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CCM20040127 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD JANUARY 27, 2004 The meeting was called to order at 7:49 by Mayor Slocomb. Also present were Ald. Petfalski, Buckmaster, Damaske, Madden, Patterson, Salentine, and Schroeder, City Attorney Molter, Clerk-Treasurer Marenda, Finance Director Gunderson, and Deputy Clerk Blenski. The Clerk stated the meeting was noticed in accordance with the open meeting law on 1/23/2004 and as amended on 1/26/2004. The Clerk read the closed session notice. APPROVAL OF MINUTES Petfalski moved for approval of the 1/13/2004 minutes. Salentine seconded; motion carried. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Salentine moved for acceptance of the 1/21/2004 and 1/27/2004 Finance Committee minutes. Schroeder seconded; motion carried. Petfalski moved for acceptance of the 1/19/2004 and 1/27/2004 Public Utilities Committee minutes. Patterson seconded; motion carried. Minutes of the 1/15/2004 Community Development Authority, 12/17/2003 Library Board, 1/12/2004 Joint Parks and Recreation Board/Conservation Commission meeting, 1/12/2004 Parks and Recreation Board, 1/12/2004 Conservation Commission, 1/15/2004 Police & Fire Commission, and 1/20/2004 Plan Commission were received. Regarding the study for park dedication and conservation fees, the Mayor noted that the park dedication portion can move forward. A revised report regarding the conservation fees will go back to the Conservation Commission. The City Atty. clarified that an ordinance was required to adopt the fees. Petfalski asked what the rationale of the Plan Commission was regarding deferral of the Northfield Green Preliminary Plat. Mayor Slocomb stated the Commission’s issue was that property originally proposed for commercial use was being converted to residential. The Plan Commission also wanted the Economic Development Strategic Plan adopted before making a recommendation. Petfalski stated he believes the Plan Commission was strictly looking to the north and not at the surrounding residential areas. He is a strong proponent for new business but it has to be located in the right place. Transition between commercial and residential development is needed. The multifamily proposed by the developer provides that transition. He requested the Plan Commission take this into consideration. Buckmaster agreed with the statements made by Petfalski. The Plan Commission’s comments are contrary to the City’s vision for development of that area. OLD BUSINESS Reso. #012-2004 - Assignment of Lease Agreement for Public Access to Navigable Waters (Big Muskego Lake). Possible Reconsideration. Salentine moved for reconsideration. Patterson seconded; motion carried. Damaske moved to amend the attached assignment to reflect that the property was actually sold to 13960 Boxhorn Drive, LLC and not Mr. Schim. Mr. Schim is a member of the LLC. Madden seconded; motion carried. Reso. #012-2004, as reconsidered and amended, adopted 7-0. Common Council Minutes Page 2 January 27, 2004 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. On the floor, deferred 1/13/2004. Finance Director Gunderson reviewed the options for an administrative position that she drafted. The staff recommendation to split the responsibilities of the position without the addition of an administrator position reflects a potential cost savings. Salentine stated it was a good starting point but believed the proposed salary for an administrator position was too high. The Mayor said location of the municipality is a factor. Ms. Gunderson stated she used Oak Creek, Mequon and Elm Grove to determine a proposed dollar amount. Salentine said this provided an opportunity for the Council to review different scenarios. She supports an administrator position. Mayor Slocomb said that the requirements for the position should be defined. Buckmaster said a job description would have to be created and a determination made as to how the position would work with the Mayor’s office. He has brought up the Finance Director/Administrator option primarily because she is currently involved with HR functions and has a working relationship with the other department heads because of the budget. Giving the duties that an administrator may have to an existing department head position may provide a means to see how it works. The Mayor briefly reviewed the history regarding the creation of an Administrator/HR position. The position was never filled because of budgetary constraints. He recommends that creating and filling an administrator position should be put on hold at this time. Looking at doing something internal may work but the budget process for the next several years will be extremely difficult. He thinks hiring new people is out of line especially since the City had to eliminate positions last year. Mayor Slocomb also stated that all of the City’s department heads are here over 8 hours a day and have full time responsibilities. Adding more responsibilities without support will not work. Buckmaster stated he wants the citizens to have a government that is efficient and effective at the least possible cost. He is willing to work with the Mayor’s office on the best way to achieve that goal. Petfalski stated that all of the different scenarios need to be reviewed but all except one require adoption of the charter ordinance. How the positions are filled once split can be discussed but this is the first step. He also has similar concerns with budget constraints for 2005. We have to be diligent on what our needs are vs. what our wants are. Charter Ordinance #19 defeated due to a lack of a 2/3 vote in the affirmative with Madden, Schroeder, Petfalski and Patterson voting “yes” and Salentine, Damaske and Buckmaster voting “no.” The Mayor stated we would go ahead to fill the Clerk- Treasurer position. Buckmaster stated discussion did take place that the deputies could fill in while the Council continues to review the issue. Mayor Slocomb cautioned that a big loss would be experienced come April when the fifty plus hours a week Jean puts in cease. What are you willing to sacrifice? Buckmaster asked if the Mayor’s Administrative Assistant could be utilized. The Mayor stated compilation of the Council material was involved and not done casually. Petfalski asked how the “hole” would be filled once Jean is gone. This is a presidential election year with a lot of work. You can’t just continue to say no; we need direction. Schroeder stated the process to review the issue could continue through the budget process; we need to take action sooner. Patterson stated we need to respond to the needs of the citizens and that won’t happen with the elimination of one full-time position in the department. Putting this off will not be productive. If the position duties are split, they can always be combined in the future. Damaske stated he wants to look at the whole picture including an administrator with Common Council Minutes Page 3 January 27, 2004 economic development experience. Schroeder agrees but what do we do from April until the end of the budget cycle to fill those 50 hours of work time. The department is run lean and the loss of 40 to 50 hours will not help. Salentine stated it is difficult to make changes once individuals are put into positions. Madden suggested hiring another person and both could act as deputies until the issue is resolved. Damaske asked if discussion should continue on this issue since the vote has been taken. He would like the issue placed on a future Committee of the Whole agenda. The City Attorney stated that the Council should move on unless someone who voted to defeat the ordinance wanted to make a motion to reconsider it. Ord. 1160 - An Ordinance to Amend the Zoning Map of the City of Muskego (RS-2 and RS-3/OED to RS-3/OPD - Kenwood Place Subdivision). Second Reading. Damaske moved for adoption. Madden seconded. Damaske moved to defer. Madden seconded; motion carried. Ord. #1161 - An Ordinance Extending a Moratorium on Land Divisions, Rezoning Petitions and the Approval of Building, Site and Operation (BSO) Plans (Moorland Road Corridor North of Janesville Road - Tax Key Nos. 2166.997, 2169.990, 2169.996, 2166.999, 2169.992, 2169.998, 2169.986, 2169.993, 2169.999, 2169.987, 2169.994, 2172.998, 2169.988, 2169.995, 2172.998.002, 2169.989, 2169.995.001, 2172.999, 2169.991, 2169.997 and 2166.998). Second Reading. Petfalski moved for adoption. Buckmaster seconded. The Mayor stated a preliminary timeline was prepared by the Plan Dept, which assumes the Economic Development Plan will be adopted tonight. Buckmaster stated that after further discussion with City staff, Paula Johnson does not want her parcel removed from the area affected by the moratorium. Motion carried 7-0. Ord. #1162 - An Ordinance to Amend the Zoning Map of the City of Muskego and 2010 Comprehensive Plan (RS-2 to RSA and B-2 - Northfield Green Subdivision). Second Reading. Petfalski moved for adoption. Buckmaster seconded. The Mayor expressed concern about this moving forward without a recommendation from the Plan Commission. The City Atty. stated that because of a conflict of interest, he was not able to give the Council advise on how to proceed. He made reference to Section 17:3.06 (2) (d) 2. Salentine called for the question. There were no objections. Motion to adopt carried 7-0. Salentine moved for reconsideration. Petfalski seconded; motion carried. Petfalski moved to amend to remove “and approval and execution of a final plat, Subdivider’s Agreement and Letter of Credit for Northfield Green Subdivision on or before January 14, 2005” from Section 3. Salentine seconded; motion carried. It was clarified that the current zoning is RS-2. A Resolution of Intent was passed several years ago to rezone the property to B-3. The current proposal is to rezone the parcel to RSA and B-2, which is much less intensive than B-3. Schroeder acknowledged that a buffer for the residential area was probably needed to the south but he has an issue with losing the B-2 on Janesville Road. However, he would not like to see B-3 there either. Ord. #1162, as reconsidered and amended, adopted 7-0. NEW BUSINESS Reso. #020-2004 - Resolution to Adopt Sustainable Economic Strategic Plan 2003. Petfalski moved for adoption. Buckmaster seconded. Petfalski stated following adoption of the plan, it should be used as a guide. His concern is that the plan shows three different alternatives regarding economic development organizational structure. Common Council Minutes Page 4 January 27, 2004 He prefers keeping engineering and building separate from economic development. Buckmaster stated the Mayor’s Task Force struggled with the issue of organizational structure and whether or not it should be incorporated in the plan. He also supports the plan being used as a guide. Petfalski noted that the City’s Conservation and Comprehensive Plans are not in concert with each other and that needs to be addressed. Ms. Gunderson noted that Dave Anderson of Ehlers stated two sections pertaining to the Community Development Authority (CDA) and its authority need clarification (Sections 3. and 4., Pages 58 and 59) under Economic Development Tools and Techniques. Another issue that Petfalski expressed is that the City needs to spend equal time to retain the existing businesses, especially those in the Industrial Park. Two separate businesses have contacted him about expansion problems because of stormwater requirements. Buckmaster stated there was a recommendation that the Mayor’s Task Force or another entity could address those concerns; it needs to be brought up again. The Mayor said the plan could be changed in the future by resolution of the Council. Petfalski requested that these minutes be included as part of the Council’s adoption of the plan. Petfalski thanked the members of the Mayor’s Task Force including Ald. Damaske and Buckmaster for their work on the plan. Schroeder moved to amend to add “subject to review of technical corrections to Sections 3 and 4 on Pages 58 and 59 by the Mayor and Financial Consultant.” Salentine seconded; motion carried. Reso. #020-2004, as amended, adopted 7-0. Reso. #021-2004 - Approval of Certified Survey Map - Kraussel. Madden moved for adoption. Buckmaster seconded. Motion carried 7-0. Reso. #022-2004 - Approval of Condominium Plat - Fountain Park. Madden moved for adoption. Buckmaster seconded. Motion carried 7-0. Reso. #023-2004 - Approval of Lease Agreement with Eddie Schaefer for Park Arthur (South Section). Petfalski moved for adoption. Schroeder seconded. Motion carried 7- 0. Reso. #024-2004 - Authorization to Execute 2004 Subgrantee Agreement Between Waukesha County and City of Muskego. Schroeder moved for moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #025-2004 - Approval of Distribution Easement to WE Energies. Schroeder moved for adoption. Madden seconded. Motion carried 7-0. LICENSES Petfalski moved for approval of Operator’s License for Jarret Schwake, Alexis Hayes, and Sandra Morales. Buckmaster seconded; motion carried. Petfalski moved for denial of Operator’s License for Sean Reid Murphy because of his record of being involved with underage drinking activities. Schroeder seconded; motion carried. It was noted that the City was receptive to the applicant reapplying for a license after a 12-mo. period. Petfalski moved for approval of a “Class A” Liquor and Beer Retailers’ License for O’Connor Petroleum Co., Inc. d/b/a Jetz Convenience Center (Robert O’Connor, agent). Schroeder seconded; motion carried. Common Council Minutes Page 5 January 27, 2004 Petfalski moved for approval of a Races on Ice Permit and Temporary Class “B” License to Sell Fermented Malt Beverages for the Muskego Icetronauts for the 2/8/2004 event. Schroeder seconded; motion carried. VOUCHER APPROVAL Petfalski moved for approval of payment of General Vouchers in the amount of $646,085.02. Salentine seconded. Motion carried 6-0. Petfalski moved for approval of payment of Utility Vouchers in the amount of $273,908.01. Damaske seconded. Motion carried 6-0. Petfalski moved for approval of Tax Checks in the amount of $3,806.69. Salentine seconded. Motion carried 6-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS The draft February calendar was reviewed. Damaske stated he attended an informational meeting held by New Berlin District #4 Alderman regarding development of the New Valley Sand & Gravel site. This was a question and answer session for New Berlin residents. Development of the property is contingent on availability of sewer and water from Muskego. Damaske questioned the expenditure of City funds at this time to have Ruekert & Mielke do a preliminary study. Petfalski stated he plans to hold an informational meeting for people in his district; the developer has agreed to attend to respond to any concerns. Salentine stated the Council did pass a resolution of intent to support the study of the redevelopment but no specific dollars were identified. She believes that should have come back before the Council for approval. She also questioned why Ruekert & Mielke did the study because they also represent New Berlin; couldn’t there be a conflict of interest. Salentine stated she was upset that Muskego paid for the study and it had been provided to New Berlin staff but not the Muskego Council. Petfalski believes it was understood that passage of the resolution of intent involved monies being spent. It also directed the staff of both municipalities to work together to determine the feasibility of the project. Schroeder requested a copy of the study. Patterson stated it appears this is a matter of poor communication. He requested that the issue be placed on the monthly Committee of the Whole agendas. Shouldn’t New Berlin pay for additional capacity? Mayor Slocomb stated that was the intent. The developer, Mr. Carity, was present and indicated that this will be before the 2/3/04 New Berlin Plan Commission. The studies done have been preliminary. Salentine stated she supports the project. Buckmaster would like to see a spending threshold established. Petfalski noted that research was done earlier before redevelopment of this site was discussed. The existing data from that study was able to be utilized for this project. Damaske noted that another informational hearing was scheduled for 1/31/04 from 10 to Noon. He asked how this would affect Muskego’s economic development? The Mayor stated he does not believe the proposal will directly compete with what may locate in Muskego. He believes the impact will be positive because development of the area will make Muskego look more attractive. Schroeder requested that the issue also be placed on future Public Utilities Committee agendas under Project Update. The Mayor gave an update on the Ewald-Engel property. Schroeder and Buckmaster requested a map of the property in question and the surrounding area. The Mayor gave an update on the hiring of a Community Development Director. He intends to begin interviews next week. Common Council Minutes Page 6 January 27, 2004 Petfalski noted that the Plan Department did a great job regarding the GIS website. Petfalski 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. Damaske seconded. Motion carried 7-0. The Finance Director was requested to stay. The Clerk and Deputy were dismissed. Salentine moved to reconvene into open session. Petfalski seconded. Motion carried 7-0. ADJOURNMENT Petfalski moved to adjourn at 11:04 PM. Damaske seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer