COMMON COUNCIL Minutes - 4/10/2018
Unapproved
CITY OF MUSKEGO
COMMON COUNCIL MINUTES
April 10, 2018
7:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 7:00 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,
Utilities Superintendent Kloskowski 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 read Proclamations for Fair Housing Month and Arbor Day.
PUBLIC COMMENT - None
NEW BUSINESS
Resolution #026-2018 - Disallowance of Claim - Ms. Jane Flores-Schimke
Alderman Kubacki made a motion to approve. Alderman Madden seconded.
Attorney Tony Conlin of Statewide Services, Inc. was present. He acknowledged that a sewer
backup is very devastating. There is no dispute as to what happened and the damages that
the homeowners suffered. The investigation done by Statewide Services revealed no
negligence on the part of the City and no legal liability. Statewide Services is recommending
the claims be disallowed.
Alderman Borgman stated that despite Statewide Services’ position, there should be a
reasonable expectation that a sewer system will function properly.
Alderman Kubacki stated the situation is unfortunate but the City is not at fault. Approving this
would put the City in a tremendous amount of jeopardy in the processing of similar future
claims.
Attorney Conlin noted that the City's liability policy does have a $25,000 deductible. If the City
was legally liable, it would be responsible for paying these particular claims. Mayor Chiaverotti
stated homeowners can obtain sewer backup insurance, which Alderman Borgman stated
does not prevent the situation from occurring.
Alderman Engelhardt understands what is being said about the City not being legally liable, but
believes this a moral obligation.
Resolution #026-2018 was approved 5 to 2 with Aldermen Borgman and Engelhardt
voting no.
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April 10, 2018
Resolution #027-2018 - Disallowance of Claim - Mr. Kris Gottinger
Alderman Kubacki made a motion to approve. Alderman Hammel seconded.
Resolution #027-2018 was approved 5 to 2 with Alderman Borgman and Engelhardt
voting no.
CONSENT AGENDA
Alderman Kubacki made a motion to approve all items. Alderman Engelhardt
seconded; motion carried. The following were approved:
Approve Acquisition Contracts and Authorize Signatures for Budget Approved Expenditures
Over $50,000.00 - Idle Isle Park Cameras ($60,100.00) and SFA Patrol Truck and Equipment
($184,568.50)
Common Council Minutes - March 13, 2018
Operator Licenses for Joanne Brackmann, Brooke Brueser, Casey Coulter, Riley Everett,
Paula Henneberry, Dara Hoberg, Kathleen Fetek, Kristine Gomez-Delatorre, Christine
Rozewicz, Sarah Sadler and Dylan Schneider
Resolution #028-2018 - Resolution to Approve the City of Muskego Annual MS-4 Report for
2017
Resolution #029-2018 - Approval of Pinnacle Peak Properties, LLC Developer's Agreement
Resolution #030-2018 - Award of Bid - 2018 Tennis Court Projects
Resolution #031-2018 - Appointment to Board of Review
Resolution #032-2018 - Approval of Certified Survey Map - Weltz
UNFINISHED BUSINESS
Ordinance #1414 - An Ordinance to Amend the Zoning Map of the City of Muskego (John
Jewell - B-3 to DR-1). Second Reading.
Alderman Madden made a motion to approve. Alderman Engelhardt seconded;
motion carried.
REVIEW OF COMMITTEE REPORTS
Finance Committee - February 27, 2018
LICENSE APPROVAL
Approval of Class A Dance Hall License and "Class B" Retailers' License for the Sale of
Fermented Malt Beverages and Intoxicating Liquor - Coach's on the Lake, LLC, W198 S10857
Racine Avenue, Mario Mussatti Agent. Outside area, excluding parking lot, to be licensed until
11:00 p.m.
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April 10, 2018
Alderman Kubacki made a motion to approve. Alderman Hammel seconded; motion
carried.
Action Regarding Operator License Application: Haylee Wojtczak
Alderman Kubacki made a motion to deny the license based on the discussion that
took place at the Finance Committee. Alderman Hammel seconded; motion carried.
VOUCHER APPROVAL – March 27, 2018
Utility Vouchers
Alderman Wolfe made a motion to approve Utility Vouchers in the amount of
$18,954.79. Alderman Madden seconded; motion carried.
General Fund Vouchers
Alderman Wolfe made a motion to approve General Fund Vouchers in the amount of
$399,413.49. Alderman Kapusta seconded; motion carried.
Wire Transfers for Debt Service
Alderman Wolfe made a motion to approve Wire Transfers for Debt Service in the
amount of $1,185,172.38. Alderman Madden seconded; motion carried.
Wire Transfers for Payroll/Invoice Transmittals
Alderman Wolfe made a motion to approve Wire Transfers for Payroll/Invoice
Transmittals in the amount of $339,878.82. Alderman Hammel seconded; motion
carried.
VOUCHER APPROVAL – April 10, 2018
Utility Vouchers
Alderman Wolfe made a motion to approve Utility Vouchers in the amount of
$19,347.82. Alderman Madden seconded; motion carried.
Tax Vouchers
Alderman Wolfe made a motion to approve Tax Vouchers in the amount of $213.95.
Alderman Hammel seconded; motion carried.
General Fund Vouchers
Alderman Wolfe made a motion to approve General Fund Vouchers in the amount of
$960,500.35. Alderman Engelhardt seconded; motion carried.
Wire Transfers for Payroll/Invoice Transmittals
Alderman Wolfe made a motion to approve Wire Transfers for Payroll/Invoice
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April 10, 2018
Transmittals in the amount of $325,154.22. Alderman Hammel seconded; motion
carried.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Mayor Chiaverotti reminded the Council that the Organizational Meeting was scheduled for
Tuesday, April 17, 2018 at 6:00 p.m.
CLOSED SESSION
Alderman Borgman made a motion 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:
-- Contract with Magill Construction for the DPW Remodeling Project
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 Madden seconded. Motion carried 7 in favor.
OPEN SESSION
Alderman Borgman made a motion to reconvene into Open Session. Alderman Kubacki
seconded; motion carried.
ADJOURNMENT
Alderman Borgman made a motion to adjourn at 8:22 p.m. Alderman Kubacki
seconded; motion carried.
Minutes taken and transcribed by Jill Blenski, Deputy Clerk.