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CCM20041109 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD NOVEMBER 9, 2004 Mayor Slocomb called the meeting to order at 7:53 pm. Also present were Ald. Salentine, Borgman, Buckmaster, Melcher, Madden, Patterson and Schroeder, City Attorney Larson, Clerk-Treasurer Moyer, Finance Director Gunderson, Police Chief Johnson, and Deputy Clerk Blenski. The Clerk stated the meeting was noticed in accordance with the open meeting law on 11/5/2004 and as amended on 11/8/2004. Mayor Slocomb stated the Council would not convene into closed session. Those present recited the Pledge of Allegiance. APPROVAL OF MINUTES Salentine moved for approval of the 10/26/2004 and 11/3/2004 minutes. Madden seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Slocomb announced that Fred Washa and Don Skarda were being appointed to the Teen Advisory Board as the adult-at-large members. The Mayor proclaimed November 17, 2004 as National GIS Day. He also encouraged everyone to remember those who have served our country in honor of Veterans Day. PERSONAL APPEARANCES Michael Kuwitzky, President of the Police and Fire Commission, was present to introduce Mr. Bill Stone, President of PARC, Preventing Alcohol-Related Crashes. Mr. Stone presented a Certificate of Appreciation to Police Chief John Johnson. He commended the efforts of the Muskego Police Department to reduce alcohol-related accidents and underage drinking. Chief Johnson expressed his gratitude on behalf of the department for the recognition. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Salentine moved for acceptance of the 11/3/2004 and 11/9/2004 Finance Committee minutes. Madden seconded; motion carried. Minutes of the 11/2/2004 Plan Commission, 10/27/2004 Library Board, 9/16/2004 Teen Advisory Board and 10/25/2004 Community Development Authority were received and placed on file. OLD BUSINESS Ord. #1181 - An Ordinance to Amend Chapter 12 to Delete Section 12.02 of the Municipal Code of the City of Muskego (Nonintoxicating and Soda Water Beverages). Second Reading. Salentine moved for adoption. Buckmaster seconded. Motion carried 7-0. Ord. #1183 - An Ordinance to Establish Salaries for Aldermen. Second Reading. Madden moved for adoption. Salentine seconded. Motion carried 7-0. Ord. #1184 - An Ordinance to Establish Salary for Mayor. Second Reading. Salentine moved for adoption. Schroeder seconded. The ordinance reflects a biweekly salary of $2,556.67 for the 3-yr. term, which is a 2.9% increase. Motion carried 7-0. During City Officials’ Reports, Salentine moved for reconsideration of Ord. #1184. Schroeder Common Council Minutes Page 2 November 9, 2004 seconded; motion carried. Schroeder moved to amend the ordinance as discussed to reflect the recommendation from the Finance Committee. Buckmaster seconded; motion carried. Ord. #1184, as amended, adopted 7-0. NEW BUSINESS Reso. #179-2004 - Appropriating the Necessary Funds for the Operation of the Government and Administration of the City of Muskego for the Year 2005. Salentine moved for adoption. Madden seconded. Finance Director Gunderson stated the resolution establishes the 2005 operating budget with total expenditures in the amount of $15,002,313 and a tax revenue of $10,885,452. The tax revenue includes a property tax levy in the amount of $10,552,452, which is 4.6% higher than last year. The tax rate would be set at $6.41 per $1,000. Since review of the budget at the public hearing, Chief Johnson has requested additional funds in 2005 for uniforms and necessary employment testing costs. These additional funds amount to $5,500 and are the result of increased employee turnover in the department. Schroeder moved to take the matter up as an amendment to the budget in 2005. Salentine seconded; motion carried. Patterson stated there was a contingency that the Public Works Committee would review hiring the building inspector position. Ms. Gunderson stated that contingency could be placed in the resolution authorizing the positions established with adoption of this budget. Schroeder requested the language be that the Public Works Committee will have oversight in the establishment of necessary staffing levels for the Building Inspection Department. The Public Works Committee will then make a recommendation to the Finance Committee. Schroeder suggested moving $100,000 from the undesignated landfill fund to compensated absences or to capital item purchases to lower the amount to be borrowed. The projected balance left in the fund would be $99,698. Mayor Slocomb recommended not moving any funds at this time. Schroeder moved to amend the budget to move $100,000 of the 2005 undesignated landfill funds into compensated absences. Buckmaster seconded. Patterson stated we should wait until we actually have the funds until we shift them. Buckmaster supported the transfer. Madden stated we don’t know if we will have the money. Schroeder stated we don’t know about the funds that are allocated to other accounts, such as Park Dedication either. He believes if the money is not allocated to compensated absences, it will be gone. Mayor Slocomb stated the money going into the fund is subject to the amount of waste going into the landfill. The amount has changed in the past several years. Schroeder stated that one goal set by previous Councils has been to have the funds in compensated absences equal the obligation. Schroeder called for the question. There were no objections. Motion to amend failed 5-2 with Schroeder and Buckmaster casting “yes” votes. Reso. #179-2004 adopted 7-0. Reso. #180-2004 - Approval of 2005 Capital Budget. Buckmaster moved for adoption. Salentine seconded. Finance Director Gunderson stated the resolution presents the capital budget items reviewed by the Committee of the Whole. However, the Mayor has been working with the City of New Berlin regarding the Tess Corners Pond issue. Funds for the project have been included in the Capital Budget in the past. It now appears that an additional $1.1 million is needed for the City’s portion of the project. Ms. Gunderson distributed a proposed amendment to the resolution to include the additional funds under capital borrowing. Mayor Slocomb confirmed that there are Common Council Minutes Page 3 November 9, 2004 outstanding issues regarding the project including the available grant money. One of the things that has happened is that the amount of land being acquired for the stormwater facility has significantly increased. In addition, the land would be acquired through purchase and not by easement as was originally proposed. The Mayor stated the estimated total cost is $4.4 million, with the City’s portion’s being $2.2 million. The City already borrowed $714,000 for the project. The City differs with New Berlin regarding the estimated construction costs ($2.6 million). Discussion ensued regarding New Berlin’s choice to directly purchase the property. Schroeder stated that decision does not benefit the City in any way. Salentine stated if we are going to pay 50% of the land acquisition cost, we should own 50% of the land. Buckmaster said he was very unsettled about this. The project has been discussed for the last four to five years and it is uncalled for that New Berlin now expects this of us. Schroeder stated he cannot commit to increase the capital borrowing by $1.1 million at this time. It is not fair that this is first being presented tonight. Salentine agreed but was concerned that deferring this too long could put the grant money in jeopardy. It was determined that the Council would proceed to review the other capital items and set this item aside. Buckmaster moved to remove the $41,000 cost for the Police Department generator from the 2005 Capital Budget. He believes more information is required to support what is exactly needed. The item was moved from the 2006 Capital Plan to 2005. He would like to see it remain in the 2006 plan. Schroeder seconded. Salentine disagreed. The amount should be left in the budget. The purchase would require Finance Committee approval and Chief Johnson could gather the necessary information and present it to the Committee prior to the purchase. This is not only about potential terrorism; it could be needed for a power outage. The unit that is currently at the Police Department can’t take care of the building. Buckmaster stated there are too many variables that don’t add up. We need to explore emergency power options for not only the Police Department but other municipal buildings as well. One option is a portable generator. Mayor Slocomb noted that Chief Johnson did hire an electrical firm to do an assessment and determine what was needed to support the facility. Buckmaster stated we do not have data that supports this and how do we know it will only cost $41,000? Schroeder stated there might be a benefit to looking at this further. Madden stated a portable generator costs about four times what the Chief is asking for. Salentine called for the question. There were no objections. Motion failed 4-3 with Salentine, Madden, Borgman and Patterson voting “no” and Schroeder, Melcher and Buckmaster voting “yes.” Finance Director Gunderson stated during discussion at Committee of the Whole, the Assessor was requested to contact CLT regarding the internal reval. CLT did respond that it is not willing to submit a quote for a two-year period. The company has agreed to complete the work in 2007 at a cost of $164,000, which is $14,000 higher than the proposed three-year plan. Schroeder objected to receiving the information at this late date. Mayor Slocomb stated the Assessor provided the information upon receipt. Schroeder suggested bidding the work out. The Mayor responded that you typically receive a good price the first year and then the price increases. You lose consistency, which affects the quality of the work if you routinely change companies. Schroeder objects to using a company that can’t meet the City’s expectations. Schroeder asked about the return on investment for the phone system. He has not seen that in writing. Madden responded that the City is still interviewing different Common Council Minutes Page 4 November 9, 2004 vendors. Proposals have not been finalized. She has been working with Mr. Sommers and it appears that the rate of return will be anywhere from 4 to 5 years at the most. The vendors will be brought to a future Committee of the Whole meeting. Motion to adopt Reso. #180-2004 carried 7-0. Reso. #181-2004 - Approval of Lease Agreement Between the City of Muskego and Muskego Chamber of Commerce. Salentine moved for adoption. Borgman seconded. Motion carried 7-0. Reso. #182-2004 - Approval of St. Andrew’s Village Condominium Development Model Home Agreement - Condos #1, #10 and #13. Salentine moved for adoption. Madden seconded. Motion carried 7-0. Reso. #183-2004 - Approval of Certified Survey Map - Erdmann. Buckmaster moved for adoption. Borgman seconded. Motion carried 7-0. Reso. #184-2004 - Approval of Preliminary Plat - Heather’s Way Subdivision. Buckmaster moved for adoption. Borgman seconded. Motion carried 7-0. Reso. #185-2004 - Approval of Agreement Between the City of Muskego and Illingworth Corporation (Bank One Corporation) for the Janesville Road Sewer Extension. Salentine moved for adoption. Madden seconded. Motion carried 7-0. Reso. #186-2004 - Award of Bid - Janesville Road Sewer Extension. Salentine moved for adoption. Madden seconded. Motion carried 6 in favor and Buckmaster voting “no” because of past work done by the contractor. Reso. #187-2004 - Approval of Agreement for Ambulance Services with the Tess Corners Volunteer Fire Department for 2005. Madden moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #188-2004 - Approval of Cleaning Service Contract for 2005 (Jani King). Salentine moved for adoption. Madden seconded. Motion carried 7-0. Reso. #189-2004 - Approval of Intermunicipal Agreement Between the City of Muskego and the City of New Berlin for the Construction of the Tess Corners Creek North Drainage Basin. Salentine moved for adoption. Patterson seconded. Salentine moved to defer. Patterson seconded; motion carried. Reso. #190-2004 - Approval of Lease Agreement with Waukesha County for the Tess Corners Municipal Parking Lot. Salentine moved for adoption. Buckmaster seconded. Salentine moved to defer. Buckmaster seconded; motion carried. Reso. #191-2004 - Resolution to Approve Police Department Organizational Change. Salentine moved for adoption. Madden seconded. Motion carried 7-0. Reso. #192-2004 - Approval of Common Representation/Joint Defense Agreement with Regard to DNR/MMSD. Salentine moved for adoption. Borgman seconded. Mayor Slocomb stated the last line of the first page of the agreement is missing and should Common Council Minutes Page 5 November 9, 2004 read, “whichever is smaller. Services shall be billed at the rate of $290 per hour.” Salentine moved to amend to include. Madden seconded; motion carried. Schroeder expressed concern that the insurance carrier will have issues with the City retaining an attorney if the company has assigned one to us regarding this case. Mayor Slocomb stated that the insurance company is really not doing anything. Schroeder said we may be giving them an easy out not represent us by doing this. Mayor Slocomb believes the insurance company will work to get a declaratory judgment not to provide coverage. Schroeder requested clarification regarding representation if there is a lawsuit. It was noted that this would be financed by the sewer utility. Reso. #192-2004, as amended, adopted 7-0. Reso. #154-2004 - Offer to Purchase - Paepke. On the floor, deferred 10/12/2004. The Mayor stated the City had an appraisal done as well as the property owner. Schroeder asked what funds would be used. The Mayor stated the land is more suitable for conservation purposes and there are sufficient funds for the purchase. Buckmaster moved to purchase the property for $61,000 out of conservation funds. Salentine seconded. Schroeder wanted it understood that the land conservation fund still had financial responsibilities for the payment of debt service. Buckmaster stated this area has been eyed in the past. He supports the acquisition. Motion carried 6 in favor and Schroeder voting “no.” LICENSES Salentine moved for approval of a regular Operator’s license for Robert Raasch, Michael Miscikowski, Kristina Smiley and Tom Moritz. Schroeder seconded; motion carried. VOUCHER APPROVAL Salentine moved for approval of payment of General Vouchers in the amount of $574,676.50. Schroeder seconded. Motion carried 7-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $207,938.64. Buckmaster seconded. Motion carried 7-0. CITY OFFICIALS’ REPORT Melcher requested a full packet for the Tuesday Finance Committee meeting. At this time, it was noted that a motion should have been made to amend Ord. #1184 and the ordinance was reconsidered. Action recorded under “Ord. #1184.” ADJOURNMENT Buckmaster moved to adjourn at 10:14 pm. Borgman seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Janice Moyer, CMC, CMTW Clerk-Treasurer