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CCM20031125 COMMON COUNCIL - CITY OF MUSKEGO Approved As Corrected* MINUTES OF MEETING HELD NOVEMBER 25, 2003 The meeting was called to order at 7:35 PM by Mayor Slocomb. Also present were Ald. Petfalski, Buckmaster, Damaske, Madden, Patterson, Schroeder and Salentine, City Attorney Molter, Clerk-Treasurer Marenda, Finance Director Gunderson, Engineering/Building Inspection Director McMullen, and Deputy Clerk Blenski. The Clerk stated the meeting was noticed in accordance with the open meeting law on 11/21/2003 and on 11/24/2003 as amended. The Mayor stated the Council would not need to convene into closed session. APPROVAL OF MINUTES Salentine moved for approval of the 11/11/2003 minutes. Petfalski seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Slocomb stated the Muskego Police Association has verbally agreed to accept the offer made by the Council. The December 9 Council meeting will be the last one of the year. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Petfalski moved for acceptance of the 11/19/2003 and 11/25/2003 Finance Committee minutes. Schroeder seconded; motion carried. Schroeder moved for acceptance of the 11/17/2003 Public Utilities Committee minutes. Patterson seconded; motion carried. Salentine moved for acceptance of the 11/25/2003 Public Works Committee minutes. Buckmaster seconded; motion carried. Schroeder moved for acceptance of the 11/25/2003 Public Utilities Committee minutes. Buckmaster seconded; motion carried. Minutes of the 11/18/2003 Plan Commission and 11/15/2003 Parks and Recreation Board were received and placed on file. Reso. #241-2003 - Honoring Muskego AFS-USA Student Varumporn Taranatham (Wonthaburi, Thailand). Salentine moved for adoption. Buckmaster seconded. Motion carried 7-0. Reso. #242-2003 - Honoring Muskego AFS-USA Student Lorenzo Cicione (Rome, Italy). Damaske moved for adoption. Petfalski seconded. Motion carried 7-0. Mayor Slocomb presented the resolutions and some City of Muskego mementos to the students. Reso. #129-2003 - Resolution to Terminate Conditional Use Grant Illuminated Outdoor Recreational Facility Muskego Moose Lodge Property. On the floor, deferred 5/27/2003. The Mayor stated there is no primary structure on the property and nothing has been submitted to the City to date. Petfalski requested privilege of the floor for Mr. Joe Thibedeau of the Moose Lodge to address the Council. There were no objections. Common Council Minutes Page 2 November 25, 2003 Mr. Thibedeau stated they began the process to work with the Army Reserve, which has taken time. Other meetings have taken place with bankers and contractors. It is anticipated that construction of a new building on the site may begin in late spring or early summer. Petfalski moved to defer for nine months. Damaske seconded; motion carried. Reso. #232-2003 - Approval of 2004 Capital Budget. On the floor, deferred 11/11/2003. Three potential issues need to be addressed: 1) $100,243 for Police Dept. software; 2) $354,000 for the Muskego Volunteer Fire Co. truck; 3) $1,454,000 for Tess Corners Station #2 construction loan. There were no objections on allowing individuals to speak to the above issues. 1) Chief Johnson stated the software was deleted during the preliminary budget review process because of financial concerns. He said the item was certainly a priority and requested it be reconsidered since the Council was reviewing other items. The software is critically needed to upgrade the existing system. Petfalski supports because it is a public safety issue; the system is vital to the entire City. Buckmaster asked if response time would be less. Chief Johnson said yes especially when multiple calls are received. Petfalski moved to include $100,243 under Capital Borrowing for Public Safety. Madden seconded. Patterson said we can’t afford it. This will open up requests from other departments. Petfalski said the money will be spent; this has to be done. Buckmaster also expressed concern that other departments had to make cuts and asked the Mayor for his thoughts. The Mayor stated he does not believe it is prudent to include at this time. Motion carried 5-2 with Patterson and Schroeder casting the “no” votes. 2) Mr. Domonic D’Acquisto stated the vehicle being requested would maintain the level of service that is being provided. The cost ($354,000) can be reduced by $56,000 for options that could possibly be added later. Research was done on a less expensive vehicle but it was determined it would not work. The Fire Co. is willing to use reserve funds for the first year debt. Patterson moved to remove the $354,000 cost from the 2004 Capital Budget. Buckmaster seconded. Petfalski stated the Fire Co. is asking to maintain the level of service provided, not increase it. Motion carried 4-3 with Madden, Schroeder, Buckmaster and Patterson voting “yes” and Salentine, Petfalski and Damaske voting “no.” 3) Buckmaster moved to include $1,454,000 for the Tess Corners Station #2 loan under Capital Borrowing for Public Safety. Patterson seconded. Finance Director Gunderson explained the rationale for adding that cost to the 2004 Capital Budget. This will save $102,000 in interest costs during 2004 and reduce borrowing costs. *Petfalski noted the cost for the building’s aesthetics should have been more thoroughly scrutinized. Petfalski noted that the aesthetic upgrades for Station #2 cost more than the MVFC truck request. The truck was requested to maintain a level of service and received greater scrutiny than the cost of the upgrades. Motion carried 7-0. Schroeder stated a policy was established this year not to borrow for any large capital items. The software and fire truck are high priority items but both could have been placed in the 2005 Capital Budget. Patterson agreed. Reso. #232-2003, as amended Common Council Minutes Page 3 November 25, 2003 three times, adopted a 2004 Capital Budget of $3,209,132 by a vote of 5-2 with Patterson and Schroeder voting “no.” Ord. #1158 - An Ordinance to Amend Chapter 13, Section 13.01(2), of the Municipal Code of the City of Muskego (Licensing and Regulation of Animals). Second Reading. Salentine moved for adoption. Buckmaster seconded. Motion carried 7-0. Reso. #243-2003 - Final Resolution Authorizing Area-Wide Reserve Capacity Assessment for Debt Service for Sewer Service Under §66.0703, WI Statutes and Levying Assessment (RCA) Against Benefited Property (Boxhorn Reserve Addition and Big Muskego Estates Addition #1). Buckmaster moved for adoption. Damaske seconded. Motion carried 7-0. Reso. #244-2003 - Preliminary Resolution Declaring Intent to Levy Area-Wide Water Capacity Assessment for Debt Service for Water Service Under §66.0703, Wisconsin th Statutes (15 Amended WCA District - Lakewood Subdivision Area). Patterson moved for adoption. Damaske seconded. Motion carried 7-0. Mr. McMullen was dismissed. Reso. #245-2003 - Approval of Certified Survey Map - Kashian, Town of Vernon. Madden moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #246-2003 - Approval of Certified Survey Map - Malchine, Town of Norway. Madden moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #247-2003 - Approval of Certified Survey Map - Malchine, Town of Norway. Madden moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #248-2003 - Resolution Adopting a Joint Powers Agreement for the 911 Emergency System with Waukesha County. Schroeder moved for adoption. Petfalski seconded. Motion carried 7-0. Reso. #249-2003 - Award of Bid - Well #9 - Big Muskego Estates. Buckmaster moved for adoption. Schroeder seconded. Petfalski moved to defer. Buckmaster seconded; motion carried. Reso. #250-2003 - Approval of Agreement for Employee Assistance Program (2004- 2006). Salentine moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #251-2003 - Authorize Execution of Dental Insurance Contracts for 2004. Schroeder moved for adoption. Petfalski seconded. Motion carried 7-0. Reso. #252-2003 - Resolution Declaring Certain Delinquent Personal Property Taxes to be Uncollectible. Schroeder moved for adoption. Petfalski seconded. Motion carried 7- 0. Reso. #253-2003 - Resolution Establishing Salaries - Election Workers. Schroeder moved for adoption. Buckmaster seconded. Motion carried 7-0. Common Council Minutes Page 4 November 25, 2003 Reso. #254-2003 - Approval of Lease Agreement Between the City of Muskego and Water Bugs Ski Team, Inc. (Idle Isle Park Building). Buckmaster moved for adoption. Petfalski seconded. Salentine questioned the nominal rent that is charged. It was noted that any improvement and other costs associated with the year round use will be paid for by the organization. Motion carried 7-0. Reso. #255-2003 - Approval of Revised Job Points (Plan Department). Petfalski moved for adoption. Schroeder seconded. Patterson questioned the department budget increase. It was noted that the 2004 department budget should not increase because the director position will be vacant for several months. This will offset the increases for the GIS Coordinator and Associate Planner positions. The range for the Community Development Director is one level higher than the existing position of Planning Director. It is not known at this time where the person selected will be placed within the range. Motion carried 7-0. Reso. #256-2003 - Designation and Salary for Interim Planning Director. Petfalski moved for adoption. Madden seconded. Buckmaster requested that the Associate Planner position be reviewed following the hiring of the Community Development Director. Motion carried 7-0. Charter Ordinance #19 - A Charter Ordinance Providing that the Office of the City Clerk- Treasurer be Separated to Become the Office of the City Clerk and the Office of the City Treasurer and that Each Position be Filled by Appointment. First Reading. Discussion may also take place regarding the City’s organizational structure and possible creation of an Administrator position. The Mayor clarified that the ordinance would not create two new positions. It is intended to replace the Clerk upon her retirement and transfer the Treasurer responsibilities of the existing combined position to the Finance Director. Salentine asked the Council not to jump into this. The retirement of the Clerk-Treasurer provides the opportunity to review the City’s internal administrative structure. Other alternatives should be reviewed to determine what is best for the City before people are put into positions. She supports a City Administrator/Clerk position with a part-time Mayor. The Mayor stated the Administrator and Clerk positions are both full time. He noted that the Clerk-Treasurer worked hard to create the timeline that would allow transition within her department to take place before her retirement. He expressed concern about the position being vacant if the charter ordinance is not adopted. Atty. Molter stated if the Council wants to separate the duties, the charter ordinance should be considered. The Council can appoint the individuals it wants to perform the Clerk and/or Treasurer duties. Petfalski supported going through the process to separate the duties. The Administrator position is a separate issue, which can continue to be reviewed. Buckmaster stated he has concerns similar to those of Salentine. Department Head positions should be looked at when they become vacant. A split of the Clerk-Treasurer duties may not be the best way to go. Mayor Slocomb requested other alternatives be brought forward. Buckmaster requested the cost for an organizational assessment similar to what was done in the past. Petfalski stated what we have works; some tweaking may be needed Common Council Minutes Page 5 November 25, 2003 but he does not believe an assessment is required. Schroeder stated he was confident moving forward with the ordinance at this time. Other options can continue to be studied. Buckmaster expressed concern with being tied to the timeline that was created. Petfalski stated there has been sufficient time for additional research to be done since the issue was at the Committee of the Whole meeting. Schroeder stated he welcomes any other plans to be reviewed. If more time is required, that is an option. He requested the internal options for an interim Clerk-Treasurer be provided for the next meeting. Buckmaster said he was suspect as to what other options were discussed. The questions being asked now apparently were not brought up and can’t be answered at this time. Clerk-Treasurer Marenda stated two scenarios were looked at. One would keep the existing position and department staff as is. The other would split the responsibilities. She stated the Clerk job certainly is full time. With the City growing, it was determined that the treasurer duties could be transferred to the Finance Department to provide better service. Other communities and the City’s auditor were consulted. The Mayor, Clerk-Treasurer and Finance Director believe this proposal is in the City’s best interests. Interim appointees were not discussed because the Clerk thought the six-month time frame was ample to accomplish what needed to be done. She does not recommend a City Administrator/Clerk position. She cannot imagine one person being able to accomplish all the tasks required for both positions. Petfalski stated discussion regarding an administrator position came forward because it is believed that the Mayor’s position is becoming too much for one individual to handle. He believes a new position would have to be created. It would be impossible to take the duties an administrator would perform and add them to anyone else’s position. Schroeder stated the City continues to grow and additional staff may be needed in the future to provide services to the citizens. LICENSES Petfalski moved for approval of Operator’s License for Natalie Rawski, Lucinda Neuman, Lynn Cira, Michael Anders, Amanda Wierman and Amanda Strini. Salentine seconded; motion carried. Petfalski moved for approval of a “Class A” Liquor and Beer license for Aldi, Inc. with Pat Rice as agent. Salentine seconded; motion carried. VOUCHER APPROVAL Petfalski moved for approval of payment of General Vouchers in the amount of $970,022.40. Schroeder seconded. Motion carried 7-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $16,602.52. Madden seconded. Motion carried 7-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS Discuss Possible Purchase of Heckert Property on West Tower Drive and Paepke Property on Pioneer Drive for Park purposes. The Mayor stated the City was approached about acquiring a portion (approx. 3 acres) of the Paepke property. It is intended to eventually connect Horn Park with Veteran’s Common Council Minutes Page 6 November 25, 2003 Park, which acquisition of this property could help to accomplish. The Heckert property is currently for sale. Petfalski and Buckmaster wanted the issue to be reviewed by the Parks and Recreation Board first. Possible Appointment by Council of City Representative to Parkland Mall Development Petfalski stated the developer is requesting a central contact person from the Council. Patterson stated this was not successful in the past. It was determined the developer should contact the CDA Chairperson because this issue is before the Community Development Authority at this time. ADJOURNMENT Salentine moved to adjourn at 10:47 PM. Buckmaster seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer