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COMMITTEE OF THE WHOLE Packet 04-27-2021CITY OF MUSKEGO COMMITTEE OF THE WHOLE AGENDA 04/27/2021 5:15 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF AGENDA APPROVAL OF MINUTES February 23, 2021 COW02232021-pdf.pdf NEW BUSINESS i"PSC4 of KEGO Discussion of Sewer Back -Up Claim Policies and Possible Reconsideration of Previous Denial of Claims 3/23/21 CC Minutes re Claim.pdf Letters re claim.pdf Discuss process for appointing new Municipal Judge Memo - Muni Ct Judge Appointment.docx COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT The Committee of the Whole may possibly reconvene immediately following the Common Council meeting of the same date to continue work on agenda items. NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE -STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE -STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100. CITY OF MUSKEGO COMMITTEE OF THE WHOLE MINUTES February 23, 2021 5:30 PM Muskego City Hall W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 5:35 p.m. ROLL CALL Unapproved u�c4 of MVSKEGO Present: Alderpersons Wolfe, Hammel, Kapusta, Engelhardt, and Madden. Also present: Public Works & Development Director Kroeger, City Attorney Warchol, and Deputy Clerk Blenski. Absent: Alderpersons Kubacki and Terrence STATEMENT OF PUBLIC NOTICE The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law. APPROVAL OF AGENDA Alderperson Wolfe moved to recommend approval. Alderperson Madden seconded; motion carried. APPROVAL OF MINUTES February 9, 2021 Alderperson Madden moved to approve. Alderperson Kapusta seconded; motion carried. NEW BUSINESS Discuss Potential Ordinance Regulating Food Trucks Mayor Petfalski stated that the Municipal Code is currently silent when it comes to food trucks. He is looking for direction from the Committee to determine if there is any interest in establishing regulations. Some of the brick and mortar restaurants have stated that they pay taxes and have an investment in the community. They have expressed their objection to the presence of food trucks in the City without any rules in place. The Mayor suggested at a minimum that a permit be required. If a food truck becomes a regular part of an established business, an amendment to the Building, Site and Operation Plan should be required. Alderperson Hammel would like to see what other communities are doing. He does not want to place a heavy burden on the food trucks to discourage them from operating. The consensus of the Committee was to have staff research the regulation of food trucks. City Attorney Warchol stated he has sample ordinances from other communities. COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW None K Committee of the Whole Minutes February 23, 2021 ADJOURNMENT Alderperson Engelhardt moved to adjourn at 5:47 p.m. Alderperson Madden seconded; motion carried. Minutes taken and transcribed by Jill Blenski. 2 3 Common Council Minutes March 23, 2021 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 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. Ald. Wolfe stated that in view of the magnitude of this situation, the claimants should have been notified of the meeting. Ald. 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. Ald. 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. Ald. 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. Ald. 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. 2 4 Common Council Minutes March 23, 2021 Ald. Kubacki questioned whether making a one-time funding source available to claimants would be a solution. Mayor mentioned that it would set a bad precedence. 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. Ald. 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. 3 4i Cr: Statewide Services, Inc. Claim Division VIA E-MAIL ONLY March 15, 2021 City of Muskego Attn: Ms. Christine Crisp, Administrative Assistant W182 58200 Racine Ave. Muskego, WI 53150 RE: Our Claim #: WM000672510186 Date of Loss: 11/08/2020 Claimant: Matt McCarroll S75 W13130 Oxford Ct. Muskego, WI 53150 Michael Hallmann S74 W13180 Muskego, WI 53150 Michael Hauke W131 S57558 Cheviot Rd Muskego, WI 53150 Dear Ms. Crisp: Trish Krocker S75 W13127 Oxford Ct. Muskego, WI 53150 Richard Randa W131 57576 Cheviot Rd. Muskego, WI 53150 Michael Reitz W132 S7547 Cheviot Rd. Muskego, WI 53150 1241 John Q Hammons Dr. P.O. Box 5555 Madison, WI 53705-0555 As you know, Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities Mutual Insurance, which provides the insurance coverage for the City of Muskego. We are in receipt of the above -captioned claim regarding damages caused by a back-up of sewer water into the homes of the claimants noted above. Our investigation has revealed that the City was not negligent for this incident. Therefore, we recommend that the City disallow this claim pursuant to the Wisconsin Statute for disallowance of claim 893.80(1 g). The disallowance of the claim in this manner will shorten the statute of limitations period to six months. This loss occurred due an unnoticed clog in a section of the sewer main line; however, the City is not liable for the clog as their operations or work in the area did not cause it. Once more, City staff had no prior notice that the clog existed, thus staff was unable to take any preventive action. When City staff was alerted to the problem, they reacted quickly to diagnose and correct the problem, thus, the City bears no liability for any delayed response time. Finally, there is no evidence that City staff failed to adhere to any ministerial duties --or mandates --regarding the maintenance of the sewer line in question; and absent a ministerial duty that must be followed, WI statute 893.80 affords the City discretionary immunity. Therefore, we recommend that the claim be disallowed. ti NOTE: When responding to the unnoticed clog in the sewer main, City staff discovered some metal pieces to a Manhole Adjustment Ring was inside of the sewer main, and said pieces served to facilitate the obstruction where material (grease, wet wipes, etc, etc) became caught on the metal pieces over a period of time whereby the sewer main became clogged. However, the Manhole Adjustment Ring was not broken during City operation, and the City staff had no prior notice that the problem existed; therefore, the discretionary immunity noted above still applies to the City, even though some of the clogging material was City owned property used on the streets. I have enclosed a sample Notice of Disallowance for your use, should you choose to use it, or you may use your own. Please send your disallowance, on your letterhead, directly to the claimants at their above listed addresses. This should be sent certified or registered (restricted) mail and must be received by the claimant within 120 days after you received the claim. Please send me a copy of your letter for our file. Thank you, Christine, for your attention to the above, and please do not hesitate to contact me with any questions. Best regards, Douglass A. Detlie Casualty Claims Specialist Office: 608-828-5503 Fax: 800-720-3512 E-mail: ddetlie@statewidesvcs.com Cc: Mr. Jeff Warchol, City Attorney Rick Kalscheuer, Agent C: Statewide Services, Inc, Claim Division March 15, 2021 Mr. Matt McCarroll S75 W 13130 Oxford Ct. Muskego, W1 53150 Regarding: Our Insured: City of Muskego Claim No: WM000672510186 Date/Loss: 1 1 /08/2020 Dear Mr. McCarroll: 1241 John Q. Hammons Dr. P.O. Box 5555 Madison, WI 53705-0555 877-204-9712 Statewide Services, Inc. administers the claims for the League of Wisconsin Municipalities Mutual Insurance, which provides the insurance coverage for the City of Muskego. We are in receipt of the above -captioned claim involving damage from a back-up of sewer water into your home. We have completed our investigation, and we recommend that the City of Muskego disallow your claim. This unfortunate loss occurred on account of a clog within the City's sewer main line; however, City operations did not cause the clog. Once more, City staff had no prior notice that the unforeseen clog existed. thus, they were unable to take a preventive measure. The City would not be liable unless City staff knew, or should have known, about the clog, and had adequate time to correct the problern prior to the loss. Once the City was made aware of the problem, staff responded timely to diagnose the clog and clear it from the line, thus, the City is not liable for any delayed response time. Finally, there is no evidence that the City failed to adhere to any ministerial duties --or mandates —regarding the maintenance of the sewer main. and absent a ministerial duty, WI Statute 893.80 affords the City discretionary immunity. Given that the City bears no liability for this unfortunate loss and/or given the immunity in place For the City, Statewide Services, Inc. will not be able to pay for your damages. I am sorry that we cannot of assistance to you, and please do not hesitate to call me ith am, quest��s7,/2 Since�;. - I O`� Douglass A_ Detlie Casualty Claims Specialist Statewide Services, Inc. PO Box 5555 Madison, WI 53705-0555 Office: 608-828-5503 E-mail: ddetlie�r' ..statewidesvcs.com Cc: City of Muskego RE vi& C4 of Jeffrey J. Warchol MYTQU"_UG0 City Attorney March 18, 2021 Common Council City of Muskego Re: Statewide Claim No. WM00672510186 Date of Loss: 11 /8/2020 Matthew & Danielle McCarroll Trish Krocker S75 W13130 Oxford Ct S75 W13127 Oxford Ct. Muskego, WI 53150 Muskego, WI 53150 Amount of Claim: $5,668.05 Amount of Claim: $17,796.93 Michael & Sherri Hallmann Richard & Virginia Randa S74 W13180 Courtland Lane W131 S7576 Cheviot Rd. Muskego, WI 53150 Muskego, WI 53150 Amount of Claim: $39,155.39 Amount of Claim: $793.40 Michael & Susan Hauke Michael & Jean Reitz W131 S7558 Cheviot Rd W132 S7547 Cheviot Rd. Muskego, WI 53150 Muskego, WI 53150 Amount of Claim: $27,800.39 Amount of Claim: $13,917.76 Dear Council Members: It is recommended that the above claims be denied: These are claims for damages caused by a back-up of sewer water into the homes of the above referenced claimants. An investigation by the City's insurer, Statewide Services, Inc., revealed that the loss occurred due to an unnoticed clog in a section of the sewer main line. The City is not liable for the clog as their operations or work in the area did not cause it. City staff had no prior notice that the clog existed, thus staff was unable to take any preventive action. The City would not be liable unless City staff knew, or should have known, about the clog and had adequate time to correct the problem prior to the loss. When City staff was alerted to the problem, they reacted quickly to diagnose and correct the problem, thus, the City bears no liability for any delayed response time. Finally, there is no evidence that City staff failed to adhere to any ministerial duties, or mandates, regarding the maintenance of the sewer line in question and absent a ministerial duty that must be followed, Wisconsin Statute 893.80 affords 0 T Letter to Common Council — Disallowance of Claims 3/18/21 the City discretionary immunity. Based on its findings, Statewide Services, Inc. has sent out letters recommending disallowance to each claimant including its basis behind its reasoning. Therefore, based upon the above, it is the recommendation of the City's insurer, Statewide Services Inc., and concurred with by the City Attorney, to disallow these claims in whole pursuant to the provisions of Wisconsin Municipal Claims Statute 893.80. 7' #effrchol City Attorney JW/cmc MUSKEGO March 29, 2021 Department of Finance & Administration Sharon Mueller Finance & Administration Director (262) 679-5622 smueller@cityofmuskego.org NOTICE OF DISALLOWANCE OF CLAIM Michael & Jean Reitz W132 S7547 Cheviot Rd. Muskego, WI 53150 Re: Claim WM000672510186 Date of Loss: November 8, 2020 Dear Mr. & Mrs. Reitz: CERTIFIED MAIL RETURN RECEIPT REQUESTED At its meeting on March 23, 2021, the Common Council of the City of Muskego considered your claim received on January 4, 2021, regarding alleged damage to your home at W132 S7547 Cheviot Rd, Muskego, Wisconsin and denied it in full. Please be advised that pursuant to Wis. Stat. 893.80(1g) no lawsuit may be brought on this claim against the City of Muskego or any of its officials, officers, agents or employees after six (6) months from the date of receipt of this letter. You should also be aware that the Common Council has the authority, and is considering, a Reconsideration of its decision at the next Common Council meeting scheduled for April 27, 2021. You should be in contact with your Council Member in the event that this should occur. You can also find the agenda on the City's website at www.citvofmuskego.org under the "Government" heading, Agendas & Minutes. Agendas are usually posted on the website on the Frida afternoon recedin the date of the meeting. CERTIFIED 1 • s (Domestic Mail Only; No Insurance Coverage Provided) to Sincerely, Sharon Mueller Director of Finance and Administration cc: City Attorney's Office City Clerk's Office Statewide Services, Inc. Alderman Rob Wolfe m p" Postage 0 Certified Fee � U ED Return Receipt Fee p (Endorsement Required) Q Restricted Delivery Fee O (Endorsement Required) $ -.I- Total Postage & Fees m `7 I ICI Postma' Herel ru Sent To Street, Apt. No.; _ or PO o. r !3ox' I` 1 + 39-S ?\c, y�`' L City, State, Z(P+4 PS Form :rr August 2006 See Reverse for Instructions N r/ CtV o! MUSKEGO March 29, 2021 Department of Finance & Administration Sharon Mueller Finance & Administration Director (262) 679-5622 smueller@cityofmuskego.org NOTICE OF DISALLOWANCE OF CLAIM Matthew & Danielle McCarroll S75W13130 Oxford Ct Muskego, WI 53150 Re: Claim WM000672510186 Date of Loss: November 8, 2020 Dear Mr. & Mrs. McCarroll: CERTIFIED MAIL RETURN RECEIPT REQUESTED 7012 3460 0001 0937 1639 At its meeting on March 23, 2021, the Common Council of the City of Muskego considered your claim received on November 8, 2020, regarding alleged damage to your home at S75W13130 Oxford Ct, Muskego, Wisconsin and denied it in full. Please be advised that pursuant to Wis. Stat. 893.80(1 g) no lawsuit may be brought on this claim against the City of Muskego or any of its officials, officers, agents or employees after six (6) months from the date of receipt of this letter. You should also be aware that the Common Council has the authority, and is considering, a Reconsideration of its decision at the next Common Council meeting scheduled for April 27, 2021. You should be in contact with your Council Member in the event that this should occur. You can also find the agenqaQn the Cit 's website at www.citvofmuskego.org under the "Government" hea Postal Agendas are usually posted on the website on the Fr CERTIFIEDRECEIPT of the meeting. m D-mestic Mail Only, No Insurance Coverage Provided) a Sincerely, Sharon Mueller Director of Finance and Administration cc: City Attorney's Office City Clerk's Office Statewide Services, Inc. Alderman Rob Wolfe m 7- Postage $ I 0 1 t Certified Fee Return Receipt Fee Postmark Q O (Endorsement Required) `�- ' Q J Herti O Restricted Delivery Fee (Endorsement Required) Total Postage & Feesj m Sent To >< . M 1 ----- --------------- ----- ka-1dV--- - '- -_ Pit-------- � Street, Apt. No.; + ----� n �/p or PO Box No-� _W_�1.3D- C1_----------_---- City, State, ZIP+4 PS Form :0i August 2006 See Reverse for Instructionsi �� 1 TTlee Ccfiy of SKEGO OFFICE OF THE MAYOR Rick Petfalski, Mayor (262) 679-5675 rpetfalski(Dcityofmuskego. org MEMO To: Alderpersons Wolfe, Hammel, Terrence, Kapusta, Engelhardt, Kubacki, & Madden Date: April 26, 2021 Re: Municipal Court Judge Appointment Since Municipal Court Judge Shelley Grogan will be resigning August 1 to become a member of the Wisconsin Court of Appeals, we find ourselves needing to find and appoint a new Municipal Court Judge. Here is a proposed timeline: • April 28 Post the position • May 14 Deadline to accept applications & resumes • May 17/18 Forward submitted applications & resumes to Alderpersons for review • May 25 COW to interview candidates and vote Appointee will then have the following court dates to shadow Judge Grogan: • June 9 • June 23 • July 14 • July 28 The new Judge will be sworn in on August 1 with the first court date on August 11. Question: Do you want the candidate to be a licensed attorney? Currently, it is required; however, nearly half of the municipal court judges in Wisconsin are not licensed attorneys. W182 S8200 Racine Avenue - Muskego, WI 53150 - www.cityofmuskego.org 13