COMMON COUNCIL Minutes - 11/13/2018
Unapproved
CITY OF MUSKEGO
COMMON COUNCIL MINUTES
November 13, 2018
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:01 p.m.
ROLL CALL
Present: Alderpersons Wolfe, Hammel, Borgman, Kapusta, Engelhardt, Kubacki and Madden.
Also present: City Attorney Warchol, Public Works and Development Director Kroeger,
Planning Manager Trzebiatowski 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 – None
PUBLIC COMMENT
The following individuals spoke regarding the connection of Bellview Drive to Bay Lane Drive:
Pat Niemann Jean Satorius
John Boehler Jaymie Ganas
Bob Dutscheck Don Smith
Mike Decker Mary Lewandowski
Greg Maczka
The following individuals registered but did not wish to speak:
Sandra Berger Doug Lewandowski
Diane Dominski Barb Maczka
Michael DuPlanty Greg Niemann
Melody Erblich Monica Peavy
William Erblich Jerome Satorius
David Grinder Kurt Satorius
Gene Hass Carole Schacht
Matt Hintz David Schacht
Matthew Krabbenhoft Amy Schneider
(All were not in favor of connecting Bellview Drive to Bay Lane Drive.)
CONSENT AGENDA
Alderperson Borgman moved to approve. Alderperson Hammel seconded. Motion
carried 7 in favor. The following were approved:
Common Council Minutes – October 22, 2018
Operator Licenses for Ryan Lovald and Dakota Martinez
Resolution #095-2018 – Approval of Amendment to Deposit and Forfeiture Schedule
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November 13, 2018
Resolution #096-2018 – Final Release of Letter of Credit for Belle Chasse Subdivision
Additions #2 and #3
NEW BUSINESS
Resolution #097-2018 – Resolution Directing Staff to Initiate the Procedure to Vacate the Right-
of-Way Between Bellview Drive and Bay Lane Drive. Alderperson Hammel moved to
approve. Alderperson Borgman seconded. Discussion took place. Several pros and cons
were stated. Mayor Chiaverotti noted that if the right-of-way is vacated, the decision is
permanent. She encouraged the Council to think about the future, which is unknown at this
time. Attorney Warchol stated the vacation can be done; there is a legal process that needs to
be followed. However, it appears the roads have been this way for a long time. The Council
may want to consider leaving Bellview Drive as is and not to proceed with the vacation.
Alderperson Kapusta stated the people in the area are fine with the way the roads are. The
Council should not dismiss that when making a decision. Alderperson Kubacki moved to
amend to not connect Bellview Drive to Bay Lane Drive and not vacate the right-of-way.
Alderperson Madden seconded. Motion carried 7 in favor. Resolution #097-2018, as
amended, adopted 7 in favor.
UNFINISHED BUSINESS
Ordinance #1422 – An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of
the City of Muskego (PI-1 to B-3 for a Portion of Tax Key Number 2196.976). Second Reading.
Alderperson Madden moved to approve. Alderperson Engelhardt seconded. Motion
carried 7 in favor.
REVIEW OF COMMITTEE REPORTS
Finance Committee – October 9, 2018
Plan Commission – October 2, 2018
Parks and Conservation Committee – October 2, 2018
FIRST READING OF ORDINANCES
Ordinance #1423 - An Ordinance to Amend Chapter 263-22 of the City of Muskego Municipal
Code (Disposal of Abandoned or Unclaimed Personal Property).
Ordinance #1424 - An Ordinance to Amend Chapter 263-23 of the City of Muskego Municipal
Code (Use of Cigarettes, Nicotine, Tobacco and Vapor Products Restricted).
VOUCHER APPROVAL
Utility Vouchers
Alderperson Wolfe made a motion to approve Utility Vouchers in the amount of
$52,053.09. Alderperson Hammel seconded. Motion carried 7 in favor.
General Fund Vouchers
Alderperson Wolfe made a motion to approve General Fund Vouchers in the amount
of $1,160,724.39. Alderperson Madden seconded. Motion carried 7 in favor.
Wire Transfers for Payroll/Invoice Transmittals
Alderperson Wolfe made a motion to approve Wire Transfers for Payroll/Invoice
Transmittals in the amount of $333,343.28. Alderperson Kubacki seconded. Motion
carried 7 in favor.
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November 13, 2018
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
None
CLOSED SESSIONS
Alderperson Madden 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: Boxhorn Pole Barn Facility Lease and Eviction Update
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.
Alderperson Wolfe seconded. Motion carried 7 in favor.
Alderperson Engelhardt 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: Walmart vs. City of Muskego Proposed Settlement Regarding
2017 and 2018 Tax Assessments 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.
Alderperson Hammel seconded. Motion carried 7 in favor. Attorney Susan Allen and
Assessor Mark Link were present for this Closed Session.
OPEN SESSION
Alderperson Kubacki moved to convene into Open Session. Alderperson Madden
seconded; motion carried.
ADJOURNMENT
Alderperson Kubacki made a motion to adjourn at 7:35 p.m. Alderperson Madden
seconded; motion carried.
Minutes taken and transcribed by Jill Blenski, Deputy Clerk.
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November 13, 2018