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CCM20050125 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD JANUARY 25, 2005 The meeting was called to order at 8:21 P.M. by Mayor Slocomb. Also present were Ald. Salentine, Borgman, Buckmaster, Madden, Melcher, Patterson and Schroeder, City Attorney Molter, Clerk-Treasurer Moyer, Interim Plan Director Muenkel and Deputy Clerk Blenski. The Clerk stated the meeting was noticed in accordance with the open meeting law on 1/21/2005. NEW BUSINESS Reso. #013-2005 - Recognition of 25 Years of Service - Paul Geiszler - Muskego Police Department. Salentine moved for adoption. Schroeder seconded. Motion carried 7-0. Mayor Slocomb presented the resolution to Captain Geiszler. The Common Council adjourned at 8:32 P.M. to hold the scheduled public hearings. The Council then reconvened at 8:45 P.M. APPROVAL OF MINUTES Salentine moved for approval of the 1/11/2005 minutes. Madden seconded; motion carried. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Slocomb acknowledged that the City’s Public Works Department did an exemplary job clearing the roads during the weekend snowstorm. The Mayor noted that numerous calls have been received asking why the recreational trails have not been cleared. The City is currently not equipped to clear them following a major snowfall. The issue will be evaluated. Ald. Schroeder asked if a determination should be made regarding which trails should be cleared and which should not to allow winter activities. Mayor Slocomb stated some trails are not cleared for that purpose. There is a priority list for clearing the trails, which the Mayor will provide. Schroeder is concerned that trails will be added and if we work toward clearing them, additional personnel may be needed; this should be evaluated first. Buckmaster suggested putting the topic on the next Committee of the Whole agenda. Schroeder requested that the amount of sand and salt that is used for the roads also be discussed at COW. He received calls from Lake Denoon residents regarding the amount of sand and salt used and the effect that has on the lakes. Possibly Wayne Delikat and Tom Zagar could be present to provide some information. Mayor Slocomb stated that sand is only used during extreme ice conditions where it is too cold for the salt to work. The lakes are tested every year for salt concentrations. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Salentine moved for acceptance of the 1/19/2005 and 1/25/2005 Finance Committee minutes. Madden seconded; motion carried. Buckmaster moved for acceptance of the 1/17/2005 Public Works Committee minutes. Borgman seconded; motion carried. Patterson moved for acceptance of the 1/17/2005 Public Utilities Committee minutes. Schroeder seconded; motion carried. Common Council Minutes Page 2 January 25, 2005 Minutes of the 1/18/2005 Plan Commission and 1/10/2005 Parks and Recreation Board were received and placed on file. OLD BUSINESS Ord. #1186 - An Ordinance to Amend Chapters 1, 2, 17, 18 and 41 of the Municipal Code of the City of Muskego. Second Reading. On the floor, deferred 1/11/2005. The Mayor noted that the City Attorney drafted new language for Sections 1 and 2 to address who presides at the Plan Commission when the Mayor cannot. Schroeder moved to amend Sections 1 and 2 to use the language provided by the City Attorney. Salentine seconded; motion carried. The Mayor stated that some aldermen have concerns regarding the boathouse issue. That section could be stricken and the remainder of the ordinance adopted. Salentine believes the section should remain for now; it could be changed later after discussion. Atty. Molter clarified that another public hearing would be needed if the section was substantially changed. Otherwise, it can just be deferred and brought back later. Schroeder moved to remove and defer Section 7 of the ordinance. Melcher seconded. Motion carried with Salentine voting “no” stating she prefers leaving the section in. Ord. #1186, as amended, adopted 7-0. Reso. #208-2004 - Resolution to Amend the Business Credit Card Policy. On the floor, deferred 12/14/2004. Schroeder moved to defer. Salentine seconded; motion carried. NEW BUSINESS (Continued) Reso. #014-2005 - Reapproval of Certified Survey Map - Krawczyk. Buckmaster moved for adoption. Madden seconded. Motion carried 7-0. Reso. #015-2005 - Approval of Preliminary Plat for the Forest Glen Subdivision. Buckmaster moved for adoption. Madden seconded. Mr. Muenkel noted that the Plan Commission resolution was amended to include language that the centerlines of both roads will line up. Motion carried 7-0. Reso. #016-2005 - Approval of Revocable Occupancy Permit - St. Francis Bank. Salentine moved for adoption. Schroeder seconded. Schroeder clarified that the expenses incurred will be the responsibility of the bank. Motion carried 7-0. Reso. #017-2005 - Acceptance of 2005 Classified Equipment Rates. Salentine moved for adoption. Buckmaster seconded. Motion carried 7-0. Reso. #018-2005 - Award of Bid - Woods Road Relief Force Main and Sewage Pump Station Upgrade - Contract A. Schroeder moved for adoption. Melcher seconded. Motion carried 7-0. Reso. #019-2005 - Award of Bid - Woods Road Relief Force Main and Sewage Pump Station Upgrade - Contract B. Schroeder moved for adoption. Salentine seconded. Motion carried 7-0. It was noted that the bid submitted by the low bidder was later requested to be withdrawn because of omissions. Consulting engineers, Ruekert & Mielke, believe there were errors made that were not intentional. However, they are looking to recoup costs the utility incurred. Motion carried 7-0. Common Council Minutes Page 3 January 25, 2005 Reso. #020-2005 - Approval of Fee Schedule for Department of Public Works. Buckmaster moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #021-2005 - Resolution to Offer Janesville Road Property to the Community Development Authority (CDA) for Development. Salentine moved for adoption. Madden seconded. Schroeder moved to amend to add, “BE IT FURTHER RESOLVED That the Common Council will have final approval authority of any resale of said property.” Salentine seconded; motion carried. Reso. #021-2005, as amended adopted 7-0. Reso. #022-2005 - Approval of License Agreement with American Society of Composers, Authors and Publishers (ASCAP). Salentine moved for adoption. Madden seconded. Motion carried 7-0. Reso. #023-2005 - Approval of Lindale Condominium Plat, Developer’s Agreement, Model Home Agreement and Letter of Credit Amount. Salentine moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #024-2005 - Approval of Final Plat, Subdivider’s Agreement, Model Home Agreement and Letter of Credit for Kenwood Place. Salentine moved for adoption. Schroeder seconded. Borgman stated that there is concern about the culvert that drains the area. There have been problems in the past. There is concern that additional development will create more problems and the culvert will be overwhelmed. Mr. Muenkel stated development should actually help the existing drainage issues. Any new development must contain the water on the property. He distributed plans that depict the grading for the property which include a berm along the property line and a stormwater pond. There is also a City easement. Borgman said the concrete culvert was installed in the early 80’s and not designed to do what we are doing with it. Mr. Muenkel said the development would slow the water down with the addition of the pond. Schroeder requested the following for the record: 1) Mr. Muenkel and the City Engineer should look at the culvert and easement again to make sure the culvert can handle the flow; 2) Prior to the final release of stormwater funds, Ald. Borgman and any residents have the option to meet with City staff to ensure that there aren’t any outstanding issues. Borgman said that sounded acceptable. Buckmaster stated the Public Works Committee should not be bypassed if there are any issues. Schroeder stated the suggestion was intended to be something in addition to the committee’s review. Motion carried 7-0. Reso. #025-2005 - Reapproval of Final Plat, Subdivider’s Agreement and Letter of Credit. Salentine moved for adoption. Madden seconded. Motion carried 7-0. Reso. #026-2005 - Amendment to Personnel Code for Management and Other Nonrepresented Employees of the City of Muskego (Clothing Allowance). Schroeder moved to defer. Salentine seconded; motion carried. Mr. Muenkel was dismissed. Reso. #027-2005 - Establish Salary for Interim Finance Director. Salentine moved for adoption. Madden seconded. Salentine asked why there was reference to Common Council Minutes Page 4 January 25, 2005 compensation for over 48 hours. The Mayor said he proposed a salary rate based on 50 hours. The Committee of the Whole determined a salary rate with no fixed hours. The Mayor said the 48 hours was included because if the employee works more than that, she will be compensated less than her current salary rate with overtime for the additional hours. That is not equitable. Buckmaster stated the Committee of the Whole established a salary and that was it. The resolution has not come to Council with that recommendation. It should have and then could have been amended. Schroeder stated as an exempt employee, the person could use any additional hours worked over 40 in one week and then take that time off the next week. Mayor Slocomb stated it does not work that way. The amount of time taken off never comes close to the additional hours worked. Schroeder said a biweekly salary was set no matter how many hours are worked. The Mayor believes there may be times when the employee’s time exceeds 48 hours in a week. He stated there were two full time positions and you are trying to replace them with one Accountant position. Virchow Krause will not pick up all the remaining duties that she cannot do. Schroeder moved to amend the 48 hours to 50 hours to be consistent with what was established for the interim Clerk-Treasurer. The time for the week when more than 50 hours are worked must be submitted to the Finance Committee for review. Buckmaster seconded; motion carried. Buckmaster moved to amend the resolution to include that the interim Finance Director document all activity by Virchow Krause. Salentine seconded. Schroeder stated that does not need to be in the resolution. The employee can be given direction. Motion carried with Schroeder voting “no.” Reso. #027-2005, as twice amended, adopted 7-0. Reso. #028-2005 - Resolution Providing for the Sale of $1,585,000 General Obligation Promissory Notes. Salentine moved for adoption. Madden seconded. Schroeder recommended that the Police Dept. generator that will be replaced be offered to the school district if it cannot be used somewhere in the City. Schroeder requested that a Letter of Understanding with the Muskego Volunteer Fire Co. be signed prior to the release of any funds for the truck. With execution of the letter, it is understood that if the fire company dissolves, the fire truck will become the property of the City. Motion carried 7-0. Reso. #029-2005 - Resolution Providing for the Sale of $4,315,000 Sewer System Revenue Refunding Bonds. Schroeder moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #030-2005 - Approval of Certified Survey Map - Knudsen. Buckmaster moved for adoption. Melcher seconded. Motion carried 7-0. Reso. #031-2005 - Approval of Certified Survey Map - Knudsen. Buckmaster moved for adoption. Melcher seconded. Motion carried 7-0. Ord. #1187 An Ordinance to Amend the Zoning Map of the City of Muskego (Kastello - RS-2 to RS-3). First Reading. Ord. #1188 An Ordinance to Amend the Zoning Map of the City of Muskego (Boxhorn Reserve Subdivision - R-2, R-3 and RS-3 to RSE/COPD). First Reading. Common Council Minutes Page 5 January 25, 2005 LICENSES Salentine moved for approval of an Operator’s License for Beverly Seidl, Denise Blumenberg, Jennifer Wronski and Alissa Beyer. Schroeder seconded; motion carried. VOUCHER APPROVAL Salentine moved for approval of payment of General Vouchers in the amount of $539,367.61. Schroeder seconded. Motion carried 7-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $ 334,763.20. Buckmaster seconded. Motion carried 7-0. Salentine moved for approval of Tax Checks in the amount $15,539.19. Schroeder seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS The February calendar was reviewed. ADJOURNMENT Madden moved to adjourn at 10:00 P.M. Salentine seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Janice Moyer, CMC, CMTW Clerk-Treasurer