COMMON COUNCIL Minutes 20120313
COMMON COUNCIL - CITY OF MUSKEGO Approved: 03/27/2012
MINUTES OF MEETING HELD MARCH 13, 2012
Mayor Chiaverotti called the meeting to order at 7:01 p.m. Present were Ald. Fiedler,
Schaumberg, Soltysiak, Werner, Borgman, Harenda and Snead, Parks and Recreation
Director Anderson and Director of Finance and Administration Mueller. Those present
recited the Pledge of Allegiance. Ms. Mueller stated that the meeting was properly
noticed.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Chiaverotti stated that Waukesha County selected Musson Brothers as the
general contractor for the Janesville Road Reconstruction Project.
PUBLIC HEARING
A public hearing was held to levy special assessments for the Pioneer Drive Water
Extension Project. The following spoke:
Steve Mainus stated he lives on Roger Drive, but owns property on Pioneer. He does
not support the project. He objects to the 8% interest rate as well as the five-year
payment option.
The Mayor declared the hearing closed.
PUBLIC COMMENT
The following spoke:
Suzi Link Heidi Lindhorst
Mike Brandt Jim Lindhorst
Rob Glazier Lorie Oliver
Ken Fries Mark Oliver
Tom Ralston Debra Bolton
Brett Hyde
The Mayor thanked those present for attending.
UNFINISHED BUSINESS
Reso. #013-2012 - Direct Legislation Petition Dated January 30, 2012 Regarding
Acquisition of Property on Little Muskego Lake. Deferred 2/22/2012. Ald. Harenda
moved to strike Section b. from the resolution. Ald. Borgman seconded. The
Mayor stated that the resolution was drafted by the City Attorney; she expressed
concern about making any amendments. Ald. Fiedler noted that one of the options the
City Attorney outlined was that the Council could choose not to adopt the resolution. He
prefers to do that because what the referendum requested was to not move forward
with an offer until additional information was provided regarding costs. Ald. Harenda
withdrew his motion and Ald. Borgman withdrew his second. Ald. Fiedler moved
to table the resolution. Ald. Harenda seconded. Motion carried 7 in favor.
NEW BUSINESS
Ald. Soltysiak requested that Reso. #024-2012 be discussed next. There was no
objection.
Common Council Minutes 2
March 13, 2012
Reso. #024-2012 - Resolution to Delay Action Approved in Resolution #003-2012 and
Create an Ad Hoc Committee Directly Accountable to the Common Council to Assess
the Need, Viability, Alternatives for an Additional City Park, and for Each Alternative,
Present a Park Plan with Detailed Acquisition, Development and Maintenance Costs.
Ald. Harenda moved for adoption. Ald. Borgman seconded. Ald. Soltysiak stated
he would like to combine the best points of this resolution with those in Reso. #019-
2012. Ald. Soltysiak moved to amend the resolution to change any reference to
“Ad Hoc Park Acquisition Committee” or derivative thereof to “Park & Rec
Board.” This would put the matter in the hands of the Park & Rec Board. Ald.
Borgman seconded.
Discussion:
Mayor - The City Attorney did not have time to fully review the resolution; however, he
does have legal concerns.
Mr. Anderson - The resolution is all inclusive and recommends looking at a number of
wide issues related to parks as well as conservation, open space, and trails. The
August 1 deadline outlined in the resolution will not be able to be met.
Mayor - All the work would not be able to be done for the $40,000 expenditure.
Ald. Soltysiak - This should have been discussed at a Committee of the Whole (COW)
meeting so the details could have been worked out. He would like to see an analysis of
the lake park proposal, and how it fits with the global park plan.
Mr. Anderson - That discussion should start with the Park & Rec Board. There is a five-
year Park & Open Space Plan, which the Council will be reviewing in April. The park
development done in the last eleven years has come from Park Dedication funds, and
not tax dollars. He has heard comments that parks do not get developed quickly
enough. Mr. Anderson stated he agrees. The Council would have to look at that and
be willing to contribute additional money. What was proposed for the lake park was to
look at the development plan and costs as well as the maintenance costs and to have
the Park & Rec Board act as the recommending authority to the Common Council.
People in the community identified as stakeholders would work with the Park & Rec
Board to come up with a conceptual plan that would then be unveiled to the public. The
final decision would be made by the Common Council.
Ald. Fiedler - What has consistently been asked for is how much the development of the
park is going to cost, not an audit of the entire park system. Reso. #024-2012 is
contrary to state statutes. He does not believe changing words here and there is what
should be done. The City Attorney has stated the resolution is flawed. He supports
adoption of Reso. #019-2012 because it charges the Park & Rec Board with the project.
Ald. Soltysiak - He has asked since August to see how the proposed new park fits with
all the other parks. He is not asking for an audit. He agrees that the responsibility
should lie with the Park and Rec Board.
Ald. Borgman - Reso. #019-2012 makes the assumption that the City is going to
purchase the properties.
Ald. Fiedler, Ald. Snead and the Mayor - All noted that the proposed land purchase
must come back to the Council.
Common Council Minutes 3
March 13, 2012
Vote on amendment: 4 opposed and 3 in favor with Ald. Fiedler, Schaumberg,
Werner and Snead voting no and Ald. Soltysiak, Borgman and Harenda voting
yes.
Ald. Fiedler, the Mayor and Mr. Anderson - All agreed that if the Council wants a “Park
Audit” done, it should be a separate issue and a separate consultant hired.
Vote on Reso. #024-2012: 6 opposed and 1 in favor with Ald. Borgman casting
the yes vote.
Reso. #019-2012 - Resolution to Delay Action Approved in Resolution #003-2012 and
Direction to Parks & Recreation Board to Develop a Park Plan with Development &
Maintenance Costs. Ald. Snead moved for adoption. Ald. Schaumberg seconded.
Discussion:
Ald. Borgman - Reiterated that the resolution makes the assumption that the City is
going to buy the properties. People need to get beyond the fact that these properties
have been predetermined to be a park.
Mayor - The Council did approve an Offer to Purchase. No action will take place until
the issue comes back to the Council. If the action regarding the Offer is rescinded, all
the legal proceedings and costs incurred to date would have to be repeated.
Ald. Fiedler - Stated the resolution indicates the issue has to come back to the Council
to either approve or deny.
Ald. Soltysiak moved to defer to a COW meeting to discuss further and make
revisions if necessary. Ald. Borgman seconded. Motion failed 4 opposed and 3
in favor with Ald. Fiedler, Schaumberg, Werner and Snead voting no and Ald.
Soltysiak, Borgman and Harenda voting yes.
Continued Discussion:
Ald. Snead - The reason she sponsored the resolution was that people wanted more
information prior to the City closing on the properties. She does not support deferral;
the City needs to proceed. Deferral does not accomplish anything.
Ald. Werner - Concurs with Ald. Snead. Deferring is not in the best interest of the
community. This needs to move forward.
Ald. Soltysiak - The resolution focuses on one thing - the Lake Park. It does not
analyze if the park should be done. It justifies it.
Ald. Borgman - Would like this to be deferred until after the new Council is seated.
Ald. Fiedler - Members of the Council as well as the residents have asked how much it
will cost to develop and maintain the park. Adoption of Reso. #019 will provide that
information.
Ald. Harenda moved to remove “a petition for direct legislation, although not a
proper subject matter for direct legislation, has been received, and there is, as
well,” from Paragraph 2. Ald. Soltysiak seconded. Motion failed 5 opposed and 2
in favor with Ald. Fiedler, Schaumberg, Werner, Borgman and Snead voting no
and Ald. Soltysiak and Harenda voting yes.
Ald. Harenda moved to amend Paragraph 8 by removing the words “the
following” and replacing them with “all” and by removing the list of
organizations. There was no second.
Common Council Minutes 4
March 13, 2012
Vote on original Reso. #019-2012: 5 in favor and 2 opposed with Ald. Fiedler,
Schaumberg, Soltysiak, Werner and Snead voting yes and Ald. Borgman and
Harenda voting no.
UNFINISHED BUSINESS (Continued)
Ord. #1351 - An Ordinance to Amend Chapter 17, Sections 4.03, 8.01, 8.38, 9.17,
14.03, 14.06, 15.05 and 16.09, of the Zoning Ordinance of the City of Muskego.
Second Reading. Ald. Fiedler moved for adoption. Ald. Snead seconded. Motion
carried 7 in favor.
Ord. #1353 - An Ordinance to Repeal and Recreate Section 8.35 of Chapter 17, the
Zoning Ordinance of the City of Muskego. Second Reading. Ald. Fiedler stated that the
Community Development Director wants to discuss the proposed ordinance with some
concerned residents. Ald. Fiedler moved to defer. Ald. Harenda seconded. Motion
carried 7 in favor.
Ord. #1354 - An Ordinance to Amend the City of Muskego Official Zoning Map to
Change All EA - Exclusive Agriculture Parcels to A-1 - Agricultural. Second Reading.
Ald. Fiedler moved to defer for the same reason stated for Ord. #1353. Ald.
Harenda seconded. Motion carried 7 in favor.
Ord. #1355 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Schaumberg - A-1 to RC-1). Second Reading. Ald. Schaumberg left the meeting.
Ald. Harenda moved for adoption. Ald. Snead seconded. Motion carried 6 in
favor and Ald. Schaumberg abstaining. Ald. Schaumberg returned.
CONSENT AGENDA
Ald. Snead moved to approve the items under the Consent Agenda. Ald. Werner
seconded. Motion carried 7 in favor.
The following items were approved:
Approval of Operator’s Licenses for Derek Dzbinski, Brett Koth, Austin Lewkowski,
Rachel Mueller and Glen Perry
Common Council Minutes - February 22 and 28, 2012
Reso. #020-2012 - Resolution of Necessity (Woods Road Recreational Trail
Construction)
Reso. #021-2012 - Approval of Two-Party Construction Agreement between Waukesha
County and the City of Muskego
Reso. #022-2012 - Resolution Authorizing the Submittal of a State Grant Application
and the Subsequent Appropriation of City of Muskego Funds for a Municipal Flood
Control Grant Project at W132 S6598 Saroyan Road
Reso. #023-2012 - Approval of Preliminary Plat - Crystal Cove Subdivision
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed: 2/14/2012 Finance Committee and 12/6/2011
Plan Commission.
Common Council Minutes 5
March 13, 2012
LICENSES
Ald. Fiedler moved to approve a Temporary License for the Sale of Fermented
Malt Beverages for Bethlehem Lutheran Church, W124 S9995 North Cape Road,
for April 28, 2012. Ald. Harenda seconded. Motion carried 7 in favor.
VOUCHER APPROVAL
Ald. Schaumberg moved for approval of payment of Utility Vouchers in the
amount of $2,750,089.90. Ald. Fiedler seconded. Motion carried 7 in favor.
Ald. Schaumberg moved for approval of payment of Tax Vouchers in the amount
of $165.46. Ald. Fiedler seconded. Motion carried 7 in favor.
Ald. Schaumberg moved for approval of payment of General Vouchers in the
amount of $376,882.10. Ald. Fiedler seconded. Motion carried 7 in favor.
CITY OFFICIALS’ REPORT
Ald. Fiedler noted that there is one lift of asphalt remaining for Durham Drive, which will
be completed in the next month or two.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Ald. Snead gave an update on Chamber events.
ADJOURNMENT
Ald. Snead moved to adjourn at 8:55 p.m. Ald. Fiedler seconded; motion carried.
Minutes transcribed
by Jill Blenski, Deputy Clerk