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COMMON COUNCIL Agenda 20120228CITY OF MUSKEGO *AMENDED COMMON COUNCIL AGENDA DATE: February 28, 2012 TIME: 7:00 p.m. COMMON COUNCIL MEETING LOCATION: Muskego City Hall W182 S8200 Racine Avenue, Muskego, Wisconsin CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE COMMUNICATIONS FROM THE MAYOR’S OFFICE PUBLIC COMMENT City Residents and Taxpayers Only – Speakers will be limited to making comments related to all agenda items excluding closed session items relating to employment and labor issues. Comments will be limited to two minutes per speaker per agenda item. There will be no discussion by/with the Common Council during Public Comment. UNFINISHED BUSINESS Reso. #013-2012 Direct Legislation Petition Dated January 30, 2012 Regarding Acquisition of Property on Little Muskego Lake, deferred 2/22/2012 NEW BUSINESS *Reso. #014-2012 Resolution to Delay Action Regarding Resolution #003-2012 Regarding an Advisory Referendum Reso. #015-2012 Resolution to Terminate Action Approved by Resolutions #142-2011 and #003-2012 *Reso. #018-2012 Resolution to Delay Action Regarding Resolution #003-2012 and Formation of a Citizens Committee UNFINISHED BUSINESS Reso. #178-2011 Approval of Agreement for Ambulance Services for 2012. On the floor, deferred 12/13/2011 Ord. #1348 An Ordinance to Amend Chapter Chapter 9, Section 9.14(3), of the Municipal Code of the City of Muskego (Open Fires Restricted). On the floor, deferred 1/10/2012 Ord. #1356 An Ordinance to Amend Chapter 28, Section 28.04(7), of the Municipal Code of the City of Muskego (Purity of Supply Not to be Impaired by Cross Connections). Second Reading. Ord. #1357 An Ordinance to Amend Chapter 26, Section 26.02 (1)(m), of the Municipal Code of the City of Muskego (Hunting and Firearms). 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 Common Council Agenda 2 February 28, 2012 Approval of Common Council Minutes - February 14, 2012 Reso. #016-2012 Relocation Order of the City of Muskego, Waukesha County, Wisconsin (Tess Corners Drive Reconstruction) Reso. #017-2012 Approval of Contract for Professional “Real Estate” Services between Single Source, Inc. and the City of Muskego for Tess Corners Drive Right-of-Way Acquisition REVIEW OF COMMITTEE REPORTS Finance Committee - January 24, 2012 Parks & Recreation Board - January 9, 2012 Public Safety Committee - December 7, 2011 and January 4, 2012 Public Works Committee - January 30, 2012 LICENSES Approval of “Class A” Retailers’ License for the Sale of Fermented Malt Beverages and Intoxicating Liquor - S.S. World of Groups, LLC (d/b/a World Mart) Sawan Tiwari Agent, S66 W14501 Janesville Road Approval of Temporary License to Sell Wine for the Friends of the Muskego Public Library for May 19, 2012 VOUCHER APPROVAL Approval of General Vouchers Approval of Tax Checks Approval of Utility Vouchers Approval of Wire Transfers CITY OFFICIALS’ REPORTS Review March 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. COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION # 014-2012 RESOLUTION TO DELAY ACTION REGARDING RESOLUTION #003-2012 REGARDING AN ADVISORY REFERENDUM WHEREAS, On January 24, 2012, the Common Council adopted Resolution #003-2012 entitled “Offer to Purchase - Lake Properties”; and WHEREAS, Since adoption of the resolution circumstances have changed. A petition for direct legislation, although not regarding a proper subject matter for direct legislation, has been received and there is as well a public interest for additional information regarding the proposed purchase and park development; and WHEREAS, Due to these circumstances, action regarding Resolution #003-2012 should be delayed at this time until an advisory referendum is held in November of 2012. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby delay action regarding Resolution #003-2012 until after an advisory referendum is held in November of 2012. BE IT FURTHER RESOLVED that holding a Referendum is contingent upon the property owners’ willingness to keep the sale of the property off the market until such time that the referendum election can be held. DATED THIS __ ____ day of ________________, 2012. SPONSORED BY: Mayor Kathy Chiaverotti This is to certify that this is a true and accurate copy of Resolution # 014-2012 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION # 015-2012 RESOLUTION TO TERMINATE ACTION APPROVED BY RESOLUTIONS #142-2011 AND #003-2012 WHEREAS, On September 27, 2011, the Common Council adopted Resolution #142 - 2011, entitled “Resolution of Necessity (Dilworth,Cherek, Gardetto)” and WHEREAS, On January 24, 2012, the Common Council adopted Resolution #003-2012 entitled “Offer to Purchase - Lake Properties”; and WHEREAS, Since adoption of the resolutions, a petition for direct legislation has been received as well as substantial public input regarding the proposed purchase; and WHEREAS, Due to these circumstances the Common Council of the City of Muskego has determined that no further action should be taken regarding Resolutions #142 -2011 and #003-2012. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby terminate the action approved by Resolution #142-2011 and Resolution #003-2012. DATED THIS _______ DAY OF ________________, 2012. SPONSORED BY: Mayor Kathy Chiaverotti This is to certify that this is a true and accurate copy of Resolution # 015-2012 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION # 018-2012 RESOLUTION TO DELAY ACTION REGARDING RESOLUTION #003-2012 AND FORMATION OF A CITIZENS COMMITTEE WHEREAS, On January 24, 2012, the Common Council adopted Resolution #003 -2012 entitled “Offer to Purchase - Lake Properties”; and WHEREAS, Since adoption of the resolution circumstances have changed. A petition for direct legislation, although not a proper subject matter for direct legislation, has been received and there is as well a public interest for additional information regarding the proposed purchase and park development; and WHEREAS, Due to these circumstances, action regarding Resolution #003 -2012 should be delayed at this time until September 30, 2012 allowing the formation of a citizen committee to involve the public in creating a development plan with associated costs followed by public informational meetings. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Muskego does hereby delay action regarding Resolution #003 -2012 until September 30, 2012 and authorizes up to $40,000 for consulting and other related costs for a development plan. BE IT FURTHER RESOLVED that the action of delay is contingent upon the property owners’ willingness to keep the sale of the property of f the market until such time. DATED THIS __ ____ day of ________________, 2012. SPONSORED BY: Mayor Kathy Chiaverotti This is to certify that this is a true and accurate copy of Resolution # 01 8-2012 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1348 AN ORDINANCE TO AMEND CHAPTER 9 SECTION 9.14 (3) OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Open Fires Restricted) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 9, Section 9.14 (3), of the Municipal Code of the City of Muskego is hereby amended to read as follows: 9.14 OPEN FIRES RESTRICTED (3) Outdoor burning regulated except as prohibited by Sections (1) and (2): Outdoor burning within the City shall be allowed as follows: (a) The burning of dry brush, dry leaves, dry plant clippings, dry limbs, dry branches, dry logs or “bon” fires containing similar materials is allowed subject to the following regulations: (1) Wind velocity shall not be more than 15 miles per hour as recorded by the U.S. Weather Bureau, Milwaukee, Wisconsin. (2) Wind direction at time of fire shall be away from buildings, or other combustible materials and structures and shall not carry smoke or soot into any adjoining buildings, onto laundry hanging outdoors, or be the source of annoyance by reason of smoke, fumes, or odors to persons or property. (3) The perimeter of an area of a grass or brush fire must be at least 30 50 feet from any building, utility pole, overhead wires, or any other combustible material. (4) Sufficient firefighting implements and personnel shall be available at the scene while burning is in progress to control the fire. (b) Buildings or other fires set for practice and instruction of firemen, or testin g of fire-fighting equipment shall be under the supervision of the Fire Department. (c) Small outdoor fires for cooking, ceremonies, or recreational campfires shall be allowed. This shall include portable fire pits, which are certified by a nationally recognized testing organization. (1) The size of material burned shall not exceed 4 feet x 4 feet x 3 feet high. (2) Shall not be located within 25 feet of a structure or combustible material. (d) For other than one and two family dwellings, no hibachi, grill, or other similar devices used for cooking, heating, or any other purpose shall be used or kindled on any balcony, under any overhanging portion, or within 10 feet of any structure. Ord. #1348 Page 2 (e) Small open flames for welding, acetylene torches, safety flares, heating tar, or similar application shall be allowed. 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: 12/13/2011 Deferred: 1/10/2012 _________________________ Clerk-Treasurer 12/11jmb Notice of Newly Enacted Ordinance Published: COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1356 AN ORDINANCE TO AMEND CHAPTER 28, SECTION 28.04 (17), OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Purity of Supply Not To Be Impaired By Cross Connections) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 28, Section 28.04 (17), of the Municipal Code of the City of Muskego is hereby amended to read as follows: (17) PURITY OF SUPPLY NOT TO BE IMPAIRED BY CROSS CONNECTIONS (a) DEFINITION OF CROSS CONNECTION. A cross connection is defined as any physical connection or arrangement between two otherwise separate systems, one of which contains potable water from the City of Muskego’s public water system, and the other of which contains water from a private source, water of unknown or questionable safety, or steam, gases, or chemicals, whereby there may be a flow from one system to the other, with the direction of flow depending on the pressure differential between the two systems. (b) UNPROTECTED CROSS CONNECTIONS PROHIBITED. No person, firm, or corporation may establish or maintain, or permit to be established or maintained, any unprotected cross connection. Cross connections shall be protected as required in chapters NR810 and COMM 82, Wisconsin Administrative Code. (c) INSPECTION. The water utility may inspect, or arrange for an inspection of, property served by the public water system for cross connections. At its sole discretion, the water utility may require a person, firm, or corporation who owns, leases, or occupies property to have their plumbing inspected, at their own expense by a State of Wisconsin Certified Cross Connection Inspector. The frequency of inspections shall be established by the water utility in accordance with Wisconsin Administrative Code. Any unprotected cross connections identified by the inspection shall be promptly corrected. Failure to promptly correct an unprotected cross connection shall be sufficient cause for the water utility to discontinue water service to the property, as provided under 28.04(17)(f) of this ordinance. (d) RIGHT OF ENTRY. Upon presentation of credentials, a representative of the water utility shall have the right to request entry, at any reasonable time, to a property served by a connection to the public water system for the purpose of inspecting the property for cross connections. Refusing entry to such utility representative shall be sufficient cause for the water utility to discontinue water service to the property, as provided under 28.04(17)(f) of this ordinance. If entry is refused, a special inspection warrant under Section 66.0119 of the Wisconsin Statutes, may be obtained. (e) PROVISION OF REQUESTED INFORMATION. The water utility may request an owner, lessee, or occupant of property served by a connection to the public water system to furnish the water utility with pertinent information regarding the piping systems on the property. Refusing to provide requested information shall be sufficient cause for the water Ord. #1356 Page 2 utility to discontinue water service to the property, as provided under 28.04(17)(f) of this ordinance. (f) DISCONTINUATION OF WATER FOR VIOLATION. The water utility may discontinue water service to any property wherein any unprotected connection in violation of this ordinance exists, and take other precautionary measures deemed necessary to eliminate any danger of contamination of the public water system. Water service may be discontinued, however, only after reasonable notice and opportunity for hearing under Chapter 68, W isconsin Statutes, except as provided in 28.04(17)(g) of this ordinance. Water service to such property shall not be restored until the unprotected cross connection has been eliminated. (g) EMERGENCY DISCONTINUANCE. If it is determined by the water utility that an unprotected cross connection or emergency endangers public health, safety, or welfare, and requires immediate action, and if a written finding to that effect is filed with the City Clerk and delivered to the customer's premises, water service may be immediately discontinued. The customer shall have an opportunity for hearing under Chapter 68, Wisconsin Statutes, within 10 days of such emergency discontinuance. Water service to such property shall not be restored until the unprotected cross connection has been eliminated 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: 02/14/2012 _________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: ____________________ COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1357 AN ORDINANCE TO AMEND CHAPTER 26 SECTION 26.02 (1) (m) OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Hunting and Firearms) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 26, Section 26.02 (1) (m), of the Municipal Code of the City of Muskego is hereby amended to read as follows: 26.02 RULES AND REGULATIONS (m) Hunting and Firearms - It shall be unlawful in any park to hunt, trap or pursue wildlife at any time. No person shall use, carry or possess firearms of any description or airrifles, spring -guns, bow and arrows, slings, or any other forms of weapons potentially inimical to wildlife and dangerous to human safety, or any instruments that can be loaded with the fire blank cartridges, or any kind of trapping device. Shooting into park areas from beyond park boundaries is prohibited. This code section shall not supersede concealed carry law as provided in 2011 Wisconsin Act 35. Hunting and trapping shall be allowed on certain city-owned lands in accordance with Wisconsin Department of Natural Resources regulations and City policies where approved separately by Common Council Resolution. 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: 02/14/2012 _________________________ Clerk-Treasurer 02/12 Notice of Newly Enacted Ordinance Published: OPERATOR LICENSE APPROVALS COMMON COUNCIL – 02/28/2012 Jessica Schutz Robert Sheridan S/CityHall/Licenses/Oper Lic Approval Lists/2012.doc COMMON COUNCIL - CITY OF MUSKEGO Unapproved MINUTES OF MEETING HELD FEBRUARY 14, 2012 Mayor Chiaverotti called the meeting to order at 7:02 p.m. at the Lake Denoon Middle School, W216 S10586 Crowbar Drive. Present were Ald. Fiedler, Schaumberg, Soltysiak, W erner, Borgman, Harenda and Snead, Director of Finance and Administration Mueller, City Attorney Larson and Deputy Clerk Blenski. The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law. COMMUNICATIONS FROM THE MAYOR’S OFFICE Reso. #008-2012 - Honoring Eagle Scout - Aleks Vilumsons. Ald. Borgman moved for adoption. Ald. Soltysiak seconded; motion carried. Mayor Chiaverotti presented the resolution to Aleks who gave a brief description of his Eagle Scout service project, which involved improvements to the Old Town Hall. Those present recited the Pledge of Allegiance. Mayor Chiaverotti stated she placed reconsideration of Reso. #003-2012 on the agenda. This is the only meeting the resolution could be reconsidered. PUBLIC COMMENT Mayor Chiaverotti read the protocol for public comment period. The following registered to speak regarding Reso. #003-2012: Don Zoellner Michael Pierski Brett Hyde Henry Plum Kirk Blomdahl Robert Hoffman Robert Prah Suzi Link Linda Stettler Marge Backhaus Debra Bolton James Valentine Gerald Le Claire Scott Weiss Ken Fries Tina Weiss Thomas Ralston Robert Lucas Georgia Hainer Heidi Lindhorst Lorie Oliver Marge Ingold William Schneider Rob Glazier Lloyd Hawes David Taube Robert Gelhaus Charmain Klyve The following registered to speak regarding Reso. #004-2012: Charmain Klyve Henry Plum Heidi Lindhorst David Taube The Mayor thanked all those that spoke during the public comment period. Common Council Minutes 2 February 14, 2012 NEW BUSINESS No motion was made to reconsider Reso. #003-2012. Ald. Snead requested that Communications and Miscellaneous Business be moved to this point in the meeting. There were no objections. COMMUNICATIONS AND MISCELLANEOUS BUSINESS Ald. Snead proposed putting a committee of all the stakeholders together to do a cost/design analysis. This would potentially provide the information that the public is requesting. Ald. Werner agreed. He would also like funds to be allocated to pay for a study and a consultant. For further discussion regarding this, the items will have to be placed on a future agenda. UNFINISHED BUSINESS Reso. #004-2012 - Resolution to Amend the Procedure Regarding Public Comment During Common Council Meetings. The resolution is on the floor, as amended and deferred. The Deputy Clerk read the amendment that is on the floor, which was made by Ald. Soltysiak and seconded by Ald. Borgman: To amend Item No. 3 to read, “The speakers will be limited to commenting on any agenda item” as well as the supporting documentation. The Mayor stated that she requested the deferral to give her an opportunity to talk to the City’s labor attorney. The attorney’s response was that there could be a situation regarding a closed session item that related to an employee. He acknowledged that this would be rare, but allowing public comment could create an uncomfortable situation. Ald. Fiedler moved to amend to exclude closed session agenda items relating to employment and labor issues. Ald. Harenda seconded. Ald. Snead does not believe that public comment should be allowed for any closed session item. People often do not have enough information to give public comment. Closed session items typically become public at a future meeting. Motion carried 7 in favor. A vote was taken on the following amendment to Item No. 3, “The speakers will be limited to commenting on any agenda item with the exception of closed session agenda items relating to employment and labor issues.” Motion carried 7 in favor. Ald. Fiedler moved to amend Item No. 3 to read, “Speakers will be limited to making comments related to all agenda items excluding closed session items relating to employment and labor issues. Ald. Schaumberg seconded. Motion carried 7 in favor. Mayor Chiaverotti expressed concern about the removal of the 30-minute time limit. She believes there should be some time limit. Ald. Snead agreed and moved to amend Item No. 2 to place a one hour time limit on the Public Comment portion of the meeting. Ald. Werner seconded. Ald. Snead noted that the time limit could be waived if necessary. Motion failed 5 opposed and 2 in favor with Ald. Fiedler, Schaumberg, Soltysiak, Borgman and Harenda voting no and Ald. Werner and Snead voting yes. Common Council Minutes 3 February 14, 2012 Ald. Fiedler moved to amend the “Public Comment Registration Form” to read, “Public Comment will be limited to two minutes per person.” Ald. Snead seconded. Motion carried 6 in favor and Ald. Soltysiak voting no. Ald. Fiedler moved to amend the “Public Comment Registration Form” to read, “Public Comment will be limited to two minutes per person per agenda item.” Ald. Soltysiak seconded. Motion carried 7 in favor. Ald. Soltysiak moved to amend the second sentence of Item No. 2 of the resolution to read, “Each speaker will be limited to a maximum of two minutes per person per agenda item.” Ald. Fiedler seconded. Motion carried 7 in favor. Ald. Werner moved to adopt the resolution as amended. Ald. Snead seconded. Motion carried 7 in favor. CONSENT AGENDA Ald. Werner moved to approve the items under the Consent Agenda. Ald. Borgman seconded. Ald. Harenda requested that Reso. #009-2012 be removed from Consent. By unanimous consent, Reso. #009-2012 was removed. Motion to approve all the other items under Consent Agenda carried 7 in favor. The following items were approved: Approval of Operator’s Licenses for Terry Carow, Sherry Degodt, Nancy Emanuele, Donald Feurt, Yvonne French, Patti Groh, Jessica Klosowski, Jason Marinello, Emily Ragoschke, Denise Rupcic, Sarah Temple and Tony Wiedenfeld. Common Council Minutes - January 24, 2012 Reso. #010-2012 - Approval of Agreement for Access and Ground Water Monitoring between the City of Muskego and the Muskego Site Consent Decree Implementation Group Reso. #011-2012 - Appointment of Citizen Member to the Library Board (Chris Buckmaster) Reso. #012-2012 - A Resolution Allowing the Claim of Kohl’s Department Stores, Inc. Pursuant to Wisconsin Statute §74.37 Concerning Property Known as Tax Key No. MSKC 2167.995.008 NEW BUSINESS Reso. #009-2012 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under §66.0703 WI Statutes as to the Pioneer Drive Water Main Extension Project. Ald. Snead moved for adoption. Ald. Fiedler seconded. Ald. Harenda questioned why a preliminary resolution was being done at this time. Ald. Fiedler responded that the preliminary resolution must be adopted to begin the assessment process. A public hearing will be held. Motion carried 7 in favor. REVIEW OF COMMITTEE REPORTS The following minutes were reviewed: 1/10/2012 Finance Committee, 12/20/2011 Community Development Authority, 11/21/2011 Public Works Committee, 11/30/2011 Mayor’s Task Force on Communication. Common Council Minutes 4 February 14, 2012 FIRST READING OF ORDINANCES Ord. #1356 - An Ordinance to Amend Chapter 28, Section 28.04 (7), of the Municipal Code of the City of Muskego (Purity of Supply Not to be Impaired by Cross Connections). Ord. #1357 - An Ordinance to Amend Chapter 26, Section 26.02 (1)(m),of the Municipal Code of the City of Muskego (Hunting and Firearms). VOUCHER APPROVAL Ald. Schaumberg moved for approval of payment of Utility Vouchers in the amount of $128,338.81. Ald. Fiedler seconded. Motion carried 7 in favor. Ald. Schaumberg moved for approval of payment of Tax Vouchers in the a mount of $22,189.96. Ald. Fiedler seconded. Motion carried 7 in favor. Ald. Schaumberg moved for approval of payment of General Vouchers in the amount of $803,455.33. Ald. Fiedler seconded. Motion carried 7 in favor. CLOSED SESSIONS Ald. Fiedler moved to convene into closed session pursuant to Wis. Stats. Section §19.85(1)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibilit y, more specifically personnel matter. Ald. Soltysiak seconded. Motion carried 7 in favor. The Deputy Clerk was dismissed. . OPEN SESSION Ald. Fiedler moved to reconvene into open session. Ald. Harenda seconded; motion carried. ADJOURNMENT Ald. Snead moved to adjourn at 9:12 p.m. Ald. Fiedler seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk CITY OF MUSKEGO Approved 2/14/2012 FINANCE COMMITTEE MINUTES Tuesday, January 24, 2012 Muskego City Hall Mayor Chiaverotti called the meeting to order at 6:30 p.m. at Muskego Lakes Country Club. Present: Committee Members Ald. Schaumberg, Werner and Fiedler, Parks & Recreation Director Anderson and Deputy Clerk Blenski, Ald. Snead, Harenda and Borgman. Those present recited the Pledge of Allegiance. The Deputy Clerk stated that the meeting was noticed in accordance with the Open Meeting Law. APPROVAL OF MINUTES Ald. Schaumberg moved for approval of the minutes of January 10, 2012. Ald. Werner seconded; motion carried. LICENSE APPROVALS Operators Ald. Werner moved to recommend approval of an Operator’s License for Jeffrey Dlouhy, Mary Hinkley, Keith Kaminski, Bryan LaFave, Ashish Patel and Roxann Yaeger subject to the licensing requirements being completed prior to issuance. Ald. Fiedler seconded; motion carried. Review Application for Operator’s License - Pappas Mayor Chiaverotti stated that an application for an Operator’s License was submitted by Eric Pappas. Chief Geiszler expressed concern about the applicant’s past record. Mr. Pappas was requested to attend tonight’s meeting, but is unable to do so because he has class on Tuesday evening. The Mayor interviewed the applicant and recommended that the committee consider granting a license to Mr. Pappas potentially with a probation period. Ald. Fiedler moved to recommend approval of an Operator’s License for Eric Pappas with a six-month review. Ald. Schaumberg seconded; motion carried. NEW BUSINESS Recommendation Regarding Lease Agreement with Little Muskego Lake Protection and Rehabilitation District Mr. Anderson was present and stated this is the annual lease that is typically done with the Lake District. There is one added condition (No. 4) that states the Lake District would be responsible for installing a barrier at the curve in the entrance road to the weed tipping area to prevent vehicles from accessing park grass areas. Mr. Anderson stated that the Lake District has agreed to the additional condition. Ald. Fiedler moved to recommend approval. Ald. Schaumberg seconded; motion carried. Recommendation Regarding Lease Agreement with Karl Thiesenhusen for Park Arthur - Northwest Section Mr. Anderson noted that this is the annual lease that has been done with Mr. Thiesenhusen in the past. The only change to the agreement is that a Special Condition was added that states a possible equestrian/pedestrian trail may be created Finance Committee Meeting Page 2 January 24, 2012 by the Parks & Recreation Board. The lessee will have to work with the City and leave the established trails as is, once developed. Ald. Fiedler moved to recommend approval. Ald. Werner seconded; motion carried. Recommendation Regarding Lease Agreement with Eddie Schaefer for Park Arthur - South Section Mr. Anderson stated this is another annual agreement. Mr. Schaefer farms an area just under two acres. There are no proposed changes to the agreement. Ald. Werner moved to recommend approval. Ald. Fiedler seconded; motion carried. VOUCHER APPROVAL Ald. Schaumberg moved to recommend approval of Utility Vouchers in the amount $358,997.25. Ald. Fiedler seconded; motion carried. Ald. Schaumberg moved to recommend approval of Tax Vouchers in the amount of $109,576.40. Ald. Fiedler seconded; motion carried. Ald. Schaumberg moved to recommend approval of General Vouchers in the amount $442,105.06. Ald. Fiedler seconded; motion carried. ADJOURNMENT Ald. Fiedler moved to adjourn the meeting at 6:40 p.m. Ald. Schaumberg seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk. City of Muskego PARKS & RECREATION BOARD Monday, January 9, 2012 Approved 2/13/12 Board President Whipple called the monthly meeting of the Parks and Recreation Board (Board), City of Muskego, to order at 5:30 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, January 5, 2012. Present: Mr. Gary Boisits. Ald. Kert Harenda, Mr. Jerald Hulbert, Mr. “Butch” LeDoux, Mr. Toby Whipple and Director Anderson Not Present: Mrs. Koble (excused), Mr. Hyde (excused) GUEST: Ald. Borgman, Ken Fries, Denise Konkol of MUSKEGO PATCH, Larry Lefebvre, Ald. Soltysiak APPROVAL OF MINUTES: November 14 Minutes Mr. Hulbert moved to approve the minutes of the November 14, 2011 meeting, seconded by Mr. Boisits. Upon a voice vote, the motion carried. COMMUNICATIONS: VFW Post 8171 Request for Waiver of Fees Board members were in receipt of the annual request from VFW Post 8171 to waive the usage fees for their rental of Veterans Memorial Park on July 8, 2012. Mr. Hulbert moved to approve the request, seconded by Mr. Boisits. Upon a voice vote, the motion carried unanimously. NEW BUSINESS: 2012-2016 Parks & Open Space Plan Previous to the meeting, the Board members were requested to review chapters of the Parks & Open Space Plan and submit their comments. Director Anderson advised there are four sections of the plan that apply to the Board; Chapter 3 which is the trail inventory. The Board had previously approved the map. There were some additions to it. Ald. Soltysiak had brought up a section west of Racine Avenue on Janesville and then also a linkage to the Borst property/Field Drive. Director Anderson had spoken to Tom Zagar to note that a trail would go there so there would be access from Racine Avenue to the Borst property on road or off road. These scenarios would be included in the trail inventory. He asked for comments. Mr. LeDoux asked for clarification on the page relative to what people can do in the parks. In regard to Park Arthur, it mentioned natural conservation area and a pond? Director Anderson stated the pond referred to the retention pond. Mr. LeDoux further noticed that the horseback riding was not checked off. Director Anderson explained that as amenities become available, then they are checked. Chapter 5 is the parks land needs assessment. Sections were added on goals and objectives. A running list would be kept in the plan. As they were accomplished or removed by the Board, they Minutes, Parks & Recreation Board, January 9, 2012, page 2 would be taken off. They set up the plan for the next chapter. Chapter 6 is the recommended park plan. One thing is looking at the recreational facilities for the recreation programs; Horn, Jensen and the Old Town Hall. During the last budget, a facilities plan was approved for the city. He had asked the Mayor to include looking at the operational life of the current buildings. He believed that some of the buildings have gone past their operational life and there is going to have to be an investment made in some of the facilities whether or not it is where they currently are or newer facilities and including it in the city’s plan. Mr. Hulbert commented that the Jensen facility had been addressed many times in the past, but never completely. Director Anderson stated the recommended park plan takes those recommendations in the long list and includes them underneath each park. Chapter 8 which is the individual trail recommendations. a color coded map for when trails would be coming before Council for approval. There were a number of trails that moved up on the list of things to do this year. He would like to add a design phase and a build phase so it’s not all done within one year. A plan would then go in to play where the public can view it, Parks & Recreation Board and Council can view it. This would make it easier for planning and for budgeting. The next step is for the Conservation Committee to go over the plan for their updates. The maps will be done to complement the narrative. Then the plan will be going on to Common Council and the public hearing. Mr. LeDoux moved to approve the Board’s modifications to the Parks and Open Space Plan for 2012 -2016. Ald. Harenda seconded. Upon a voice vote, the motion carried unanimously. 2012 Park Arthur Farm Lease--Thiesenhusen Director Anderson advised the Board that Mr. Thiesenhusen is interested in leasing the west section of Park Arthur again for 2012. He mentioned the one caveat in this lease is #5 that possible equestrian trails may be created by the owner. The lessee will work with the owner to leave established trails as is, once developed. Mr. Thiesenhusen is fine with it. Mr. Thiesenhusen asked if he would be able to plant corn and Director Anderson informed him that for 2012, it would be just for hay and if he wanted to do corn, he could come back to the Parks and Recreation Board for 2013. Ald. Harenda moved to approve the lease for 2012. Mr. Hulbert seconded. Upon a voice vote, the motion carried unanimously. 2012 Park Arthur Farm Lease--Schaefer Director Anderson stated that Mr. Schaefer is again interested in leasing the western side of Park Arthur even though it is a small area. Ald. Harenda moved to approve the lease. Mr. Hulbert seconded. Upon a voice vote, the motion carried unanimously. 2012 Parking Agreement with Horn Brothers Director Anderson reviewed briefly the history behind the agreement with Horn Brothers for using the parks lot for parking. The parameters for the agreement have not changed: Parked vehicles cannot interfere with the Parks Department operations. If this short-term parking area is needed for future city use, this agreement will be terminated. The city will not be held liable for any damage to the parked vehicles. Short-term parking for business customers shall be on the street and not in the designated parking. Parked vehicles must fit in the designated parking area. Employee parking in this designated area is for work shift parking only. No overnight parking is allowed. Mr. LeDoux moved to approve the agreement. Mr. Boisits seconded. Upon a voice vote, the motion carried with Mr. Hulbert abstaining. Minutes, Parks & Recreation Board, January 9, 2012, page 3 2012 Little Muskego Lake District Weed Tipping Agreement Director Anderson shared that this is an annual agreement. It started as two acres and now has gone down to one acre. The one stipulation that he added to the agreement is that some type of barrier needs to be at the curve so as they enter to go to the right into the weed tipping area to keep people from driving straight through the grass and into the park where they can do damage at night. Mr. Lefebvre was okay with the stipulation. They will be using it after hours and some weekends. They are using it less and less. They only expect to dump up to 20 truckloads and as they approach that, they will remove the weeds to the quarry and spread the balance. Ald. Harenda inquired if they had any complaints on odor to which Mr. Lefebvre replied they had only one call last summer and Ald. Borgman said he did not receive any complaints. Mr. Hulbert moved to approve the agreement. Ald. Harenda seconded. Upon a voice vote, the motion carried unanimously. UNFINISHED BUSINESS: None ALDERMAN’S REPORT: Lake Park Update Ald. Harenda presented an update on the lake park issue. He wanted to make sure the Board was aware that the city is relying on the Board to have an understanding that they can handle another park, considering maintenance fees and development and improvement fees. He stated the city is wor king on the purchase price now which is one piece; the other piece is maintenance and the improvement piece. He has had discussion with Director Anderson on maintenance issues and improvements. He did note that maintenance would be a continued item and wanted to talk about the cost associated with it. In comparing the lake park with Idle Isle Park maintenance figures as supplied by Director Anderson, he figured the cost would be roughly $60,000. He asked if they could hold a public hearing. Board President Whipple replied that until they have the property, it would be premature to hold a public hearing. Mr. Boisits, referred to Park Arthur, and asked how the Board addressed the issues regarding Park Arthur; was there a budget hearing before the purchase, or anything like that? It seems premature to discuss when you don’t know what is going on. If you’re talking just grass, it is probably less of an expense than Park Arthur. Director Anderson stated that Muskego has been very frugal in developing parks and has not used tax dollars. They have relied on park dedication fees an d landfill fees. The Board spreads their money out in order to get parks developed. If Council is looking for the Parks and Recreation Board to develop the park, it is going to be awhile. It would be an inventory of lan d like some of the other parks and would sit there idle. Once money is set aside or saved, then development for the park would occur. Until the Board knows what is going to be there, Mr. Hulbert did not see how they could put any numbers on it. He could not see development happening until they had money in place. Mr. LeDoux questioned if the Council purchases the park, are they going to design it and the Board maintain it, or is the Board going to look at its best uses for the acreage? Ald. Harenda’s perception was that the Parks and Recreation Board would take the lead on the park. STATUS OF PROJECTS: Park Arthur Director Anderson reported as a result of the Durham Road reconstruction project, Park Arthur inherited the three trees not needed by the project. The park is now closed up for the winter. He had no update on the cost- sharing for the ball fields. He has contacted some of the leagues and he thinks they are still interested; however, believed they are being cautious. He felt they would come forward when they are ready. Mr. Hulbert asked how that affected the time frame in getting the fields developed. Director Anderson stated that the cost- sharing would need to be in place before development of the fields. DIRECTOR’S REPORT: Director Anderson provided the Board with a report on the following: Minutes, Parks & Recreation Board, January 9, 2012, page 4 Recreation Department staff is working on registration, etc. Truck Sale Completed The sale of the 1985 GMC is completed. It was sold for $1211.11. Woods Road Recreation Trail The department is on target for the trail development. The f irst information hearing is scheduled for January 23 starting at 5:00 p.m. There is a meeting schedule with the DNR next week regarding wetland impacts. Also, another meeting scheduled with Graef. Several letters were sent to the public. He believed it w as very well received as the department did not receive a lot of complaint calls. ANNOUNCEMENTS AND OTHER BUSINESS: Mr. Hulbert requested that the road end at the end of Park Drive be placed on a future agenda. He had heard from a concerned resident that the access would go away due to the Janesville Road reconstruction. Director Anderson will check with the city engineer. Ald. Harenda asked about the time frame for DNR grants regarding the lake park. Director Anderson stated a letter of retroactivity has been submitted. If the land is purchased now, they can apply for grant money. Director Anderson advised that the city’s agreement with the Muskego Historical Society will expire at the end of 2012. He asked that the item be removed from Tuesday’s Coun cil agenda. This would give the historical society time to review it and then to the Parks & Recreation Board for their review. The changes on the electrical charges, etc. will be in that document. Once both committees have reviewed it and made their recommended changes, it can go to Finance and Council for their action. ADJOURNMENT - There being no further business, Mr. Hulbert moved for adjournment at 6:11 p.m. Seconded by Mr. Boisits. 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 CITY OF MUSKEGO Public Safety Committee Minutes Approved LOCATION: Muskego City Hall W182 S8200 Racine Avenue CALL TO ORDER & ADJOURNMENT DATE: Wednesday, December 7, 2011 TIME: 6:00PM PLEDGE OF ALLEGIANCE The meeting was called to order at 6:00PM, followed by the Pledge of Allegiance. ROLL CALL Present were Aldermen Tracy Snead, Neil Borgman and Kert Harenda, Philip Kiedrowski and James Mayer. Also present were Police Chief Paul Geiszler, T.C.F.D. Chief Wojnowski. Also present were County Supervisor Daniel Draeger, Alderman Dan Soltysiak and Tom Zagar. STATEMENT OF PUBLIC NOTICE The meeting was properly posted publicly for viewing on Monday, December 5, 2011. Public Appearance Richard Tuma ~ Waukesha County Communications and County Supervisor Daniel Draeger. APPROVAL OF MINUTES Alderman Borgman made a motion to approve the November 2, 2011 minutes. Jim Mayer seconded and the motion carried unanimously. Updates from Police Department Chief Geiszler reported nothing significant to report. Updates from Fire Department Fire Chief Wojnowski reported nothing significant to report, however he questioned what happens to houses that are foreclosed upon and are boarded up and left abandoned. Chief Wojnowski is concerned these houses are prime locations for someone to start a fire. The committee advised he needed to contact the Building/Zoning Department to have that department monitor and enforce the zoning requirements on such properties. OLD BUSINESS 2 1. Update on Fire/Rescue Contracts – Alderman Snead brought to the committee a few minor changes to the wording of the rescue contract in section 7. She also advised that once again next year work on the contracts needs to start in June so they are complete for Common Council and done for the budget proc ess. The Alderman were advised that if they had any other issues they needed to be reported to Alderman Snead by Monday, 12/12/11, so she could get it to Common Council for 12/13/11. 2. Waterbugs Ramp Findings from Park and Recreation Department. Tom Zagar, who is the city’s Conservation/Urban Forester, appeared to answer any questions the committee may have. Zagar advised that in his best opinion moving the ramp to Holz Island, which is designated a sensitive area and environmental corridor would cause problems for conservation of the lake. Alderman Snead advised that the person requesting the ramp be moved has moved off of the lake. Alderman Harenda believed that no matter where the ramp is on the lake, someone will complain. The committee agreed to hold off on any decisions to move the ramp until the issue is brought up again or another complaint is made . NEW BUSINESS 1. Quietwood Subdivision Traffic Calming Device (Alderman Harenda) - Paul Greene a resident of the Quietwood Subdivision appeared on the subdivision’s behalf. Greene advised the residents in the subdivision are willing to donate money to install some type of traffic calming device to slow vehicles down when the drive through the subdivision. Greene advised the residents are mainly concerned that the subdivision will be used as thoroughfare when Janesville Road is under construction. Alderman Snead questioned Chief Geiszler if the police department found any problems in the subdivision when monitoring the traffic. Chief Geiszler advised there were no significant problems. Jim Mayer asked Chief Geiszler if one of the city’s speed sign could be erected in the subdivision on a trial basis to see if he helps the problem. Alderman Borgman advised that the city has ordered four more signs an d it should not be a problem to have one place in the Quietwood Subdivision periodically. The committee agreed that it would be better for the city to place a sign in the subdivision, rather than the residents spend money on something that may not totally solve the problem. Mr. Greene believed the residents of the Quietwood Subdivision would greatly appreciate any help. Alderman Harenda advised Mr. Greene that in the future if the city’s sign is not helping the problem and the residents are not completely satisfied that the matter could be brought back to the committee. The committee and Mr. Greene agreed. 2. Snowmobile Trail – Racine Avenue (Alderman Borgman) – Alderman Borgman advised the Icetronauts withdrew their request. 3. Streetlight on Wentland Drive – Alderman Soltysiak spoke on behalf of a resident who lives at the end of Wentland Drive. The resident currently has a large spotlight on his garage that he illuminates, however, due to cost he is no longer able to continue maintaining the light. The resident is concerned that the drop off at the end of the road on Wentland Drive will be a hazard if there is not light at that end of the street. Alderman Soltysiak advised he had not been able to speak with all the residents that this light would effect and he will attempt to do that. Alderman Snead requested 3 Captain LaTour research any problems with criminal activity in the area, and recommend a sign be placed to warn of the dead end. Alderman Harenda made a motion to defer the topic until the next meeting. Jim Mayer seconded, and the motion carried unanimously. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW 1. Next Meeting – January 4, 2012 at 6:00PM. 2. Miscellaneous Business – Richard Tuma, representative from Waukesha County Communications and County Supervisor Daniel Draeger, Supervisor of the 23rd District were present for discussion on the topic. Mr. Tuma was invited to the meeting in order to discuss why the county is not releasing the towers for the City of Muskego to take cell 911 calls that originate in the City of Muskego. Mr. Tuma advised that in December of 2003 WCC was designated the cellular 911 PSAP for Waukesha County and accepted the grants from the state to give that designation to WCC. Mr. Tuma advised that if they release the towers they would be interrupting legislation that was put in place in 2003. Mr. Tuma advised that he was never actually asked by the City of Muskego to release the towers. John Wisniewski, IT Director for the City of Muskego, advised there were numerous meetings prior to the City of Muskego filing the complaint with the FCC and Mr. Tuma never cooperated. Chief Geiszler elaborated that he and the Common Council for the City of Muskego want was is in the best interest for the citizens of Muskego and a 72 second delay in transferring the call from WCC to Muskego, as it is now, is not acceptable. Mr. Tuma advised he did his own research and believed the delay to only be 43 seconds, which in that time WCC is gathering information from the caller. Waukesha County Sheriff, Dan Trawicki, appeared on behalf of Waukesha County and admitted that he is concerned that if the City of Muskego is granted authority to take direct cellular 911 calls that other larger departments will follow. He believes consolidation of services is best for the entire county, not just the residents of Muskego. Alderman Snead thanked Sheriff Trawicki for his honesty reference the consolidation worries. Mayor Kahty Chiaverotti spoke on behalf of the citizens of Muskego and advised that with all the budget constraints, shared services are a good thing. However, in this case our citizens deserve the best service, and the city feels it is doing the right thing by asking for the release of the towers. Alderman Snead asked all representatives their opinions on how to move forward on this topic, other than agree to disagree. Supervisor Draeger advised that he cannot take a stance on what is best until he knows legally what can be done. It is unclear who has the authority to release the towers to the City of Muskego. The county does not want to take away WCC’s right to continue answering the calls, since they are meeting the requirements to do so. Supervisor Drager advised perhaps Corporation Counsel could give some direction on if it is lawful for Muskego to take their own 911 cellular calls. 4 After great discussion on the the topic Alderman Harenda thanked the representatives from the county for attending the meeting. Alderman Harenda also advised them that the city wished to work with them on this topic in order to move forward. ADJOURNMENT Alderman Harenda made a motion to adjourn and Chief Wojnowski seconded. Motion carried unanimously and the meeting was adjourned at 7:55PM. CITY OF MUSKEGO Public Safety Committee Minutes Approved LOCATION: Muskego City Hall W182 S8200 Racine Avenue CALL TO ORDER DATE: Wednesday, January 4, 2012 TIME: 6:00PM PLEDGE OF ALLEGIANCE The meeting was called to order at 6:00PM, followed by the Pledge of Allegiance. ROLL CALL Present were Aldermen Tracy Snead, Neil Borgman and Kert Harenda, Philip Kiedrowski and James Mayer. Also present were Police Chief Paul Geiszler, T.C.F.D. Chief Wojnowski and Jeff Verburgt. STATEMENT OF PUBLIC NOTICE The meeting was properly posted publicly for viewing on Monday, January 2, 2012. Public Appearance APPROVAL OF MINUTES Alderman Borgman made a motion to approve the December 7, 2011 minutes. Jim Mayer seconded and there was discussion. Alderman Harenda moved to defer the approval of the minutes until next month so he can look over them and verify all the information was included. Alderman Borgman seconded and the motion carried unanimously. Updates from Police Department Chief Geiszler had nothing significant to report. Updates from Fire Department Fire Chief Wojnowski reported the department had two apartment fires within the last week; both fires were in the same apartment and same apartment complex. Both fires were apparently set by the resident. Alderman Borgman wished to congratulate the department on how they responded in full force and did such a great job. OLD BUSINESS 2 1. Update on Fire/Rescue Contracts - Alderman Snead reported the fire contract was approved by the Council, with the exception of $5000.00 for crystal reporting being removed from the contract. 2. Streetlight on W entland Drive - Alderman Soltysiak reported that he was able to speak with all the residents that this light would affect and the majority were opposed to the light. Alderman Harenda moved to deny the request for the streetlight. Jim Mayer seconded, and the motion carried unanimously. 3. Rescue Agreement/Ambulance Service Fee Increase – Alderman Snead presented the committee with comparable costs of ambulance fees in the area. The billing company, Three Rivers Billing Inc., said the 12% increase in fees puts Tess Corners in line with the comparables. Alderman Snead explained that the EMS agreement was extended until February because the fire department is looking into taking over billing and is in the early stages of learning the ins and outs of moving forward to comfortably secure the contract. Any changes that need to be made will be brought back by Jeff Verburgt from the Tess Corners Fire Department. Verburgt advised the city’s auditors need to approve some proceedings regarding what can and cannot be done. Alderman Snead asked for a motion to approve the increase for the EMS Services because it is going back to Common Council for a 2nd reading. After some discussion on why the department is looking at a 12% increase, it was explained that there has not been a rate increase since 2006 and Tess Corners is preparing for the possible upcoming changes in State Law for EMT certifications and additional fees they may incur for education. Alderman Harenda asked Jeff Verburgt to give him some documentation to substantiate the increase. Jeff Verburgt agreed that any documentation Alderman Harenda requested would be supplied. Alderman Harenda advised that he would not like to vote on this matter until he sees the documentation. Jim Mayer recommended that in the future perhaps the fire department can increase the fees by small percentages so there is not a large increase at one time. Phil Kiedrowski asked if the committee waits for this information from Jeff Verburgt if it will hold up the contract. Kiedrowski advised that he believed the comparables were reasonable and that the rate increase will not affect every citizen, only the ones using the services. He did not believe that it was unreasonable to bring our EMS fees up to speed with other municipalities and that he thought the committee should vote now. Kiedrowski made a motion to approve the EMS fee increase. Jim Mayer seconded, all were in favor except Alderman Harenda, who was opposed. NEW BUSINESS 1. No Parking with Trailer Signage on Luehring Drive – Alderman Soltysiak appeared before the committee requesting signs be posted reference vehicles parking with trailers on Luehring Drive. Alderman Soltysiak provided a photograph and map with a drawing to show the area on Luehring Drive he was referring to. He advised that he 3 spoke with the residents in the area they were in favor of the signage. Chief Geiszler had some questions on exactly what the ordinance said and what the police department could enforce with the new signs. Chief Geiszler was going to talk with Captain LaTour and would report back with his findings at the next meeting. Alderman Harenda made a motion to defer the topic to the next meeting. Alde rman Borgman seconded, and the motion carried unanimously. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW 1. Next Meeting – February 1, 2012 at 6:00PM. 2. Miscellaneous Business – Alderman Snead advised the committee that the Mayor had received correspondence back from County Supervisor Daniel Draeger reference the 911 cell transfer calls. Alderman Snead advised she was happy with his willingness to work with the city and his effort at looking what can be done to move the process along. Chief Geiszler advised that the Mayor will be contacting other mayors from municipalities with stand-alone PSAPs to get them all on board to firm up the statutory language that any PSAP should be allowed to receive their own 911 cell calls. Alderman Harenda asked Chief Geiszler about the speed sign in the Quietwood Subdivision. Chief Geiszler advised that one of the signs would be placed in the area in the near future . ADJOURNMENT Alderman Harenda made a motion to adjourn and Alderman Borgman seconded. Motion carried unanimously and the meeting was adjourned at 6:45PM. CITY OF MUSKEGO approved PUBLIC WORKS COMMITTEE MINUTES OF MEETING HELD MONDAY, JANUARY 30, 2012 Alderman Noah Fiedler called the meeting to order at 6:00 PM. Also present were Alderman Dan Soltysiak, City Engineer David Simpson and Public Utilities Superintendent Scott Kloskowski. Ald. Keith Werner and Public Works Superintendent Wayne Delikat were excused. Ald. Fiedler led those present in the Pledge of Allegiance. The meeting was noticed in accordance with the Open Meeting Law on January 26, 2012. APPROVAL OF MINUTES OF NOVEMBER 21, 2011 Ald. Soltysiak moved to approve the minutes of November 21, 2011. Seconded by Ald. Fiedler. Motion carried 2-0. STAFF REPORTS None STATUS OF PROJECTS Janesville Road Reconstruction (Moorland to Racine) – City Engineer Simpson stated pre- bid meeting next Thursday. Moving forward. Durham Drive Reconstruction & Sanitary Sewer Project – City Engineer Simpson advised nothing much new. 52% parking lot paid for per Parks and Recreation Director Anderson. McShane Pump Station Upgrade – 99% done per Public Utilities Superintendent Kloskowski. Waiting for parts. PPII Reduction & Sanitary Sewer Backup Prevention Programs – City Engineer Simpson stated nothing new. Tess Corners Reconstruction –Talked about already per Ald. Fiedler. Pioneer Drive Reconstruction – City Engineer Simpson advised will talk about later. Cornell Drive Storm Sewer Construction – City Engineer Simpson stated completed except for restoration. Woods Road Recreation Trail – Will talk about later per City Engineer Simpson. UNFINISHED BUSINESS None NEW BUSINESS Discussion and Recommendation Regarding Construction of Water Mains within Pioneer Drive – City Engineer stated during the planning process for the reconstruction of Pioneer Drive, the design and construction of water main was anticipated. Preliminary design was completed, which includes a north section and a south section. A survey was 2 sent to the 75 residents in the south section that could be affected by this project and the majority were extremely disinterested. The north section opinions were obtained through the citizen group and many strongly favor this extension. Recommendation is not to move forward with the construction of the southern half of the water main on Pioneer Drive. Proceed with the completion of an Engineer’s Estimate and plan a Public Hearing, and begin the standard assessment process for the north half of the water main. Ald. Soltysiak made a motion to approve recommendation. Ald. Fiedler seconded. Motion carried 2-0. Discussion and Recommendation Regarding Tess Corners Drive Public Informational Meeting Comments and Concerns – City Engineer Simpson advised a public informational meeting was held to display the current construction plans for the Tess Corners Drive reconstruction. Public meetings are held to help the public gain understanding of the project and help staff gain valuable feedback from residents. Staff felt the project’s plans were received well, however there were some concerns and/or questions. Question as to replacing their existing concrete driveway - it was recommended to do so. It was recommended to keep the roadway’s centerline in its current location, and not replacing trees that are removed from the right-of-way.. Discussion and Recommendation of a Floodplain Study in Relation to Tess Corners Creek at the Southern Tess Corners Stream Crossing - City Engineer Simpson stated that during the initial planning process for the reconstruction of Tess Corners Drive, staff and the Committee had discussed studying how revising the culvert crossing of Tess Corners Creek might affect the floodplain upstream and downstream of the crossing. This study would have been very easy to complete utilizing the WDNR and FEMA digital models. Since the reconstruction of Tess Corners began, we have been in contact with the WDNR, FEMA, and SEWRPC and they have now told us that the model is either lost or does not exist. This means that we would have to recreate the entire model, have it approved by the appropriate agencies, and then utilize it to see if there are any alternative culvert configurations that may result in a reduction to upstream flooding. Foth put a cost estimate together. Foth would provide all necessary modeling and alternatives analysis to determine if a culvert modification is possible. Neither WDNR nor Foth was able to speculate as to whether something can be done to reduce upstream flooding without having the base model in place, so it is a complete unknown as to what the odds of improving the situation is at this point. There are many structures in the upstream area that do encounter flooding. The regional pond that was proposed in New Berlin does not look like a possibility without grants, so this may be the only remaining alternative to examine. The Committee asked staff to talk to New Berlin and bring this back to a future meeting. Discussion and Recommendation Regarding Woods Road Trail Public Informational Meeting Comments and Concerns – A public informational meeting was to display the current construction plans for the Woods Road Trail per City Engineer Simpson. Public meetings are held to help the public gain understanding of the project and help staff gain valuable feedback from residents. The project’s plans were received well, but there were some concerns and/or questions. Items brought up that the Committee should discuss were to consider a ditch enclosure in front of their home in order to move the path closer to the road - recommendation would be only utilizing ditch enclosures where absolutely necessary for design reasons. Move the path closer to the road to reduce impact to their front yard – recommendation utilizing a steeper slope where it will eliminate the need to grade onto private property. Save the trees shown for removal (ROW) or replace them – recommend not replacing trees that are removed from right-of-way. 3 Recommendation Regarding Approval of Agreement for Access and Ground Water Monitoring between the City and the Muskego Site Consent Decree Implementation Group – City Engineer Simpson stated the Muskego Site Groundwater Remediation Group’s (MSGRG) requested to enter into an agreement for the placement of four additional groundwater monitoring wells. The MSGRG will be placing these wells which are required per an agreement they reached with the USEPA. Staff has reviewed the proposed locations and do not see any negative impacts. The agreement is in the same form as the previously approved agreement that was entered in for prior wells in 2004. The only difference is the name of the group. Recommendation would be approval of agreement. Ald. Soltysiak made a motion to move to approve recommendation. Seconded by Ald. Fiedler. Motion carried 2-0. Review Status of City Efforts in Response to the Rain Events of July 22-24, 2010 – City Engineer Simpson advised the City has made great strides toward reducing or eliminating many areas of concern related to water in basements/homes caused by sanitary sewer conveyance issues and/or overland flooding problems. To date funds in the amount of approximately $2-2.2 million have been spent or allocated to help reduce the chance of flooding and basement backups since the storm of July 22-24, 2010. This cost does not include staff time or equipment costs that were instrumental in making these projects a reality. The City has and will continue to bring a high level of protection to its residents. Review and Recommend Changes to 28.04(17) of the Municipal Code Entitled Purity of Supply not to be Impaired by Cross Connections – The City is required to implement changes to our municipal code to comply with NR 810 of the Wisconsin Administrative Code per City Engineer Simpson. The ordinance will enact the required changes and allow the City to complete cross connection inspections that are required by the State. This change has been reviewed and approved by the City’s attorney and can move to Common Council for final approval. Ald. Soltysiak made a motion to move to approve changes to section 28.04(17). Ald. Fiedler seconded. Motion carried 2-0. NEW BUSINESS PLACED ON FILE Discussion and Possible Modification of Policy Regarding Mailbox Damage Incurred during City Maintenance Activities – City Engineer Simpson advised for future Agenda. Discussion and Possible Modification of Policy Regarding Snow Removal from Private Driveways – City Engineer Simpson advised for future Agenda. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW None. ADJOURNMENT Ald. Soltysiak moved to adjourn the meeting at 7:25 PM. Ald. Fiedler seconded. Motion carried 2-0. Jeanne Struck Recording Secretary Council Date FEBRUARY 28, 2012 Total Vouchers All Funds $525,570.18 Total Voucher Approval Utility Vouchers (Approve Separately) Water Vouchers $5,399.37 Water Wire Transfers Total Water $5,399.37 Sewer Vouchers 40,410.32 Sewer Wire Transfers Total Sewer $40,410.32 Net Total Utility Vouchers $ 45,809.69 #1 - Utility Voucher Approval Tax Vouchers - Refunds & Tax Settlements (Approve Separately) Tax Vouchers $26,731.73 Tax Void Checks ()** Total Tax Vouchers $ 26,731.73 #2 - Tax Voucher Approval Total General Fund Vouchers (Approve Separately) General Fund Vouchers $452,678.76 General Fund Void Checks ()** Total General Fund Vouchers $ 452,678.76 #3 - General Voucher Approval Big Muskego Lake Vouchers $350.00 Wire transfers (Approve Separately): Tax Settlements $ Debt Service $362,882.50 Miscellaneous $ #4 - Wire Transfers Approval Void Checks Since Last Report Check #Amount Check #Amount Water Total *** Sewer Total 0.00 *Total *** Draft CITY OF MUSKEGO MEETING CALENDAR FOR MARCH 2012 2/23/12 MONDAY 2/27/2012 TUESDAY 2/28/2012 WEDNESDAY 2/29/2012 THURSDAY 3/01/2012 Little Muskego Lake Protection & Rehabilitation 7:00 PM (1) MONDAY 3/05/2012 TUESDAY 3/06/2012 WEDNESDAY 3/07/2012 THURSDAY 3/08/2012 Plan Commission 6:00 PM (3) Public Hearing – Payne & Dolan CUG Renewal 6:00 PM (3) Public Hearing – Midwest Auto Doctor CUG 6:00 PM (3) Public Safety Committee 6:00 PM (1) MONDAY 3/12/2012 TUESDAY 3/13/2012 WEDNESDAY 3/14/2012 THURSDAY 3/15/2012 Parks & Recreation Board 5:30 PM (1) Finance Mtg. 6:30 Common Council Meeting 7:00 PM (3) Municipal Court 5:30 PM (3,5,East and 5 West City Hall) MONDAY 3/19/2012 TUESDAY 3/20/2012 WEDNESDAY 3/21/2012 THURSDAY 3/22/2012 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 Historical Society Meeting 6:30 PM Settlement Center Zoning Board of Appeals 7:00 PM (3) MONDAY 3/26/2012 TUESDAY 3/27/2012 WEDNESDAY 3/28/2012 THURSDAY 3/29/2012 Finance Mtg. 6:00 PM (1) BMLD Quarterly Meeting 6:45 PM (3) Common Council Meeting 7:00 PM (3) Municipal Court 5:30 PM (3,5,East and 5 West City Hall) 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.