COMMON COUNCIL Minutes 20120228
COMMON COUNCIL - CITY OF MUSKEGO Approved: 03/13/2012
MINUTES OF MEETING HELD FEBRUARY 28, 2012
Mayor Chiaverotti called the meeting to order at 7:01 p.m. Present were Ald. Fiedler,
Soltysiak, Werner, Borgman, Harenda and Snead, City Attorney Macy and Deputy Clerk
Blenski. Ald. Schaumberg was not present. Those present recited the Pledge of
Allegiance. The Deputy Clerk stated that the meeting was noticed in accordance with
the open meeting law on February 24, and as amended on February 27.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Chiaverotti stated she has listened to all the people that contacted her during the
last several months. She stated that after consultation with legal counsel, she would
remove Resolutions #013-2012, #014-2012, #015-2012 and #018-2012 from the
agenda. One alderman is absent and the issue is too important to not have all seven
present. There is also another issue, which the City Attorney will address. The Mayor
stated that she will bring a new resolution forward at the next Council meeting. The
resolution has been proposed by Ald. Snead; the Mayor stated she believes it will
outline the best approach to take. The purchase would be delayed if the property
owners agree to that until a plan can be developed as well as the associated costs.
Public informational meetings will be held; the issue would come back to the Council in
August or September.
City Attorney John Macy reviewed an advisory opinion of District Attorney Brad Schimel
dated January 9, 2012. He read the following from the correspondence, “If, however,
less than 7 Council Members are present and voting, then you would all need to abstain
from discussion and voting, or the matter would have to be tabled until a meeting at
which at least 7 Council Members are present and voting.” Attorney Macy stated that
he recommended that the resolutions in question be removed from the agenda so there
is not a potential open meetings law violation. In summary, Attorney Macy stated that
the Mayor has asked to remove the resolutions from the agenda. Resolution #013-2012
will be on the next agenda. The Mayor will submit a resolution for the next meeting,
which will refer the matter to the Parks & Recreation Board to do a study and hold public
information sessions. The Mayor will voluntarily delay any action on the authorized offer
to purchase. The matter will come back to the Council once the Parks & Recreation
Board has done the necessary research. An alderman can submit any other resolution
for the Council’s consideration at the next meeting.
Mayor Chiaverotti stated that District Attorney Schimel’s correspondence does indicate
that if six Council Members are present and voting, the Mayor could potentially have to
break a tie vote. She stated while she was prepared to vote tonight, she has chosen
not to because of the District Attorney’s opinion and legal advice she has received. The
Mayor apologized for any inconvenience, but stated she has to follow the rules.
PUBLIC COMMENT
Ald. Borgman moved to suspend the rules regarding public comment to allow
individuals to speak on the items removed from the agenda. Ald. Harenda
seconded. Motion carried 4 in favor and 3 opposed with Ald. Fiedler, Werner and
Snead voting no and Ald. Soltysiak, Borgman and Harenda voting yes and the
Mayor breaking the tie and voting yes.
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February 28, 2012
The following spoke:
Gerald LeClaire
Suzi Link
Don Zoellner
Ken Fries requested to give his time to Suzi Link.
Ald. Fiedler moved in favor. Ald. Borgman seconded. Motion carried 6 in favor.
Public Comment continued with the following:
Suzi Link
Lorie Oliver
James Dropp
Debra Bolton
Rob Glazier
Elmar Kretschmann
Marguerite Ingold
The following individual registered to speak regarding Ord. #1348:
Jill Budnik
The Mayor confirmed that the Offer to Purchase has not been signed and a closing will
not be scheduled.
UNFINISHED BUSINESS
Reso. #178-2011 - Approval of Agreement for Ambulance Services for 2012. On the
floor, deferred 12/13/2011. At the December 13 meeting, Ald. Fiedler moved to amend
the resolution to reflect a termination date of March 31, 2013 and to reflect consultation
with the City Attorney regarding a potential indemnification provision. Ald. Werner
seconded. The agreement has been revised and recommended by the Public Safety
Committee. Ald. Fiedler moved to withdraw his motion. Ald. Werner withdrew the
second. Ald. Borgman stated this takes a lot of the regulation of the ambulance service
away from the City. Ald. Snead stated the Committee spent a great deal of time on the
agreement; she believes it is in the best interest of the City for the fire department to
take over the billing. Motion carried 6 in favor.
Ord. #1348 - An Ordinance to Amend 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.
Discussion took place because the proposed ordinance will prevent some condominium
residents from grilling on their balconies. In response to a question raised by Ald.
Fiedler, Attorney Macy stated that condominiums are a form of multifamily housing. Ald.
Snead stated the language had to be reviewed because it did not comply with State Fire
Codes. With adoption of the ordinance, the language in the City’s Municipal Code will
comply with State law. The City can be more restrictive, but not less. Ald. Borgman
views the ordinance as a means to educate the public. Motion carried 6 in favor.
Ord. #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). Second Reading. Ald. Fiedler moved for adoption. Ald. Borgman
seconded. Ald. Fiedler stated that the ordinance was recommended by the Public
Works Committee. However, he does not like the fact that the City is required to
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February 28, 2012
implement changes to comply with the Wisconsin Administrative Code. Motion carried
6 in favor.
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. Ald.
Fiedler moved for adoption. Ald. Snead seconded. Ald. Soltysiak clarified that the
ordinance does not automatically allow hunting. It gives the City the ability to allow it in
certain areas in the future. Motion carried 6 in favor.
CONSENT AGENDA
Ald. Fiedler moved to approve the items under the Consent Agenda. Ald. Werner
seconded. Motion to approve the items under Consent Agenda carried 6 in favor.
The following items were approved:
Approval of Operator’s Licenses for Jessica Schutz and Robert Sheridan.
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
The following minutes were reviewed: 1/24/2012 Finance Committee, 1/9/2012 Parks &
Recreation Board, 12/7/2011 and 1/4/2012 Public Safety Committee, and 1/30/2012
Public Works Committee.
LICENSES
Ald. Fiedler moved to approve a “Class A” Retailers’ License for the Sale of
Fermented Malt Beverages and Intoxicating Liquor for S.S. World of Groups, LLC
(d/b/a World Mart), Sawan Tiwari Agent, S66 W14501 Janesville Road. Ald.
Harenda seconded. Motion carried 6 in favor.
Ald. Werner moved to approve a Temporary License for the Sale of Wine for the
Friends of the Muskego Public Library for May 19, 2012. Ald. Fiedler seconded.
Motion carried 6 in favor.
VOUCHER APPROVAL
Ald. Fiedler moved for approval of payment of Utility Vouchers in the amount of
$45,809.69. Ald. Werner seconded. Motion carried 6 in favor.
Ald. Fiedler moved for approval of payment of Tax Vouchers in the amount of
$26,731.73. Ald. Werner seconded. Motion carried 6 in favor.
Ald. Fiedler moved for approval of payment of General Vouchers in the amount of
$452,678.76. Ald. Werner seconded. Motion carried 6 in favor.
Ald. Fiedler moved for approval of payment of Wire Transfers for Debt Service in
the amount of $362,882.50. Ald. Werner seconded. Motion carried 6 in favor.
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February 28, 2012
CITY OFFICIALS’ REPORT
The March calendar was reviewed.
CLOSED SESSION
The Mayor announced that the Council would convene into closed session. Ald.
Werner 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. Fiedler seconded. Motion carried 6 in favor. The Deputy Clerk and
Attorney Macy were dismissed. City Attorneys Anderson and Bitar were present for
closed session.
OPEN SESSION
Ald. Werner moved to reconvene into open session. Ald. Harenda seconded;
motion carried.
ADJOURNMENT
Ald. Snead moved to adjourn at 9:00 p.m. Ald. Fiedler seconded; motion carried.
Minutes taken and transcribed
by Jill Blenski, Deputy Clerk