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COMMON COUNCIL Minutes 20090811 COMMON COUNCIL - CITY OF MUSKEGO Approved: 08/25/2009 MINUTES OF MEETING HELD AUGUST 11, 2009 The meeting was called to order at 7:30 p.m. by Mayor Johnson. Also present were Ald. Fiedler, Schaumberg, Schneider, Werner, Borgman, Harenda, and Snead, and Clerk-Treasurer Moyer. Those present recited the Pledge of Allegiance. The Clerk stated that the meeting was noticed in accordance with the open meeting law on August 7, 2009, and as amended on August 10, 2009. There were no Communications from the Mayor’s Office and no one registered to speak under Public Comment. PUBLIC HEARING Mayor Johnson stated the hearing was to consider an amendment to Chapter 18 Land Division Ordinance, Section 18.21, of the Municipal Code of the City of Muskego Relating to Open Space Dedication Requirements. The existing code contains language, which requires a developer to reserve conservation or park lands for future purchase solely to the City. The City Attorney has determined that the language should be removed. Similar language is also in Section 18.46; a public hearing to amend that section was already held. First reading of the ordinance to remove the language in Sections 18.21 and 18.46 is on tonight’s agenda. No one requested to be heard regarding this issue. The Mayor declared the hearing closed at 7:35 p.m. CONSENT AGENDA Ald. Borgman moved to approve the items under the Consent Agenda. Ald. Werner seconded. Motion carried 7 in favor. The following items were approved: Common Council Minutes of July 28, 2009 Operators’ Licenses for Nicole Daggett, Robyn Knight, Michelle Leifer, Randall Maderich, Lisa Mutter, Mary O’Connor, Benjamin Petrick, Leonard Pilak, Shannon Selode and Rachel Stauss Reso. #114-2009 - Approval of Certified Survey Map - Spitzner Reso. #115-2009 - Approval of Certified Survey Map - Maciosek - Town of Vernon Reso. #116-2009 - Resolution to Amend the Family and Medical Leave Policy Reso. #117-2009 - Resolution to Adopt Temporary Promotion Policy Reso. #118-2009 - Resolution to Adopt a Revised Employee Hiring Policy Reso. #119-2009 - Approval of Reduction in Letter of Credit - Muskego Commerce Center East I Reso. #120-2009 - Appointment to the Metro Recycling and Disposal Facility Siting Committee Reso. #121-2009 - Appointment to the Veolia ES Emerald Park Landfill Standing Committee Reso. #122-2009 - Approval of Service Agreement with Time Warner for Dedicated Fiber Internet Service Common Council Minutes Page 2 August 11, 2009 REVIEW OF COMMITTEE REPORTS The following minutes were reviewed: 7/14/2009 Finance Committee and 7/7/2009 Plan Commission. OLD BUSINESS 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). On the floor, deferred 7/28/2009. Ald. Borgman moved to defer. Ald. Harenda seconded; motion carried. NEW BUSINESS Ord. #1303 - An Ordinance to Amend Chapter 18 Land Division Ordinance, Sections 18.21 and 18.46, of the Municipal Code of the City of Muskego (Open Space Dedication Requirements). First Reading. LICENSES Ald. Werner moved to approve an Outside Dance Permit and Amendment to Licensed Premise for Vera Pires d/b/a Spitfires Food & Spirits (S76 W17957 Janesville Road) for August 21, 22 and 23, 2009. Ald. Schneider seconded; motion carried. VOUCHER APPROVAL Ald. Fiedler moved for approval of payment of Utility Vouchers in the amount of $427,951.65. Ald. Snead seconded. Motion carried 7 in favor. Ald. Fiedler moved for approval of payment of Tax Checks Vouchers in the amount of $110.00. Ald. Snead seconded. Motion carried 7 in favor. Ald. Fiedler moved for approval of payment of General Vouchers in the amount of $655,466.61. Ald. Snead seconded. Motion carried 7 in favor. CITY OFFICIALS’ REPORTS The Mayor noted that the annual Big Muskego Lake meeting is scheduled for 8/24/2009 at 7:00 p.m. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Ald. Snead gave an update regarding the upcoming community festival. CLOSED SESSION Ald. Borgman moved to convene 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 settlement with Muskego Police Association and pursuant to Wis. Stats. §19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body Common Council Minutes Page 3 August 11, 2009 with respect to litigation in which it is or is likely to become involved, more specifically Notice of Injury - Notice of Claim - Parkland Venture, LLC. Ald. Snead seconded. Motion carried 7 in favor. The Clerk was dismissed. The City’s consulting attorneys were present. Ald. Snead moved to reconvene into open session at 8:55 p.m. Ald. Borgman seconded; motion carried. ADJOURNMENT Ald. Snead moved to adjourn at 8:56 p.m. Ald. Fiedler seconded; motion carried. Janice Moyer, MMC, CMTW Clerk-Treasurer