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CCM20080513 COMMON COUNCIL - CITY OF MUSKEGO Approved: 05/27/08 MINUTES OF MEETING HELD MAY 13, 2008 Mayor Johnson called the meeting to order at 7:30 p.m. Present were Ald. Fiedler, Schaefer, Schneider, Werner, Borgman, Pavelko, and Snead, Clerk-Treasurer Moyer, and City Attorney Molter. Those present recited the Pledge of Allegiance. The Clerk stated that the meeting was noticed in accordance with the open meeting law. COMMUNICATIONS FROM THE MAYOR’S OFFICE May 16 and 17, 2008 were proclaimed American Legion Auxiliary Poppy Days. The Clerk read the Proclamation for National Safe Boating Week, which is May 17 to 23, 2008. Reso. #092-2008 - Resolution Recognizing Eagle Scout Paul Daniel Michalowski. Borgman moved for adoption. Snead seconded. Motion carried 7-0. Mayor Johnson presented the resolution to Paul who spoke about the benefits of scouting. No one registered to speak under Public Comment. PUBLIC HEARING The Clerk read the public hearing notice to consider petition of Lynn Kurer to rezone property on Janesville Road (Tax Key 2167.998) from I-1 Government, Institution, and Public Service to HC-1 Historic Crossroads District for the purpose of allowing future development following the allowed HC-1 District uses. A 2010 Comprehensive Land Use Plan amendment is required as part of this rezoning request. The Mayor gave a brief explanation regarding the rezoning petition. The property to be rezoned from I-1 to HC-1 is the current Atonement Lutheran Church, which is located adjacent to Bushy’s Pub. The petitioner, Lynn Kurer, was present. She is requesting the HC-1 zoning to be consistent with what she has done at the Bushy’s site. She has no specific plans for the property at this time; she is waiting to see if the rezoning is approved. She does intend some type of mixed-use development (business, office use with loft apartments). The church structure will remain. Suzi Link, W172 S7297 Lannon Drive, asked if the Tess Corners Design Guide would be applicable to this property if rezoned. Mayor Johnson stated he assumed yes. Ms. Link noted once the property was rezoned, it would no longer have tax-exempt status. She also asked if the property was within the CDA Redevelopment District No. 1; no one present could respond. Craig Carus, W148 S6871 Durham Drive, stated his property was adjacent to the yards of the church and Bushy’s. He does not object to the rezoning as long as there are provisions to ensure that his property retains its value. He would like issues, such as noise and headlights, to be addressed prior to the issuance of building permits. He requests consideration regarding how the rezoning would impact his property. The Mayor stated that the Plan Commission would review the Building, Site and Operation Plan regarding the future development of the property. Common Council Minutes Page 2 May 13, 2008 The Mayor declared the hearing closed at 7:50 p.m. Borgman moved to approve the Consent Agenda. Werner seconded. Motion carried 7-0. The following items were approved: Common Council Minutes of 4/22/2008 Reso. #093-2008 Approve Special Counsel to Represent the Assessor for the 2008 Board of Review Reso. #094-2008 Recognition of Representing the United States in China and for 50 Years of the Water Bugs Ski Team Reso. #095-2008 Approve Agreement Between the Water Bugs Ski Team, Inc. and City of Muskego Concerning Pier Placement at Idle Isle Reso. #096-2008 Approve Purchase of Roadside Mower Tractor from Proven Power for $44,316.00 Reso. #097-2008 Approval of Continuation of Police Liaison Officer Program Reso. #098-2008 Approval of Access Agreement Between the City of Muskego and Lyle Fickau Reso. #099-2008 Resolution to Establish Fee Schedule for the Department of Public Works Reso. #100-2008 Approval of Certified Survey Map - James Strieter REVIEW OF COMMITTEE REPORTS Minutes of the 4/8/2008 Finance Committee, 3/10/2008 Public Works Committee, 4/8/2008 Committee of the Whole, 4/1/2008 and 4/7/2008 Plan Commission, 3/18/2008 Community Development Authority, 3/26/2008 Library Board and 4/17/2008 2020 Comprehensive Plan were reviewed. OLD BUSINESS Ord. #1275 - An Ordinance to Amend the 2010 Comprehensive Plan from Rural Density Residential to Medium Density Residential (Knudsen - Tax Key No. 2190.994.027). Second Reading. Fiedler moved for adoption. Werner seconded. Fiedler moved to defer to refer back to the Plan Commission. Schneider seconded. Motion carried 7-0. Ord. #1276 - An Ordinance to Amend Chapter 18, Section 18.21(5) and Section 18.46(2), of the Municipal Code of the City of Muskego (Dedication Fees). Second Reading. Fiedler moved for adoption. Borgman seconded. Motion carried 7-0. NEW BUSINESS Reso. #101-2008 - Resolution Denying Insurance Claim from Amy Stathus. Borgman moved for adoption. Werner seconded. Motion carried 7-0. Reso. #102-2008 - Resolution to Re-Establish Dedication Fees. Fiedler moved for adoption. Pavelko seconded. Motion carried 7-0. Common Council Minutes Page 3 May 13, 2008 Ord. #1277 - An Ordinance to Amend the Zoning Map of the City of Muskego and 2010 Comprehensive Plan from I-1 Government, Institution, and Public Service to HC-1 Historic Crossroads District (Kurer - Tax Key #2167.998). First Reading. LICENSES Werner moved for approval of a regular Operator’s License for Keith Allen, Christine Brooks, Jessica Cliver, Karen Fischer, Michael Goerg, Robert Hinners, Christine Jones, Nancy Kerns, Thomas Kotnik, Nancy Konkel, Saranne Meldonian, Robin Rytkonen, Colleen Schroeder and Marvin Strasser. Schneider seconded. Motion carried 7-0. Schaefer moved for approval of a “Class B” Retailers’ License to Sell Fermented Malt Beverages and Intoxicating Liquors for Pastas and Pizzas Paddock Lake, Inc., Bertha Benitez Agent, S78 W16355 Woods Road. Werner seconded. Motion carried 7-0. VOUCHER APPROVAL Snead moved for approval of payment of General Vouchers in the amount of $574,437.02, which includes the removal of a voucher in the amount of $702.15 for attorney fees for Muskego Vol. Fire Co. Werner seconded. Motion carried 7-0. Pavelko moved for approval of payment of Utility Vouchers in the amount of $101,165.29. Schaefer seconded. Motion carried 7-0. Snead moved for approval of payment of Tax Checks in the amount of $31,659.22. Werner seconded. Motion carried 7-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS Snead encouraged participation in the events sponsored by the Chamber of Commerce. She also complimented the Police Dept. for the letter that is sent to high school graduates. Fiedler also spoke to the accreditation assessment that the Police Dept. will be undergoing later in the week. Mayor Johnson stated that the City’s new website was just launched. ADJOURNMENT Snead moved to adjourn at 8:08 p.m. Fiedler seconded; motion carried. Janice Moyer, CMC, CMTW Clerk-Treasurer