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CCM20210323CITY OF MUSKEGO Approved COMMON COUNCIL MINUTES March 23, 2021 6:00 PM Muskego City Hall W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:05 p.m. ROLL CALL u�c4 of MVSKEGO Present: Alderpersons Wolfe, Hammel, Terrence, Kubacki, and Madden. Also present: City Attorney Warchol, Public Works & Development Director Kroeger, and Administrative Assistant Crisp. Absent: Alderpersons Engelhardt and Kapusta. PUBLIC MEETING NOTICE Ms. Crisp stated that the meeting was noticed in accordance with the open meeting law. PUBLIC COMMENT None COMMUNICATIONS FROM THE MAYOR'S OFFICE Submittal of City of Muskego MS4 Permit to the DNR. Mayor Petfalski read a statement: The City of Muskego must annually submit a MS4 (Municipal Separate Storm Sewer System) permit to Wisconsin DNR by March 31, of each year. The City of Muskego has submitted their MS4 permit. A stipulation of this permit is to inform/notify elected officials of this MS4 permit as well as posting it to the City of Muskego website. CONSENT AGENDA Alderperson Kubacki moved to approve the items under Consent Agenda except for Resolution #029-2021. Alderperson Madden seconded; motion carried. The following were approved: Approval of Minutes - March 9, 2021 Approval of Operator Licenses for Savannah Dembosky, Joshua Overlee, and Lauren Wessel. Resolution #027-2021 - Approval of Facilities Use Agreement between the Muskego-Norway School District and the City of Muskego Resolution #028-2021 - Approval of Developer's Agreement for PEGARL LLP Resolution #030-2021 - Award of Bid for 2021-2022 Parks, Boulevards, Terraces and Facility Landscaping and Game Day Field Preparation Resolution #035-2021 - Approval of Cobblestone Court Developer's Agreement Common Council Minutes 2 March 23, 2021 NEW BUSINESS Resolution #029-2021 - Establishing Traffic Regulations (No Parking Signs - Park Drive) Alderperson Kubacki moved to approve. Alderperson Madden seconded. Ald. Kubacki stated that the Police Chief commented that no one has ever called the Police Department regarding trespassers on their beach. The Chief suggested that if this happens again, they should call the police and appropriate action will be taken whether citing or speaking with them. Most of the time that will deter the trespassing. No Parking signs would cause a lot of problems for those series of homes on the east side of Park all the way down to Lake Street and from Lake Street going south. We should hold off for now; we can put up signs if it does become a problem. Ald. Hammel questioned whether No Parking signs will stop someone from trespassing. However, having No Parking signs is another tool in their tool belt. We can put up the signs now and review this after the 4th of July weekend after a busy weekend. However, it was mentioned that putting up signs and then taking them down again is not a good idea. Ald. Madden heard someone say that the people across the street can park there because the police can check their plates and see that they live there in which case they would not be ticketed. However, that is not the case. She agrees that it should be deferred and let the police do their job when they get complaints. Mayor Petfalski suggested it be deferred until the July or August meeting. If there is going to be problems in that area, it is going to happen by then. Then the Council Members can act appropriately if they think this is a tool to use or they can deny it at that point. Alderperson Kubacki made a motion to defer Resolution #029-2021 until the first meeting in August; Alderperson Terrence seconded; motion to defer carried. Resolution #032-2021 - A Resolution to Terminate Tax Incremental Districts Numbers 8 and 9 (Roll call vote required.) Alderperson Wolfe moved to approve. Alderperson Madden seconded. Motion carried 5 in favor. Resolution #033-2021 - Recognition of Police Chief Richard Rens Service to the City. Alderperson Kubacki moved to approve. Alderperson Madden seconded; motion carried. Resolution #034- 2021 - Denial of Claims (Matthew & Danielle McCarroll, Trish Krocker, Michael & Sherri Hallmann, Richard & Virginia Randa, Michael & Susan Hauke, Michael & Jean Reitz). Alderperson Kubacki moved to approve. Alderperson Madden seconded. Ald. Wolfe noticed that the letter from the insurance company went out but it doesn't mention a date so that those people affected can come and express their opinions. He would like to defer this so they can be contacted ahead of time. In addition, we are missing two council members. City Attorney Warchol mentioned that we only have 120 days from the date that the Notice of Damages gets submitted in which to notify the claimants of denial of the claims. If we timely notify, the Statute of Limitations is reduced to six months for them to be able to sue us. If we don't notify them in that time, then the regular Statute of Limitations applies which is six years. Mr. Warchol clarified that the letters that each claimant received was from the insurance company not the City. If the Common Council does take the insurance company's Common Council Minutes 3 March 23, 2021 recommendation to deny the claim, a letter from the Clerk is prepared by Mr. Warchol the day after the meeting and then mailed (certified & return receipt) to each claimant. As to the claimants not being at this meeting, Attorney Warchol stated that the Agendas are noticed and available for public view the Friday prior to the meeting. Aid. Wolfe stated that in view of the magnitude of this situation, the claimants should have been notified of the meeting. Aid. Kubacki asked how many of the claimants contacted the City to which the Mayor and Mr. Warchol stated that most of them did. Mr. Warchol reiterated that he can't recommend that we don't deny this because the Statute of Limitations then becomes six years which means that any time between now and the next six years, the City can be sued on these claims. Aid. Kubacki asked when the six-month Statute of Limitations expire. Mr. Warchol replied that there would not be another Council meeting prior to the expiration date for two of the claimants but that he brought all the claims forward for this Council meeting for efficiency and consistency. Mr. Warchol continued that what the claimants could have done after they received their letter from the insurance company is to watch for the Agendas for when their claim would be coming before Council, as this is how people generally receive notice regarding issues coming before Council. In addition, any Council Member could have contacted them to let them know that it is on the Agenda. The City is not responsible for telling them that this is coming up for action before the Council. Aid. Wolfe stated that there was not enough time. In addition, they get a letter from the insurance company saying that they will not pay for the damages, why would they think that the City would change its mind. He mentioned that we are doing claimants a disservice and he doesn't like the process. Aid. Kubacki stated that the council members could have taken it upon themselves to contact the claimants but didn't. Mr. Warchol referred to the second paragraph of the letter where it says that the insurance company recommends that the City disallow their claim. It is not specifically saying that the claim is denied. Then the next step is to put it on the Council meeting agenda for decision by the Council Members. Aid. Kubacki questioned whether making a one-time funding source available to claimants would be a solution. Mayor mentioned that it could set a bad precedent. In all of the years involved in City government, he has never seen things like this get approved. There have been sewer backups in the City going back a long way. There is insurance available that any good insurance agent should be telling their client they should have and making them aware of the limitations that some policies have. They should let them know that if they have a sewer backup that it is not the City's responsibility. Mayor Petfalski asked the Council Members if all six claimants were here tonight, would anyone change their vote. Aid. Terrence mentioned that it would not make a difference to him if the claimants were here. On the one hand, we have to look out for residents, but on the other hand, there is another 20,000 plus people that we would be pulling resources from when we are not liable. Motion to approve denial of claims carried 4 to 1 (Aid. Wolfe voted no.) Common Council Minutes 4 March 23, 2021 REVIEW OF COMMITTEE REPORTS Finance Committee — February 23, 2021 Public Works & Safety Committee — July 20, July 28, August 25, November 17, and December 15, 2020 LICENSE APROVAL Approval of Change of Agent (Sarah Drezdzon) for "Class A" Liquor License held by Ultra Mart Foods, LLC (d/b/a Pick 'n Save). Alderperson Madden moved to approve. Alderperson Kubacki seconded; motion carried. Approval of a "Class C" Dance Hall License and a "Class B" License to Sell Fermented Malt Beverages and Intoxicating Liquor for Wisconsin Youth Sports Association (d/b/a Sport Development), Nicole Lutz Agent, located at W160 S6369 Commerce Drive. Alderperson Kubacki moved to approve. Alderperson Wolfe seconded. Ald. Madden stated she is uncomfortable with this especially with kids involved. We are not just talking about beer and wine. The license they are asking for allows them much more than what they really need. Ms. Lutz stated that they are under the Wisconsin Youth Sports Association which is a nonprofit entity and have recently moved out of a much smaller facility. Their operating expenses at this much larger facility are quite a bit more. They are looking at ways to generate revenue for their non-profit. They would like to do other programs for adults which will be during the April — August months when the youth are traveling or outside for their activities. Ald. Madden stated that if we grant them their license, we have no say about what time they are going to use it. She is concerned that there will be sales of liquor during kids' games. It might be different it the license was limited to just beer and wine. Mayor Petfalski mentioned that the Council Members could amend the license request tonight. One of the things to be aware of is that there are at least two other youth indoor baseball facilities in Muskego and it is possible that they would ask for something similar. Ald. Kubacki asked Ms. Lutz if beer and wine would be sufficient for what their future plans are. She responded that there is opportunity with either license. She agrees that concerns are valid, but they plan to be responsible when they have those events that are geared towards adults (over 21). She compares this facility to a bowling alley type atmosphere where there are activities for kids as well as adults. Ald. Wolfe remembers going to Center Court where they have alcohol, but it was limited to the food area. Looking at the drawing, he mentioned that it is difficult to see what their plan is. Ms. Lutz explained that there are two concession areas - one is in the facility itself and the other is a private rental area on the other side of the building. In response to Ald. Wolfe question concerning the name, she clarified that the facility is called Halo Athletics. Their non-profit is the Wisconsin Youth Sports Association. They do business as the Milwaukee Angels Baseball Organization (youth program) and Halo Athletics so there are two entities under the umbrella of the non-profit. The Milwaukee Angels pay rent for time & space at their facility. The Halo facility wants to bring in more organizations like the Muskego Rec Dept. to possibly run programs at the facility. Ald. Kubacki asked her to give the Council a better idea of what she is looking for. The drawing also confuses him. How would they contain the use of alcoholic beverages to segregated Common Council Minutes 5 March 23, 2021 areas? He just doesn't feel comfortable giving them cart blanche. Ms. Lutz stated that the activities are going on in the concession stand and the field area that is in the shape of a big square. The doors open and all you see is baseball field and cages. The other area is off to the side and contained and is more for private rentals for parties, etc. When Ald. Kubacki asked whether the license covers the whole facility, the response was yes. Mayor Petfalski stated that granting this license would grant them permission to put up gaming (slot) machines and the machines can be put up anywhere within the licensed area. However, it can be restricted. Ms. Lutz stated that they are not planning to put up machines at this time. Ald. Wolfe asked whether there was seating to watch the games. Ms. Lutz replied that there are stools at the countertop along the fencing area. He suggested that they tour the facility to get an idea of what the facility looks like. Ald. Terrence stated that there are outdoor parks where the kids are playing and alcohol is served. When done well, it gives them that revenue stream. It creates a place where parents would want to stay. More of a detailed written plan would help with pictures and an idea of the events they would have. Ms. Lutz reiterated that this is mainly for the revenue generated from adult programs that they can build overtime. They do want a broader license. There will be times like their main fundraiser when youth is there with parents that are partaking alcoholic beverages. Overall, it is for their adult programs throughout summer to bring in a constant revenue stream. Mayor Petfalski reminded the Council Members of their options. They can approve the application as presented, amend the application for beer & wine, limit/allow gaming machines, etc. Ald. Kubacki recommends they defer this so there is time to take a tour of the facility. He would also like to see some limitations as to where alcoholic beverages can be taken. Ald. Kubacki made a motion to defer; Alderperson Madden seconded. The motion to defer was denied. Motion to approve passed 3-2. (Kubacki and Madden voted no.) VOUCHER APPROVAL Utility Vouchers Alderperson Wolfe made a motion to approve Utility Vouchers in the amount of $71,652.53. Alderperson Madden seconded; motion carried. Tax Vouchers Alderperson Wolfe made a motion to approve Tax Vouchers in the amount of $252,497.36. Alderperson Kubacki seconded; motion carried. General Fund Vouchers Alderperson Wolfe made a motion to approve General Fund Vouchers in the amount of $315,231.48. Alderperson Hammel seconded; motion carried. Wire Transfers for Payroll/Invoice Transmittals Alderperson Wolfe made a motion to approve Wire Transfers for Payroll/Invoice Transmittals in the amount of $367,678.07. Alderperson Terrence seconded; motion carried. Common Council Minutes March 23, 2021 CITY OFFICIALS' REPORT Mayor Petfalski stated that the first meeting in April has been canceled so there will be just one April meeting. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liaisons — None. Mayor Petfalski mentioned that we are coming up to our organization meeting so if you want to be on certain committees, let him know within the next month. FUTURE AGENDA ITEMS None ADJOURNMENT Alderperson Wolfe made a motion to adjourn at 6:54 p.m. Alderperson Terrence seconded; motion carried. Minutes taken and transcribed by Christine Crisp. [.1