FM082097
FINANCE COMMITTEE - CITY OF MUSKEGO
MINUTES OF MEETING HELD WEDNESDAY, AUGUST 20, 1997
The meeting was called to order at 7:10 PM by Chairman De Angelis. Also present were
committee members D’Acquisto, Sanders and Salentine, Finance Director Dawn
Gunderson, Librarian Holly Sanhuber, Chief John Johnson, and those per the attached
list.
The committee noted that the meeting was posted on August 15, 1997, in accordance with
the open meeting law.
PERIODIC LICENSE REVIEW
REVIEW OF LICENSE APPLICATIONS
Ald. D’Acquisto moved to approve an Operator’s License for the following
applicants subject to receipt of all fees, favorable police report and verification of
schooling:
Steve Grabowski Katie Brumner
Melissa Zimmer Jessica Cramer
Martin Klicinski Cynthia Alaniz
Seconded by Ald. Salentine, motion carried 3-0.
Ald. D’Acquisto moved to approve an Operator’s License for the following
applicants subject to receipt of all fees, favorable police report and verification of
schooling:
Lucia Janke Sharon Radler
Kristine Nimmer Elizabeth Gerlach
Allan Kusch Nicole Dunaway
Kathleen Karcher Paula Posbrig
Seconded by Ald. Sanders, motion carried 3-0.
Mr. James Poulos appeared before the committee as Agent for the Delta Family
Restaurant, Inc. (formerly Mediterranean Garden) to request a Class B Fermented Malt
Beverage and Intoxicating Liquor License for the whole premise. Ald. Salentine moved
to recommend approval of license. Seconded by Ald. Sanders, motion carried 3-0.
Mr. Brian Shanklin appeared before the committee to discuss status of his application for a
Class B Fermented Malt Beverage and Intoxicating Liquor License for the “New Klub 24”
which is currently being held by Bette Makolondra. Mayor advised that issue remains
open until Court’s determination sometime in September of Mr. Shanklin’s violation of
operating an establishment without a license. Mr. Shanklin’s attorney, Ron Pezze,
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August 20, 1997
explained that there was an eviction hearing on July 28, 1997, wherein the Court
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determined that Ms. Makolondra’s tenancy was legally terminated on the 24 of May,
upon vacancy of premise. The committee discussed with Mr. Shanklin and his attorney
the fact that Mr. Shanklin operated without having a license understanding full well the
consequences of that action. Atty. Pezze advised that the committee had been supplied
with a Memorandum of Agreement which Mr. Shanklin is willing to sign which states that
Mr. Shanklin is proposing that if the City would issue a license to him that it be
probationary for a period of one (1) year and that he will adhere to all State, County and
Local regulations pertaining to operation of a tavern and that if he ever receives a Notice
of Violation, that he would surrender his liquor license within fifteen days of receipt of
notification and that Mr. Shanklin would reimburse the City for all costs incurred if there
was a revocation. Ald. D’Acquisto discussed with Atty. Pezze whether or not a
stipulation Mr. Shanklin was willing to enter into would be legally binding in the event of a
violation. After discussion, Atty. Pezze stipulated that it likely would not be binding but
that Mr. Shanklin was willing to post a cash bond to cover the amount of a revocation
hearing if it were required. Ald. Salentine moved to grant license with a 30, 60 and 90
day review with signed Memorandum of Understanding to be part of the license.
Ald. Sanders seconded for purposes of discussion. Discussion ensued. Ald.
D’Acquisto advised that the city typically does not issue a license when there is a pending
liquor violation and that clear direction was given in June as to the consequence of
opening of tavern and that despite that fact, Mr. Shanklin admitted to having opened and
operated the establishment contrary to the admonition of the Finance Committee to which
Mr. Shanklin replied that he received permission to do so from the City Clerk and/or
Mayor’s Secretary. Ald. Salentine moved to defer until court case has been decided.
Motion died for lack of a second. Chairman De Angelis called for a vote on the
original motion and the motion failed 2-1. Ald. D’Acquisto moved to deny.
Seconded by Ald. Sanders. Discussion ensued regarding reasons for denial that would
include but are not limited to the following: 1) previous operation of the tavern without a
liquor license, 2) previous operation of a tavern after promising city he would not operate,
3) a pending liquor license violation, and 4) the fact that a liquor license has already been
issued for this site which has not been surrendered or revoked. Motion carried 3-0. The
committee continued discussion with Mr. Shanklin to answer his questions about revoking
license for present license holder. The committee does not want to go through the
expense of a revocation hearing and suggested that the license holder’s attorney be
contacted and asked to surrender license. Mr. Shanklin advised that he is interested in
obtaining a Special Dance Permit with no liquor to be on premise. Mayor advised that if
there were to be any violations, it would definitely be a negative factor in the final license
determination. Ald. Salentine moved to issue a Special Dance permit with no
consumption of alcohol for Friday, August 22, 1997, with a time limit of 2:30 AM,
subject to verification by staff that there is approval of property owner across the
street for use of his property for additional parking. Seconded by Ald. D’Acquisto,
motion carried 3-0. Mr. Shanklin again referred to receiving permission from City
Staff and Mayor De Angelis advised Mr. Shanklin and Atty. Pezze that this subject had
been covered in their prior discussions and that it was not, in fact, true that any such
permission was granted after the Finance Committee of June 18, 1997. He further advised
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August 20, 1997
that the conversation Mr. Shanklin was referring to occurred prior to the Finance
Committee meeting of June 18, 1997, and that Mr. Shanklin and Atty. Pezze were well
aware of this fact and that Mr. Shanklin’s prior statement was a misstatement of the facts
to which Mr. Shanklin agreed.
Mr. Jeff Favre appeared before the committee to request an amendment to his outside
premise on his license for September 1, 1997, to extend the hours from 10:00 PM to
11:30 PM, for the Packers’ season opening televised game against Chicago, subject to the
following:
All outdoor beverage sales will cease by 11:30 PM or at the
“Two Minute Warning” of the fourth quarter of the game,
whichever comes first. All outdoor audio and visual equipment
will be turned off at the conclusion of the game. All outdoor
activity will cease at the conclusion of the telecast and guests
will be asked to vacate the area in an orderly and controlled
fashion.
Mayor advised that there had been one accident and one trespassing complaint at the
grand opening . A discussion was held with Mr. Favre’s representative, as Mr. Favre had
to leave for another appointment, as to what would be done differently for this event for
traffic control. Chief Johnson recommended that the City post temporary “No Parking”
signs on the east and west on Kelsey Drive and leave up until the Public Service
Committee meeting on September 3, 1997, where a determination will be made as to
making the signs permanent, and to post the intersection of Racine Avenue & Kelsey
Drive with “No parking” signs a minimum of 100 feet in each direction on Racine Drive,
to have security enforced, and no parking on front grass area. Ald. Sanders moved to
approve request to amend the license for Broke Spoke for September 1, 1997, from
10:00 PM to 11:30 PM, subject to all of above provisions. Seconded by Ald.
Salentine, motion carried 3-0.
Mr. Hewitt appeared before the committee to request an Outside Dance permit for DJs
Pub & Grill for September 20, 1997. Ald. D’Acquisto moved to defer approval of the
Application for Outside Dance Permit for DJs Pub & Grill, S76 W18040 Janesville
Road, for Saturday, September 20, 1997, from 3:30 PM to 8:30 PM to allow Mr.
Hewitt time to contact neighbors and secure their approval in writing for this one
event. Seconded by Ald. Salentine, motion carried 3-0.
Ald. Sanders moved to approve an Application for Outside Dance Permit for
Hunter’s Nest, S80 W14401 Schultz Lane, for September 13, 1997. Seconded by
Ald. Salentine, motion carried 3-0.
UNFINISHED BUSINESS
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August 20, 1997
WEPCO AGREEMENT FOR LIGHTING-CHAMPIONS VILLAGE - There has been
nothing new submitted by petitioner.
NEW BUSINESS
DISCUSS CROSSOVER BORROWING (LIBRARY) - Librarian Holly Sanhuber,
Library Board Ray Christenson and Mr. Tom Strange, Director of the Waukesha
Federated Library System appeared before the committee to discuss crossover borrowing
program that is used by sixteen (16) communities. To date, there has been no expense
incurred by the City or Library for this service. The Federated Library System is now
advising that it is necessary to receive moneys from all communities and were trying to
come up with an agreeable formula by which to charge. The City will receive a bill in
January for crossover borrowing in the amount of $19,594 and will be given the option to
use true Non-resident funds in the amount of $13,619 to offset the bill. The balance of
$5,975 can be paid back over a five year phase in plan. Librarian Sanhuber recommended
that the city use the TNR funds and plus funds from the Waukesha County Federated
Library System (WCFLS) carryover funds and explained that the issue would need to be
addressed at budget time.
REVIEW PROPOSED AMENDMENT TO INVESTMENT POLICY - Mayor De
Angelis advised that the Finance Director and the Clerk-Treasurer reviewed information
from the League of Wisconsin Municipalities and had discussions with various Treasurers
and Finance Directors around the State and would like to recommend the following
amendment to the City’s Investment Policy:
Section II - Investments - Subject to the provisions of this policy, the
City Treasurer shall seek advice from the Finance Director on all invest-
ments of City funds that are not immediately needed and are available
for investments. If unable to arrive at consensus, the matter shall be
referred to the Finance Committee for determination. The Common
Council makes it known to all banks, investment bankers, brokers,
dealers and others accepting deposits, selling securities or shares or in
any manner involved in the investments and deposits of the City, that the
Treasurer is an untrained public official, not a sophisticated investor and
is restricted in her/his activities by state law and this resolution.
Mayor De Angelis advised that both the City’s Auditor and Financial Consultant agree to
the above language change. Ald. D’Acquisto moved to recommend approval of the
above amendment to the City’s investment policy. Seconded by Ald. Sanders,
motion carried 3-0 .
DISCUSS ELIMINATION OF BUILDING DEPT. RELATED FORFEITURE/BOND
AMOUNTS - A memorandum from Building Inspection Director Chuck Dykstra, dated
August 12, 1997, was reviewed which advised that after legal consultation, it was
determined that the Forfeiture/Bond amounts are unnecessary for Building related issues.
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August 20, 1997
The Schedule was created to establish an amount to write on a citation, should someone
choose to pay the fine/penalty instead of contesting the issue in court. Building citations
are issued with the words “Must Appear” on the citation and paying a fine/penalty to
avoid an appearance in court is not an option. The penalty or forfeiture for a building
citation is established by the Judge using a forfeiture/penalty range or formula as listed in
the respective ordinance. Ald. Sanders moved to recommend removal of Chapter 15
(Electrical), Chapter 16 (Plumbing), Chapter 19 (Minimum Housing), Chapter 29
(Erosion Control), and Chapter 30 (Building Code) forfeiture amounts from the
City’s Deposit and Forfeiture Schedule. Seconded by Ald. D’Acquisto,
motion carried 3-0.
CONSIDER REIMBURSEMENT OF FINANCE DIRECTOR’S CPFO EXAM FEE -
Finance Director Dawn Gunderson submitted invoice in the amount of $295.00 for her
exam fee which she prepaid, along with notification of her passing of the first part of the
Government Finance Officers Association Certification Program. Finance Director
Gunderson advised that concern had been raised about the use of the tuition
reimbursement account being used for this purpose and suggested that the funds be
transferred into her department for this expense. Ald. D’Acquisto stated that he felt this
was unnecessary as long as the payment was clearly identified as a reimbursement for a
certification exam. Ald. D’Acquisto congratulated Dawn and moved to approve
reimbursement to her in the amount of $295.00 to be taken from Account
100.1200.8300 (Tuition Reimbursement). Seconded by Ald. Salentine, motion
carried 3-0.
REVIEW QUOTES FOR PAVING OF PARKLAND PLAZA PARK - The committee
reviewed correspondence from Parks Director Peter Theis, dated August 13, 1997,
advising of the following quotes received for the paving of Parkland Plaza Park:
Suburban Asphalt $8,450
Merit Asphalt $9,980
Poblocki Paving $9,997
Peter states that the Parks & Recreation Board has reviewed the above quotes and is
recommending acceptance of the low quote from Suburban Asphalt in the amount of
$8,450. Ald. D’Acquisto moved to recommend acceptance of the low bid received
from Suburban Asphalt in the amount of $8,450 and to authorize Mayor to execute
documents. Seconded by Ald. Salentine, motion carried 3-0.
REVIEW RIGHT OF FIRST REFUSAL-INDUSTRIAL PARK PROPERTY
HOORMAN BUILDING) - The committee reviewed correspondence received from The
Realty Center in regard to offering the City Right of First Refusal for the Hoorman
Building (Lot #1, Saturn & Mercury). Ald. D’Acquisto moved to recommend rejecting
right of first refusal. Seconded by Ald. Sanders, motion carried 3-0.
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August 20, 1997
REVIEW OF AGREEMENTS WITH MUSKEGO VOLUNTEER FIRE COMPANY
AND TESS CORNERS VOLUNTEER FIRE DEPARTMENTS - Representatives from
both of the fire departments appeared before the committee to discuss contracts for 1998.
Ald. D’Acquisto requested to be excused from participation in the discussion due to his
involvement with the fire departments. Request was honored by the committee. After
lengthy discussion, Mayor De Angelis requested that both parties come back to the
September 17, 1997 Finance Committee meeting with suggestions that provide both
parties with an acceptable solution to the disposal of assets should the Department
disband.. The additional time will give the parties the opportunity to review
correspondence from the City’s labor attorney regarding State Statutes governing fire
departments/companies such as Fire Chief to be appointed by the municipality and also
employment issues. Representatives from Tess Corners Fire Department stated that it
would take up to six months to update their by-laws and mayor responded that we can go
on a month-to-month agreement until all agreements have been finalized. It is the
committee’s wish that both agreements be the same and have the same agreement when
and if the department(s) disband. Mayor advised that he will draft a proposal of what the
City would like to see in this regard. Representatives of the departments recommended
going to a five (5) year contract. Mayor brought up the problem of the possibility of a
full-time chief and what may have to change with that implementation.
REVIEW EMERALD PARK STANDING COMMITTEE EXPENSES. Ald. Sanders
moved to approve payment of Emerald Park Landfill Standing Committee
secretarial expenses in the amount of $97.50 and miscellaneous expenses in the
amount of $46.09. Seconded by Ald. Salentine, motion carried 3-0.
REVIEW LEASE FOR FIRING RANGE - EMERALD PARK LANDFILL - Chief
Johnson appeared before the committee to discuss the latest revisions to the lease
agreement between Superior Emerald Park Landfill and the City of Muskego for a firing
range on the landfill property. Ald. D’Acquisto moved to recommend approval of
agreement with revisions by the City Attorney subject to final review by Mayor and
City Attorney. Seconded by Ald. Salentine, motion carried 3-0.
REVIEW PROPOSAL FOR PARKS & RECREATION DEPARTMENTS
Mayor De Angelis discussed with the committee research that has been completed on the
structure on the Parks & Recreation Departments and the City’s proposal for the
combination of the two departments. Ald. D’Acquisto moved to defer noting that it is
imperative that this proposal be dealt with during budget time this year and given
top priority. Seconded by Ald. Salentine, motion carried 3-0.
REVIEW AGREEMENT FOR UTILITIES TBS Tariff Billing Specialists, Corp.) -
Mayor De Angelis informed the committee that TBS representatives had met with he and
Information Systems Director Joe Sommers to explain the service they would like to
provide whereby they would review monthly charges on all utility billings of the City to
determine if overcharges or recommendations exist that would reduce the City’s monthly
charges. TBS will negotiate with the appropriate vendors to have the overcharges
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August 20, 1997
eliminated and recommendations (upon approval of the City) implemented. TBS will
obtain refunds and credits for past overcharges. The City would have to agree to the
following:
Where there is a reduction due to the elimination of overcharges
or implementation of recommendations from TBS, the fee is 50%
of the monthly reduction for thirty-six months. This is payable on
a monthly basis, starting the first month that reflects the reduction.
For refunds and credits, the fee is 50% of the refunds or credits.
This is payable within 30days of the receipt of refunds and credits.
Ald. D’Acquisto moved to deny request to enter into an agreement with TBS stating
that he felt it was poor from a public policy standpoint, stating that the City could
realize the full savings if the comparison was done in-house. Seconded by Ald.
Salentine, motion carried 2-1, with Ald. Sanders casting the dissenting vote.
RELEASE OF FUNDS
Ald. Salentine moved to approve release of funds for Culvers-Reish in the amount of
$6,067.36 remaining in the developer’s deposit for seeding and sodding and the bike
path. Both items have been completed and reviewed by the Plan Dept. Seconded by
Ald. D’Acquisto, motion carried 3-0.
Ald. D’Acquisto moved to release $347,231. from the Letter of Credit for Muskego
Regency relating to roads, grading, erosion control, concrete work, sanitary sewer,
water mains and storm sewer, as recommended by Ruekert & Mielke and City Staff
which will leave a balance of $100,801.26 in the Letter of Credit. It was noted that
this release includes $7,800 for erosion control leaving a balance in erosion control
(including the $15,600 erosion control bond) of$23.400. Seconded by Ald. Salentine,
motion carried 3-0.
FINANCE DIRECTOR’S REPORT
The Finance Director requested direction from the committee for the type of formal action
necessary to use undesignated General Fund Balance to purchase property for the City
Library since this discussion took place in closed session. The committee directed the
Finance Director to instruct the clerk to prepare a resolution to be placed on Tuesday’s
common council agenda to approve the use of General Fund Balance with a payback
through a borrowing late this year.
The Finance Director reported to the committee that the 1998 Budget process was still on
schedule and stated that they should all have received their copy of the Capital Budget.
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August 20, 1997
Dawn also discussed if the committee still wanted all release of funds from letters of
credits, developer’s deposits and refundable bonds to be brought before committee. The
committee determined that all of the releases should continue to come to committee since
the committee may be aware of issues not known to staff.
COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY
LAW
ADJOURNMENT
Ald. D’Acquisto moved to adjourn at 11:40 PM. Seconded by Ald. Sanders,
motion carried 3- 0.
Respectfully submitted,
Dawn R. Gunderson
/ca Finance Directo