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COMMITTEE OF THE WHOLE Packet - 4/10/2018 CITY OF MUSKEGO COMMITTEE OF THE WHOLE AGENDA April 10, 2018 6:30 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF AGENDA APPROVAL OF MINUTES - February 13 and March 13, 2018 NEW BUSINESS 1. Discussion Regarding the Sign Ordinance - Scoreboards (Ald. Kubacki) COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Possible reconvening of the Committee of the Whole immediately following Common Council Meeting of the same date to continue work on agenda items NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, MUSKEGO CITY HALL, (262) 679-4100. Unapproved CITY OF MUSKEGO COMMITTEE OF THE WHOLE MINUTES February 13, 2018 6:00 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 6:08 p.m. ROLL CALL Present: Aldermen Wolfe, Hammel, Borgman, Kapusta, Engelhardt and Madden. Also present: City Attorney Warchol, Public Works and Development Director Kroeger, Recreation Manager Dunn, IT Director Loudon, Technician Kierzek and Deputy Clerk Blenski. Absent: Alderman Kubacki. STATEMENT OF PUBLIC NOTICE The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law. APPROVAL OF MINUTES – January 23, 2018 Alderman Madden made a motion to approve. Alderman Wolfe seconded; motion carried. NEW BUSINESS Road Bonds for Little Muskego Lake Private Dredging Projects Director Kroeger presented a synopsis of what transpired in the last several months. In November, Integrated Lakes Management (ILM/Rob) contacted the City regarding doing some private dredging projects on Little Muskego Lake. Discussions took place with the contractor; the primary concern is that the contractor will have to access City property to haul and transport the dredge material from the private properties. Mr. Kroeger noted that the majority of the roads that would be used were just recently redone. Approximately $828,000 was spent in the last three years on roads that would be part of the dredging project. Discussion with ILM continued; the City indicated what the contractor needed to submit. The contractor submitted an Agreement between ILM and the City in addition to four haul routes for review on December 18, 2017. He did indicate to Director Kroeger that dredging projects are typically planned over a five-year period. Additional haul routes were submitted in January with the City again continuing to work with the contractor to keep the process moving forward. On January 10, the City sent the contractor the Attorney's comments and insurance requirements. The amount of a road bond was also being discussed. The contractor intended to start the first dredging site at the end of January. Mr. Kroeger noted that would have involved approximately 175 truckloads and 55,000 lbs. of dredge material, one way from one access point. Director Kroeger stated that all the necessary documents appeared to be in order and he was confident the contractor could still start at the end of January with the understanding that the Common Council had to approve the Agreement on February 13, 2018. The contractor continued to send additional haul routes to the City. It was determined that a $2.75 million dollar bond would be required. This amount reflects a reduction by Director Kroeger. On February 6, the contractor said he was cancelling because he was only prepared to post a $10,000 to $20,000 bond. Mr. Kroeger stated that the City did provide some options to ILM, such as doing the projects in phases. Director Kroeger next provided some frequently asked questions and answers. City Attorney Warchol stated when dealing with contracts, it is all about risk. His job is to protect the City in the best way. He explained the difference between a bond and a letter of credit. When the City enters into an agreement with a developer, a letter of credit is always provided at a cost of 120% of the total project. The City has been very proactive to protect its roads. The Police Department has a program in place to monitor trucking weight limits. Violators have been cited. Cases have been prosecuted and fines assessed. Alderman Borgman – He understands the need to protect the City roads; however, the bond amount is excessive and unprecedented. The City is being overprotective and making any improvement projects impossible. Alderman Wolfe – He believes the City made every effort to work with the contractor in a very short timeframe. There should have been a plan in place; the Lake District should have been involved. No one on the Committee is against the dredging. The contractor decided to back out. Alderman Madden – This is all a result of no planning beginning with the drawdown. Mayor Chiaverotti – This type of project is typically done under the umbrella of the Lake District; there is one permit. Planning is done so the bond amount is known well in advance. If the contractor believes the roads will not be damaged, the bond should not be an issue. If the roads are damaged, the City could potentially have to borrow to repair them. This will impact all the taxpayers. The request of the Lake District for the drawdown was to freeze out Starry Stonewort. The dredging came as an afterthought. It presents a great opportunity, but should have been planned. Alderman Kapusta requested to open the floor for public comment. There was no objection. Dredging Contractor (ILM) – State he has been doing this for 20 years. The bond amount being required is three to four times the total cost of the project. Clarification is also needed to define what is cause for forfeiture. He decided to walk away from the project because the bond amount could not be negotiated to be financially prudent. The $20,000 is the typical amount of the bond that he posts. He is not trying to alleviate any responsibility. He agreed to provide a bond in the amount of 10% or $100,000. It was determined that the Committee of the Whole meeting would adjourn and reconvene following the Common Council meeting. However, the Committee would hear from those individuals who registered to speak first. The following individuals spoke in favor of the project: Darren Weber Jon Lindrus Maria Stone Lloyd Pickart Don Conner Lisa Niles Andrew Haugen Alderman Wolfe made a motion to adjourn and reconvene after the Common Council meeting. Alderman Hammel seconded; motion carried. (The Common Council meeting was held.) Mayor Chiaverotti reconvened the Committee of the Whole at 8:13 p.m. Discussion continued. Alderman Borgman made a recommendation to accept a $100,000 sliding bond. The consensus: 4 in favor with Aldermen Hammel, Borgman, Kapusta and Engelhardt in agreement and Aldermen Wolfe and Madden against. It was clarified that the issue would be on the Common Council agenda in two weeks. The contractor noted that he needs the bond criteria. Director Kroeger asked if the contractor should get core samples or not? The response of the Committee was no. Little Muskego Lake Drawdown Update Director Kroeger gave a brief update on the drawdown. The drawdown pipe is still open. He plans to shut it down in April. The lake level filling up is dependent on nature. Discuss Little Muskego Lake District Request - Launch Fees City Attorney Warchol stated a request was received from the Little Muskego Lake District to increase the launch fees as follows: Daily Rate: Increase from $7.00 to $10.00 Resident Seasonal Pass: Increase from $42.00 to $50.00 Non-Resident Seasonal Pass Increase from $63.00 to $80.00 Remove Senior Discount The DNR regulates the maximum amount of fees that can be charged for a boat launch. The collected fees can only be used for the operation and maintenance of the boat launch facilities. The maximum base fee is $8.00. However, the amount can be increased for launches that provide restrooms and attendants. The Mayor stated that pay stations will be installed soon, which will eliminate the need for an attendant. In addition, all the public launches do not have restrooms so there could potentially be different fees depending on the launch. That was viewed as a negative. Several Aldermen asked why the fees were proposed to be raised. Attorney Warchol stated that the reason the Little Muskego Lake District gave for the increase was to decrease the use of the boat launch facility and limit the density of boats on the lake. As stated earlier, the DNR would not accept that reason. Alderman Borgman proposed to leave the fees status quo. Following discussion, the majority of the Committee agreed that the fees should remain as is. As a representative on the Lake District, Alderman Engelhardt did not agree. Discuss Rental of City Facility Storage Areas Director Kroeger noted that several leases for City facilities will expire soon. In some cases, a lease is not even in place. Prime City space is being utilized by organizations, such as the Boxhorn Gun Club, the Festival Committee (Veteran's) and the Water Bugs (Idle Isle). He is looking for direction on how the City wants to move forward. These are valuable City assets. Staff researched the cost to rent space in today's market. At Idle Isle, for example, the Water Bugs utilize all of the available space. Ms. Dunn stated the City would need one of the front storage units for the storage of water equipment that was recently purchased for rental purposes. The consensus was to have Attorney Warchol and Director Kroeger create new leases for the existing occupants to reflect rental costs at fair market value. ADJOURNMENT Alderman Engelhardt made a motion to adjourn at 9:06 p.m. Alderman Madden seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk. Unapproved CITY OF MUSKEGO COMMITTEE OF THE WHOLE MINUTES March 13, 2018 6:30 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 6:42 p.m. ROLL CALL Present: Aldermen Wolfe, Borgman, Kapusta, Engelhardt, Kubacki and Madden. Also present: City Attorney Warchol, Public Works and Development Director Kroeger and Deputy Clerk Blenski. Alderman Hammel arrived at 6:58 p.m. STATEMENT OF PUBLIC NOTICE The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law. NEW BUSINESS Discussion Regarding Prairie Meadows Retention Pond Maintenance Agreement with the City of Muskego and Similar Retention Pond Maintenance Agreements Regarding Various Other Subdivisions City Attorney Warchol stated several old Retention Pond Maintenance Agreements recently came to his attention. The one for Prairie Meadows is dated February, 2003. The agreements are for the maintenance of subdivision retention ponds. The agreements state that the Homeowners' Associations own the ponds and maintain them. However, they also indicate that the City will drawdown the ponds on an annual basis to look for sediment and possibly lower the level. The Subdivider paid the City $2,000 for the first f ive years of doing the drawdowns. After the fifth year, the Homeowner's Association pays for the drawdown with the City still being responsible to do it. It was discovered that the City is holding approximately $85,000 for various subdivisions to do the drawdowns. The drawdowns were never done. Director Kroeger confirmed that there is no need to do them. He also confirmed that as of three or four years ago, this language is no longer used in any agreement. Attorney Warchol stated that now the issue is what should be done with the money. One Developer did contact the City and requested a refund. The original agreements were recorded so new agreements would have to be executed. The problem is locating the original individuals who paid the City for the drawdowns. Director Kroeger stated this is a unique situation; every item will have to be reviewed on a case-by-case basis. In some cases, the Subdivider and/or Homeowner's Association may no longer be in existence. Attorney Warchol and Director Kroeger are looking for direction on how to proceed. (Alderman Hammel arrived at 6:58 p.m.) Alderman Kubacki suggested that the City offer to do the drawdowns. Mayor summarized the direction for Attorney Warchol and Director Kroeger: They will begin the process of reaching out to any individual on the list who could readily be contacted. If new agreements are required, the attorney will bring forward in the future. ADJOURNMENT Alderman Wolfe made a motion to adjourn at 7:02 p.m. Alderman Kapusta seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk.