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COMMITTEE OF THE WHOLE Packet - 4/14/2015 CITY OF MUSKEGO COMMITTEE OF THE WHOLE AGENDA April 14, 2015 6:45 PM 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 10, 2015 and March 10, 2015 NEW BUSINESS 1. Parks & Conservation Board Discussion CLOSED SESSION 1. Please take notice that following Approval of Minutes and Discussion of Agenda Items, the Committee of the Whole will convene, upon passage of the proper motion, into Closed Session pursuant to Wis. Stats.Section §19.85(1)(c) and Section §19.85(1)(e): Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, more specifically to discuss severance pay for a specific employee. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Possible reconvening of the Committee of the Whole immediately following 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, MUSKEGO CITY HALL, (262) 679-4100. Unapproved CITY OF MUSKEGO COMMITTEE OF THE WHOLE MINUTES February 10, 2015 6:05 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 6:16 p.m. PLEDGE OF ALLEGIANCE ROLL CALL Present: Aldermen Madden, Kubacki, Engelhardt, Di Pronio, Borgman, Hammel and Wolfe. Also present: Public Works Director/City Engineer Simpson, Director Mueller. STATEMENT OF PUBLIC NOTICE Director Mueller stated that the meeting was properly noticed. APPROVAL OF AGENDA APPROVAL OF MINUTES - November 25, 2014 Alderman Hammel made a motion to approve the minutes from November 25, 2014. Alderman Kubacki seconded. Motion Passed 7 in favor. NEW BUSINESS Discuss Parks & Recreation Board policy about snow removal on trails Director Dave Simpson presented an overview of the current DPW policy for trail clearing, including which trails are being cleared and how often. He stated that the policies were the same as were set by the Parks & Rec board. A priority order was set to clear parking lots first, then trails. For the last snowfall, which was significant, it took approximately 2 1/2 days to clear the trails using 3 staff members. A bobcat, lawn mower with blower attachment and in some cases a small pickup truck were used, and Simpson estimated diesel fuel costs were $80- $100/day. Smaller storms may cost less, but until a full season is in these are the best estimates. State law gives the city up to 3 weeks to clear these trails. Sidewalks are intended to be cleared first, however Simpson said due to county plowing operations, which push the snow back onto the sidewalks, DPW has found it more efficient to wait to clear sidewalks, opting to clear trails first. Alderman Borgman stated he thought the City was only going to clear sidewalks and not trails, and what was being done was more than was understood. Alderman diPronio and Mayor Chiaverotti stated that there has been positive feedback on the clearing operations. Director Simpson clarified that if the City had a severe winter, the priority would be roads, City owned parking lots, and then sidewalks and trails, which would likely push the timeline of 3 weeks to clear. Alderman Borgman asked what staff would be doing if they weren't clearing trails. Director Simpson explained they would be working on other winter maintenance like tree clearing, clearing of crosswalks rebuilding of park picnic tables, etc. There are only 3 staff members who are assigned to clear sidewalks and trails. Alderman Wolfe asked about getting a waiver from the state for clearing trails and wanted to get an answer on that. He stated some concern over the costs of purchasing more equipment to maintain the trails in winter (and also equipment maintenance) and asked if there is a liability if salt is not placed in icy areas on the trails if they are plowed. Mayor Chiaverotti explained that the City needs to do what is reasonable in salting and a previous incident was ruled in favor of the City. Alderman DiPronio also stated that the City is immune from liability unless it is notified of a hazard and does not act, similar to pot hole claims. Alderman Wolfe asked for a more specific priority list for trail clearing so that the same trails were not getting overlooked after every snowfall, and to start off where the last clearing left off. Director Simpson said there is currently a list of 5 trails that have priority, with the rest cleared as they can get to them. Alderman Hammel said he felt that there are some trails that are indeed more important than others, citing Racine Avenue, Janesville Road, Woods Road. He felt the "as they can get to it" trails could then be cleared as Ald. Wolfe suggested. Aldermen Kubacki and Engelhardt stated that this decision should not be made by the Committee, but by the DPW. Mayor Chiaverotti agreed stating they would be stepping on the DPWs toes, and the department knows how to operate the most efficiently. Alderman Wolfe asked whether they wanted to contininue to spend the money on clearing trails, and adding equipment costs. He felt that the City should not spend the money to clear the trails. Mayor Chiaverotti explained that the City saved approximately $125,000 in consolidating the departments and that the costs were minimal in comparison, and brought value to the residents. Alderman Kubacki felt trail clearing was important, especially as the City has taken the time and expense to build them. Mayor Chiaverotti addressed the question of an exemption from the state for clearing walkways along Janesville Road and Pioneer Drive, and said per Atty. Larsen, these were sidewalks and as such the City would not be granted an exemption. Alderman Madden also stated that the public has been happy with the service, and Alderman diPronio agreed that there is not a financial concern this winter, to continue operations and revisit the issue if further financial concerns come up. Aldermen Kubacki and DiPronio also felt it was not up to the Committee to determine the order of clearing trails, and the DPW should be given its due discretion. With no objections, Director Simpson will work with the Parks Board on the policy based on efficiency. Discuss space needs for the Department of Public Works Director Simpson asked the Committee to consider options for selling the current Parks garage on Pioneer Drive to put it on the open market as a taxable property and also the Boxhorn Drive warehouse to accommodate storage space needs for the DPW. He felt there was an opportunity to provide cold storage at the DPW garage, and include a small addition to clear out both of the other buildings, putting those buildings back on the tax roll. An architect could provide a solid cost by budget time in July. The Mayor cited inefficiencies in having both buildings, and Alderman Madden said it could also consolidate equipment at a central site. Engineering functions would take place at City Hall per Director Simpson. Alderman Borgman asked about the length of time this fix would last, and Director Simpson said it could be as long as 20 years. The value of either property or tax benefit is not yet available. Alderman Kubacki stated he needed more information before he could make a recommendation, but Mayor Chiaverotti said the only request being made was to start the bidding process for an architect. Other options in that process would include cold storage for the Police Dept. impound and crime related vehicle lot. Director Simpson said he could get an estimate of the cost for an architectural design first, and then get costs on the building. However the committee requested Director Simpson to garner estimated costs prior to a bidding process. Director Simpson cautioned that the estimate won't be exact CLOSED SESSION Alderman Borgman made a motion to move into CLOSED SESSION at 7:03 p.m. Alderman Madden seconded. Motion Passed 7 in favor. Please take notice that following Approval of Minutes and Discussion of Agenda Items, the Committee of the Whole will convene, upon passage of the proper motion, into closed session pursuant to Wis. Stats. Section §19.85(1)(c): Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, more specifically to discuss car allowance compensation for a specific employee. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Possible reconvening of the Committee of the Whole immediately following Common Council Meeting of the same date to continue work on agenda items Unapproved CITY OF MUSKEGO COMMITTEE OF THE WHOLE MINUTES March 10, 2015 6:15 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER The meeting was called to order by Mayor Chiaverotti at 6:15pm PLEDGE OF ALLEGIANCE ROLL CALL Present: Aldermen W olfe, Hammel, Di Pronio, Borgman, Engelhardt, and Madden as well as Director Mueller and Director Simpson. STATEMENT OF PUBLIC NOTICE Director Mueller stated that the meeting was properly noticed. APPROVAL OF AGENDA APPROVAL OF MINUTES - February 10, 2015 NEW BUSINESS OLD BUSINESS Continue discussion on space needs for the Department of Public Works Director Simpson recapped progress on the space needs for the DPW and possibly selling the Parks garage and the Boxhorn warehouse. An architect from Zimmerman Architectural Studios met with Dir. Simpson at no cost to get a general idea on the budget. Some findings: lockers are stored in the vehicle area; there is a shortage of men’s room toilets, with a possible solution to add a separate space to include a locker room and additional restrooms and a place to eat lunch/take breaks. Other rooms can be expanded/walls moved to meet the needs of DPW staff. Vehicle/cold storage is also an issue, especially if equipment is being worked on. In addition, there is a problem with the HVAC system, which is approaching 25 years old. Dir. Simpson said they are looking into an infrared heating system, which is more efficient and can be beneficial to the life of the roof as the mechanicals have fewer penetrations. The findings are preliminary, and to secure a more formal schematic Dir. Simpson said the architectural estimate would be about $32,000. The estimated value of the Parks garage is $300-$400,000 should the City decide to sell. The owners of the Boxhorn gun club have expressed interest in purchasing the Boxhorn structure . Dir. Simpson stated he felt the current DPW garage site would be adequate for the next 20 years, keeping in mind that the landfill and recycling center will likely close and future needs for a new recycling center may involve adjacent land. Alderman Wolfe stated that a walk -through of the DPW site may be helpful to the discussion. Dir.Simpson offered individual tours at the convenience of the Aldermen. Alderman Di Pronio also suggested looking into a solar roof which could be obtained through grants, but the payback over time according to Dir. Simpson isn’t very beneficial. Sale of the Pioneer Drive (parks garage) parcel could net $300,000-$400,000 and the Boxhorn structure around $80,000 - $100,000. This does not include the savings from not performing maintenance on these buildings and the additional tax revenue from the properties . The project and improvements are preliminarily estimated at $2 million, and additional monies of about $325,000 have been budgeted. Approximately 4,000 square feet of additional space would be added to the current DPW garage, and a formal architectural study will also include future space needs based on the City’s growth and requirements to add equipment. Appraisals on the Pioneer Drive and Boxhorn can be done, but the suggestion of the aldermen was to get a commercial real estate professional estimate on the market value. Based on Dir. Simpson’s confidence in working with Zimmerman, and their experience on the project to date, it was agreed by unanimous straw poll to move forward to have architectural study and planning done by Zimmerman and garner estimate of costs done for additional cold storage and conditioned space. Update regarding purchase of S76 W18109 Janesville Road utilizing a Municipal Flood Control Grant (Dave Simpson) Dir. Simpson stated that the owner’s of the property next to the stream (just west of Pioneer and Janesville Road) are hoping to move quickly on the sale. Based on the process of closing, a final amount due will not be known until the day prior. After the sale, an asbestos inspection will be done and if none is detected, or it is removed, the city will take the building down. A DNR grant offsets the cost to the City to purchase by 70%. The land will be returned to its natural state once the building is removed. CLOSED SESSION Alderman Borgman made a motion to approve CLOSED SESSION, Alderman Kubacki seconded. Motion Passed 7 in favor. Please take notice that following Approval of Minutes and Discussion of Agenda Items, the Committee of the Whole will convene, upon passage of the proper motion, into closed session pursuant to Wis. Stats. Section §19.85(1)(c) and (f): Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, more specifically to discuss worker’s compensation claim for a specific employee. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Possible reconvening of the Committee of the Whole immediately following Common Council Meeting of the same date to continue work on agenda items Alderman Engelhardt made a motion to adjourn, Alderman Kubacki seconded. Motion Passed 7 in favor. COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1395 AN ORDINANCE TO AMEND CHAPTER 1, SECTION 1.05, OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Boards and Commissions) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 1, Section 1.05 (2), of the Municipal Code of the City of Muskego is hereby amended to read as follows: 1.05 BOARDS AND COMMISSIONS (2) PLAN COMMISSION. The Plan Commission shall consist of the Mayor who shall be its presiding officer, a member of the Parks and Recreationand Conservation Board, an Alderman elected annually by 2/3 vote of the Council, and four (4) citizen members, one of whom shall be appointed annually by the Mayor and confirmed by the Common Council for a term of three (3) years. If the Mayor recuses himself from acting as presiding officer concerning any matter or matters, the Alderman member of the Plan Commission shall act as the presiding officer and if said Alderman does not act, the commission shall select a presiding officer. In the case of the Mayor’s absence or inability pursuant to Chapter 2:2.07, the “Acting Mayor” shall act as presiding officer, except when the Mayor has recused himself as stated in the paragraph. The Plan Commission shall have the powers and duties prescribed in Sec. 62.23, Wis. Stats. (Ord. #1232 - 08-31-2006) SECTION 2: Chapter 1, Section 1.05 (6), of the Municipal Code of the City of Muskego is hereby amended to read as follows: (6) PARKS AND RECREATIONAND CONSERVATION BOARD. (a) Composition. The Parks and Recreationand Conservation Board shall consist of 5 7 citizens for the first two years, one of whom shall be appointed annually by the Mayor and confirmed by the Council for a term of 5 3 years, provided that the initial appointments shall be for terms of 1,2, and 3,4 and 5 years, respectively. After the two-year period, the Board shall consist of 5 citizens. Two additional members shall consist of an Alderman and an employee representative of a the school district within the City who shall be appointed by the Mayor subject to confirmation of the Council. The school district employee representative shall be appointed for a term of 2 years and the Alderman member for a term of one year. All terms shall commence on May 1. The Alderman and school district employee representative shall serve so long as they hold their respective positions. (b) Officers. The Board shall annually select a president, vice president, and secretary from among its members and may choose such other officers as the Board deems necessary. Such officers shall have duties as shall be assigned by the Board. Ord. #1395 2 (c) Quorum. Attendance of 4 5 members of the Board shall be necessary for a quorum for the first two years when the Board consists of a total of 9 members. Following the two-year period, attendance of 4 members shall be necessary for a quorum. (d) Rules of Procedure. The Board shall adopt such rules of procedure as it deems necessary for the conduct of its proceedings. (e) Powers and Duties. The Board shall have the following powers and duties, a majority of which are prescribed in Chapter 27, Wisconsin Statutes (All applicable to the government and management of the Board of Park Commission except such sections as are in conflict with the section).the following powers and duties: 1. To govern, manage, control, improve and care for all municipally owned public parks, open space, conservation areas, parkways, and public recreational property located within or partly within and partly without the City, and secure the quiet, orderly and suitable use and enjoyment thereof by the people; also to adopt rules and regulations to promote those purposes. 2. To acquire in the name of the City for park, parkway, open space, conservation land, boulevard, pleasure drive, or public recreational purposes by gift, devise, bequest or condemnation, either absolutely or in trust, money, real or personal property, or any incorporeal right or privilege. Gifts to the City of money or other property, real or personal, either absolutely or in trust, for park, parkway, boulevard, pleasure drives or public recreational purposes shall be accepted only after they shall have been recommended by the Board of the Common Council and approved by resolution. Subject to the approval of the Common Council, the Board may execute every trust imposed upon the use of property rights by deed, testament or other conveyance, transferring the title of such property to the City for park, parkway, boulevard, pleasure drive or public recreational purposes. 3. Subject to the approval of the Common Council, to buy or lease lands in the name of the City for park, parkway, boulevard or pleasure drive purposes or public recreational purposes within or without the City and, with the approval of the Common Council, to sell or exchange property no longer required for its purposes. 4. To change or improve all parks, parkways, boulevards or pleasure drives within the City limits, controlled by the Board, at the expense of the real estate to be benefited thereby, as provided in sec. 27.10(4), Wis. Stats. 5. Aid in compilation, administration, and implementation of the adopted Parks and Conservation Plan. 6. Provide insight, administration, and implementation to the City’s Lakes, Forestry, and Conservation Programs 5.7. Boulevards and pleasure drives shall be excluded from the care and management of the Board and shall be under the charge of the Board of Public Works. Ord. #1395 3 6. (f) Activity Fees. The Board may conduct public concerts within its public parks and pay the expenses thereof out of its funds. A fee for admission may be charged for the purpose of defraying such expenses in whole or in part. A fee may be charged for such other recreational activities as may be deemed advisable by the Board. (g) Budget Expenditures. The Board shall annually prepare a budget of the needs of the department for the ensuing year as set forth in this section. The Common Council shall annually appropriate to the Board such money as it deems necessary for the operation of the department. Such money together with funds derived from joint sponsorship, bequests, legacies and such income as shall be derived from earnings, fees, admissions and other charges shall be deposited in the Park and Recreation outlay account and such account shall be used only for the functions of the department and shall be disbursed as herein set forth in this section. 1. Prior to October 1 in each year the Board shall make an estimate of the expenditures of the Board during the ensuing calendar year including all necessary incidental expenses and also an estimate of the amount necessary for the purchase of land for parks, parkways, boulevards and pleasure drives and transmit the budget to the Common Council. The Board shall transmit to the Common Council prior to March 1 of each year a full detailed report of all its transactions for the preceding year together with an itemized account of all receipts and expenditures, a list of employees, and an inventory of property in charge of the Board. 2. All monies appropriated for park and recreation purposes, or received by subscription, gift fees or otherwise for parks, parkways, boulevards or pleasure drives, shall be paid over to the City Treasurer and be disbursed by order of the City Clerk drawn upon the City Treasurer to pay accounts or bills that have been audited and allowed by the Board and presented to the City Clerk. Such orders shall be paid by the Clerk and Treasurer in the manner provided by Sec. 66.042, Wis. Stats. The Board shall not contract any liability on the part of the City in excess of the budget authorized by the Common Council except upon application to and approval by the Common Council. 7. (h) Recreational Program. The Board may provide a year-round recreational for children, young people, men and women in all walks of life; offer leadership in coordinating and correlating all recreational activities to the maximum benefit of the citizens of Muskego and cooperate and coordinate the building of the total community park and recreational program into and around other public and private organizations concerned with public welfare, education and family relations. (hf) EmployeesStaff. The Board shall fix the compensation of all employees of the Board who may be entitled to compensation. The administrative sStaff of to the Board shall consist of a the Community Development Director, Public Works Director, Recreation Manager of Parks and Recreation appointed by the Mayor and approved by the Common Council, and such other employees as shall be deemed necessary. Other employees of the Board shall be employed only upon the recommendation of the Director of Parks and Recreation who shall serve as the chief administrative officer of the Board. The Director shall be responsible to the Board for the operation of the department and for the proper discharge of their duties by all employees. Ord. #1395 4 (i) State Laws Adopted. All applicable sections of Chpt. 27, Wis. Stats. applicable to the government and management of the Board of Park Commission except such sections as are in conflict with the section, shall apply. (10) CONSERVATION COMMISSION (a) Membership. The Conservation Commission shall consist of 7 members who are citizens of the City, one of whom shall be an alderman. and one shall be a board member of one of the City’s lake districts or associations. (b) Appointment. Appointment shall be made by the Mayor and confirmed by the Common Council. The term of the alderman member shall be 1 year, and the term of the 6 citizen members shall be 3 years, provided that initially 2 citizen members shall be appointed for a term of 3 years, 2 citizen member shall be appointed for a term of 2 years, and 2 citizen member shall be appointed for a term of 1 year. (c) Elections. The Commission annually shall select a Chairman and vice-chairman from among its members. Such officers shall have duties as shall be assigned by the Commission. (d) Quorum. Attendance of 4 members of the Commission shall be necessary for a quorum. (e) Rules of Procedure. The Commission shall adopt such rules of procedure as it deems necessary for the conduct of its proceedings. (f) Staff Support. Staff support to the Commission will be provided by the Planning Director or designee. (g) Powers and Duties. The Commission shall have the following powers and duties: 1. Manage the City’s Conservation Plan by making recommendations to the Common Council for protecting the community’s natural resources, preserving its rural character and open space, and improving its overall quality of life while respecting the rights of individual property owners within the community by:  Maintain inventory of Muskego’s natural resource base, including extensive open space areas, woodlands, wetlands, natural resource areas, critical habitat areas, prominent vegetation cover, steep slopes and environmental corridors.  Establish and maintain a system for evaluating and prioritizing lands in Muskego which are appropriate for conservation and that protect important “viewsheds” and/or connect recommended “greenway” corridors.  Provide detailed strategies to implement plan recommendations.  Direct the management of all City-owned conservation areas.  Recommend Annual Operating Budget and Five Year Capital Budget to Common Council  Direct public awareness program relating to conservation Ord. #1395 5  Advise the Common Council on best conservation practices, which may include acquisition, easement, transfers to public or private land trusts, or other means as may be appropriate. 1. Manage the City’s Urban Forestry Program by:  Study, investigate, counsel, and develop and/or update, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets, and in other public places. Such plan will be presented to the Common Council and upon their acceptance and approval shall constitute the official comprehensive tree plan for the City of Muskego.  Consider, investigate, make finding, report, and recommend upon any special matter or question coming within the scope of its work.  Maintain a list of desirable trees for planting along streets in two size classes based on mature height: large trees for wide planting areas (> 7 feet in width) and no overhead utilities, and small trees for restricted planting areas (4 to 7 feet wide) and/or overhead utilities. The Conservation Commission will also create lists of trees that are not suitable for planting. SECTION 3: The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall remain in full force and effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby repealed as to those terms that conflict. SECTION 4: This Ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF , 2015. CITY OF MUSKEGO _______________________________ Kathy Chiaverotti, Mayor ATTEST: First Reading: April 14, 2015 _________________________ Clerk-Treasurer 4/2015 Newly Enacted Ordinance Published: