COMMON COUNCIL Minutes 20120424
COMMON COUNCIL - CITY OF MUSKEGO Approved: 05/08/2012
MINUTES OF MEETING HELD APRIL 24, 2012
Mayor Chiaverotti called the meeting to order at 7:05 p.m. Present were Ald. Madden,
Soltysiak, Werner, Borgman, Harenda and Wolfe. Also present Director of Public Works
Simpson, Those present recited the Pledge of Allegiance. Recording Secretary
McMullen stated that the meeting was properly noticed.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Chiaverotti proclaimed May 12, 2012 as Migratory Bird Day and May as “Green-
Up Muskego Month.
PUBLIC COMMENT
The following registered to speak under Public Comment:
Judith Stenzel – S69 W14314 Cornell (corner of Cornell and Tess Corners)
Dangerous with traffic coming around corner
Unfair to have land taken away
nd
Ron Lawler – W137 S6955 Clarendon (2 house in from Tess Corners)
Traffic on Tess Corners is heavy in AM and PM when people will be out walking
and riding bikes
Contradicts Green-Up Muskego by cutting down trees to put in a bike path
Old bridge on Tess Corners that is dangerous
How will bike path improve safety?
Deep ditches between Janesville and bridge will not be safe for bike path
Diane Stern – S71 W13382 Woods Road (corner of Woods and Tess Corners)
Too expensive
Dangerous with Fire Department and volunteers speeding to get to Fire Dept.
Destroying trees and shrubs
Will lower property values
Unnecessary
Will cause littering problems
Property will be affected by the path on Woods also
Paula Galten – S69 W14173 Tess Corners Drive
Agrees with previous comments
Against bike path
Cost issues – could spend money better
No one wants it
Safety issues
Some existing paths are in bad condition and should be fixed up (Kurth Park)
Senior complex already has path to St. Paul’s to sidewalk on Tess Corners
Christine Nelson – W143 S6829 Tess Corners
Very passionate not to have path
Large tax payer expense
City has enough paths
Floodplain issues in this area
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April 24, 2012
Steve Pachowitz – W143 S6811 Tess Corners
Is there a need for more bike paths?
Connect other trails
8 foot trail does not make sense
Run off concerns
Is this legal?
Path will be on my property
Roger Kubisiak – W142 S6930 Belmont
Why do we need this?
Floodplain issues
Diminish property value
Property owner’s rights
Taking portion of my property
Doesn’t want path
Issues with dogs barking at people using path
Dan Naverrete – S69 W14080 Tess Corners
In favor of road improvement and drainage improvement
Against 8-ft path
Would like bike width 2 ½ - 3 feet
Traffic increased when Durham Drive closed
Linda Johnson – S68 W14588 Sandy Knoll Ct.
Excited about path
Paths are used
Paths currently do not connect
With road construction is right time
Maybe condense it down
Greater good for the City
Tess Corners is dangerous
Fred Galten – S69 W14173 Tess Corners
40 year homeowner
Speed on Tess Corners is very dangerous
Against path
Outside of curve, where path will be, most dangerous
Rob Glazier – W186 S7588 Kingston
Sympathetic to the residents affected
There is a Rec Trail Plan in place. If construction is halted does the City build any
paths; will be the same arguments
Personally uses the paths
Heidi Lindhorst – S75 W18094 Boszhardt Lane
Asked Council to stop and start redevelopment over; respect property owners
rights
Didn’t know lake park was back until 8 days prior to action
Take time to talk to residents and advise
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April 24, 2012
Rob Glazier – W186 S7588 Kingston
Review 2020 Comp Plan – these two properties were not called out in the 2020
Comp Plan. Suggested not striking access, but only these two parcels.
Marguerite Ingold – S76 W17501 Janesville Road
Speaking on Resolution 049-2012
Saying goodbye to a downtown and destination area
Chance is gone forever
Everyone lost
NEW BUSINESS
Reso. #048-2012 - Resolution Regarding the Construction of the Tess Corners Drive
Pathway from Janesville Road to Woods Road. Ald. Borgman moved for adoption.
Ald. Werner seconded.
Ald Harenda proposed to revisit the trail park system and develop a 5-year plan that will
prioritize the trails and connect existing trails. The whole community should be involved
in the planning process and aware of the 5-year plan.
Mayor Chiaverotti noted that this path came about because the road needed to be
reconstructed. It is much cheaper to install a path when the road is being built than
afterwards. Mayor Chiaverotti also noted that letters inviting residents to a Public
Information meeting were mailed and the meeting was held on December 14, 2011.
There were no major concerns that came from the public meeting and the concerns that
were heard were worked thru.
Ald. Wolfe explained he has talked to the residents and understands how it will affect
them. There are concerns over safety, maintenance, and littering. Ald. Wolfe stated he
would like to see this done correctly. A plan is a guideline and not a rule of what has to
be done. Ald. Wolfe requested this be sent back to the Public Works Committee to look
into further.
Mayor Chiaverotti added there were 82 emails sent from the residents of Stoney Creek
in favor of the path, 29 emails from residents who support the path, 4 emails from
residents who support the path with modifications, and one who was neutral. Ald. Wolfe
stated he has a meeting scheduled with Stoney Creek.
Mayor Chiaverotti and Director Simpson reviewed alternatives:
1- On-Road Shoulders – Additional costs would be $250,000, same if not more tree
loss, push the project back to 2013. (on-road was originally planned due to
comments received from residents at a Park and Recreation Board meeting in
2009. This changed due to poor subsoils).
2- Removal of Path – Redesign cost of $30,000, minor saving of trees, project cost
decrease of $51,000, may delay the project.
3- Reduce path width – Reduce path to 6 feet instead of 8 feet. The Wisconsin
Bicycle Design Manual suggests a width of 10’ with exceptions to 8’. Because
State funds are not being used 6’ could be installed, but here are safety concerns
with 6’.
Ald. Soltysiak suggested two 5-foot paths on each side of the street; which would be
expensive. Another option would be a 5’ or 6’ path on one side of the road that may or
may not be a bike path. Bikes would then ride on the road.
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April 24, 2012
Ald. Werner questioned how much is already invested in this project. Director Simpson
stated $80,000 is already invested. If the project were delayed there would be
additional redesign costs of $6,500 to $50,000.
Ald. Soltysiak suggested the trail plan be pulled from the Park Plan for individual
planning and a public hearing to work through issues and determine priority areas. This
will cost more but will be done right and for the long term.
Ald. Borgman explained the land being used for the path is city owned right of way. Ald.
Borgman also noted that on a street where traffic and speed is a concern not having a
place to walk seems counterintuitive. Ald. Borgman stated he is in in favor of continuing
with the path and plan the City has.
Ald. Werner explained there has been a lot invested in this project since 2009.
Communications to the residents have been out there, engineering costs have been
invested and this is the best time to do the path with the roadway. This is in the City’s
best interest to follow thru with the plan.
Ald. Harenda moved to amend to an on-road shoulder path (alternative #1). Ald.
Wolfe seconded. 4 Opposed and 2 in Favor. Motion failed. Ald. Madden,
Soltysiak, Werner and Borgman voted no. Ald. Harenda and Wolfe voted yes.
Ald. Soltysiak moved to defer to the Public Works Committee to work on
alternatives to address concerns of cost and safety. Ald. Wolfe seconded. 3
Opposed and 3 in Favor. Ald. Madden, Werner, and Borgman voted no. Ald.
Soltysiak, Harenda, and Wolfe voted yes. Mayor Chiaverotti stated she would
vote to break the tie. She stated her vote would be in favor of deferring to the
Public Works Committee. Motion carried.
Reso. #049-2012 - Resolution to Terminate Action Approved by Resolutions #142-2011,
#003-2012 and #019-2012. Ald. Borgman moved for adoption. Ald. Madden
seconded. Ald. Borgman moved to amend to read BE IT FURTHER RESOLVED
that the Common Council of the City of Muskego will remove the reference to the
lake properties in the Park and Conservation Plan and also directs City staff to bring
forth 2020 Comprehensive Plan amendments to possibly remove the “Future Lake
Access” notations from the Plan. Ald. Werner seconded. Motion carried 6 in
favor. Reso. #049-2012, as amended, adopted 6 in favor.
UNFINISHED BUSINESS
Ord. #1358 - An Ordinance to Adopt the 2012 - 2016 Parks and Conservation Plan and
to Amend Chapter 41, Section 41.06, of the Municipal Code of the City of Muskego
(Components of the Comprehensive Plan). Second Reading. Ald. Borgman moved
to amend to remove #13 on page 37 and the last two paragraphs on pages 43 and
44. Ald. Harenda seconded. Motion carried 6 in favor. Ord. #1358, as amended,
adopted 6 in favor.
CONSENT AGENDA
Ald. Werner moved to approve the items under the Consent Agenda engross.
Ald. Borgman seconded. Motion carried 6 in favor.
The following items were approved:
Approval of Operators’ Licenses
Approval of Common Council Minutes - April 10 and April 17, 2012
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April 24, 2012
Reso. #041-2012 Appointment of Aldermen to Various Boards and Commissions
Reso. #042-2012 Appointment of Citizen Members to Various Boards and
Commissions
Reso. #043-2012 Re-Approval of Certified Survey Map - Birkley
Reso. #044-2012 Award of Bid - Ryan Creek Interceptor Force Main
Reso. #045-2012 Declaring Certain Weeds to be Noxious
Reso. #046-2012 Appointment of Weed Commissioner for the City of Muskego
Reso. #047-2012 Approval of Distribution Easements and Roadway Reimbursement
Agreement for Pioneer Drive Reconstruction
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed; 3/27/2012 Finance Committee, 3/12/2012 Parks
& Recreation Board, and 3/29/2012 Community Development Authority.
LICENSES
Ald. Soltysiak moved to approve the Outside Dance Permit for Tres Locos, W172 SS7505
Lannon Drive for May 4 and May 5, 2012. Ald. Harenda seconded. Motion carried 6 in
favor.
VOUCHER APPROVAL
Ald. Borgman moved for approval of payment of Utility Vouchers in the amount of
$303,635.87. Ald. Soltysiak seconded. Motion carried 6 in favor.
Ald. Borgman moved for approval of payment of Tax Vouchers in the amount of
$424.22. Ald. Soltysiak seconded. Motion carried 6 in favor.
Ald. Borgman moved for approval of payment of General Vouchers in the amount
of $210,126.86. Ald. Soltysiak seconded. Motion carried 5 in favor with Ald.
Madden abstaining.
Ald. Borgman moved for approval of payment of Big Muskego Lake Vouchers in
the amount of $1,270.00. Ald. Soltysiak seconded. Motion carried 6 in favor.
Ald. Borgman moved for approval of payment of Wire Transfers in the amount of
$1,042,928.05. Ald. Soltysiak seconded. Motion carried 6 in favor.
CITY OFFICIALS’ REPORT
The May calendar was reviewed. There will be a special Public Works meeting prior to
the regular meeting. Ald. Werner will work with Director Simpson to set a date.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
None.
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
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April 24, 2012
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 6-0.
The Recording Secretary was not present for the closed session.
OPEN SESSION
Ald. Borgman moved to reconvene into open session. Ald. Soltysiak seconded;
motion carried.
ADJOURNMENT
Ald. Borgman moved to adjourn at 10:19 p.m. Ald. Soltysiak seconded; motion
carried.
Respectfully Submitted,
Kellie McMullen
Recording Secretary