
Fire Company Regarding Termination and the Transfer of Assets from the Muskego
Volunteer Fire Company to the City of Muskego. Werner moved for adoption.
Schneider seconded. Borgman thanked the members of the Muskego Volunteer Fire
Company for their dedicated years of service. Mayor Johnson stated he would bring
some type of recognition forward in the near future. Motion carried 6 in favor.
Reso. #194-2008 - A Resolution to Approve the First Amendment to Agreement
Between the City of Muskego and the Tess Corners Volunteer Fire Department.
Fiedler moved for adoption. Borgman seconded. Motion carried 6 in favor.
Atty. Larson was dismissed.
CLOSED SESSION
Borgman moved to convene in 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. Schneider seconded. Motion carried 6 in favor.
OPEN SESSION
Snead moved to reconvene in open session. Borgman seconded; motion carried.
NEW BUSINESS (Continued)
Reso. #198-2008 - Resolution Regarding Health Insurance for 2009. The resolution
would authorize a one-time payment of $200 to each employee who is covered by City
health insurance in 2009. Fiedler moved for adoption. Schneider seconded.
Motion carried 6 in favor.
Common Council Minutes Page 2
November 25, 2008
CONSENT AGENDA
Pavelko requested that Reso. #197-2008 be removed from the Consent Agenda.
Borgman moved to approve the remaining items under the Consent Agenda.
Werner seconded. Motion carried 6 in favor. The following items were approved:
Approval of Operators’ Licenses for Adam Frioui, Sharon Neuroth, Rachel Olsen,
Darlene Reinke, Joan Schneider, Linda Stein, and Sandra Weiss
Common Council Minutes - 10/28/2008, 11/3/2008 and 11/11/2008
Reso. #195-2008 - Dedication and Acceptance of Public Improvements and Reduction
in Letter of Credit - James Court - Baseler CSM
Reso. #196-2008 - Dedication and Acceptance of Public Improvements and Reduction
in Letter of Credit - Kenwood Place
Reso. #199-2008 - Approval of Lease Agreement with Little Muskego Lake Protection
and Rehabilitation District
NEW BUSINESS (Continued)
Reso. #197-2008 - Resolution Adopting a Joint Powers Agreement for 911 Emergency
System with Waukesha County. Pavelko moved for adoption. Werner seconded.
Pavelko expressed his dissatisfaction with the County’s consolidated dispatch system
and indicated he would not support this resolution. Mayor Johnson suggested the
Council adopt a resolution to outline its concerns, which could be forwarded to the
County. Motion carried 5 in favor and Pavelko voting no.
OLD BUSINESS
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 as amended 8/26/2008,
deferred 11/11/2008. Borgman moved to defer. Werner 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 11/11/2008. Borgman moved to defer. Snead
seconded; motion carried.
Reso. #186-2008 - Resolution Regarding Claim - LaLicata. On the floor, deferred
11/11/2008. Borgman moved to amend to deny the claim. Schneider seconded.
Motion carried 6 in favor. Reso. #186, as amended, adopted 6 in favor.
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 11/11/2008. The Mayor stated this
still needed a recommendation from the Plan Commission. Schneider moved to
defer. Fiedler seconded; motion carried.
Ord. #1286 - An Ordinance to Repeal and Recreate Chapter 29 of the Municipal Code
of the City of Muskego (Erosion Control). Second Reading. Borgman moved for
adoption. Schneider seconded. Schneider stated he has requested the Plan Director
further review the definition of “Agricultural Lands.” There are problems in his district on
Crowbar Drive. An ordinance to amend Chapter 29 may be brought forward in the
future. Motion carried 6 in favor.
Common Council Minutes Page 3
November 25, 2008
Ord. #1287 - An Ordinance to Repeal and Recreate Chapter 34 of the Municipal Code
of the City of Muskego (Storm Water Management). Second Reading. Borgman
moved for adoption. Schneider seconded. Motion carried 6 in favor.
LICENSES
Werner moved to approve Temporary Retailers’ License to Sell Wine and
Fermented Malt Beverages for Muskego Chamber of Commerce for 12/6/2008.
Borgman seconded. Motion carried 6 in favor.
The operators’ applications for Kelly Voelker and Steven Kendziora were withdrawn.
REVIEW OF COMMITTEE REPORTS
Minutes of the 10/20/2008 Public Works Committee, 10/20/2008 Public Utilities
Committee, 10/13/2008 Parks & Recreation Board, 10/21/2008 Community
Development Authority, 7/15/2008 Conservation Commission, and 10/21/2008 Mayor’s
Task Force were reviewed.
VOUCHER APPROVAL
Snead moved for approval of payment of General Vouchers in the amount of
$575,386.87. Werner seconded. Motion carried 6 in favor. Pavelko moved for
approval of payment of Utility Vouchers in the amount of $24,629.57. Schneider
seconded. Motion carried 6 in favor. Snead moved for approval of payment of
Wire Transfers for Debt Service in the amount of $845,681.25. Borgman
seconded. Motion carried 6 in favor.
CITY OFFICIALS’ REPORTS
The December calendar was reviewed.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Snead stated that the Chamber of Commerce was sponsoring a Country Christmas on
12/6. Werner stated he wanted to talk about two Community Development Authority
members at the last meeting of the CDA. Out of respect for Ald. Pavelko, he let him
know that he was going to make this statement tonight. That said, I understand Ald.
Pavelko’s position on the circumstances of the last CDA meeting. It is not my intention
to debate anyone’s stance on an issue during this public comment period, or this
comment period amongst us. That is why we have specific meetings. Those meetings
are to discuss and even debate issues. We then cast our vote and a decision is made.
Our power is in our vote and it’s our responsibility to vote. On 11/18/2008, the CDA
meeting was called to order, five members were present, and that’s a quorum. During
the meeting there was discussion on the Bush Garden proposal. A motion to consider
was made and it was seconded. There was discussion. During the course of the
discussion, there were two attempts to defer with seconds, and none passed ending the
motion on each time. A motion to approve was made and seconded, and Ald. Pavelko
left the room. Commissioner Suzi Link then left the meeting commenting, “Now you lost
a quorum.” It’s one thing to lose a quorum and quite another for a commissioner to say
now you lost your quorum in such a taunting fashion as to suggest that you don’t want
to play in our sandbox and you want to go home. As a City servant, I am disappointed
that the CDA was left without a quorum when Ald. Pavelko and Commissioner Link left.
Those of us that serve the community have a responsibility to conduct ourselves in a
Common Council Minutes Page 4
November 25, 2008
professional manner and to conduct City business in an appropriate fashion. There was
necessary business that should have been conducted by the CDA and was not. Ald.
Pavelko and Commissioner Link should assure the community that has entrusted them
with the responsibilities on the CDA that their actions will not be repeated in the future,
and that’s merely a request. Pavelko responded that he does not want to vote on
development if the plans cannot be reviewed ahead of time. He will fight for his district
and the only way to exercise his opinion was to leave the meeting. He does not own a
rubber stamp.
ADJOURNMENT
Snead moved to adjourn at 8:26 p.m. Fiedler seconded; motion carried.
Jill Blenski, CMC
Deputy Clerk