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COMMON COUNCIL Minutes - 8/22/2017 Approved CITY OF MUSKEGO COMMON COUNCIL MINUTES August 22, 2017 7:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 7:14 p.m. ROLL CALL Present: Aldermen Wolfe, Hammel, Borgman, Kapusta, Engelhardt, Kubacki and Madden. Also present: City Attorney Warchol, Director of Public Works and Development Kroeger and Deputy Clerk Blenski. STATEMENT OF PUBLIC NOTICE The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law. COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor Chiaverotti stated that the Common Council would convene into Closed Session first. She apologized to all those present for any inconvenience. Public Comment will be heard following the closed session. CLOSED SESSION Alderman Borgman moved to convene into Closed Session pursuant to: Following conclusion of consideration of the above portion of its regularly scheduled agenda, the Common Council will meet to vote on a motion to convene in Closed Session for discussion/action relative to: --Current Litigation - Christoforo and Anna La Marca vs. the City of Muskego --Notice of Claim of Christoforo and Anna La Marca and to take such further action as may be necessary and appropriate with respect to such matters. A Closed Session for the above purpose is authorized pursuant to the provisions of 19.85(1)(g) Wis. Stats., 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. Upon conclusion of the Closed Session, the Common Council will convene in Open Session to consider its public agenda, including motions to recommend approval or rejection of the above- listed deliberations or any of the public agenda items that have not been acted upon. Alderman Kubacki seconded. Motion carried 7 in favor. Attorney Braithwaite, legal counsel for the City, was present for closed session. Common Council Minutes 2 August 22, 2017 OPEN SESSION Alderman Borgman made a motion to reconvene into Open Session. Alderman Madden seconded; motion carried. PUBLIC COMMENT The following individuals registered to speak: Steve Olson, S74 W19088 Bay Court Jim Anderson, S75 W17792 Harbor Court Kris Gottinger, S66 W18175 Muskego Drive Jon Simons, W176 S7517 Harbor Circle Jim Gillespie, W187 S6974 Gold Drive Brian Volkman, S72 W17483 Schubring Drive Patrick Moore, W188 S7634 Oak Grove Drive Doreen Foyer, S68 W18089 Island Drive Heidi Lindhorst, S75 W18094 Boszhardt Lane Lorie Oliver, S75 W17674 Harbor Circle Tom Reck, W180 S6701 Muskego Drive Debra Bolton, W186 S7543 Kingston Drive Bob Bueckers, W186 S6790 Jewel Crest Drive The majority of the individuals that spoke were in favor of the drawdown. However, some expressed concerns and felt that there were unanswered questions. Several residents that favored the drawdown wanted the City to accept responsibility for some of the costs. The following individual registered in favor of the drawdown, but did not wish to speak: Michael Larsen, S71 W17637 Lake Drive CONSENT AGENDA Alderman Kubacki made a motion to approve the Consent Agenda items. Alderman Hammel seconded. Motion carried 7 in favor. The following were approved: Operator Licenses for Rebecca Albert, Justin Bhatti, Alicia Bourdo, Adam Cervantes, David Fischbach, Jenna Gleason, William Rupp, and Kevin Webster August 8, 2017 Common Council Minutes Resolution 070-2017 - Approval of Pop-Up Beer Garden Agreement between the City of Muskego and Raised Grain Brewing Company NEW BUSINESS Resolution #071-2017 - Resolution as to the Little Muskego Lake Drawdown. Mayor Chiaverotti read the Resolution. Alderman Kubacki made a motion to approve Resolution #071-2017 with Option A (Approval of the Drawdown). Alderman Engelhardt seconded. Alderman Borgman acknowledged that the project is important for preservation of the lake. He noted that there are also many concerns. He questioned the early start date for the drawdown. Common Council Minutes 3 August 22, 2017 Heidi Bunk of the Wisconsin DNR was present. She provided information regarding the project, including the September 5 start date. Director Kroeger reviewed the nine conditions required by the DNR. The City was not aware of the conditions until correspondence was received on August 1, 2017. City Attorney Warchol recommended that the Council listen to the people as well as staff. Make sure the City can meet the conditions imposed by the DNR. Aldermen Kapusta, Engelhardt and Kubacki expressed support. The following points were made:  The City needs to work with and trust its partners, the Lake District and the DNR, on this project.  This will benefit the City as a whole.  It is not easy, but we need to manage it and make it work.  This has been an ongoing issue. Alderman Madden stated her concerns regarding the timing and the impact on staff and other City projects. She would prefer to revisit in the future. Mayor Chiaverotti agreed that there are a lot of concerns. She believes this is a good opportunity, but the timing is difficult. In addition, nothing has been budgeted for this project; other projects will be delayed because the drawdown will take precedence. There is no plan in place for the City to deal with all the requirements. Alderman Wolfe also expressed many questions and concerns:  Are we just sending the species to another area?  This project is a pilot/test.  Apparently communication among Lake District residents has been an issue.  Are we moving too fast?  Future liability is a concern.  Effect on wells? Ms. Bunk read a statement regarding wells. She stated that a seven foot drawdown may not be achieved. Mr. Kroeger stated the City will monitor this project nonstop to reduce the liability. This will take staff to accomplish. There will be costs associated with this project that the Lake District will incur. He recommended a Letter of Credit in the amount of $50,000 be provided. Alderman Engelhardt stated the conditions are straightforward and are not insurmountable. The results are important because this is an experiment. Mayor Chiaverotti reiterated the financial impact that the Lake District will have if the Common Council approves the drawdown. Motion passed 6 in favor and Alderman Madden voting no. Common Council Minutes 4 August 22, 2017 REVIEW OF COMMITTEE REPORTS Finance Committee - July 25, 2017 Parks and Conservation Committee - June 6, 2017 Public Safety Committee - May 11, 2017 LICENSE APPROVAL Approval of Operator License for Brooke Berthelsen Alderman Kubacki made a motion to approve an Operator License for Brooke Berthelsen with a review every six months as recommended by the Finance Committee. Alderman Borgman seconded. Motion carried 7 in favor. VOUCHER APPROVAL Utility Vouchers Alderman Wolfe made a motion to approve Utility Vouchers, in the amount of $42,844.29. Alderman Hammel seconded. Motion passed 7 in favor. Tax Vouchers Alderman Wolfe made a motion to approve Tax Vouchers in the amount of $28,778.68. Alderman Madden seconded. Motion passed 7 in favor. General Fund Vouchers Alderman Wolfe made a motion to approve General Fund Vouchers in the amount of $384,392.50. Alderman Kubacki seconded. Motion passed 7 in favor. Wire Transfers for Debt Service Alderman Wolfe made a motion to approve Wire Transfers for Debt Service in the amount of $80,156.25. Alderman Engelhardt seconded. Motion passed 7 in favor. Wire Transfers for Payroll/Invoice Transmittals Alderman Wolfe made a motion to approve Wire Transfers for Payroll/Invoice Transmittals in the amount of $321,887.57. Alderman Kapusta seconded. Motion passed 7 in favor. ADJOURNMENT Alderman Hammel made a motion to adjourn at 9:16 p.m. Alderman Engelhardt seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk.