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CCM20070327 COMMON COUNCIL - CITY OF MUSKEGO Approved: 04/10/2007 MINUTES OF MEETING HELD MARCH 27, 2007 The meeting was called to order at 7:35 PM by Mayor Johnson. Present were Ald. Borgman, Buckmaster, Madden, Melcher, Schaefer and Snead, City Attorney Molter, City Administrator Sheiffer, Parks & Recreation Director Anderson and Clerk-Treasurer Moyer. Ald. Salentine was excused. Ms. Moyer stated that the meeting was noticed in accordance with the open meeting law on 3/23/2007. CONSENT AGENDA Buckmaster moved for individual consideration of Resolutions #058-2007, #061- 2007, #062-2007, #063-2007 and #068-2007. Borgman seconded; motion carried. Melcher moved to approve the remaining Consent Agenda items engross. Schaefer seconded. Motion carried 6-0. The following items were approved: Common Council Minutes of 3/13/2007 Reso. #059-2007 - Reduction in Letter of Credit - Woodland Creek Estates. Reso. #060-2007 - Approval of Engineering Services for Muskego Canal Pedestrian Bridge. Reso. #064-2007 - Resolution Authorizing an Agreement with the U.S. Fish & Wildlife Service (Engel Conservation Area). Reso. #065-2007 - Authorization to Purchase Three Police Department Vehicles. Reso. #066-2007 - Release from Developer’s Deposit - Greystone/Tudor Oaks and InPro Corporation. Reso. #067-2007 - Approval of Virchow, Krause & Company, LLP Engagement Letter for TID No. 9. Reso. #069-2007 - Approval of Affidavit of Correction - Certified Survey Map - Dovic/James. NEW BUSINESS Reso. #058-2007 - Acceptance of Proposal Between Giles Engineering and Ruekert and Mielke for Sediment Testing and Award of Bid for Lakewood Meadows Detention Pond Project. Atty. Molter expressed concerns. Why will the bid be awarded if there is more engineering work to be done? Also, it has been past practice to award the bid and levy the special assessment at the same meeting. City Administrator Sheiffer stated there isn’t any additional engineering to be done, only the sediment testing. Ruekert & Mielke included the costs for the testing in the preliminary assessment roll. It was stated at the public hearing that the assessments would be levied based on final costs. The Mayor stated that the project must be done because the location of the pond is so close to the lake. Borgman moved for adoption. Buckmaster seconded. Motion carried 6-0. Reso. #061-2007 - Granting Placement of Water Ski Jump on Bed of Little Muskego Lakes (Water Bugs Ski Team) and Reso. #062-2007 - Approval of Placement of Pier at Common Council Minutes Page 2 March 27, 2007 Idle Isle (Water Bugs Ski Team). Borgman moved for adoption. Madden seconded. Borgman moved to defer as the Mayor will be meeting with some concerned residents. Madden seconded; motion carried. Reso. #063-2007 - Approval of Lease Agreement with Jack King for Kelsey Drive Conservation Land. Borgman moved for adoption. Melcher seconded. Schaefer moved to amend the second page of the Lease so the renewal language will be as follows: “RENEWAL: This lease is not subject to automatic renewal after the lease period.” Borgman seconded; motion carried. Reso. #063-2007, as amended, adopted 6-0. Reso. #068-2007 - Resolution to Amend the City’s Official Map Regarding Durham Drive Realignment. Buckmaster moved for adoption. Madden seconded. Buckmaster moved to defer as the Public Works Committee deferred this item so additional information could be received. Melcher seconded; motion carried. REVIEW OF COMMITTEE REPORTS Minutes of the 2/27/2007 Finance Committee, 3/6/2007 Plan Commission, 2/19/2007 Public Works Committee, 2/12/2007 Parks and Recreation Board, 1/22/2007 Conservation Commission and 2/22/2007 Committee of the Whole were reviewed. OLD BUSINESS Reso. #027-2007 - Approval of Condominium Plat, Developer’s Agreement and Letter of Credit for St. Andrews Phase 2. On the floor, deferred 3/13/2007. Melcher moved to defer. Borgman seconded; motion carried. Ord. #1250 - An Ordinance to Amend Chapter 9, Section 9.05 (3), of the Municipal Code of the City of Muskego (Loud and Unnecessary Noise Prohibited). On the floor, referred back to Public Works Committee on 2/27/2007. Buckmaster moved to defer pending further research. Melcher seconded; motion carried. Ord. #1251 - An Ordinance to Amend the Zoning Map of the City of Muskego (Basse Planned Development - PD-42). Buckmaster moved to defer; the Plan Commission has not made its recommendation. Borgman seconded; motion carried. LICENSES Borgman moved for approval of an Operator’s license for June Loh (with a 3, 6, 9, 12-month review), Mark Stelmaszewski and Michael Schroeder. Madden seconded; motion carried. Borgman moved to approve an extension of hours for trap shooting for the Boxhorn Gun Club to allow shooting to begin at 9:00 AM on June 16, 17, 23 and 24, 2007. Madden seconded; motion carried. VOUCHER APPROVAL Madden moved for approval of payment of General Vouchers in the amount of $466,260.49. Borgman seconded. Motion carried 6-0. Madden moved for Common Council Minutes Page 3 March 27, 2007 approval of payment of Utility Vouchers in the amount of $2,187,322.75. Borgman seconded. Motion carried 6-0. Madden moved for approval of payment of Tax Checks in the amount of $200.01. Borgman seconded. Motion carried 6-0. CITY OFFICIALS’ REPORTS The City Administrator noted that the fire study is on the City’s website. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW The consensus of the Council was to discuss the fire study following the new Council members taking office. The Mayor stated it would be placed on a Committee of the Whole agenda. The April calendar was reviewed. CLOSED SESSION Buckmaster moved to convene into closed session pursuant to Wis. Stats. §19.85(1)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, more specifically filling position of City Engineer/Director of Public Works Projects. Madden seconded. Motion carried 6- 0. The Clerk, Parks & Recreation Director and City Atty. were dismissed. OPEN SESSION Madden moved to reconvene into open session. Snead seconded; motion carried. Reso. #070-2007 - Resolution Appointing City Engineer/Director of Public Works Projects and Establishing Terms of Employment. Buckmaster moved for adoption. Madden seconded; motion carried. ADJOURNMENT Borgman moved to adjourn at 8:28 PM. Melcher seconded; motion carried. Janice Moyer, CMC, CMTW Clerk-Treasurer