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COMMON COUNCIL Minutes - 4/9/2019 Approved CITY OF MUSKEGO COMMON COUNCIL MINUTES April 9, 2019 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 6:54 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, Public Works Superintendent Beilfuss, Recreation Manager Dunn, Planner Trzebiatowski, Conservation Coordinator/City Forester Zagar 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 registered to speak regarding Resolution #029-2019: Ed Horwath, W208 S8253 Hillendale Drive Tara Ferris, W210 S8349 Fireside Court Heidi Serraino, W128 S8781 Harrington Court Greg Schaal, S77 W16852 Bridgeport Circle Rich Gray, S80 W17307 Haven Drive The following registered against Resolution #029-2019, but did not wish to speak: Kurt Barry, S71 W16870 Foxcroft Court Art Benotti, S79 W16940 Green Street David Brandstatter, W176 S8661 Nature Court Julie Grotophorst, S90 W13044 Boxhorn Drive James Haas, S84 W12854 Blue Heron Lane Jason Henneberry, W192 S9555 Racine Avenue Michael Schepp, W151 S6561 Glenbrook Drive CONSENT AGENDA Mayor Chiaverotti removed Resolution #029-2019 from Consent. Alderperson Borgman moved to approve the remaining items. Alderperson Madden seconded. Motion carried 7 in favor. The following were approved: An Operator License for Desiree Bowen Common Council Minutes – March 26, 2019 Common Council Minutes 2 April 9, 2019 Resolution #025-2019 – Certified Survey Map - Jahns Resolution #026-2019 – Award of Bid – 2019 Road Improvement Program Resolution #027-2019 – Agreement Between the City of Muskego and Component Brewing Company, LLC to Operate a Beer Garden Resolution #028-2019 – Award of Bid – Baylane Watermain Project NEW BUSINESS Resolution #029-2019 – Award of Bid for Parks, Boulevards, Terraces, and Facility Landscaping and Maintenance and Athletic Field Renovation and Game Day Preparation. Alderperson Kubacki moved to approve. Alderperson Madden seconded. Director Kroeger presented the following timeline: In July 2017, the City and all leagues received notice that Beilfuss Corporation would no longer provide field prep services. An advertisement was done in early 2018 to find a new field service provider; however, no bids were received. Staff proposed hiring seasonal employees to perform baseball field game prep for 2018, which was approved by the Finance Committee. All organizations were notified that the plan going forward for 2019 was that game day field prep would be included with the bid for landscaping, weed eradication and maintenance. The City noted that there was no guarantee the cost for field prep would remain the same. Three bids were received with Happy Mower being the apparent low bidder. The City has to either accept or reject the bids. An item that was included in the bid cannot be removed from the contract. If the bids are rejected, the process has to start over. Timing is a concern as well as the submitted bid amounts are now public knowledge. Alderperson Engelhardt stated he would be abstaining from the discussion and vote because he is a close associate of the owner of the Happy Mower. It was noted that the contractor would only do the game day preparation on an as- needed basis. Alderperson Borgman stated that provides a way for the leagues to control costs. Director Kroeger stated that scheduling can also be used as a way to reduce the amount of game preparations. Mr. Rich Gray was allowed to respond. Allowing organizations to prep the fields was also discussed. Several issues were expressed regarding that option including liability and the loss of control. Director Kroeger stated there are standards in place to make sure the fields are properly maintained and safe. Alderperson Kubacki stated that the Council has to look at the scope of the bid. This is not just about the preparation of fields. Director Kroeger noted that the company that is awarded the bid can subcontract portions of the work out. Alderperson Kapusta supported rejecting the bid. Director Kroeger expressed concern with rejecting the bid. The work must be done. Rejecting the bid would adversely affect the City and a multitude of organizations. Mayor Chiaverotti also stated rejection would be problematic and unfair to all taxpayers. Alderperson Kubacki stated there is a favorable bid on the table and he does not want to put the City or taxpayers at risk by rebidding the project. He called for the question. The Mayor stated that the Council members should vote. Alderperson Wolfe Common Council Minutes 3 April 9, 2019 expressed his opposition to ending discussion. Motion carried 5 in favor with Alderperson Kapusta voting no and Alderperson Engelhardt abstaining. The Mayor thanked all those present for their attendance. REVIEW OF COMMITTEE REPORTS Plan Commission – March 5, 2019 Finance Committee – March 12, 2019 FIRST READING OF ORDINANCE Ordinance #1428 – An Ordinance to Amend Chapter 294 of the Municipal Code of the City of Muskego Regarding Sexual Offender Residency and Loitering Restrictions within the City of Muskego VOUCHER APPROVAL Utility Vouchers Alderperson Madden made a motion to approve Utility Vouchers in the amount of $101,343.78. Alderperson Wolfe seconded. Motion carried 7 in favor. General Fund Vouchers Alderperson Wolfe made a motion to approve General Fund Vouchers in the amount of $231,701.00. Alderperson Kubacki 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 $328,893.76. Alderperson Hammel seconded. Motion carried 7 in favor. COMMUNICATIONS AND MISCELLANEOUS BUSINESS – None CLOSED SESSION Alderperson Borgman moved to convene into Closed Session pursuant to the following: 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: Sons of Union Veterans of the Civil War, Department of Wisconsin, written request for maintenance of Luther Parker Cemetery, and its relation to the decision handed down in the Waukesha County Circuit Court, Sons of Union v. City of Muskego, Case #17-CV-000606 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 Common Council Minutes 4 April 9, 2019 rejection of the above-listed deliberations or any of the public agenda items that have not been acted upon. Alderperson Engelhardt seconded. Motion carried 7 in favor. OPEN SESSION Alderperson Borgman moved to reconvene into Open Session. Alderperson Engelhardt seconded. Motion carried 7 in favor. Resolution #030-2019 - Resolution Regarding Continued Maintenance of Luther Parker Cemetery. Alderperson Hammel moved to approve. Alderperson Engelhardt seconded. Motion carried 7 in favor. ADJOURNMENT Alderperson Madden made a motion to adjourn at 8:25 p.m. Alderperson Borgman seconded. Motion carried 7 in favor. Minutes taken and transcribed by Jill Blenski, Deputy Clerk.