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COMMON COUNCIL Agenda - 9/23/2014 CITY OF MUSKEGO COMMON COUNCIL AGENDA September 23, 2014 7:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE COMMUNICATIONS FROM THE MAYOR'S OFFICE PUBLIC COMMENT City Residents and Taxpayers Only – Speakers will be limited to making comments related to all agenda items excluding closed session items relating to employment and labor issues. Comments will be limited to two minutes per speaker per agenda item. There will be no discussion by/with the Common Council during Public Comment. PUBLIC HEARING To consider petition of Ener-Con Companies, Inc. to grant a zoning amendment to the existing PD-14 Bay Breeze Planned Development District for property known as Tax Key Numbers 2193.970.028 and 2193.970.029 and to grant a rezoning from RL-3 - Lakeshore Residence District to PD-14 Bay Breeze Planned Development District for property known as Tax Key Number 2195.999. The purpose of the petitioner's request is to allow new single-family and multi-family uses. To consider revisions to Chapter 17, Zoning Ordinance of the City of Muskego Municipal Code, relating to the allowance of fowl on residential parcels less than 120,000 square feet in size. To consider petition of Towne Realty to grant a rezoning from RC-2 and RC-3 - Country Residence Districts to PD Planned Development District for property known as Tax Key Numbers 2253.998.003 and 2253.998.004 (North Cape Road). The City previously approved this designation in 2007 and petitioner is requesting modifications to the layout. To consider petition of Chrisben III, LLC to grant a rezoning from B-4 - Highway Business District to DR-1 - Downtown Revival District for property known as Tax Key No. 2198.948 (Janesville Road) for the purpose of expanding commercial development opportunities. CONSENT AGENDA Items listed under consent agenda will be approved in one motion without discussion unless any Council member requests that an item be removed for individual discussion. That item then can be acted on separately at the same meeting under the part of the meeting it would normally appear. Common Council Agenda 2 September 23, 2014 Approval of Operator Licenses Reso. #073-2014 - Resolution Authorizing the Redemption of Sewer System Revenue Refunding Bonds, Series 2005 Reso. #074-2014 - Approval of City of Muskego/Fitzgerald Use & Maintenance Agreement for Freedom Square Park Parking Lot Reso. #075-2014 - Approval of 2014 Water Utility Rate Increase Reso. #076-2014 - Approval of Belle Chasse Addition #2 (Phase #3) Subdivider's Agreement Reso. #077-2014 - Resolution to Grant a Land Use Permit to Belle Chasse Partners, LLC REVIEW OF COMMITTEE REPORTS Parks & Recreation Board - August 11, 2014 Public Works Committee - August 18, 2014 Finance Committee - August 26, 2014 Conservation Commission - June 12, 2014 Community Development Authority - July 15, 2014 FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED Ord. #1385 - An Ordinance to Amend the Zoning Map of the City of Muskego (Ener- Con Companies, Inc. - RL-3 to PD-14 and PD-14 Amendment) Ord. #1386 - An Ordinance to Amend Chapter 17, Section 8.01 (3) B. 6., of the Municipal Code of the City of Muskego (Permitted Accessory Uses) Ord. #1387 - An Ordinance to Amend the Zoning Map of the City of Muskego (Towne Realty - RC-2 and RC-3 to Planned Development District) Ord. #1388 - An Ordinance to Amend the Zoning Map of the City of Muskego (Chrisben III, LLC - B-4 to DR-1) LICENSE APPROVAL Approval of Outside Dance Permit for Moo, Inc. d/b/a Bass Bay Brewhouse & Eatery and Aud Mar Banquets for 10/4/2014 Noon to 8:00 pm VOUCHER APPROVAL Utility Vouchers Tax Vouchers Common Council Agenda 3 September 23, 2014 General Fund Vouchers Wire Transfers for Debt Service Wire Transfers for Payroll Transmittals CLOSED SESSION Please take notice that following Voucher Approval, the Common Council will convene, upon passage of the proper motion, into closed session pursuant to Wis. Stats. §19.85(1)(g), to confer with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, more specifically the Decision of the Wisconsin Court of Appeals and the further litigation processes and issues regarding Parkland Venture, LLC vs. City of Muskego, Case No. 09 CV 3540; and the potential effects of the anticipated results of the pending foreclosure action, Muskego Adventures, Inc. v. Parkland Venture, LLC, et al., Case No. 14 CV 1724, regarding the subject property, on the Parkland Venture action. Please take notice that following the first closed session, the Common Council will convene, upon passage of the proper motion, into closed session pursuant to: Wis. Stats. §19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, more specifically Tax Incremental Finance District 10 negotiations and agreements – Chase Victor Holdings, LLC. Action may be taken in closed session. The Common Council will then reconvene into open session to continue with agenda items. OPEN SESSION NEW BUSINESS Reso. #078-2014 - Resolution Authorizing TID 10 Developer Agreement: Chase Victor Holdings, LLC CITY OFFICIALS' REPORTS City Calendar: http://www.cityofmuskego.org/Calendar.aspx COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW FUTURE AGENDA ITEMS ADJOURNMENT Common Council Agenda 4 September 23, 2014 NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE. ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100.