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CM082702 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD AUGUST 27, 2002 The meeting was called to order at 7:46 pm by Mayor Slocomb. Also present were Ald. Petfalski, Damaske, Madden, Patterson, and Salentine, City Attorney Molter, Engineering/Building Inspection Director McMullen, Clerk-Treasurer Marenda, and Deputy Clerk Blenski. Aldermen Le Doux and Sanders were absent. Those present recited the Pledge of Allegiance. The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting law on August 23, 2002. APPROVAL OF MINUTES Salentine moved for approval of minutes of the 8/13/2002 and 8/19/2002 meetings. Patterson seconded; motion carried. Mayor Slocomb stated it would not be necessary for the Council to convene into closed session. Because of outstanding labor issues, the notice would remain on future agendas. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Slocomb stated El Paso continues to communicate with the PSC to work through the approval process. He also gave an update on the consolidated dispatch issue, which is receiving greater public scrutiny. The Mayor thanked the Festival Committee and the many organizations that volunteered to make the event successful. At the 9/10/2002 Common Council meeting, the individuals involved in the rescue at the detention pond accident will be recognized. COMMITTEE REPORTS Salentine moved for acceptance of 8/21/2002 and 8/27/2002 Finance Committee minutes. Petfalski seconded; motion carried. Minutes of the 8/12/2002 Parks & Recreation Board, 7/18/2002 Teen Advisory Board, 8/14/2002 Conservation Commission and 8/20/2002 Plan Commission were received and placed on file. OLD BUSINESS Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 8/13/2002. The Mayor stated an additional appraisal is still needed. Salentine moved to defer. Patterson seconded; motion carried. Reso. #132-2002 - Appointment of Citizen Member to Board of Appeals. On the floor, deferred 8/13/2002. Salentine moved to amend to insert name of Steven Whittow as the second alternate. Damaske seconded; motion carried. Reso. #132-2002, as amended, adopted 5-0. Reso. #159-2002 - Approval of Certified Survey Map - Hein. On the floor, deferred 8/13/2002. The Mayor noted that a revised map had been received. Motion to adopt carried 5-0. Reso. #166-2002 - Resolution Authorizing Special Quarterly Charges for Garbage and Refuse Disposal and Recycling Service. Patterson moved for reconsideration. Damaske seconded. Motion carried with Petfalski, Patterson and Damaske voting “yes” and Madden and Salentine voting “no.” Patterson stated his constituency prefers the Common Council Minutes Page 2 August 27, 2002 existing system. The Mayor stated the analysis done supports that quarterly billing will save money. Salentine feels the money that would be saved is worth converting to quarterly billing; she believes it is wrong to charge for the service before it is provided. Petfalski stated that we are always taxed for future services. Madden stated she lives in the area where many people do not currently receive a quarterly bill; she does not foresee a problem. Petfalski called for the question. Salentine objected. Motion carried with Petfalski, Patterson and Damaske voting “yes” and Madden and Salentine voting “no.” Motion to adopt carried with Patterson, Madden and Salentine voting “yes” and Damaske and Petfalski voting “no.” Reso. #167-2002 - Resolution to Place Advisory Referendum on November Ballot as to Community Recreation Center. On the floor, deferred 8/13/2002. Damaske identified several areas of concern regarding some of the wording in the question: the word “possible,” what he perceives as a statement that the center will be “self supporting,” and all of the words after “totaling $14.14 million.” He believes the question should be simple and not include statements. Regarding the word “possible,” the Mayor explained that if the referendum passes, the Council still needs to verify the logistics of completing the project. Atty. Molter noted that the referendum is only advisory and will be identified as such. Damaske moved to remove the word “possible” from the question. Petfalski seconded; motion carried. The rationale to include that the center is planned to be self- supporting was also discussed. Mayor Slocomb stated the information obtained from the feasibility study determined that it would be self-supporting. Petfalski stated that is the intent. Patterson stated if you take out, people will assume the cost will go on the tax roll. Damaske disagreed. Reso. #167-2002, as amended, adopted with 4 in favor and Damaske voting “no.” Ord. #1115 - An Ordinance to Amend Chapter 11, Section 11.06, of the Municipal Code of the City of Muskego (Annual Budget and Method of Payment of Charges- Refuse/Recycling). Second Reading. Salentine moved for adoption. Damaske seconded. Salentine moved to amend to incorporate proposed changes and to add “and January 1, 2003” at the end of Section 3. Madden seconded; motion carried. Ord. #1115, as amended, adopted with Damaske, Madden and Salentine voting “yes” and Petfalski and Patterson voting “no.” NEW BUSINESS Reso. #168-2002 - Resolution for Adoption of a Muskego Sanitary Sewer Service Area Amendment. Salentine moved for adoption. Petfalski seconded. Motion carried 5-0. Mr. McMullen left the meeting. Reso. #169-2002 - Disallowance of Claim - Holzhauer. Salentine moved for adoption. Damaske seconded. The Mayor stated that the City’s insurance did not provide coverage for this specific incident. Petfalski stated there is responsibility on the part of the owner as well. Motion carried 5-0. Reso. #170-2002 - Resolution of Eligibility for Exemption from the County Library Tax Levy for 2003. Petfalski moved for adoption. Salentine seconded. Motion carried 5-0. Reso. #171-2002 - Continuation of Compensation for Personnel Called to Active Military Duty of the Reserve. Salentine moved for adoption. Patterson seconded. Petfalski Common Council Minutes Page 3 August 27, 2002 stated it is expected that the employee will be home before the end of the year. Motion carried 5-0. Reso. #172-2002 - Approval of Final Plat - Long Lake Estates First Addition - Town of Norway. Petfalski moved for adoption. Salentine seconded. Motion carried 5-0. Reso. #173-2002 - Approval of Legal Lot Status and Certified Survey Map - Godleski. Damaske moved for adoption. Petfalski seconded. Motion carried 5-0. Reso. #174-2002 - Resolution to Approve Financing and Execution of Agreement Between the City of Muskego and Vandewalle & Associates for an Economic Development Strategic Plan. Petfalski moved for adoption. Salentine seconded. The Mayor stated the total cost ($156,000) would be budgeted as a capital expense in 2003. Funds needed for 2002 could be taken from contingency and paid back in 2003. Motion carried 5-0. Reso. #175-2002 - Determination of Nonsubstantial Change - Dreamland Planned Development District. Salentine moved for adoption. Petfalski seconded. Motion carried. Reso. #176-2002 - Resolution Declaring Certain Delinquent Personal Property Taxes to be Uncollectible. Petfalski moved for adoption. Damaske seconded. The Clerk- Treasurer explained the owner did not file the required documentation with the City Assessor who then placed a doomage assessment on the property. The amount may have been lower as some of the equipment may not have been subject to personal property taxes. A partial payment was received for the taxes that are delinquent. The 2001 bill has been paid in full and the owner intends to file the necessary paperwork with the Assessor. Motion carried 5-0. Reso. #177-2002 - Approval of Assignment of Easement and Dedication of Improvements. Petfalski moved for adoption. Salentine seconded. Motion carried 5-0. Ord. #1116 - An Ordinance to Amend Chapter 1, Section 1.09(1), of the Municipal Code of the City (Location of Polling Place - District 7). First Reading. No further information was requested. LICENSES Petfalski moved for approval of an Operator’s License for Connie Kolp and Heather Placek. Salentine seconded; motion carried. Petfalski moved for approval of Temporary Class “B”/“Class B” Retailer’s License for Muskego Vol. Fire Co. Ladies Auxiliary for 9/21/2002. Patterson seconded; motion carried. VOUCHER APPROVAL Petfalski moved for approval of payment of General Vouchers in the amount of $706,102.72. Damaske seconded. Motion carried 5-0. Petfalski moved for approval of payment of Utility Vouchers in the amount of $803,580.40. Patterson seconded. Motion carried 5-0. There were no tax checks. Common Council Minutes Page 4 August 27, 2002 CITY OFFICIALS’ REPORTS Clerk-Treasurer Marenda announced that a public hearing would be held on 9/24/2002 at 7:25 pm to consider an amendment to Chapter 18 regarding digital file submission. The Clerk also noted that the annual BML meeting would be held on 8/29/2002. Patterson and Madden noted they could not attend. The September calendar was also reviewed. COMMUNICATIONS AND MISCELLANOUS BUSINESS AS AUTHORIZED BY LAW Discuss Possible City Interest in Muskego Movie Plex Site The Clerk-Treasurer stated she received a call that the property had been taken over by a lending institution. The bank wanted to know if the City had any interest in the property. A representative from the bank was present and provided some information about the property. The total seating capacity is approximately 800. Petfalski stated the property has a very limited use. The consensus was that the City was not interested in acquisition. ADJOURNMENT Damaske moved to adjourn at 9:16 pm. Petfalski seconded; motion carried. Minutes taken and transcribed by J. Blenski. Respectfully submitted, Jean K. Marenda, CMC Clerk-Treasurer