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FM20030507 CITY OF MUSKEGO FINANCE COMMITTEE MINUTES Approved Wednesday, May 7, 2003 7:00 PM Muskego City Hall, Aldermen’s Room W182 S8200 Racine Ave. Mayor Slocomb called the meeting to order at 7:08 PM. In attendance were Committee Members Ald. Petfalski, Ald. Salentine, and Ald. Schroeder, Finance Director Dawn Gunderson, and those per attached sheet. Those present recited the Pledge of Allegiance. The meeting was posted in accordance with the Open Meeting Law on May 1, 2003; the amended agenda was posted on May 5, 2003. REVIEW OF MINUTES OF PREVIOUS MEETING The minutes of the April 22, 2003 Finance Committee Meeting were reviewed. Ald. Petfalski moved to approve the minutes. Seconded by Ald. Salentine. Carried by all. LICENSE APPROVALS Ald. Salentine moved to recommend approval of Operator’s License for Lawrence Schneider, Christine Duston, Ram Jain, Kristy Kaye, and Kellea Koterman subject to receipt of fees, favorable police reports, and verification of schooling. Seconded by Ald. Petfalski. Carried by all. Michelle Kuehl was questioned further due to report received from the Wisconsin Crime Information Bureau and the City of Muskego Police Department. Ald Petfalski moved to recommend approval of Operator’s License with six, nine, and twelve-month reviews for Michelle Kuehl subject to receipt of fees, answering the committee’s police report questions favorably, and verification of schooling. Seconded by Ald. Salentine. Carried by all. Change of Agent – Denoon Saloon – Memorandum was received from Deputy Clerk Jill Blenski stating P & D De Marinis LLC has submitted application forms and fee for a change of agent for Denoon Saloon. The company is appointing Lucia De Marinis as agent. Lucia De Marinis was present to answer committee questions. Ald. Salentine moved to recommend approval of change in agent to Lucia De Marinis. Seconded by Ald. Schroeder. Carried by all. Approval of liquor license for Boxhorn Gun Club, LLC – R. Schim – Deputy Clerk Jill Blenski sent memorandum stating that Boxhorn Gun Club LLC has submitted an application for a “Class B” liquor license. Mr. Richard Schim is the agent appointed by Boxhorn Gun Club and was present to answer committee questions. Boxhorn Gun Club LLC has purchased a portion of the Richard Bennett property at S90 W13960 Boxhorn Drive. The acquisition includes the trap area as well as the clubhouse. A drawing of the area proposed to be licensed; including future outdoor deck is attached to the application. The property is currently not licensed for the sale of alcohol or fermented malt beverages. Schim was asked to explain procedure in regards to the gun club and drinking. Schim stated that no alcohol would be allowed on the firing line and no drinking would be allowed prior to shooting. Schim explained where the bar would be located in the clubhouse. The club is open to the public. It was explained to Schim that the City would police the area due to concerns of alcohol and shooting. Ald. Salentine moved to recommend approval of a “Class B” liquor license for Boxhorn Gun Club LLC, Agent Richard Schim, subject to inspection by the Waukesha Co. Health Department and approval by the City’s Building Inspection Department. Seconded by Ald. Petfalski. Discussion continued on the concerns of alcohol and shooting. Carried by all. Finance Committee Meeting May 7, 2003 - Page 2 Review request for Special Dance Permit for Grand Opening – Muskego Lakes Subs and Liquor – Deputy Clerk Jill Blenski sent memorandum stating Mr. Ried Murphy currently holds a “Class A” license for the sale of Liquor and Beer for his establishment Muskego Lakes Subs & Liquor located at S63 W18603 Martin Drive. Mr. Murphy is planning a grand opening for Saturday, June 7, 2003. Mr. Murphy was present to explain the grand opening events and answer committee questions. He is requesting to have music from approximately 10:00 AM to 6:00 PM. Mr. Murphy asked about individuals being allowed to take a container of beer outside for consumption. This would be allowed under Municipal Code Section 9.17(1). Wristbands would be used to identify individuals over the age of 21 that would like to consume alcohol. Ald. Salentine moved to recommend approval of Special Dance permit for event to take place on June 7, 2003 from 10:00 AM to 6:00 PM at Muskego Lakes Subs and Liquor. Seconded by Ald. Schroeder. Carried by all. PERIODIC LICENSE REVIEW - None Convene into Closed Session – Closed session not held. UNFINISHED BUSINESS Consider tuition reimbursement – Mayor Slocomb stated he received a letter from the Wisconsin Professional Police Association stating the Association withdraws its’ Grievance #03-164. Ald. Petfaksi moved to deny Wisconsin Police Association Grievance #03-164, tuition reimbursement, based upon the request for withdrawal. Seconded by Ald. Salentine. Carried by all. Disallowance of Claim – Hunter – Mayor Slocomb explained that Mr. Hunter contacted him on Thursday, April 17, 2003 and offered to settle for the amount of the tires. Part of the motion at the April 16, 2003 Finance Meeting was to approve reimbursement for tires with a Release of Claim form being signed. Hunter has signed the “Release of All Claims” form and the City has issued a check to Hunter in the amount of $358.91 for tires. NEW BUSINESS Disallowance of Claim – Weber – Clerk-Treasurer Jean Marenda forwarded letter she received from Midwest Claims Service, the claim administrator for the League of Wisconsin Municipalities Insurance Plan. Midwest Claims Service received notice of claim in which Mr. Weber alleges an injury while riding a bus owned by the City of Muskego. Midwest Claim Service completed their investigation of this claim and recommends the City of Muskego deny this claim pursuant to the Wisconsin statue for disallowance of claim 893.80(1g). The disallowance of the claim in this manner will allow us to shorten the statue of limitations period six months. The basis of the denial should be that the City does not own the bus involved in the accident and therefore, is not responsible for the claimant’s injuries. Ald. Petfalski moved to deny the Weber claim. Seconded by Ald. Schroeder. Carried by all. Discussion regarding Opticon transmitters for emergency vehicles - MVFC – Finance Director Dawn Gunderson has spoken to Muskego Volunteer Fire Company Chief Eddie Schaefer regarding the placement of Opticon transmitters on the emergency vehicles. If Muskego Volunteer fire Company proceeds with the placement of Opticon transmitter on some of the emergency vehicles during 2003 they would do so at their expense. The request for reimbursement and any additional transmitter should be brought to the City with the fire department’s 2004 capital budget requests. This is the same procedure Tess Corners Volunteer Fire Company is following. Gunderson’s phone conversations have been followed up with a letter to Chief Schaefer. Finance Committee Meeting May 7, 2003 - Page 3 Approval of Mill Valley School Playground Donation – Letter was received from Parks and Recreation Director Craig Anderson stating the Parks and Recreation Board is recommending to spend $8,000.00 towards expanding the Mill Valley playground, contingent upon the gate behind the school being open during non-school hours as set forth in letter from Principal Larkin. The playground is located close to the parking lot and softball diamonds. Children would use the playground during non-school hours – softball/baseball games and recreation programs. The Mill Valley P.T.O. will be using the money for fibar (playground surface material) and concrete for posts, border, and accessible ramps. Ald. Salentine moved to approve $8,000.00 towards expanding the Mill Valley playground contingent on the gate behind the school being open during non-school hours. Money will come from Park Dedication account. Seconded by Ald. Petfalski. Carried by all. Approval of 1989 Parks truck to Planning Department – Parks and Recreation Director Craig Anderson and Planning Director Brian Turk sent letter stating the Parks and Recreation Department was planning on selling the 1989 truck to the highest bidder once the new replacement truck was delivered. The 1989 truck value, $6,000.00, is more than the highest bid amount, $3,500.00. Proposed is having the Plan Department accept the truck and then upgrade trucks as the Parks and Recreation Department replaces their trucks. The Conservation Coordinator/City Forester has had to reserve a vehicle through the parks department in order to perform required duties. Often, it is very tough to free up a truck during May through September. Planning’s request for truck use has increased over the years. There is also a great need for a four-wheel vehicle. The Capital Budget includes $26,00.00 for a Conservation & Forestry Truck in 2006. Discussion took place on where the value of $6,000.00 came from. For future budgets the committee would like to see a trade in value from a dealer. Discussion continued on selling the truck for the $3,500.00 and adding an additional $2,500.00 (total $6,000.00) and purchasing a different used vehicle. The City does know the history on the City owned vehicle. Ald. Salentine moved to approve the Planning Department accepting the 1989 truck. Seconded by Ald. Petfalski. Carried by all. Dawn stated the capital budget would now be short the $6,000.00. At this time Gunderson will wait before any adjustment is done. Approval of Developers Agreement, Letter of Credit, and Cost Breaksown – Quietwood East – The committee received a copy of the Quietwood East LLC – City of Muskego, Quietwood East Subdivider’s Agreement; Quietwood East Subdivision Retention Pond Maintenance Agreement; Quietwood East Subdivision Storm Water Management Plan; and Public Improvement Cost Breakdown – Quietwood East. It was noted that the Letter of Credit was not with packet information. Discussion took place on Quietwood East paths. When the developer is selling lots the committee wants the paths clearly marked by using a layer of traffic bond/stone or whatever it would take to clearly mark them, not just the flags that are currently marking the path. Ald. Petfalski moved to defer to the Tuesday, May 13, 2003 Finance Meeting. Seconded by Ald. Schroeder. Carried by all. Discuss expenditures for burying electrical/Janesville Road Reconstruction – Engineer & Building Inspection Director Sean McMullen sent memorandum with quote from WE Energies regarding the burying of the overhead power lines from Moorland Road to Poe’s Place in conjunction with the Janesville Road Reconstruction Project. The quote from WE Energies to bury overhead distribution is $393,425.00 and the cost to relocate seven upfeed secondary risers closer to residences in this area is $4,931.00 for a total cost of $398,356.00. Capital Projects budget includes $500,000.00 for this work and the City has also looked at financing through the TIF/CDA districts. McMullen is requesting approval to design and bury this work. Burying of the underground utilities will begin in early September. Discussion took place on coordinating burying SBC and Time Warner lines with the electrical. Ald. Petfalski moved to approve $398,356.00 for the burying of overhead power lines, money to come from TIF/CDA funds. Seconded by Ald. Salentine. Carried by all. Finance Committee Meeting May 7, 2003 - Page 4 Review request for transfer of funds from Contingency – Rosewood Estates Fencing – Memorandum was received from Engineer & Building Inspection Director Sean McMullen stating the Public Works Committee at the April 28, 2003 meeting approved the expenditure of funds for the installation of a cedar shadow box fence along the planting easement of Moorland Road for Rosewood Estates subdivision. The total expenditure would be approximately $14,500.00. The committee made the motion to approve the expenditure with $10,000.00 coming from the Moorland Road account and the balance from contingency. There is excess topsoil and McMullen has been in touch with two contactors that would like to discuss the sale of some of the material for projects they have in the area. McMullen would like to be able to sell the topsoil. This would more than pay for the overage. Question was asked if there was $10,000.00 left in the Moorland Road account. All legal owners of the involved project would have to sign a temporary easement for the installation of the fence and also sign a maintenance agreement. Discussion continued on the use of trees instead of a fence. Ald. Schroeder moved to defer. Seconded by Ald. Petfalski. Carried by all. Review amended Cell Tower Agreement with U.S. Cellular – Mayor Slocomb reviewed proposed contract changes by U.S. Cellular: Section 4 adding: In addition, for so long as Company is the sole licensee of the New Tower, City hereby grants to Company an exclusive license to maintain City equipment on the Property, including ingress, egress and access to the Property adequate to service company and City equipment. Company shall use the contractor of its choice for any construction, operation or maintenance of Company or City equipment. Section 11 a, deleting: Company shall supply to the City a list of types of categories of professionals that it requests be given access to the Property (“Designated Professionals”). City shall not give access to the Property to any person who does not provide adequate credentials as a Designated Professional at the time access is required. Section 11 c, deleting: Company shall admit City, its employees or its agents to any part of the Premises used or occupied by Company upon reasonable notice. If City requires access to Company’s equipment housed in the equipment building an employee of Company must be present Section 11 c, adding: Qualified, insured contractors of City may have access to the Premises upon twenty- four (24) hours notice to Company, subject to the accompaniment, at Company’s option, of Company personnel to provide an escort and/or supervision. The problem with the approved contract was that it stated U.S. Cellular would have to indemnify against any and all losses. U.S. Cellular said that either the City should indemnify the City, it’s worker and contractors plus get U.S. Cellular’ permission to have contractors on the premise or have U.S. Cellular do all of the City’s work at no cost and with full responsibility for everything. The committee had concerns as to if work would be completed in a timely matter and the quality of work that would be preformed. Mayor Slocomb to follow up on this matter. Committee suggested a pre-approved list of emergency contacts be submitted to U.S. Cellular. Mayor reviewed Attorney Molter’s letter. Ald. Schroeder moved to recommend re-approval of contract with changes, clarification of emergency response time, and pre approved contractor list allowing the City to go straight to the contractor. Seconded by Ald. Salentine. Carried by all. Review and consider 2002 budget amendment – Finance Director Dawn Gunderson presented proposed Common Council Resolution #107-2003, Amendment to 2002 Budget. This includes actions previously taken by the Finance Committee. Transfers include money from contingency, within department accounts, and adjustments for closing out the financial statements for the year 2002. Committee was provided summary showing 2002 adopted budget, changes from May 14, 2002, 2002 amended budget, proposed May 13, 2003 changes, 2002 amended budget after May changes, and detail sheet on operating and special revenue fund changes. Gunderson mentioned that when doing the financials to close out the year the City used $82,000.00 of fund balance. This is less than originally estimated and presented to the Finance Committee due to interest income and general fund revenue being more that estimated. Also, engineering staff time had not been allocated for time spent on capital projects. Engineering time has now been moved out of the engineering operating budget to the appropriate capital project budget. This is the first year the City has had to use fund balance. Ald. Salentine recommended approval of 2002 Budget Amendments. Seconded by Ald. Petfalski. Carried by all. Finance Committee Meeting May 7, 2003 - Page 5 Consider gas and electric charges for Muskego Historical Society Old Town Hall – Finance Director Dawn Gunderson presented the Historical Society’s Operating budget that is financed through the City of Muskego’s Operating Budget along with a copy of the Historical Society’s Gas & Electric bill for the Town Hall. Payment of the attached bill will exceed the amounts budgeted for Gas & Electric by $313.26. In the past the City would pay the fuel oil bills up until the budget was met and then the Historical Society would take over payment of the bills. With the Old Town Hall building still under renovation the Historical Society is not in a position to have revenue. Discussion took place on when the transition could take place for the Historical Society to take over payment of bills. Mayor Slocomb thought the Historical Society would be in a position to take over payment in June. Discussion also occurred on where money would come from for City to pay utility bills. Money could be paid out of Non-Departmental Operating Budget with review of budget status. There was concern on the amount of the bill and what future bills would be. The Committee also wanted to make sure the rental fees charged to others for use of building covered rental expenses. Someone should review fees to be charged and also review if market could bear charged fee. Utility company or heating contractor should be able to come up with an estimate on what gas and electric bills would be. The question was also asked on the Historical Society’s position on the Park & Recreation Department usages and having it used to its maximum. The Park & Recreation could share utility expenses based on percentage of usage. The expenses for utilities could be built into recreation fees. Ald. Salentine moved to pay the $313.26 and future utility bills until the Historical Society takes over payment. Money would come first from contingency and then from fund balance. Seconded by Ald. Petfalski. Carried by all. MAINTENANCE AGREEMENTS Approve Heating System maintenance, $1,875.00, no change from 2002 – Request to review heating system maintenance was received from Library Director Holly Sanhuber. The $1,875.00 cost is the same as 2002. There are two inspections annually: clean; lube; replace filters and belts; check refrigerant pressures, compressor oil levels, and calibration. These are preventative maintenance measures only. Ald. Salentine moved to approve maintenance agreement with J & H Heating in the amount of $1,875.00. Seconded by Ald. Petfalski. Carried by all. Approve maintenance agreement for City’s mailing machine, $503.80, increase of $45.00 over 2002 – Clerk-Treasurer Jean Marenda sent memorandum requesting maintenance for the City’s mailing machine along with the maintenance contract invoice from Hasler, Inc. The maintenance renewal cost is $503.80 compare to $458.00 for 2002. Ald. Petfalski moved to approve maintenance contract with Hasler, Inc in the amount of $503.80. Seconded by Ald. Salentine. Carried by all. Approve maintenance agreement for Materials Security System, $1,250.00, $45.00 increase over 2002 – Request to review materials security system maintenance for $1,250.00 was received from Library Director Holly Sanhuber. This is $45.00 more that 2002 maintenance. Without a maintenance agreement in place, there is a minimum charge of $460.00, plus parts, for a service call, which includes one hour’s labor. Additional labor is charged at $200.00 per hour. Ald. Schroeder moved to approve materials security system maintenance agreement with 3M for $1,250.00. Seconded by Ald. Petfalski. Carried by all. RELEASE OF FUNDS - None REDUCTION IN LETTER OF CREDIT – None VOUCHER APPROVAL – None FINANCE DIRECTOR’S REPORT – Finance Director Dawn Gunderson stated the City audit is taking place this week. Gunderson presented the City of Muskego Budget to Actual as of March 31, 2003. Reviewed were departments over 25%: Election is over due to elections held in the first quarter, Engineering time has not been allocated to Capital Projects (this will be done at a later time), and the City had some larger debt payments that occurred on March 1, everything else is under or close to the 25% threshold. Revenue for Public Charges for Services is high due to the revenue coming in from the Planning Department and also the new software program for the Recreation Department that allocates revenue for programs down to the day of the class. Finance Committee Meeting May 7, 2003 - Page 6 COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW – Ald. Petfalski asked when the last time the developer fees for lots, impact fees, were reviewed. This should be done this year. The City of Franklin is currently doing a study on this and that information should become available when completed. This information will help the City of Muskego when reviewing the impact fees. A fee needs to be established for conservation. Also, there are other types of impact fees to be looked at and considered, for example roads. Water and sewer impact fees need to be reviewed. Discussion continued on proposed EPA mandate involving ponds. ADJOURNMENT – Being no further business to discuss, Ald. Petfalski moved to adjourn the meeting at 9:49 PM. Seconded by Ald. Schroeder. Carried by all. Respectfully Submitted Carolyn Warhanek Recording Secretary