COMMON COUNCIL Minutes 20120327
COMMON COUNCIL - CITY OF MUSKEGO Approved: 04/10/2012
MINUTES OF MEETING HELD MARCH 27, 2012
Mayor Chiaverotti called the meeting to order at 7:00 p.m. Present were Ald. Fiedler,
Schaumberg, Soltysiak (arrived at 7:05), Werner, Borgman, Harenda and Snead, Parks
and Recreation Director Anderson and Deputy Clerk Blenski. Those present recited the
Pledge of Allegiance. The Deputy Clerk stated that the meeting was properly noticed
on March 23.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
April was proclaimed “Fair Housing Month” by Mayor Chiaverotti.
Reso. #025-2012 - Expressing Appreciation to Noah Fiedler. Ald. Werner moved for
adoption. Ald. Snead seconded. Motion carried 6 in favor and Ald. Fiedler
abstaining. Mayor Chiaverotti presented the resolution to Ald. Fiedler and expressed
her gratitude to him for his service. The remaining Council members also expressed
their appreciation to Ald. Fiedler.
Mayor Chiaverotti gave updates on some of the City’s projects. She clarified some
misunderstandings regarding the borrowing. The City borrowed $14.5 million for the
following projects: Durham Drive - $3.2 million, Janesville Road - a little over $7 million,
Pioneer Drive - $2.5 million, Borst Property - $840,000 less the anticipated grant
funding, Woods Road Trail $625,000, Contingency - $176,000. The Mayor stated that
the numbers were estimates. She encouraged everyone to vote on April 3.
PUBLIC COMMENT
No one registered to speak.
NEW BUSINESS
Eileen Madden and Deborah Tomczyk were present as applicants for the District 7
Alderperson position. The third applicant, Lawrence Jansen, could not be present. The
Mayor stated that because there were three applicants, the City Attorney recommended
having a primary vote to narrow the field to two candidates. She requested that only the
candidate being interviewed by the Council be present and that the other leave the
room. The Aldermen asked each candidate a series of questions. Ald. Harenda
requested that the responses submitted by Mr. Jansen be read. Mayor Chiaverotti
thanked all three of the applicants for their interest in the position. Paper ballots were
distributed; the Mayor noted that the ballot had to be signed.
On the primary ballot, the following candidates advanced:
Eileen Madden Voted by Ald. Snead, Werner and Schaumberg
Deborah Tomczyk Voted by Ald. Harenda, Borgman and Soltysiak
The following votes were then cast:
Eileen Madden Voted by Ald. Snead, Werner and Schaumberg
Deborah Tomczyk Voted by Ald. Harenda, Borgman and Soltysiak
Common Council Minutes 2
March 27, 2012
The Mayor stated she would vote to break the tie. She stated her vote was for Eileen
Madden because she had served as Alderman of the District before and she has
significant experience with the landfill issues.
CLOSED SESSION
The Mayor announced that the Council would convene into closed session. 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. Soltysiak seconded. Motion carried 7-0. City Attorneys Remzy Bitar
and Val Anderson were present.
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 potential litigation against necessary parties regarding wireless 911
service. Ald. Soltysiak seconded. Motion carried 7-0. Police Chief Geiszler, IT
Director Wisniewski and City Attorney Eric Larson were present.
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 properties per approved Resolution #148-2011
(Boxhorn Launch). Ald. Soltysiak seconded. Motion carried 7-0. Parks &
Recreation Director Anderson was present.
The Deputy Clerk was not present for the closed sessions.
OPEN SESSION
Ald. Borgman moved to reconvene into open session. Ald. Werner seconded;
motion carried.
NEW BUSINESS (Continued)
Reso. #026-2012 - Offer to Purchase - Boxhorn Launch. Ald. Soltysiak moved for
adoption. Ald. Schaumberg seconded. Ald. Fiedler moved to amend the
purchase price from $189,500 to $170,000. Ald. Werner seconded. Motion carried
7-0. Reso. #026-2012, as amended, adopted 7 in favor.
Reso. #027-2012 - Resolution Authorizing Commencement of Legal Proceedings
Against All Necessary Parties in Order to Deploy Phase I and Phase II Wireless 911
Service to the City of Muskego Public Safety Answering Point. Ald. Soltysiak moved
for adoption. Ald. Borgman seconded. Ald. Fiedler moved to amend to insert
“June 1, 2012” date on page 3. Ald. Soltysiak seconded. Motion carried 7-0.
Reso. #027-2012, as amended, adopted 7 in favor.
UNFINISHED BUSINESS
Common Council Minutes 3
March 27, 2012
Discussion of Borst Property Acquisition.
The Mayor noted that Ms. Borst was present. There have been multiple closings
scheduled; however, the City has still not finalized acquisition of the property. The
property owner has requested several changes, which has caused delays and
increased the legal costs. There is a closing scheduled for this Friday. The Mayor
stated that if the closing does not take place, she will bring the issue back to the
Council. Ald. Soltysiak stated he believes all the issues have been resolved. The
consensus was that the Mayor would move forward and if the closing does not take
place, the issue would be brought back to the Council.
CONSENT AGENDA
Ald. Werner 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 Darci Bazan, Julie Bennett, Alma Frye, Diane
Grund, Ralph Llanas, Chloe Schram and Jamie Zelechowski
Common Council Minutes - March 13, 2012
Reso. #028-2012 - Approval of Agreement between the City of Muskego and Water
Bugs Ski Team, Inc. for Placement of Water Ski Jump on Little Muskego Lake
Reso. #029-2012 - Approval of Agreement for Placement of Pier at Idle Isle - Water
Bugs Ski Team
Reso. #030-2012 - Appointment of Citizen Member to Parks & Recreation Board
Reso. #031-2012 - Resolution Authorizing the Mayor to Approve Vouchers
Reso. #032-2012 - Relocation Order of the City of Muskego, Waukesha County,
Wisconsin (Pioneer Drive Reconstruction)
Reso. #033-2012 - Approval of Funding Agreement MU04 between the City and MMSD
for Private Property Infiltration and Inflow Reduction Program
Reso. #034-2012 - Approval of Amendment to Agreement between R.A. Smith National,
Inc. and the City of Muskego for the Reconstruction of Pioneer Drive
Reso. #035-2012 - Approval of Amendment to Agreement between Foth Infrastructure
& Environment, LLC and the City of Muskego for the Reconstruction of Tess Corners
Drive
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed: 2/28/2012 Finance Committee, 2/13/2012 Parks
& Recreation Board and 2/20/2012 Public Works Committee.
VOUCHER APPROVAL
Ald. Schaumberg moved for approval of payment of Utility Vouchers in the
amount of $50,441.21. Ald. Fiedler seconded. Motion carried 7 in favor.
Ald. Schaumberg moved for approval of payment of Tax Vouchers in the amount
of $201.17. Ald. Fiedler seconded. Motion carried 7 in favor.
Ald. Schaumberg moved for approval of payment of General Vouchers in the
amount of $239,102.98. Ald. Fiedler seconded. Motion carried 7 in favor.
Common Council Minutes 4
March 27, 2012
Ald. Schaumberg moved for Wire Transfers for Debt Service in the amount of
$486,156.25. Ald. Fiedler seconded. Motion carried 7 in favor.
CITY OFFICIALS’ REPORT
The April calendar was reviewed.
Ald. Fiedler expressed his gratitude for the ability to serve on the Council as the
representative of District 7 for the past five years.
ADJOURNMENT
Ald. Snead moved to adjourn at 10:10 p.m. Ald. Fiedler seconded; motion carried.
Minutes taken and transcribed
by Jill Blenski, Deputy Clerk