CCM20081209
COMMON COUNCIL - CITY OF MUSKEGO Approved: 12/16/2008
MINUTES OF MEETING HELD DECEMBER 9, 2008
Mayor Johnson called the meeting to order at 7:30 p.m. Present were Ald. Fiedler,
Schneider, Werner, Borgman, Pavelko, and Snead, Deputy Clerk Blenski, IS Director
Sommers and City Attorney Molter. 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 on 12/5.
COMMUNICATION FROM THE MAYOR’S OFFICE
Reso. #200-2008 - Honoring City of Muskego Eagle Scout David Vitt. Borgman
moved for adoption. Schneider seconded. Motion carried 6 in favor. Mayor
Johnson presented the resolution to David who thanked the Council for the honor. For
his Eagle Scout project, Mr. Vitt improved the Lake Denoon Middle School Cross
Country Trail.
Reso. #201-2008 - Honoring City of Muskego Eagle Scout Timothy Thoren. Snead
moved for adoption. Werner seconded. Motion carried 6 in favor. Mayor Johnson
presented the resolution to Timothy. Mr. Thoren thanked the Council and stated he
made 321 birdhouses for Faith’s Lodge for his Eagle Scout project. Faith’s Lodge is a
retreat for families facing the serious illness or death of a child.
No one registered to speak under Public Comment.
NEW BUSINESS
Reso. #206-2008 - Resolution to Create the Department of Community Development.
Fiedler moved for adoption. Werner seconded. Motion carried 6 in favor.
Reso. #209-2008 - Approval of Severance Pay Plan and Separation Agreement and
General Release. Snead moved for adoption. Werner seconded. Borgman moved
to request privilege of the floor for IS Director Sommers. Werner seconded;
motion carried. Mr. Sommers stated that he is pleased that three months of health
insurance will be provided. He requests that the Council consider a severance plan
based on 40 hours per years of service instead of 25. This extends the amount of time
the employee has to locate another position. The pay would terminate if the employee
does become employed. The total severance pay would amount to approximately
$88,000 with the City still recognizing a cost savings. The last severance payout was
based on 4%. His proposal is half of that. Schneider did want Mr. Sommers to know
that there was lengthy discussion regarding the severance plan at the Committee of the
Whole meeting. Motion carried 6 in favor.
Reso. #210-2008 - Resolution to Eliminate the Existing Department of Information
Systems and to Create the IS/GIS Department. Werner moved for adoption. Fiedler
seconded. Mayor Johnson noted that the recommendation from the Finance
Committee was to make the position exempt. Motion carried 6 in favor.
Reso. #211-2008 - A Resolution to Approve Revised Agreement with the Muskego
Volunteer Fire Company Regarding Termination and the Transfer of Assets from the
Common Council Minutes Page 2
December 9, 2008
Muskego Volunteer Fire Company to the City of Muskego. Mayor Johnson stated that a
resolution to approve an agreement was passed at the last Council meeting; however,
the Muskego Volunteer Fire Company membership and attorney have requested
several changes. The issues have all been addressed and approved by the City’s
attorney. The membership will vote in the next day or two; the closing is scheduled for
Monday, 12/15. Borgman moved for adoption. Fiedler seconded. Motion carried
6 in favor.
CONSENT AGENDA
Mayor Johnson stated that Reso. #202-2008 would be removed from the Consent
Agenda. Pavelko requested that the 11/25/2008 Council minutes also be removed.
Borgman moved to approve the remaining items under the Consent Agenda.
Schneider seconded. Motion carried 6 in favor. The following items were approved:
Approval of Operators’ Licenses for Connie Forseth, Emily Lewandowski, Amanda
Pomahac and Anthony Stigler.
Reso. #203-2008 - Approval of Agreement for Rescue Services with the Tess Corners
Volunteer Fire Department
Reso. #204-2008 - Approval of Dental Insurance Contracts for 2009
Reso. #205-2008 - Approval of Virchow, Krause & Company, LLP 2008 City Audit
Engagement Letter
Reso. #207-2008 - Reduction in Letter of Credit - Stonebridge Subdivision
Reso. #208-2008 - Dedication and Acceptance of Public Improvements in and for The
Nursery Subdivision and Reduction in Letter of Credit
Reso. #213-2008 - Dedication and Acceptance of Public Improvements in and for Big
Muskego Estates Subdivision and Reduction in Letter of Credit
Reso. #214-2008 - Dedication and Acceptance of Public Improvements in and for Big
Muskego Estates II Subdivision and Reduction in Letter of Credit
NEW BUSINESS (Continued)
Common Council Minutes - 11/25/2008. Pavelko moved for adoption. Werner
seconded. Pavelko requested that the audio be reviewed and the comments made by
Werner regarding the 11/18 CDA meeting under Communications and Miscellaneous
Business be added verbatim. Borgman moved to defer. Fiedler seconded; motion
carried.
Reso. #202-2008 - Approval of Fire Protection Agreement with Tess Corners Volunteer
Fire Department for 2009. Snead moved for adoption. Schneider seconded.
Snead moved to defer. Schneider seconded; motion carried.
REVIEW OF COMMITTEE REPORTS
Minutes of the 11/11/2008 Finance Committee, 11/4/2008 Plan Commission,
11/18/2008 Community Development Authority, 10/27/2008 and 11/13/2008 2020
Comprehensive Planning Committee, and 10/9/2008 Teen Advisory Board were
reviewed.
Common Council Minutes Page 3
December 9, 2008
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 11/25/2008. Borgman moved to defer. Snead 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 11/25/2008. Snead moved to defer. Borgman
seconded; motion carried.
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 11/25/2008. The Mayor stated that
the Plan Commission made a recommendation on 12/2/2008. Fiedler moved to
amend the last section to read as follows: “This ordinance is in full force and
effect from and after passage and publication subject to Council approval of the
Final Plat, Subdivider’s Agreement and the zoning ordinance language that
specifically outlines the parameters of the PD.” Schneider seconded; motion
carried. Ord. #1279, as amended, adopted 6 in favor.
LICENSES
Mayor Johnson noted that the application for a “Class B” Retailers’ License for Bush
Gardens, LLC would be acted on at the 12/16/2008 meeting, as it was not properly
noticed on the 12/9/2008 agenda.
VOUCHER APPROVAL
Snead moved for approval of payment of General Vouchers in the amount of
$832,503.74. Pavelko seconded. Motion carried 6 in favor. Pavelko moved for
approval of payment of Utility Vouchers in the amount of $113,313.20. Schneider
seconded. Motion carried 6 in favor.
CITY OFFICIALS’ REPORTS
Mayor Johnson thanked the Council for what was accomplished in the past year.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Snead thanked M & I Bank for sponsoring the first annual holiday parade, as well as the
Chamber of Commerce and other sponsors involved in the Country Christmas event.
Pavelko announced that he will not seek re-election as alderman of District 2.
ADJOURNMENT
Snead moved to adjourn at 7:58 p.m. Fiedler seconded; motion carried.
Jill Blenski, CMC
Deputy Clerk