COMMON COUNCIL Minutes 20120214
COMMON COUNCIL - CITY OF MUSKEGO Approved: 02/28/2012
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, Werner, 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 amount
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 responsibility, 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