COMMON COUNCIL Minutes 20110927
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD SEPTEMBER 27, 2011
Mayor Chiaverotti called the meeting to order at 7:20 p.m. Present were Ald. Fiedler,
Schaumberg, Werner, Borgman, Harenda, Snead, Finance and Administration Director
Mueller and Community Development Director Muenkel. Ald. Soltysiak was absent.
Those present recited the Pledge of Allegiance. Ms. Mueller stated that the meeting
was noticed in accordance with the open meeting law.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Chiaverotti noted that a statement was made at the last meeting that the
unbudgeted expenditure of $8,200 for a software purchase would not have come before
the Council under the City’s revised purchasing policy. Because the purchase
exceeded the authorized departmental expenditure budget category, the purchase
would have to be approved by the Finance Committee and Council under the new
policy.
The Mayor also noted that the City recently learned it will receive more State shared
revenue and transportation aids than anticipated. With that, she is able to present a
zero levy increase for 2012.
Reso. #141-2011 - Recognition of 25 Years of Service - Ann E. Wissing, Muskego
Police Department. Ald. Fiedler moved for adoption. Ald. Snead seconded;
motion carried. The Mayor thanked Ann for her years of service.
PUBLIC COMMENT
The following registered to speak regarding Reso. #142-2011 (Resolution of Necessity -
Dilworth, Cherek, Gardetto):
Jay Erdman, W175 S7121 Lake Drive
Concerned about future land divisions that are proposed.
Jean La Fratta, W165 S6842 Southview Court
Believes the proposed purchase of the homes should go to a referendum because
of the large dollar amount that will be spent.
Phil Ziegler, S80 W18766 Apollo Drive
Take politics out of it. Muskego needs to continue to grow to be competitive. This
project would promote Muskego as a quality place to work. The City needs to have
vision for the future when considering this project. This may be the last opportunity
for a park on the lake.
William Schneider, S75 W20101 Ridge Road
There was a referendum in the ‘80’s in favor of purchasing this property; the
referendum was ignored. This is an opportunity to enhance the downtown area
especially with the reconstruction of Janesville Road. He urged the Council to
support the project.
Ken Fries, W175 S7229 Lake Drive
Concerned about the tax base that will be lost if the City purchases the properties.
The taxpayers will have to make up the difference as well as maintain the
properties. The City has the park at Idle Isle; people are working to restore that
park. Also concerned about increased traffic on the lake.
Common Council Minutes 2
September 27, 2011
Bob Mueller, W173 S7996 Scenic Drive
The population of the City is located on the south side of the lake. There isn’t a
facility in the area to enjoy the lake.
Ginni Kohler, W192 S7196 Hillside Drive
The City needs a lakefront park to give downtown a positive identity. The City lost
the opportunity to purchase the property when Dandelion Park closed. She would
like to see the development of the property as a community park for all residents to
enjoy the lake.
Suzi Link, W172 S7297 Lannon Drive
Does not believe the park that is proposed can be achieved with only one of the
Dilworth properties and the Cherek property. We should be talking about doing
something that is good for the citizens of Muskego and not what benefits the
developer. Where are the public hearings regarding this matter? This has not
gone through serious cost benefit analysis. This has not gone to the CDA for
redevelopment consideration, or the Plan Commission. This is a runaway train.
Marguerite Ingold, S76 W17501 Janesville Road
This is a new opportunity to do something to beautify the lake and let all the
residents enjoy it. This will be the last chance to do this. She encouraged the
Council to move forward with the project.
Tom Boos, S75 W18734 Kingston Drive
Why are we catering to Dilworth who is trying to use us to sell his property and
develop it? Mr. Boos stated he is totally against the project. The City has Idle Isle.
Develop the “tree farm.”
Robert Lucas, W198 S8456 Bendingbrae Drive
Before any decisions can be made, we have to know what the cost to the City
would be. He is asking the Council to go forward to determine the cost and
financial impact to the taxpayers. He believes the park will be a catalyst for
development and benefit the City in the future.
Kathy Mueller, W173 S7996 Scenic Drive
Supports the Common Council moving forward to have the property appraised and
begin negotiations. She urged the Council to help correct the mistake made
decades ago; this opportunity will not present itself again.
Brett Hyde, S71 W14458 Hidden Creek Court
He is a member of the Parks & Recreation Board and wants to encourage the
Council to continue with the process. It may not work out, but we need the facts
before a final decision can be made.
Rob Glazier, W186 S7588 Kingston Drive
(Actually commented on Reso. #139-2011.)
There is a proposal for a Marketing Plan and Analysis also on the agenda tonight,
which he would like to see approved. He believes the larger picture of the
community should be considered when the Council deliberates this project.
The Mayor stated that there were other Public Comment forms that were submitted.
The individuals did not want to speak, but register their opinion. The forms will be
placed on file. She thanked everyone for attending.
Common Council Minutes 3
September 27, 2011
NEW BUSINESS
Reso. #142-2011 - Resolution of Necessity (Dilworth, Cherek, Gardetto). Ald.
Schaumberg moved for adoption. Ald. Fiedler seconded.
Mayor Chiaverotti stated that this issue was originally discussed by the Committee of
the Whole who forwarded it to the Parks & Recreation Board. The Board recommended
moving forward with the proposed project at its September meeting.
The following comments were made:
Ald. Borgman:
The proposed park easements diminish the value of the adjacent property.
Premature to do at this time.
Community Development Director Muenkel:
Adoption of the Resolution of Necessity allows the City to move forward to
determine the purchase price and to begin the state statute condemnation process.
It will allow staff to obtain appraisals for the properties in question. The issue
would then come back to the Common Council to see if it wanted to go forward to
authorize the expenditure and determine how it would be paid for.
Cost could be between $15,000 and $25,000 for the various appraisals, attorney
costs and relocation plans per the attached supplemental memo. The two main
parcels in the middle are assessed together at about $3.6 million.
The original proposal depicts two wings off the two main parcels that provide
additional lake frontage. The developer would still like to offer the wing areas to
give the City more lake frontage, but proposes to retain the property in private
ownership. The wing area would be appraised separately for the City to purchase
it for use as a public easement.
Director of Finance and Administration:
The money for the appraisals and other costs would come from the Capital
Expenditure Fund.
Ald. Harenda:
He would like the CDA to weigh in on this proposal because the area is in the
middle of Redevelopment District #2.
He is excited about a potential lake access, but we need to do this efficiently.
He would rather see more of a picture of what the City is going to purchase before
obtaining appraisals.
He has an issue with the wings. He is not comfortable moving forward on this. He
would like to see a survey so he knows what he is voting on.
Ald. Harenda moved to amend the map attached to the resolution to only include
the two parcels and eliminate the wing areas. Ald. Borgman seconded. Ald.
Werner stated it is important that the City take a look at the wings and would like the
area to be part of the appraisal process. Ald. Fiedler agreed. If it isn’t done now, it may
have to be done later. The easements would provide access to the lake. Motion failed
with Ald. Fiedler, Schaumberg, Werner and Snead voting no and Ald. Borgman
and Harenda voting yes.
Ald. Fiedler:
This not a decision to buy the property. This is a decision to obtain more
information to determine whether the City wants to purchase the property. We
can’t proceed until we know the cost.
Common Council Minutes 4
September 27, 2011
Ald. Borgman:
We need to get a better definition of what we are doing before we spend money on
the appraisals. There are so many unknowns.
Ald. Snead:
All we need to determine tonight is if we are interested in taking the next step
forward to see if this property meets all the City’s requirements. We are not at the
phase of talking about how the property will be developed or maintained.
Ald. Werner:
His interest tonight is to move this forward so we can find out the value and start
answering some of the questions that have been raised.
Reso. #142-2011 adopted 4 in favor and 2 opposed with Ald. Fiedler, Schaumberg,
Werner and Snead voting yes and Ald. Borgman and Harenda voting no.
CONSENT AGENDA
Ald. Fiedler noted that Reso. #136-2011 should be removed. Ald. Borgman stated he
wanted to comment on Reso. #139-2011. Ald. Harenda requested that Reso. #134-
2011 and Reso. #138-2011 be removed from the Consent Agenda.
Reso. #139-2011 - Comments:
Ald. Borgman:
The proposal is good. However, he is concerned that the City does not have
adequate staff to move forward once the plan is done.
Ald. Fiedler:
He believes the Plan Department is already spending time on marketing; the plan
should allow the time spent to be used more efficiently.
Ald. Snead:
She is on the CDA. The purpose for doing this was to give Mr. Muenkel and the
CDA some direction. The plan should be a “Fact Finder” to seek out interested
businesses. She anticipates the information will help Mr. Muenkel be more
efficient.
The following items were approved:
Approval of Operator’s Licenses for: Michelle Devine, Christine Goronja and Matthew
Shearer.
Common Council Minutes – September 13, 2011
Reso. #132-2011 - Award of Bid - Cornell Drive Storm Sewer Project
Reso. #133-2011 - Resolution Designating Public Depositories and Authorizing
Withdrawal of City Monies
Reso. #135-2011 - Resolution Authorizing a Grant from the Approved Janesville Road
Building and Grant Program (Young’s Auto Body)
Reso. #137-2011 - Approval of Work Plan #3 - Mitigation of PPII at Circle Drive and
Richdorf Drive/Racine Avenue Areas
Reso. #139-2011 - Acceptance of Proposal Submitted by Vierbicher Associates,
Inc./Ady Voltedge for a Marketing Plan and Analysis for the City of Muskego
Common Council Minutes 5
September 27, 2011
Reso. #140-2011 - Approval of Agreement between Foth Infrastructure & Environment
and the City of Muskego for the Reconstruction of Tess Corners Drive
NEW BUSINESS (Continued)
Reso. #134-2011 - Approval of 2011 Water Utility Rate Increase. Ald. Fiedler moved
for adoption. Ald. Werner seconded. Ald. Harenda stated the last increase was
done in 2008. He asked if the Pioneer Drive water project goes forward, would that
shorten the life of the 3% increase. Ms. Mueller responded that the financial impact of
the project was not known. The principal and interest payments associated with the
borrowing that will be done will be spread out over 20 years. A refunding will also be
coming forward in the next few weeks, which should save the utility some additional
funds. Motion carried 6 in favor.
Reso. #138-2011 - Approval of Muskego Chamber of Commerce Request for Funding
for 2012 “Jammin’ on Janesville” Events. Ald. Werner moved for adoption. Ald.
Fiedler seconded. The following comments were made:
Ald. Harenda:
He has concerns about funding another festival for the community.
Could a separate account be set up for these events and have the organizations
compete for them?
Would like the City to partner with the Chamber so one or more municipal buildings
could be highlighted.
He would like money to be budgeted annually.
He has an issue with the funding source and does not want TIF funds to be utilized.
Would like the money to come from the Economic Development budget.
Mayor Chiaverotti:
The City has been invited to participate in the “Jammin’ on Janesville” Committee
and Mr. Muenkel has volunteered to serve on it.
The City is not in the event planning business. That is a function of the Chamber.
This is not perceived to be ongoing. The intent is to help the businesses that will
struggle during the Janesville Road reconstruction, which will take place over the
next two years. Research showed that the event needed to be launched prior to
the start of construction.
If the Council wants to place money in the operating budget on an ongoing basis in
the future, that can be discussed next year.
Ald. Werner:
The concept of the events was to bring the community together. The Council
needs to participate for that to happen.
The City’s support for next year’s events is important. Next year, the Council can
review to determine if money should be placed in the budget in the future. He does
not foresee the City funding this for years and years to come.
He stated at the Finance Committee meeting that staff would determine the best
source of funding. He does not want to increase the operating budget to support
this event.
Mr. Muenkel:
Two sources of funding were being considered: TID 8 or the TIF Residual Funds.
The idea was to not affect the general operating budget. It is up to the Council to
determine if the money should come from another source.
Common Council Minutes 6
September 27, 2011
Motion to adopt Reso. #138-2011 carried 5 in favor and 1 opposed with Ald.
Harenda casting the no vote. Ald. Borgman noted that people in his district
prefer that TID 8 funds go towards drainage issues that exist in the area.
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed: 8/23/2011 Finance Committee, 8/8/2011 Parks &
Recreation Board, 7/18/2011 Public Works Committee, 8/25/2011 Community
Development Authority.
Ord. #1343 - An Ordinance to Establish Aldermanic District Boundaries in the City of
Muskego. First Reading.
VOUCHER APPROVAL
Ald. Schaumberg moved for approval of payment of Utility Vouchers in the
amount of $49,887.75. Ald. Fiedler seconded. Motion carried 6 in favor.
Ald. Schaumberg moved for approval of payment of General Vouchers in the
amount of $1,947,128.82. Ald. Fiedler seconded. Motion carried 6 in favor.
Ald. Schaumberg moved for approval of payment of Wire Transfers for Debt
Service in the amount of $174,156.25. Ald. Fiedler seconded. Motion carried 6 in
favor.
CLOSED SESSION
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
specifically purchase of the Borst property. Ald. Fiedler seconded. Motion
carried 6 in favor. The Director of Finance and Administration was dismissed. Mr.
Muenkel was present for closed session.
OPEN SESSION
Ald. Fiedler moved to reconvene into open session. Ald. Schaumberg seconded;
motion carried.
ADJOURNMENT
Ald. Snead moved to adjourn. Ald. Fiedler seconded; motion carried.
Minutes transcribed
by Jill Blenski, Deputy Clerk