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CCM20081216special COMMON COUNCIL - CITY OF MUSKEGO Approved 1/13/2009 MINUTES OF SPECIAL MEETING HELD DECEMBER 16, 2008 Mayor Johnson called the meeting to order at 6:00 p.m. Present were Ald. Fiedler, Schaefer, Schneider, Werner, Borgman, Planner Trzebiatowski, and Clerk-Treasurer Moyer. Ald. Pavelko and Snead were excused. Those present recited the Pledge of Allegiance. The Clerk stated that the meeting was noticed in accordance with the open meeting law on 12/12/2008. PUBLIC COMMENT Suzi Link, W172 S7297 Lannon Drive, registered to speak. She requested that action on the Bush Gardens liquor license be tabled until the BSO is approved. Kert Harenda, W152 S6396 Lawndale Place, registered to speak. He agreed with Ms. Link’s comments regarding the Bush Gardens’ liquor license. PUBLIC HEARING The Mayor stated that a public hearing would be held to consider a revision to Chapter 14 regarding floodplain regulations. Planner Trzebiatowski stated that a public hearing was held in October to consider revisions to Chapter 14 as required by FEMA and the DNR. An ordinance was adopted, which recreated Chapter 14. Since that time, FEMA has requested one additional change. The change is regarding which map shall apply to the regulations of the ordinance. The proposed change requires that the most restrictive maps, not the most current maps, apply. Mr. Trzebiatowski stated that the Plan Commission reviewed the proposed change and recommended approval on December 6. Plan staff request that the Council consider suspending the rules to have both readings of the ordinance at this meeting. Until this ordinance is published, the City is temporarily suspended from the NFIP (National Flood Insurance Program). No one requested to speak regarding this issue. The Mayor declared the hearing closed. OLD BUSINESS Borgman moved to table the following resolutions: Reso. #146-2008 - A Resolution to Approve a Contract with the Tess Corners Fire Department to Serve All of the City of Muskego. On the floor as amended 8/26/2008, deferred 12/9/2008. Reso. #147-2008 - A Resolution to Disband the Muskego Volunteer Fire Company and to Demand Transfer of Assets from the Muskego Volunteer Fire Company to the City of Muskego. On the floor, deferred 12/9/2008. Schaefer seconded. Motion carried 5 in favor. Reso. #202-2008 - Approval of Fire Protection Agreement with Tess Corners Volunteer Fire Department for 2009. On the floor, deferred 12/9/2008. Mayor Johnson stated that the language is the same as the current agreement with the exception of the payment amount and the area covered, which now includes the entire City. Schaefer stated that Common Council Minutes Page 2 December 16, 2008 she did check with the League of Wisconsin Municipalities regarding her ability to vote on this issue. She does not have a conflict of interest. Schaefer noted that all the Muskego personnel that applied to Tess Corners have been accepted. She reassured her constituents that there is adequate coverage. She commended all the firefighters for their hard work, commitment and dedication. Motion carried 5 in favor. CONSENT AGENDA Fiedler moved to approve the items under the Consent Agenda. Werner seconded. Motion carried 5 in favor. The following items were approved: Common Council Minutes - 11/25/2008 and 12/9/2008 NEW BUSINESS Ord. #1288 - An Ordinance to Amend Chapter 14, Section 1.5 (2), of the Municipal Code of the City of Muskego. First Reading. Borgman moved to suspend the rules to have the second reading for Ord. #1288. Werner seconded. Motion carried 5 in favor. Fiedler moved for adoption. Schneider seconded. Motion carried 5 in favor. LICENSES Fiedler moved to approve a “Class B” Retailers’ License to Sell Fermented Malt Beverages and Intoxicating Liquor and a Class “A” Dance Hall License for Bush Gardens, LLC, S68 W14781 Janesville Road (Former Atonement Lutheran Church), Agent Lynn Kurer. Werner seconded. Motion carried 4 in favor and Borgman voting no because he saw the contract to sell the church and one of the subsections required approval of the proper zoning for a liquor license. ADJOURNMENT Schaefer moved to adjourn at 6:25 p.m. Fiedler seconded; motion carried. Janice Moyer, MMC Clerk-Treasurer