CCM20031209
COMMON COUNCIL - CITY OF MUSKEGO Approved as Corrected
MINUTES OF MEETING HELD DECEMBER 9, 2003 1/13/2004
The meeting was called to order at 7:10 PM by Mayor Slocomb. Also present were Ald.
Petfalski, Buckmaster, Damaske, Patterson, Schroeder and Salentine, City Attorney
Molter, Clerk-Treasurer Marenda, Finance Director Gunderson, Associate Planning
Director Muenkel, and Deputy Clerk Blenski. Ald. Madden was absent. Those present
recited the Pledge of Allegiance. The Clerk stated the meeting was noticed in
accordance with the open meeting law on 12/5/2003. The Clerk read the notice of
closed session.
NEW BUSINESS
Reso. #257-2003 - Recognition of 25 Years of Service - Janice Hughes City Clerk-
Treasurer’s Office. Salentine moved for adoption. Petfalski seconded. Motion carried
6-0. Clerk-Treasurer Marenda acknowledged Jan’s exceptional service to the City
during the past 25 years. The resolution was presented to Jan Hughes who graciously
accepted it.
The Council adjourned at 7:13 PM to hold the scheduled public hearings. The Council
then reconvened at 8:06 PM. Mr. Muenkel was dismissed.
APPROVAL OF MINUTES
Petfalski moved for approval of the 11/25/2003 minutes. Salentine seconded; motion
carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Slocomb expressed his gratitude to all those involved in the Treasure the
Holidays program. In addition, the Mayor announced the formation of a Committee to
interview the applicants for the Community Development Director position. Ald.
Petfalski will serve on the Committee as the Council representative. The application
process closes on 12/29.
PERSONAL APPEARANCES
Mr. Bob Adams of WPS was present to address health insurance questions. Mayor
Slocomb asked how the City could get the “most bang for its buck.” Mr. Adams stated
the plan design drives the cost. The City’s plan provides good benefits and encourages
participants to utilize it. Employee contributions may provide initial financial relief but
only serve as a band-aid; they can actually increase utilization of the insurance. Mr.
Adams stated he would review the City’s utilization and put a package together
including employee education. He is awaiting some additional reports recently
requested to provide the City some specific alternatives, such as the use of mail order
for prescriptions. Ms. Gunderson noted that Mr. Adams was just given the City’s
account last Thursday. She did work with the previous WPS representative and does
have some comparison information that could be provided to the Negotiating
Committee. The Mayor thanked Mr. Adams for his attendance.
ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS
Petfalski moved for acceptance of the 12/3/2003 Finance Committee minutes.
Schroeder seconded; motion carried.
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December 9, 2003
Petfalski moved for acceptance of the 12/9/2003 Finance Committee minutes.
Schroeder seconded; motion carried.
Patterson moved for acceptance of the 11/24/2003, 12/5/2003 and 12/8/2003 Public
Services Committee minutes. Damaske seconded; motion carried.
Minutes of the 11/19/2003 Library Board, 12/1/2003 Community Development Authority
and 12/2/2003 Plan Commission were received and placed on file.
OLD BUSINESS
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. Second Reading. It was
noted that Madden requested the item be deferred as she could not be present to vote.
No other plans or ideas were presented. Atty. Molter noted it was questionable if the
original timeline could be followed. Petfalski requested that concerns or other ideas
Council members have should be brought forward so the issue could be resolved. It
was determined that the issue should be placed on the 1/8/2004 Committee of the
Whole agenda. Petfalski moved to defer. Salentine seconded; motion carried.
Reso. #249-2003 - Award of Bid - Well #9 - Big Muskego Estates. On the floor,
deferred 11/25/2003. Mayor stated there were still outstanding issues. Petfalski moved
to defer. Patterson seconded; motion carried.
NEW BUSINESS (Continued)
Reso. #258-2003 - Approval of Amendment to Pay for Performance Program. Salentine
moved for adoption. Schroeder seconded. The Mayor stated the Finance Committee
recommended amending the range of wage adjustment for performance from 0% - 5%
to 0% to 4%. Buckmaster asked why the Committee made that recommendation.
Schroeder stated the 0% - 5% range was not consistent with other municipalities in SE
Wisconsin and was excessive. He believes the 0% - 4% range is more acceptable,
especially to his constituents. Buckmaster asked if this would have an effect on future
performance? Schroeder stated he hoped none. However, he has to weigh the fact
that over a five-year period, the average nonrepresented employee received a 5.7%
- 6.2% raise a nonrepresented employee could receive a 5.7% - 6.2% raise on an
annual basis. The Mayor stated that makes it sound like we are giving away money.
The recent salary study revealed that position-to-market adjustments must be
addressed. The Pay for Performance program is one way to accomplish this and he
does not support lowering the range. If the adjustments are not addressed, the
organization will be adversely affected. Petfalski recommends that the adjustments be
accomplished separately. He believes the two issues are separate and does not
support Pay for Performance being used to artificially place people in the appropriate
pay range for their position based on market. Schroeder stated the Pay for
Performance program was initially implemented to move people within their range
because at the time the City’s position-to-market ratio was low. Buckmaster stated he
does not like reducing the range unless what needs to be fixed regarding the salary
study is accomplished. Schroeder stated the latest salary study shows that the City is
much closer to position-to-market and we do not have as much ground to make up as in
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December 9, 2003
the past. Adjustments were made. The Mayor disagrees; the only adjustments made
were to bring people up to minimum and to compensate those for performance who
reached the maximum of their range. Nothing was done to bring the positions to
market. Schroeder disagrees. Petfalski is not opposed to reviewing the salary ranges
but would like some way to quantify the benefits that are offered. A plan to make
adjustments should be put in place if we are not paying competitively but he would like
to review the whole package before making a determination if that is needed.
Schroeder stated he believes the City is competitive. The Mayor indicated he would
obtain cost estimates for a study to determine and include benefits to the salary study
information that was done. Buckmaster suggested further review at the Committee of
the Whole level. Schroeder stated the Council just approved the ranges determined by
the salary study. Buckmaster stated the proposed amendment to the Pay for
Performance program was not a factor when it was approved. Buckmaster moved to
defer. Salentine seconded. Motion defeated 4-2 with Schroeder, Petfalski, Damaske
and Patterson voting “no” and Salentine and Buckmaster voting “yes.” Motion to adopt
Reso. #258-2003 passed 4-2 with Schroeder, Petfalski, Damaske and Patterson voting
“yes” and Salentine and Buckmaster voting “no.” Petfalski requested the issue be
placed on the 1/8/2004 COW agenda.
Reso. #259-2003 - Resolution to Approve Form of Conveyance of Rights in Land
Document, and to Approve Amendment No. 1 to Well Site Agreement and Amendment
No. 1 to Homes by Towne of Big Muskego Estates LLC - City of Muskego - Big
Muskego Estates Subdivider’s Agreement. Salentine moved for adoption. Damaske
seconded. Schroeder moved to amend Amendment No. 1 to Well Site Agreement to
st
remove the “1 day of March, 2004” date in Item 3. under the NOW, THEREFORE
paragraph with the date to be determined by the Mayor, City Attorney and
Engineering/Building Inspection Director. Buckmaster seconded. The City Attorney
stated the March 1 date does not work because the bid for the well must be awarded by
the end of January. Motion carried with Petfalski abstaining. Reso. #259-2003, as
amended, carried 5 in favor and Petfalski abstaining.
Reso. #260-2003 - Approval of Revolving Loan Fund Application - Gorski, Inc. d/b/a Li’l
Angels Day Care. Clerk-Treasurer Marenda stated that the applicant has withdrawn her
request at this time.
Reso. #261-2003 - Approval of Certified Survey Map - Lawler. Salentine moved for
adoption. Schroeder seconded. Motion carried 6-0.
Reso. #262-2003 - Approval of Certified Survey Map - Scholbe. Schroeder moved for
adoption. Petfalski seconded. Motion carried 6-0.
Reso. #263-2003 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit -
Lindale Estates. Salentine moved for adoption. Petfalski seconded. Petfalski moved to
amend to include the modifications to the Subdivider’s Agreement as outlined in the
12/2/2003 memo from Brian Turk. Schroeder seconded; motion carried. Reso. #263-
2003, as amended, adopted 6-0.
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December 9, 2003
Reso. #264-2003 - Authorize Execution of Contract for Weekly Refuse Collection and
Disposal and Biweekly Recycling Collection and Disposal. Petfalski moved for
adoption. Damaske seconded. Petfalski moved to amend to insert the name “Onyx
Waste Services Midwest, Inc.” and to add “contingent on the City being able to enter an
agreement with the school district satisfactory to the Mayor to pay for its portion of the
contract” at the end of the NOW, THEREFORE, BE IT RESOLVED. Patterson
seconded; motion carried. Atty. Molter stated the agreement could be in the form of a
letter from the school district. Patterson clarified that service for leaf and brush pickup
was removed because of the requirement that those items be put in large paper bags.
The Mayor noted that the current cost for refuse and recycling service would probably
be able to remain the same for the next 3 to 5 years. Reso. #264-2003, as amended,
adopted 6-0.
Reso. #265-2003 - Resolution to Establish Fees for Rescue Service. Patterson moved
for adoption. Petfalski seconded. Motion carried 6-0.
Reso. #266-2003 - Approval of Carriers for the City’s Insurance for 2004. Salentine
moved for adoption. Schroeder seconded. Motion carried 6-0.
Reso. #267-2003 - Approval of Cleaning Service Contract for 2004. Schroeder moved
for adoption. Petfalski seconded. Schroeder explained the rationale to keep the
restroom facilities open at Veteran’s Park and to request a quote for cleaning services
for them. Finance Director Gunderson stated the cost was not received to date. The
cost for the service will come before the Council as a separate issue once received.
Motion carried 6-0.
Reso. #268-2003 - Authorize Execution of Health Insurance Contract for 2004.
Schroeder moved for adoption. Petfalski seconded. Motion carried 6-0.
Reso. #269-2003 - Authorizing Cancellation of Certain Uncollectible Accounts
Receivable (Rescue). Schroeder moved for adoption. Salentine seconded. Motion
carried 6-0.
Reso. #270-2003 - Resolution of Necessity (Paepke). Salentine moved for adoption.
Petfalski seconded. Buckmaster stated the Parks & Recreation Board recommended
acquisition of the property be pursued. Motion carried 6-0.
Reso. #271-2003 - Authorizing the Hiring of an Appraiser and Relocation Expert to
Carry Out Resolution of Necessity Known as Resolution #270-2003. Damaske moved
for adoption. Buckmaster seconded. Motion carried 6-0.
Reso. #272-2003 - Authorize Expenditure for Professional Services for Community
Development Authority. Petfalski moved for adoption. Schroeder seconded. Motion
carried 6-0.
Reso. #273-2003 - Approval of Revised Agreement with Ruekert & Mielke for
Engineering Services. Salentine moved for adoption. Patterson seconded. Salentine
asked if the hourly rates were the same as those approved in September. The Clerk
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December 9, 2003
stated those were 2003 rates and this agreement contains 2004 rates. The Deputy was
dismissed to obtain the 2003 rates for comparison purposes.
Reso. #274-2003 - Amendment to Personnel Code for Management and Other
Nonrepresented Personnel. Petfalski moved for adoption. Salentine seconded. Motion
carried 6-0.
Reso. #275-2003 - Establish Traffic Regulations. Patterson moved for adoption.
Damaske seconded. Motion carried 6-0.
Reso. #276-2003 - Resolution Authorizing Special Quarterly Charges for Garbage and
Refuse Disposal and Recycling Service for 2004. Patterson moved for adoption.
Petfalski seconded. The Mayor noted that the rate is identical to 2003. Motion carried
6-0.
Reso. #277-2003 - Intent to Accept Improvements to Qualify for General Transportation
Aids. Schroeder moved for adoption. Salentine seconded. Motion carried 6-0.
Reso. #278-2003 - Approval of Distribution Easement to WE Energies. Buckmaster
moved for adoption. Damaske seconded. Motion carried 6-0.
Ord. #1159 - An Ordinance to Amend the Zoning Map of the City of Muskego (B-2 to
HC-1 and RSA-OIP to HC-1 - Janesville Road and Durham Drive). First Reading.
Buckmaster requested information noted at the public hearing.
Reso. #273-2003 - Approval of Revised Agreement with Ruekert & Mielke for
Engineering Services. Discussion continued and it was noted the 2004 rates were
higher than the 2003 rates. Schroeder believes the rates for 2003 were not put into
effect until September so we benefited. He would like the Mayor to contact Ruekert and
Mielke for clarification. Motion carried 5-1 with Patterson casting the “no” vote.
LICENSES
Petfalski moved for approval of Operator’s License for Jeraline Enk, Doris Leighton,
Reanna Ramazini and Tiffany Defouw. Salentine seconded; motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$733,765.31. Salentine seconded. Motion carried 6-0. Schroeder moved for approval
of payment of Utility Vouchers in the amount of $145,866.11. Petfalski seconded.
Motion carried 6-0. Petfalski moved for approval of Tax Checks in the amount of $300.
Salentine seconded. Motion carried 6-0.
Damaske moved to convene into closed session pursuant to 19.85(1)(c) Wis. Stats.,
Considering employment, promotion, compensation or performance evaluation data of
any public employee over which the governmental body has jurisdiction or exercises
responsibility, more specifically the 2004 - 2005 Labor Agreements for all bargaining
units. Buckmaster seconded. Motion carried 6-0. The Clerk and Deputy were
dismissed.
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December 9, 2003
Patterson moved to reconvene into open session. Petfalski seconded. Motion carried
6-0.
ADJOURNMENT
Patterson moved to adjourn at 11:35 PM. Petfalski seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer