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COMMON COUNCIL Minutes 20090714 COMMON COUNCIL - CITY OF MUSKEGO Approved: 07/28/2009 MINUTES OF MEETING HELD JULY 14, 2009 The meeting was called to order at 7:36 p.m. by Mayor Johnson. Also present were Ald. Fiedler, Schaumberg, Schneider, Werner, Borgman, Harenda, and Snead, Deputy Clerk Blenski, and City Attorney Alexy. Those present recited the Pledge of Allegiance. The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law on July 10, 2009. COMMUNICATIONS FROM THE MAYOR’S OFFICE July was proclaimed Recreation and Parks Month. CONSENT AGENDA Borgman moved to approve the items under the Consent Agenda. Werner seconded. Motion carried 7 in favor. The following items were approved: Common Council Minutes of June 23, 2009 Operators’ Licenses for Cheri Andrews, Richard Andrews, Margo Bennett, Loretta Cuellar-Brandenburg, Dolores Dombrowski, Cynthia Ermis, Sharon Faherty, Clark Fischer, Matthew Fischer, Lisa Fox, Moe Frioui, Beth Heinrich, Michael Hilt, David Jarozewski, Matthew Jensen, Terri Kadow, Kathleen Karcher, Rachael Keller, Nancy Konkel, John Kling, Kortni Librizzi, Joshua Mayer, Saranne Meldonian, Jodi Miller, Stephany Oakley, Andrea Olson, Jared Schilling, Stephanie Schuler, Nicole Stritesky, Brittany Sutton, Krysta Van Scoy, Ramakrishna Vootkur and Ann Zimmer Reso. #099-2009 - Adoption of UBS Financial Services, Inc. Corporate Resolution Reso. #100-2009 - Approval of Certified Survey Map - Larson Reso. #101-2009 - Approval of Release and Settlement Agreement - Time Warner Entertainment Company, L.P. Reso. #102-2009 - A Resolution Regarding the Future Parkland Landfill Reso. #103-2009 - Approval in Reduction in Letter of Credit - Big Muskego Estates Reso. #104-2009 - Resolution to Amend By-Laws and Rules of Procedure - Community Development Authority of the City of Muskego, Wisconsin Reso. #105-2009 - Resolution to Adopt the Janesville Road Grant & Loan Programs for the City of Muskego, Wisconsin Reso. #106-2009 - Approval of TID Strategy and Incentives for Firestone Located Along Janesville Road (Tax Key No. MSKC 2198.991.002) Reso. #107-2009 - Approval of Revolving Loan Fund Application (DK Motor Parts, Inc.) REVIEW OF COMMITTEE REPORTS The following minutes were reviewed: 6/9/2009 Finance Committee, 6/16/2009 Community Development Authority, 6/2/2009 Plan Commission, 5/28/2009 and 6/18/2009 Teen Advisory Board. Common Council Minutes Page 2 July 14, 2009 OLD BUSINESS Ord. #1299 - An Ordinance to Amend the Zoning Map of the City of Muskego (Firestone - B-4 to DR-1). On the floor, deferred 6/23/2009. Fiedler stated that the Plan Commission unanimously recommended approval. Motion to adopt carried 7 in favor. Ord. #1300 - An Ordinance to Amend the Zoning Map of the City of Muskego (Larson - RSE to RS-1). Second Reading. Borgman moved for adoption. Schneider seconded. Ald. Fiedler stated that the Plan Commission unanimously recommended approval. Motion carried 7 in favor. Ord. #1301 - An Ordinance to Amend Chapter 17 Zoning Ordinance, Section 13, of the Municipal Code of the City of Muskego (Wellhead Protection Overlay District). Second Reading. Fiedler moved for adoption. Borgman seconded. Fiedler suggests that the City adopt the State code in whole, and not create its own regulations. This would be easier for City staff and the businesses that want to locate here. Any changes to the State code would automatically be reflected in the City’s Municipal Code. The City could be assured that the regulations were based on the latest science and engineering. Fiedler stated the regulations should apply to all City wells. Werner would like the Council to discuss any potential changes with Mr. Muenkel. Mayor Johnson stated that the proposed ordinance is very similar to the State’s. Some of the terminology is different. The Mayor agrees that all the City’s wells should be protected; the proposed ordinance would accomplish that. The DNR is the authority regarding environmental issues and is probably one of the more aggressive agencies in the State. He believes the ordinance should be reviewed, and the City consider adopting the State code as Ald. Fiedler suggested. Borgman agreed that the City should adopt the State code, and apply the regulations to all municipal wells. Atty. Alexy stated that while the DNR regulations provide a great deal of protection, they also provide latitude to grant waivers. He suggested that Mr. Muenkel review that. Atty. Alexy also noted that legal, nonconforming uses could be created. Borgman moved to defer. Fiedler seconded; motion carried. NEW BUSINESS Reso. #108-2009 - Denial of Claim. - Lisowski. Fiedler moved for adoption. Werner seconded. Motion carried 7 in favor. Ord. #1302 - An Ordinance to Recreate Chapter 3, Section 3.10, of the Municipal Code of the City of Muskego (To Establish Room Tax). First Reading. LICENSES Schneider moved to approve a Temporary License to Sell Fermented Malt Beverages and Wine for the Muskego Senior Taxi for 7/31/2009. The event will be held at Muskego Regency, W181 S8540 Lodge Blvd. Borgman seconded. Motion carried 7 in favor. Fiedler moved to approve a Temporary License to Sell Fermented Malt Beverages and Class C Dance License for the Muskego Community Festival for 8/28/2009, 8/29/2009 and 8/30/2009. Schneider seconded. Motion carried 7 in favor. Common Council Minutes Page 3 July 14, 2009 VOUCHER APPROVAL Fiedler moved for approval of payment of General Vouchers in the amount of $3,075,712.04. Snead seconded. Motion carried 7 in favor. Fiedler moved for approval of payment of Utility Vouchers in the amount of $304,504.78. Snead seconded. Motion carried 7 in favor. Fiedler moved for approval of payment of Tax Checks Vouchers in the amount of $58.73. Snead seconded. Motion carried 7 in favor. CITY OFFICIALS’ REPORTS Fiedler acknowledged the dedication of Skip Bartes to the community. He noted that he will be greatly missed. ADJOURNMENT Snead moved to adjourn at 8:07 p.m. Fiedler seconded; motion carried. Jill Blenski, CMC Deputy Clerk