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CCM20030408 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD APRIL 8, 2003 The meeting was called to order at 7:34 PM by Mayor Slocomb. Also present were Ald. Petfalski, Damaske, Le Doux, Madden, Patterson, Salentine, Schroeder, City Attorney Molter, and Deputy Clerk Blenski. The Deputy Clerk stated the meeting was noticed in accordance with the open meeting law on 4/4/2003. Those present recited the Pledge of Allegiance. APPROVAL OF MINUTES Le Doux moved for approval of 3/25/2003 minutes. Damaske seconded; motion carried. The Mayor stated the Council would not convene into closed session. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Slocomb stated the power plant issue is done for now but could come back in the future. Petfalski requested staff review mechanisms that could prevent location at the site in the future. NEW BUSINESS Reso. #078-2003 - Honoring City of Muskego Eagle Scout Benjamin Schick. Salentine moved for adoption. Patterson seconded. Motion carried 7-0. Mayor Slocomb presented the resolution to Benjamin who gave a brief description of his service project. COMMITTEE REPORTS Petfalski moved for acceptance of the 4/2/2003 and 4/8/2003 Finance Committee minutes. Patterson seconded; motion carried. Salentine moved for acceptance of the 3/24/2003 Public Works Committee minutes. Schroeder seconded; motion carried. Petfalski moved for acceptance of the 4/8/2003 Public Utilities Committee minutes. Schroeder seconded; motion carried. Minutes of the 4/1/2003 Plan Commission, 3/26/2003 Library Board and 3/20/2003 Teen Advisory Board were received and placed on file. OLD BUSINESS Reso. #80-2002 – Offer to Purchase – Martin. On the floor, deferred 3/25/2003. Salentine moved to defer. Le Doux seconded; motion carried. Reso. #042-2003 - Approval of Certified Survey Map - Payne & Dolan. On the floor, deferred 3/25/2003. Motion carried 7-0. NEW BUSINESS (Cont.) Reso. #071-2003 - Award of Bid - Durham Drive Water Main Extension Project (Wanasek Corporation $786,373.50). Madden moved for adoption. Le Doux seconded. Petfalski stated he would abstain as he has in the past because of his business relationship with Towne Realty. There were no objections. Motion carried 6 in favor and one abstention. Reso. #072-2003 - Approval of Certified Survey Map - Hintz, Town of Norway. Le Doux moved for adoption. Salentine seconded. Motion carried 7-0. Common Council Minutes Page 2 April 8, 2003 Reso. #073-2003 - Approval of Certified Survey Map - Redmond Commercial Development. Le Doux moved for adoption. Salentine seconded. Salentine moved to amend to include that the approval was subject to “approval and execution of the Developers’ Agreement, Stormwater Management Plan, and any similar agreements.” Le Doux seconded; motion carried. Reso. #073-2003, as amended, adopted 7-0. Reso. #074-2003 - Approval of Practice/Show Dates on Little Muskego Lake (Water Bugs Ski Team). Salentine moved for adoption. Patterson seconded. Motion carried 7-0. Reso. #075-2003 - Granting Placement of Water Ski Jump on Bed of Little Muskego Lake and Placement of Pier at Idle Isle (Water Bugs Ski Team). Madden moved for adoption. Damaske seconded. Motion carried 7-0. Reso. #076-2003 - Approval of Lease Agreement Between the City of Muskego and Water Bugs Ski Team, Inc. (Idle Isle Park Building). Le Doux moved for adoption. Petfalski seconded. Motion carried 7-0. Reso. #077-2003 - Appointment to Parks & Recreation Board (Eric Hetzel, School District Representative). Petfalski moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #079-2003 - Approval of Agreement Between the City of Muskego and Muskego- Norway School District (Muskego High School Athletic Fields). Petfalski moved for adoption. Salentine seconded. School Board member Ray Schrank was present. There was no objection to allow him to speak regarding this issue. Discussion ensued regarding the City’s acquisition of the Ewald-Engel property and how that would affect the softball fields. Petfalski moved to amend reso. to add “including but not limited to amendment to Payment of Construction Costs section of the Agreement as it relates to the softball fields.” Salentine seconded; motion carried. Petfalski moved to correct Item 2. (d) on Exhibit C Facilities to identify “two (2)” softball fields instead of “one (1).” Madden seconded; motion carried. Petfalski moved to amend Payment of Construction Costs, Section 2. (b) to add, “In the event the softball fields are not constructed, the City’s contribution for Construction Costs shall be reduced by 37.75% of $137,850.” Madden seconded; motion carried. Atty. Molter clarified that the City would not execute the Agreement until a facilities use agreement was agreed to by the parties. Petfalski moved to amend Maintenance and Operating Costs of the Facilities, Section 5 so the last sentence would read, “Maintenance and operating costs shall include the costs of routine landscaping and yard maintenance, utilities, garbage collection and disposal, irrigation of fields, janitorial service of the restroom facilities only, reconditioning of the fields, main soccer field lights and restroom facilities, and maintenance and repair of the Facilities as necessary.” Patterson carried; motion carried. Discussion took place regarding Exhibit C-1. Petfalski stated the exhibit he saw was different. Le Doux stated this should be deferred; there are too many issues being addressed tonight. Mr. Schrank stated the School Board approved the agreement in the format as presented to the Council prior to the amendments. He would like the issue to move forward as the District is anxious to start the work. Schroeder expressed concern about the switch between the softball and practice football fields. The final determination of the Council was that it could approve the agreement with the C-1 exhibit as attached, Common Council Minutes Page 3 April 8, 2003 acknowledging that ongoing changes would take place as construction progresses. Reso. #079-2003, as amended four times, adopted 7-0. Reso. #080-2003 - Approval of Termination Agreement as to Amended and Restated Petition for Improvements and Agreement Regarding Special Assessments Entered by and Between Country Club Villages, Inc. and the City of Muskego Dated August 23, 1994, and Agreement as to Use of REC’s. Petfalski moved for adoption. Madden seconded. Motion carried 7-0. Reso. #081-2003 - Resolution to Revise Point Value of Associate Planner Position. Salentine moved for adoption. Le Doux seconded. Motion carried 7-0. LICENSES Petfalski moved for approval of an Operator’s License for Tammy Sieglaft, Kylie Stubbs, Gursewak Singh, and James Demitriou (with a 3, 6, 9 & 12 month review). Salentine seconded; motion carried. Petfalski moved for approval of a Class “A” Retailers’ License for Dhillon Petro Mart, Inc. (Amanpreet Kaur, agent). Salentine seconded; motion carried. VOUCHER APPROVAL Petfalski moved for approval of payment of General Vouchers in the amount of $819,839.19. Le Doux seconded. Motion carried 7-0. Madden moved for approval of payment of Utility Vouchers in the amount of $218,278.77. Le Doux seconded. Motion carried 7-0. Petfalski moved for approval of Tax Checks in the amount of $402,374.41. Patterson seconded. Motion carried 7-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS The Deputy Clerk noted the Organizational Meeting was scheduled for 4/15/2003 at 7:00 PM. She also reported the results of the recount for District 7 Alderperson: Madden-262, D. Patterson-256, Write-Ins-1, Undervotes-39. The recount resulted in 4 additional votes for Patterson and 4 less Undervotes. However, Madden was still declared the winner. ADJOURNMENT Le Doux moved to adjourn at 8:57 pm. Damaske seconded; motion carried. Respectfully submitted, Jill Blenski, CMC Deputy Clerk