COMMON COUNCIL Minutes 20110125
COMMON COUNCIL - CITY OF MUSKEGO Approved: 02/22/2011
MINUTES OF MEETING HELD JANUARY 25, 2011
Mayor Johnson called the meeting to order at 7:35 p.m. Present were Ald. Fiedler,
Schaumberg, Soltysiak, Werner, Borgman, Harenda, and Director of Finance and
Administration Mueller. Ald. Snead was absent. Those present recited the Pledge of
Allegiance. Ms. Mueller stated that the meeting was noticed in accordance with the
open meeting law on January 21, 2011.
PUBLIC COMMENT
The following individuals registered to speak regarding the fireworks ordinance:
Terry Meyer, W145 S6975 Brentwood
Urged Council to reduce days to discharge fireworks from 7 to 4.
Georgan Werry, W182 S6491 Muskego Drive
Lives in area of excessive activity (May to July 5).
Has sustained property damage. Who will pay for damage?
Would like the number of days to be reduced to 2 to 4 as well as reduction in
hours.
Richard Prunuske, W182 S6490 Muskego Drive
Has had problem with a neighbor who did hold a permit. He would like to see
more support to set limits on days and hours that fireworks can be discharged.
Walter Spitzer, W182 S6565 Garnet Drive
Believes 4 days is adequate. Has a problem with the proposed times. Permit
should be for evening hours; fireworks do not need to be discharged in the
morning or afternoon.
Tom Nowicki, S75 W15002 Kathryn Drive
Supports 3 to 4 days and prefers 10:00 end time. Consideration should be given
to the elderly and animals.
The following individuals registered to speak in support of the Borst property purchase:
Walter Spitzer, W182 S6565 Garnet Drive
Howard Schneider, W186 S6850 Jewel Crest Drive
Larry Lefebvre, W186 S6782 Jewel Crest Drive
UNFINISHED BUSINESS
Reso. #004-2011 Resolution of Necessity - Borst. On the floor, deferred 1/11/2011.
Ald. Fiedler stated he will support the purchase. However, he has a concern with the
City spending money from all taxpayers to protect Little Muskego Lake when some
individuals want to limit access to the lake. He would like the organizations that are
encouraging the Council to support this purchase to support any future opportunities to
improve access to the lake. Ald. Borgman noted that “Bring Back the Lake” failed for
many other reasons, and not because people wanted to limit lake access. Motion to
adopt carried 6 in favor.
Common Council Minutes Page 2
January 25, 2011
FIRST READING OF ORDINANCES
Ord. #1337 – An Ordinance to Amend Chapter 9, Section 9.03, of the Municipal Code of
the City of Muskego (Fireworks). Ald. Borgman moved to amend the ordinance to
allow a four-day time period with the hours being 8:00 p.m. to 11:00 p.m. Motion
failed for lack of a second. Ald. Harenda requested that Section 9.03 (3)(e) be
amended to allow the Finance Committee to review complaints or violations and
not only convictions when a citation has been issued. Ald. Fiedler seconded.
The Mayor stated that permits can be applied for and issued up until July 1 through July
7. Ald. Fiedler suggested scheduling a special Finance Committee meeting within a few
days prior to July 4. Motion carried.
CONSENT AGENDA
Mayor Johnson requested that Reso. #010-2011 be removed from the Consent Agenda.
Ald. Borgman moved to approve the remaining items under the Consent Agenda.
Ald. Werner seconded. Motion carried 6 in favor.
The following items were approved:
Operator’s License for Kevin Liberto and Laura Passehl
1/11/2011 Common Council Minutes
Reso. #005-2011 – Authorization to Purchase One Police Department Vehicle
Reso. #006-2011 – Approval of Certified Survey Map, Developer’s Agreement and
Letter of Credit Amount - Zlensky
Reso. #007-2011 – Approval of Easement to WE Energies – Durham Drive Boat
Launch Overflow Parking Lot
Reso. #008-2011 – Acceptance of Proposals Submitted by Ruekert & Mielke for Ryan
Creek Interceptor Planning and Lift Station Hydraulic Analyses and Force Main Design
Reso. #009-2011 – Acceptance of Proposal Submitted by Graef for Cornell/Catalina
Storm Sewer Design
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed: 12/14/2010 Finance Committee, 12/1/2010
Public Safety Committee, 10/19/2010 and 12/21/2010 Community Development
Authority and 12/13/2010 Parks & Recreation Board.
UNFINISHED BUSINESS
Ord. #1332 - An Ordinance to Amend the Zoning Map of the City of Muskego (Willow
Glen - RM-1 and RS-2 to PD). On the floor, deferred 1/11/2011. Ald. Borgman
moved to defer because the Plan Commission has not made a recommendation
yet. Ald. Fiedler seconded; motion carried.
NEW BUSINESS
Reso. #010-2011 – Approval of Employee Compensation Progression Program. Mayor
Johnson stated that the Council had to determine if it would continue pay for
performance if an employee reached the maximum of the salary range. The language
Common Council Minutes Page 3
January 25, 2011
in the proposed resolution does not provide for that. Ald. Fiedler moved for adoption.
Ald. Werner seconded. Ald. Fiedler moved to amend to reinstate the
noncompounding bonus for employees who reached the maximum and to change
the title to “Merit Pay/Incentive” Program. Ald. Schaumberg seconded. Ald.
Fiedler stated that incentives to perform should not cease because an employee has
reached the maximum of the pay scale. He agrees that it should not compound. It was
noted that the entire scale does increase with the cost of living adjustment that is set by
the Council. Ald. Harenda expressed concern about how the program will be funded.
Mayor Johnson stated the first decision must be whether the program will be a
compensation progression program or pay for performance.
Ald. Soltysiak stated that the new Mayor will have to carry out whatever is decided.
There are outstanding issues that could significantly impact the financial wellbeing of
the City this year (outcome of the grievances, union agreements and potential loss of
state shared revenue). He would like to see where the City is for 2011 and where we
will be for 2012 and beyond before taking on additional expenditures that will be
ongoing. The Mayor reiterated that the Council should determine what the plan will be
so it knows what funding will be needed. The funding can be discussed afterwards.
Ald. Werner stated the Common Council sets policy. Ald. Fiedler agreed and stated the
Council should set the policy and then allow the Mayor, whoever that will be, to carry it
out. He believes the City’s policy should reward the employees that do good work. Ald.
Soltysiak believes a decision should not be made until the new Mayor is on board.
Motion to amend carried 4 in favor with Ald. Fiedler, Schaumberg, Werner and
Borgman voting yes and Ald. Soltysiak and Harenda voting no.
The Mayor stated the Council should discuss how to fund the program and when. Ald.
Fiedler stated that he supports a one time funding from 2010 to show a good faith effort
to employees. Ald. Werner agreed. However, Ald. Soltysiak did not. Ald. Fiedler
moved to amend the original motion to adopt the plan and fund the program for
2011 with 2010 funds. Ald. Werner seconded. Ald. Harenda, Borgman and
Soltysiak voted no; Ald. Werner, Schaumberg and Fiedler voted yes. Motion
carried with Mayor Johnson voting yes to break the tie.
LICENSES
Ald. Werner moved to approve a Temporary License to Sell Fermented Malt
Beverages and Wine for St. Leonard Home and School for event to be held March
19, 2011. Ald. Borgman seconded; motion carried.
VOUCHER APPROVAL
Ald. Fiedler moved for approval of payment of General Vouchers in the amount of
$408,610.02. Ald. Werner seconded. Motion carried 6 in favor.
Ald. Fiedler moved for approval of payment of Utility Vouchers in the amount of
$94,339.67. Ald. Werner seconded. Motion carried 6 in favor.
Ald. Fiedler moved for approval of payment of Tax Checks in the amount of
$83,679.98. Ald. Werner seconded. Motion carried 6 in favor.
Common Council Minutes Page 4
January 25, 2011
CITY OFFICIALS’ REPORT
The February calendar was reviewed.
ADJOURNMENT
Ald. Borgman moved to adjourn at 8:45 p.m. Ald. Fiedler seconded; motion
carried.
Minutes transcribed
by Jill Blenski, Deputy Clerk