COMMON COUNCIL Minutes 20110322
COMMON COUNCIL - CITY OF MUSKEGO Approved: 4/26/2011
MINUTES OF MEETING HELD MARCH 22, 2011
Mayor Johnson called the meeting to order at 7:41 p.m. Present were Ald. Fiedler,
Schaumberg, Soltysiak, Werner, Borgman, Harenda and Snead, and the Director of
Finance and Administration Mueller. Ms. Mueller stated that the meeting was noticed in
accordance with the open meeting law on March 18, 2011.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Reso. #025-2011 - Resolution Honoring Eagle Scout Andrew J. Stoehr. Ald. Borgman
moved for adoption. Ald. Soltysiak seconded. Motion carried 7 in favor. Mayor
Johnson presented the resolution to Andrew who described his service project.
Reso. #026-2011 - Resolution Honoring Eagle Scout Paul M. Koster. Ald. Soltysiak
moved for adoption. Ald. Borgman seconded. Motion carried 7 in favor. The
resolution was presented to Paul by the Mayor. Paul also provided a brief description of
his service project to the Council.
No one registered to speak under Public Comment.
UNFINISHED BUSINESS
Ord. #1332 - An Ordinance to Amend the Zoning Map of the City of Muskego (Willow
Glen - RM-1 and RS-2 to PD). On the floor, deferred 2/22/2011. Ald. Borgman spoke
highly of the plan. Ald. Harenda expressed concern about the benefit to the City since
the proposed density steps outside the 2020 Comp Plan. Mayor Johnson stated that
the major benefits are bringing the existing buildings up to standard and green space to
the east. Ald. Soltysiak also expressed concern about going outside of the 2020 Comp
Plan. The people of Muskego have indicated that they want less high density
development. Ald. Borgman stated the higher density would be allowed because this
would be a planned unit development. Ald. Snead commented that the Plan
Commission did review the proposal and has recommended approval. Ald. Werner
noted many of the concerns of the adjacent property owners will be addressed in the
Developer’s Agreement. However, he still has an issue with not adhering to the Comp
Plan. In addition, City services are affected by multifamily units.
Mr. Mark Taylor was present on behalf of developer Dave Hoffmann. The 2020
Comprehensive Plan calls for a maximum density on the site of 2.9 living units per acre
and that will be maintained. Motion carried 4 in favor and 3 opposed: Fiedler,
Schaumberg, Borgman and Snead voting yes and Soltysiak, Werner and Harenda
voting no.
Ord. #1339 - An Ordinance to Amend the Zoning Map of the City of Muskego (Simandl -
A-1 to RC-1). Second Reading. Ald. Borgman moved for adoption. Ald.
Schaumberg seconded. Motion carried 7 in favor.
Ord. #1340 - An Ordinance to Amend Chapter 3 to Repeal Section 3.10 of the Municipal
Code of the City of Muskego (Room Tax). Second Reading. Ald. Borgman moved for
adoption. Ald. Soltysiak seconded. Motion carried 7 in favor.
Common Council Minutes Page 2
March 22, 2011
CONSENT AGENDA
Ald. Harenda requested that Resolutions #027-2011, #031-2011 and #034-2011 be
removed from the Consent Agenda. Ald. Borgman moved to approve the remaining
items on the Consent Agenda. Ald. Harenda seconded; motion carried 7 in favor.
The following items were approved:
Approval of Operator’s License for Cheryl Bott, Susan Koceja, Hayley Lesch, Nathan
Mayer, Kristen Minick, Rebekah Polack, Valerie Thompson and Shawn Weltzin
Approval of Common Council Minutes - March 10, 2011
Reso. #028-2011 - Approval of Developer’s Agreement - Willow Glen Development
Reso. #029-2011 - Resolution Combining Wards for Election Purposes (Spring Special
Election - May 3, 2011)
Reso. #030-2011 - Approval of Certified Survey Map - Oak Creek Industrial Properties,
LLC
Reso. #032-2011 - Acceptance of Bid for 2011 and 2012 Lawn Mowing Services
Reso. #033-2011 - Award of Bid - Park Arthur Phase I Construction
NEW BUSINESS
Reso. #027-2011 - Waterways Commission Financial Assistance Application - Durham
Overflow Parking Lot Paving. Ald. Fiedler moved for adoption. Ald. Snead
seconded. Ald. Harenda acknowledged that the Public Works Committee
recommended that the design and construction of the overflow parking lot move forward
in light of grant money being available. However, he expressed concern that the project
was not budgeted for. Ald. Fiedler noted that 60% of the $84,000 project cost will be
paid for by the grant. Ald. Soltysiak asked if other alternatives were looked at. He
believes the project is low on the list of City priorities. Ald. Borgman moved to amend
to include that the Common Council will review final approval of the project once
the grant has been determined. Ald. Schaumberg seconded. Motion carried 6 in
favor and Ald. Harenda voting no. Reso. #027-2011, as amended, adopted 5 in
favor and Ald. Harenda and Soltysiak voting no.
Reso. #031-2011 - Authorization to Proceed with Squad Camera Project. Ald. Werner
moved for adoption. Ald. Soltysiak seconded. Ald. Harenda requested information
about the capital projects and the remaining funding. Ald. Soltysiak noted that while the
initial purchase is a budgeted capital expenditure, there will be ongoing operating
expenses associated with the project. Motion carried 7 in favor.
Reso. #034-2011 - Authorization to Use CDBG Funds for the Muskego Senior Taxi
Service. Ald. Soltysiak moved for adoption. Ald. Werner seconded. Ald. Soltysiak
stated that the City cannot guarantee that funding will always be available; the Senior
Taxi Service needs to keep that in mind. Ald. Werner stated that the City has to do
what it can to support the service. Ald. Soltysiak stated that the taxi service needs to do
long-range planning. If further financial assistance is needed, they need to request it
early so the City can budget properly. Motion carried 7 in favor.
Common Council Minutes Page 3
March 22, 2011
Reso. #035-2011 - Proceedings by the Common Council of the City of Muskego to
Discontinue and Vacate a Road Right-of-Way in the City of Muskego, Wisconsin (Trail
Court). Ald. Soltysiak moved for adoption. Ald. Harenda seconded. Motion
carried 7 in favor.
Reso. #036-2011 - Resolution as to Claim - Greenthal. Ald. Schaumberg moved to
deny the claim. Ald. Fiedler seconded. Motion carried 7 in favor.
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed: 2/10/2011 Plan Commission, 1/24/2011 Public
Works Committee, 11/4/2010 Teen Advisory Board, 2/14/2011 Parks and Recreation
Board, and 2/15/2011 Community Development Authority.
LICENSES
Ald. Soltysiak moved to approve a Temporary License to Sell Wine for the Friends
of the Muskego Public Library on May 14, 2011. Ald. Werner seconded. Motion
carried 7 in favor.
Ald. Borgman moved to approve a Temporary License to Sell Fermented Malt
Beverages for Bethlehem Lutheran Church, W124 S9995 North Cape Road for
April 30, 2011. Ald. Soltysiak seconded. Motion carried 7 in favor.
Ald. Borgman moved to approve a Class B Dance Hall License for Lights Teen
Club located at S67 W19491 Tans Drive. Ald. Soltysiak seconded. Motion carried
7 in favor.
VOUCHER APPROVAL
Ald. Snead moved for approval of payment of General Vouchers in the amount of
$459,579.74. Ald. Fiedler seconded. Motion carried 7 in favor.
Ald. Snead moved for approval of payment of Utility Vouchers in the amount of
$2,858,193.41. Ald. Fiedler seconded. Motion carried 7 in favor.
Ald. Snead moved for approval of payment of Tax Checks in the amount of
$4,303.66. Ald. Fiedler seconded. Motion carried 7 in favor.
Ald. Snead moved for approval of payment of Wire Transfers for Debt Service in
the amount of $323,156.60. Ald. Fiedler seconded. Motion carried 7 in favor.
CITY OFFICIALS’ REPORTS
The April calendar was reviewed.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED
Ald. Harenda noted that the Teen Advisory Board will host a candidate forum for the
rd
May 3 special election for the 83 Assembly District seat.
CLOSED SESSION
Ald. Borgman moved to convene 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
Common Council Minutes Page 4
March 22, 2011
with respect to litigation in which it is or is likely to become involved, more
specifically Parkland Venture, LLC vs. City of Muskego and 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 union negotiations for 2011. Ald. Soltysiak seconded. Motion
carried 7 in favor. City Attorneys Remzy Bitar and Val Anderson were present.
OPEN SESSION
Ald. Borgman moved to reconvene into open session. Ald. Soltysiak seconded;
motion carried.
ADJOURNMENT
Ald. Snead moved to adjourn at 9:30 p.m. Ald. Fiedler seconded; motion carried.
Minutes transcribed
by Jill Blenski, Deputy Clerk