FM20040407
CITY OF MUSKEGO Corrected/Approved
FINANCE COMMITTEE MINUTES
Wednesday, April 7, 2004
7:00 PM Muskego City Hall, Aldermen’s Room
W182 S8200 Racine Ave.
Mayor Slocomb called the meeting to order at 7:14 PM. In attendance were Committee Members Ald.
Petfalski, Ald. Salentine and Ald. Schroeder, Finance Director Dawn Gunderson, Building/Engineering
Director Sean McMullen, and those per attached sheet.
Those present recited the Pledge of Allegiance.
The meeting was posted in accordance with the Open Meeting Law on April 2, 2004.
REVIEW OF MINUTES OF PREVIOUS MEETING
The minutes of the March 23, 2004 Finance Committee Meeting were reviewed. Ald. Salentine moved to
approve the minutes. Seconded by Ald. Petfalski. Motion carried 3 - 0.
LICENSE APPROVALS
The Finance Committee interviewed Carol Keip, Michael Pufahl, and Brian Shepherd. Ald. Petfalski moved
to recommend approval of Operator’s License for Carol Keip and Michael Pufahl subject to receipt of
fees, favorable police reports, and verification of schooling. Seconded by Ald. Schroeder. Motion
carried 3 - 0. The Finance Committee requested Brian Shepherd return to a future Finance Meeting
for further interview or if there was a time restraint in obtaining Operator’s License to make
appointment with Mayor Slocomb for interview.
Suzette Roushia currently holds a Class A Operator’s License and is requesting a Temporary Class B
Operator’s License. Ald. Salentine moved to recommend approval of Temporary Class B Operator’s
License to Suzette Roushia for the May 8, 2004 Library fundraiser. Seconded by Ald Petfalski.
Motion carried 3 – 0.
Susan Der, agent for The Breakers (trade name), appeared before committee to request a Class B Liquor
License. The committee discussed the seriousness of liquor violations. Ald. Petfalski moved to
recommend approval of Class B Liquor License for BRKRS, LLC, trade name The Breakers, subject
to receipt of fees. Seconded by Ald.Salentine. Motion carried 3 – 0.
PERIODIC LICENSE REVIEW
James L. Demitriou – Operator’s License (12 Month Review) – A check with the Wisconsin Crime
Information Bureau and the City of Muskego Police Department records revealed no new record of arrest
since the last review on January 6, 2004.
UNFINISHED BUSINESS
Consider U.S. Cellular agreement (Possible Reconsideration) – Ald. Petfalski moved to reconsider
motion made at the March 17, 2004 Finance Meeting – “that, with the employees’ consent to pay an
additional monthly amount of approximately $1.00, per phone, the City stay with the existing plan
with US Cellular”. Mayor Slocomb presented a copy of e-mail that Information Systems Director Joe
Sommers received from Pam Weisen of U.S. Cellular. Weisen stated in the e-mail that U.S. Cellular will
allow the City to join the State Plan @$4.75 per month per phone and allow employees to stay on the
Corporate Rate 3 plan of $8.00 per month.
NEW BUSINESS
Review Dedication Fees for Parks and Conservation – In a memorandum received from Acting Planning
Director Jeff Muenkel it is noted that at the April 13, 2004 Common Council meeting the second reading to
change Land Division Ordinance #1166 in order to implement new park and conservation dedication fees will
be read. The following new fees are being proposed:
Study Recommendation Staff Recommendation
Park Dedication Fee:
Single-Family: $2,694.93/unit $2,690.00/unit
Multi-Family: $2,005.10/unit $2,000.00/unit
Conservation Fee:
Single-Family/Multi-Family/Non-resident: $589.96/acre $580.00/acre
Finance Committee Meeting
April 7, 2004 - Page 2
New Business continued – Review Dedication Fees for Parks and Conservation
Trails Fee:
Single-Family: $62.12/unit $60.00/unit
Multi-Family: $46.22/unit $45.00/unit
The Park and Recreation Board recommended the Park Dedication Fee Study for approval on January 12,
2004 and the Conservation Commission recommended the Conservation Dedication Fee Study for approval
on February 9, 2004. Also presented for Committee review was the 2003 Community Development Fee
Survey – Residential Impact Fees and the Park and Recreation Facilities Park Dedication Fee Study by
st
Ruekert/Mielke. Discussion took place on the date of on or before the 31 of December 2004 for the
Grandfather clause in Sections 3 and 4 of the Draft Amended Common Council Ordinance #1166. The
Committee would like to see the date changed to January 31, 2005. Richard Knudsen presented his study
on the “Possible Population Growth Relating to Park Dedication Fee” and his concerns on the
Ruekert/Mielke study and fees. Knudsen noted his study showed a projected population increase of
5,096.66 by 2010 instead of the increase of 1,109 shown in the study by Ruekert/Mielke and explained the
effect his projected population would have on the proposed fees. Discussion took place on Wisconsin State
Statues 66.0617 and 236. Harold DeBack also expressed his concerns with using the projected population
increase of 1,109. The proposed fees would eliminate affordable housing and decrease land value.
Discussion took place on when the impact fees should be paid. Should it be paid by the developer to the
City and passed on to new owner when purchasing the lot or paid to the City when obtaining building permit.
Ald. Petfalski stated an important point Knudsen pointed out was the projected population increase. Ald.
Petfalski felt 3,000 would be a conservative projected population increase. Ald. Petfalski also felt the U.S.
Census average household figure could not be used since it did not reflect Muskego’s average household of
2.63. The Committee received a fax from the Metropolitan Builders Association which included an inventory
of impact and 236 fees for Communities in Southeastern Wisconsin January 1999 through November 2000.
After discussion on this and explanations from Mayor Slocomb and Building/Engineering Director McMullen,
Ald. Schroeder asked for an updated chart. Discussion took place on how population growth could be
controlled, sewer service area. Discussion continued on a point Harold DeBack brought up, why the study
did not take into consideration the population using the lakes. The Committee requested the study be sent
back to Ruekert and Mielke. Ald. Petfalski moved to defer. Seconded by Ald. Schroeder. Motion
carried 3 – 0.
Review request to purchase City lands – Muskego Dam Road – Building/Engineering Director Sean
McMullen received a letter from Michael and Lisa Habberley inquiring on the City’s willingness to sell a
portion or all of the adjoining lands to his parcel. The Habberley’s have a failed septic system and need land
to put in a conventional system or mound system. Their other option is a holding tank. Habberley stated in
the letter that the purchase of the parcel would have to be contingent on soil testing for the mound.
Building/Engineering Director McMullen stated if the purchase were to take place he would like a deed
restriction in place to prevent building of an additional family dwelling. Habberley’s letter states he would be
willing to do this. Mayor Slocomb mentioned that the location of the lot Habberley’s would like to purchase
might be a usable site in the future for a sewer lift station. The Committee reviewed the map of the parcels
involved. Building/Engineering Director McMullen stated that to put in a sewer lift station like the one at
Valley Green the City would need a parcel one hundred and fifteen feet long by eighty feet wide. The
Finance Committee directed Building/Engineering Director McMullen to pursue selling the minimum
portion of the City’s parcel that the Habberley’s would need, not to exceed keeping enough land for a
future sewer lift station.
Approve sale of topsoil – Moorland Road – Building/Engineering Director Sean McMullen has completed
the negotiations for the sale of the excess topsoil from the Moorland/Janesville Road Project. The sale price
per cubic yard will be $1.25, with a measured yardage of 32,800 cubic yards for a total sale of $41,000.00.
The following terms apply to the sale:
1. At time of approval of sale, $1,000.00 to secure the sale of the material
2. Twenty five percent of the remaining $40,000.00 due at the time twenty five percent of the material
has been removed.
3. An additional twenty five percent of the remaining $40,000,00 for a total of $21,000.00 due at the
time fifty percent of the material has been removed.
4. An additional twenty five percent of the remaining $40,000.00 for a total of $31,000.00 due at the
time seventy five percent of the material has been removed.
5. A final payment of $10,000.00 for a total of $41,000.00 upon final removal of the material.
6. The site shall be graded in accordance with the elevations set by the Muskego Engineering
Department as necessary to create a usable surface for future Parks Department use.
Finance Committee Meeting
April 7, 2004 - Page 3
New Business continued – Approve sale of topsoil – Moorland Road
7. The materials shall be removed and the grading work shall be completed not later than December
31, 2005.
Mayor Slocomb stated his concern was that access would be from Sandalwood Drive to Moorland and back
out to Janesville. The discussion continued on the planting for soccer fields. McMullen stated that in the last
several days two thirds of the area where the soccer fields would potentially be placed have been rough
graded. The end of 2004 the first soccer fields should probably be completed. The last planting a soccer
field could take place is November. Ald. Schroeder suggested changing the deadline mentioned in item
seven to September 30, 2005 to allow time to plant second field. Ald. Schroeder moved to approve the
sale of the excess topsoil from the Moorland/Janesville Road Project subject to the terms above,
changing the date in item seven to September 30, 2005, and if that date is not acceptable
Building/Engineering Director McMullen should come back to Committee. Seconded by Ald.
Petfalski. Motion carried 3 – 0.
Request to hire special legal counsel - Building/Engineering Director Sean McMullen appeared before the
Committee to request approval of special legal counsel for Carity Developments. Attorney Feely would be
used as legal counsel for Northfield Green and Quietwood East II developments at the rate of $165.00 per
hour and Attorney Hammes for the Valley Sand and Gravel site at the rate of $150.00 per hour. The
developer will directly reimburse the cost associated with the developments of Northfield Green and
Quietwood East II. The costs for the Valley Sand and Gravel site should be a reimbursable or TIF eligible
expense. Ald. Salentine moved to recommend approval of the hiring of special legal counsel,
Attorneys Feely and Hammes, for the Carity Developments of Northfield Green, Quietwood East II,
and Valley Sand and Gravel site. Seconded by Ald. Petfalski. Finance Director Gunderson asked if the
cost for the Valley Sand and Gravel site, if reimbursed, would be reimbursed thru New Berlin? That
possibility would be looked into. Motion carried 3 – 0.
Annual review of requested changes/no changes to job descriptions – Park & Recreation – Parks and
Recreation Director Sean McMullen Craig Anderson submitted a letter stating there are no proposed
changes to his department’s position descriptions for 2005. Mayor Slocomb asked for a deferral because
there is one item that will have to come before the Committee which then can be presented with the entire
packet. Ald. Schroeder moved to defer. Seconded by Ald. Salentine. Motion carried 3 – 0.
A recess was taken at 8:58 PM.
At 9:04 PM meeting reopened to continue discussion of New Business.
Review Disallowance of Claim – Breit – Clerk/Treasurer Jean Marenda forwarded letter received from
Midwest Claims Service, the claim administrator for the League of Wisconsin Municipalities Mutual Insurance
Plan. Midwest Claims Service received a claim in which Ms. Ubrig alleges that she struck a pothole on
Janesville Road near Pick n Save Store and damaged her vehicle. Midwest Claims Service completed their
investigation and recommend that the City of Muskego deny this claim pursuant to the Wisconsin statue for
disallowance of claim 893.80(1g). The disallowance of the claim will allow Midwest Claims Service to
shorten the statue of limitations period to six months. The basis of the denial is due to the fact that there is
no negligence on the behalf of the City. The pothole was not in the City’s jurisdiction, but in a private
driveway. Building/Engineering Director Sean McMullen stated that complaints were received from three
other people. City personnel took pictures of the pothole and a letter was sent to the owner of the facility to
patch the pothole. Ald. Petfalski moved to approve the denial of Breit Claim. Seconded by Ald.
Schroeder. Motion carried 3 - 0
Finance Committee Meeting
April 7, 2004 - Page 4
Approval of Building Fees – Building/Engineering Director Sean McMullen appeared before the Committee
to present the proposed fee schedule for Building Inspection and Engineering Review. Included with the
packet were the Wisconsin Uniform Building Code Schedule of Permit Fees for 2004, Adopted January 14,
2004 and the City of Muskego Schedule of Building Permit and Engineering Review Fees. It was noted that
the Cities of New Berlin and Franklin are in the process of reviewing their fees. The proposed fees are
consistent with the surrounding communities and are structured so as to not unnecessarily impact existing
property owners. The proposed fees will increase the cost to construct a new single family home by
approximately $200.00. The proposed fees for basement remodels or additions will increase approximately
$25.00. The Building Department fees have not been increased since January 2002. Discussion took place
on Schedule of Building Permit & Engineering Review Fees items:
A. Residential 1 & 2 family & attached garages, new construction and additions
F. Foundation early start permit: 1.) Multifamily/commercial/industrial
K. Wrecking or razing: 1.) Base fee
N. Plan examination: 2.) 3 family and over new constructions: b.) Then add per dwelling unit
N. Plan examination: 8.) Fire Department Review
Q. Occupancy permit: 3.) Temporary Occupancy Permits (6 months or less) – Commercial
U. Erosion Control/Land Disturbing Fees: 3.) Commercial, industrial, institutional: a.) Base fee per
building
U. Erosion Control/Land Disturbing Fees: 5.) Utility installations (annual permit)
When asked if planning for the worst in development and not for the person coming in and doing everything
by the book Building/Engineering Director McMullen explained that he tried to use the range seen in the last
eighteen months. Ald. Schroeder asked about and Building/Engineering Director McMullen explained the
Point of Sale Certificate. Discussion continued on Point of Sale. Ald. Salentine moved to recommend
approval of the proposed Building Inspection and Engineering Review Fees. Seconded by Ald.
Schroeder. Motion carried 3 – 0.
Review and approve clarifications to City Clerk/Treasurer Job Description – Executive Assistant/HR
Coordinator Cathie Anderson sent memorandum stating she, Mayor Slocomb, City Clerk/Treasurer Jean
Marenda, and Finance Director Dawn Gunderson met to discuss the job description and points assigned to
the Deputy Treasurer. At that time City Clerk/Treasurer Jean Marenda reviewed the following clarifications in
the job description:
Supervises the collection of taxes, assessments and other funds owed the City and timely deposit of the
funds. Reviews and verifies
Manage the collection of delinquent personal property taxes
Administers the disbursement and administration of various special funs such as utility sinking funds and
Wisconsin Development Fund. (eliminate planning grants, etc.)
Prepares or directs the preparation of reports including sales tax reports and tax settlement reports
(eliminate: employer quarterly tax return and deposits.). Researches, prepares
Directs and/or implements special projects, including Special Assessment Process for sewer, water, and
road projects.
The clarifications do not constitute any changes to the points given to the City Clerk/Treasurer position.
Ald. Petfalski moved to approve the clarifications to the City Clerk/Treasurer job description.
Seconded by Ald. Salentine. Motion carried 3 – 0.
Review and approve minor clarification to Associate Planner Job Description - Executive Assistant/HR
Coordinator Cathie Anderson sent memorandum stating she, Mayor Slocomb, and Acting Planning Director
Jeff Muenkel agreed that the present language under Environmental Adaptability for the Associate Planner
Position is misleading. The present language reads: Ability to work under generally safe and comfortable
conditions where exposure to environmental factors such as repetitive computer keyboard use, irate
individuals, intimidation, toxic agents, electrical currents, hazardous materials, explosives and disease may
cause discomfort and poses little risk of injury. The proposed language is: Ability to work under safe and
comfortable conditions where exposure to construction site environmental factors such as is minimal and
poses little to no risk of injury. Ald. Petfalski moved to approve the proposed language change to the
Associate Planner job description. Seconded by Ald. Salentine. Motion carried 3 – 0.
Recommend approval of Police School Liaison Program 2004 – 2005 school year – Police Chief John
Johnson sent memorandum stating that according to the Police School Liaison Agreement between the City
of Muskego and the Muskego/Norway School District, both parties agreed to indicate by April 1, 2004 if they
intend to extend the agreement to the 2004 - 2005 school year. On March 15, 2004, the School Board took
action to renew the Program. Chief Johnson is requesting the City indicate its intent to continue the Police
Schoold Liaison Program. Ald. Petfalski moved to recommend approval of the Police School Liaison
Program for the 2004 - 2005 school year. Seconded by Ald. Salentine. Motion carried 3 – 0.
Finance Committee Meeting
April 7, 2004 - Page 5
MAINTENANCE AGREEMENTS
Approve maintenance agreement for staff use copier, $38.73/mo (2003 $33.57/mo) – Library Director
Holly Sanhuber sent request for approval of the maintenance agreement for the staff copier. This is a one-
year, toner-inclusive contract, which allows for 4,000 copies a month. The Finance Committee requested the
following information:
1. What is the monthly click history? If the number of copies made each month is less then the 4,000
copies in the agreement then the monthly maintenance agreement fee may be less.
2. What is overcharge for copies over the monthly agreement allowance?
Ald. Petfalski moved to defer the maintenance agreement with Gordon Flesch to the Tuesday, April
13, 2004 Finance Meeting. Seconded by Ald. Salentine. Motion carried 3 – 0.
Approve maintenance agreement for desk top copiers, $99.04 ea/year (2003 $94.41 ea/yr) – Library
Director Holly Sanhuber sent request for approval of the maintenance agreement for two desk top copiers.
These are one-year, toner-inclusive contracts, which allow for 10,000 copies yearly, per machine.
1. What is the monthly click history? If the number of copies made each year is less then the 10,000 copies
in the agreement then the yearly maintenance agreement fee may be less.
2. What is overcharge for copies over the monthly agreement allowance?
3. Are the two desktop copiers for staff or public use?
Ald. Petfalski moved to defer the maintenance agreement with Gordon Flesch to the Tuesday, April
13, 2004 Finance Meeting. Seconded by Ald. Salentine. Motion carried 3 – 0.
Approve maintenance agreement for smoke detector system, $1,342.00/yr (same as 2003) – Library
Director Holly Sanhuber sent request for approval of the maintenance agreement for the smoke detector
system. Without a maintenance agreement in place, there is a minimum charge of $285.00 per call, plus
parts, with a minimum labor charge of $250.00. Additional labor is charged at $125.00 per hour. The
proposed service agreement includes parts. Ald. Petfalski moved to approve the maintenance
agreement with Siemens/Cerberus Division at an annual cost of $1,342.00. Seconded by Ald.
Salentine. Motion carried 3 – 0.
RELEASE OF FUNDS - None
REDUCTION IN LETTER OF CREDIT - None
VOUCHER APPROVAL – None
FINANCE DIRECTOR’S REPORT – Finance Director Gunderson distributed her Finance Director Report
(see attached) for the Finance Committee to read.
COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW – None
ADJOURNMENT – Being no further business to discuss, Ald. Petfalski moved to adjourn the meeting
at 9:48 PM. Seconded by Ald. Schroeder. Motion carried 3 - 0.
Respectfully Submitted
Carolyn Warhanek,
Recording Secretary