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CCM20050524 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD MAY 24, 2005 The meeting was called to order at 8:01 PM by Mayor Damaske. Also present were Ald. Melcher, Buckmaster, Madden, Patterson, Salentine and Schroeder, City Attorney Molter, Engineering/Building Inspection Director McMullen and Deputy Clerk Blenski. Ald. Borgman was excused. Those present recited the Pledge of Allegiance. The Mayor stated the meeting was noticed in accordance with the open meeting law. Mayor Damaske stated the Council would not convene into closed session. Mayor Damaske recognized the service of the following Marines who served in the Death Triangle of Iraq: Andrew Ciula, Brian Larson, David Lewandowski, Curtis Whittaker and Paul Willinger. In addition, the Mayor recognized the following students for writing a personal commitment to the D.A.R.E. program: Connor McIntosh, Blake Kraussel, Taylor Mitchell, Justin Vaughn, Ellie Drenzek, Chelsea Obermann, Heidi Sehrbrock, and Katie Dwyer (Lake Denoon Middle School); Chelsea Lallemont, Logan Peaslee, Danny Evans, Hailey Alanzio, Haley Blaszczyk, and Lauren Williquette (Bay Lane Middle School); Allan Zablocki, Kaitlynn Bohan, Joe Blommel and Laren Rank (St. Leonard School). Logan Peaslee was selected to read his report. The Mayor noted that a Certificate of Appreciation would be sent to Mr. Michael Kuwitzky for his service on the Police and Fire Commission. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Damaske stated an offer has been received for a free advertising video for the City. The Mayor will be meeting with nonrepresented employees for midyear evaluations; Ald. Buckmaster and Salentine will assist. Notification was received from the U.S. Dept. of Agriculture that it will pay the City $137,000 for conveyance of a permanent easement on the Engel property. APPROVAL OF MINUTES Salentine moved for approval of the 5/10/2005 minutes. Melcher seconded; motion carried. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Salentine moved for acceptance of the 5/18/2005 and 5/24/2005 Finance Committee minutes. Melcher seconded; motion carried. Buckmaster moved for acceptance of the 5/16/2005 and 5/24/2005 Public Works Committee minutes. Melcher seconded; motion carried. Patterson moved for acceptance of the 5/16/2005 Public Utilities Committee minutes. Schroeder seconded. Schroeder clarified that City staff will hold the following informational meetings regarding two proposed utility districts: (Norway) May 31 at 7:00 PM in the Muskego Room and (MMSD) June 8 at 7:00 PM Muskego High School Auditorium. Atty. Molter stated these are informal and not required by statute. There will be a formal public hearing if the issue proceeds further. Motion carried. Minutes of the 4/21/2005 Teen Advisory Board, 5/17/2005 Plan Commission and 5/9/2005 Parks & Recreation Board were received and placed on file. Common Council Minutes Page 2 May 24, 2005 OLD BUSINESS Ord. #1190 - An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan of the City of Muskego (A to RS-2/OPD - Towne Realty/Woodland Creek Addition 1). On the floor, deferred 5/10/2005. Buckmaster noted that the rezoning is not in effect until the final plat is approved. Motion carried 6-0. Reso. #082-2005 - Appointment of Members to the Conservation Commission (L. Pilak, H. Posbrig, W. Miller and T. Decker). Melcher moved for adoption. Salentine seconded. Motion carried 6-0. Reso.. #099-2005 - Approval of Certified Survey Map - Michalski. Buckmaster moved for adoption. Salentine seconded. Motion carried 6-0. Reso. #100-2005 - Reapproval of Certified Survey Map - Sonnentag. Buckmaster moved for adoption. Salentine seconded. Motion carried 6-0. Reso. #101-2005 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit - Forest Glen Subdivision. Salentine moved for adoption. Madden seconded. Mr. McMullen stated the Letter of Credit amount is $1,726,783.30; Atty. Feeley has approved the Letter of Credit format. Discussion took place regarding the intersection of Glen Cove Court and Bay Lane Drive. Mr. McMullen stated that the intersection looks more skewed on the final plat than it will be when constructed. Motion carried 6-0. Reso. #102-2005 - Resolution to Adopt the National Incident Management System (NIMS) Principles. Salentine moved for adoption. Madden seconded. Motion carried 6-0. Reso. #103-2005 - Resolution Adopting a Joint Powers Agreement for the 911 Emergency System with Waukesha County. Buckmaster moved for adoption. Salentine seconded. Motion carried 6-0. Reso. #104-2005 - Resolution to Create the Position of City Administrator and Approve the Job Description, Points and Salary Range. Salentine moved for adoption. Melcher seconded. Buckmaster stated he still has concerns regarding the ultimate cost. He would like to see more data supporting the need for this. He recommended that the reorganization of the Finance and IT Departments be reviewed at the same time that the City moves forward with this position. Buckmaster suggested that the IT Director become the acting Finance Director with some of his work being outsourced as well as payroll. Melcher said the discussions that took place supported waiting until the City Administrator was on board to determine how the Finance Department would be restructured. Madden was concerned about Buckmaster’s suggestion and the employee that would serve as the acting Finance Director. How would the individual be impacted if the City Administrator did not feel that was the right decision and made changes? Patterson stated you can make it clear that the position is temporary and that the City Administrator has the option to make changes. He supports trying. Melcher stated that the IS person has a degree in finance; however, there has not been any experience in that field. He expressed concern that a division could also be created between the City Administrator and IS Director. Salentine said we have an interim Common Council Minutes Page 3 May 24, 2005 Finance Director; you will be asking her to train her boss. Buckmaster said his suggestion attempts to take the weight of being a Department Head and responsibility of supervising the day-to day operations off of the interim person especially as we move toward budget preparation. Madden stated she cannot commit to Buckmaster’s proposal at this point; it was discussed briefly but has not been looked at. This resolution only approves the ability to fill the position at this time. Patterson suggested deferral for two weeks since one alderman is absent. Schroeder stated the responsibility of an administrator is to make recommendations regarding personnel so the City can run more efficiently. However, statements have been made that we will not hire a Finance Director or Administrative Assistant (for the City Administrator). How will the City recruit an Administrator when certain determinations have already been made? In addition, the financial impact of hiring an administrator has not been reviewed. Worst-case scenario could result in costs in excess of $285,000. Salentine asked what happened to hiring someone with a strong financial background? This has come to the twelfth hour and people are pulling punches. Madden stated the cost savings of having a City Administrator must also be taken into account. Schroeder stated there has been discussion about the Mayor’s position becoming part time. This should be taken to the voters. He supports hiring a Finance Director to be the department head with administration and HR duties included in the job description. Melcher said we have talked about this for five months. We talk things to death. All of a sudden, all these issues are arising. What have we talked about for five months? Schroeder stated the issues that were brought up before still exist. He said the reason the Council is struggling with the issue is because it is a want, not a need. Buckmaster stated his decision must be just and sanctioned by his constituents. Madden reminded the Aldermen that what brought us here is that we need help with issues: HR, TABOR, Union Negotiations, etc. Melcher stated the City Administrator must work in conjunction with the Common Council and the Mayor. We are not talking about a person who makes snap judgments in the back room. Salentine called for the question. The vote to call for the question was 3 - 3 with Madden, Salentine and Melcher voting “yes” and Schroeder, Buckmaster and Patterson voting “no.” Discussion continued. Salentine moved to amend the resolution to remove the reference to the points and insert the salary as follows: Min. $68,950, Midpoint $84,500, Max. $100,046 with the Advertisement to reflect a salary of $68,950 - $84,500. Melcher seconded; motion carried. Buckmaster moved to defer to last Council in June. Patterson seconded. Motion failed 3 - 3 with Schroeder, Buckmaster and Patterson voting “yes” and Madden, Salentine and Melcher voting “no.” Reso. #104-2005, as amended, adopted 4-3 with Madden, Salentine and Melcher voting “yes,“ Schroeder, Buckmaster and Patterson voting “no,” and the Mayor voting “yes” to break the tie. Reso. #109-2005 - Resolution to Approve the Mutual Aid Box Alarm System Agreement (MABAS). Melcher moved for adoption. Salentine seconded. Motion carried 6-0. Reso. #105-2005 - Resolution to Create the Position of Building Inspector and Approve the Job Description, Points and Salary Range. Salentine moved for adoption. Melcher Common Council Minutes Page 4 May 24, 2005 seconded. Mr. McMullen stated the points for this position are lower than those of the other inspectors because commercial certification is not required. An annual increase of $1,500 is awarded upon successful completion of each additional required certification. Mr. McMullen stated there are five certifications with the position requiring three upon entry. He stated the dollars for the position to start prior to July 1 would be taken out of the department’s additional revenue. Motion carried 6-0. Reso. #106-2005 - Approval of Payment to Raymond and Annette Kleppin. Melcher moved for adoption. Madden seconded. Atty. Molter stated payment could set a precedent; the insurance carrier has recommended disallowance of the claim. Schroeder agreed with the insurance company’s recommendation. Motion carried 4-2 with Madden and Schroeder voting “no.” Reso. #107-2005 - Establish of Traffic Regulations. Buckmaster moved for adoption. Salentine seconded. Buckmaster moved to amend the language on the third sign to read “No Parking - No Stopping - No Standing Between Signs.” Patterson seconded; motion carried. Salentine moved to amend the location of the second “No Parking” sign to “Located on the north side of Lions Park Drive, 75’ west from Valley Drive.” Melcher seconded; motion carried. Reso. #107-2005, as amended, adopted 6-0. Reso. #108-2005 - Award of Bid - 2005 Streetscaping. Salentine moved for adoption. Melcher seconded. Melcher moved to amend the amount of $31,902 to $31,901.50. There was a mathematical error when the bid was submitted. Salentine seconded; motion carried. Reso. #108-2005, as amended, adopted 6-0. Reso. #110-2005 - Approval of Revised Letter of Credit Amount - Knudsen. Salentine moved for adoption. Melcher seconded. Motion carried 6-0. LICENSES Melcher moved for approval of an Operator’s License for Michael Slifka, Jennifer Timmerman, Lisa Marie Fox, Nicholas Blawat, Kristine Froehlich, Athena Webster (with a 3, 6, 9 and 12-month review) and a Temporary Operator’s License for Eloise Wilde- Lembcke. Salentine seconded; motion carried. Melcher moved for approval of a Temporary Class “B” Retailer’s License for the Sale of Fermented Malt Beverages for Bethlehem Lutheran Church for 6/18 and 6/19/2005. Salentine seconded; motion carried. Melcher moved for approval of a Temporary Class “B”/“Class B” Retailers’ License for the sale of Fermented Malt Beverages and Intoxicating Liquors for the Muskego Vol. Fire Co. Ladies Auxiliary for 7/29/2005. Salentine seconded; motion carried. Melcher moved for approval of a 2005-2006 Salvage and Recycling Permit for Kohne Salvage. Salentine seconded; motion carried. VOUCHER APPROVAL Melcher moved for approval of payment of General Vouchers in the amount of $1,124,930.95. Salentine seconded. Motion carried 6-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $220,233.84. Buckmaster seconded. Motion carried 6-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW The Clerk’s office was requested to notice the two informational public meetings regarding a proposed sewer utility district. Common Council Minutes Page 5 May 24, 2005 Madden moved to adjourn at 10:18 PM. Buckmaster seconded; motion carried. (Minutes taken and transcribed by J. Blenski.) Respectfully submitted, Jill Blenski, CMC Deputy Clerk