COMMON COUNCIL Minutes 20120124
COMMON COUNCIL - CITY OF MUSKEGO Approved: 02/14/2012
MINUTES OF MEETING HELD JANUARY 24, 2012
Mayor Chiaverotti called the meeting to order at 7:08 p.m. at the Muskego Lakes
Country Club, S100 W14020 Loomis Road. Present were Ald. Fiedler, Schaumberg,
Soltysiak, Werner, Borgman, Harenda and Snead, Community Development Director
Muenkel, Director of Finance and Administration Mueller, Parks & Recreation Director
Anderson, City Attorney Larson and Deputy Clerk Blenski. The Deputy stated that the
meeting was noticed in accordance with the open meeting law on January 20, 2012.
Mayor Chiaverotti stated she did not have any communications to report. She noted
that she would explain the procedure for the public comment period following the
presentations.
LAKE PARK ACQUISITION PRESENTATION
Community Development Director Jeff Muenkel gave a brief overview regarding the
proposal. Mr. Muenkel stated he would review what transpired the last six months. All
of this information is on the City’s website. There is a resolution on the agenda, which
the Council will consider following public comment. He noted that the 2020
Comprehensive Plan indicates that the City should at least look at possibly purchasing
some frontage on Little Muskego Lake. The 2020 Comp Plan was adopted in 2009
after extensive public input and meetings. The resolution to consider an Offer to
Purchase does contain several contingencies. The total amount included in the
proposed Offer to Purchase shall not exceed $3,550,000.
Ms. Sharon Mueller, the Director of Finance and Administration, reviewed the following
financing options:
Utilization of the existing debt issue. It is anticipated that this would have
minimal, if any, effect on the City tax rate.
Designation of landfill funds by the Common Council.
Utilization of tax increment residual funds, which would require the Common
Council to reallocate a portion, or all of the remaining funds, for the proposed
purchase.
Other financing options, such as grants and land sales have yet to be
determined.
PUBLIC COMMENT
Mayor Chiaverotti explained why she chose the Muskego Lakes Country Club as the
venue for the meeting. She read the protocol for public comment.
The following registered to speak regarding the lake park proposal during the public
comment period:
Scott Dickmann, S69 W17945 Muskego Drive (Recommends Referendum)
The following registered to speak in opposition to the lake park proposal, and spoke
during the public comment period:
Phil Pham, W126 S7117 Chicory Court
Michael Brandt, S67 W13015 Larkspur Road
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Leonard Pilak, W165 S8108 Kurtze Lane
Jeff Miller, S75 W17553 Harbor Circle
Sheryl Martin, W146 S7356 Durham Court
Bob Harvey, S73 W14275 Woods Road
Andy Lewandowski, W182 S9245 Parker Drive
Henry Plum, S75 W17555 Harbor Circle
Robert Gelhaus, W170 S7621 Gregory Drive
Barbara Schaal, S77 W16852 Bridgeport Circle
Reno Berg, S77 W17727 St. Leonard Court
Georgia Hainer, S71 W19483 Hillview Drive
Elmar Kretschmann, S71 W12474 Berrywood Lane
Karen Sanderson, W170 S6951 Southern Drive
Joanne Murn, S76 W18202 Janesville Road
Mary Steinbauer, W172 S7357 Lannon Drive
Jim Lindhorst, S75 W18094 Boszhardt Lane (Supports Referendum)
Heidi Lindhorst, S75 W18094 Boszhardt Lane
Lorie Oliver, S75 W17674 Harbor Circle
Mark Schmalz, S75 W18705 Kingston Drive
Ken Fries, W175 S7229 Lake Drive (Supports Referendum)
Susan Link-Manson, W172 S7297 Lannon Drive
Mark Oliver, S75 W17674 Harbor Circle (Supports Referendum)
Gerald Le Claire, W176 S7511 Harbor Circle (Supports Referendum)
Debra Bolton, W186 S7569 Kingston Drive
Charmain Klyve, S75 W17555 Harbor Circle
David Taube, S75 W18687 Kingston Drive
Kathleen Gappa, W186 S7048 Gold Drive
Dan Schreiner, S72 W13775 Woods Road
Michael Manz, W145 S7091 Brentwood Drive
Jill Budnik, S75 W17649 Harbor Circle
John Walters, W142 S6839 Gaulke Drive (Supports Referendum)
Kathy Ramsey, W176 S7494 Harbor Circle
Troy Tveitnes, S71 W17659 Lake Drive
The following registered to speak in support of the lake park proposal, and spoke during
the public comment period:
Marguerite Ingold, S76 W17501 Janesville Road
Jennifer Reidy, W136 S8445 Holz Drive
Donald Reidy, W136 S8445 Holz Drive
William Simmons, W164 S7566 Bay Lane Terrace
Kathy Mueller, W173 S7996 Scenic Drive
William Schneider, S75 W20101 Ridge Road
Paul Knaapen, W178 S8029 Brennan Drive
Matt Johnson, S79 W16736 Green Court
Virginia Kohler, W192 S7196 Hillside Drive
Ray Ingold, S76 W17501 Janesville Road
Tina Weiss (Exec. Director of Chamber of Commerce), S74 W16894 Janesville Road
Robert Lucas, W198 S8456 Bendingbrae Drive
Brett Hyde, S71 W14458 Hidden Creek Court
Michael Pierski, S75 W17313 Janesville Road
Aaron Robertson, S67 W12559 Larkspur Road
Thomas Ralston, S81 W19386 Highland Park Drive
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Jerry Hulbert, W173 S7616 Westwood Drive
(After 30 minutes of Public Comments, the Mayor announced that fact; the Council
agreed to continue the Public Comment period.)
The Deputy Clerk read comments from the following:
Michael Cowling, Jimmy Demaret Drive - Pro
Ron Ford, Topaz Drive - Pro
The following registered against the proposal, but did not wish to speak:
Guy Osborn, S77 W12929 McShane
Rita Foster, S70 W15241 Sandalwood Drive
John Henningfield, W178 S6652 Paige Court
Sandra Wehmeier, S75 W17678 Harbor Circle
John Wehmeier, S75 W17678 Harbor Circle
Michael Niedzialkowski, S70 W1310 Woods Road
Kenneth and Nancy Nuss, W191 S7222 Luehring Drive
Louis and Delores Raffaele, S75 W18642 Kingston Drive
Robert Stettler, W188 S7748 Oak Grove Drive
Dan Schwartz, W151 S6425 Glenbrook Drive
Claudio Martens, W188 S7617 Oak Grove Drive
Jill Harenda, W188 S7617 Oak Grove Drive
Kathy Lund, S69 W17945 Muskego Drive
Lois Schneider, S76 W18160 Janesville Court
Benny Chamberlain, S70 W15750 Sandalwood Drive
Jean Chamberlain, S70 W15750 Sandalwood Drive
Bob Prah, W188 S7688 Oak Grove Drive
Mike Klamert, W175 S7516 Harbor Circle
Michael Gappa, W186 S7048 Gold Drive
Joseph Farmerie, S74 W17660 Lake Drive
David Drow, W192 S7224 Hillside Drive
Bill Rupp, S69 W17311 Kirkwood Drive
Sandy Kapusta, S75 W17680 Harbor Circle
Thomas Kapusta, S75 W17680 Habor Circle
Nadyne Peters, S70 W19282 Wentland Drive
Joe Peters, S70 W19282 Wentland Drive
William Frazier, W188 S7618 Oak Grove Drive
Jo Ann Frazier, W188 S7618 Oak Grove Drive
Carol Brey, S71 W17301 Pleasant View Drive
Ray Brey, S71 W17301 Pleasant View Drive
Marilyn Ritter, S76 W18550 Kingston Drive
Pat Hedstrom, S76 W18564 Cook Drive
Eileen Glazier, W186 S7588 Kingston Drive
Joseph Barak, S76 W18582 Kingston Drive
(No Name), S70 W15241 Sandalwood Drive
The following registered in support of the proposal, but did not wish to speak:
Margaret Knaapen, W178 S8029 Brennan Drive
John Engelhardt, W192 S7149 Hillside Drive
Shirley Bykowski, S78 W21003 Burningwood Court
Delores Squire, W180 S6909 Muskego Drive
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January 24, 2012
Andy Greenlees, W136 S8431 Holz Drive
Trae Nelson, W136 S8431 Holz Drive
Ronald Kohler, W192 S7196 Hillside Drive
The following registered regarding Resolution #004-2012:
Benny Chamberlain, S70 W15750 Sandalwood Drive (Did not wish to speak)
Jean Chamberlain, S70 W15750 Sandalwood Drive (Did not wish to speak)
Scott Bolton, W186 S7569 Kingston Drive
Mike Brandt, S67 W13015 Larkspur Road
Susan Link-Manson, W172 S7297 Lannon Drive
The Mayor stated that the public comment period was concluded. She stated that she
reviewed all the comments regarding the previous “Bring Back the Lake” proposal. The
common concerns were:
The size and scope of the project.
The City should not get into the development business.
Mayor Chiaverotti stated the new proposal is different. Neither she nor any alderperson
brought it forward. The proposal was submitted by the property owners and the
Common Council has to act on it. She thanked everyone for coming.
NEW BUSINESS
Reso. #003-2012 - Offer to Purchase - Lake Park Properties. Ald. Werner moved to
bring the resolution to the floor for discussion. Ald. Fiedler seconded. Motion
carried by unanimous consent. Ald. Borgman moved to table the resolution and
put it to an advisory referendum prior to it coming back to the Common Council.
Ald. Harenda seconded.
Discussion:
Ald. Fiedler:
The aldermen are elected and paid to do the necessary research, and then make
decisions. It is wrong to turn issues back to the people simply because making a
decision is difficult. A decision regarding this issue is the responsibility of the Council.
He does not support tabling or a referendum.
Ald. Soltysiak:
Agrees with Ald. Fiedler about the purpose of a referendum, but believes this is a
different case. A referendum would shake out whether there was a small vocal minority
against the proposal, or the community as a whole. There isn’t enough information at
this time to make a decision.
Ald. Snead:
She has difficulty with the motion because there are two separate issues: tabling the
resolution and the referendum.
Vote: 4 Opposed and 3 in Favor. Motion failed.
Ald. Fiedler, Schaumberg, Werner and Snead voting no.
Ald. Soltysiak, Borgman and Harenda voting yes.
Ald. Soltysiak stated there are a lot of projects going on in the City. He expressed
concern about adding another project. The City needs to prioritize.
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Ald. Snead recalls the negative comments regarding the previous proposal were: it was
too large, poor economic times and there was already a conceptual plan. The new plan
is now reduced in size and there is no specific concept. However, there is still
opposition. Ald. Soltysiak stated he recalls that the issue with the previous concept was
that the public was shown two plans and asked to choose one. Many of the concerns
expressed this evening were what the development and maintenance costs will be. If a
lake park is on the horizon, the City needs to plan for the future and not just purchase
the land and figure it out later.
Ald. Harenda stated the issue needs to be discussed further and there needs to be a
solid plan. Ald. Harenda moved to table the resolution. Ald. Borgman seconded.
Ald. Borgman stated that the proposal has been scaled back in size. However, he
believes the City will be approached in the future to purchase the properties to the east
and west to expand the park. Has a large project been divided into three smaller ones
to avoid a referendum? He believes there are times that a referendum is appropriate,
which does not mean the Council is neglecting its responsibilities. More facts are
needed before this proceeds.
Vote: 4 Opposed and 3 in Favor. Motion failed.
Ald. Fiedler, Schaumberg, Werner and Snead voting no.
Ald. Soltysiak, Borgman and Harenda voting yes.
The Mayor stated that no one knows what the exact cost will be to maintain the park.
There has to be a complete plan and the community has to be involved in the process.
Ald. Soltysiak stated the Council has not done its due diligence. There should be some
estimate of the costs and a plan of how they will be paid.
Ald. Schaumberg stated this is a difficult decision to make. The City needs to advance
and make changes to improve its look. Hopefully more new businesses will continue to
come.
Ald. Harenda asked the City Attorney what impact a petition for direct legislation would
have if the Council moves forward with this tonight. City Attorney Larson stated that
direct legislation is handled under state law (Section 9.20). If a petition is filed, there is
a period of time the Clerk has to review it to determine whether it is adequate. If it is
determined to be adequate then it comes before the Common Council. The Council has
a period of time to either adopt the legislation or put it to referendum. Attorney Larson
stated that in order to respond to the question, he would need to know what the direct
legislation says. It would not be retroactive.
Ald. Werner stated he appreciated all the comments provided. In April of 2010, the
Comprehensive Plan addressed the properties being discussed. At that time, the entire
Council voted in favor of looking at properties on the lake for a park. The community
has expressed the need for economic development as well as identifying a downtown
area. It has been noted that a project like this could be a catalyst for economic
development along Pioneer Drive and Janesville Road. Ald. Werner stated he believed
that the initial “Bring Back the Lake” proposal was over and done. He did not have any
idea that a new proposal would come forward. The proposed offer to purchase is under
the appraised value. This is an extremely important decision for the City. It is the
responsibility of the Council because they were elected to make decisions. He believes
the project will increase the quality of life for the community.
Ald. Fiedler stated reasonable people can disagree and he respects the position of
those opposed to the proposal. He believes everyone on the Council wants to bring in
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January 24, 2012
more business development to the City. We ask businesses to invest in the City, and
taxpayers have to do the same thing. The citizens have already invested in this lake.
The tax dollars spent on the lake have come from everyone, not just the people who live
on the lake. All taxpayers should be able to have meaningful access to the lake and
enjoy it.
Ald. Soltysiak reiterated that he has not seen any data to show that this plan will bring
economic development to the City.
Ald. Fiedler moved for adoption. Ald. Werner seconded.
Vote: 4 in Favor and 3 Opposed. Motion carried.
Ald. Fiedler, Schaumberg, Werner and Snead voting yes
Ald. Soltysiak, Borgman and Harenda voting no
The Mayor thanked everyone for attending.
Reso. #004-2012 - Resolution to Amend the Procedure Regarding Public Comment
During Common Council Meetings. Ald. Fiedler moved for adoption. Ald. Snead
seconded. Ald. Soltysiak moved to amend to remove the first sentence in Item
No. 2 of the resolution (“The Public Comment portion of the meeting shall last up
to 30 minutes.”) and any supporting documentation that refers to the 30-minute
limitation. Ald. Harenda seconded. Ald. Soltysiak stated he does not believe the
total amount of time for public comment should be limited. Ald Fiedler agreed. Motion
carried 7 in favor. Ald. Soltysiak moved to amend Item No. 3 to read, “The
speakers will be limited to commenting on any agenda item” as well as the
supporting documentation. Ald. Borgman seconded. Ald. Snead stated the public
often does not have enough information to comment on Closed Session matters. Ald.
Fiedler agreed that time could be consumed unnecessarily. The issue will eventually be
in open session and then public comment would be allowed. He would agree to public
comment on any agenda item with the exception of Closed Session items. Ald.
Soltysiak did not agree. Ald. Werner stated that the closed session notices are not
always distinct enough to provide information for the public to comment on. He
suggested that the notices provide more detail. If that is not possible, then he opposes
public comment. Mayor Chiaverotti stated she would like to consult with City labor
attorney. She has concerns about public comment regarding any labor issues. Ald.
Fiedler moved to defer. Ald. Soltysiak seconded; motion carried 7 in favor.
UNFINISHED BUSINESS
Ord. #1350 - An Ordinance to Amend Chapter 12, Section 12.01 (9)(d), of the Municipal
Code of the City of Muskego (Licensing Sales of Alcoholic Beverages/Closing Hours).
Second Reading. Ald. Fiedler moved for adoption. Ald. Schaumberg seconded.
Motion carried 7 in favor.
CONSENT AGENDA
Ald. Borgman moved to approve the items under the Consent Agenda. Ald.
Snead seconded. Motion carried 7 in favor.
The following items were approved:
Approval of Operator’s Licenses for Jeffrey Dlouhy, Mary Hinkley, Keith Kaminski,
Bryan LaFave, Ashish Patel, Roxann Yaeger, and Eric Pappas with a six-month review.
Common Council Minutes - January 10, 2012
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January 24, 2012
Reso. #005-2012 - Approval of Lease Agreement with Little Muskego Lake Protection
and Rehabilitation District.
Reso. #006-2012 - Approval of Lease Agreement with Karl Thiesenhusen for Park
Arthur (Northwest Section).
Reso. #007-2012 - Approval of Lease Agreement with Eddie Schaefer for Park Arthur
(South Section).
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed: 12/13/2011 Finance Committee, 10/18/2011
Conservation Commission, 11/14/2011 Parks & Recreation Board, 11/28 and
12/10/2011 Police & Fire Commission.
VOUCHER APPROVAL
Ald. Schaumberg moved for approval of payment of Utility Vouchers in the
amount of $358,997.25. Ald. Fiedler seconded. Motion carried 7 in favor.
Ald. Schaumberg moved for approval of payment of Tax Vouchers in the amount
of $109,576.40. Ald. Fiedler seconded. Motion carried 7 in favor.
Ald. Schaumberg moved for approval of payment of General Vouchers in the
amount of $442,105.06. Ald. Fiedler seconded. Motion carried 7 in favor.
CITY OFFICIALS’ REPORTS
The February calendar was reviewed.
CLOSED SESSIONS
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
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. Ald. Werner seconded. Motion carried 7 in favor. The Deputy Clerk was
dismissed. City Attorney Val Anderson was present for closed session.
OPEN SESSION
Ald. Soltysiak moved to reconvene into open session. Ald. Fiedler seconded;
motion carried.
ADJOURNMENT
Ald. Snead moved to adjourn at 11:12 p.m. Ald. Harenda seconded; motion
carried.
Minutes taken and transcribed
by Jill Blenski, Deputy Clerk