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COMMON COUNCIL Agenda 20120124CITY OF MUSKEGO Please note the meeting location is different. COMMON COUNCIL AGENDA DATE: January 24, 2012 TIME: 7:00 p.m. COMMON COUNCIL MEETING LOCATION: MUSKEGO LAKES COUNTRY CLUB S100 W14020 LOOMIS ROAD, MUSKEGO, WISCONSIN CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE COMMUNICATIONS FROM THE MAYOR’S OFFICE LAKE PARK ACQUISITION PRESENTATION PUBLIC COMMENT City Residents and Taxpayers Only – limited to items under Consent, Resolutions and Ordinances on this agenda. Comments will be limited to two minutes per speaker. There will be no discussion by/with the Common Council during Public Comment. NEW BUSINESS Reso. #003-2012 Offer to Purchase - Lake Park Properties Reso. #004-2012 Resolution to Amend the Procedure Regarding Public Comment During Common Council Meetings UNFINISHED BUSINESS Ord. #1350 An Ordinance to Amend Chapter 12, Section 12.01 (9)(d), of the Municipal Code of the City of Muskego (Licensing Sales of Alcoholic Beverages/Closing Hours). Second Reading. CONSENT AGENDA Items listed under consent agenda will be approved in one motion without discussion unless any Council member requests that an item be removed for individual discussion. That item then can be acted on separately at the same meeting under the part of the meeting it would normally appear. Approval of Operators’ Licenses Approval of Common Council Minutes - January 10, 2012 Reso. #005-2012 Approval of Lease Agreement with Little Muskego Lake Protection and Rehabilitation District Reso. #006-2012 Approval of Lease Agreement with Karl Thiesenhusen for Park Arthur (Northwest Section) Reso. #007-2012 Approval of Lease Agreement with Eddie Schaefer for Park Arthur (South Section) REVIEW OF COMMITTEE REPORTS Finance Committee - December 13, 2011 Conservation Commission - October 18, 2011 Parks & Recreation Board - November 14, 2011 Common Council Agenda 2 January 24, 2012 Police & Fire Commission - November 28 and December 10, 2011 VOUCHER APPROVAL Approval of General Vouchers Approval of Tax Checks Approval of Utility Vouchers Approval of Wire Transfers CITY OFFICIALS’ REPORTS Review February Calendar COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW CLOSED SESSION Please take notice that following Communications and Miscellaneous Business as Authorized by Law, the Common Council will convene, upon passage of the proper motion, 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 recent developments regarding Parkland Venture, LLC vs. City of Muskego. Action may be taken in closed session. The Common Council will then reconvene into open session to continue with agenda items. OPEN SESSION ADJOURNMENT 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, contact Muskego City Hall, 262-679-4100. CITY OF MUSKEGO Staff Report to Council January 24, 2012 Meeting To: Common Council From: Jeff Muenkel, AICP Subject: Offer to Purchase – Lake Park Properties Resolution Date: January 19, 2012 Background Information: Some quick notes in regards to the resolution for an offer to purchase the lake park properties: The resolution is setup to allow the execution of an offer to purchase based on specific cost parameters and contingencies. Should the cost parameters or contingencies be requested to change by the sellers, after the resolution is adopted by the Council, the issue would first come back for discussion to the Council before proceeding. This is found in the last “Be It Further…” of the resolution. If all of the cost parameters and contingencies are followed throughout the process then the adoption of this resolution authorizes the Mayor and City Attorney to formulate final offer to purchase documents, and any other miscellaneous needs (title reports, etc.), and then proceed to a formal closing without needing additional Council discussion. As noted in the resolution, a Certified Survey Map (CSM), will be required to be approved that will formally outline the boundaries that the City is purchasing. The CSM will come before Council and Planning Commission at a later date, but before closing, should this offer to purchase resolution pass. The resolution is subject to closing by May 31, 2012 in order to ensure that the process continues in a realistic manner. This was added so all parties work toward common goal. COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #003-2012 OFFER TO PURCHASE – LAKE PARK PROPERTIES BE IT RESOLVED That the Common Council of the City of Muskego does hereby authorize and direct the Mayor, in consultation with the City Attorney, to negotiate and draft to the Mayor’s satisfaction, an Offer to Purchase, along with such other related documents as may be necessary, for the City to acquire property in the areas listed herein and attached for future park purposes. BE IT FURTHER RESOLVED That the total amount included in the Offer to Purchase shall not exceed $3,550,000, plus any relocation costs, consisting of the following costs per area:  Various portions of Tax Key Numbers 2193.970.028 & 2193.970.029 totaling approximately 3.04 acres (Dilworth Parcels) at a cost of $1,575,000 (+ any relocation costs)  Various portions of Tax Key Number 2193.970.030 totaling approximately 1.56 acres (Cherek Parcel) at a cost of $1,975,000 (+ any relocation costs) BE IT FURTHER RESOLVED That the total acreage that would be purchased is approximately 4.6 acres and the Little Muskego Lake Frontage that would be purchased is approximately 365 feet. BE IT FURTHER RESOLVED That the areas intended to be purchased at the above costs are shown on the attached concept map (final boundaries subject to future Certified Survey Map approvals before closing date). BE IT FURTHER RESOLVED That an offer shall have the following contingencies:  That a Certified Survey Map (CSM) of the new lands be drawn up by the sellers and submitted for approval to the City for recording at or before the time of a future closing.  An access easement will be needed across the westernmost Dilworth parcel for future access from the newly aligned Pioneer Drive/Janesville Road intersection to the park property and this shall be part of the CSM at or before closing (approximate easement area shown on attached map).  That no more than $25,000 in State mandated relocation costs are entitled to the two displaced homeowners along with any relocation moving expenses. BE IT FURTHER RESOLVED That the Mayor, in consultation with the City Attorney, is authorized to complete an offer to purchase subject to these parameters in this resolution and to facilitate timely execution of the Offer and closing documents. BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are authorized to sign off on the Offer to Purchase, and necessary closing documents, closing costs, and attorney fees, in the name of the City. BE IT FURTHER RESOLVED That the City looks to close on these purchases herein no later than May 31, 2012. BE IT FURTHER RESOLVED That the purchase should return for Council discussion and approval only in the event that there is a substantial change from the purchase parameters found herein. DATED THIS DAY OF , 2012. SPONSORED BY: Kathy Chiaverotti, Mayor This is to certify that this is a true and accurate copy of Resolution #003-2012 which was adopted by the Common Council of the City of Muskego. ___________________________ Clerk-Treasurer COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1350 AN ORDINANCE TO AMEND CHAPTER 12 SECTION 12.01 (9)(d) OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Licensing Sales of Alcoholic Beverages/Closing Hours) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 12, Section 12.01 (9) (d), of the Municipal Code of the City of Muskego is hereby amended to read as follows: 12.01 (9) MISCELLANEOUS GENERAL PROVISIONS (d) Closing Hours. Closing hours shall be as set by State Statute. with the following applicable local options: 1. If a wholesale license, between 5 p.m. and 8 a.m., except on Saturday when the closing hour shall be 9 p.m. 2. If a Retail Class "A" Fermented Malt Beverage License, between 9 p.m. and 8 a.m. 3. If a Retail "Class A" Intoxicating Liquor License, between 9 p.m. and 8 a.m. SECTION 2: The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall remain in full force and effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby repealed as to those terms that conflict. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF , 2012. CITY OF MUSKEGO _______________________________ Kathy Chiaverotti, Mayor ATTEST: First reading: 01/10/2012 _________________________ Clerk-Treasurer 1/12jmb Notice of Newly Enacted Ordinance Published: OPERATOR LICENSE APPROVALS COMMON COUNCIL – 01/24/2012 Jeffrey Dlouhy Mary Hinkley Keith Kaminski Bryan LaFave Ashish Patel Roxann Yaeger S/CityHall/Licenses/Oper Lic Approval Lists/2012.doc COMMON COUNCIL - CITY OF MUSKEGO Unapproved MINUTES OF MEETING HELD JANUARY 10, 2012 Mayor Chiaverotti called the meeting to order at 7:04 p.m. Present were Ald. Fiedler, Schaumberg, Soltysiak, W erner, Borgman, Harenda and Snead, Community Development Director Muenkel and Director of Finance and Administration Mueller. Those present recited the Pledge of Allegiance. Ms. Mueller stated that the meeting was noticed in accordance with the open meeting law on January 6, 2012. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Chiaverotti clarified that individuals who want to speak at the public hearings do not need to submit a Public Comment form. PUBLIC COMMENT The following registered to speak regarding the lake park proposal: Supports the potential proposal: Shirley Bykowski, S78 W20103 Burningwood Court Michael Pierski, S75 W17313 Janesville Road Aaron Robertson, S67 W12559 Larkspur Road Marguerite Ingold, S76 W17501 Janesville Road William Schneider, S75 W20101 Ridge Road Lloyd Hawes, W197 S7678 Sunny Hill Drive Virginia Kohler, W192 S7196 Hillside Drive Ray Ingold, S76 W17501 Janesville Road The following registered support of the proposal, but did not wish to speak: Thomas Ralston, S81 W19386 Highland Park Drive Kathleen Mueller, W173 S7996 Scenic Drive Expressed concerns about the proposal: Ken Fries, W175 S7229 Lake Drive Suzi Link, W172 S7297 Lannon Drive Mark Oliver, S75 W17674 Harbor Circle Henry Plum, S75 W17555 Harbor Circle PUBLIC HEARINGS Ms. Mueller read the public hearing notice to consider the petition to revise Chapter 17, the Zoning Ordinance of the City of Muskego, Sections 4.03, 8.01, 8.38, 9.17, 14.03, 14.06, 15.05 and 16.09. Mr. Muenkel stated the proposed ordinance would address various changes to the City’s Zoning Code (Chapter 17). The proposed changes are required due to clarifications, state code changes or board requests. They are as follows: Common Council Minutes 2 January 10, 2012 Section 4.03(6) – This was requested by the Community Development Authority (CDA) so people who receive approved grants/loans from the City have to maintain their improvements in perpetuity. Section 8.01(3) C. and Section 14.03 – This is clarification based on state codes regarding zoning variances. This is the recommended way for the City to make reasonable accommodations for the disabled when it comes to zoning related setbacks/offsets. Section 8.38(3) C. 1. – This change shows that nursing homes are allowed with conditional use grants in the DR-1 District in order to match other commercial zoning districts. Section 9.17(1) – This correction is need to update the Lake Meadows PD code section to match the required accessory structure rear offset that has always existed, but was inadvertently omitted from the code language. Section 14.06 – This is for clarification as to when a public hearing is required for the willing removal of a Conditional Use Grant. Section 15.05(8) – This modification to the fence zoning text is being added to clarify how fence height regulations are measured. Section 16.09(3) – This modification was requested by the Plan Commission from past review. This change will allow more flexibility in electronic message center displays. Mr. Muenkel noted that the Plan Commission will review the proposed changes at its February meeting. Suzi Link, W172 S7297 Lannon Drive, questioned how the perpetuity clause [amendment to Section 4.03(6)] would be administered and if it would create more problems instead of solving them. The Mayor declared the hearing closed. Ms. Mueller read the public hearing notice to consider the petition to repeal and recreate Section 8.35 of Chapter 17, the Zoning Ordinance of the City of Muskego and to amend the City of Muskego Official Zoning Map to change all EA - Exclusive Agriculture zoned parcels to A-1 - Agricultural. Mr. Muenkel presented the following information regarding the proposed chang e:  The City has had an EA zoning district since the 1980’s. It was put in place solely to allow property owners to obtain preservation tax credits. The parcels have to be a minimum of 35 acres in size and used exclusively for agricultural activities.  In the last few years, the State of Wisconsin changed the requirements for a property owner to receive the agricultural tax credits. Mr. Muenkel reviewed the new requirements to qualify for credits.  The City did send a letter to all owners of properties zoned EA requesting input.  The Common Council should review the various options and provide direction on how it wants to proceed. Common Council Minutes 3 January 10, 2012 Mr. Muenkel reviewed the following options: 1. Leave the existing EA zoning district and EA zoning ordinance text as is. 2. Adopt new ordinance language (#1353). The City would then meet the requirement for the new state certified EA zoning text. The EA zoning district would be retained. Farmers would be eligible in the future for the preservation tax credits. However, Mr. Muenkel noted that there are many more obligations that a property owner must meet to qualify for the tax credits in addition to being zoned EA. If the Council chooses this option, proposed Ordinance #1354 would have to be defeated. 3. Remove the existing EA zoning and change any parcels that have the EA zoning district to the A-1 - Agricultural zoning district. This option would allow the continuation of existing farming practices. It would also allow property owners to divide a parcel of 2.75 acres in size without a rezoning petition. The same uses are allowed in the A-1 zoning district. The A-1 district meets the rural density residential requirement per the Comprehensive Plan. If the Council chooses this option, proposed Ordinance #1353 would have to be defeated. Mr. Munkel noted that out of all the property owners that were notified regarding this issue, he only heard from two. Staff recommends the option to remove the EA zoning and rezone all the parcels A-1. The Plan Commission still has to review the matter and make a recommendation. The following individuals spoke regarding this issue: Sally Feinauer stated she owns the property located at W207 S8916 Hillendale Drive. She stated she supports the A-1 zoning. It provides more flexibility to all the property owners. Ald. Fiedler asked what the cost was to petition for rezoning. Mr. Muenkel stated approximately $800 ($500 plus developer’s deposits). Eileen Madden, S110 W14800 Union Church Road, stated she does not see a reason for the zoning to change. She believes individual property owners in the EA district should petition for rezoning. She would like her property to remain Exclusive Ag. The Mayor declared the public hearing closed. Ms. Mueller read the public hearing notice to consider the petition of Richard and Neome Schaumberg to rezone property at W181 S9102 Parker Drive (Tax Key #2241.997) from A-1 Agricultural District to RC-1 - Country Residence District for the purpose of a possible land division. Mr. Muenkel stated the subject parcel is located east of Parker Drive. The Schaumbergs are requesting to rezone property from A-1, which requires a 2.75 acre parcel, to RC-1. The RC-1 district allows parcels of 80,000 square feet in area. The rezoning petition is for a future land division. The new parcel would meet the rural density residential requirement of the Comprehensive Plan. Staff supports the rezoning petition. A recommendation from the Plan Commission will be forthcoming. Common Council Minutes 4 January 10, 2012 Suzi Link, W172 S7297 Lannon Drive, stated the Schaumbergs are going through the process in the proper manner. They want the zoning in place prior to moving forward with any future plans. The Council needs to remember that zoning changes should be done if in the best interests of the community. The Mayor declared the hearing closed. UNFINISHED BUSINESS Ord. #1346 - An Ordinance to Establish Salaries for Elected Officials. Second Reading. Ald. Fiedler moved for adoption. Ald. Borgman seconded. Motion carried 7 in favor. Ord. #1347 - An Ordinance to Amend Chapter 9, Section 9.05, of the Municipal Code of the City of Muskego (Loud and Unnecessary Noise Prohibited). Second Reading. Ald. Borgman moved for adoption. Ald. Werner seconded. Motion carried 7 in favor. Ord. #1348 - An Ordinance to Amend Chapter 9, Section 9.14(3), of the Municipal Code of the City of Muskego (Open Fires Restricted). Second Reading. Ald. Borgman moved for deferral. He received a call from a Bay Breeze resident that the proposed ordinance would make barbequing illegal. He requested that the ordinance go back to the Public Safety Committee. Ald. Harenda seconded; motion carried. Ord. #1349 - An Ordinance Establishing Fees for Ambulance Services. Second Reading. Ald. Fiedler moved for adoption. Ald. Werner seconded. Ald. Harenda stated that he requested information to support the 12% increase, but received only some data from Tess Corners. He has reservations about the increase. He received information to support the increase as a result of rising gas prices, but does not believe the 12% is warranted. Ald. Soltysiak stated he does not like the rate increase either. However, the City needs the service and Tess Corners has effectively provided it for many years. He would like the Public Safety Committee to work with Tess Corners to see how costs could be reduced in addition to planning for increases in the future. Mayor Chiaverotti stated that the City contracts with Tess Corners for a service like it does with other service providers. We typically do not ask contractors for data to support their charges. Ald. Harenda reiterated that he is not opposed to the increase; he just wants the data to support it. Motion carried 7 in favor. CONSENT AGENDA Ald. Borgman moved to approve the items under the Consent Agenda. Ald. Werner seconded. Motion carried 7 in favor. The following items were approved: Approval of Operator’s Licenses for John Beneke, Amy Brown, Rebecca Brown, Alan Currie, Jacqueline Gwitt-Schuetz, Bobbi Jo Hinkley, Dennis King, Andrea Lewandowski, Jesse Mawwhinney, Jennifer Milonczyk, Rachel Nadolny, Jennifer O’Reilly, Beth Pinkert, Keith Stefani and Anna Wolf Common Council Minutes - December 13 and 27, 2011 Reso. #001-2012 - Resolution Combining Wards for Election Purposes Reso. #002-2012 - Appointment of Citizen Member to Community Development Authority (R. Mueller) Common Council Minutes 5 January 10, 2012 REVIEW OF COMMITTEE REPORTS The following minutes were reviewed: 11/22/2011 Finance Committee. ORDINANCES Ord. #1350 - An Ordinance to Amend Chapter 12, Section 12.01 (9)(d), of the Municipal Code of the City of Muskego (Licensing Sales of Alcoholic Beverages/Closing Hours). First Reading. Ord. #1351 - An Ordinance to Amend Chapter 17, Sections 4.03, 8.01, 8.38, 9.17, 14.03, 14.06, 15.05 and 16.09, of the Zoning Code of the City of Muskego. First Reading. Ord. #1352 - An Ordinance to Amend Chapter 32, Sections 32.13 and 32.15, of the Municipal Code of the City of Muskego (Fire Prevention Code). First Reading. Ord. #1353 - An Ordinance to Repeal and Recreate Section 8.35 of Chapter 17, the Zoning Ordinance of the City of Muskego. First Reading. Ord. #1354 - An Ordinance to Amend the City of Muskego Official Zoning Map to Change All EA - Exclusive Agriculture Parcels to A-1 - Agricultural. First Reading. Ord. #1355 - An Ordinance to Amend the Zoning Map of the City of Muskego (Schaumberg - A-1 to RC-1). First Reading. LICENSES Ald. Soltysiak moved to approve a Temporary License for the Sale of Fermented Malt Beverages and Wine for Special Olympics Wisconsin for February 12 Polar Plunge to be held at Muskego County Park. Ald. Werner seconded. Motion carried 6 in favor. Ald. Fiedler abstained. VOUCHER APPROVAL Ald. Schaumberg moved for approval of payment of Utility Vouchers in the amount of $94,671.01. Ald. Werner seconded. Motion carried 7 in favor. Ald. Schaumberg moved for approval of payment of Tax Vouchers in the amount of $52,185.63. Ald. Fiedler seconded. Motion carried 7 in favor. Ald. Schaumberg moved for approval of payment of General Vouchers in the amount of $123,076.14. Ald. Werner seconded. Ald. Fiedler and Soltysiak left because of a conflict. Motion carried 5 in favor with Ald. Fiedler and Soltysiak abstaining. Ald. Fiedler and Soltysiak returned to the meeting. CITY OFFICIALS’ REPORTS Discussion took place regarding the January calendar. CLOSED SESSIONS Ald. Borgman moved to convene into closed session pursuant to Wis. Stats. §19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, more Common Council Minutes 6 January 10, 2012 specifically purchase of the properties per approved Resolution #142-2011 (Lake Park). Ald. Werner seconded. Motion carried 7 in favor. Ald. Fiedler moved to convene into closed session pursuant to Wis. Stats. §19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, more specifically labor negotiations for 2012. Ald. Borgman seconded. Motion carried 7 in favor. The Council convened into closed session. Ald. Snead left the meeting and was not present for the second closed session because she was ill. OPEN SESSION Ald. Harenda moved to reconvene into open session. Ald. Fiedler seconded; motion carried. ADJOURNMENT Ald. Harenda moved to adjourn at 10:00 p.m. Ald. Fiedler seconded; motion carried. Minutes transcribed by Jill Blenski, Deputy Clerk January 10, 2012 To: Finance Committee & Common Council From: Craig Anderson, Parks & Recreation Director Re: City of Muskego/Little Muskego Lake District Weed Tipping Agreement The Parks & Recreation Board are recommending the approval of the annual agreement with the Little Muskego Lake Distict (LMLD) for weed tipping at Park Arthur. The agreement is the same as in past years except for the added condition #4 that states the LMLD is responsible for purchasing /installing a barrier (i.e. split-rail-fence) at the curve in the entrance road to the weed tipping area to prevent vehicles from accessing park grass areas. The LMLD has agreed to this condition. All other agreement conditions remain the same. Last year, there were no complaints received by either Larry Lefebvre or Alderman Borgman. Thank you for your consideration. COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #005-2012 APPROVAL OF LEASE AGREEMENT WITH LITTLE MUSKEGO LAKE PROTECTION AND REHABILITATION DISTRICT WHEREAS, The attached Lease Agreement has been reviewed by the Parks and Recreation Board and the Finance Committee and has been recommended for approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Parks and Recreation Board and the Finance Committee, does hereby approve the Lease Agreement wit h the Little Muskego Lake Protection and Rehabilitation District for lease of approximately one acre of Park Arthur (South Section) for 2012. BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Lease Agreement in the name of the City. DATED THIS DAY OF , 2012. SPONSORED BY: FINANCE COMMITTEE Ald. Neome Schaumberg Ald. Noah Fiedler Ald. Keith Werner This is to certify that this is a true and accurate copy of Resolution #005-2012 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer 1/12jmb LEASE THIS AGREEMENT is made between the City of Muskego, Lessor, and the Little Muskego Lake Protection and Rehabilitation District (LMLD), Lessee by LMLD Chairman, Larry Lefebvre. The property, which is the subject of this lease, is described as follows, to-wit: Park Arthur (south section) Parcel 1: Part of Lot 1 Certified Survey Map 9654 Tax Key No. MSKC 2173.991.003 TOTAL AREA TO BE LEASED IS APPROXIMATELY 1.0 ACRES, AS SHOWN ON THE ATTACHED EXHIBIT “A” AND THE FOLLOWING CONDITIONS APPLY: Rent will be $55.00 per acre with renewal after (1) year, at the discretion of the City (OWNER). RENTAL: The rental of said property shall be for the term one (1) yea r, commencing on January 1, 2012, and ending the 31st day of December 2012. The payment of $55.00 per acre is due on or before December 31, 2012. Renewal of said lease will be at the discretion of the City (OWNER). This site is to be used for emergency weed tipping only on Saturdays and after 5:00 p.m. on weekdays and during the entire term of the Lease shall not exceed 20 truckloads of weeds, each truckload not to exceed 12 cubic yards. SPECIAL CONDITIONS: (1) Any chemical usage at the site must be approved by the Conservation Coordinator prior to application. (2) All erosion control and/or farming methods recommended by the City's Building/Engineering staff be put in place and practiced at the expense of the LMLD during the term of this agreement. (3) Maintenance of the asphalt roadway from Martin Drive roadway needs to be performed, at the expense of the LMLD, until told otherwise. (4) A barrier (i.e. split-rail fence) needs to be purchased/installed, by the L.M.L.D., at the curve in their entrance road to prevent vehicles from accessing park grass areas. (5) The LMLD should submit in writing an operational plan for the cutting and non-cutting season to address the weed turning and grading operations at the site. (6) The berm will need to be maintained and mowed on a regular basis by the LMLD to prevent noxious weed growth. 2 (7) Any Muskego resident concerns regarding this site shall be handled by the Alderman liaison to the LMLD committee and/or the LMLD committee. LIABILITY INSURANCE: Lessee shall, at his own expense and at all times during the term of this lease, maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Lessor against liability for injury to or death of persons or loss or damage to property occurring in or about the demised premises. The liability under such insurance shall not be less than $1,000,000 for any one person killed or injured, $1,000,000 for any one accident and $1,000,000 property damage. A certificate of insurance to this effect must be on file with the Engineering/Building Inspection Department prior to entering said property. RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall have the right of entry at any reasonable time to inspect their property. If this lease is terminated before the Lessee shall have obtained the benefits from any labor or formerly agreed upon expenses they incurred in operating the weed -tipping program, according to contract or agreement with the Lessor during the current lease year, the Lessor shall reimburse the Lessee for such labor or expense. The Lessee shall present, in writing to the Lessor, its claim for such reimbursement at least thirty (30) days before the termination of this lease. If the land is not used for weed tipping, a grassy cover crop must be planted on the land at the expense of the LMLD, acceptable to the Parks & Recreation Board. ASSIGNMENT: This lease shall not be assigned by the Lessee without the expressed written consent of the City. RENEWAL: This lease is not subject to automatic renewal after the one (1) year period. Lessee shall notify the Parks and Recreation Board to renew contract. Pursuant to Resolution #005-2012 passed and approved on ___________ by the Common Council of the City of Muskego, this lease is hereby executed this day of , 201__. _______________________________________ Larry Lefebvre, Chairman for Little Muskego Lake Protection and Rehabilitation District, Lessee _______________________________________ Toby Whipple, President Parks & Recreation Board ______________________________________ Kathy Chiaverotti, Mayor City of Muskego RA N C H D R HAR D T K E D R MA R T I N D R COPPER OAKS SUBDIVISION TOTAL TILLED AREA = 1.84 Acres LAKE TIPPING AREA (1.0 Acres) January 10, 2012 To: Finance Committee & Common Council From: Craig Anderson, Parks & Recreation Director Re: Park Arthur (Northwest) Farming Lease The Parks and Recreation Board are recommending for approval the annual lease allowing hay farming by Karl Thiesenhusen. Mr. Thiesenhusen has been farming this area (12.02 acres) for years and desires to do this again. This will not interfere with any development projects of the eastern section of Park Arthur. We did add #5 to the agreement that states possible equestrian/pedestrian trails may be created by the owner and the leasee will leave any established trails as-is, once developed. Also, upon checking with Wayne Delikat for the going lease per acre rate, we found out the current $55/acre rate is still the average price. Thank you for your consideration. PARKS AND RECREATION DEPARTMENT W182 S8200 Racine Avenue PO Box 749 Muskego WI 53150-0749 Office (262) 679-4108 Fax (262) 679-5637 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #006-2012 APPROVAL OF LEASE AGREEMENT WITH KARL THIESENHUSEN FOR PARK ARTHUR (NORTHWEST SECTION) WHEREAS, The attached Lease Agreement has been reviewed by the Parks and Recreation Board and the Finance Committee and both have recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Parks and Recreation Board and the Finance Committee, does hereby approve the Lease Agreement with Karl Thiesenhusen for lease of Park Arthur (Northwest Section) for a one-year period to expire December 31, 2012. BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Lease Agreement in the name of the City. DATED THIS DAY OF , 2012. SPONSORED BY: FINANCE COMMITTEE Ald. Neome Schaumberg Ald. Noah Fiedler Ald. Keith Werner This is to certify that this is a true and accurate copy of Resolution #006-2012 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer 1/12jmb LEASE THIS AGREEMENT is made between the City of Muskego, Lessor, and Karl Thiesenhusen, Lessee. The property, which is the subject of this lease, is described as follows, to-wit: Park Arthur (northwest section): Parcel 1: All that part of the Northwest ¼ of the Northeast ¼ of Section 4, Town 5 North, Range 20 East, in the City of Muskego, Waukesha County, Wisconsin, bounded and described as follows: Commencing at the Northwest corner of Parcel 1, Certified Survey Map No. 4239, said point also bein g the point of beginning; thence S 00°52’00” W along the Westerly line of said parcel 494.95, to the Southwest corner of said Parcel 1; thence continuing S 00°52’00” W 545 feet more or less to the North line of Parcel 1, Certified Survey Map No. 9654; the nce Westerly along said North line 565 feet more or less to the West line of said Northeast ¼, of Section 4; thence Northerly along said West line 1,053 feet to College Avenue Southerly right -of-way line, said right -of-way line being 33 feet south of said College Avenue centerline; thence Easterly along said right-of- way line 594 feet more or less to the extended West line of said Parcel 1, Certified Survey map No. 4239; thence Southerly along said extended West line 17 feet more or less to the point of be ginning. Bearing reference Certified Survey Map 4239. TOTAL AREA TO BE LEASED IS APPROXIMATELY 12.02 ACRES AND THE FOLLOWING CONDITIONS APPLY: Rent will be $55.00 per tillable acre with renewal on a yearly basis, at the discretion of the City (OWNER). RENTAL: The rental of said property shall be for the term one year, commencing on the_____day of ________, 2012, and ending the 31st day of December 2012. The total tillable acreage shall be determined by the Engineering/Building Inspection Department pr ior to the annual crop harvest with a payment of $55.00 per tillable acre du e on or before December 31, 2012. Renewal of said lease will be at the discretion of the City (OWNER). SPECIAL CONDITIONS: (1) Any chemical usage must be approved by the Conservation Coordinator prior to application. (2) All erosion control and/or farming methods recommended by the City's Building/Engineering staff be put in place and practiced. (3) The existing trees, woodland areas and fields planted as prairie are to be left as is. (4) This land is only to be used for hay harvesting. 2 (5) Possible equestrian/pedestrian trails may be created by the OWNER. The Lessee will work with OWNER to leave established trails as-is, once developed. LIABILITY INSURANCE: Lessee shall, at his own expense and at all times during the term of this lease, maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Lessor against liability for injury to or death of persons or loss or damage to property occurring in or about the demised premises. The liability under such insurance shall not be less than $1,000,000 for any one person killed or injured, $1,000,000 for any one accident and $1,000,000 property damage. A certificate of insurance to this effect must be on file with the Parks & Recreation Department prior to entering said property. RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall have the right of entry at any reasonable time to inspect their property and/or the farming methods being used. If this lease is terminated before the end of the normal production year, the Lessee shall have the right of entry for the purpose of the annual harvesting of crops seeded before the termination of the leas e in accordance with normal farm practices, or to sell his interest in such annual crops whether to the Lessor or to the succeeding Lessee provided the Lessee does not interfere with normal field operations of the succeeding season. If this lease is terminated before the Lessee shall have obtained the benefits from any labor or formerly agreed upon expense he incurred in operating the farm, according to contract or agreement with the Lessor during the current lease year, the Lessor shall reimburse the Less ee for such labor or expense. The Lessee shall present, in writing to the Lessor, his claim for such reimbursement at least thirty (30) days before the termination of this lease. If the land is not used for active cropping, a grassy cover crop must be pl anted on the land by the Lessee, acceptable to the Parks & Recreation Board. ASSIGNMENT: This lease shall not be assigned by the Lessee without the expressed written consent of the City. RENEWAL: This lease is not subject to automatic renewal after the one (1) year period. Lessee shall notify the Parks and Recreation Board to renew contract. Pursuant to Resolution #006-2012 passed and approved on ___________ by the Common Council of the City of Muskego, this lease is hereby executed this day of , 2012. __________________________________ _______________________________________ Karl Thiesenhusen, Lessee (262-679-0841) Toby Whipple, President Parks & Recreation Board _______________________________________ City of Muskego Kathy Chiaverotti, Mayor LE N T I N I D R MAR T I N D R TOTAL TILLED AREA =~ 12.02 Acres COLLEGE AVE January 10, 2012 To: Finance Committee & Common Council From: Craig Anderson, Parks & Recreation Director Re: Park Arthur (Southwest) Farming Lease The Parks and Recreation Board are recommending for approval the annual lease allowing hay farming by Eddie Schaefer. Eddie has been farming this area (1.84 acres) for years and desires to do this again. This will not interfere with any development projects of the eastern section of Park Arthur. Also, upon checking with Wayne Delikat for the going lease per acre rate, we found out the current $55/acre rate is still the average price. Thank you for your consideration. PARKS AND RECREATION DEPARTMENT W182 S8200 Racine Avenue PO Box 749 Muskego WI 53150-0749 Office (262) 679-4108 Fax (262) 679-5637 COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #007-2012 APPROVAL OF LEASE AGREEMENT WITH EDDIE SCHAEFER FOR PARK ARTHUR (SOUTH SECTION) WHEREAS, The attached Lease Agreement has been reviewed by the Parks and Recreation Board and the Finance Committee and both have recommended approval. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego, upon the recommendation of the Parks and Recreation Board and the Finance Committee, does hereby approve the Lease Agreement with Eddie Schaefe r for lease of Park Arthur (South Section) for a one-year period to expire December 31, 2012. BE IT FURTHER RESOLVED That the Mayor is authorized to sign the Lease Agreement in the name of the City. DATED THIS DAY OF , 2012. SPONSORED BY: FINANCE COMMITTEE Ald. Neome Schaumberg Ald. Noah Fiedler Ald. Keith Werner This is to certify that this is a true and accurate copy of Resolution #007-2012 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer 1/12jmb LEASE THIS AGREEMENT is made between the City of Muskego, Lessor, and Eddie Schaefer, Lessee. The property, which is the subject of this lease, is described as follows, to-wit: Park Arthur (south section): Parcel 1: Lot 1 Certified Survey Map 9654 That part of the Southwest ¼ and Northeast ¼ of Section 4, Town 5 North, Range 20 East in the City of Muskego, County of Waukesha, State of Wisconsin Tax Key No. MSKC 2173.991.002 TOTAL AREA TO BE LEASED IS APPROXIMATELY 1.84 ACRES AND THE FOLLOWING CONDITIONS APPLY: Rent will be $55.00 per tillable acre with renewal on a yearly basis, at the discretion of the City (OWNER). RENTAL: The rental of said property shall be for the term one year, commencing on the_____day of ________, 2012, and ending the 31st day of December 2012. The total tillable acreage shall be determined by the Engineering/Building Inspection Department prior to the annual crop harvest with a payment of $55.00 per tillable acre du e on or before December 31, 2012. Renewal of said lease will be at the discretion of the City (OWNER). SPECIAL CONDITIONS: (1) Any chemical usage must be approved by the Conservation Coordinator prior to application. (2) All erosion control and/or farming methods recommended by the City's Building/Engineering staff be put in place and practiced. (3) The existing trees, woodland areas and fields planted as prairie are to be left as is. (4) This land is only to be used for hay harvesting. LIABILITY INSURANCE: Lessee shall, at his own expense and at all times during the term of this lease, maintain in force a policy or policies of insurance, written by one or more responsible insurance carriers, which will insure Lessor against liability for injury to or death of persons or loss or damage to property occurring in or about the demised premises. The liability under such insurance shall not be less than $1,000,000 for any one person killed or injured, $1,000,000 for any one accident and $1,000,000 property damage. A certificate of insurance to this eff ect must be on file with the Parks & Recreation Department prior to entering said property. RIGHTS AND PRIVILEGES: The Lessor or anyone designated by them shall have the right of entry at any reasonable time to inspect their property and/or the farming m ethods being used. 2 If this lease is terminated before the end of the normal production year, the Lessee shall have the right of entry for the purpose of the annual harvesting of crops seeded before the termination of the lease in accordance with normal farm practices, or to sell his interest in such annual crops whether to the Lessor or to the succeeding Lessee provided the Lessee does not interfere with normal field operations of the succeeding season. If this lease is terminated before the Lessee shall have obtained the benefits from any labor or formerly agreed upon expense he incurred in operating the farm, according to contract or agreement with the Lessor during the current lease year, the Lessor shall reimburse the Lessee for such labor or expense. The Lessee shall present, in writing to the Lessor, his claim for such reimbursement at least thirty (30) days before the termination of this lease. If the land is not used for active cropping, a grassy cover crop must be planted on the land by the Lessee, acceptable to the Parks & Recreation Board. ASSIGNMENT: This lease shall not be assigned by the Lessee without the expressed written consent of the City. RENEWAL: This lease is not subject to automatic renewal after the one (1) year period. Lesse e shall notify the Parks and Recreation Board to renew contract. Pursuant to Resolution #007-2012 passed and approved on ___________ by the Common Council of the City of Muskego, this lease is hereby executed this day of , 2012. _______________________________________ Eddie Schaefer, Lessee _________________ Toby Whipple, President Parks & Recreation Board __________________________ City of Muskego Kathy Chiaverotti, Mayor RA N C H D R HAR D T K E D R MA R T I N D R COPPER OAKS SUBDIVISION TOTAL TILLED AREA = 1.84 Acres LAKE TIPPING AREA (1.0 Acres) CITY OF MUSKEGO Approved 1/10/2012 FINANCE COMMITTEE MINUTES Tuesday, December 13, 2011 Muskego City Hall Mayor Chiaverotti called the meeting to order at 5:45 p.m. Present: Committee Members Ald. Schaumberg, Werner and Fiedler, Director of Finance and Administration Mueller, Deputy Clerk Blenski, City Engineer Simpson, IS Director Wisniewski, Ald. Snead, Borgman, Soltysiak (arrived at 5:50 p.m.), and Harenda (arrived at 6:02 p.m.). Those present recited the Pledge of Allegiance. The Deputy Clerk stated that the meeting was noticed in accordance with the Open Meeting Law on Friday, December 9. APPROVAL OF MINUTES Ald. Schaumberg moved for approval of the minutes of November 22, 2011. Ald. Fiedler seconded; motion carried. LICENSE APPROVALS Operators Ald. Werner moved to recommend approval of an Operator’s License for Matthew Bauer, Crystal Butzlaff, Benjamin Fetters, Karen Nordeen and Anandi Patel subject to the licensing requirements being completed prior to issuance. Ald. Fiedler seconded; motion carried. Renewal of Dog Fancier Licenses Ald. Werner moved to approve renewal of the following Dog Fancier Licenses: Hench (S78 W18232 Lions Park Drive) Reher (W187 S10740 Muskego Dam Drive) Ald. Fiedler seconded; motion carried. Review New Application for Dog Fancier License An application for a new Dog Fancier License was submitted by Steven and Joanne Klinko, W142 S6886 Tess Corners Drive. Mr. Klinko was present. Ald. Werner noted that both positive and negative comments were submitted by adjacent neighbors regarding the application. Ald. Snead stated that she has talked to the neighbors that submitted the negative comments. It appears that the main problem is the third dog (Bud), which is a Coon Hound that the Klinkos recently acquired. Mr. Klinko indicated that he has utilized a shock collar for training purposes. He did acknowledge that the dogs are not leashed. Ald. Werner stated that could pose problems. Ald. Snead stated that one of the neighbors submitted a photo to her of a fence that they installed to keep the Klinko dogs out of their yard. She noted that the information provided by the Police Department is recent. She had not heard of any issues prior to the license application being submitted Ald. Fiedler stated Mr. Klinko may be trying to address the issues. However, if they can’t be addressed then this neighborhood may not be the proper location for this type of dog. The area is residential and the lots are small. Ald. Fiedler suggested granting the license subject to a review after two or three months. His main concern is the noise especially if it occurs at night. Ald. Fiedler moved to grant the license to Mr. and Finance Committee Meeting Page 2 December 13, 2011 Mrs. Klinko with the condition that a three-month review will be done. Ald. Schaumberg seconded; motion carried. NEW BUSINESS Presentation by Civic Systems Regarding Purchase of Sire Electronic Document Management System and Workflow Software and Recommendation to Common Council Ms. Mueller stated that money was budgeted for a document management syste m in 2010. The money was carried over in 2011 due to the resignation of the Clerk- Treasurer. She and the IS Director have taken on the project and researched various software packages. Ms. Mueller stated that she and Mr. Wisniewski believe that the SIRE (Store Index Retrieve and Exchange) Technologies product is the best fit for the City. Mr. Mike Mandler of Civic Systems was present to give a brief overview of the EDMS and Workflow software. Mr. Wisniewski noted that the City’s documents need to be managed in a more global aspect. The City currently does not have a formal document management system, which is very inefficient. Mr. Mandler stated that the workflow software integrates with the the City’s financial software. This will allow invoices to be routed electronically. Ms. Mueller stated this would provide more transparency regarding the invoices. Ald. Fiedler asked what the benefits were. Mayor Chiaverotti stated the software will allow the public to search for documents without asking st aff to do so. Mr. Wisniewski stated a significant amount of time will be saved with the workflow software. Ms. Mueller agreed and noted that all the accounts payable data will be able to be stored electronically vs. filing paper copies of checks and invoices. Mr. Wisniewski stated that funds for the EDMS and Workflow were being requested. However, there are two other components that he wanted the Council to be aware of. Mr. Mandler gave a brief presentation to display the capabilities of the Video Pl us and Voting Plus software, which the City of New Berlin is currently using. Ald. Fiedler asked what the estimated return on investment was. Ms. Mueller stated three to five years. Ald. Fiedler moved to approve the purchase of the EDMS and Workflow Software for $45,250. Ald. Schaumberg seconded; motion carried. Recommendation Regarding New Positions and Elimination of the Position of Computer Specialist Mr. Wisniewski stated this was discussed during the budget process. He recommended that the Computer Specialist position be eliminated and a Systems Administrator position be created to better facilitate the operational support needs of the City. In addition, he recommended a part time intern position also be created. Mr. Wisniewski has prepared job descriptions for both positions as well as recommended salaries. Ald. Werner moved to recommend approval. Ald. Fiedler seconded; motion carried. The Systems Administrator position will have a Pay Grade of 54 and the PC Intern will have an hourly rate of $12. Mr. Wisniewski stated that he did explore the possibility of outsourcing, but did not believe that was the right choice for the City. Recommendation Regarding Creation of the Department of Public Works and Approval of Job Description for Department Director The Mayor noted that this also was reviewed during the budget process. A job description has now been prepared. Ald. Fiedler moved to recommend approval. Ald. Schaumberg seconded; motion carried. Finance Committee Meeting Page 3 December 13, 2011 Recommendation to Confirm the Selection of Director of Public Works/City Engineer The Committee reviewed performance evaluations for the current City Engineer. Ald. Fiedler stated that Mr. Simpson has been performing many of the duties of the position already and has done a commendable job. Ald. Fiedler moved to recommend approval. Ald. Schaumberg seconded; motion carried. Recommendation Regarding Severance Pay Plan and Separation Agreement and General Release Ms. Mueller stated initially it was proposed to offer the same plan as in the past when positions were eliminated. However, a request was received this morning to receive the cost equivalent of the three months of health insurance. The cost is about the same with the addition of FICA Tax. The City’s insurance carrier recommends that inactive employees not be covered. So, offering an allowance for the health insurance is in the City’s best interest. Ald. Fiedler moved to recommend the alternative plan and agreement as presented, which provides a payment for health insurance in lieu of coverage for three months. Ald. Schaumberg seconded; motion carried. Recommendation Regarding Fund Balance and Annual General Fund Budgeted Contingency Policy Ms. Mueller stated the Common Council adopted an updated fund balance policy in July of 2007. The recent audit management letter recommended the City adopt a new fund balance policy that is in compliance with Governmental Accounting Standards Board (GASB) No. 54. Ms. Mueller has revised the policy, which includes all the procedures of the previous policy with the exception of the fund balance categories. Ald. Fiedler moved to recommend approval. Ald. Werner seconded; motion carried. Recommendation Regarding Baker Tilly Virchow Krause, LLP 2011 City Audit Engagement Letter Ms. Mueller stated the audit engagement letter is reviewed annually. The language is the same as in previous years and there is no proposed fee increase. However, the City may incur additional fees due to the recent debt issue. Ald. Fiedler moved to recommend approval. Ald. Werner seconded; motion carried. VOUCHER APPROVAL Ald. Schaumberg moved to recommend approval of Utility Vouchers in the amount $85,306.61. Ald. Fiedler seconded; motion carried. Ald. Schaumberg moved to recommend approval of General Vouchers in the amount $1,562,069.84. Ald. Fiedler seconded; motion carried. COMMUNICATIONS AND ANY OTHER BUSINESS Ms. Mueller distributed a draft Table of Contents for the Employee Handbook that needs to be created. The handbook will eventually be reviewed by the Finance Co mmittee and then approved by the Common Council. Finance Committee Meeting Page 4 December 13, 2011 ADJOURNMENT Ald. Fiedler moved to adjourn the meeting at 7:08 p.m. Ald. Schaumberg seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk. Approved 1/19/12 Conservation Commission (Commission) City of Muskego Minutes of Meeting Held on Tuesday, October 18, 2011 Chairman Pilak called the meeting to order at 7:00 PM and led those in attendance in the Pledge of Allegiance. Roll Call - Commissioners: Mr. Bill Miller, Mr. Leonard Pilak, Ms. Sharon Roy, Ald. Soltysiak, Mr. Howard Schneider and Conservation Coordinator Tom Zagar. Excused: Ms. Karen Hartwell, Ms. Julie Holubowicz Guests: James Ott The meeting was posted in accordance with the open meeting law. APPROVAL OF PREVIOUS MEETING MINUTES – A motion was made by Commissioner Miller to approve the minutes of the meeting held May 9, 2011. Seconded by Ald. Soltysiak; motion carried. PROJECT UPDATES Conservation Coordinator Zagar updated the commissioners on the following projects: Engel Conservation Area— An International Migratory Bird Day celebration was held May 14 and Ms. Roy was one of those in attendance. There were a lot of migrating birds in the area. Mr. John Winze is an experienced birder, a guy who can identify a bird just by a glimpse. He led the group and he had a spotted scope. There were about 50 different species. Other events out there recently were the science club from the high school. They picked some seed that could be used in planting other lands. Restoration of City-owned Lands in Bass Bay Tributary— A slide was presented showing these lands. This is the site just south of Moorland Park that was seeded last year. There is a tributary stream that runs through Moorland Park and other city lands just south of that area and runs into Bass Bay. There were 25 acres that was seeded with native prairie seed. He pointed out the area of Moorland Road that goes south from Kohl’s and then sweeps left and then goes south again before Woods Road. An Eagle Scout project included planting of several trees, seedling trees and some larger trees transplanted from the Engel Conservation Area. Some planting was done in the out lot by the Candlewood subdivision. Conversion of Park Turf to Prairie— He refreshed the commissioners that several years ago some areas in the local parks were planted with native prairie seeds. This is the second growth year for those plantings. The plantings were shown on another slide. Mr. Schneider inquired how many acres were converted to prairie plantings. Mr. Zagar stated about 15 acres. Ald. Soltysiak asked which parks received the most plantings. As they are the larger parks, Mr. Zagar reported Bluhm and Denoon park areas comprised the largest areas. Conservation Commission Meeting – October 18, 2011 – Page 2 Erosion Control Project on Holz Island—Little Muskego Lake—The project concluded this year. Coconut fiber logs were placed in the undercut eroding bank on the east shore and on the west side rip-rap was installed to deal with the wave action. Most of the work was done in 2010 which included seeding the west bank on a 1:1 slope with a matting overlay. It is starting now to green up. Mr. Schneider questioned how many dollars were needed to complete the project. Mr. Zagar reported about $50,000 and there was a grant that covered almost half of the cost. The lake association contributed a couple thousand and the Lake District $10,000 to the project. There were no city dollars spent only Mr. Zagar and Mr. Theis’s time contributed to it. Mr. Schneider asked about the status of the ski jump. Mr. Zagar shared that some residents are upset where the ski jump is now located adjacent to a smaller island. There has been discussion of moving the ski jump area and one of the areas mentioned is Holz Island. He has sent a memorandum to the Public Safety Committee to let them know that Holz Island is a conservation area with an undeveloped shoreline and that there is a deed restriction on it as it was donated by the Holz family to the city. It is a sensitive area as designated by the WDNR and a primary environmental corridor designated by SEWRPC. They should try and locate the ski jump at a different spot. Mr. Schneider was opposed to having the ski jump anywhere near the island. Mr. Miller agreed. It takes away from the aesthetics of the island. Ald. Soltysiak recommended that the members attend the Public Safety Committee and let them know their objections. Native Seeding at Park Arthur—Mr. Zagar shared that Park Arthur is being developed this year. Certain areas, about 8 acres, are being planted upfront with native grasses instead of turf in the non-athletic field areas. This was seeded this past summer. Some discussion on the sledding hill and it was noted it would not be ready for sledding for a year allowing the grass roots to get established. UNFINISHED BUSINESS Acquisition of Borst Property Lands—The city has a verbal accepted offer to purchase the Borst property. The Common Council has extended that offer and it is being worked on by the city’s attorney. The closing should be before the end of the year. The site is 106 acres and portions of the property that are not included are a couple residential lots along Field Drive and around the farm house. The property for the city will have the oak savannah woods, the wetlands and oak woods slope. The city offered approximately 1.24 million dollars for the property; about $400,000 will be recuperated from a WDNR grant. There was $50,000 from the LMLA and whatever future consideration from the LMLD. They would like to move on the development as soon as possible starting with trails and a parking lot. He’ll be bringing forward the development plans to the commission members for their input. Update on Conservation Plan—The Parks & Conservation Plan is being updated - it is a five- year plan. At the previous meeting, he had asked for any ideas and suggestions from the commission members. Mr. Schneider inquired if they should think about acquiring/protecting the land further down along the creek from the Borst area; thus protecting the stream corridor from Field Drive to Tans Drive. He suggested possibly establishing a hiking trail in the area. Mr. Zagar stated that lands just north of the Ridges property are designated as a high conservation priority and subsequently pointed out this area on the map. The proposed trail map also shows a rail through this area. Ald. Soltysiak questioned if there was any value in doing more by Linnie Lac to protect that corridor? Mr. Zagar did not know what opportunity there would be there. Mr. Schneider advised that the Muskego Lakes Conservancy owns lands in that area, the western part behind Linnie Lac and an easement on the eastern part of Linnie Lac. Mr. Zagar mentioned Conservation Commission Meeting – October 18, 2011 – Page 3 that one high priority for the city was a section of woodland between Parker and Henneberry and another one was to work with the DNR to acquire additional lands for the Big Muskego Lake Wildlife Area. There are some existing DNR lands by Muskego Dam Road and Parker Drive and a couple of key acquisitions would protect a large contiguous swath of land along Big Muskego Lake’s southwestern shore. As the updating of the conservation plan moves forward, he’ll bring it before the commissioners for their input. NEW BUSINESS Land Acquisition Inquiry, Davis—Mr. Dave Davis sent a proposal to the city. Mr. Davis lives on Woods Road west of the high school where the road turns north. He has a very small road frontage making, with the current zoning, the divisibility of the land not possible. The city owns 4 acres just east of his property. He would like the city to sell 90 feet less than 1,000 square feet (which would be about 1/40 of an acre) to him to increase his frontage. He is offering the right of first refusal on the southern part of his property which is mostly wetlands and could be annexed to Engel Conservation Area if another parcel (Klumb) was also acquired. Commissioners discussed the merits of this proposal, consideration also being given to the possibility of acquiring the adjacent Klumb property. Mr. Zagar noted that the conservation plan shows these lands lie within a proposed greenway corridor with a proposed trail connection from Engel Conservation Area to Muskego County Park. He stated that while it may not be possible to acquire lands at this time the city should look to secure a trail easement through the Davis property. Chairman Pilak moved to pursue continuing discussion with the property owners keeping in mind that the Commission is looking for an easement for a future trail. Ald. Soltysiak seconded. Mr. Schneider cautioned that they need to make sure if the property is sold to others that the new owners are aware of the easement. Upon a voice vote, the motion carried. MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Nothing offered. ADJOURNMENT—Ald. Soltysiak moved to adjourn the meeting at 7:50 PM. Stella Dunahee, CPS Recording Secretary City of Muskego PARKS & RECREATION BOARD Monday, November 14, 2011 Approved 1/9/12 Board President Whipple called the monthly meeting of the Parks and Recreation Board (Board), City of Muskego, to order at 5:45 p.m. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. The meeting notice was posted in accordance with the Open Meeting Law on Thursday, November 10, 2011. Present: Mr. Gary Boisits. Ald. Kert Harenda, Mr. Jerald Hulbert, Mr. Brett Hyde, Mrs. Kelly Koble, Mr. ] “Butch” LeDoux, Mr. Toby Whipple and Director Anderson GUEST: Denise Konkol of MUSKEGO PATCH APPROVAL OF MINUTES: October 10 Minutes Mr. Hyde moved to approve the minutes of the October 10, 2011 meeting, seconded by Mr. LeDoux. Upon a voice vote, the motion carried. COMMUNICATIONS: None NEW BUSINESS: Muskego Historical Society Utilities Director Anderson brought to the Board’s attention the matter of the Muskego Historical Society paying a monthly charge for the utilities at the Old Town Hall as set forth in the agreement. He shared that there is no separate meter for the Old Town Hall; therefore, he did some calculations as best he could determine on their hourly usage of the Old Town Hall and the hourly usage by the City of Muskego. Based on budget figures available, he presented an example of the dollar amount for a 80%/20% split. He stated that the Parks and Recreation Board per the agreement is charged with figuring out what the cost is; however, there is no concrete way of coming up with the amount. He recommended to base the cost on the actual expenses and establish a bench mark and if the historical society increases their programming, the Board could increase the amount. Mr. Hulbert concurred with the events Director Anderson had listed and stated that their Board meeting is once a month and lasts two hours, the arts and craft fair is one Saturday and one day for set -up which amounts to two days and evenings, the ghost walk is two days, two nights with one night for set -up. For the festival, they don’t use the inside of the Old Town Hall. The forthcoming Country Christmas is really a Chamber of Commerce event and the historical society is there for an afternoon which is one -half day. Unscheduled use of the lower level by members to do society work amounts to one or two days a week. He added that the society does not have any funds in their budget for utilities and it would mean they would have to do additional fund-raising. They try to take care of the maintenance of the historica l buildings. Director Anderson stated that if there is a change, the historical society needs to approach the Common Council and asked for changes to the agreement. Mr. Boisits thought maybe the society should pay something, a fixed amount each year not really based on any calculation. Mrs. Koble offered that may be putting a hardship on the society as they don’t have a lot of revenue. They should go to the city stating they are an asset to the city Minutes, Parks & Recreation Board, November 14, 2011, page 2 and ask for the costs to be waived. Mr. Hyde stated that the city owns the buildings, but the society does the upkeep on the buildings and he felt that it was a quid pro quo situation and the city should take care of the utility costs. Mr. Boisits moved to recommend to the Common Council that the city would pay 100% of the utility costs. Mrs. Koble seconded. Mr. Hulbert shared a recent happening of needing to replace the door at the church. Mr. Hyde inquired if this should be reviewed every fifth/tenth year. The Board members thought it was not necessary as they are obligated to do an annual report before the Board and the Board members can bring up issues then. Upon a voice vote, the motion carried with Mr. Hulbert abstaining. Snow Removal from Recreation Trail From his tour with Mr. Elger, Mr. Boisits said it sounded like Mr. Elger was clearing the snow from the trail but now can no longer do it. Mr. Elger was looking for a portion of the trail to be cleared for the cross -country skiers and other users. Director Anderson stated the department does not have the time to clear the whole trail. Mr. Elger had done the trail on a volunteer basis. Director Anderson’s recommendation was to revisit the issue for winter of 2012-13 as Janesville Road and Woods Road will be added. The Common Council will have to make a determination on the capital piece of equipment that the department has requested for clearing the trails. At that time, also, the department may be requesting additional people to handle the snow removal. The section of Durham Drive from McShane Drive to North Cape Road (Highway OO) has been completed and then in 2012, all of Woods Road from Moorland to Racine will be added to the trail system. At that point in time, the snow removal on the recreation trails can be re-evaluated on resources available. Mr. Boisits inquired if another volunteer could come forward to clear the trail this year. Board members had no problem with another volunteer doing the trail. Snow Removal Priority List Director Anderson reviewed his recommended possible changes to the snow removal priority list.  Because the Icetronauts no longer request use of Bluhm Farm Park, Bluhm Farm Park was moved from Priority 4 to Priority 7.  For 2013, Park Arthur is Priority 4 in consideration of the sledding hill.  With possible purchase of Boxhorn in 2012, this launch site is Priority 6 with the other launch site at Durham Drive.  For Priority 12, the off-road walkways, could include the all new Janesville Road 5’ wide concrete sidewalks under #1, McShane to Highway OO under #2, Woods Road for 2012-13 from Moorland Road to Racine Avenue under #6. He mentioned that with a recent snowfall, the trails are usually cleared within 3 -5 days. Sections of trails that are cleared are based on safety and people being able to safely get to the business district and any safety standards such as coming down a hill like on Lannon or Parkland. Mr. Hulbert shared that when they were originally doing the trails, they were trying to be business friendly and he would like to see that continued. He thought Janesville Road could be done on both sides between Racine toward the Bay Lane area as a priority. He did not think that it was a priority to go down Durham beyond McShane. When it comes online, he thought Woods Road up to Lannon to really take care of the businesses, including access to the businesses along Janesville Road. One of his concerns was the difficulty of maintaining the trail along Janesville beyond St. Paul’s. In that area, Mrs. Koble remarked there is no place to go with the snow. Based on those convers ations, Director Anderson said that it had been changed not to go beyond Poe’s Place which is right after St. Paul’s. He stated that the Board would need to de cide if they wanted Durham done from the recreation trail to Highway OO. On the other proposed sections, the Common Council will determine if they want snow removed or next year, the Parks and Recreation Board will have a better idea on the trail development. He mentioned that he would like the piece of equipment demonstrated during a snow fall so they can see how long it takes to do a trail section. Mr. Hulbert’s opinion was that they should not go down Durham any farther than they do now. The general population in that area will let the Board know and the alderman will advise on the type of interest in actually cleaning that up and realizing that there is a cost involved. Discussion continued on other Minutes, Parks & Recreation Board, November 14, 2011, page 3 areas of the trails and the equipment used to clear the trails. Mr. Hulbert moved to reapprove the priority list. Mr. Hyde seconded. Upon a voice vote, the motion carried unanimously. Icetronauts Use of Parks Director Anderson presented the Icetronauts request to use access #17 and Denoon Park for their snowmobile trails. Mr. Hulbert moved to approve the Muskego Icetronauts request to establish a snowmobile trail using Lake Access #17 and through Denoon Park, requesting they place the trail following the fence and tree line, straight through the prairie area, taking into consideration the access to the Haut property. Mrs. Koble seconded. Upon a voice vote, the motion carried unanimously. UNFINISHED BUSINESS: None ALDERMAN’S REPORT: Nothing to share. STATUS OF PROJECTS: Park Arthur (a) College Avenue Entrance Board members reviewed the site plan for the College Avenue entrance. Director Anderson shared that when the conceptual plan was first designed, they only had an entry off of Martin, not College. Residents of Lentini did not want Lentini to be a thoroughfare for people coming off of College to enter the park. Also, for safety reasons, for paramedics to get to the park it would make more sense to have an entrance off of College. Mr. Hulbert’s concern was the huge cost in doing the entrance with turning lanes as the county wanted. Also, in his opinion, it makes a cut-through, a public street, to go between New Berlin and Muskego. He felt most of the people using the park would be coming off of Martin and not down College. Director Anderson reported that some of the work, the grading, has already been done. There are other issues that need to be addressed with Waukesha County and city staff will meet with them on the issues. Further, if there is a lot of activity in the park, he did not see people wanting to cut through the park unless it is at night. If this occurs, they could consider a barricade or a control arm that could close off the park. With the opening of the park, Mr. Boisits could foresee the use of College Avenue entrance as Martin Road is a small road and also not to forget that representations were made to the Lentini people to take congestion off their roadway. Mr. Hyde expected to see people coming from the southwest side of the city come up Racine to College. Mr. LeDoux mention being close to the freeway access, College would be an easy out/easy in and the issues of vandalism in the parks which happens all the time, the police are to handle and may make catching the vandals more successful. Board President Whipple stated that if the Board decides to gate the park, then they’ll do it. Director Anderson stated with the amount of people using the park for tournaments, you’ll need to get the people out of the park in a safe manner. City staff will be bringing back information from Waukesha County. (b) Baseball Field Development Director Anderson reported he had met with most of the leagu es. They were very supportive of the baseball fields being planned. Mick was also in attendance and came up with a figure of $210,000 to do the fields. The league representatives asked what the department was looking for to do the fields. He informed them that customarily the Board has looked at a 50:50 ratio. Then, would the Board be interested if they came up with the 50% and the city had their 50% to do all the fields next year. Some leagues were ready to put the money down to get the big field done. They wanted to know if the Board was willing to conceptually approve being able to pay for half the fields being created next year for use in 2013. Mr. Hyde questioned how much field usage would the teams expect for their investment, exclusive use? As the leagues indicated they would expect to have usage of those fields for a certain number of years for their investment, Director Anderson had informed them they would not have sole exclusivity over the fields Minutes, Parks & Recreation Board, November 14, 2011, page 4 as the city is paying the other 50% and the city and other leagues should have some opportunity. Mr. Hulbert would like to see the fields developed sooner than later but where is the money. Director Anderson said the city’s cost would come from park dedication funds and if they went forward, they would be spending that fund down to almost zero. Mr. Hulbert asked if the Board could require to see the leagues line of credit or a certificate before they would move forward with the development. Director Anderson felt they could make that doable. Ald. Harenda wo uld like to move forward on it. Mrs. Koble would like them to understand that their investment would not mean exclusive use of the fields. Director Anderson said the leagues when they fill out their field request, would still have to justify need for the field. Mr. Hyde moved for Director Anderson to continue discussion with the various groups to see where the Board can go with this conceptually with a 50% split on the field development costs. Mr. Hulbert seconded. Director Anderson is expecting for the groups to come back at the January/February meeting and start initial discussions with the Board. Then, by late spring, have the details, such as funding, worked out so the development could move forward so the fields are done in the late summer/early fall 2012. Upon a voice vote, the motion carried unanimously. DIRECTOR’S REPORT: Director Anderson provided the Board with a report on the following: Winter/Spring Program Guide/Registration The program guide will be mailed out November 18 with registration starting November 22. Pickleball Interest The pickleball information was printed in the program guide and only five people indicated an interest in it. The department will not move forward with restriping the tennis courts. The department does have a net should more interest be shown. Football Field Request Once the word got out that Director Anderson had met with the baseball leagues, he received a request from the Jr. Warriors for a football field. He indicated to them that they should start discussions with the school district for use of the Kelsey land. ANNOUNCEMENTS AND OTHER BUSINESS: Mr. Hulbert shared that Country Christmas is this coming weekend. It is a Chamber of Commerce event and they have partnered with the chamber offering the hay rides and helping out. The police will escort Santa. The parade starts at Janesville/Pioneer and ends at the city grounds. The next meeting is scheduled for December 12, time to be determined. At this time, no agenda items so the meeting may not be held. ADJOURNMENT - There being no further business, Mr. Hulbert moved for adjournment at 6:58 p.m. Seconded by Mr. Hyde. Upon a voice vote, the motion carried. Stella Dunahee, CPS Recording Secretary pc: Board Members, Craig Anderson email: Peter Theis, Tammy Dunn posted: www.ci.muskego.wi.us DRAFT CITY OF MUSKEGO MEETING CALENDAR FOR FEBRUARY 2012 1/20/12 MONDAY 1/30/2012 TUESDAY 1/31/2012 WEDNESDAY 2/01/2012 THURSDAY 2/02/2012 Public Safety Committee 6:00 PM (1) Little Muskego Lake Protection & Rehabilitation 7:00 PM (1) MONDAY 2/06/2012 TUESDAY 2/07/2012 WEDNESDAY 2/08/2012 THURSDAY 2/09/2012 Plan Commission 6:00 PM (3) Municipal Court 5:30 PM (3,5,East and 5 West City Hall) MONDAY 2/13/2012 TUESDAY 2/14/2012 WEDNESDAY 2/15/2012 THURSDAY 2/16/2012 Parks & Recreation Board 5:30 PM (1) Finance Mtg. 6:00 PM (1) Common Council Meeting 7:00 PM (3) Mayor’s Task Force on Communications 4:00 PM (1) Historical Society Meeting 6:30 PM Settlement Center MONDAY 2/20/2012 TUESDAY 2/21/2012 WEDNESDAY 2/22/2012 THURSDAY 2/23/2012 Public Works Committee 6:00 PM (1) Municipal Court 9:00 AM (3,5, East and 5 West City Hall) Community Development Authority 6:00 PM (1) Library Board 6:00 PM - Library Room #6 Festival Committee 7:00 PM - Library Room #5 Municipal Court 5:30 PM (3,5,East and 5 West City Hall) Zoning Board of Appeals 7:00 PM (3) MONDAY 2/27/2012 TUESDAY 2/28/2012 WEDNESDAY 2/29/2012 THURSDAY 3/01/2012 Finance Mtg. 6:00 PM (1) Committee of the Whole 6:30 (1) Common Council Meeting 7:00 PM (3) Little Muskego Lake Protection & Rehabilitation 7:00 PM (1) City Hall Meeting Rooms First Floor: (1) Aldermen’s Room, (2) Muckey Room Lower Level: (3) Muskego Room, (4) Durham Hill Room, (5-East) Mill Valley room, (5-west) Luther Parker Room, (6) Lions Dens - Muskego Library Rooms (1), (2), (3), (4), (5) & (6) - Police Department-Conference Room (6) Council Meetings are televised on Cable TV Channel 25 on the 2 nd & 4th Tuesdays of the month - 7:30 P.M.; Plan Commissions are televised on the first and third Tuesdays of the month at 7:00 P.M. - Call City Hall (679-4100) after 4:30 P.M. to confirm meeting. Please Note: 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, contact the Muskego City Hall, 262 -679-4100. All city meeting agendas are listed on the City’s website – www.ci.muskego.wi.us.