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COMMON COUNCIL Minutes 20091110 COMMON COUNCIL - CITY OF MUSKEGO Approved: 11/24/2009 MINUTES OF MEETING HELD NOVEMBER 10, 2009 The meeting was called to order at 7:30 p.m. by Mayor Johnson. Present were Ald. Fiedler, Schaumberg, Schneider, Werner, Borgman, Harenda, and Snead, Finance Director Mueller and Clerk-Treasurer Moyer. Those present recited the Pledge of Allegiance. The Clerk stated that the meeting was noticed in accordance with the open meeting law on November 6, 2009. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Johnson stated that the City’s two energy projects have been completed; an application for an additional one will be submitted. Reso. #156-2009 - Honoring Eagle Scout Austin Winkler. Ald. Borgman moved for adoption. Ald. Snead seconded. Motion carried 7 in favor. The Mayor presented the resolution to Austin, who completed his service project at the Engel Conservation area. Reso. #158-2009 - Resolution Acknowledging the Muskego High School Boys’ Soccer Team. Ald. Snead moved for adoption. Ald. Borgman seconded. Motion carried 7 in favor. Mayor Johnson congratulated the team and presented the resolution to Coach Hess. NEW BUSINESS Reso. #159-2009 - Approval of 2010 General Fund Operating Budget and Tax Levy. Ald. Werner moved for adoption. Ald. Schneider seconded. Mayor Johnson noted the following in response to the comments made at the public hearing:  The 2010 budget held expenditures to within $800 of 2009. Spending is not the problem; the decrease in revenues is.  Police Dept. represents 38% of the total City budget. The Public Safety portion of the budget represents approximately 45%, which includes police, fire and building inspection departments.  Within the past two years, both represented and nonrepresented employees have been affected by reductions.  The unions did not come forward with any alternatives regarding the proposed staff reductions.  The City believes it will be in a better position to negotiate concessions with the bargaining units for the 2011 agreements.  Over the past 20 years, the Common Council has determined it would contribute to the community parade. The parade could not be held without City funding; it is an alternative to a July 4 parade. The Council members made the following comments:  Werner - supports the budget.  Fiedler - supports the budget because it is reasonable. It is the best that can be done to maintain services.  Borgman - does not support the budget. The City should have made a better effort to negotiate concessions with the bargaining units. Common Council Minutes Page 2 November 10, 2009  Harenda - does not support the budget as the City did not go far enough to look at alternatives.  Snead - the Council needs public input. The people in her district want to maintain services, which come at a cost. Alternatives were explored. She supports the budget because it was developed by the Council as a group.  Schneider - supports the budget. The decisions made were difficult. The Council spent countless hours discussing how to hold the line. People have to understand that if you want services, you have to pay for them.  Schaumberg - supports the budget. The City portion is small and the Council has worked hard to be responsible. The community needs to be aware of how tax dollars are spent by the school district, which represents the largest portion of the property tax bill. Motion to adopt carried 5 in favor with Fiedler, Schaumberg, Schneider, Werner and Snead voting yes and 2 opposed with Borgman and Harenda voting no. Reso. #160-2009 - Approval of 2010 Capital Budget. Ald. Fiedler moved for adoption. Ald. Schneider seconded. The Mayor confirmed that while the resolution approves capital projects for 2010, it is not certain that the money will be spent. The potential pumper purchase will be reviewed by the newly created committee and approved by the Council. Motion carried 7 in favor. Reso. #161-2009 - Approval of 2010 Sewer Utility Budget and Rates. 2010 rates will remain the same. Ald. Fiedler moved for adoption. Ald. Schneider seconded. Motion carried 7 in favor. Reso. #162-2009 - Approval of 2010 Water Utility Budget and Rates. 2010 rates will remain the same. Ald. Werner moved for adoption. Ald. Schneider seconded. Motion carried 7 in favor. Reso. #171-2009 - Approval of Scope of Engagement from Quarles & Brady for the Proposed Issuance of Water System Revenue Bonds. Ald. Borgman moved for adoption. Ald. Harenda seconded. Motion carried 7 in favor. Reso. #163-2009 - Resolution Authorizing the Issuance and Sale of Up to $453,974 Water System Revenue Bonds, Series 2009, and Providing for Other Details and Covenants with Respect Thereto. Ald. Schneider moved for adoption. Ald. Schaumberg seconded. Motion carried 7 in favor. CONSENT AGENDA Ald. Harenda requested removal of Reso. #166-2009, Reso. #167-2009 and Reso. #169-2009. Ald. Borgman moved to approve the remaining items under the Consent Agenda. Ald. Schneider seconded. Motion carried 7 in favor. The following items were approved: Operators’ Licenses for Lindsey Kreske Common Council Minutes of October 27, 2009 Reso. #165-2009 - Resolution Authorizing Special Quarterly Charges for Garbage and Refuse Disposal and Recycling Service Common Council Minutes Page 3 November 10, 2009 Reso. #168-2009 - Re-Approval of the Edgewater Heights Subdivision Preliminary Plat Reso. #170-2009 - A Resolution in Support of the State of Wisconsin’s Energy Independence Goals for 2025 NEW BUSINESS (Continued) Reso. #166-2009 - Approval of Certified Survey Map - Muskus. Ald. Fiedler moved for adoption. Ald. Snead seconded. Ald. Harenda asked what was proposed for the site. Ald. Fiedler stated at this time, only the land division is being done. Motion carried 7 in favor. Reso. #167-2009 - Approval of Certified Survey Map - Wernette. Ald. Snead moved for adoption. Ald. Fiedler seconded. Ald. Fiedler stated this land division is consistent with the Comprehensive Plan. Motion carried 7 in favor. Reso. #169-2009 - Approval of Mutual Release and Agreement between the City and Richard and Kathy Beaudry. Ald. Snead moved for adoption. Ald. Fiedler seconded. The Mayor provided some background information as requested by Ald. Harenda. Motion carried 7 in favor. REVIEW OF COMMITTEE REPORTS The following minutes were reviewed: 10/13/2009 Finance Committee, 10/7/2009 Public Works Committee, 9/2/2009 Public Utilities Committee, and 10/6/2009 Plan Commission. FIRST READING OF ORDINANCES Ord. #1306 - An Ordinance to Amend Chapter 10, Section 10.05 (1), of the Municipal Code of the City of Muskego (Signs). Ord. #1307 - An Ordinance to Amend Chapter 13, Section 13.01 (3) 3., of the Municipal Code of the City of Muskego (Dog Fancier Permit). Ord. #1308 - An Ordinance to Amend Chapter 12, Section 12.03, of the Municipal Code of the City of Muskego (Peddlers, Solicitors and Transient Merchants). VOUCHER APPROVAL Ald. Fiedler moved for approval of payment of Utility Vouchers in the amount of $500,570.15. Ald. Snead seconded. Motion carried 7 in favor. Ald. Fiedler moved for approval of payment of General Vouchers in the amount of $610,731.61. Ald. Snead seconded. Motion carried 7 in favor. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Ald. Snead stated Bay Lane Middle School and the Legion Post were combining efforts on 11/14 at Pick ‘n Save to raise donations for the local food pantry. The committee that was created to review the Tess Corners pumper purchase will meet on 11/17 at 6:00 pm. Common Council Minutes Page 4 November 10, 2009 CLOSED SESSION Ald. Borgman moved to convene into closed session pursuant to Wis. Stats. §19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, more specifically Summons & Complaint - Parkland Venture, LLC and Summons & Complaint - Edgewood Contractors. Ald. Harenda seconded. Motion carried 7 in favor. City Attorney Anderson was also present for closed session. OPEN SESSION Ald. Borgman moved to reconvene into open session. Ald. Harenda seconded. Motion carried 7 in favor. Reso. #164-2009 - Authorize the Dismissal of Great American Insurance Company from the Case of Parkland Venture LLC vs. the City of Muskego. Ald. Borgman moved for adoption. Ald. Schaumberg seconded. Motion carried 7 in favor. ADJOURNMENT Ald. Snead moved to adjourn at 8:50 p.m. Ald. Fiedler seconded; motion carried. Janice Moyer, MMC, CMTW Clerk-Treasurer