COMMITTEE OF THE WHOLE Minutes - 3/13/2018
Approved
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 five 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.